Terms and conditions
GENERAL TERMS AND CONDITIONS OF SERVICE
( Housing 4 You )
Article 1: Applicability, definitions
These General Terms and Conditions for Services, hereinafter referred to as ' AVD ' , apply to all agreements that Housing 4 You , hereinafter referred to as ' Broker ' , concludes with its Clients.
Mediation is understood to mean: the Estate Agent's best efforts obligation to establish, against payment of a fee by the Client, a lease for a living space between the Client and his other party, as referred to in Article 7: 425 of the Dutch Civil Code. The Estate Agent will never accept an assignment from the other party of the Client for the same accommodation. A search assignment does not form part of a search as referred to in article 3 paragraph 1 of this AVD (rental) and article 4 paragraph 1 of this AVD (rental). A search query and a mediation assignment can be combined.
If the Client is the party that wishes to rent this living space and has commissioned a broker for that purpose, the other party means the (prospective) lessor of the relevant living space. If the Client is the party that wishes to rent out this living space and has commissioned a broker for that purpose, the other party means the (prospective) tenant of the relevant living space.
Provisions that deviate from this AVD are only part of the agreement concluded between the parties if and insofar as the parties have explicitly agreed in writing.
If the Client consists of two or more (legal) persons, they are jointly and severally liable towards the Estate Agent for the fulfillment of all obligations towards the Estate Agent.
The non-applicability of (part of) a provision of these General Terms and Conditions for Services does not affect the applicability of the other provisions for whatever reason.
Article 2: Client's cooperation in the implementation of the agreement
The parties will do nothing and / or omit that impedes or may impede the proper execution of this agreement. Client will lend its cooperation in all respects to the proper performance of the agreement by both parties, including by making all necessary data and documents available to the Estate Agent in a timely manner.
The Estate Agent will not commence the execution of the work until the Client has provided him with all necessary data and documents and the Client has made any agreed (advance) payment and / or down payment.
Article 3: If the Client is a home seeker (leasing)
Content of the assignment. Work and method of broker
The term ' search ' is understood to mean the Estate Agent's best efforts to search for rental accommodation suitable for the Client.
The activities of the Estate Agent can, depending on the wishes of the Client and what the parties agree on this at the conclusion of the agreement and any further agreements thereafter, consist of, among other things, the following components:
Search:
* giving general information about, among other things, the possibilities to find a living space, the local housing market, the housing permit, the rent allowance, the rent protection, the rents, registration in the municipal basic administration;
* making an inventory of the housing requirements / search profile of the Client;
* the search for suitable accommodation for the Client based on the wishes of the Client / the search profile of the Client;
* the organization of one or more viewings by the Client of and the provision of information about one or more dwelling (s);
* evaluation of viewings with Client.
Assignment for mediation:
* Compiling a complete dossier on the Client and the nomination on the basis of the Client as a potential tenant at potential owner (s) and endeavor to comply with the relevant housing grants to the Client;
* Conducting negotiations on behalf of the Client with potential owner (s) on the contents of the lease;
* the establishment of a written lease and the signing of the lease by both parties; * giving information about and an explanation of the lease.
Other activities:
* ensuring that the first payment to the lessor is made on time;
* organizing the delivery of the living space;
* The establishment of an adequate inspection (photo ' s) in triplicate (including recording of meter readings, control keys, control inventory, inventory shortfalls);
* ensuring that the lessor meets his obligations at the start of the lease; * providing support with: maintenance contracts, relocation, transport / purchase of inventory, search for workmen in connection with the paintwork, wallpapering and laying the floor et cetera;
* providing support with: a telephone and internet connection and / or a connection to utilities; * acting as a first line of information for the Client during the lease.
In the performance of its activities, the Estate Agent will only look after the interests of the Client and not those of the (prospective) lessor.
The Estate Agent will never act as an intermediary on behalf of both the (prospective) lessor of a residential property and the Client in concluding a lease for that residential property.
The Client will on its own initiative provide the Estate Agent with all information, data and documents that are necessary for the execution of the assignment and the Client guarantees the correctness thereof. This information and documents include, but is not limited to: valid proof of identity, valid proof of residence in the Netherlands, recent salary specification (s), employment contract, recent bank statements (showing salary payments), employer statements and the like. Client has the right to share this information, data and documents with third parties insofar as this is useful and necessary for the fulfillment of the assignment.
