General Terms and Conditions

These General Terms and Conditions apply to all contractual relationships between proWEGio GmbH, hereinafter referred to as the “manager” or “we”, and its clients, in particular condominium owners' associations, individual owners within special property management and owners of rental properties.

The contracts cover in particular the appointment and activities of the manager under the German Condominium Act, rental property management, special property management and supplementary digital services such as the online customer portal, mobile apps, ticket and communication functions, digital document provision and AI-supported assistance systems.

Any deviating, conflicting or supplementary general terms of the client become part of the contract only if we have expressly accepted them in text form. Individual agreements, in particular management contracts, resolutions of the owners' association or supplementary agreements, take precedence over these Terms in case of doubt.

Our offers are non-binding unless expressly marked as binding. A contract is concluded only when the client accepts our management contract or offer in writing or text form, or when the manager is appointed by resolution of the condominium owners' association.

The start of management activities, handover and cooperation obligations, term, renewal and termination periods are governed by the individual management contract, the appointing resolution and statutory requirements.

Termination notices must be made in text form to be effective, unless mandatory statutory provisions require a stricter form.

The manager may use suitable service providers and vicarious agents, such as tradespeople, IT service providers or cloud providers, to perform services, provided this does not unreasonably impair the client's interests.

We do not provide legal or tax advice. Any legal or tax-related information is non-binding and does not replace advice from lawyers, notaries, tax advisors or other professionals.

Changes to master data, in particular address, contact details, changes of ownership or bank details, must be communicated without delay. The client ensures that resolutions or instructions are passed clearly and in good time and are provided to the manager.

The manager's remuneration is based on the agreed basic remuneration and any additional services or flat fees under the management contract or a separate agreement.

Necessary expenses and ancillary costs must also be reimbursed where they arise in the client's interest and are contractually or legally permissible. These may include postage, court costs, notary costs or special IT services.

If contractually agreed, remuneration may be adjusted under index or cost adjustment clauses. Unless otherwise agreed, payments are due within the agreed periods after invoicing without deduction. Statutory provisions apply in case of late payment.

Where the manager receives, manages or pays out funds in the name and for the account of the client, this is done in accordance with statutory requirements, contractual provisions and resolutions of the owners' association or the client.

Accounts are kept as trust accounts or property accounts where agreed. Payment flows are documented in statements and evaluations. The manager is not obliged to pre-finance payments from its own funds unless expressly agreed.

Where agreed, the manager provides owners, advisory board members, tenants and other authorized persons with an online customer portal and, where applicable, mobile apps. These may be used in particular to view documents, create tickets and damage reports, send messages and retrieve status information.

Access is granted via personal login credentials. Clients and authorized users must keep access data confidential and protect it from unauthorized third-party access. The manager must be informed without delay if misuse is suspected.

The manager aims to ensure high availability of digital services. Continuous availability at all times cannot be technically guaranteed. Maintenance, updates, security measures or disruptions may lead to temporary restrictions.

Where AI-supported assistants are used, they serve in particular to structure and pre-qualify requests. Legally binding declarations are made only by the natural persons responsible for doing so.

The manager is liable for intent and gross negligence in accordance with statutory provisions. In cases of simple negligence, the manager is liable only for injury to life, body or health and for damage resulting from breach of an essential contractual obligation. In that case, liability is limited to the typically foreseeable damage.

Any further liability for slight negligence is excluded. Mandatory liability under the German Product Liability Act and liability for assumed guarantees remain unaffected.

The manager maintains financial loss liability insurance in an appropriate amount. The manager is not liable for services or breaches of duty by external service providers that are based on separate contracts with the client.

The manager processes personal data only in accordance with applicable data protection law, in particular the GDPR and the German Federal Data Protection Act, and the contractual agreements.

Further information on data processing, purposes, legal bases, recipients and data subject rights is provided in the current Privacy Policy.

The manager and its employees treat confidential client information as strictly confidential. This does not apply where disclosure is required for proper contract performance, to protect legitimate interests or due to legal obligations.

The manager may amend these Terms for objectively justified reasons, such as changes in law, service adjustments, technical developments or case law, with effect for the future, provided this does not fundamentally shift the contractual balance between the parties.

We will inform the client of material changes in text form. If the client does not object within the stated period, usually six weeks after receipt of the change notice, the amended Terms are deemed approved. The change notice will specifically point this out.

Mandatory statutory changes that apply directly and individually agreed amendments in the management contract remain unaffected.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions remain unaffected.

To the extent permitted by law, the place of jurisdiction for all disputes arising from or in connection with the contractual relationship is the registered office of proWEGio GmbH.

If individual provisions of these Terms or the management contract are or become invalid or unenforceable in whole or in part, the validity of the remaining provisions remains unaffected.

In case of doubt, the German version of these Terms is authoritative. Translations are provided for understandability only.