The general conditions of MIRELA-LTD for implement of intermediary services in real estate transaction

I. SUBJECT

1. With the present general conditions of MIRELA-LTD for implement of intermediary services in real estate transaction (alias below as "General conditions") are determined the mutual relations between MIRELA-LTD as professional intermediary for real estate transaction/ the company alias below shortly as MIRELA/ and users of services / alias clients / for implement of intermediary services in real estate transactions on the territory of Republic of Bulgaria which arise from the implementation of this activity and with the implementation of those services.
2. The address for correspondence of MIRELA is: 1404 Sofia city, 81C Bulgaria Blvd, e-mail: [email protected]
3. The present General Conditions / the whole or a part of them/ are executed always and in any case when between MIRELA and physical or juridical person / alias user of the service or client/ is accomplished contact as to submit information connected with searching or offering of real estates or negotiation of the conditions for signing of the Assignation order / contract/ for mediation for implementation of real estate transactions or in any case when there is a concluded Assignation order / contract / for mediation.

II. THE MEANING OF THE USED SPECIFIC TERMS

4. The meaning of the used and listed below terms and definitions in the present General conditions, Assignation orders for mediation concluded with clients of MIRELA and other documents used from MIRELA for implement of intermediary services in real estate transactions is as follows:
4.1 Client of MIRELA / alias in the General conditions as user of the service or client / is a physical or juridical person who receives information from MIRELA in connection with the searching and offering of real estates on the occasion of MIRELA’s implement of intermediary services in real estate transaction on the territory of Republic of Bulgaria and / or is bound by contract with MIRELA
4.2 Under Assignation order for mediation is comprehended the contract with which the clients assign to MIRELA and MIRELA accept to intermediate in the implement of real estate transaction against payment of remuneration. The terms Assignation order for mediation or Contract for mediation, Contract-order, Contract – order for mediation, Order, Contract used in the General Conditions or in the Assignation orders for mediation or when holding a conversations, negotiations and correspondence between MIRELA and the users on the occasion of signing of Assignation order for mediation and/or on the occasion of the use of right and /or the implantation of the obligations of a concluded Assignation order for mediation no matter if they are used in full of short term, in the singular or plural, have the meaning of Assignation order for mediation listed above.
4.3 Under "Transaction" is comprehended with the mediation of MIRELA to be concluded a preliminary and/or final contract for sale-purchase of real estate (provided property in the sense listed below), or a lease contract for real estate (provided property) between two parties -one of which or both parties is /are client/s of MIREL. For the contract concluded must have a received payment of part or the full amount of the sale price or the lease price of the property."
4.4 Under Property sale price is comprehended the sum specified in the preliminary purchase-sale contract, and if no such contract, the amount specified in the final purchase-sale contract.
4.5 Under Property lease price is comprehended the amount determining the monthly lease of the property, under the Lease contract.
4.6 Under Commission remuneration / or remuneration for mediation/ is comprehended the agreed in the conditions of the Assignation order for mediation remuneration of MIRELA for implement of the given intermediary services.
4.7 Provided client / buyer, lessee/ is a physical or juridical person indicated in the Record of property viewing or related to him person in the sense of the present General conditions who has attended the viewings of the property which was organized by MIRELA and / or received information by MIRELA in accordance with the conditions in Section IX of the present General conditions. The provided clients might not have concluded Assignation order for mediation with MIRELA as well as to be a client of another intermediary which MIRELA has business relations with. In this sense the Provided client could not be register in the database of MIRELA / to be represented by MIRELA/.
4.8 Provided property is a property registered in a Record of property viewings organized by MIRELA and/or a property for which the user receive information from MIRELA in accordance with the conditions in Section IX from the General conditions. It is not obligatory the owner / or the owners/ of the provided property to has/have concluded Assignation order for mediation with MIRELA. The owner of the provided property could be a client of another mediatory which MIRELA has business relations with. In this sense the provided property is not obligatory to be registered in the database of MIRELA / to be offered by MIRELA/.
4.9 A Record of property viewing / in the singular or plural/ is an official document which verifies the date and hour of the accomplished viewings of a property. This document contents the main individual characteristics of the property, personal data of the clients of MIRELA and the persons who have attended the viewings.
4.10 A Viewing or a Viewing of property is a meeting on the territory of the Provided property which was organized by MIRELA upon requirement of the Provided client. The information for the provided property was received in advance by the client in accordance with the conditions of Section IX of the present General conditions. This meeting is accomplished with the purpose of coming to know on the place of the property with the characteristics and the condition of the property on the occasion of the client’s intentions for implementation of transaction with the provided property.
4.11 An Advice of Delivery has the meaning of one which is sent by post station, an express service, Notary public office or from web or mail / post or internet/ server of MIRELA, written notice to MIRELA which verifies the date and hour of the receiving of documents or/and submitting information in accordance with the envisaged order of the present General conditions.
4.12 For Usual remuneration of MIRELA in the meaning of Section VII from the General conditions is taken 3 % from the sale price / but not less than EUR 600/ upon sale-purchase transactions; as well as 50 % from the monthly rent price/ but not less than EUR 100 / upon lease deals. The indicated amount of the usual remuneration does not include VAT.
4.13 For Usual expenses upon the implementation of the Assignation order for mediation are accepted 30 % from the amount of the remuneration in the Assignation order or from the usual remuneration. If remuneration is not agreed by a certain amount, it shall be calculated as a percentage of the price of the searching of offering property, according to the order.
4.14 By Promise of transaction in section VIII is understood expressed written intent from MIRELA’s client for deal with certain price and terms.
4.15. Agreed remuneration is specified in the Assignation order lump sum or a percentage of the actual agreed sale or rental price of the property. When searching for a penalty for failure to exclusivity clause, termination of the order or transaction carried out without the knowledge of MIRELA the agreed remuneration as percentage, is determined on the price according to the order.