After the Client has informed the Estate Agent that he wishes to rent a residential space submitted by the Estate Agent with the request that the Estate Agent informs the lessor of this and mediates in the conclusion of a lease with the lessor, the Estate Agent will send this notice to the Client by e-mail. to confirm. Client has the right to withdraw his communication as referred to above by notifying Broker within 24 hours of sending this e-mail message. This right expires after this 24-hour period. The Client does not have this right if he has made his communication as referred to above in writing or by e-mail to the Estate Agent or confirmed in writing in a letter of intent signed by the Client.
Compensation for the services of the Estate Agent
If a rental agreement for residential accommodation between the Client and a lessor ensues from the services provided by the Estate Agent, the Client owes the Estate Agent a fee (brokerage fee). This fee is laid down in the agreement between the parties (service contract) . This fee is owed by the Client to the Estate Agent at the conclusion of the lease.
The compensation is deemed to be a reasonable compensation for the work that the Estate Agent performs for the Client in the performance of the agreement. The parties thereby take into account that the fee payable is a standard market rate that is not linked to the scope of the work to be performed by the Estate Agent but to a result to be achieved.
The Estate Agent has the right to ensure that the Client can only move into the accommodation after the fee has been paid to the Estate Agent.
If the Client and / or his relations turn out to live in a living space, for which the Client has obtained the information from the Estate Agent, the Client will owe the agreed fee to the Estate Agent, regardless of whether the lease was concluded through the Estate Agent's mediation.
If for any reason whatsoever the Client not going to live in the living area which has come through the mediation agency a lease established, or if the lease for this accommodation will be terminated, annulled or terminated, the Client remains obliged agreed compensation to and the Client is not entitled to full or partial restitution thereof.
If the Client, after having given the Estate Agent the notice or written confirmation as referred to in Article 3, paragraph 6 of this GTC and after his possible right to withdraw that notice has lapsed, his notice is still withdrawn or otherwise frustrates the conclusion of a lease agreement , the Client is obliged to compensate the Estate Agent for the damage it has suffered. The aforementioned damage will in any case consist of an amount equal to the agreed fee that the Client would owe if a definitive lease agreement were concluded for the accommodation. If the amount of the agreed fee based on the amount of the prospective landlord negotiable rent and no rent is agreed, the compensation based on the gross rent of the initial is ë le rentals offer the prospective landlord. In addition, the Client is obliged to indemnify the Estate Agent against any damage suffered by the prospective landlord in question.
Immediately after the Client and a prospective landlord have reached an agreement through a broker for a housing accommodation, before concluding a lease to be signed by both parties, the Broker will draw up a rental confirmation form for the core clauses of the lease agreements. Client is obliged to sign this rental confirmation form immediately.
Article 4: If the Client is a homeowner living space (rental)
Under " search " refers to the obligation of agency focused on finding a suitable tenant for the Client for the relevant accommodation.
The activities of the Estate Agent can, depending on the wishes of the Client and what the parties agree on this at the conclusion of the agreement and possibly further thereafter , consist of, among other things: * advising on the rental of living space and market conditions; * inspecting the living space; * determining the rental value of the living space; * recording the meter readings; * Making photo ' s of the housing; * Placing photo ' s and information about accommodation on the agency's website, at various accommodation websites, other brokers / intermediaries and / or in other media; * placing a sign for rent ; * the preparation and placement of a shop window advertisement; * The pre-screening of potential ë le tenant (s); * Conducting negotiations on behalf of the Client with potential ë le tenant (s) on the contents of the lease; * the establishment of a written lease and the signing of the lease by both parties; * providing information about and an explanation of the lease; * ensuring that the first payment is made in time by the tenant; * organizing the delivery of the living space; * The establishment of an adequate inspection (photo ' s) in triplicate (including recording of meter readings, control keys, control inventory, inventory of defects).
The Client will on its own initiative provide the Estate Agent with all information and documents that are necessary for the execution of the assignment and the Client guarantees the correctness thereof.
If a rental agreement for the living space ensues for the Client from brokerage by the Estate Agent, the Client owes the Estate Agent the fee (commission) that the parties have agreed. This commission is due by the Client within 14 days after the invoice to be sent to him by the Estate Agent for this purpose.
The compensation is deemed to be a reasonable compensation for the work that the Estate Agent performs for the Client in the performance of the agreement. The parties thereby take into account that the fee payable is a standard market rate that is not linked to the scope of the work to be performed by the Estate Agent but to a result to be achieved.
