Terms and Conditions

General Terms and Conditions

GENERAL TERMS AND CONDITIONS
ASSOCIATION OF RENTAL AGENTS AMSTERDAM
CS HOUSING

“Below is a translation from the Dutch version. In case of divergence between the language versions, the Dutch version shall prevail.“

Article 1: Applicability, definitions

1. These General Delivery Terms and Conditions apply to all agreements that the members of Vereniging van Verhuurmakelaars Amsterdam conclude with its Clients.

2. Mediation is understood to mean: the Estate Agent's obligation of best efforts to establish, for payment of a fee by the Client, an agreement 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.

3. The other party is understood to mean the (prospective) lessor of the relevant living space if the Client is the party that wishes to rent this living space. The other party is understood to mean the (prospective) tenant of the relevant living space if the Client is the party that wishes to rent this living space.

4. Provisions that deviate from these general terms and conditions of delivery are only part of the agreement concluded between the parties if and insofar as the parties have explicitly agreed in writing.

5. 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.

6. The non-applicability of a (part of a) provision of these general terms and conditions for whatever reason does not affect the applicability of the other provisions.

Article 2: Client's cooperation in the implementation of the agreement

1. The parties will do nothing and / or refrain from obstructing or likely to impede the proper implementation 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 information available to the Estate Agent in a timely manner.

2. The Estate Agent will not commence the execution of the work until the Client has provided him with all necessary information and the Client has made any (advance) payment agreed upon.

Article 3: If the Client is a prospective tenant of housing accommodation

Content of the assignment. Work and working method of the Estate Agent

1. The term 'search' is understood to mean the Estate Agent's best efforts to search for rental accommodation suitable for the Client.

2. The activities of the Estate Agent can, depending on the wishes of the Client and what the parties agree upon in the performance of the agreement, consist of, among other things, the following components:

Search:

* providing general information about, among other things, the possibilities of find a home, the local housing market, rent protection, 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 file about the Client and nominating it on the basis of the Client as a potential tenant to potential lessor (s) and making every effort to grant the relevant property to the Client;

* conducting negotiations on behalf of the Client with potential lessor (s) about the content 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 home;

* the preparation of a proper inspection report (with photos) including recording of meter readings, control keys, control inventory, inventory of defects;

* ensuring that the lessor meets his initial obligations;

* providing telephone and internet connection and connection to utilities;

* acting as a source of information for the Client during the lease.

3. In the performance of his activities, the Estate Agent will only look after the interests of the Client and not those of the (prospective) lessor.

4. 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 is aware that the Estate Agent presents an offer of available rental properties on various media, including the website of the Estate Agent and / or third parties, such as Pararius, and that such presentations of living space are not always based on a (search) assignment from the owner of the relevant living space and / or an instruction to mediate from that owner. If such presentations of living space are made on the basis of a (search) assignment from the owner of the relevant living space and / or an assignment to mediate from that owner, the Estate Agent will not accept assignments from (prospective) tenants.

5. 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. Broker has the right to share this information, data and documents with third parties insofar as this is useful and necessary to fulfill the assignment.

6. After the Client has informed the Estate Agent that he wishes to rent a housing space submitted by the Estate Agent with the request that the Estate Agent informs the lessor and mediates in the conclusion of a lease agreement with the lessor, the Estate Agent will notify this by e-mail. confirm e-mail message to Client. The Client has the right to withdraw his communication as referred to above by notifying the Broker within 24 hours by e-mail. 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 has confirmed this in a letter of intent signed by the Client.

Reimbursement for the services provided by the Estate Agent

7. If the services provided by the Estate Agent result in a lease for accommodation between the Client and a lessor, the Client owes the Estate Agent a fee. This reimbursement is equal to one month's total rental amount (therefore including any additional costs) as laid down in the rental agreement established by the services of the Estate Agent, plus VAT, in accordance with the applicable statutory rate. This fee is owed by the Client to the Estate Agent at the conclusion of the lease.

8. 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.

9. 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.

10. If the Client and / or his relations appear to be living in a living space for which the Client has obtained 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.

11. If, for whatever reason, the Client does not go to live in the home for which a brokerage agreement has been concluded, or if the lease for this home is terminated, destroyed or dissolved, the Client remains obliged to pay the agreed fee. and the Client is not entitled to full or partial restitution thereof.

12. If the Client, after having provided the Estate Agent with the notice referred to in Article 3, paragraph 6, and after his possible right to withdraw that notice has lapsed, his notice is still withdrawn or otherwise frustrates the conclusion of a lease, 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 payment is based on the amount of the rent to be agreed with the prospective landlord and no rent has yet been agreed, the compensation will be based on the initial rental offer of the prospective landlord. In addition, the Client is obliged to indemnify the Estate Agent against any damage suffered by the prospective lessor concerned.

13. Immediately after the Client and a prospective landlord have reached agreement through a broker of a housing agreement on a rental agreement for a living space, the Agency will draw up a rental confirmation form of the core clauses of the lease agreements before signing a lease agreement to be signed by both parties. Client is obliged to immediately confirm this rental confirmation form.

Article 4: If the Client is a prospective lessor of housing

1. The term 'search' is understood to mean the Estate Agent's best efforts to search for a suitable tenant for the relevant housing.

