General terms and conditions
Article 1 Applicability
These Mediation Terms and Conditions apply to all offers and to all mediation assignments, as well as the resulting supplementary mediation agreement(s) and agreements 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 to be referred to under web address: https://irent020.nl, hereinafter referred to as 'Broker'.
2.2. Home Seeker: Any natural or legal person, who instructs the Estate Agent to mediate in the search for residential accommodation that is not part of the Estate Agent's portfolio.
2.3 Mediation is understood to mean: the effort obligation of the Broker aimed at bringing the Principal into contact with potential landlord(s) against payment of a mediation fee (brokerage fee) by the Principal, so that the Principal concludes a tenancy agreement with a landlord of a living space, including the assistance by the Broker during viewings of one or more living space(s) as referred to in article 7:425 of the Dutch Civil Code.
2.4 Mediation fee or brokerage commission means the consideration payable by the Client to the Broker for his mediation activities.
2.5 Provisions deviating from these general mediation conditions shall only form part of the agreement concluded between the parties if and insofar as the parties have expressly agreed so in writing.
2.6 In these general mediation conditions, 'in writing' also means by e-mail, by fax or by any other means of communication which, in view of the state of the art and generally accepted views, can be equated with this.
2.7 The written advice, documents, (valuation) reports, surveys, etc. to be produced by the Broker or provided by the Principal shall be referred to in the following as 'the documents'. The 'Documents' shall mean written documents and works recorded on other media, such as on computer disks, USB sticks or any other data carriers. All this, unless the parties have expressly agreed otherwise in writing.
2.8 Broker reserves the right to amend Broker's general mediation conditions in the event of amended regulations.
2.9 The inapplicability, for whatever reason, of any (part of a) provision of these general mediation conditions does not affect the applicability of the remaining provisions.
Article 3 Agreements, orders
3.1 Verbal agreements shall bind Broker only after they have been confirmed in writing by Broker or as soon as Broker has commenced execution actions with the consent of Principal.
3.2 Additions or amendments to the general mediation conditions or otherwise changes or additions to the agreement shall only become binding after written confirmation by Broker.
Article 4 Obligations of Client, owing of brokerage fee
4.1 The Client must ensure that any information required for the execution of the agreement is made available to the Broker in good time and in the form required by the Broker.
4.2 The Client shall in all respects n its cooperation in the proper execution of the mediation agreement by both parties. The Client shall not do anything and/or refrain from doing anything that impedes or may impede the proper execution of this agreement.
4.3 If Principal and/or his relations turn out to live in a residential space, of which Principal has obtained the information from Broker, Principal owes the brokerage fee to Broker, regardless of whether the rental agreement was concluded through the mediation of Broker
4.4 If, for whatever reason, the Client does not take up residence in the dwelling for which a rental agreement has been concluded through the mediation of the Estate Agent, or if the rental agreement for this dwelling is terminated, annulled or dissolved, the Client shall remain obliged to pay the brokerage fee and the Client shall not be entitled to a full or partial refund thereof.
4.5 If after giving an agreement for the lease of a residential space, for reasons not attributable to the Estate Agent, Client no longer wishes to lease the residential space, Client shall pay to the Estate Agent an amount equal to the broker fee that Client would have owed to the Estate Agent if a definitive lease had been concluded with the relevant Landlord. In addition, Principal is obliged to indemnify Makelaar for any damages suffered by the relevant landlord.
4.6 If the obligations mentioned in this article are not fulfilled in time, Estate Agent is entitled to suspend the execution of the agreement until the moment that Client has fulfilled these obligations. The costs in connection with the delay or the costs for carrying out additional work or the other consequences arising from this shall be at the expense and risk of the Client.
4.7 If the Client requests iRent 020 to submit a rental proposal to a third party, actually has it submitted by iRent 020 to a third party and after agreement declines - for a reason not attributable to iRent 020 - to rent an object, the Client shall owe an amount of €1.000 excluding 21% VAT.
Article 5 Personal data
Client's personal data will be included in Broker's records. Broker does not provide any data to third parties without Client's consent. The registered data will be used by Broker exclusively for the purpose of executing agreements concluded by it with Client.
Article 6 Progress, execution of assignment/agreement
6.1 The Estate Agent is obliged to execute the assignment/agreement in an expert, careful manner and in accordance with the standards applicable in its branch for this purpose.
