GENERAL TERMS AND CONDITIONS OF SERVICE RELO WONEN
Article 1: Applicability, definitions
- These General Terms and Conditions of Services, hereinafter referred to as the ‘TCS’, apply to all agreements that RELO Wonen concludes with its Clients.
- Mediation means: the best efforts obligation of RELO Wonen aimed at the realization, on payment of a fee by the Client, of a lease for a Property between the Client and his counterparty, as referred to in Section 7: 425 of the Netherlands Civil Code. RELO Wonen will never accept an assignment for mediation for the same accommodation from the counterparty of the Client. A mediation assignment is not part of a search assignment as referred to in article 3 paragraph 1 of this TCS (hire) and article 4 paragraph 1 of this TCS (rental). A search and an assignment to mediate can be combined.
- If the Client is the party that wishes to rent this accommodation and has provided RELO Wonen with an assignment for mediation, the other party shall mean the (prospective) lessor of the relevant accommodation. If the Client is the party that wishes to rent this accommodation and has provided RELO Wonen with an assignment for mediation, the other party means the (prospective) tenant of the relevant accommodation.
- Provisions that deviate from this TCS only form part of the agreement concluded between the parties if and insofar as parties have expressly agreed in writing.
- If the Client consists of two or more (legal) persons, they shall be jointly and severally liable towards RELO Wonen for the fulfillment of all obligations towards RELO Wonen.
- For whatever reason, the applicability of the other provisions will not be affected by any (part of) provision of these General Terms and Conditions of Services.
Article 2: Cooperation of the Client to the execution of the agreement
- The parties will not do anything and / or neglect that impedes or can impede the proper execution of this agreement. The Client shall cooperate in all respects to the proper execution of the agreement by both parties, for example by timely making all necessary information and documents available to RELO Wonen.
- RELO Wonen will not start the execution of work until the Client has provided him with all necessary data and documents and the Client has made the (agreed) payment and / or down payment agreed.
Article 3: If the Client is a house hunter (renting)
Content of the assignment. Services and working methods of RELO Wonen
- The term ‘search assignment’ means the best efforts obligation of RELO Wonen aimed at finding suitable rental Property for Client.
- The activities of RELO Wonen may, depending on the wishes of the Client and what parties agree on this when the contract is concluded and which may subsequently be further agreed, consist of, among other things, the following components:
- Providing general information for finding a home, the local housing market, the housing permit, the housing allowance, the rent protection, the rents, the registration in the municipal personal records database;
- Setting up the search profile of the Client;
- the search for accommodation suitable for the Client on the basis of the housing requirements / search profile of the Client;
- organizing one or more viewings with the Client and giving information about one or more home (s);
- Evaluation of viewings with the Client;
- Screening the landlord through experiences from the practice of us and third parties.
- compiling a complete file about the Client and recommending this on the basis of that of the Client as potential tenant with potential landlord (s) and making every effort to grant the relevant Property to the Client;
- conducting negotiations on behalf of the Client with potential landlord (s) about the contents of the lease;
- the conclusion of a written lease and the signing of the lease by both parties;
- giving information about and an explanation of the lease.
- ensuring that the first payment to the lessor is made on time;
- organizing the delivery of the Property;
- drawing up a proper inspection report (with photos) including recording of the meter readings, control keys, inventory check, inventory of defects;
- ensuring that the lessor fulfills his obligations at the start of the lease;
- acting as a source of information for matters that arise after the conclusion of the tenancy agreement during the rental period;
- Possibly providing support with: the utilities connections, a telephone and internet.
- In the performance of its work, RELO Wonen will only represent the interests of the Client and not of the (prospective) lessor.
- RELO Wonen will never mediate on behalf of both the (prospective) landlord of a Property and the Client in the realization of a lease for that Property.
- The Client will provide RELO Wonen on its own initiative with all information, data and documents that are necessary for the execution of the assignment and the Client warrants its correctness. 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 (which show salary payments), employer’s statements. RELO Wonen has the right to share this information, data and documents with third parties insofar as this is useful and necessary to fulfill the assignment.
- After the Client has informed RELO Wonen that he wishes to rent a residential property proposed by RELO Wonen with the request to RELO Wonen to inform the landlord and to mediate in the realization of a lease with the landlord, RELO Wonen will confirm to Client by e-mail. The Client has the right to withdraw his notification as referred to above by notifying RELO Wonen by e-mail within 24 hours after sending this e-mail. This right expires after this period of 24 hours. The Client does not have this right if he has made his communication as mentioned above in writing or by e-mail to RELO Wonen or has confirmed it in a letter of intent signed by the Client.
