General Terms and Conditions for the use of the neubau kompass platform by commercial customers ("B2B GTC")

You can download the B2B GTC at any time here.

  1. Scope of application
    1. These General Terms and Conditions (GTC) apply to all legal relationships that arise between the operator of the neubau kompass online portal (hereinafter "neubau kompass") and the user of the offers and services available on the neubau kompass online portal (hereinafter "platform") as an entrepreneur in accordance with Section 14 of the German Civil Code (hereinafter "user") in the context of using the neubau kompass database (hereinafter "database"). For private users pursuant to Section 13 BGB, the neubau kompass Consumer General Terms and Conditions apply exclusively.
    2. These GTC shall apply exclusively. Deviating, conflicting or supplementary terms and conditions of the user shall only become part of the contract if and to the extent that neubau kompass has expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if the user refers to his/her GTC in the context of a booking and neubau kompass does not expressly object to this.
  2. Services from neubau kompass
    1. neubau kompass uses the platform to bring together sellers and buyers of new-build property via the internet. To this end, users are given the opportunity to post their own content on the platform and/or retrieve content from third parties.
    2. The range of services also includes an information service available exclusively to registered users, which provides the user with current offers and information, in particular on property (newsletter).
    3. Various other services in connection with new-build properties may also be offered on the platform, which are also subject to these GTC, unless otherwise agreed separately.
    4. The user is aware that constant and uninterrupted availability of the platform as well as the database and its contents is not technically feasible. neubau kompass will use its best endeavours to ensure the availability of the platform and database, but necessary security or maintenance work or technical faults may result in the temporary unavailability of neubau kompass services.
    5. neubau kompass shall be entitled to further develop the design of the neubau kompass platform and services, including the functionalities and content, within the framework of the state of the art and market practice, taking into account the legitimate interests of the users. If such further development leads to an extension of the services of the respective booked product, neubau kompass shall be entitled to adjust the agreed prices in accordance with the added value created as a result. If the scope of such an adjustment exceeds a volume of more than five per cent of the previously agreed price per calendar year, the user shall be entitled to object as follows: neubau kompass shall the user of the further development, give the user the opportunity to object in writing to the adjustments based on this within a reasonable period of time from the date of notification, and point out separately that the adjustments will take effect if no objection is made. In the event of an effective objection, the price adjustment shall not be implemented.
  3. Registration by the user
    1. The use of certain neubau kompass services requires users to register on the neubau kompass platform. Registration is only permitted for users who are of legal age and have full legal capacity. Only registered users are able to place adverts in the neubau kompass database.
    2. When registering, the user must provide his/her e-mail address and a password.
    3. The e-mail address and password are the access data for using the neubau kompass services that require registration. The user must keep the password secret and may not disclose it to third parties. If third parties gain knowledge of the user's password, the user must report this to neubau kompass immediately and change the password.
    4. If the user changes the email address used for registration, he/she must neubau kompass of this immediately. If he/she fails to do so, declarations made to him/her shall be deemed to have been received if they were sent to the address last notified to neubau kompass.
  4. Conclusion of contract
    1. The presentation and advertising of services in the neubau kompass online offer does not constitute a binding offer to conclude a contract.
    2. neubau kompass shall send the user a corresponding offer before the order is placed. The contract shall only be concluded upon receipt of the user's declaration of acceptance.
    3. Section 312i (1) sentence 1 no. 1-3 and sentence 2 BGB shall not apply to contracts concluded between entrepreneurs in the context of electronic commerce.
  5. Information and obligations of users; moderation of content
    1. The user shall be obliged to provide neubau kompass with the data, project information and templates required for the provision of the service. He/she warrants that he/she is authorised to provide and use this data, project information and templates. neubau kompass is not obliged to check the accuracy of this data, project information and templates.