The client instructs the Estate Agent to collect from the tenant the amounts for the first month's gross rent and the deposit. The broker will ge ï transfer nth amounts to the Client, after taking into account any amounts owed by the Client to the agency.
If the Client appears to (partly) rent out the living space in question or appears to have (partly) used it to one or more persons or parties from whom the Client has obtained the information from the Estate Agent, the Client owes the agreed fee to the Estate Agent, regardless of whether the lease has been concluded through brokerage of the Estate Agent
If for any reason whatsoever the tenant, with whom the Customer has concluded a lease by agency mediation, not going to live in the particular living space, or if the lease for this accommodation will be ë terminated, annulled or terminated, the Client remains obliged agreed pay compensation and the Client is not entitled to full or partial restitution thereof.
If a (housing) permit is required for the relevant living space, then obtaining this permit for the benefit of the Client and / or tenant is at the expense and risk of the Client and the Client is obliged to pay the agreed fee regardless of whether the license is or will be granted unless the parties have agreed otherwise.
If the Client, after negotiations with a prospective tenant commenced or not after the Client have signed an MoU, negotiations be ë indigt, frustrated and / or no longer prepared the relevant housing rent to the prospective tenant, The Client is obliged to compensate the Estate Agent for the damage it has suffered. The aforementioned damage will in any case consist of an amount equal to the agreed fee that the Client would owe if a definitive lease agreement were concluded for the accommodation. If the amount of the agreed fee based on the amount of rent to be and no rent is agreed in line with the prospective tenant, the compensation is based on the initial ë le rental offer Client. In addition, the Client is obliged to indemnify the Estate Agent against any damage suffered by the prospective tenant in question.
Immediately after the Client and a prospective tenant have reached an agreement through a broker for a residential property, the Broker will, before drawing up a lease to be signed by both parties, prepare a rental confirmation form for the core terms of the lease. Client is obliged to sign this rental confirmation form immediately.
The client declares and guarantees in all respects (including in view of possible claims of any nature whatsoever of any other entitled party or parties with regard to the accommodation, mortgage holder (s), insurer (s), (local) authorities, competent authorities, property manager (s), other living space broker (s), Association of Owners and the like) are entitled to offer and rent out the living space for rent and indemnifies the Estate Agent against all possible claims of third parties in this regard and for all Estate Agent related extrajudicial and judicial costs. Broker accepts no liability in this regard.
The client declares to be fully aware that, in accordance with mandatory legislation, the tenant of living space is protected against, among other things, termination of the rent by the landlord, against too high rental prices, too high or incorrect service costs and too high or incorrect one-off payments at the conclusion of rental agreements. The Client (and not the Estate Agent) determines the duration of the rental agreement desired by the Client, the amount of the rent, the amount of the deposit, the composition of the service package, the amount of (the advance for) the service costs and / or the amount of any one-off payments. The Estate Agent accepts no liability whatsoever for damage resulting from the content of the lease, in particular as regards its duration, the amount of the rent, the amount of the deposit, the amount of (just an advance for) the service costs, the composition of the service package and the (amount of) one-off fees.
The Client declares to be aware that the legal rent (price) protection referred to in Article 4, paragraph 13 of these GTC also includes arrangements that limit the possibility of temporary rental contracts to specific cases and that, if a temporary rental agreement is established in contrary to the law or does not meet the relevant criteria, the tenant can ignore the temporary nature of the lease by invoking the law. The Estate Agent does not accept any liability for damage that is the result of such a legitimate claim to rent protection from the tenant.
Article 5: Personal data
The personal data of the Client are recorded in the administration of the Estate Agent. The Estate Agent does not provide any information to third parties without the Client's consent, unless he is obliged to do so on the basis of a legal obligation and / or useful or necessary for the execution of the assignment. The registered data is used exclusively by the Estate Agent for the performance of the Client's assignment.
At the moment you register, we will provide your details to Economic Data Resources B.V. (EDR). EDR will issue an opinion on your creditworthiness based on this data. EDR will use your data to research your creditworthiness and contact details. For more information about EDR and how EDR safeguards your privacy and your privacy rights such as your rights of inspection, objection, amendment and deletion, see: https://www.edrcreditservices.nl/privacy-statement/.
Article 6: Obligation of the broker to make an effort
The Estate Agent will endeavor to the best of its ability and knowledge to achieve the result desired or intended by the Client. This is an obligation of the Estate Agent at all times and not an obligation of result. If the result is not forthcoming, this does not relieve the Client from his obligations towards the Estate Agent, with the exception of any obligations that are explicitly linked by the parties to the achievement of the intended result.
