General Terms and Conditions
- Subject Matter and Scope of Application
Book@Friends FZ-LLC, hereinafter referred to as “BeeHomeUAE,” operates the online portal accessible via various domains and partner sites, known as BeeHomeUAE.com, hereinafter referred to as the “Platform.” The Platform serves as a marketplace for real estate catering to entrepreneurs such as commercial providers, real estate agents, developers, etc. (hereinafter referred to as “commercial customers”), as well as consumers (hereinafter referred to as “private sellers”) (collectively referred to as “Customers”).
The Platform allows for the presentation of real estate offers or requests and facilitates real estate evaluations. Its purpose is to connect property providers and seekers, thereby facilitating the buying, selling, renting, and leasing of real estate. Additionally, the Platform offers partner services related to real estate markets.
BeeHomeUAE’s services are exclusively for customers who are of legal age and fully capable of entering into contracts. The customer’s own terms and conditions shall not apply.
- Registration
Conclusion of contracts for fee-based services and use of services requiring registration generally necessitates customer registration. The customer must provide accurate data during registration. In particular, the user must not provide data of third parties and is obligated to promptly inform BeeHomeUAE of any changes to their data, including changes that occur between an earlier registration and the conclusion of a contract, in written form.
Services Provided by BeeHomeUAE
- Services of BeeHomeUAE
3.1. Real Estate Listings
Customers can list real estate offers on the Platform (referred to as an insertion contract). The real estate offers posted by the customer are accessible through the Platform’s general search function alongside other property listings and, where applicable, through third-party portals (known as “multi-placement”).
3.2. Leads
3.2.1. Commercial customers, including real estate agents, receive the following services:
- Inquiries from potential buyers or their representatives (hereinafter referred to as “Prospects”).
- Direct handover of a qualified lead (known as lead handover). The real estate agent is solely responsible for arranging subsequent appointments between Prospects and themselves.
- A lead handover typically includes parameters determined by our qualification team: Prospect’s surname, telephone number, email address, property location, property type, price range, features, and a timeframe for valuation (on-site inspection). Additionally, each Prospect agrees to be contacted. There is no guarantee of completeness.
3.2.2. Upon request, the real estate agent agrees to provide the following evidence:
- Written confirmation (email is sufficient) of the status of the mandate assignment.
- In the absence of feedback from the real estate agent, BeeHomeUAE reserves the right to bill for the lead.
- The real estate agent must delete or mark the advertised property as “Sold” within one (1) week of its sale.
3.3. Adjustment of Service Range
Due to the rapid pace and evolution of technologies and markets, BeeHomeUAE reserves the right to adjust, discontinue, or include individual products and services accordingly. In such cases, BeeHomeUAE will seek an appropriate solution with the customer on a case-by-case basis. Gratuitously provided services may be unilaterally discontinued at any time.
- Customer Responsibility and Content of Real Estate Listings
4.1. The customer is responsible to BeeHomeUAE for:
- The legal and factual completeness and accuracy of the data, offers, and other information provided by them.
- Compliance with relevant legal regulations. If the customer is a commercial provider, they are responsible for complying with applicable legal regulations in connection with initiating and concluding their own contracts with third parties (e.g., brokerage agreements with real estate prospects).
4.2. Should BeeHomeUAE be held liable by a third party due to inaccurate, erroneous, incomplete, or unlawful data, offers, other information, or content in the customer’s real estate listing or linked content, without BeeHomeUAE’s fault, the customer shall indemnify BeeHomeUAE from all damages, costs, fines, and obligations, including reasonable legal defense costs.
4.3. Without prejudice to this customer responsibility, the following provisions specifically apply to the contractual real estate listings:
- Each real estate listing must pertain only to properties available for sale, rent, or lease and actively offered on the real estate market. Properties no longer available and offered must be promptly deleted by the customer.
- The property details must be fully accurate and complete in both factual and legal respects.
- Repeated postings or changes to the same real estate property within a short period are prohibited and may be deactivated by BeeHomeUAE.
- Commercial customers’ real estate listings must not be inappropriately dominated by promotional displays of the customer’s company; the following criteria apply in particular:
- Images must predominantly feature the property or its components; displays of company logos or representations of the customer or other non-property-related motifs should be significantly subordinate in each individual image.
- Verbal company presentations and/or references to the customer’s or third-party websites beyond legally mandated provider identification, along with a slogan and/or brief descriptive addition, are prohibited within the property listing.