    2. Users who advertise properties on the neubau kompass platform or services (hereinafter referred to as "providers") undertake to post only serious property offers, to compile the information provided to neubau kompass about the offer carefully and truthfully and to deactivate it immediately if the property offered no longer available (e.g. marketed or reserved). In particular, properties, advertisements and content that violate the General Equal Treatment Act (AGG) or other statutory provisions, common decency (e.g. raffles, competitions) or the rights of third parties are deemed to be non-reputable property offers.
    3. Furthermore, there is an obligation to only offer property listings from its own marketing portfolio or for which a direct marketing contract (brokerage contract, agency contract or similar) exists. The resale of advertising space and allotments or other services from the neubau kompass offering is expressly prohibited. Account use or account sharing by third parties, in particular other estate agents or franchisees, is also expressly prohibited. neubau kompass has the right to demand proof of the marketing order for the respective property in the event of a suspected breach of the above-mentioned obligations. Furthermore, the provider undertakes not to pass on his/her property data in the form technically prepared by neubau kompass (exposé) to third parties (with the exception of interested parties).
    4. Offer designs that serve the sole purpose of attracting the attention of interested parties are considered abuse and are prohibited. Such offer designs are given in particular in the following cases:
      1. a. Incorrect and/or erroneous information in the property address;
      2. b. Multiple listings of the same object or republication of the same object within a short period of time after the cancellation of the listing;
      3. c. Offers are misused as advertising space for the provider or third parties (including images and offers that are not related to real estate);
      4. d. Referring interested parties to paid Internet or telephone services (in particular 0190 or 0900 numbers);
      5. e. Address data of properties or contact details will only be disclosed after (fee-based) registration with the provider or third parties.
    5. Suppliers recognise that neubau kompass has laid down certain principles in the Scout24 Group's Code of Conduct available on the website www.scout24.com) to ensure responsible conduct, and will respect and honour the values contained therein.
    6. Offers in connection with which a broker's commission is demanded in the event of the conclusion of a transaction must expressly mention this in the offer and state the amount of the broker's commission (gross including applicable statutory VAT) and the person(s) entitled to the broker's commission.
    7. Irrespective of possible consequences under civil and criminal law for the individual provider, non-compliance with one of the behavioural obligations specified in this section 5 shall entitle neubau kompass to immediately deactivate affected offers. If non-compliance is repeated despite being notified by neubau kompass, neubau kompass shall also be entitled to remove the affected data, delete the offer, terminate the contract with the respective provider without notice for good cause and/or immediately block access to the neubau kompass database system. The provider shall be informed of this, stating the reasons.
    8. The rights of the user arising from the contract with neubau kompass are not transferable.
    9. neubau kompass provides a form for reporting illegal content for the purpose of moderating content on the platform. Furthermore, neubau kompass uses a system for manually checking content on the platform. neubau kompass moderates content carefully, objectively and proportionately, taking into account the rights and legitimate interests of all parties involved as well as the fundamental rights of users enshrined in the EU Charter, such as the right to freedom of expression, freedom and pluralism of the media and other fundamental rights and freedoms.
    10. If the user reports a problem with the use of the neubau kompass platform or services that he/she wishes to be corrected by neubau kompass, the user is obliged to actively cooperate in rectifying the problem, in particular to provide the information necessary for the correction and to take any necessary action.
    11. The obligation of the user to pay the remuneration shall remain unaffected by the implementation of the measures specified in this section.
    12. The user shall remain obliged to pay the remuneration for the agreed term, even if, after conclusion of the contract, the necessary authorisation to exercise his or her trade - for whatever reason - ceases to exist or it turns out that no corresponding trade licence existed at the time of conclusion of the contract.
  6. Responsibility for content and communication with other users
    1. The user is responsible for the content (in particular images) posted by him/her and for communication with other users via the neubau kompass platform. In particular, he/she is responsible for ensuring that the content and communication are not unlawful and do not violate the rights of third parties (e.g. copyrights or trademark rights, personal rights, rights to one's own image) or offend common decency. neubau kompass is not obliged to check whether a posted content or communication infringes the rights of third parties or violates legal regulations. The user is obliged to correct or delete the content posted by him/her if it does not meet the requirements for the design of adverts in accordance with section 5. The user shall also that the content and communication transmitted by him/her does not contain viruses or similar harmful programmes.
