General Terms and Conditions

These GTC apply to all offers, contracts and services of ZRE, in particular to sale, search and rental mandates, the placement of Arrival Residences, relocation packages, Private Office and advisory services, project marketing and agreements with partners and introducers.

These GTC become part of the contract if the mandate, the offer or the partner agreement refers to them and the contracting party had the opportunity to take note of them before the contract was concluded. ZRE provides them to the contracting party before the contract is concluded. They are also available at www.zimmerbergrealestate.ch/terms.html (German original: www.zimmerbergrealestate.ch/agb.html).

Only the contract documents under section 1.4 apply. General terms and conditions of the contracting party or of third parties do not apply, even if they are contained in correspondence, forms, orders, onboarding or registration documents, or if ZRE does not expressly object to them. In case of doubt, these GTC prevail and replace any conflicting terms of the contracting party. Completing, signing or returning forms of the contracting party does not constitute acceptance of its terms. Deviating terms apply only if both parties agree on them in writing and expressly refer to this section.

The following order of precedence applies: the mandate, the partner agreement or any other agreement signed by both parties, then these GTC, then the ZRE pricing sheet valid at the time the contract is concluded.

Until the transfer under section 2.2, ZRE is LOUMPROMOTION (SWITZERLAND) LTD, Stockport, Zweigniederlassung Thalwil, acting under the brand Zimmerberg Real Estate.

Upon conclusion of a contract, the contracting party consents in advance that its contracts with ZRE are transferred with all rights and obligations to a Swiss limited liability company to be formed (planned name: Zimmerberg Real Estate GmbH) or to another Swiss company controlled by Malick S. Loum at the time of the transfer (the “Successor”). The transfer takes effect upon written notice to the contracting party; email suffices. The Successor assumes all rights and obligations, including those already accrued; content, terms and deadlines remain unchanged. Upon the transfer, LOUMPROMOTION (SWITZERLAND) LTD leaves the contract. The contracting party’s right to terminate a mandate at any time under section 6.2 remains reserved.

The scope, duration and fee of a service are set out in the mandate. ZRE performs its services with due care and to the best of its knowledge. Unless agreed otherwise, the provisions of the Swiss Code of Obligations on simple mandates and brokerage contracts apply in addition (Art. 394 et seq. and Art. 412 et seq. CO).

ZRE does not owe a specific result, in particular no conclusion of a contract, no specific price and no specific date, unless expressly agreed.

ZRE does not provide legal, tax, investment or financing advice and does not conduct permit procedures. Information on taxes, Lex Koller, permits or financing is general in nature; the contracting party engages its own specialists for these matters.

Information on properties is provided by owners, sellers, landlords or other third parties. ZRE reviews it with reasonable care but gives no warranty as to its accuracy and completeness.

ZRE may engage auxiliary persons and partners. Services of third parties, such as moving companies, schools, translators or authorities, are agreed and settled directly between the contracting party and the third party unless agreed otherwise. For such directly agreed services, ZRE is only liable for the careful selection of the third parties it recommends.

The contracting party provides true and complete information, in particular on budget, financing, residence and permit status. It informs ZRE of any changes without delay.

Before viewings, negotiations or the conclusion of contracts, ZRE may request information on the identity of the contracting party and of the beneficial owners, proof of financing or funds and information on the eligibility to purchase. ZRE may also screen sanctions and PEP lists. If such information is not provided or if there are indications of money laundering, sanctions or other violations of law, ZRE may suspend its services or terminate the mandate; services rendered until then remain payable.

The contracting party treats property information, in particular off-market offers, owner data and documentation, as confidential, uses it only for the purpose of the contract and does not pass it on to third parties.

If the contracting party already knew of a property presented by ZRE, it informs ZRE in writing within three business days of the presentation. If it does not, it is presumed that the contracting party learned of the property through ZRE; proof to the contrary remains reserved.

The fees agreed in the mandate apply, supplemented by the pricing sheet valid at the time the contract is concluded. All amounts are in Swiss francs plus value-added tax, where applicable.

Success fees are earned and due as soon as the main contract is concluded: for a purchase, upon notarization of the purchase agreement; for a rental, upon signing of the lease. If the main contract is subject to a condition precedent, such as a permit under the Lex Koller, the success fee is earned and due only when the condition is fulfilled (Art. 413 para. 2 CO).

Packages, retainers and flat fees are invoiced at the start of the mandate and payable in advance; services begin upon receipt of payment. Retainers are credited against the success fee as set out in the mandate.

