Terms and Conditions (T&C)
Please read these T&C carefully before registering as a prospective buyer and using the Services on Buybay.
The term “Prospective Buyer” as used in these T&C refers to you.
The terms “AAA” and “us” as used in these T&C refer to
Arlberg Alpin Apart Plus Errichtergesellschaft mbH
1.1 AAA operates the platforms www.1495.at and www.theheimat.at (hereinafter also referred to as “Platform”, “Portal” or “Buybay”). Via our Platform, fixed-price apartments are offered for sale and chalets are offered for auction (hereinafter referred to as “Services”) under the brand THE HEIMAT auf 1495m.
1.2 The apartments and chalets are being built in Warth/Schröcken in Vorarlberg. The apartments and chalets are also hereinafter referred to as “Property”.
1.3 In order to use the Services, a one-time registration is required (see section 3 below).
- SCOPE OF THE T&C AND SUBJECT OF THE CONTRACT
2.1 We offer our Services and all other functionalities on our Portal exclusively on the basis of these T&C. By registering as a Prospective Buyer, you automatically accept these T&C as well as all other associated agreements and documents.
2.2 The subject matter of the contract is the use of our Services by you.
3.1 In order to use our Services, a one-time, free registration is required. By registering, you create a Prospective Buyer’s Account (also referred to as “Account”).
3.2 In order to register, Prospective Buyers must enter complete and correct information in the mandatory fields in the registration form, e.g. first name, last name and date of birth. When registering, Prospective Buyers must enter their real name and not a made-up name, nickname or pseudonym.
3.3 Only natural persons who are citizens of a member state of the European Union or Switzerland may register. Once registered, we will contact Prospective Buyers who are Swiss citizens to discuss their options for purchasing a Property.
3.4 By registering, Prospective Buyers give a binding assurance that they are at least 18 years of age and entitled under the applicable laws to register for the Portal as a Prospective Buyer and to conclude purchase contracts for Properties. Individuals who do not meet these requirements are not entitled to register.
3.5 By registering, Prospective Buyers confirm their understanding and unrestricted acceptance of these T&C, and confirm that all information provided by them is correct, current and complete, and undertake to regularly update their registration information.
3.6 Each Prospective Buyer may only have one Prospective Buyer Account.
3.7 Upon completion of the registration process, Prospective Buyers will receive an authentication e-mail or SMS text message in order to activate their Account. The Prospective Buyer’s Account will only be approved for use in accordance with these T&C once it has been activated.
3.8 After successfully registering and activating their Account, Prospective Buyers can log in to Buybay by entering their e-mail address or mobile telephone number (also referred to as “AAA-ID”) as well as their chosen password.
3.9 Please note that you are not automatically entitled to register with Buybay. We reserve the right to reject registrations from Prospective Buyers without giving reasons. In such cases, any data transmitted by you will be deleted immediately,
3.10 If the Prospective Buyer provides false information or if AAA has justified grounds to believe that the information provided is incorrect, AAA is entitled to delete the Account concerned with immediate effect and without prior notice and to blacklist the respective Prospective Buyer.
3.11 Cancellation policy:
3.11.1 You have the right to withdraw from this contract for the use of our Services, without giving any reason, within 14 calendar days of activation of your Account.
3.11.2 In order to exercise your right of cancellation, you must inform us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. a letter sent by post, fax or e-mail). The easiest way to do this is to use this cancellation form, which you can fill out and submit electronically. If you declare your wish to cancel electronically by using the form provided, we will immediately send you a confirmation of receipt of your cancellation via the e-mail address you have provided. We will consider the cancellation deadline to have been met as long as you send us your cancellation request within the required period.
3.11.3 If you withdraw from this contract, we shall reimburse you for all payments received under this contract without undue delay and at the latest within fourteen days from the date on which we received notice of your withdrawal from this contract. The refund will be credited to the account specified by you. You will not be charged any fees for this refund.