2. The activities of the Estate Agent may, depending on the wishes of the Client and what the parties agree upon in the performance of the agreement, consist of, among other things:

* advising on the rental of houses and market conditions;

* inspecting the home;

* determining the rental value of the home;

* recording the meter readings;

* taking photos of the home;

* placing photos and information about the property on the website of Estate Agent, on various housing websites, with other real estate agents / brokers and / or in other media;

* placing a rental sign;

* the preparation and placement of a shop window advertisement;

* screening potential tenant (s) in advance;

* conducting negotiations on behalf of the Client with potential tenant (s) about the content 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 home;

* the preparation of a proper inspection report (with photos) including recording of meter readings, control keys, control inventory, inventory of defects.

3. The Client shall 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.

4. 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.

5. The client instructs the Estate Agent to collect from the tenant the amounts for the first month's rent and the deposit. The Estate Agent will transfer the collected amounts to the Client, after settlement with any amounts owed by the Client to the Estate Agent.

6. 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 data from the Estate Agent, the Client owes the agreed fee to the Estate Agent, irrespective of whether the lease was concluded through brokerage of the Estate Agent

7. If, for whatever reason, the tenant, with whom the Client has entered into a lease through brokerage of the Estate Agent, is not going to live in the relevant accommodation, or if the rental agreement for this accommodation is terminated, destroyed or dissolved, the Client remains obliged to pay the agreed fee and the Client is not entitled to full or partial restitution thereof.

8. 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.

9. If the Client, after the negotiations with an prospective tenant have commenced, whether or not after the Client has signed a letter of intent for this purpose, terminates the negotiations, frustrates and / or is no longer willing to rent out the living space in question 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 payment is based on the amount of the rent to be agreed with the prospective tenant and no rent has yet been agreed, the compensation will be based on the initial rental offer from the Client. In addition, the Client is obliged to indemnify the Estate Agent against any damage suffered by the prospective tenant in question.

10. Immediately after the Client and a prospective tenant have reached an agreement through a broker for a residential property, the Broker will, prior to drawing up a lease to be signed by both parties, draw up a rental confirmation form for the core clauses of the lease. Client is obliged to immediately confirm this rental confirmation form.

11. The client declares and guarantees in all respects (inter alia 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, administrator) (s), other home broker (s), Owners' Association and the like) are entitled to offer and rent the living space for rent and indemnifies the Estate Agent against all possible claims of third parties in this regard and for all extrajudicial claims made by the Estate Agent in this regard. and legal costs. Broker does not accept any liability in this regard.

12. The client declares to be fully aware that according to 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 when concluding 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.

13. The client declares to be aware that the legal rent (price) protection referred to in article 4, paragraph 11, also includes arrangements that only make temporary rental contracts possible in very specific cases and that if a temporary rental agreement is concluded contrary to by law, the tenant can ignore the temporary nature of the lease and can rely on rent protection. The Estate Agent accepts no liability whatsoever 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.

Article 6: Obligation of the broker to perform

The broker will make every effort 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

1. Unless otherwise agreed and without prejudice to the other provisions of these general terms and conditions, the agreement ends inter alia by:

a. Cancellation by the Client;

b. cancellation by Broker.

2. Termination of the agreement by the Client after it has provided the Estate Agent with the notification as referred to in Article 3, paragraph 6, and after his possible right to withdraw that notice has lapsed, the Client shall not be released from his liability for damages and the obligation to indemnify the Estate Agent as a referred to in the latter provision.

3. Termination of the agreement by the Client after negotiations with a prospective tenant have commenced as referred to in Article 4, paragraph 9 does not release the Client from its liability for damages and obligation to indemnify the Estate Agent as referred to in the latter provision.

4. 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 these general terms and conditions.

5. Without prejudice to the claims for compensation provided for in these general terms and conditions of delivery, the parties cannot derive any right to compensation from the termination of the agreement by cancellation, unless the other party fails to comply with one or more obligations.

Article 8: Duty to file a complaint and lapse of rights

1. Complaints with regard to the work performed and / or the services provided by the Estate Agent - must be sent by registered letter at the latest within 2 months after discovery or after the Client should reasonably have discovered this by the Client to the Estate Agent. be reported, failing which the Client can no longer rely on any defects in the performance of the Estate Agent.

2. Claims from the Client against the Estate Agent expire after 1 year after the agreement has been terminated.

Article 9: Liability

1. The Estate Agent is not liable for damage suffered by the Client, including consequential damage, business damage, loss of profits and / or loss of stagnation, which is the result of his actions or omissions, that of his staff or that of third parties engaged by it. , in particular not for damage suffered by the Client as a 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 through legal procedures (may) be increased or decreased.

2. The Estate Agent is not liable for damage suffered by the Client as a result of acts or omissions on the part of the other party to be concluded or concluded through the Estate Agent's mediation.

3. 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.

4. Limitation of the liability of the Estate Agent for damage suffered by the Client in these general terms and conditions 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:

a. The Client owes the Estate Agent a default interest of 1% per month, cumulatively calculated on the principal sum. Parts of a month are considered a full month;

b. 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.

(November 2019 version)