6.2 Broker cannot be obliged to start carrying out the work before all necessary information is in its possession.
Article 7 Duration of agreement, broker's obligation to use best efforts
7.1 A mediation agreement runs for an indefinite period of time, unless otherwise agreed in writing.
7.2 Broker shall make every effort to the best of his ability and knowledge to achieve the result desired or intended by Principal. This is at all times an effort obligation on the part of the Estate Agent and not an obligation to achieve a result. If the aforementioned result is not achieved, this does not relieve the Client of his obligations towards the Estate Agent, with the exception of any obligations explicitly linked by the parties to achieving the intended result.
Article 8 End and termination of the mediation agreement
8.1 Unless otherwise agreed and without prejudice to the other provisions of these general mediation conditions, the mediation agreement shall end, inter alia, by:
- a. fulfilment of the agreement by Broker;
- b. cancellation by Client;
- c. termination by Broker.
8.2 The agreement is fulfilled as soon as the intended result is achieved.
8.3 Client and Broker are authorised to terminate this agreement at any time.
8.4 The parties cannot derive a right to compensation from the termination of the agreement by notice of termination, unless notice of termination is given due to the other party's failure to fulfil one or more obligations.
Article 9 Mediation commission
9.1 The Home Seeker instructs the Estate Agent to search for accommodation that largely or entirely meets the specified selection preferences. The Estate Agent works in accordance with 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 and a half months rent, excluding VAT) if the Estate Agent brings about a rental agreement through its mediation. This mediation fee must be paid before the keys to the leased property are handed over.
9.2 If the amount due is not paid within the payment period, a reminder will be sent. If no later than 7 days after the first reminder the claim is not paid, a second reminder will be sent. With the second reminder, the house hunter will owe contractual interest on the invoice amount equal to the statutory interest rate. If no later than 7 days after the second reminder the claim is not paid, the house-hunter will owe the Estate Agent extrajudicial collection costs of 15% of the invoice amount with a minimum of €250. If payment has not yet been received, the house-hunter will be liable for the costs incurred by the Estate Agent for collection of its claim.
9.3 The house-hunter shall owe the Broker the full brokerage fee if it turns out that the house-hunter, without the knowledge of the Broker, has nevertheless subsequently accepted the housing accommodation, which was previously offered to the house-hunter by the Broker and he refused.
9.4 If Home Seeker instructs the Estate Agent to mediate in finding a dwelling, Home Seeker is obliged to have a rental agreement with a housing provider come about through the mediation of the Estate Agent. If the rental agreement is established by other means, Home Seeker shall owe a penalty to the Estate Agent of one month's rent including VAT.
9.5 The house seeker must have fulfilled 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 rent and deposit due;
- the house seeker has paid the brokerage commission to the Estate Agent.
9.6 The parties cannot derive a right to compensation from the termination of the agreement by notice of termination, unless notice of termination is given due to the other party's failure to fulfil one or more obligations.
Article 10 Liability
10.1 If Broker mediates in the conclusion of a tenancy agreement between Landlord and Tenant, Broker is never a party to the tenancy agreement and he is not liable for the content and implementation of the tenancy agreement. Under no circumstances shall the Estate Agent be liable for the loss of the Client resulting from the situation that the lease price and/or the agreed service (costs) and/or the additional one-off or non-recurring fees are not in accordance with the law.
10.2 Broker discharges its duties as may be expected of a company in its line of business, but accepts no liability whatsoever for damage, including consequential damage, trading loss, loss of profit and/or stagnation damage, resulting from acts or omissions of Broker, its personnel or third parties engaged by it.
10.3 Broker is not liable for damage suffered by Client as a result of acts or omissions thereof by the other party to the tenancy agreement concluded through the mediation of Broker.
10.4 The limitations of liability included in this article do not apply if the damage is due to intent and/or deliberate recklessness of Broker.
10.5 Without prejudice to the provisions in the other paragraphs of this article, the liability shall at all times be limited to the amount of the payment to be made by the Broker's insurer in the relevant case, insofar as Broker is insured for this.
10.6 If Broker is not insured as referred to in the previous paragraph, Broker's liability shall at all times be limited to twice the amount of the brokerage fee charged and/or to be charged by Broker to Principal for her activities and/or services.
10.7 Broker is not liable for the consequences of any damage and/or defects to the property present at the time of acceptance of the property by Client. It is up to the Client to check the property for any damage and/or defects and, if necessary, to hold the landlord accountable.
Article 11 Competent court, applicable law
11.1 The agreement concluded between Broker and Client is exclusively governed by Dutch law. Disputes arising from this agreement shall also be settled under Dutch law.
11.2 Any disputes will be settled by the competent Dutch court, albeit that Broker, insofar as the law does not imperatively oppose this, is entitled to bring a case before the competent court in the place where Broker is established.