3.11.4 To avoid misunderstandings, we expressly point out that you may withdraw from the contract for the use of the Services without stating reasons; however you may not do so from a contract of sale for a Property, since contracts for the purchase of immovable property do not entitle the contracting parties to withdraw from the contract without stating reasons. Therefore, should you purchase a Property directly or at auction, please note that the cancellation period for this contract only applies to your use of our Services, and does not release you from your obligation to purchase the Property concerned.
3.11.5 If you exercise your right of cancellation during an ongoing auction in which you are a bidder, you will be automatically withdrawn as a bidder and you will not win the auction even if you are the highest bidder.
- PROTECTION AGAINST MISUSE
4.1 The Prospective Buyer shall protect his/her registration data against unauthorised access and misuse by third parties, and shall change his/her password immediately in the event that it becomes known by a third party, or if the Prospective Buyer has grounds to believe that it might become known by a third party. The Prospective Buyer shall immediately report any unauthorised use or misuse of his/her Account, as well as any suspicion that his/her Account could be exposed to such a risk, by e-mail to email@example.com.
4.2 In the event of unauthorised access, the Prospective Buyer shall compensate AAA for any resulting damages as well as any expenses incurred during the investigation and elimination of the unauthorised access.
- OBLIGATIONS OF THE PROSPECTIVE BUYER
5.1 Prospective Buyers are responsible for their activities in the context of using our Portal. In particular, they hereby agree to
5.1.1 provide correct information and ensure that it is always up-to-date and complete, and to refrain from sharing their login information with third parties
5.1.2 refrain from making attempts by means of technical or electronic aids to alter software or hardware belonging to AAA or third parties, or to alter the performance or availability of the Portal, in particular hacking attempts, brute force attacks, planting viruses/worms/Trojans or any other disruptive activities
5.1.3 to refrain from altering or otherwise attempting to extract the source code of our software
5.1.4 to refrain from copying, distributing or transmitting any accessible data without the express consent of the respective copyright holder, and from acquiring such data via the use of technical aids, such as crawlers or bots
5.1.5 refrain from uploading identity documents or personal data belonging to third parties
- PURCHASING INTEREST AND BIDDING
6.1 As a Prospective Buyer, you can either express your interest in purchasing an apartment or participate in an auction for a chalet by placing bids.
6.2 Purchasing interest
6.2.1 If you wish to express your interest in buying an apartment for sale, click on the “Purchasing interest” button.
6.2.2 You will be redirected to a page in the Portal containing more information about the purchasing process.
6.2.3 You will be contacted by us and/or the estate agent Schmid & Partner GmbH in 6900 Bregenz, Austria and asked to submit a copy of your passport and a credit report from your bank.
6.2.4 The copy of your passport and the credit report from your bank are required in order to check your eligibility to purchase an apartment under land transaction law and to check your credit rating. Unless you provide this information, you will not be able to purchase an apartment.
6.2.5 Clicking on the “Purchasing interest” button does not result in the conclusion of a sales contract. Furthermore, clicking on the aforementioned button does not oblige you to purchase, nor us to sell you, the apartment. It merely initiates the sales process for the apartment concerned.
6.2.6 Your declaration of interest in purchasing an apartment does not grant you any exclusive rights or other privileges with regard to this apartment. Several Prospective Buyers may express their interest in purchasing one and the same apartment at the same time and we are entitled to initiate the sales process with all potential purchasers simultaneously.
6.2.6 A Prospective Buyer may only apply to purchase one apartment at any given time.
6.3.1 If you wish to submit a bid for a chalet offered at auction, you can do so by clicking on the “Bid” button.
6.3.2 You will be redirected to a page in the Portal on which the auction for the respective chalet will take place.
6.3.3 At the same time, an information window will inform you that bids made in the auction are binding and, in the event that yours is the winning bid, you will be obliged to purchase the chalet concerned. Via this information window, you are given the option to click “Cancel” and thus not to participate in the auction, or to click “Continue” to participate in the auction.
6.3.4 If you click on “Continue”, you will be contacted by us and/or the estate agent Schmid & Partner GmbH in 6900 Bregenz, Austria and asked to submit a copy of your passport and a credit report from your bank.