    2. If claims are asserted against neubau kompass by third parties, including state institutions, within the framework of this contract due to the infringement of third-party rights and other legal violations due to the content or communication of the user, the user shall indemnify neubau kompass against these claims and provide neubau kompass with the necessary support in the legal defence, to which neubau kompass is entitled but not obliged, and assume the necessary costs of neubau kompass's legal defence. The prerequisite for this is that neubau kompass informs the user immediately in writing (e-mail is sufficient) of any claims asserted and any legal infringements, does not make any concessions or acknowledgements or equivalent declarations without consultation and enables the user to conduct all judicial and extrajudicial negotiations on the claims at his/her own expense. neubau kompass reserves the right to assert further claims.
    3. In the event of a breach of the provisions described in this section, neubau kompass shall be entitled at any time to reject the content and communication or to remove or deactivate it immediately and without prior consultation with the user. neubau kompass shall inform the user immediately in the event of rejection, deletion or deactivation, stating the reasons for this. Irrespective of possible consequences under civil and criminal law for the user, non-compliance with one of the behavioural obligations set out in this section shall entitle neubau kompass to terminate the contract with the user without notice for good cause and/or to immediately block access to the neubau kompass database system after prior warning - or, in the event of special circumstances, even without such warning, taking into account the interests of both parties.
    4. For the moderation of content in accordance with this Section 6, the standards set out in Section 5.9 apply accordingly.
    5. The obligation of the user to pay the remuneration shall remain unaffected by the implementation of the measures specified in this section.
  7. Rights of use
    1. By uploading content to the database, the user neubau kompass the right to use this content free of charge and for an unlimited period of time for the types of use required for the operation of the neubau kompass platform and services as well as for uploading and provision in the database and retrieval by third parties, in particular to store, reproduce, edit, modify, make available, transmit, transfer, licence, publish and make the content publicly accessible, in particular through or in the form of online advertising banners and other advertising material from neubau kompass and its cooperation partners or within the framework of so-called retargeting marketing, in which visitors to the neubau kompass platform are specifically targeted by neubau kompass and its cooperation partners. through or in the form of online advertising banners and other advertising material from neubau kompass and its cooperation partners or in the context of so-called retargeting marketing, in which visitors to the neubau kompass platform are targeted again with advertising on property, financing and relocation that they have previously viewed on the neubau kompass platform. Furthermore, neubau kompass is authorised to use the content entered in the database in compliance with data protection regulations for the purpose of analysing and further developing the platform as well as for product development and marketing to the aforementioned extent.
    2. neubau kompass is also entitled, but not obliged, to additionally distribute the posted content free of charge for the user via websites, mobile apps and software applications of cooperating property exchanges and other partners as well as via social media channels and print cooperations.
  8. Rights to the database
    1. neubau kompass is the owner of the rights to the content of the platform and the database. All copyrights, trademark rights and other industrial property rights to the database work, the database and the content, data and other elements posted here are exclusive property of ; any rights of the users to the content posted by them remain unaffected by this.
    2. Within the scope of these Terms of Use, the user has the right to visualise individual data records on his/her screen exclusively using the online search masks provided by neubau kompass and to produce a printout for permanent visualisation. Automated queries using scripts, bots, crawlers, etc., by bypassing the search mask, using search software or comparable measures (in particular data mining, data extraction) are not permitted.
    3. The user may not use the data obtained through queries, either in full, in part or in extracts, to create their own database in any media form and/or for commercial data utilisation or the provision of information and/or for any other commercial utilisation. The linking, integration or other connection of the database or individual elements of the database with other databases or meta-databases is not permitted.
  9. No warranty for user content
    1. neubau kompass accepts no liability for the accuracy and completeness of the information provided by users, the declarations made by users and the identity and integrity of users.