III. CONCLUSION OF ASSIGNATION ORDERS FOR MEDIATION

5. Upon the implementation of its activity as a professional intermediary of real estate transactions MIRELA concludes Assignation orders for mediation with its clients for sale, purchase, letting and lease of real estate or management of ownership upon letting on the territory of Republic of Bulgaria. In the Assignation order for mediation MIRELA is indicated as a party AGENT, and the client as a party- CLIENT.
6. The Assignation orders for mediation are prepared in Bulgarian or in Bulgarian and English or in Bulgarian and Russian.
7. In case that the Assignation order for mediation is prepared in Bulgarian and English or in Bulgarian and Russian and there is difference in the text or in case of controversy of the texts, the Bulgarian text shall govern and apply. This rule shall apply also to all annexes, agreements, protocol and other documents related with the Assignation order for mediation.
8. In case any of the clauses in the Assignation order for mediations and / or the present General conditions be declared for insignificant or inapplicable, this cannot have any reference to the other clauses in the Assignation order for mediation and/or the present General conditions and the same shall be applied at the most close way in accordance with the firstly set conditions, rights, responsibilities and obligations.
9. The CLIENT who has concluded the Assignation order for mediation for the sale of real property declares that he/she is the owner of the property and acts with the consent the other owners/ or if he/she is not the owner has a valid representative power for the conclusion of this contract and his/her power of attorney is not insignificant or it has not been withdrawn/, that all other owners have given their consent for the sale of the property, that the property has all necessary for the sale documents for ownership as well as that the property has no encumbrances/ mortgage, interdicts, statements of claim, established real rights and etc./ except the specifically listed ones in the contract and that there are no objective causes which are obstacles for the sale of the property.
9a. Assignation order for mediation may be concluded with a client who is not owner of the property or doesn’t have power of attorney by the owner, if the client identify (indicate) the owner, the client personally declares in front of MIRELA – LTD the owners’ agreement to implement the transaction as well as the correctness of all the given information about the conclusion of the Assignation and also takes personal responsibility to provide all the documents required for the transaction and the owner’s presence (or his/her representative with power of attorney) during the negotiations and signing of the documents. In all those cases the non-owner client assume personal liability to pay the remuneration and/or possible compensation, interest and/or default.
9b Having in mind the possibility for negotiating during negotiations, deal with property can be made for the price and conditions other than those originally stated in the Assignation order. This fact can not be grounds for challenging the owing, amount and case of the remunition under the contract.
10. Section 10 with the following meaning is revoked from 23.05.2014. ( These amendments come into force on 26.05.2014. )
11. In the cases when the clients from a concluded Assignation order for mediation are more than one, their obligations from the contract / including the payment of the remuneration, compensation, interest and default/ are jointly.
12. MIRELA may conclude with its clients Assignation orders for mediation/ as well as the related with them agreements, annexes and other documents in order to fulfil the implementation of the intermediary service/ from a distance by using electronic mail, express services or parcel or fax. In this case the date for the conclusion of the contract / document/ shall be the date of the receiving by MIRELA of a signed by the client original copy of the document or of a signed copy of it, in cases that the procedure for concluding contracts from distance, via e-mail or fax, is being used. In those cases the parties are obligated to give to one another the original of the documents not later than 7 days after its concluding except if the situation puts any problems and a shorter term is possible or there is another term, negotiated in the contract.
13. MIRELA may refuse to conclude an assignation order for mediation or to terminate its work over it in the following event:
13.1. if the requirements and/or the conditions set by the Agent contradict the agreements reached under the Assignation order and these "General Conditions";
13.2. if the requirements and/ or conditions set by the Client are not consistent with the market conditions;
13.3. if the Client acts unfairly or with a disrespectful attitude to MIRELA or to the employee /s of MIRELA.