6.3.5 The copy of your passport and the credit report from your bank are required in order to check your eligibility to purchase an apartment under land transaction law and to check your credit rating. Unless you provide this information, you will not be able to bid.
6.3.6 You can submit bids during an auction by clicking the “Place bid” button. Please note that your bids are legally binding and will oblige you to purchase the chalet in the event that yours is the winning bid. Your bids represent a binding offer on your part to purchase the chalet offered for sale at auction (as described in our Portal => please note section 7 of these T&C) at the price offered by you in your bid and subject to the applicable conditions (here again, please also note section 7 of these T&C).
6.3.7 Bids are submitted in euros as whole numbers based on the price per square metre. The resulting purchase price for the chalet will be displayed.
6.3.8 Bidders are not displayed. This means that no bidder can see who else is bidding.
6.3.9 The auctions are based on incremental price increases. The price increment is the amount by which you must increase your current bid in order to be the highest bidder again. This amount must exceed the current highest bid by at least one euro. You will be informed by e-mail in the event that you are outbid.
6.3.10 The highest bidder is the bidder with the highest current bid.
6.3.11 The winning bidder is the bidder who has submitted the highest bid at the end of the auction (the “winning bid”). This bidder will win the auction.
6.3.12 The start and end time of each auction is displayed. Bids may be entered at any time between the start and end of the auction. However, please note that last-minute bids may not be processed and entered in time due to variations in the available computer processing power. We provide no warranty and accept no liability in such cases.
6.3.13 If you win the auction as the winning bidder, we will inform you accordingly by e-mail. You will then be obliged to purchase the chalet for the amount of your winning bid (= purchase price). If you win an auction, we will accept your offer to purchase the chalet for the highest submitted bid, whereby the contract between us for the purchase of the chalet shall enter into force.
6.3.14 You may only participate in one auction at a time.
- FURNISHINGS, PLANS, COSTS, etc.
7.1 The furnishings provided with the apartments offered for sale and the chalets offered at auction depend on the respective description in the Portal. The location and layout of the Property is based on the respective plans. Both the description and the plans are available for download.
7.2 The prices of the apartments offered for sale, as well as the bids submitted for the chalets during auctions, are always based on the description and plans for the respective apartment or chalet as published via the Portal. The direct purchase price or winning bid price includes neither the costs related to any alteration requests nor the fees, taxes, duties and costs (e.g. for estate agents, contract execution and implementation) associated with the acquisition of the respective Property.
7.3 The property transfer tax amounts to 3.5% of the purchase price and must be paid by the purchaser (= the Prospective Buyer who purchases a property either directly or at auction) in addition to the purchase price.
7.4 The fee for registering the purchaser’s ownership rights to the Property in the land register is 1.1 % of the purchase price and is payable by the purchaser in addition to the purchase price.
7.5 COMMISSION FREE: The estate agent’s commission is 0% of the purchase price.
7.6 The fee for the establishment and execution of a purchase contract in the land register by a trustee is 1 % of the purchase price plus 20% VAT, and is payable by the buyer in addition to the purchase price.
7.7 The purchase is based on our standard purchase contract, which is available for download via the Portal.
- TERMINATION OF USE BY THE PROSPECTIVE BUYER
8.1 Prospective Buyers are entitled to cease using our Portal and deactivate their Account at any time.
8.2 Should you do so during an ongoing auction in which you are a bidder, you will be automatically withdrawn as a bidder and will not win the auction even if you submit the winning bid.
8.3 The deactivation of your Account on your part does not affect any of your existing obligations to purchase a Property.
- SANCTIONS FOR VIOLATIONS OF THESE T&C BY THE PROSPECTIVE BUYER
9.1 In the event of violations of these T&C or in cases where a Prospective Buyer creates legal risks for AAA, we are entitled to impose the following sanctions against the Prospective Buyer:
- Deletion of content
- Deletion of the Account
9.2 In all cases, the choice of sanction is at the sole discretion of AAA. Please also note that AAA is not obliged to issue the sanctions in the order listed above. The chosen sanction depends on the intention, severity, duration and nature of the violation. AAA will inform the Prospective Buyer about the imposed sanction by e-mail or during their next attempt to log in to their Account.