Article 7: End and cancellation of the agreement
Unless otherwise agreed and without prejudice to the other provisions of this GTC, the agreement ends inter alia by:
Achieving the intended result of the efforts of the Estate Agent with the assignment;
cancellation by the Client;
cancellation by Broker.
Termination of the agreement by the Client after he has made the communication as referred to in article 3 paragraph 6 of this GTC to the Estate Agent and after his possible right to withdraw that communication has lapsed, does not release the Client from his liability for damages and obligation to indemnify the Estate Agent as referred to in the latter provision.
Termination of the agreement by the Client after negotiations with a prospective tenant have commenced as referred to in Article 4, paragraph 10 of this GTC does not release the Client from its liability for damages and obligation to indemnify the Estate Agent as referred to in the latter provision.
Client and Broker are authorized to cancel this agreement at any time. The Estate Agent will, among other things, terminate the agreement if he fears that the Client will not or will not properly fulfill the lease to be established, without prejudice to his claims for payment as provided for in this GTC.
Notwithstanding the claims in this AVD provided compensation to parties to be ë termination of the agreement by giving notice not entitled to compensation unless it is terminated due to failure to fulfill one or more obligations by the other party.
Article 8: Duty to complain and expiry of rights
Complaints with regard to the work performed and / or services provided by the Estate Agent - must be reported by registered letter to the Estate Agent no later than 2 months after discovery or after the Client should reasonably have discovered them, failing which the Client can no longer appeal. address any defects in the performance of the Estate Agent.
Claims of Client Agent expire after a period of one year after the agreement is ge ë terminated.
Article 9: Liability
The Estate Agent is not liable for damage suffered by the Client, including consequential damage, loss of profits, loss of profits and / or stagnation damage, which is the result of his actions or omissions, that of his staff or that of third parties engaged by him, in particular not for damage of the Client that is the result of the situation that the agreed rental price and / or the agreed service (costs) and / or the additional fees, whether or not one-off, are not in accordance with the law or can be increased through legal procedures or reduced.
The Estate Agent is not liable for damage suffered by the Client as a result of acts or omissions of the other party in the rental agreement concluded or concluded through the Estate Agent's mediation.
Insofar as the Estate Agent is liable for damage suffered by the Client, his liability is limited to the amount of the payment to be provided by the Estate Agent's insurer in the appropriate case, insofar as the Estate Agent is insured for this. If the Estate Agent is not insured as referred to above, the liability of the Estate Agent is limited to twice the amount of the fees charged and / or to be charged by the Estate Agent to the Client for its work and / or services.
Limitation of the liability of the Estate Agent for damage suffered by the Client in this GTC does not apply if and insofar as the damage is due to intent and / or deliberate recklessness on the part of the Estate Agent.
Article 10: Payment
1. Unless otherwise agreed or stipulated in these terms and conditions, the Client must pay everything he owes to the Estate Agent within 14 days of the invoice date. This period applies as a deadline.
2. All that the Client owes to the Estate Agent is paid by the Client in a timely manner without any recourse to discount, suspension, settlement, dissolution or cancellation .
3. In the event of late payment of all that the Client owes to the Estate Agent:
the Client owes the Estate Agent a default interest of 1% per month, to be calculated cumulatively on the principal sum. Parts of a month are considered a full month;
the Client, after being required to do so by the Estate Agent, owes 15% of the principal sum and the default interest with regard to extrajudicial costs with a minimum of € 40.00.
4. The Estate Agent is authorized, in the event of non-compliance by the Client with any obligation under the agreement, without further notice of default or judicial intervention, to dissolve the agreement in whole or in part and to claim compensation for his damage.
5. If the Client has not fulfilled its payment obligations in time, the Estate Agent is authorized to suspend the fulfillment of its obligations until payment has been made. The same applies if the Estate Agent already has a reasonable suspicion that the Client will not meet his payment obligations prior to the commencement of the default. The risk for the consequences of suspension by the Estate Agent is for the Client's account.
6. Payments made by the Client will always serve to pay the interest owed, the costs owed and the invoices that have been outstanding the longest.
Article 11: Competent court, applicable law
1. The agreement concluded between the Estate Agent and the Client is exclusively governed by Dutch law.
2. Any disputes will be settled by the competent Dutch court, albeit that the Estate Agent, insofar as the law does not legally oppose this, has the power to bring a case before the competent court in the place where the Estate Agent is established.
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