General Terms and Conditions for the use of the neubau kompass platform by private customers ("Consumer Terms and Conditions")

You can download the Consumer Terms and Conditions 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 a consumer pursuant to section 13 BGB (hereinafter "user") in the context of using the neubau kompass database (hereinafter "database"). For entrepreneurs pursuant to Section 14 BGB who use the Platform, the neubau kompass B2B GTC shall apply exclusively.
  2. Services of neubau kompass
    1. neubau kompass uses the platform to bring together providers and buyers of new-build property via the internet. To this end, the user is given the opportunity to access content from providers of new-build property and to communicate with them.
    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 is authorised 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.
  3. Registration by the user
    1. The use of certain neubau kompass services requires the user to register on the neubau kompass platform. Registration is only permitted for users who are of legal age and have full legal capacity.
    2. When registering, the user must provide his/her e-mail address and a password.
    3. If the user changes the e-mail address used for registration, he/she must inform neubau kompass immediately.
    4. 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. Moderation of content
    1. neubau kompass 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.
    2. If a 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.
  5. Responsibility for content and communication with other users
    1. The user is responsible for communication with providers and 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 content or communication infringes the rights of third parties or violates legal regulations. The user shall also ensure that the content and communication transmitted by him/her does not contain any viruses or comparable 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 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 5, the standards set out in Section 4.1 apply accordingly.
  6. Rights of use
    1. By placing content in 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 the placement 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 advertising material from neubau kompass and its cooperation partners or in the context of so-called retargeting marketing, in which visitors are specifically targeted with advertising for new build properties. through or in the form of 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 for new-build properties and related services 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.
  7. Rights of 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 the exclusive property of neubau kompass; any rights of the user to the content posted by him/her shall remain unaffected by this.
    2. Within the scope of these GTC, the user shall have the right to visualise individual data records on his/her screen exclusively by 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.
  8. No warranty for user content
    1. neubau kompass assumes no liability for the accuracy and completeness of the information provided by users, the content posted, the declarations made or for the identity and integrity of the users.
    2. For neubau kompass, the content or offers posted in the database are third-party content. 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.
  9. Liability
    1. For damages caused to the:user:in in connection with the neubau kompass platform and services by neubau kompass, subcontractors or their respective vicarious agents, the following shall apply: 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. The above provisions also apply in favour of neubau kompass employees.
  10. Right of revocation

    If you as a consumer order a service for a fee, you have the following right of cancellation:
    You have the right to cancel this contract within fourteen days without giving any reason.
    The cancellation period is fourteen days from the day the contract is concluded. To exercise your right of cancellation, you must send us

    neubau kompass AG
    Perchtinger Straße 8
    81379 Munich
    Phone no.: +49 89 45206720
    [email protected]

    of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample cancellation form, but this is not mandatory.
    To meet the cancellation deadline, it is for you to send your notification of exercising your right of cancellation before the cancellation period expires.

    Consequences of cancellation
    If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
    If you have requested that the services should commence during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.

    End of the cancellation policy

  11. Data protection
    1. The personal data of the user collected, processed and used during registration, implementation and use of the neubau kompass platform and services is subject to our data protection information.
  12. Recommendations
    1. neubau kompass can show users personalised recommendations to provide them with a relevant and engaging user experience and help them search and find properties and related services. These recommendations can take into account data relating to user's interactions and preferences on the platform, including parameters such as price, distance, number of rooms and living space.
  13. 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.
  14. Amendment of the consumer GTC
    1. neubau kompass reserves the right to amend these Consumer GTC at any time, subject to a reasonable notice period of at least six weeks. The announcement shall be made by notification of the amended Consumer GTC on a durable medium (e.g. email), stating the date on which the amendments take effect.
    2. The changes communicated to the users shall become effective if the user agrees as follows: (i) in the case of material changes, neubau kompass shall request express consent to the change, (ii) in the case of non-material changes, the user's consent shall be deemed given if he/she has not expressly objected to the changes vis-à-vis neubau kompass before the date of effectiveness of the changes; neubau kompass shall inform the users about the right of objection, the deadline, the consequences of missing the deadline and the right of cancellation.
    3. Significant changes within the meaning of Section 14.2 are those that significantly change the previously agreed relationship between service and consideration to the detriment of the user or would be equivalent to the conclusion of a completely new contract. Changes due to a change in the legal situation, a legally binding court judgement or an interim injunction do not constitute material changes.
    4. If the user objects to the amended Consumer GTC within the specified period, neubau kompass shall be entitled to terminate the existing contract with the user on the date on which the amendments take effect, while safeguarding the user's legitimate interests. Corresponding content of the user will then be deleted from the database. The user may not assert any claims against neubau kompass as a result.
  15. 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. This choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the country in which the user has his or her habitual residence is not withdrawn.
    2. For users as consumers, the place of jurisdiction is the respective place of residence of the user and Munich as an additional place of jurisdiction.

Status of the Consumer GTC: 19/03/2025