9.3 Further criminal or civil sanctions remain unaffected.
9.4 Our sanctions against a Prospective Buyer in no way affect an existing obligation to purchase a Property.
- WARRANTY AND LIABILITY
10.1 To the extent permitted under statutory law, AAA assumes no warranty and is not liable for ensuring that
10.1.1 the Portal and/or Prospective Buyers’ Accounts are permanently and fully available and are error-free, or that the required software and hardware work flawlessly
10.1.2 data transmission via external systems, in particular the internet or telecommunications networks, is not tracked, recorded or falsified by third parties
10.1.3 a specific level of computer performance is maintained or that data transmission takes place at a specific speed or that it is complete or error-free
10.1.4 data downloaded by Prospective Buyers or provided by AAA is correct, complete or error-free (this does not apply to the accuracy and completeness of the descriptions and plans of the Properties)
10.1.5 use of the Portal does not violate the rights of third parties
10.2 In particular, AAA is entitled to take all or part of the Portal offline for maintenance activities. Furthermore, AAA is entitled to change the functionality, appearance or other features of the Portal at its own discretion. At any given time, access is only provided to the latest version of the Portal. AAA is not obliged to store or save other versions or their contents.
10.3 To the extent permitted under statutory law, AAA assumes no liability
10.3.1 for damages resulting from use of the Portal or content made available via the Portal. This also applies for damages due to errors, problems, viruses or data loss, as well as any damage caused to the hardware used to access the Portal (including smartphones and tablets)
10.3.2 for lost or damaged data
10.3.3 unless, regardless of the legal grounds, damages are due to gross negligence or intent on the part of AAA.
- PRIVACY STATEMENT
- CHANGES TO THESE T&C
12.1 AAA is entitled to change these T&C from time to time, in particular, but not exclusively, for the purpose of adapting them to reflect changes to statutory provisions. The current version of the T&C can be read on Buybay.
12.2 Changes to these T&C require the agreement of the Prospective Buyer. If AAA wishes to change the T&C, AAA will notify the Prospective Buyer as soon as possible. This notification will be made via the Prospective Buyer’s Account and on the device used by the Prospective Buyer to access Buybay. The Prospective Buyer’s agreement with the changed T&C shall be assumed unless he/she objects to the changed T&C within a period of three weeks. In the event you do not agree to the new T&C, you are required to delete your Account immediately and cease using our Services. To do so, please access your Account and click on “I do not agree to the current T&C, please delete my account”.
12.3 In the notification of the changes to the T&C, AAA will inform Prospective Buyers about the three-week period within which they can agree to the changed T&C, and about the fact that their silence shall be interpreted as acceptance of the changed T&C.
12.4 Prospective Buyers who refuse to agree to the changed T&C will be excluded from any ongoing auctions in which they are active bidders and will not win the auction even if there is is the winning bid. However, the Prospective Buyer’s refusal to accept the T&C has no influence on any existing obligation to purchase a Property.
- OTHER PROVISIONS
13.1 The Prospective Buyer’s heirs or successors are not entitled to take over the Prospective Buyer’s Account or the contract for the use of our Services, or to manage these in any other capacity. Existing obligations to purchase a Property on the part of a Prospective Buyer are subject to the applicable inheritance laws.
13.2 Should individual provisions of these T&C be or become invalid or unenforceable, the remaining provisions shall remain unaffected. The invalid or unenforceable provisions shall be deemed to have been replaced by valid and enforceable provisions that come as close as possible to the economic purpose of each invalid or unenforceable provision (severability clause).
13.3 These T&C, as well as all legal relationships and disputes arising between the Prospective Buyer and AAA under the contract for the use of the Services, are subject exclusively to Austrian law, with the exception of the rules regarding conflicts of law and the UN convention on the Sale of Goods.
AAA shall not submit to any alternative dispute resolution procedures (firstname.lastname@example.org).
13.4 To the extent permitted under statutory law, the place of fulfillment and the exclusive jurisdiction for all disputes arising under this contract is 6923 Lauterach, Austria.