- Reimbursement for the services provided by RELO Wonen. If the RELO Wonen services results in a lease for accommodation between the Client and a lessor, the Client will owe RELO Wonen a fee (brokerage fee). This compensation is laid down in the agreement between the parties (service contract). This fee is owed by the Client to RELO Wonen at the conclusion of the rental agreement.
- The compensation is deemed to be a reasonable compensation for the activities that RELO Wonen performs for the Client to execute the agreement. In doing so, the parties take into account that the remuneration due is a customary market rate that is not linked to the scope of the work to be performed by RELO Wonen, but to a result to be achieved.
- RELO Wonen has the right to ensure that the Client can only purchase the accommodation after the compensation has been paid to RELO Wonen.
- If the Client and / or his relations appear to live in aaccomodation, of which the Client has obtained the data from RELO Wonen, the Client will owe RELO Wonen the agreed fee regardless of whether the rental agreement has been concluded through the intermediation of RELO Wonen. .
- If, for whatever reason, the Client does not reside in the accommodation for which a rental agreement has been concluded through the mediation by RELO Wonen, or if the rental agreement for this accommodation is terminated, destroyed or dissolved, the Client remains obliged to pay the agreed fee. to pay and Client is not entitled to full or partial refund thereof.
- If the Client, after having given notice or written confirmation as referred to in Article 3 paragraph 6 of this TCS to RELO Wonen, and after his possible right to withdraw the notice has expired, his notice will be withdrawn or otherwise the establishment of a rental agreement frustrates, the Client is obliged to compensate RELO Wonen for the damage suffered. The aforementioned damage will in any case consist of an amount equal to the agreed compensation that the Client would owe if a definitive lease was concluded for the Property. If the amount of the agreed fee is based on the amount of the rental price to be agreed with the prospective landlord and no rent has yet been agreed, the compensation will be based on the gross rental price of the initial rental offer of the prospective landlord. . In addition, the Client is obliged to indemnify RELO Wonen for any damage suffered by the relevant prospective landlord.
- Immediately after the Client and a prospective landlord have reached agreement on a lease for a Property through the mediation of RELO Wonen, RELO Wonen will draw up a rental confirmation form of the core provisions of the lease agreements before signing a rental agreement to be signed by both parties. . The client is obliged to sign this rental confirmation form immediately.
Article 4: If the Client is the homeowner’s Property (rental)
- ‘Search assignment’ means the best efforts obligation of RELO Wonen aimed at finding a suitable tenant for the Client for the Property concerned.
- The activities of RELO Wonen may, depending on the wishes of the Client and what the parties agree on when concluding the agreement and possibly afterwards further agree, include:
- advising on the rental of the property and market conditions;
- accommodation and profile of the desired rental candidate;
- inspecting of the property;
- recording of the meter readings;
- taking photos of the property;
- placing photos and information about the property on the RELO Wonen website, on various real estate websites, with other agents / brokers and / or in other media;
- pre-screening potential tenant (s);
- conducting negotiations with potential tenant (s) on behalf of the Client regarding the contents of the lease;
- the conclusion of a written lease and the signing of the lease by both parties;
- giving 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 property;
- drawing up a proper inspection report (with photos) including recording of the meter readings, control keys, inventory check, inventory of defects;
- acting as a source of information for matters that arise after the rental agreement has been concluded during the rental period.
- The Client will provide RELO Wonen, on its own initiative, with all information and documents that are necessary for the execution of the assignment and the Client warrants its correctness.
- If RELO Wonen derives a lease for the accommodation from the mediation by RELO Wonen, the Client shall owe RELO Wonen the compensation (brokerage fee) agreed between the parties. This commission is due by the Client within 1 day after the invoice to be sent to him by RELO Wonen.
- The compensation is deemed to be a reasonable compensation for the work performed by RELO Wonen for the Client for the performance of the agreement. In doing so, the parties take into account that the remuneration due is a customary market rate that is not linked to the scope of the work to be performed by RELO Wonen, but to a result to be achieved.
- The Client will instruct RELO Wonen to collect the amounts from the tenant for the first month of gross rent and the deposit. RELO Wonen will transfer the collected amounts to the Client, after settlement with any amounts owed by the Client to RELO Wonen.
- If the Client appears to rent out or have given the relevant living space into use to one or more persons or parties, from whom the Client has obtained the data from RELO Wonen, the Client will owe the agreed fee to RELO Wonen, regardless of whether the rental agreement has been concluded by mediation of RELO Wonen has come about.