Invoices are payable within ten days of the invoice date without deduction, unless agreed otherwise. After this period, the contracting party is in default without reminder; default interest is 5% per year.

Fees of authorities, notaries, schools and translators are borne by the contracting party. The same applies to travel outside the market area (cantons of Zurich, Zug and Schwyz), which is agreed in advance.

ZRE never accepts a success fee from both parties for the same transaction. If ZRE holds a sale or rental mandate for a property in which a search client is interested, ZRE discloses this in writing to both sides before taking further steps and acts for that property only with the consent of both sides. If the contract is concluded, only the seller’s or landlord’s fee applies and ZRE refunds the retainer.

The contracting party may only set off undisputed claims or claims that have been finally established by a court.

Sale and search mandates are exclusive: during the term of the mandate, the contracting party does not engage any other broker or search service for the same property or the same search. They run for six months and end without notice, unless the mandate provides otherwise.

Either party may terminate a mandate in writing at any time. If termination occurs at an inopportune time, the terminating party compensates the resulting damage (Art. 404 CO).

Upon termination, services rendered and expenses incurred up to that date are to be paid. Retainers paid in advance are refunded in proportion to the remaining part of the agreed term of the mandate; for packages and flat fees, the portion of services not yet rendered is refunded, unless the mandate provides otherwise.

If, within 24 months after the end of a mandate, a contract is concluded with a person whom ZRE presented or brokered under a sale mandate, or for a property that ZRE presented under a search mandate, the success fee is owed if the conclusion is attributable to ZRE’s activity, even if ZRE is not involved in it. For a conclusion within twelve months after the end of the mandate, this is presumed; the contracting party may prove otherwise.

ZRE is liable for intent and gross negligence. In the case of slight negligence, liability is limited to the fee of the mandate concerned; liability for indirect damage and lost profit is excluded. Liability for personal injury remains reserved. ZRE is liable for auxiliary persons to the same extent as for its own conduct.

In particular, ZRE is not liable for decisions of authorities, for example on permits, tax rulings or Lex Koller, for information and services of third parties, or for the conduct of owners, sellers, landlords and other contractual partners of the contracting party. Liability under section 7.1 for ZRE’s own fault remains reserved.

ZRE treats all information about the contracting party as confidential. Client names do not appear in references or in the media without the client’s consent.

ZRE processes personal data in accordance with the Swiss Federal Act on Data Protection and, where applicable, the EU General Data Protection Regulation. ZRE discloses personal data to owners, landlords, partners, authorities and auxiliary persons to the extent necessary to perform the contract or if the contracting party has consented. Details are set out in ZRE’s privacy policy (www.zimmerbergrealestate.ch/privacy.html).

The contracting party agrees that ZRE communicates by email and messenger. Unencrypted messages may be viewed by third parties; on request, ZRE uses secure channels.

Partners and introducers are subject to the written partner agreement and, in addition, to these GTC.

Remuneration of partners is based on the fee received by ZRE, excluding VAT and third-party costs. It covers all mandates that the introduced person, members of that person’s family or entities controlled by them conclude with ZRE within 24 months of the introduction. It is paid within 30 days of ZRE’s receipt of the respective payment. ZRE discloses partner remuneration to the client in the mandate and pays it only with the client’s consent.

Partners subject to professional or regulatory rules assess the admissibility of any remuneration themselves and fulfill their own disclosure obligations and their duty to account for and surrender benefits (Art. 400 CO) toward their clients. ZRE pays no remuneration to notaries, authorities or employees of corporate clients.

Amendments and additions to a contract must be made in writing; an email confirmed by both parties suffices.

ZRE may amend these GTC. The new version applies to contracts concluded after its publication.

Should any provision of these GTC or of a contract be invalid, the remaining provisions remain valid. The invalid provision is replaced by a valid one that comes closest to its economic purpose.

These GTC are available in German and English. In case of discrepancies, the German version prevails.

Swiss law applies, excluding its conflict of laws rules. Mandatory provisions for the protection of consumers remain reserved.

The exclusive place of jurisdiction is the City of Zurich, Switzerland, also for contracting parties with their registered office or domicile abroad. Mandatory places of jurisdiction remain reserved, in particular for consumers (Art. 32 and 35 of the Swiss Civil Procedure Code, Art. 114 of the Swiss Private International Law Act, Art. 15 to 17 of the Lugano Convention).