ONLINE BOOKING TERMS AND CONDITIONS

Danube Properties Development L.L.C – Terms & Conditions for Online Booking

By proceeding with this online booking, you (“Purchaser”) acknowledge that you have read, understood, and agree to be bound by the following terms and conditions.

1. Online Application Submission

Prospective buyers intending to reserve a property via the online booking platform must submit accurate and complete personal details and documents as required by the online booking form (“Online Application”). The responsibility for accuracy lies solely with the Purchaser. Danube Properties Development L.L.C (“Developer”) reserves the right to request additional information at its sole discretion. The Developer shall not be liable for any errors in the information provided by the Purchaser.

2. Reservation Deposit

Upon selecting a property (“Property”) through the Online Application, the Purchaser must pay a non-refundable deposit of AED 30000/- via online payment to initiate the reservation (“Reservation”). This amount secures the Property for a period of five (5) calendar days (“Reservation Period”) from the date of successful payment.

3. Offer to Purchase & Initial Payment

Within the Reservation Period, the Purchaser must sign the Offer to Purchase and pay the First Instalment of the property price as per instructions from the Developer. At the Developer’s discretion, the deposit may be adjusted against the First Instalment or applied to future instalments. Failure to comply within the Reservation Period will result in automatic termination of the Reservation and forfeiture of the deposit without the need for a prior notice, court judgment, arbitral award, or any other form of legal recourse

4. Developer Discretion to Terminate

The Developer reserves the unilateral right to cancel the Reservation and/or Offer to Purchase at any point during the Reservation Period or up to 120 days after the Offer to Purchase is signed, without being obligated to provide any justification, prior notice, or court judgment, arbitral award , or any other form of legal proceedings. In such an event, any paid amounts will be refunded without interest or any additional form of compensation.

5. Non-Refundable & Non-Transferable Terms

Unless terminated by the Developer under Clause 4, the deposit and any payments made are non-refundable. Reservations and Offers to Purchase are non-transferable and cannot be assigned to third parties. Real estate agents or brokers are prohibited from booking on behalf of clients and all bookings must be made directly by the prospective Purchaser.

6. Additional Fees

The Purchaser agrees to bear all Land Department fees, including pre-registration and final registration charges, unless otherwise agreed in writing. These fees are subject to change, and any additional costs must be borne solely by the Purchaser.

7. Signing of SPA

The Sales and Purchase Agreement (SPA) must be signed by the Purchaser within five (5) working days upon Developer’s request. Failure by the Purchaser to sign the SPA within the stipulated timeframe will lead to automatic cancellation of the Offer to Purchase and forfeiture of all paid amounts without the need for a prior notice, court judgment, arbitral award, or any other form of legal proceedings. The Purchaser acknowledges that the SPA may contain provisions relating to resale restrictions prior to Property handover.

8. Default by Purchaser

If the Purchaser fails to complete the purchase for any reason, including failure to fulfil the payment obligations, as outlined in the Offer to Purchase and/or SPA, the Developer shall have the right to immediately terminate the transaction and forfeit all paid amounts, without the need for a prior notice, court judgment, arbitral award, or any other form of legal proceedings and without prejudice to the Developer’s right to claim further compensation.

9. Additional Terms

All transactions are subject to the terms outlined in the Offer to Purchase, SPA, and any documents issued by the Vendor. In the event of any conflict, the terms of the SPA shall prevail.

10. No Obligation Until SPA Execution

The listing of a property online or submission of the Online Application shall not be construed as creating a binding sale agreement between the Purchaser and the Developer. A legally binding agreement shall only come into existence upon the execution of the SPA by the Purchaser and the Developer.

11. Indicative Property Size

Property sizes displayed online are approximate and may be subject to change. The Developer reserves the right to make changes to the actual size of the Property. Any discrepancies in size shall not entitle the Purchaser to terminate the agreement or claim compensation.

12. Legal Compliance

The Purchaser is responsible for complying with all relevant laws and obtaining any required permits or approvals.

13. Legitimate Source of Funds

The Purchaser warrants that all payments originate from legal sources and are not proceeds of any unlawful activity. The Developer reserves the right to request supporting documents to verify the source of funds.

14. Acknowledgment & Liability Waiver

By proceeding with this online booking, the Purchaser acknowledges and affirms that they have fully read, understood, and unconditionally accepted all terms and conditions outlined in this online booking form. The Developer and its affiliates shall not be held liable for any losses or claims related to the online booking process, the reservation of property, or the subsequent purchase.

