Term and Conditions – Dutchstudenthousing

GENERAL TERMS AND CONDITIONS OF SERVICE

Dutch Student Housing

Article 1: Applicability, definitions

1. These General Terms and Conditions for Services, hereinafter referred to as ‘AVD’, apply to all agreements concluded by Dutch Student Housing , hereinafter referred to as ‘Broker’, with its Clients.

2. Mediation is understood to mean: the Estate Agent’s best-efforts obligation aimed at concluding a rental agreement for housing accommodation between the Principal and his other party, as referred to in article 7:425 of the Dutch Civil Code, against payment of a fee by the Principal. The Estate Agent shall never accept an assignment for mediation for the same living space from the other party of the Client. An instruction to mediate does not form part of a search assignment as referred to in article 3 paragraph 1 of this AVD (letting) and article 4 paragraph 1 of this AVD (letting). However, a search assignment and an assignment to mediate may be combined.

3. If the Client is the party who wishes to rent this housing accommodation and has given the Estate Agent an instruction for mediation to that end, the other party is understood to be the (prospective) lessor of the housing accommodation in question. If the Client is the party who wishes to rent out this housing accommodation and has given the Estate Agent an instruction to mediate, the other party shall be understood to be the (prospective) tenant of the housing accommodation in question.

4. Provisions that deviate from this AVD only form part of the agreement concluded between the parties if and insofar as the parties have expressly agreed this in writing.

5. If the Client consists of two or more (legal) persons, they are jointly and severally liable towards Broker for the fulfilment of all obligations towards Broker.

6. The non-application of (part of) a provision of these General Terms and Conditions for Services for whatever reason does not affect the applicability of the other provisions.

Article 2: Client’s Cooperation in the Execution of the Agreement

1. The parties shall not do anything and/or refrain from doing anything that impedes or may impede the proper execution of this agreement. The Client shall cooperate in all respects to the proper execution of the agreement by both parties, among other things by making all necessary information and documents available to Broker in good time.

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

Article 3: If Principal is house-hunter (hiring)

Content of the assignment. Activities and working method of Broker

1. The term ‘search assignment’ is understood to mean the obligation of the Estate Agent to use his best efforts to search for suitable rental accommodation for the Client.

2. The activities of the Estate Agent may, depending on the Client’s wishes and what the parties agree on at the time of the conclusion of the agreement and any further agreements thereafter, include the following:

Search assignment:

* providing general information about, among other things, the possibilities for finding housing, the local housing market, the housing permit, the rent allowance, rent protection, rents, registration in the municipal personal records database;

* an inventory of the Client’s housing requirements/search profile;

* searching for suitable housing for the Client on the basis of the Client’s housing requirements/search profile;

* the organisation of one or more viewings by the Client of and the provision of information about one or more dwellings;

* evaluation of viewings with the Client.

Assignment to mediate:

* compiling a complete dossier on the Client’s behalf and nominating the Client as candidate tenant to potential landlord(s) on the basis thereof and making every effort to ensure that the latter grants the housing accommodation in question to the Client;

* conducting negotiations on behalf of the Client with potential lessor(s) regarding the content of the tenancy agreement;

* establishing a written tenancy agreement and arranging for the signing of the tenancy agreement by both parties;

* providing information about and an explanation of the rental agreement.

Other activities:

* ensuring that the first payment to the lessor is made on time;

* organizing the delivery of the accommodation;

* drawing up a proper inspection report (with photos) in triplicate (including recording the meter readings, inspection keys, inspection inventory, inventory of defects);

* ensuring that the landlord fulfils his obligations at the start of the tenancy agreement;

* providing support for: maintenance contracts, moving house, transport/purchase of inventory, searching for workmen in connection with painting, wallpapering and laying the floor, etc;

* providing support for: a telephone and internet connection and/or a connection to utilities;

* acting as a first line of enquiry for the Client during the rental agreement.

3. In carrying out his activities, the Estate Agent shall exclusively represent the interests of the Client and not those of the (prospective) lessor.

4. 4. The Estate Agent shall never mediate on the instructions of both the (prospective) lessor of a living accommodation and the Client in the formation of a tenancy agreement for that living accommodation.

5. The client shall, on his own initiative, provide Broker with all information, data and documents necessary for the execution of the assignment and the client guarantees the accuracy thereof. These information and documents include, but are 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. The client has the right to share this information, data and documents with third parties insofar as this is useful and necessary for the fulfilment of the assignment.

