Contractual terms
Terms of service
These Terms of Service ("Terms") govern the relationship between EIRES Real Estate S.à r.l. and any natural or legal person ("the Client") requesting its services via eires.lu, by phone, email or in person. They are made available to the Client on eires.lu and handed over with the mandate. They apply to a service once the Client has been able to read them before committing, and at the latest when the mandate is signed.
Article 1 — Provider identification
EIRES Real Estate S.à r.l., a Luxembourg private limited liability company, registered office 44, Rue de Hunsdorf — L-7324 Mullendorf, RCS Luxembourg B237302, intra-EU VAT LU31482128, represented by its manager Michael Eires. Real estate agent activity carried out under establishment authorisation no. 10107455 / 1 issued by the Ministry of the Economy of the Grand Duchy of Luxembourg. Contact: contact@eires.lu — +352 28 13 83-1. Authority that issued the authorisation: Ministère de l'Économie (Ministry of the Economy), Direction générale PME, simplification administrative, artisanat et commerce, Service des autorisations d'établissement, P.O. Box 535, L-2937 Luxembourg.
Article 2 — Object and scope
These Terms define the conditions under which EIRES Real Estate provides real estate intermediation services: valuation, advisory, search, negotiation, preparation and follow-up of the signature of the preliminary sale agreement (compromis de vente), then support through to the notarial deed. They apply to any ancillary service (viewing, photo coverage, portal distribution, introduction to financial, legal or technical partners). Specific terms set out in a signed mandate prevail over these Terms in case of conflict.
Article 3 — Description of services
EIRES offers: (i) a free online valuation via the eires.lu form; (ii) an on-site valuation by an advisor, complimentary, whether or not a mandate is signed; (iii) a sale mandate, simple or exclusive, formalising the brokerage mission and the fees; (iv) a search mandate for buyers; (v) transactional support until the notarised signature. Digital services (property alerts, Property Matcher, VIP area) are described on eires.lu and may evolve.
Article 4 — Fees and payment terms
Brokerage fees are freely agreed between the parties and exclusively set out in the signed mandate. As a reference, the EIRES standard schedule, including 17% VAT, is 3.51% incl. VAT of the sale price (3% excl. VAT) for an exclusive mandate, 4.68% incl. VAT (4% excl. VAT) for a semi-exclusive mandate and 5.85% incl. VAT (5% excl. VAT) for a simple mandate; for lettings, one month's rent excluding charges plus VAT, i.e. 1.17 months' rent incl. VAT; for property management, 11.70% incl. VAT (10% excl. VAT) of the rent collected. For the letting of a dwelling used as a residence, fees are shared equally between the landlord and the tenant, in accordance with Article 5(1) of the amended law of 21 September 2006 on residential leases, and the rental deposit may not exceed two months' rent (same article, paragraph 2); for a commercial or professional lease, the split of the fees is set in the mandate. Unless the mandate expressly provides otherwise, fees are due: for a sale, only upon effective completion of the sale, at the signature of the notarial deed transferring ownership, and paid by bank transfer at the latest at that signature, generally through the notary's accounts; for a letting, at the signature of the lease; for property management, on each rent collected, from which they are deducted. Invoices are payable on receipt, or on the date set in the mandate. Failing payment: (i) a consumer Client owes interest at the statutory interest rate in force in Luxembourg (3.75% in 2026) from a formal notice, or automatically at the end of the third month following the service where the invoice says so (law of 18 April 2004, Articles 12 and 13); no other charge is claimed from the consumer; (ii) a professional Client owes, without any reminder, from the day after the due date (failing a due date, thirty days after receipt of the invoice), interest at the statutory rate for late payment in commercial transactions (the European Central Bank's reference rate plus eight percentage points) and a fixed compensation of €40 for recovery costs (law of 18 April 2004, Articles 1, 3 and 5).
Article 5 — Duration, renewal and end of the mandate
The sale or letting mandate is entered into for the term stated in the contract, generally three months. At the end of that term, it is tacitly renewed for periods of three months, unless either party gives written notice of non-renewal (registered letter or email with acknowledgement of receipt) at least 15 days before the end of the term; EIRES reminds the Client of the end of the term at least 30 days in advance. Any exclusivity may not, renewals included, exceed twelve months in total; beyond that, the mandate continues, unless terminated, as a simple mandate. The Client may end the mandate at any time in writing, without having to give reasons, with effect on receipt of the request. In that case, the Client is charged only, on supporting documents, the expenses expressly listed in the mandate and incurred before the mandate ended, up to the cap stated in it; no other compensation is due. If, during the exclusivity period, the property is sold or let through a third party, or by the Client to a person not introduced by EIRES, a consumer Client owes EIRES the compensation provided for in the mandate, which may not exceed half of the fees that would have been due; the court may reduce it (Article 1152 of the Civil Code). Fees due where a transaction is concluded with a person introduced by EIRES are governed by Article 7.