15. Data Use & Protection

The Purchaser consents to the collection and use of personal information by the Developer and its affiliated entities for legitimate purposes. While security measures are employed, the Developer accepts no liability for potential data breaches.

16. Right to Modify

The Developer reserves the right to amend these Terms & Conditions or suspend the online booking service without prior notice or liability. It is the Purchaser’s responsibility to review the Terms & Conditions prior to each booking.

17. Governing Law

These terms are governed by the laws of the Emirate of Dubai and the United Arab Emirates federal laws. Jurisdiction is exclusively with the Dubai Courts (excluding DIFC).

18. No Cooling-Off Period

To the fullest extent permitted under applicable UAE laws, the Purchaser irrevocably waives any statutory or contractual cooling-off or grace period. Once the Reservation is submitted and the deposit is paid, no cancellation by the Purchaser shall be permitted for any reason.

19. No Representation or Warranty

The Developer does not provide any representation or warranty, express or implied, as to the value, appreciation, or investment potential of the Property. The Purchaser confirms that they are relying solely on their own inspection, due diligence, and independent advice.

20. Developer’s Right to Reject Without Cause

The Developer reserves the absolute right to reject any Online Application or terminate a Reservation at any stage, with or without cause or notice, and without incurring any liability. The Developer is under no obligation to provide justification for such rejection or cancellation.

21. Expiry of Reservation

If the Purchaser fails to complete the requirements set out in this online booking form, including but not limited to executing the SPA or making timely payments, the Reservation shall lapse automatically without the need for prior notice, court judgment, arbitral award, or any other form of legal proceedings. All paid amounts shall be forfeited and retained by the Developer without liability.

22. Administrative and Processing Fees

The Vendor reserves the right to levy additional administrative or processing fees for any special requests made by the Purchaser, including reissuance of documents, payment plan alterations, or changes in Purchaser information. These fees shall be determined at the Vendor’s sole discretion and are non-refundable.

23. Right to Assign

The Developer shall be entitled to assign or transfer all or any of its rights or obligations under this online booking form to any affiliated or third-party entity without requiring the prior consent of the Purchaser.

24. Time is of the Essence

Time is of the essence in respect of all obligations of the Purchaser. Any failure or delay in meeting payment or documentation deadlines shall constitute a material breach, entitling the Developer to cancel the Reservation without notice or legal proceedings.

25. Use of Purchaser Data for Marketing

The Purchaser consents to the Developer’s use of transaction data (excluding personal identifiers) for marketing, advertising, and analytical purposes, provided such use complies with applicable data protection laws in the UAE.

26. No Set-Off or Withholding

The Purchaser shall not be entitled to withhold, delay, or set off any payments due to the Developer under any circumstances, including in the event of a dispute.

27. Governing Language

This online booking form may be translated into Arabic or other languages. However, in the event of any conflict or discrepancy, the English version shall prevail and be legally binding.

28. Limitation of Liability

The Developer’s total liability to the Purchaser, whether in contract, tort, or otherwise, shall be limited to the amounts actually paid by the Purchaser under this online booking form. The Developer shall not be liable for any indirect, consequential, or incidental damages.

29. Force Majeure

The Developer shall not be held liable for any delay or failure in performance under this online booking form resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, acts of government, changes in laws, labour disputes, or material shortages.

30. Tax and Fee Responsibility

All taxes, levies, fees, or charges imposed by government or regulatory bodies in connection with the Reservation, the SPA, or the Property purchase (including VAT, if applicable), shall be borne solely by the Purchaser.

31. Compliance with Anti-Money Laundering Laws

The Purchaser acknowledges that the Developer is obligated to comply with UAE anti-money laundering and counter-terrorism financing laws and regulations. The Purchaser shall promptly provide all information and documentation required by the Developer to comply with such obligations. Failure to do so shall entitle the Developer to terminate the Reservation without notice or liability.

32. Communication & Notices

All communications from the Developer may be sent electronically to the email address or phone number provided by the Purchaser. Notices shall be deemed received upon sending. It is the Purchaser’s responsibility to ensure their contact details remain accurate and up-to-date.

33. Severability

If any provision of this online booking form is held to be invalid or unenforceable under applicable law, such provision shall be severed, and the remainder of the online booking form shall remain valid and enforceable to the fullest extent permitted by law.

34. Entire Agreement

This online booking form constitutes the entire understanding between the parties in respect of the online booking and supersedes all prior agreements, communications, or representations, whether written or oral, relating to the subject matter.

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