1. Scope of Application

These General Terms and Conditions (GTC) apply to all contracts concluded between Auerbach Transformation Consulting Ltd., Austrian Branch, Schumanngasse 21, 1180 Vienna (hereinafter referred to as “we”, “us”, or “Autracon”) and the customer (hereinafter referred to as “you” or “your”) via the online platform Mietspector (hereinafter referred to as the “Website”) regarding the creation of tenant profiles.

These GTC form an integral part of all contracts or other legal declarations concluded with business partners through this Website.

​

2. Conflicting Terms

Any deviating or additional terms shall only apply if we have expressly agreed to them in writing.

 

3. Non-Binding Nature of Requests

By submitting a request, you make a binding offer.
We are entitled to accept this offer within 30 days.

A contract is only concluded once we have expressly accepted the offer.
An acknowledgment of receipt does not constitute acceptance of the offer.

 

4. Subject of the Contract

Tenant profiles are created either by us or by external service providers.

The basis for these profiles consists of data provided by users (subjects of tenant profiles, for example potential tenants, hereinafter referred to as “Users”) as well as their consent to the storage and processing of their data.

The completed profiles will be made available to you in the form of a report.

 

5. Conclusion of Contract

The presentation of services on our Website does not constitute a legally binding offer but rather a non-binding invitation to place an order.

You may select the desired services and place them in the shopping cart.

To complete the order process, click the “Confirm” button. You will then be able to enter your personal data and select a payment method. Before submitting the order, you may review and modify your information.

By clicking the “Book” button, you submit a binding order for the services contained in the shopping cart.

You will receive an automated email confirming receipt of your order. This email does not constitute acceptance of your order.

The contract is concluded only when we send you a separate email confirming your booking.

 

6. Right of Withdrawal

If you are a consumer, you have the right under §§ 3 and 3a of the Austrian Consumer Protection Act (KSchG) and the Distance and Off-Premises Contracts Act (FAGG) to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date the contract is concluded.

To exercise your right of withdrawal, you must inform us of your decision by means of a clear statement (e.g., by letter sent by post, fax, or email). No specific format is required.

To meet the withdrawal deadline, it is sufficient that you send the notification before the withdrawal period expires. You may use the model withdrawal form for this purpose.

If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and no later than fourteen days from the day we receive notification of your withdrawal.

Refunds will be made using the same payment method used in the original transaction unless expressly agreed otherwise. No fees will be charged for the refund.

If you receive a tenant profile commissioned by you within the withdrawal period, the right of withdrawal expires.

 

7. Prices and Payment Terms

All prices stated on our Website are exclusive of statutory value-added tax (VAT).

Payment may be made by credit card, PayPal, or instant bank transfer.

Payment is due immediately upon conclusion of the contract.

In the event of late payment, we are entitled to charge default interest of 4% per annum.

We reserve the right, in case of late payment, to refuse to provide services or withdraw from the contract.

The price shown during the ordering process represents the single purchase price per service.

If the name of the credit card holder differs from your name, we may reject the contractual offer within 10 days after submission of the offer for this reason.

Regardless of any further claims for damages, you remain obliged to pay the full price if payment made by a third party proves to be fraudulent or does not discharge the payment obligation.

 

8. Creation and Delivery of Tenant Profiles

Completed tenant profiles are delivered via email.

You are responsible for the necessary technical equipment and internet connection on your side. We assume no liability for technical disruptions or failures outside our responsibility.

We aim to prepare and deliver tenant profiles promptly. This requires timely provision of data by the Users (e.g., potential tenants).

If we are unable to obtain the required information despite repeated requests, we will inform you accordingly and in due time.

If the creation of a tenant profile is not possible because the User fails to provide the required data or consent to the collection and processing of personal data, we will refund 50% of the purchase price (excluding VAT). Alternatively, you may request another report at no additional cost.

Extraordinary events beyond our control that prevent the operational delivery of services (force majeure, e.g., natural disasters, terrorist acts, or war) entitle us to suspend performance of the service without liability for damages.

 

9. Liability

The creation of tenant profiles partly relies on information provided by Users. Therefore, we cannot guarantee the accuracy, completeness, or timeliness of such information.

We are not liable for indirect damages, consequential damages, loss of profit, pure financial losses, loss of interest, or damages arising from claims by third parties who are not contractual partners.

Liability for slight negligence is excluded.

If the customer is a consumer, liability is limited to intent and gross negligence.
If the customer is an entrepreneur, liability is likewise limited to intent and gross negligence.

We are not liable for any damages arising from the reliance on recommendations of third parties, even if such parties are referenced on the Website.

Any claims for damages are in any case limited to the amount of the purchase price.

We do not guarantee that no comparable or cheaper services are available on the market.

Tenant profiles do not constitute a recommendation for or against renting to any specific individual, nor do we provide binding recommendations or decisions.

 

10. Limitation Period

Unless a shorter statutory or contractual limitation period applies, all claims shall expire unless they are asserted in court within one year from the time the entitled party becomes aware of the damage and the responsible party or of the event giving rise to the claim.

 

11. Data Protection

We process personal data in accordance with our Privacy Policy and all applicable legal requirements. Further details can be found in our Privacy Policy.

 

12. Final Provisions, Governing Law, Jurisdiction

Alternative Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR), available at:

https://ec.europa.eu/consumers/odr/

We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board.

 

Severability Clause

If any provision of these Terms and Conditions is or becomes invalid or unenforceable, the remaining provisions shall remain unaffected. The parties shall replace the invalid provision with one that most closely reflects the economic intent of the invalid provision.

 

Place of Performance and Jurisdiction

The place of performance for all obligations is the registered office of the service provider.

Unless mandatory jurisdiction applies, the competent court in Vienna, Austria shall have exclusive jurisdiction over all disputes arising from our business relationship.

All contractual relationships shall be governed exclusively by Austrian law, excluding its conflict-of-law rules.