Article 6 — Consumer right of withdrawal
Where the mandate is concluded off-premises (e.g. at the Client's home) or at a distance (electronic signature), the consumer Client has, in accordance with articles L.222-9 et seq. of the Luxembourg Consumer Code, a 14 calendar days withdrawal period from signing, without justification or penalty. The Client may exercise the right by notifying the decision to contact@eires.lu or by registered mail to the registered office. The Client may use the model form below, or any other unequivocal statement. If the Client wishes EIRES to start its mission before the end of the period, the Client makes an express request on paper or on another durable medium, and acknowledges that the right of withdrawal will be lost once the mission has been fully performed. The mission is fully performed on signature of the notarial deed of sale or of the lease concluded thanks to EIRES. The Client may also withdraw online, throughout the period, at eires.lu/en/withdrawal (“Withdraw from the contract here”); EIRES immediately sends an acknowledgement of receipt by email, stating the content of the withdrawal and the date and time it was sent. As fees are due only upon completion of the sale or signature of the lease, nothing is owed if the Client withdraws before that completion. If this information on withdrawal has not been provided, the period is extended by twelve months (Article L.222-9 of the Consumer Code).
Model withdrawal form: "To EIRES Real Estate S.à r.l., 44, Rue de Hunsdorf, L-7324 Mullendorf, contact@eires.lu: I hereby give notice that I withdraw from my contract for the provision of the following service: [mandate or service], concluded on [date]. Name and address of the consumer. Signature (only if this form is notified on paper). Date."
Article 7 — Obligations of the parties
EIRES Real Estate undertakes to carry out its mission with diligence, loyalty and in accordance with the ethical rules of the Fédération Immobilière du Luxembourg (FIL), of which it is a member. It is bound by an obligation of means (best-efforts obligation) and regularly reports to the Client on progress (viewings, feedback, offers). The Client undertakes to provide accurate and complete information on the property or the request, to grant access to the property at agreed times and to report any significant change (current lease or occupant in place, litigation, easements). Non-circumvention: where EIRES has introduced to the Client, during the term of the mandate, a buyer, a tenant or a seller whose identity was communicated to the Client in writing (viewing slip, report or list handed over at the end of the mandate), and the Client concludes with that person, directly or through a third party, the sale or letting of the property concerned during the term of the mandate or within the 12 months following its end, the fees provided for in the mandate remain due to EIRES, which made the introduction possible. No additional amount is due.
Article 8 — Anti-money laundering (AML/CTF)
As an obliged entity within the meaning of the amended law of 12 November 2004 on the fight against money laundering and terrorist financing, EIRES Real Estate is required to apply due diligence measures for every sale, and for lettings with a monthly rent of €10,000 or more: identification of the principal and beneficial owner, verification of the source of funds, retention of records for 5 years after the end of the business relationship or after the date of an occasional transaction, a period that may be extended by up to 5 years in the cases set out in Article 3(6) of that law. These data are used solely to prevent money laundering and terrorist financing. The Client undertakes to cooperate by providing any required document (ID, proof of address, bank statement, extract from the register of beneficial owners, RBE). Failing this, EIRES reserves the right to refuse or interrupt the service, without indemnity.
Article 9 — Liability and insurance
EIRES Real Estate holds a professional indemnity and operating liability insurance policy with Foyer Assurances S.A. (policy no. 20519345), covering activity throughout the Grand Duchy of Luxembourg. EIRES's liability may only be engaged on the basis of proven fault in the performance of its brokerage mission, excluding any indirect or non-consecutive intangible damage (loss of opportunity, theoretical lost profit). EIRES does not guarantee the solvency of the buyer, nor hidden defects of the property, nor the evolution of the market or taxation after the deed. These limitations do not apply in the event of fraud or gross negligence by EIRES, nor to personal injury.
Article 10 — Personal data protection
The processing of personal data collected under these Terms is governed by EIRES Real Estate's Privacy policy, accessible from every page of the site. The Client benefits from the rights of access, rectification, erasure, restriction, portability and objection provided for in articles 15 to 22 GDPR, which can be exercised via /en/privacy/my-data or at contact@eires.lu.
