Description of the process of concluding a Reservation Agreement (RA)
A reservation is a service used to ensure that another person does not arrange to purchase the property in question. For the reservation period, the Applicant can be certain that when they're arranging all the necessities in relation to the conclusion of the subsequent Contract Regarding a Future Contract (whose conclusion is connected with an obligation to pay an advance amounting to 15% of the purchase price of the apartment, therefore it's advisable to have financing for 100% of the purchase price definitely arranged before its conclusion), the property shall not be offered to other applicants.
Before the conclusion of the Reservation Agreement, the Future Seller shall provide applicants with the opportunity to make a preliminary verbal reservation. A verbal reservation can be made by telephone, e-mail, a contact form or in person. On the basis of the verbal reservation, the property is reserved for the Applicant for a period of three working days. During this period, the Future Seller shall not offer the property to anyone else, but the Applicant must conclude a Reservation Agreement during this period if the reservation is to continue.
If the deadline of 3 working days expires without the conclusion of a Reservation Agreement, then the property shall be offered to other applicants.
No fees are connected with a verbal reservation, and it can be cancelled at any time without incurring any sanction.
However, the Future Seller reserves the option to not realise a verbal reservation (for example in the event of misuse of the system, such a repeated reservation without the subsequent conclusion of a Reservation Agreement, reservation of multiple apartments within the scope of the project, a reservation containing evidently false information, a simultaneous reservation by multiple applicants etc.)
Reservation Agreement – personal conclusion
The process of concluding a Reservation Agreement was explained to you in detail by the seller in sales center.
Online conclusion of a Reservation Agreement
The entire process of concluding a Reservation Agreement remotely (E-Reservation, online property reservation) replaces a personal visit to the sales centre, and can be used to achieve the same result as if the Applicant visited the Trigema Smart Housing showroom. The entire process ends with the conclusion of a Reservation Agreement. Reading through an overview of the process, as well as the contractual conditions for the remote conclusion of the Agreement, should not take more than 30 minutes.
- When viewing properties on the website www.bydleni-branik.cz, the Applicant can always select a specific property, and choose the option of reserving it. If the Applicant opts for an E-Reservation, they shall be redirected to the subsequent process.
- The Applicant can add the property, and if applicable its accessories (e.g. garage parking space etc.), to the basket by clicking with the mouse on the “E-Reserve” button. This step can be repeated (multiple items can be selected), and the reserved items can be changed at will. Upon their addition to the basket, a 30 minute window starts during which the Applicant can complete the entire process. During this time the selected items are blocked, and cannot be reserved by another person.
- After completing the selection, pressing the “Go To Basket” button shall display all units which are to be reserved (the Applicant can display the content of the basket at any time by clicking on the link Booking cart.
- The Applicant shall then be redirected to this description of the e-reservation process and at the same time they shall be given the opportunity to familiarise themselves in detail with a sample Reservation Agreement (and if required have it verified by a legal advisor). Before the actual conclusion of the Reservation Agreement, the Applicant shall have to confirm that they have familiarised themselves with this document.
- As per legislative requirements, the Applicant shall tn be informed about consumer rights during the remote conclusion of a Reservation Agreement (E-Reservation). Before the actual conclusion of the Reservation Agreement, the Applicant shall have to confirm that they have familiarised themselves with this document.
- During the E-Reservation process, the Applicant shall be familiarised (if they were not familiarised earlier) with the course of the entire transaction process, of which the reservation is only a part. Before the actual conclusion of the Reservation Agreement, the Applicant shall have to confirm that they have familiarised themselves with this document.
- After familiarisation with the afore-mentioned documents, they shall be redirected using the “Next” button to a form for the entry of the personal data necessary to identify the Applicant within the scope of a contractual relationship (name, surname, permanent residence, correspondence address, date of birth, e-mail, telephone, ownership type). The Future Seller shall always handle personal data in accordance with the applicable legal regulations (GDPR).
- After the entry of the personal data, a sample Reservation Agreement, including all appendices, shall be generated for the Applicant.
- During the next step, the Applicant shall be invited to perform a final verification of the e-reserved items, and the entered identification details. Upon pressing the “Confirm Reservation” button, an individual Reservation Agreement shall be generated for the Applicant and they shall be redirected to a payment gateway, as the Reservation Agreement shall only come into effect upon the payment of the reservation fee. As soon as the reservation is confirmed, a confirmation of the conclusion of the Agreement shall be sent to the Applicant.
- The Applicant shall be invited, via an external service payment gateway (GoPay) to pay a reservation fee of 50,000 CZK (this sum includes the appropriate VAT at the rate applicable at the time of conclusion of the Reservation Agreement).
- After the successful payment of the reservation fee, an e-mail confirming that the process was successfully completed, and setting forth the seller's contact details, shall be sent to the Applicant. The automatically generated Reservation Agreement, together with the Future Seller's confirmation of the payment of the reservation fee, forms effective contractual documentation.
- From that moment, the property is reserved for the Applicant. The reservation period is 14 days from the delivery of the written invitation to conclude the Contract Regarding a Future Contract to the Applicant. The invitation to conclude the Contract Regarding a Future Contract shall be sent by the Future Seller to the Applicant at any time after the Reservation Agreement becomes effective and the building permit for the Project comes into legal force, no later than 30 days after the building permit for the Project comes into legal force (if the building permit for the Project was not yet legally effective at the time of the conclusion of the Reservation Agreement), or within 30 days from the Reservation Agreement becoming effective (if the building permit for the Project was already in legal force at the time of the signing of the Reservation Agreement). At this time, the Applicant should definitely arrange financing (the Future Seller explicitly points out that a failure to arrange financing does not constitute a reason for a refund of the reservation fee).
- The entire E-Reservation process shall be completed when the seller responds to the Applicant, which shall take place within a few days. By this communication, the seller shall verify the personal and contact details entered by the Applicant, and shall arrange with them the details of the subsequent process aimed at concluding a Contract Regarding a Future Purchase Contract (this subsequent step cannot be performed online).
- Given the fact that the Agreement is concluded remotely (E-Reservation), the Applicant can withdraw from the Reservation Agreement, without stating a reason, within fourteen (14) calendar days from Reservation Agreement becoming effective (i.e. at any time within fourteen (14) calendar days following the day on which the reservation fee is credited to the Future Seller's account. The form for withdrawing from a Reservation Agreement is available here and the Applicant shall send it or hand it in, properly completed (the withdrawal is effective only upon delivery), to the Future Seller's headquarters by the withdrawal deadline.
- A Reservation Agreement involves a contract for the provision of services whose fulfilment the Future Seller shall commence on the basis of the Applicant's explicit request before the withdrawal deadline (immediately after the Reservation Agreement comes into effect). Therefore, in the event of a withdrawal from the Reservation Agreement, the Applicant shall not be refunded the entire reservation fee, but only a part thereof, which shall be calculated according to the following formula: 50.000 – [fixed payment for the commencement of the reservation of 10,000 + (X x 1,000), where X is the number of days between the Reservation Agreement coming into effect and the delivery of the notice of withdrawal].