- Information on real estate listings must be freely accessible to users without additional registrations and must not include redirects to paid internet or telephone services.
- Off-plan offers must be clearly identified as such by the customer and exclusively presented through appropriate selection or in a dedicated section on the Platform.
Prices, Payment, and Delivery Conditions
- Prices, Payment, and Delivery Conditions
5.1. Payment Terms
The compensation for each contract period of the real estate listings products is to be paid in advance and becomes due immediately upon completion of the order and subsequently at the beginning of each successive contract period.
5.2. Invoicing
Invoicing may be done electronically or in physical text form at the discretion of BeeHomeUAE.
5.3. Payment Methods
BeeHomeUAE may offer various payment methods as applicable, but customers do not have a guaranteed right to all available payment methods. The terms and conditions of the respective payment system provider exclusively apply to payment processing.
5.4. PayPal Payment
If the customer chooses PayPal as the payment method, they will remit the compensation amount without disclosing their bank details to BeeHomeUAE. Instead, an automatic debit process (electronic direct debit) or charge process (credit card payment) occurs solely between the customer and PayPal. According to PayPal’s terms of use, additional fees may apply to the customer. To use PayPal, the customer must have or create a PayPal account. During payment processing, PayPal reserves the right, as per its terms of use, to debit the payment amounts from the customer’s PayPal account.
5.5. Non-Compliance with Payment Obligations
If the customer fails to meet their payment obligations or if payments made are reversed or charged back, BeeHomeUAE reserves the right, without prejudice to further claims, to block the customer’s access to the platform, remove the customer’s listings from the platform, and/or cease providing other services. If access is blocked due to outstanding payment demands and the customer settles them, access will be restored. Additionally, BeeHomeUAE may charge the customer a reasonable flat-rate reminder fee for each reminder, excluding the initial reminder that establishes the delay.
5.6. Late Payment
In the event of customer default in a due payment exceeding 30 days, BeeHomeUAE may demand payment of the entire fee for the remaining term.
5.7. Price Adjustments
BeeHomeUAE reserves the right to adjust prices for commercial customers due to increased internal costs. BeeHomeUAE may adjust agreed-upon prices to reflect the development of costs typically affecting prices, such as costs for platform provision, maintenance, operation, and use, related services like IT infrastructure, upstream products, technical services, customer management costs including service hotlines and billing systems, personnel and service costs, energy costs, general costs including administration, marketing, rent, or interest, as well as government-imposed charges such as taxes, fees, and contributions. BeeHomeUAE is entitled to increase prices to cover additional costs and will offset cost reductions with total cost increases. BeeHomeUAE will inform the customer in writing of such price increases due to cost escalations in a timely manner.
5.8. Price Adjustments and Platform Enhancements
BeeHomeUAE reserves the right to adjust prices for commercial customers in connection with improvements to its platform, services, and products. BeeHomeUAE may reasonably evolve its offerings, particularly services, content, and platform functionality, in line with market standards and technological advancements. Should such enhancements expand the scope of services provided, BeeHomeUAE is authorized to adjust the agreed-upon prices of any affected booked product for commercial customers accordingly. In such adjustments…
- Contract Duration
6.1. Duration of Contracts
Contracts for real estate listings have the chosen or offered duration and commence upon booking and payment of the contract or confirmation of the offer.
6.2. Contract Renewal
The duration and renewal of contracts related to or dependent upon a contract for real estate listings are governed by the duration and renewal of the underlying contract for real estate listings, unless otherwise agreed.
- Ranking and Sorting
7.1. Ranking and Sorting
Through the platform’s search function, customers and other users can search for suitable real estate listings. Results are typically sorted by relevance unless the searcher chooses to sort them by other main parameters such as “most recent listings,” “lowest price,” “highest price,” or, if the user specifies a distance in kilometers from the search location, “shortest distance.” Each sorting displays only listings that match the search criteria (location, size, number of rooms, price, etc.).
7.2. Customization Options
Customers have the option to influence the relevant weighting within the standard sorting by inserting specific property types or by adding paid marketing tools (referred to as On-top Products, OTP) to existing listings.