6. After Client has informed Broker of his wish to lease a housing accommodation submitted by Broker with the request to inform the landlord and to mediate in the conclusion of a rental agreement with the landlord, Broker shall confirm this notification to Client by e-mail. The client has the right to withdraw his notification as referred to above by notifying Broker of this by e-mail within 24 hours after this e-mail message has been sent. After this period of 24 hours, this right lapses. The Client does not have this right if he has made his notification as referred to above to the Estate Agent in writing or by e-mail or has confirmed this in writing in a declaration of intent signed by the Client.

Fee for the services of Broker

7. If the services of the Agency result in a rental agreement for residential space between the Client and a lessor, the Client shall owe the Agency a fee (brokerage). This fee is laid down in the agreement between the parties (instruction to provide services). The Client owes this fee to the Estate Agent at the time of the conclusion of the tenancy agreement.

8. The fee is deemed to be a reasonable remuneration for the work that the Estate Agent performs for the Client for the execution of the agreement. The parties take into account that the fee due is a rate customary in the market that is not linked to the scope of the work to be carried out by the Estate Agent, but to a result to be achieved.

9. The Estate Agent is entitled 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 turn out to live in a living accommodation of which the Client has obtained the information from the Estate Agent, the Client shall owe the agreed fee to the Estate Agent, regardless of whether the rental agreement was concluded through the mediation of the Estate Agent.

11. If, for whatever reason, Client does not take up residence in the living accommodation for which a rental agreement has been concluded through the mediation of the Estate Agent, or if the rental agreement for this living accommodation is terminated, destroyed or dissolved, Client shall remain obliged to pay the agreed fee and Client shall not be entitled to a full or partial refund thereof.

12. If the Client, after having given the notification or written confirmation referred to in Article 3, Paragraph 6 of this AVD to the broker and after his possible right to withdraw the notification has expired, still withdraws his notification or otherwise frustrates the conclusion of a rental agreement, the Client is obliged to compensate the broker for the damage he has suffered. The aforementioned damage shall in any case consist of an amount equal to the agreed compensation that the Client would owe if a definitive rental agreement were to be concluded for the accommodation. If the amount of the agreed compensation is based on the amount of the rent to be agreed with the prospective lessor and no rent has yet been agreed, the compensation will be based on the gross rental price of the prospective lessor’s initial rental offer. In addition, the Principal is obliged to indemnify the Estate Agent against any damage suffered by the prospective lessor in question.

13. Immediately after the Principal and a prospective lessor have reached agreement on a rental agreement for a residential property through the mediation of the Estate Agent, the Estate Agent shall, before drawing up a rental agreement to be signed by both parties, draw up a rental confirmation form of the core terms of the rental agreements. The client is obliged to sign this rental confirmation form immediately.

Article 4: If the Principal is the owner of the housing accommodation (letting)

1. The term ‘search assignment’ is understood to mean the obligation of Broker to use its best efforts to search for a tenant suitable for the Client for the housing accommodation concerned.

* advising on the rental of accommodation and market conditions;

* inspecting the accommodation;

* determining the rental value of the accommodation;

* recording the meter readings;

* taking photos of the accommodation;

* placing photos and information about the housing accommodation on the website of the Estate Agent, on various housing websites, at other brokers/intermediaries and/or in other media;

* the placing of a sign for rent;

* drawing up and placing an advertisement in a shop window;

* the prior screening of potential tenant(s);

* conducting negotiations on behalf of the Client with potential tenant(s) regarding the content of the rental agreement;

* establishing a written rental agreement and arranging for the signing of the rental agreement by both parties;

* providing information about and an explanation of the rental agreement;

* ensuring that the first payment is made on time by the tenant;

* organizing the delivery of the accommodation;

* drawing up a proper inspection report (with photos) in triplicate (including recording the meter readings, inspection keys, inspection inventory, inventory of defects).

3. Client shall, on his own initiative, provide Broker with all information and documents necessary within the framework of the execution of the assignment and Client guarantees the accuracy thereof.

4. If, as a result of the mediation by the Estate Agent, a rental agreement for the housing accommodation results for the Client, the Client shall owe the Estate Agent the fee (brokerage) that the parties have agreed upon. The Client shall owe this commission within 14 days after the invoice to be sent to him by the Estate Agent for this purpose.