IV. GRANTING OF EXCLUSIVE AGENCY MEDIATION

14. Upon agreed exclusive agency mediation for the sale of real property, the client accept the main obligation not to offer the property for sale, not to sale the property on his own, through third party of through another intermediary as well as not to make viewings in the property without the presence of MIRELA’s representative. In this sense the property could be sold only with the mediation of MIRELA and if the property is sold with preliminary or final contract in the term of the concluded Assignation order for mediation – because of the character of the exclusive right, shall be considered that the property is sold with the mediation of MIRELA with all following from that right obligations, responsibilities and results from this presume.
15. Upon concluded exclusive agency mediation for letting of real estate property, the client takes the main obligation not to offer and/or let the property alone, through third party and through another intermediary as well as not to make viewings in the property without the presence of MIRELA’s representative. In this sense the property could be let only with the mediation of MIRELA and if the property is let in the term of the concluded Assignation order for mediation – because of the character of the exclusive rights shall be considered that the property is let with the mediation of MIRELA with all following from that right obligations, responsibilities and results from this presume.
16. In case under the conditions of concluded Assignation order are negotiated exclusive agency mediation for purchase of real estate, the Client assumes the primary obligation not to search property to purchase (alone, by a third party or through another intermediary), and not to implement property viewings for purchase without the presence of a representative of the agency. In this sense, the Client may purchase property only through MIRELA, and if within the terms and conditions of the concluded Assignation Order for mediation, purchases a property with a preliminary or final contract, because of the nature of exclusive rights is considered that the property is purchased through MIRELA mediation, with all the rights, duties, responsibilities and resultant of this assumption.
17. In case under the conditions of concluded Assignation order are negotiated exclusive agency mediation for lease of real estate, the Client assumes the primary obligation not to search property to lease (alone, by a third party or through another intermediary), and not to implement property viewings for purchase without the presence of a representative of the agency. In this sense, the Client may purchase property only through MIRELA, and if within the terms and conditions of the concluded Assignation Order for mediation, leases a property with a Lease contract , because of the nature of exclusive rights is considered that the property is leased through MIRELA mediation, with all the rights, duties, responsibilities and resultant of this assumption

