Legal notices

General

In addition to the preparation and provision of legally required documents, Commerz Real Fund Management S.à r.l. (hereinafter referred to as CRFM) publishes documents for the alternative investment funds (AIFs) it manages, i.e. investment funds that are not undertakings for collective investment in transferable securities (UCITS), which are intended solely for distribution and marketing purposes. These documents are neither contractually binding nor sufficient to make an informed investment decision.

The sole binding basis for the purchase of units in the AIFs managed by CRFM are the respective “sales documents”. For ELTIFs (European Long-Term Investment Funds), these consist of the applicable Information Memorandum and the Key Information Document.
The sales documents of klimaVest and the current issue and redemption price are available free of charge in German from Commerz Real Fund Management S.à r.l., 8, Rue Albert Borschette, L- 1246 Luxembourg or at www.klimavest.de.

Enforcement of rights

Dear investor,

The satisfaction of our customers is of prime importance to us. Our goal is to offer a high standard of quality and the best possible service for our customers. If you are not satisfied with our service, please let us know by providing your contact details (name, address, telephone number or e-mail address). Various contact options are available to you for this purpose:

Complaints can be submitted on the following website:

www.luxemburg.commerzreal.com

Alternatively, you can submit your complaint in writing to the following address:

Commerz Real Fund Management S.à r.l.

8, Rue Albert Borschette
L-1246 Luxembourg

Grand Duchy of Luxembourg

Depending on your wishes, the business language for your request is generally German or English or the official language of the country in which a fund underlying the complaint is distributed.

Your complaint will be forwarded to an employee responsible for complaint management as soon as it is received, who will record it and ensure that your complaint is processed promptly.

You will receive a written confirmation of receipt of your complaint within ten working days, unless a reply has already been sent within this period.

Received complaints are analysed and processed with the support of the respective specialist department. A reply will be sent within one month of receipt of your complaint. If it becomes apparent that the processing will take longer, you will receive an interim notification that will inform you of the reasons for the delay and the expected processing time for your complaint. 

If you are not satisfied with how your complaint is handled, you can contact the Board of Management of Commerz Real Fund Management S.à r.l. in writing at the above address. Our aim is to provide a swift resolution to any issues and to find satisfactory solutions. This service is, of course, free of charge.

Your Commerz Real Fund Management S.à r.l.

If you are not satisfied with the proposed solution, as a private investor you have the option at any time to take legal action before the ordinary courts to enforce your rights or to initiate an alternative dispute resolution procedure.

Information on consumer arbitration bodies:

Commerz Real Fund Management S.à r.l. is regulated by the Luxembourg Commission de Surveillance du Secteur Financier ("CSSF"). The CSSF is responsible for handling certain customer complaints against the entities it supervises. For this purpose, the CSSF acts as an intermediary with the aim of obtaining out-of-court settlement of disputes between the complainant and the company. In its role as an out-of-court dispute settlement body, the CSSF acts in accordance with the European provisions on out-of-court settlement of consumer disputes implemented in national Luxembourg law and introduced into the Consumer Protection Act in 2016, and further specified by CSSF Regulation no. 16 – 07 on out-of-court settlement of complaints. 

A prerequisite for the opening of proceedings for the out-of-court settlement of complaints before the CSSF is the prior notification of the complaint to Commerz Real Fund Management S.à r.l. and the absence of a confirmation of receipt or the receipt of an unsatisfactory statement by Commerz Real Fund Management S.à r.l. . Unless an unsatisfactory statement has already been made, the CSSF application may be made to the CSSF at the earliest one month after the complaint has been sent to Commerz Real Fund Management S.à r.l. and at the latest within one year of the complaint being submitted to Commerz Real Fund Management S.à r.l.

The complaint must be sent in written form (e.g. by letter, fax or e-mail) to:

Commission de Surveillance du Secteur Financier
Département Juridique Protection des consommateurs/Criminalité financière (JUR-CC)
283, route d’Arlon L-2991 Luxembourg
Tel.: +352 26 25 1 - 2574
Tel.: +352 26 25 1 - 2904
Fax: +352 26 25 1 – 2601
E-mail: reclamation@cssf.lu
The application can also be made via the CSSF website.
An application form is available on the CSSF website (https://reclamations.apps.cssf.lu/index.html?language=de). 

Further information on the course of the proceedings can be found in CSSF Regulation no. 16 – 07 on out-of-court settlements of complaints.

We trust that you will understand that we do not participate in conciliation proceedings of other conciliation bodies.