    2. For neubau kompass, the content or offers posted in the database are the content of third parties. The legal responsibility for this content therefore does not lie with neubau kompass, but with the person who has placed the content in the database.
  10. Liability
    1. The following applies to damages caused to the user in connection with the neubau kompass platform and services by neubau kompass, subcontractors or their respective vicarious agents: In the event of wilful intent or gross negligence and in the event of a guarantee, liability is unlimited. In the event of slight negligence, liability is also unlimited in the event of injury to life, limb or health. In the event of a slightly negligent breach of material contractual obligations, liability shall be limited to the foreseeable, typically occurring damage to property and financial loss resulting therefrom. Any further liability for damages is excluded except for claims under the Product Liability Act.
    2. neubau kompass shall only be liable for loss of data and costs of useless data entry within the scope of the above provisions to the extent that could not been avoided even if the user had backed up the data available to him/her in machine-readable form in the most recent processing status.
    3. Any contributory negligence on the part of the user shall be taken into account in all cases. In particular, the user is obliged to check the accuracy of the data entered by him/her and displayed by neubau kompass at least once by means of a search query.
    4. The above provisions also apply in favour of neubau kompass employees.
  11. Prices, due dates and withholding of services
    1. The prices and products for the individual neubau kompass services are based on the prices valid at the time the order is placed and the product offer. If the advertising quota is exceeded or additional bookings are triggered, e.g. an improved placement, the prices shall apply in accordance with the price list valid at the time the order is placed and the respective product offer. If the user utilises more services than contractually agreed in the respective order, neubau kompass shall be entitled to charge him/her for these services in accordance with the general price list valid at the time of performance, unless deviating prices are agreed in individual contracts.
    2. neubau kompass may adjust agreed prices to reasonable extent, but not more than ten per cent once a calendar year, with effect for the future, in line with the development of the costs incurred by neubau kompass on which the price calculation is based (total costs). The total costs consist in particular of costs for the provision, maintenance, operation and use of the platform and for the services associated with the service Services (e.g. IT infrastructure, advance service products, technical service), costs for customer administration (e.g. service hotline, billing systems), personnel and service costs, energy costs, overheads (e.g. administration, marketing, rents, interest), costs for the provision, maintenance, operation and use of the platform and for the services associated with the service (e.g. IT infrastructure, advance service products, technical service). administration, marketing, rents, interest) and levies imposed by the state (e.g. taxes, fees, contributions). neubau kompass shall be entitled to increase prices to cover the additional costs and, in the event of a reduction in total costs, shall offset these against total cost increases. neubau kompass shall inform the user of such a price increase due to cost increases in good time, at least in text form. In the event of a price increase pursuant to this Section 11.2 of more than ten per cent per calendar year, the user shall have the right to object as follows: neubau kompass shall inform the user of the adjustments, give the user the opportunity to object to the adjustments in writing within a reasonable period of time from the date of notification, and point out separately that the adjustments shall take effect in the absence of an objection. In the event of an effective objection, the price increase shall not be implemented.
    3. neubau kompass shall provide users with an individual price overview (including list price, any discounts and the total price) no later than ten days before the start of a new contract period. In the event of an automatic extension of the contract term, the future remuneration for the user's contractual products shall be determined according to the (list) price communicated. Only in such exceptional cases in which the total price previously applicable to the contract extension increases by more than fifteen per cent shall the user have the right to object to this in writing by the start of the contract extension.
    4. Payments are due immediately. In the event of late payment or deferral, statutory interest shall be charged. Furthermore, neubau kompass may charge a lump sum of €40 from the second payment reminder. The lump sum shall be offset against any damages owed, insofar as the damage is due to the costs of legal action.
    5. If the user fails to activate a project page / project advert within two months of submitting the data, project information and templates, neubau kompass reserves the right to charge a cancellation fee amounting to one month's fee (net), unless neubau kompass is responsible for the deadline being exceeded. The user shall be entitled to prove that no or less damage has been incurred.
