General terms and conditions home seeker
Article 1 Applicability
These mediation conditions apply to all offers and all mediation assignments, as well as the resulting supplementary mediation agreement(s) and arrangements between iRent 020 and the house-hunter, hereinafter referred to as 'Client'.
Article 2 Definitions
2.1. iRent 020: A housing agency registered with the Amsterdam Chamber of Commerce under number: 74273353 at web address: https://irent020.nl, hereinafter referred to as 'Broker'.
2.2. House-hunter: Any natural person or legal entity who instructs the Broker to mediate in the search for housing that is not part of the Broker's portfolio.
2.3 Mediation is understood to mean: the obligation of effort on the part of the Broker to bring Client into contact with potential landlords in exchange for payment of a mediation fee (brokerage), so that Client can conclude a rental agreement with a landlord of residential accommodation, including the assistance provided by the Broker during viewings of one or more residential accommodation as referred to in Article 7:425 of the Dutch Civil Code.
2.4 The mediation fee or brokerage commission is understood to mean the consideration payable by Client to Broker for his mediation activities.
2.5 Provisions that deviate from these general conditions for mediation only form part of the agreement concluded between the parties if and insofar as the parties have expressly agreed on this in writing.
2.6 In these general conditions of mediation, 'in writing' is also understood to mean: by e-mail, fax or any other means of communication that can be equated with this with a view to the state of the art and the socially accepted notions.
2.7 The written advice, documents, (valuation) reports, surveys, etc. to be produced by the Broker or provided by the Client will hereinafter be referred to as 'the documents'. The 'documents' are understood to mean written documents and works recorded on other media, such as computer disks, USB sticks or any other data carriers. All this, unless the parties have explicitly agreed otherwise in writing.
2.8 Broker reserves the right to change the general mediation conditions of Broker in the event of changed regulations.
2.9 The fact that, for whatever reason, a (part of a) provision of these General Conditions of Mediation does not apply does not affect the applicability of the other provisions.
Article 3 Agreements, assignments
3.1 Verbal agreements are only binding on Broker after they have been confirmed in writing by Broker or as soon as Broker, with the permission of Client, has started with the implementation activities.
3.2 Supplements or amendments to the general conditions of mediation or otherwise amendments or additions to the agreement will only become binding after written confirmation by Broker.
Article 4 Obligations of the Client, indebtedness of brokerage fees
4.1 Client must ensure that any information required for the implementation of the agreement is made available to Broker in a timely manner and in the form desired by Broker.
4.2 The Client shall cooperate in all respects with a proper execution of the mediation agreement by both parties. Client shall not do or omit to do anything that hinders or may hinder a proper execution of this agreement.
4.3 If Client and/or his relations turn out to be living in a residential property of which Client has obtained the information from Broker, Client owes Broker the commission, regardless of whether the lease was concluded through the mediation of Broker
4.4 If, for any reason whatsoever, Client does not take up residence in the dwelling for which a lease has been concluded through the mediation of the Broker, or if the lease for this dwelling is terminated, annulled or dissolved, Client remains obliged to pay the brokerage fee and Client has no right to a full or partial refund thereof.
4.5 If, after the agreement to rent a residential property has been made, Client no longer wishes to rent the residential property for reasons that are not attributable to Broker, Client is obliged to pay Broker an amount equal to the brokerage fee that Client would have owed Broker if a definite lease had been concluded with the relevant landlord. In addition, Client is obliged to indemnify Broker for any damages suffered by the relevant landlord.
4.6 If the obligations referred to in this article are not met in a timely manner, Broker has the right to suspend the implementation of the agreement until such time as Client has met these obligations. The costs associated with the delay or the costs of carrying out additional work or any other consequences arising from this are at the expense and risk of the Client.
4.7 If Client requests iRent 020 to submit a rental proposal to a third party, actually has iRent 020 submit it to a third party and, after agreement, for reasons not attributable to iRent 020, Client waives the right to the object, Client shall be due an amount of €250,- excluding VAT.
Article 5 Personal data
The personal data of Client are included in the administration of Broker. Broker will not provide data to third parties without Client's permission. The registered data will only be used by Broker for the performance of the agreements it concludes with Client.
Article 6 Progress, performance of assignment/agreement
6.1 Broker is obliged to carry out the assignment/agreement in a competent, careful manner and in accordance with the standards applicable in his line of business.