5. The fee is deemed to be a reasonable remuneration for the work that the Estate Agent performs for the Client in execution of the Agreement. The parties take into account that the fee owed is a rate customary in the market that is not linked to the scope of the work to be carried out by the Estate Agent, but to a result to be achieved.

6. The Client instructs the Estate Agent to collect the amounts for the first month’s gross rent and the deposit from the renter. The broker shall transfer the collected amounts to Client, after settlement with any amounts owed by Client to the broker.

7. If Client turns out to be (co-)renting out the housing accommodation concerned or to have given it (co-)use to one or more persons or parties from whom Client has obtained the information from the Estate Agent, Client shall owe the agreed fee to the Estate Agent, regardless of whether the rental agreement was concluded through the mediation of the Estate Agent.

8. If, for whatever reason, the tenant with whom the Client has concluded a rental agreement through the intermediary of the Estate Agent, does not take up residence in the housing accommodation concerned, or if the rental agreement for this housing accommodation is terminated, destroyed or dissolved, the Client shall remain obliged to pay the agreed fee and the Client shall not be entitled to a full or partial refund thereof.

9. If a (housing) permit is required for the housing accommodation in question, obtaining this permit for the benefit of the Client and/or tenant will be at the expense and risk of the Client and the Client will be obliged to pay the agreed fee regardless of whether the permit has been or will be granted, unless the parties have agreed otherwise.

10. If, after negotiations with a prospective tenant have commenced, whether or not after the Client has signed a declaration of intent to that effect, the Client terminates the negotiations, frustrates them and/or is no longer willing to let the accommodation in question to the prospective tenant, the Client is obliged to compensate Broker for the damage he has suffered. The aforementioned damage shall in any case consist of an amount equal to the agreed compensation that the Client would owe if a definitive rental agreement were to be concluded for the residential accommodation. If the amount of the agreed compensation is based on the amount of the rent to be agreed with the prospective renter and no rent has yet been agreed, the compensation will be based on the Client’s initial rental offer. In addition, the Client is obliged to indemnify the Estate Agent against any damage suffered by the prospective tenant concerned.

11. Immediately after the Client and a prospective tenant have reached agreement on a rental agreement for a residential property through the mediation of the broker, the broker will, before drawing up a rental agreement to be signed by both parties, draw up a rental confirmation form of the core terms of the rental agreements. The client is obliged to sign this rental confirmation form immediately.

12. Client declares and guarantees in all respects (among other things in view of possible claims of whatever nature by any other entitled party/parties with regard to the housing accommodation, mortgage holder(s), insurer(s), (local) authorities, competent authorities, manager(s), other housing agent(s), Association of Owners and the like) to be entitled to offer and let the housing accommodation for rent and indemnifies the Estate Agent against all possible claims of third parties in this respect and against all extrajudicial and judicial costs to be incurred by the Estate Agent in this respect. Broker does not accept any liability whatsoever in this respect.

13. Client declares to be fully aware of the fact that, according to mandatory legislation, the tenant of housing accommodation is protected against, among other things, termination of the tenancy by the landlord, against excessively high rents, excessively high or incorrect service costs and excessively high or incorrect one-off fees when concluding tenancy agreements. The Principal (and not the Estate Agent) determines the desired duration of the rental agreement, the amount of the rental price, the amount of the deposit, the composition of the service package, the amount of (the advance payment for) the service costs and/or the amount of any one-off payments. The Estate Agent does not accept any liability for damage resulting from the content of the Lease Agreement, in particular with regard to its duration, the amount of the hire price, the amount of the deposit, the amount of (net advance payment for) the service costs, the composition of the service package and the amount of (one-off) fees.

14. The client declares to be aware that the statutory rent (price) protection referred to in Article 4, Paragraph 13 of this AVD also includes regulations limiting the possibility of temporary rental contracts to specific cases and that if a temporary rental contract is concluded in violation of the law or does not meet the applicable criteria, the tenant may ignore the temporary nature of the rental contract by invoking the law. The estate agent does not accept any liability for damage resulting from such reliance on the tenant’s rental protection, whether justified or not.

Article 5: Personal data

The Client’s personal details will be included in the administration of Broker. Without the Client’s permission, Broker will not provide any data to third parties, unless he is obliged to do so on the basis of a statutory obligation and/or that is useful or necessary for the execution of the assignment. The registered data will only be used by Broker for the purpose of the execution of the Client’s assignment.