- If for any reason whatsoever the tenant, with whom the Client has concluded a rental agreement through the intermediary of RELO Wonen, will not reside in the relevant accommodation, or if the lease for this accommodation is terminated, destroyed or dissolved, the Client will remain obliged to agreed fee and the Client is not entitled to full or partial refund.
- If a (housing) permit is required for the Property concerned, obtaining this permit for the Client and / or the lessee is at the risk and expense of the Client and the Client is obliged to pay the agreed fee regardless of whether the license has been granted. or will be granted unless parties have agreed otherwise.
- If the Client, after the negotiations with a 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 the relevant accommodation to the prospective tenant, Client is obliged to compensate RELO Wonen for the damage suffered by him. The aforementioned damage will in any case consist of an amount equal to the agreed compensation that the Client would owe if a definitive lease was concluded for the Property. If the amount of the agreed fee 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 of the Client. In addition, the Client is obliged to indemnify RELO Wonen for any damage suffered by the relevant prospective tenant.
- Immediately after the Client and a prospective tenant have reached agreement on a lease for a Property through the mediation of RELO Wonen, RELO Wonen will draw up a rental confirmation form of the core stipulations of the lease agreements before signing a rental agreement to be signed by both parties. The client is obliged to sign this rental confirmation form immediately.
- The client declares and guarantees in all respects (among other things, in view of possible claims of whatever nature of any other rightful claimant (s) regarding the accommodation, mortgage holder (s), insurer (s), (local) authorities, competent authorities, manager (s), other real estate broker (s), Association of Owners) are entitled to offer and lease the accommodation for renting and indemnifies RELO Wonen for all possible claims by third parties in this respect and for all RELO Wonen to make extrajudicial and judicial costs. RELO Wonen does not accept any liability in this respect.
- Client declares to be fully aware that according to mandatory legislation the tenant of a rental property is protected against, among other things, termination of the rent by the landlord, against excessive rents, excessive or incorrect service costs and excessive or incorrect one-off fees at the conclusion of lease agreements. Client (and not RELO Wonen) 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 fees. RELO Wonen does not accept any liability for damage resulting from the contents of the rental agreement, particularly with regard to its duration, the level of the rental price, the amount of the deposit, the amount of (the advance for) the service costs , the composition of the service package and the (amount of) one-off fees.
- Client declares to be aware that the statutory rent (price) protection referred to in article 4 paragraph 13 of this TCS also includes arrangements that restrict the possibility of temporary lease contracts to specific cases and that, if a temporary lease is concluded If it is in violation of the law or does not meet the applicable criteria, the tenant can ignore the temporary nature of the lease by invoking the law. RELO Wonen does not accept any liability for damage resulting from such a legitimate or incorrect appeal to the tenant’s rent protection.paragraph 13 of this TCS also includes arrangements that limit the possibility of temporary lease contracts to specific cases and that, if a temporary lease is concluded in is contrary to the law or does not meet the applicable criteria, the tenant can ignore the temporary nature of the lease by invoking the law. RELO Wonen does not accept any liability for damage resulting from such a legitimate or incorrect appeal to the tenant’s rent protection.
Article 5: Personal data
The personal details of the Client are recorded in the administration of RELO Wonen. RELO Wonen does not provide data to third parties without the permission of the Client, unless it is obliged to do so on the basis of a legal obligation and / or that is useful or necessary for the execution of the assignment. The registered data will only be used by RELO Wonen for the performance of the assignment of the Client.
Article 6: Exercise obligation RELO Wonen
RELO Wonen will make every effort to achieve the result desired by the Client. This is always a best effort obligation of RELO Wonen and no obligation of results. If the result is not forthcoming, this does not discharge Client his obligations towards RELO Wonen, with the exception of any obligations that are explicitly linked by the parties to achieving the intended result.
Article 7: Termination and termination of the agreement
- Unless otherwise agreed and without prejudice to the other provisions in this TCS, the agreement will terminate, inter alia:
- achieving the intended result of the efforts of RELO Wonen;
- cancellation by the Client;
- due to the death of the Client;
- because the Client has been placed under administration or the management of his assets has been lost;;
- because a suspension of payment has been granted to the Client;
- because the Client has been declared bankrupt, an application has been filed for bankruptcy or has been placed under guardianship;
- because the client remains in default with regard to the provisions of this agreement.