V. ACCOMPLISHMENT OF PROPERTY VIEWING

18. MIRELA organizes and makes viewings of properties with clients only upon concluded Assignation order/s for mediation. Exceptions are agreed expressly.
19. Before the accomplishment of the viewings MIRELA sends to the clients a notification for the arranged viewings which contains information about the date and hour of the viewing and states the property by a number of the data-base.
20. In order to accomplish the organized from MIRELA viewings of property a record/s of property viewing/s is/are composed.
21. The record is inseparable part from the Assignation order for mediation and document the following real relations and circumstances which are vital importance for the implementation of the subject of the Assignation order for mediation:
21.1 With signing the Record of property viewing, MIRELA’s client from the Assignation order for purchase or lease of real estate, confirms that the property/properties – subject of the viewing is/are provided by MIRELA and has/have the meaning of Provided property/properties in the meaning of the Assignation order for mediation and the present General conditions, while the client has the status of Provided client for this/those property/properties.
21.2 By signing the Record of property viewing, MIRELA’s client from the Assignation order for sale or letting of real property confirms that the potential buyer/s or lessee/s brought to the viewing of his/her property is/are provided by MIRELA as Provided client/s with the intermediary of MIRELA.
22. The Record of property viewings is made in one copy. MIRELA’s clients have the right to receive a certified transcript of it and/or abstract from it upon hand in written application.
23. In the cases when the client from the Assignation order for mediation for sale or letting of real property does not attend the viewing in person and he has not sent his authorized representative, the Record of property viewings is concluded by the representative of the AGENT which attends the viewings and the provided client. This shall be considered enough to document and proof of the viewing with the provided client/s in the meaning of the above-described.
24. In the cases when the CLIENT from the concluded Assignation order for mediation for purchase or lease of real property does not attend in person the viewing and has sent his representative, this fact shall be indicated in the Record of property viewing and the same shall be signed by the representative of the CLIENT and the representative / agent / of MIRELA and this shall be considered enough to document and prove for the viewing of the Provided property / properties in the meaning of the above-described if at the moment he learns about the viewing, the CLIENT does not dispute or withdraw the representative power of the representative person. If after a dispute, the CLIENT concludes a deal with the property, the objection losses its legal value.
25. When filling in the Record of property viewings there is an option the designation and /or the address of the property/ which is the subject of the record of property viewings/ to be described differently from the designation and the address indicated in the documents for ownership because of the examples indicated below or similar of those circumstances:
25.1 The present administrative address of the property has been changed while in the documents for ownership is indicated the old address.
25.2 According to the documents the property has different status from its factual one and the employee of MIRELA was not aware of or/and could not know about this at the moment when the viewing has taken place.
25.3 The property is described upon its visual characteristics and features during the time and until the moment of the viewing because the valid documents for ownership has not been presented or/and the absents of such documents upon the signing of the Assignation order for mediation or upon the implementation of the viewing.
25.4 MIRELA’s employee was misled about the essential characteristics of the property which are necessary for the accurate individualization.
26. Differences in the description of the property in the documents for ownership and the description of the Record of property viewings because of the reasons listed above or because of the similar to them reasons, cannot be a reason for disputing the documented by the Record facts and circumstances which prove the providing of the property and/or clients by MIRELA’s intermediary.
27. By analogy, the above conclusion should be referred to eventual inaccuracy between the description of the property in the Assignation order for mediation and the document for ownership because of the above-listed and similar to them reasons.

VI. CONCLUSION OF REAL ESTATES TRANSACTIONS

28. As intermediary for real estates transactions, MIRELA participate as a party intermediary - guarantor, upon the conclusion of preliminary contract for sale-purchase of the property or the lease contract for the property.
29. The preliminary contract or the lease contract are executed in the relevant identical copies – one of those is for the intermediary of the transaction.
30. As intermediary of the concluded contracts MIRELA guarantees that the will of the parties for the conclusion of the preliminary contract of real estate and/or lease contract of real estate is not vitiated at the moment of the conclusion and that the will outflows in the content of the concluded contracts correspond exactly to the factual relations between the parties.
31. MIRELA takes the responsibility as having its competence as an intermediary to cooperate with the parties as to find the mutually beneficial decisions in case of arising of disputes and to settle the contradictions but it cannot guarantee the implementation of the taken from the parties obligations from the concluded contracts and to be responsible for their non-execution.
32. In case of non-execution of the clauses from the concluded preliminary and/or Final contracts or lease contracts, the parties have the right to demand their rights on the general order of claim if the parties have not come to an agreement between them.
33. As intermediary, MIRELA can accept and keep sums which are deposit and/or down payments for transactions on the bases of Declaration for intensions, Deposit agreements, Preliminary contracts, Lease contracts and contracts for management and/or other documents in accordance with the conditions which are negotiated with the client in those documents.