Article 6: Effort obligation broker

The broker will make every effort, to the best of his ability and knowledge, to achieve the result desired or intended by the Client. This is at all times an obligation of Broker to make every effort and not an obligation to achieve a result. If the result is not achieved, this does not release the Client from its obligations towards the Estate Agent, with the exception of any obligations explicitly linked by the parties to achieving the intended result.

Article 7: Termination and termination of the Agreement

1. Unless agreed otherwise and without prejudice to the other provisions of this AVD, the agreement shall be terminated:

a. Achieving the result intended with the order as a result of Brokers efforts;

b. cancellation by the Client;

c. termination by Broker.

2. Termination of the agreement by the Client after the Client has given the notification referred to in Article 3, paragraph 6 of this AVD to the broker and after his possible right to withdraw the notification has expired, does not release the Client from his obligation to pay damages and obligation to indemnify the broker as referred to in the latter provision.

3. Termination of the agreement by the Client after negotiations have commenced with a prospective hirer as referred to in Article 4, paragraph 10 of this AVD does not release the Client from his obligation to pay damages and obligation to indemnify the broker as referred to in the latter provision.

4. The Client and the Estate Agent are authorised to terminate this agreement at any time. Amongst other things, the broker shall terminate the agreement if he has reason to fear that The client will not or not properly fulfil the rental agreement to be concluded, without prejudice to his claims to payment as provided for in this AVD.

5. Without prejudice to the claims for compensation provided for in this AVD, the parties cannot derive any right to compensation from the termination of the agreement by giving notice of termination, unless notice of termination is given due to the other party’s failure to fulfil one or more obligations.

Article 8: Duty to complain and forfeiture of rights

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

2. Client’s claims against Broker lapse after 1 year after the agreement has ended.

Article 9: Liability

1. The broker is not liable for damage of Client, including consequential damage, trading loss, loss of profit and/or stagnation damage, which is the result of his acts or omissions, that of his personnel or that of third parties engaged by him, in particular not for damage of Client which is the result of the situation that the agreed rent and/or the agreed service (costs) and/or the additional fees, one-off or otherwise, are not in accordance with the law or cannot be increased or decreased through legal proceedings.

2. The Estate Agent is not liable for damage that the Client suffers as a result of acts or omissions of the other party in the rental agreement to be concluded or brought about through the mediation of the Estate Agent.

3. Insofar as Broker is liable for damage suffered by Client, his liability shall be limited to the amount of the payment to be made by Brokers insurer in the occurring case, insofar as Broker is insured for this. If Broker is not insured as referred to above, Brokers liability shall be limited to twice the amount of the fee charged and/or to be charged by Broker to Client for its activities and/or services.

4. The limitation of Brokers liability for Client damage in this AVD does not apply if and insofar as the damage is due to intent and/or deliberate recklessness on the part of Broker.

Article 10: Payment

1. Unless otherwise agreed or stipulated in these Terms and Conditions, the Client must pay all that which he owes to the Estate Agent within 14 days of the invoice date. This period shall be deemed to be a deadline.

2. The Client shall pay all amounts owed by the Principal to the Estate Agent on time, without any appeal to discount, suspension, setoff, dissolution or undoing.

3. In the event of late payment of all amounts owed by the Client to the Estate Agent:

a. the Client shall owe the Estate Agent default interest in the amount of 1% per month, to be calculated cumulatively over the principal sum. Parts of a month are considered to be a full month;

b. after having been summoned to do so by the Estate Agent, the Client shall owe 15% of the principal sum and the default interest with a minimum of € 40.00 in respect of extrajudicial costs.

4. 4. In the event of non-fulfilment by the Principal of any obligation arising from the agreement, the Estate Agent is authorised, without further notice of default or judicial intervention being required, to dissolve the agreement in whole or in part and to claim compensation for his damage.

5. If Client has not fulfilled his payment obligations on time, Broker is authorised to suspend the fulfilment of his obligations until payment has been made. The same applies if, prior to the commencement of the default, the Estate Agent already has a reasonable suspicion that the Client will not fulfil his payment obligations. The risk for the consequences of suspension by the Estate Agent shall be for the account of the Client.

6. Payments made by the Client shall always serve to pay successively the interest owed, the costs owed and the longest outstanding invoices due.

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 shall be settled by the competent Dutch court, albeit that Broker, insofar as the law does not imperatively oppose this, has the right to bring a case before the competent court in the place where Broker has its registered office.