- Termination of the agreement by the Client after it has made the notification as referred to in Article 3 paragraph 6 of this TCS to RELO Wonen and after its possible right to withdraw the notice has expired, the Client does not release from his liability to pay and obligation to indemnification against RELO Wonen as referred to in the latter provision.
- Termination of the agreement by the Client after the negotiations with a prospective tenant have commenced as referred to in article 4 paragraph 10 of this TCS does not release the Client from his liability for damages and obligation to indemnify RELO Wonen as referred to in the latter provision.
- The client and RELO Wonen are entitled to terminate this agreement at any time. RELO Wonen will terminate the agreement if, among other things, it has to fear that the Client will not or not properly comply with the rental agreement to be effected, without prejudice to its claims to payment as provided in this TCS.
- Without prejudice to the claims for compensation provided for in this TCS, the parties can not derive termination rights from the termination of the agreement by giving notice of termination, unless notice of default is given by the other party in the fulfillment of one or more obligations.
Article 8: Complaint obligation and cancellation of rights
- Complaints relating to the work and / or services provided by RELO Wonen must be notified by registered letter within 2 months after discovery or after the Client should reasonably have discovered this by being notified to RELO Wonen by the Client, failing which the Client shall not profession can do more on any defects in the performance of RELO Wonen.
- Claims of the Client on RELO Wonen expire after one year after the agreement has ended.
Article 9: Liability
- RELO Wonen is not liable for damage by the Client, including consequential loss, loss of profits and / or stagnation damage, which is the result of its actions or omissions, that of its personnel or that of third parties engaged by it, in the in particular not for damage of the Client which is the result of the situation that the agreed rental price and / or the agreed service (costs) and / or the additional one-off reimbursements are not in accordance with the law or through legal procedures (can) be raised or lowered.
- RELO Wonen is not liable for damage that the Client suffers as a result of acts or omissions of the other party in the realization of the rental agreement concluded or concluded by mediation of RELO Wonen.
- Insofar as RELO Wonen is liable for damage of the Client, his liability is limited to the amount of the payment to be made by the insurer of RELO Wonen in the case in question, insofar as RELO Wonen is insured for this. If RELO Wonen is not insured as referred to above, the liability of RELO Wonen is limited to twice the amount of the fee charged and / or to be paid by RELO Wonen to the Client for its activities and / or services.
- Limitation of the liability of RELO Wonen for damage of the Client in this TCS does not apply if and insofar as the damage is due to intent and / or conscious recklessness of RELO Wonen.
- RELO Wonen can not be held liable by the Client for the misconduct or behavior of the tenant which is in violation of the law, in particular if the tenant operates a weed plantation or acts in narcotics which are prohibited under the Opium Act.
- Client is responsible for the actions and behavior of the tenant. This can never be attributed to RELO Wonen.
Article 10: Payment
- Unless otherwise agreed or stipulated in these conditions, the Client must pay all that he owes to RELO Wonen within five days of the invoice date. This term is a deadline.
- All that the Client owes to RELO Wonen will be paid in time by the Client without any recourse to discount, suspension, set-off, dissolution or undoing.
- In the event of late payment of all that the Client owes to RELO Wonen:
- the Client owes RELO Wonen a late payment interest of 1% per month, to be calculated cumulatively over the principal sum. Portions of a month are considered full months;
- In the event of overdue payment as referred to in paragraph 1 of this article, the Client shall be obliged to pay in addition to the amount owed and the interest and administration costs incurred thereupon to full compensation for both extrajudicial and judicial collection costs, including the costs for lawyers, bailiff ¬ders and collection agency. The extrajudicial costs will be charged in accordance with the model of the WIK (legal collection costs).
- RELO Wonen is authorized in case of non-performance by the Client of any obligation from the agreement, without further notice or judicial intervention, to terminate the agreement in whole or in part and to claim compensation for his damage.
- If the Client has not fulfilled its payment obligations in time, RELO Wonen is entitled to suspend the fulfillment of its obligations until the payment has been made. The same applies if RELO Wonen already reasonably suspects that the Client will not meet his payment obligations before the occurrence of default. The risk for the consequences of suspension by RELO Wonen is at the expense of the Client.
- Payments made by the Client always serve to settle the interest due, the costs owed and the due and payable invoices that have been outstanding the longest.
Article 11: Competent court, applicable law
- Only Dutch law applies to the agreement concluded between RELO Wonen and the Client.
- Any disputes will be settled by the competent Dutch court, albeit that RELO Wonen, in so far as the law does not enforce it there