VII. AGENCY'S REMUNERATION FOR MEDIATION

34. The client owes the remuneration in accordance with the conditions which are indicated in the concluded contract – Assignation order for mediation. The remuneration is due always when the Cliens makes deal with provided property or provide client whether Mirela fulfilled other ancillary obligations under the Assignation order - the latter only help the performance of the order and shall not be binding upon the completion of the transaction, as the end result.
35. The amount, term and way of payment of the remuneration for the implementation of the intermediary service is determined in accordance with the concluded contract for mediation.
36. The client – seller or lessor owes the indicated in the contract for mediation remuneration including in the following cases:
36.1. After termination of the contract for mediation, the client concludes a transaction with Provided client.
36.2. when the property is joint ownership regardless of the fact that the rest of the co-owners are not a party in the contract for mediation. In this meaning the client from the contract for mediation owes the entire agreed remuneration no matter of his quota from the ownership of the property.
36.3 Addition to section 39.3 with the following new text from 23.05.2014 ( 6. These amendments come into force on 26.05.2014. ) : "or a deal for another property, located in the same building with property, if the property owner is the same.", the content is the following: concludes personally or through a related person in the meaning of the present General conditions another type of transaction which has proprietary legal effect over the Provided property /exchange, grant, establish or sale of the right for construction or establish right for use, sale of sole trader or trade company in which the Provided property is an asset and others/ or a deal for another property, located in the same building with property, if the property owner is the same.
36.4 The following text is added to section 36.4 from 23.05.2014 ( These amendments come into force on 26.05.2014. ): "or deals with provided Client for another property, (or property owned by a related party), located in the same building with the property covered by the contract", as the content is the following: concludes with the Provided client or with related person in the meaning of the present General conditions other type of transaction which has real-law effect over the property /exchange, grant, establish or sale of the right for construction or establish right for use, sale of sole trader or trade company in which the Provided property is an asset and others/ or deals with provided Client for another property, (or property owned by a related party), located in the same building with the property covered by the contract.
37. If the CLIENT from the Assignation order for mediation for sale and/or purchase of a property concludes lease contract with the Provided client and the Provided property, he/she owes the usual remuneration to the AGENT for such intermediate transaction for lease. If after the conclusion of lease contract the CLIENT concludes transaction for sale-purchase with the same Provided client or Provided property, the paid remuneration for the lease transaction shall be deducted from the owed remuneration for the sale and/ or purchase transaction if the use of the property continues less than six months.
38. If the CLIENT from the Assignation order for mediation for letting or lease of a property concludes preliminary and/or Final contract for sale-purchase with the Provided client or the Provided property no matter if he has concluded before that lease contract for the same property or with the same client, he/she owes the usual remuneration to the AGENT for this type of intermediate transaction for sales-purchases and in case there is paid remuneration for the lease transaction shall be deducted by the owed sum if the use of the property has lengthened less than six months.
39. The CLIENT / buyer or lessee/ owes the indicated in the contract for mediation remuneration and in the cases when:
39.1. after termination of the contract for mediation concludes a transaction with the Provided property
39.2. concludes transaction with Provided property through related person in accordance with the meaning of § 1, paragraph 1 from the Trade law and through related person in the meaning of the present General conditions namely: third person who acts in the use of the client or a person with who the client is in close, friendly or collective relations or a person of who the client is a creditor or debtor or a person who attended viewings as a companion to the client or a person who required from MIRELA and received on behalf of the client information about the property on the occasion of the implementation of the intermediate transaction as the information was presented in the order envisaged in second IX from the General conditions.
39.3 concludes personally or through a related person in the meaning of the present General conditions another type of transaction which has proprietary legal effect over the Provided property /exchange, grant, establish or sale of the right for construction or establish right for use, sale of sole trader or trade company in which the Provided property is an asset and others/ or a deal for another property, located in the same building with property, if the property owner is the same.
40. By taking cognizance of the accepted relations between the parties, in accordance with Section IV from the present General conditions, in case of agreed exclusive right for implement of transaction with real estate, the Client owes the agreed remuneration if within the period of the concluded mediation contract, implements a transaction subject of this contract, without a necessity to prove whether the transaction is implemented with MIRELA’S transaction
41. THE CLIENT from the Assignation order for mediation dues additional remuneration upon agreement if he/she orders to the AGENT actions connected with repairs and maintenance of the property, obliteration of encumbrances of the property, providing documents and copies of documents, preparation of Notary deeds for related transactions, participation in negotiations for related transactions, negotiating with creditors, concluding contracts, solving disputes between co-owners, representation and other actions from similar character.
42. Always when the size of the owed remuneration cannot be specified or proven by written Assignation order for mediation, it is accepted that the contract for order is oral and the owe remuneration is considered to be the usual remuneration of MIRELA for this type of intermediate transactions.
43. Always when the date of payment of the owed remuneration cannot be determined or proven by written Assignation order for mediation, the date of payment is considered to be is as follows:
43.1. for transactions of purchase or sale of property – the date on which the preliminary contract for sale-purchase is concluded or – if there is no such contract – on the date of signing of the Final contract for sale-purchase of the property before its entry.
43.2 for lease contracts of properties – on the date of conclusion of lease contract.
44. MIRELA can negotiate with clients different from the usual remuneration as well as to negotiate different in size remunerations in accordance with the type of property, the marker situation, the factual and legal complexity of the transaction as well as to work without remuneration on certain transactions with a view to co-operative and marketing considerations when this is specifically indicated in the information of the offered properties or negotiated with the client.