Article 11 — Intellectual property
Visuals, photographs, descriptions, plans, videos, editorial content and documents produced by EIRES Real Estate as part of its services remain its exclusive intellectual property. The Client receives a non-exclusive right of use limited to the transaction covered by the mandate. Any reuse, distribution or transfer to a competing third party is prohibited without prior written authorisation.
Article 12 — Force majeure
Neither party may be held liable for a breach resulting from force majeure within the meaning of Luxembourg case law (external, unforeseeable and irresistible event). Including in particular: natural disasters, pandemics, blocking administrative decisions, major failures of telecommunications or energy infrastructure. Performance is suspended for the duration of the event; beyond 60 days, either party may terminate the mandate as of right, without indemnity.
Article 13 — Complaints and mediation
Any complaint must be addressed in writing to contact@eires.lu. EIRES will acknowledge receipt within 5 business days and provide a reasoned response within 30 days. Failing amicable resolution, the consumer Client may submit the matter free of charge to the National Consumer Mediation Service (Service national du Médiateur de la consommation, mediateurconsommation.public.lu). If the complaint is not resolved, EIRES confirms in writing the contact details of this service to the Client and states whether it agrees to take part. The Client may also refer a breach of its code of ethics to the Fédération Immobilière du Luxembourg (federation-immobiliere.lu/reclamations). For a cross-border dispute, the consumer Client can get free help from the European Consumer Centre Luxembourg (cecluxembourg.lu).
Article 14 — Applicable law and jurisdiction
These Terms are governed by Luxembourg law, without prejudice to the more protective mandatory provisions of the law of the consumer Client's country of habitual residence. For a professional Client, any dispute falls within the exclusive jurisdiction of the courts of the district of Luxembourg. A consumer Client may bring proceedings before the courts of Luxembourg or those of the place of the consumer's domicile; EIRES may bring proceedings against a consumer only before the courts of the State in which the consumer is domiciled (Regulation (EU) No 1215/2012, Articles 17 to 19).
Article 15 — Changes
EIRES Real Estate reserves the right to amend these Terms to reflect any legal, regulatory or operational change. The applicable version is the one in force at the date of signature of the mandate or provision of the service. The most recent version is published at eires.lu/en/terms with the update date.
Version history
- v2.5
Late-payment interest distinguished between consumer and professional, fixed €40 compensation for professionals only (Art. 4); sale or letting mandate revocable at any time in writing, exclusivity limited to twelve months including renewals, no more termination compensation, only the expenses listed in the mandate and capped remaining due, exclusivity compensation capped at half of the fees (Art. 5); definition of full performance and online withdrawal (Art. 6); non-circumvention limited to persons named in writing, with no additional amount (Art. 7); courts of the consumer's domicile for any action brought against the consumer (Art. 14).
- v2.4
Indicative fee schedule stated including VAT, equal split of residential letting fees between landlord and tenant, and cap on the rental deposit (Art. 4); conditions under which these Terms apply (preamble); model form and conditions of withdrawal (Art. 6); FIL membership and its code of ethics (Art. 7); scope of AML/CTF measures and retention periods (Art. 8); exception for fraud, gross negligence and personal injury (Art. 9); mediation, complaint to the FIL and European Consumer Centre, in place of the European platform closed in 2025 (Art. 13); consumer's courts preserved (Art. 14); authority that issued the authorisation (Art. 1).
- v2.3
When letting fees (signature of the lease) and property management fees (each rent collected) are due, late-payment interest at the statutory interest rate (Art. 4); usual term of three months, non-renewal and early termination of the mandate distinguished (Art. 5); obligation of means and non-circumvention clause clarified (Art. 7); drafting clarifications (Art. 2 and 8); correction of the summaries of versions 2.0 and 2.1 below.
- v2.2
On-site valuation complimentary, with or without a mandate (Art. 3); indicative fee schedule detailed by mandate type, for lettings and for property management (Art. 4).
- v2.1
Clarifications on AML/CTF obligations (Art. 8), reminder of GDPR rights, including the right to erasure, and of how to exercise them (Art. 10), updated contact address and alignment with the privacy policy.
- v2.0
Complete redrafting into 15 structured articles, addition of consumer right of withdrawal (Art. 6), mandate duration and termination (Art. 5), complaints and consumer mediation (Art. 13).
- v1.0
Initial publication of the Terms of Service.