- Usage Rights
8.1. Rights Granted by Customers
By uploading or posting content (e.g., texts, photos, videos of listings), customers grant BeeHomeUAE a simple, spatially unrestricted, and temporally limited right for the duration of the contract to reproduce, distribute, edit, and publicly display the content on the internet and in print. This includes the right to commercially use the content. The grant of rights extends to all internet offerings and social media accounts operated by BeeHomeUAE, including under top-level domains other than .com, as well as to printed materials and other offerings not operated by BeeHome but serving the further distribution and success of listings, e.g., on the website immonet.de or on websites and in printed materials of BeeHomeUAE’s partners (known as multiple placements). BeeHomeUAE is not obliged to attribute authorship.
8.2. Ownership of Content
By uploading or posting content, customers declare that they own all necessary rights to such content and are authorized to edit, reproduce, distribute, and publicly display or make it perceptible. This includes third-party copyrights in videos, music, and images, as well as the right to one’s own image if individuals are depicted.
8.3. Prohibited Actions
Customers and users of the platform are prohibited from copying content of other customers and other platform content beyond what is necessary for personal use, downloading content, editing it, making it publicly accessible, distributing, altering, adapting, translating, creating derivative works, decompiling, reverse engineering, disassembling, or attempting to access its source code, unless expressly permitted by law.
- Liability and Warranty
9.1. Free-of-Charge Services
If BeeHomeUAE provides platform services free of charge, liability and warranty are subject to statutory regulations. Liability is limited to intent and gross negligence. No warranty is provided for defects.
9.2. Paid Products
BeeHomeUAE is liable for damages resulting from intent or gross negligence, the absence of guaranteed qualities of the service object, culpable breach of essential contractual obligations (known as cardinal duties), damages resulting from culpable injury to health, body, or life, or liability under product liability law, according to statutory provisions. Cardinal duties are contractual obligations whose fulfillment enables the proper execution of the contract, which the contracting party can regularly rely on, and whose violation jeopardizes the achievement of the contract’s purpose. In cases of breach of a cardinal duty where damages arise solely from ordinary negligence and do not affect life, body, or health, liability is limited to damages that typically and foreseeably arise in the provision of services such as those covered by the contract. Otherwise, liability is excluded—regardless of the legal basis—both towards BeeHomeUAE and its vicarious agents.
9.3. Special Attributes and Guarantees
BeeHomeUAE does not guarantee any special attributes (e.g., advertising effectiveness, exposure views), transaction success, or improvement in revenue or profits for any contractual services.
9.4. Platform Availability
BeeHomeUAE will strive to maintain uninterrupted platform availability to the best of its abilities. In the event of server disruptions, BeeHomeUAE will promptly work towards resolution. Necessary server interruptions will, whenever possible, occur outside of regular business hours (between 9:00 PM and 6:00 AM).
- Data Protection
All information regarding the collection, processing, and use of personal data of customers and other users can be found in BeeHomeUAE’s privacy policy.
- Changes to These Terms and Conditions
11.1. Changes for Private Providers
BeeHome reserves the right to amend these Terms and Conditions for private providers at any time, with reasonable notice. Changes will be communicated via email, indicating the effective date. Private providers have the right to object to the changes within the notified period. In such cases, the previous Terms and Conditions remain valid.
11.2. Changes for Commercial Customers
BeeHomeUAE reserves the right to amend these Terms and Conditions for commercial customers with a minimum notice period of 15 days. Changes will be communicated via email, indicating the effective date. In specific cases requiring technical or business adjustments due to the amendment, longer notice periods may be provided.
11.3. Right to Object
Commercial customers have the right to object to the changes within the specified or individually communicated period. In case of objection, the previous Terms and Conditions continue to apply, and BeeHomeUAE may terminate one or more affected contractual relationships with a notice period of four weeks to the end of the following month. The commercial customer may waive this period, for example, by accepting the changes or by posting new listings before the deadline.
- Miscellaneous Provisions
12.1. Offset and Retention
The customer may only offset and retain payments if the counterclaims have been legally established or are undisputed. However, the customer may offset and retain against BeeHomeUAE’s claims if the customer’s claim arises from a reciprocal relationship to BeeHomeUAE’s claim.
12.2. Governing Law
These Terms and Conditions are governed by the law of the UAE.
12.3. Contract Documentation
The contract between the customer and BeeHomeUAE is not separately documented concerning the customer’s person, which the customer could access later as such. However, the contract’s content is derived from these Terms and Conditions and the subject matter of the concluded contract. Only English is available for contract conclusion.
Effective Date: July 14, 2024