VIII. RESPONSIBILITIES

45. If the client fails to fulfill promise for transaction or disclaims from the Assignation order for mediation, MIRELA has the right to search for the made usual expenses of the implementation of the order.
46. Section 46 with the following meaning is revoked from 23.05.2014. (These amendments come into force on 26.05.2014.)
47. Section 47 is changing from 23.05.2014 (These amendments come into force on 26.05.2014. ), as from the content is dropped the phrase "and/or penalty", and the word "interest" is replaced by a penalty. The text gets the following meaning: If the Client delays the payment of remuneration and/or forfeit under Assignation contract, he shall pay penalty on the principal with the amount of 0.5% for each day of delay, but not more than 10% of the remuneration.
48. (Amendmend January 9th, 2014, come into force on January 10th, 2014, last amendmends September 5th, 2014, come into force in September 8th, 2014)
If the CLIENT concludes transaction with the Provided client or Provided property and delays the payment of the remuneration from the Assignation contract for more than 30 days from the date of payment, or refuses to pay the agreed remuneration, or pays only a part of the remuneration, MIRELA has the right to require the payment of the whole agreed remuneration together with penalty with the size of 30% from the principal.

IX. SUBMITTING INFORMATION. PROTECTION OF PERSONAL DATA

49. On the occasion of the implementation of its activity, MIRELA collects, processes, analyzes and submits information connected with the search and offering of properties with the agenda of implementation of intermediate transactions with real estates.
50. Every information about offering a property is written down under unique number of offer in the database of MIRELA and contents the main individual data for the property- such as: type, address, name, telephone number, e-mail of the owner / or his representative/, description, offered price, pictures, materials – which data are referred to the number of the offer.
51. Every information for searching of the property is written down under unique number of the offer in the database of MIRELA and contents the main individual data of the client which has required his search: such as name, telephone number, e-mail, requirements and price which data are referred to the number of the offer.
52. The same information for search and offering of a property can be written down with number in the database of MIRELA only one time.
53. MIRELA has the right to collect, process and submit information / a part of which or the whole of it is information for the personal data in the sense of clause 2 from the Law for protection of the personal data/ in the capacity of registered administrator of personal data under № 47878 in the Electronic register to the Committee for protection of the personal data.
54. In connection with its activity as a professional intermediary for real estate transactions MIRELA collects and submits information to the clients which may content: unique number of the offer, exact location of the offered properties, pictures and video of the properties, information about the properties’ ownership, about the documents for ownership of the properties and other documents which are necessary for the implementation of the transaction, personal data of the clients such as three names, number, date of issue, place of issue of the personal ID card, personal ID number and permanent address.
55. Clients who have concluded Assignation orders for mediation agree that MIRELA can collect and submit information in the meaning of the written above.
56. MIRELA submit the above-described information to the client by conversation and/or hand writing, by parcel, by electronic mail / e-mail/ or letter as the information which has been submitted to the client in writing and/or physical carrier is submitted with Protocol for submitting information.
57. The Protocol for submitting information contents information for the owed remuneration from the client upon implementation of transaction with the provided property.
58. When the information is given by hand, it is considered to be received with signature on the Protocol for submitting information except in the Protocol or the order is not agreed something else.
59. When the information is submitted by an express service or electronic mail / on physical carrier or file/, the mail is always accompanied by Protocol for submitting information and the information is considered to be received on the date and hour which are indicated in the issued / sent/ advice of delivery for receiving of the Protocol.