Link to information on sustainability-related disclosures by Commerz Real Fund Management S.à r.l. and the klimaVest ELTIF: crfm.commerzreal.com

Information on complaints management and dispute resolution

 
Dear investor,

The satisfaction of our customers is of prime importance to us. Our goal is to offer a high standard of quality and the best possible service for our customers. If you are not satisfied with our service, please let us know by providing your contact details (name, address, telephone number or e-mail address). Various contact options are available to you for this purpose:

Complaints can be submitted on the following adress:

info@klimavest.de

Alternatively, you can submit your complaint in writing to the following address:

Commerz Real Fund Management S.à r.l.

8, Rue Albert Borschette
L-1246 Luxembourg

Grand Duchy of Luxembourg

Depending on your wishes, the business language for your request is generally German or English or the official language of the country in which a fund underlying the complaint is distributed.

Your complaint will be forwarded to an employee responsible for complaint management as soon as it is received, who will record it and ensure that your complaint is processed promptly.

You will receive a written confirmation of receipt of your complaint within ten working days, unless a reply has already been sent within this period.

Received complaints are analysed and processed with the support of the respective specialist department. A reply will be sent within one month of receipt of your complaint. If it becomes apparent that the processing will take longer, you will receive an interim notification that will inform you of the reasons for the delay and the expected processing time for your complaint. 

If you are not satisfied with how your complaint is handled, you can contact the Board of Management of Commerz Real Fund Management S.à r.l. in writing at the above address. Our aim is to provide a swift resolution to any issues and to find satisfactory solutions. This service is, of course, free of charge.

Your Commerz Real Fund Management S.à r.l.
 

Information on consumer arbitration bodies:

Commerz Real Fund Management S.à r.l. is regulated by the Luxembourg Commission de Surveillance du Secteur Financier (CSSF). The CSSF is responsible for handling certain customer complaints against the entities it supervises. For this purpose, the CSSF acts as an intermediary with the aim of obtaining out-of-court settlement of disputes between the complainant and the company. In its role as an out-of-court dispute settlement body, the CSSF acts in accordance with the European provisions on out-of-court settlement of consumer disputes implemented in national Luxembourg law and introduced into the Consumer Protection Act in 2016, and further specified by CSSF Regulation no. 16 – 07 on out-of-court settlement of complaints.  

A prerequisite for the opening of proceedings for the out-of-court settlement of complaints before the CSSF is the prior notification of the complaint to Commerz Real Fund Management S.à r.l. and the absence of a confirmation of receipt or the receipt of an unsatisfactory statement by Commerz Real Fund Management S.à r.l. . Unless an unsatisfactory statement has already been made, the CSSF application may be made to the CSSF at the earliest one month after the complaint has been sent to Commerz Real Fund Management S.à r.l. and at the latest within one year of the complaint being submitted to Commerz Real Fund Management S.à r.l.

The complaint must be sent in written form (e.g. by letter, fax or e-mail) to:

Commission de Surveillance du Secteur Financier
Département Juridique Protection des consommateurs/Criminalité financière (JUR-CC)
283, route d’Arlon L-2991 Luxembourg
Tel.: +352 26 25 1 - 2574
Tel.: +352 26 25 1 - 2904
Fax: +352 26 25 1 – 2601
E-mail: reclamation@cssf.lu

The application can also be made via the CSSF website.
An application form is available on the CSSF website ( https://reclamations.apps.cssf.lu/index.html?language=de). 

Further information on the course of the proceedings can be found in CSSF Regulation no. 16 – 07 on out-of-court settlement of complaints.

The European Commission has established a European Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. Consumers can use the ODR platform for out-of-court settlement of disputes arising from online contracts with a company established in the EU. The following e-mail can be entered as our contact address: crfm(at)commerzreal.com. The platform itself is not a dispute resolution body, but merely facilitates contact with a competent national arbitration body for the parties.

Please understand that we do not participate in the conciliation proceedings of other conciliation bodies.

Commerz Real Fund Management S.à r.l. (CRFM) exercises the voting rights arising from the klimaVest ELTIF it manages exclusively in the interests of investors in the klimaVest ELTIF and the integrity of the market, regardless of the interests of third parties. Commerz Real Fund Management S.à r.l. supports all measures that sustainably raise the value of the shares of the klimaVest ELTIF in the long term and votes against those that are not in line with this goal. The key decision-making criterion for the exercise of voting rights by Commerz Real Fund Management S.à r.l. is therefore the interests of investors in klimaVest ELTIF and the integrity of the market, regardless of the interests of third parties.

