1. The following terms and conditions (“T&C”) regulate the real estate mediation mandate given by the client (“Client”) to Castellanum S.r.l. and Castellanum RE S.r.l. (“Castellanum” or “we”) in relation to the properties indicated in the offer or other properties subsequently communicated by Castellanum. By your signature, you expressly confirm that you have read and agree to these T&C. Where the Client is acting in their capacity as a consumer, pursuant to article 3 of Legislative Decree 206/2005 (the “Consumer Code”), mandatory consumer protection provisions shall also apply.
2. All documents and real estate information provided to the Client are for information purposes only and do not constitute a binding offer. Such information is based on information made available by the owner of the property and/or other third parties. Castellanum, therefore, provides no warranty and assumes no responsibility for their accuracy, completeness and current condition. We reserve the right to make changes. Acts by public authorities may change the planning and the area. Graphical and/or descriptive representations of the property are for illustrative purposes only and shall not be relied on. It remains the sole responsibility of the Client to ascertain their accuracy and conformity to reality. Indications concerning the location of the real estate do not imply any warranty, express or implied, as to the current or future value of the real estate. Should the Client, during the course of the mandate, provide Castellanum with material of any kind (e.g. images, audio or video material, jointly the “Material”), they hereby grant Castellanum, free of charge, an exclusive, transferable, sublicensable, worldwide, and perpetual license to use such Material for all purposes connected with or incidental to the performance of the mandate. This license shall include, without limitation, the rights to reproduce, adapt, edit (including through the creation of derivative works, excerpts, processing, or optimization), distribute, communicate to the public, and make the Material available, including via websites, social media platforms, third-party services, and any other channels employed in connection the mediation activity carried out by Castellanum. The Client represents and warrants that they are the sole and unrestricted owner of all rights necessary to grant the above license, and that the provision of the Material to Castellanum, as well as its use by Castellanum in accordance with this clause, does not and will not infringe any third-party rights, including but not limited to copyright, related rights, or rights relating to the protection of personal data. The license is granted free of charge and shall remain exclusive for the entire duration of the mediation mandate and for a reasonable transitional period following its termination. Any material created by Castellanum in connection with the property and for the purpose of performing the mediation mandate shall remain the sole and exclusive property of Castellanum. All intellectual property rights therein are and shall remain vested exclusively in Castellanum or, where applicable, its licensors. The Client acknowledges and agrees that all intellectual property rights are owned exclusively by us or, where applicable, our licensors and agrees not to remove, modify or render illegible any copyright notices or other references to intellectual property rights appearing on or in connection with the material. Unless expressly authorized in writing, the Client does not acquire any right or entitlement to the intellectual property of Castellanum or its licensors. The Client is expressly forbidden from using, reproducing, distributing, sublicensing, or otherwise exploiting, in whole or in part, such materials or violate in any way the proprietary rights of Castellanum or our licensors.
3. Our right to commission arises and becomes due as soon as the Client enters into a legally binding agreement – irrespective of its form, or the Client’s position or role therein – concerning the real estate that is the subject of Castellanum’s intermediation activity. It is expressly agreed that the right to commission shall remain unaffected and is due even if the final deed is not executed, or if the agreement is subsequently cancelled, terminated or declared null and void for reasons attributable to one of the contracting parties. In the case of mediation relating to a real estate sale and purchase, the commission payable by each party shall amount to 4% of the purchase price, plus VAT to the extent stipulated by law, and, in the case of leasing or renting, the commission payable by each party shall amount to 10% of the agreed annual rent, plus VAT to the extent stipulated by law, unless otherwise agreed in writing.
4. If the Client and the owner of the real estate, or their successors in title, conclude within 24 months of the expiry of the mediation mandate, a different or additional transaction to the one originally agreed, the right to the abovementioned commission shall be deemed to have matured and to be due, unless otherwise agreed in writing.
5. The right to commission shall also accrue if, as a result of our mediation activities, a lease or rental agreement for the property is initially concluded and the purchase of the property by the same contractual parties is only completed later, but no later than 24 months after the conclusion of the lease or rental agreement. In this case, the amount of commission already paid for the lease or rental shall be deducted from the commission due for the purchase.
6. If the mediated real estate property is already known to the Client, the Client shall notify us in writing within five days of receipt of our offer, providing appropriate documentation proving their previous knowledge. Failing which, any further activity carried out by Castellanum shall be deemed decisive for the conclusion of the agreement. For the entire term of the mandate and for a further 24 months after its termination, the Client undertakes to ensure that Castellanum is expressly referred to as the mediating party, within the legally binding agreements that are attributable to its mediation activity. In the event of a breach of this obligation, the Client shall be liable to Castellanum for any resulting damages, including, but not limited to, the loss of commission.
7. Our communications and documents are intended exclusively for the Client‘s personal use. The Client is obliged to treat the information received with the utmost confidentiality – even after termination of the mediation mandate – and undertakes not to disclose it to third parties. Should the Client nevertheless disclose such information to third parties, and as a result a legally binding agreement (e.g., a lease, tenancy, purchase agreement, or similar transaction) is concluded within 24 months between such third parties and the owners of the property or their legal successors, the Client shall be liable for the payment of our commission, unless it is paid by the contracting parties themselves.
8. We accept no liability for the solvency of the counterparty to the transaction mediated.
9. The personal data provided by the Customer shall be handled in accordance with the privacy policy annexed to GTC.
10. The contractual relationship between the Client and Castellanum is subject to Italian law. In case of disputes arising out of the interpretation, execution or termination of these T&C or the mandate, the exclusive place of jurisdiction shall be the Court of Bolzano. Clients acting as consumers may, at their discretion, bring their dispute before the court of their place of residence or the court of the registered office of Castellanum.