6.2 The Estate Agent cannot be obliged to commence work before all the necessary information is in his possession.
Article 7 Duration of the agreement, obligation of the broker to perform to the best of his ability
7.1 An agreement for mediation runs for an indefinite period of time, unless otherwise agreed in writing.
7.2 The Estate Agent shall make every effort to the best of his knowledge and ability to achieve the result desired and/or envisaged by the Client. This is at all times an obligation of effort on the part of Broker and not an obligation to guarantee a certain result. If the aforementioned result is not achieved, this does not release Client from his obligations towards Broker, with the exception of any obligations that the parties have explicitly linked to the achievement of the intended result.
Article 8 Termination and cancellation of the brokerage agreement
8.1 Unless otherwise agreed and without prejudice to the other provisions in these general conditions of mediation, the mediation agreement ends, among other things, by:
a. Performance of the agreement by Broker;
b. cancellation by the Client;
c. Termination by Broker.
8.2 The agreement is fulfilled as soon as the intended result has been achieved.
8.3 Client and Broker are authorised to terminate this agreement at any time.
8.4 The parties may not derive any right to compensation from the termination of the agreement by notice, unless notice is given on account of the other party's failure to fulfil one or more obligations.
Article 9 Brokerage commission
9.1 The house-hunter gives the broker an assignment to search for housing that largely or entirely meets the specified selection preferences. The broker works according to the 'No Cure No Pay' principle. After suitable accommodation is found for the house-hunter, the house-hunter owes the Estate Agent a mediation fee (equal to one month's rent, including VAT) if the Estate Agent through her mediation brings about a tenancy agreement. This mediation fee must be paid before the keys of the rented property are handed over.
9.2 If the amount due is not paid within the payment term, a reminder is sent. If the claim remains unpaid within 7 days of the first reminder, a second reminder shall be sent. With the second reminder, the house-hunter shall owe contractual interest equal to the statutory interest on the invoice amount. If the claim is not paid within 7 days after the second reminder, Home Seeker shall owe the Estate Agent extrajudicial collection costs of 15% of the invoice amount, with a minimum of €250. If no payment has been received, Home Seeker is liable for the costs incurred by the Estate Agent in collecting his claim.
9.3 The house-hunter shall owe the Broker the full commission if it appears that the house-hunter, without the Broker's knowledge, has subsequently accepted the accommodation which was previously offered to him by the Broker and which he refused.
9.4 If Home Seeker instructs the Broker to mediate in finding a residence, Home Seeker is obliged to have a rental agreement with a housing provider concluded through mediation of the Broker. If the rental agreement is concluded in another way, house-hunter owes the Broker a fine of one month's rent including VAT.
9.5 The house-hunter must have complied with the following before the housing accommodation is made available to him:
- the rental agreement must be signed by all parties;
- the house seeker has paid the due rent and deposit;
- the house-hunter has paid the brokerage commission.
9.6 The parties may not derive any right to compensation from the termination of the agreement by notice, unless notice is given on account of the other party's failure to fulfil one or more obligations.
Article 10 Liability
10.1 If Broker mediates in the conclusion of a lease agreement between landlord and tenant, Broker is never a party to the lease agreement and he is not liable for the content and implementation of the lease agreement. Under no circumstances will Broker be liable for any damage suffered by the Client as a result of the situation in which the rent and/or the agreed service(s) costs and/or the additional (non-recurring) fees do not comply with the law.
10.2 Broker fulfils his task as can be expected from a company in his line of business, but accepts no liability whatsoever for damage, including consequential damage, trading loss, loss of profits and/or stagnation damage, which is the result of actions or omissions of Broker, his personnel or third parties engaged by him.
10.3 The Estate Agent is not liable for any damage suffered by the Client as a result of actions or omissions on the part of the other party to the lease concluded through the intermediary services of the Estate Agent.
10.4 The limitations of liability included in this article do not apply if the damage is due to intent and/or deliberate recklessness on the part of Broker.
10.5 Notwithstanding the provisions in the other paragraphs of this article, the liability is at all times limited to the amount of the payment to be made by Broker's insurer in the case in question, insofar as Broker is insured for this.
10.6 If Broker is not insured as referred to in the previous paragraph, Broker's liability is at all times limited to twice the amount of the brokerage fee charged and/or to be charged by Broker to the Client for his activities and/or services.
10.7 The broker is not liable for the consequences of any damage and/or defects to the accommodation that are present at the time of acceptance of the accommodation by the client. It is the client's responsibility to check the accommodation for any damage and/or defects and, if necessary, to call the lessor to account for this.
Article 11 Competent court, applicable law
11.1 The agreement concluded between Broker and Client is governed exclusively by Dutch law. Disputes arising from this agreement will also be settled under Dutch law.
11.2 Any disputes will be settled by the competent Dutch court, although Broker, insofar as the law does not imperatively oppose this, has the authority to bring a case before the competent court in the place where Broker has its registered office.