Voting rights are generally exercised by Commerz Real Fund Management S.à r.l. itself. Commerz Real Fund Management S.à r.l.'s procedure for voting on the business units dealt with in the agenda items is based on the criteria of a transparent and sustainable corporate governance policy. In this process, the voting procedure is primarily characterised by the following principles:

1. Strengthening shareholder or creditor rights: Each individual share should, in principle, carry the same voting right.
2. Supervisory Board: Supervisory Board members should be competent and independent and not subject to any conflicts of interest.
3. Appropriate remuneration structures: The remuneration of the management bodies should be transparent and based on the long-term development of the company.
4. Objectivity of auditors: Auditors charged with reviewing the financial statements must be transparent and appropriate, regardless of the company being audited and the remuneration for doing so.
5. Company transparency: Reporting should ensure the greatest possible transparency of the business situation and development.
6. Dividend policy: Dividends should be commensurate with the company’s financial performance and appropriate to the industry.

The information on these websites is intended exclusively for use by persons who have their registered office and residence in the Federal Republic of Germany. Commerz Real Fund Management S.à r.l. does not warrant that the information is suitable or usable for use by persons residing or sojourning in other countries or that the information is in accordance with the laws of those countries.

Use of the website does not constitute a consulting or information agreement between the user and Commerz Real Fund Management S.à r.l. The information provided, including the results of the calculation options provided (e.g. ROI calculator) do not constitute individual advice nor an offer to conclude a contract and cannot replace a consultation tailored to the specific needs of the individual. An investment decision can only be made on the basis of the information in the statutory sales documents (annual report, half-yearly report, basic information sheet and information memorandum) and should be made after obtaining comprehensive advice from a financial adviser and a tax consultant.

Liability for content

Despite carefully compiling the retrievable content, Commerz Real Fund Management S.à r.l. assumes no liability for its completeness, correctness, accuracy and availability. Where content is provided by third parties, it may not reflect the view of Commerz Real Fund Management S.à r.l. Estimates and evaluations reflect the opinion of the respective author and may have changed since the content was drafted. The facts presented in connection with product information are for illustration purposes only and cannot be used to make any statements concerning future developments. Commerz Real Fund Management S.à r.l. accepts no responsibility for any action taken on the basis of the information provided. Commerz Real Fund Management S.à r.l. reserves the right to change, supplement or delete the information provided without notice.

Liability for links

Insofar as these websites refer directly or indirectly to third-party websites by means of links, Commerz Real Fund Management S.à r.l. assumes no liability for the content of these pages. No illegal content was identified on the corresponding linked pages before the link was created. Commerz Real Fund Management S.à r.l. has no influence over the current and future content of the linked pages and hereby expressly distances itself from any content that was modified after the link was created. Commerz Real Fund Management S.à r.l. does not take ownership of opinions or statements of fact published there by placing a link, unless otherwise expressly stated regarding the link. Furthermore, Commerz Real Fund Management S.à r.l. assumes no responsibility for the content of websites from which links are made to the website of Commerz Real.

Exclusion of liability

The liability of Commerz Real Fund Management S.à r.l. for material or immaterial damages arising directly or indirectly from the use of this website is excluded. The exclusion of liability does not apply in the case of intentional or grossly negligent breaches of duty or in the case of damages resulting from harm to life, limb or health, which are based on an intentional or negligent breach of duty by Commerz Real Fund Management S.à r.l. Any fault on the part of a vicarious agent of Commerz Real Fund Management S.à r.l. is equivalent to fault on the part of Commerz Real Fund Management S.à r.l.

The content and structure of the website is protected by copyright and, if applicable, by other intellectual property rights. Any reproduction, distribution, modification or use of contract samples, graphics, image material, texts, sound or video sequences, in particular in other electronic or printed publications, even as excerpts, is not permitted without the prior written consent of Commerz Real Fund Management S.à r.l. Downloads and copies of the information provided are only permitted for private use, and not for commercial purposes. The content of this website is subject in part to the copyright of third parties.

This disclaimer is to be regarded as part of the website from which you were referred. The disclaimer applies correspondingly to any liability of Commerz Real AG and its subsidiaries and investment companies in connection with the websites. If parts or individual wordings do not, no longer or not fully reflect the applicable legal situation, the content and validity of the remaining parts of the disclaimer remain unaffected.

All legal disputes arising from or in connection with this website are subject exclusively to the law of the Federal Republic of Germany.

Note on the European Online Dispute Resolution platform

The European Commission has established a European Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. The ODR platform can be used by consumers for the out-of-court settlement of disputes arising from online contracts with a company established in the EU. The following e-mail can be given as our contact address: klimaVest@commerzreal.com The platform itself is not a dispute resolution body, but merely provides the parties with contact to a competent national arbitration body.