60. The client who has received the information by electronic mail, sends automatically an advice of delivery towards the server of MIRELA and the date and hour of the receiving are considered the date and hour which are indicated from the mail or internet server of MIRELA.
61. The client has the right to refuse the information or to object to the conditions of the receiving as sending written notice to MIRELA. In case that this cannot be done at the moment of the receiving of the information, it is considered that the CLIENT accepts the submitted information and the conditions of the receiving.
62. In the cases when because of different reasons, there is no Protocol for submitting information, the submitting of the information to the client is certified and proven by the content of the written correspondence between the client and MIRELA which has been carrying on by electronic mail / e-mail/, letters or fax.
63. In the Record for submitting information and/ or the Record of property viewing and /or when carrying on correspondence with the client, for the indication of Provided property and/ or Provided client might be indicated only the number of the offer from the database of MIRELA and this shall be considered enough for the individualization of the property/ properties and/or client.

X. SETTLEMENT OF DISPUTES. ENFORCEABLE LAW

64. For the establishment and proving the relations client – intermediary and/or the status of Provided client, Provided property or relations Submitting information, can be used the Assignation orders for mediation, Records for property viewings, the concluded Preliminary contract, agreements, deposit receipt, the Protocols for submitting information as well as the written correspondence, the correspondence accomplished by electronic mail / e-mail/ between MIRELA and the client, the identification of the clients by their IP address, advices of delivery, refusals and notifications which are related with the submitting of information, extracts from MIRELA’s database and other documents which express the wills of the parties for the occasion of the provided services from MIRELA.
65. In case of disputes for the relative relation between the number of the offer and data for the property or between number of the offer and data for the client, the relation shall be proven by print- extract from MIRELA’s database.
66. In case of non-execution of the parties’ obligations from the concluded contracts and/or from the present General conditions it shall be certified by sending invitations and notices on the indicated electrical addresses, in case there are no such – on the indicated mail addresses in the contract.
67. Every disputes for the implementation of the Assignation orders for mediation and/or the General conditions including the disputes related with their interpretation, void, non-execution or termination as well as disputes related with the filling of the empty spots in the Contracts for mediation, the other related with the activity of MIRELA documents and/or the present General conditions or putting them in correspondence with the new arising circumstances, shall be settled by agreement between the parties or if the last is not possible, shall be taken to be resolved by the competent court.

XI. FINAL PROVISIONS

68. New form February 11th, 2013, Amendment September 5th, 2014, come into force September 9th, 2014.) In each event, when in the Assignation orders for mediation services and/or in the annexes to them, and or in the agreements and the notifications to this orders, is stipulated drawing of rights and implementation or redemption of liabilities, after the termination of the legal ties between the parties under the concluded assignation order, in case of non-fulfillment the parties refer to the fact that their legal ties has been terminated, and on that basis to challenge the dueness, the size and the maturity of the agreed remuneration and penalty. In such cases MIRELA may invoke a penalty clause in par. 48 of these GENERAL CONDITIONS, regardless of the termination of the Assignation order.
69. The present General conditions are approved by the Managing Director of MIRELA-LTD on 20.02.2012, with the amendments displayed in MIRELA’s offices and published in the official internet page of MIRELA on address www.mirela.bg
70. All corrections and/or additional clauses in the present General conditions will be announced in the order of previous item.