    6. In the event of default in payment, neubau kompass reserves the right to withhold its own contractual performance until the default has ended. The user's obligation to pay the remuneration during the period of retention shall remain unaffected.
  12. Payment modalities
    1. The following payment options are available for the payment of chargeable products: Bank transfer and payment directly to neubau kompass after invoicing Invoices are sent by post, e-mail or available online.
    2. neubau kompass reserves the right to extend the range of payment methods authorised in accordance with this section (including for individual products or services) at any time.
  13. Termination of contract
    1. The conditions under which the user can terminate the contractual relationship with neubau kompass (in particular terms and conditions as well as the form and notice period of cancellations) set out in the contractual terms and conditions concluded between the user and neubau kompass for the respective product or service. In the event that no such contractual terms have been agreed between the parties, an indefinite term shall apply with a right of cancellation subject to a notice period of one (1) month to the end of a calendar month. Any cancellation must be made in writing (by letter or fax). The right to extraordinary cancellation in legal cases remains unaffected for both parties in any case.
  14. Ranking and sorting
    1. If the user initiates a property search on the platform by specifying certain parameters, a results list with the exposés that fulfil these parameters will be displayed. When sorting the results list, the listings are displayed in the results list depending on which product the providers of the displayed listings have booked. The provider therefore has the option of influencing the visibility of their exposés in the results list by (additionally) booking certain neubau kompass products. The user also has the option of sorting the displayed exposés by setting a sort criterion accordingly. The following criteria can currently be selected: Standard, Newest first, Lowest purchase price, Highest purchase price.
    2. In the case of a sorting selected by the user, the results are arranged exclusively according to this sorting criterion. neubau kompass is authorised to change the sorting criteria and the display of the results list at any time.
  15. Data protection, data access and deletion of offers
    1. Our data protection information applies to the personal data of users provided or generated in the course of the registration, implementation and use of the neubau kompass platform and services as well as their access to it in accordance with Art. 9 of Regulation (EU) 2019/1150.
    2. During the term of the contract, the user can view the data provided by the consumer in the context of an enquiry about a property of the user as well as his or her property, contact and company data in his or her customer area. If the user books products or services with neubau kompass after registration, he/she can continue to view his/her offers and the data generated in this context in his/her customer area even after the end of the contract. Regulations deviating from this, in particular deletions, are possible in accordance with sections 5 and 6 of these B2B GTC.
    3. If the offer or property is cancelled, all property-related data of the offer will be irrevocably deleted.
  16. Amendment to the B2B GTC
    1. neubau kompass reserves the right to amend these B2B GTC at any time subject to a reasonable notice period of at least fifteen days. The announcement shall be made by notification of the amended B2B GTC on a durable medium (e.g. e-mail), stating the date on which the amendments will take effect. Otherwise, the provisions of Art. 3 (2) and (4) of Regulation (EU) 2019/1150 shall apply.
    2. The user shall be entitled to terminate the contract in writing within the above-mentioned period with effect from the expiry of fifteen days after receipt of the notification pursuant to Section 16.1, unless a shorter period applies to the contract. If he/she fails to give notice of cancellation, the amended B2B GTC shall be deemed accepted. In the event of termination, the user shall remain obliged to pay for the services provided by neubau kompass under the respective contract up to the time the termination takes effect.
    3. The user may waive the period pursuant to clause 16.1 at any time after receipt of the notification. The posting of new goods and services on the neubau kompass platform prior to the expiry of the period pursuant to section 16.1 shall be deemed a clear confirmatory act of such a waiver, provided that the period does not exceed fifteen days.
  17. Final provisions
    1. The legal relationship between neubau kompass and the user shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
    2. The exclusive place of jurisdiction and place of fulfilment is Berlin if the user is a merchant or a legal entity under public law or a special fund under public law. The same applies if the user does not have a general place of jurisdiction in Germany or the EU or if their place of residence or habitual abode is unknown at the time the action is filed.

Status of the B2B GTC: 19/03/2025