Terms and Conditions
Article 1: Applicability, definitions
1. These terms and conditions apply to all offers and to all brokerage agreements that Weenawonen, hereinafter referred to as ‘Estate Agent’, concludes with its Clients in their capacity as prospective tenant, hereinafter referred to as ‘Client’.
2. Mediation is understood to mean: the best efforts obligation of the Estate Agent aimed at bringing the Client into contact with potential landlord(s) against payment of a brokerage fee (brokerage fee), so that the Client concludes a rental agreement with a landlord of a residential space, including including the guidance by the Estate Agent during viewing(s) of one or more living space(s) as referred to in Section 7:425 of the Dutch Civil Code.
3. Brokerage fee or brokerage is understood to mean the consideration owed by the Client to the Estate Agent for its mediation work.
4. If in the following a provision specifically refers to the situation in which the Client is a natural person who does not act in the exercise of a profession or business, this will be referred to as ’the consumer’.
5. Provisions that deviate from these general brokerage conditions only form part of the agreement concluded between the parties if and insofar as the parties have expressly agreed so in writing.
6. In these general terms and conditions of mediation, ‘in writing’ also includes: by e-mail, by fax or by any other means of communication that can be equated with this in view of the state of the art and the prevailing views in society.
7. The written advice, documents, (valuation) reports, investigations, etc. to be produced by the Estate Agent or provided by the Client will be referred to below as ’the documents’. ‘The documents’ are understood to mean written documents and works recorded on other media, such as on computer disks, on USB sticks or any other data carriers. All this, unless the parties have expressly agreed otherwise in writing.
8. 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.
9. The inapplicability of a (part of a) provision of these general brokerage conditions for whatever reason does not affect the applicability of the other provisions.
10. If the Estate Agent does not demand compliance by the Client within reasonable haste, this shall not affect the Estate Agent’s right to compliance.
11. The Client cannot invoke the fact that the general brokerage conditions have not been handed over to him if the Estate Agent has already submitted these general brokerage conditions to the Client before another transaction.
12. The Estate Agent reserves the right to change the Estate Agent’s general brokerage conditions in the event of amended regulations.
Article 2: Agreements, assignments.
1. Oral agreements are only binding for the Estate Agent after these have been confirmed in writing by the Estate Agent or as soon as the Estate Agent has commenced the implementation acts with the consent of the Client.
2. Additions or changes to the general brokerage conditions or other changes or additions to the agreement only become binding after written confirmation by the Estate Agent.
Article 3: Obligations of the Client, indebtedness of brokerage.
1. The Client must ensure that any information required for the execution of the agreement is made available to the Estate Agent in a timely manner and in the form desired by the Estate Agent.
2. The Client will cooperate in all respects in the proper execution of the brokerage agreement by both parties. The Client will not do and/or omit anything that hinders or may impede a proper execution of this agreement.
3. If the Client and/or his relations appear to be going to live in a residential space, of which the Client has obtained the information from the Estate Agent, the Client owes the brokerage commission, regardless of whether the lease was concluded through the Estate Agent’s mediation.
4. If, for whatever reason, the Client does not live in the house for which a rental agreement has been concluded through the brokerage, or if the rental agreement for this house is terminated, annulled or dissolved, the Client remains obliged to pay the commission. and the Client is not entitled to a full or partial refund thereof.
5. If the Client qualifies for residential accommodation for which a permit is required, then obtaining this permit is at the expense and risk of the Client and the Client is obliged to pay the commission regardless of whether the permit has been or will be granted, unless the parties agree otherwise. agreed.
6. If the Client no longer wishes to rent the accommodation for reasons that are not attributable to the Estate Agent, after agreeing to rent a living space, the Client is obliged to pay the Estate Agent an amount equal to the brokerage fee. that the Client would have owed to the Estate Agent if a definitive rental agreement had been concluded with the relevant landlord. In addition, the Client is obliged to indemnify the Estate Agent for any damage suffered by the relevant lessor.
7. If the obligations referred to in this article are not met in time, the Estate Agent is entitled to suspend the execution of the agreement until the Client has fulfilled these obligations. The costs in connection with the incurred delay or the costs for performing additional work or the other consequences arising from this are for the account and risk of the Client.
Article 4: Personal data
The personal data of the Client will be included in the Estate Agent’s administration. The Estate Agent will not provide any data to third parties without the Client’s permission. The registered data will only be used by the Estate Agent for the execution of the agreements it has concluded with the Client.
Article 5: Time limits
1. Specified periods within which the Estate Agent must perform the work or provide the documents and/or services can never be regarded as strict deadlines, unless the parties have expressly agreed otherwise in writing. If the Estate Agent does not fulfill its obligations under the agreement or does not comply in time, it must therefore be given written notice of default.
2. The Estate Agent is authorized – with regard to the fulfillment of the Client’s financial obligations – to demand advance payment or security from the Client before starting or continuing the work to be performed.
Article 6: Progress, execution of the agreement
1. The Estate Agent is obliged to perform the agreement in an expert, careful manner and in accordance with the standards applicable in its sector.
2. The Estate Agent cannot be obliged to start the execution of the work until all necessary information is in its possession and it has received any agreed (advance) payment.
Article 7: Duration of agreement, broker’s best efforts obligation
1. An agreement for mediation is for an indefinite period, unless otherwise agreed in writing.
2. The Estate Agent will make every effort to achieve the desired or intended result by the Client. This is at all times a best efforts obligation of the Estate Agent and not an obligation of result. If the aforementioned result is not forthcoming, this does not release the Client from its obligations towards the Estate Agent, with the exception of any obligations that are expressly linked by the parties to achieving the intended result.
Article 8: End and cancellation of the mediation agreement
1. Unless otherwise agreed and without prejudice to the other provisions of these general brokerage conditions, the brokerage agreement ends, among other things:
a. fulfillment of the agreement by the Estate Agent;
b. cancellation by the Client;
c. cancellation by broker.
2. The agreement is fulfilled as soon as the intended result is achieved.
3. The Client and the Estate Agent are authorized to terminate this agreement at any time.
4. Parties cannot derive any right to compensation from the termination of the agreement by giving notice, unless termination is due to the failure of the other party to fulfill one or more obligations.
Article 9: Complaints and complaints
1. The Client is obliged to inspect these documents immediately upon receipt of documents, such as the (draft) rental agreement from the Estate Agent. Any imperfections must be reported to the Estate Agent in writing no later than 2 working days after receipt of the documents.
2. Other complaints – including complaints with regard to the work performed or the services provided – must be reported to the Estate Agent by registered letter at the latest within 2 months after discovery or after the Client should reasonably have discovered them, failing which the Client will not can rely more on any defects in the performance of the Estate Agent.
Article 10: Liability
1. If the Estate Agent mediates in the conclusion of a lease between the landlord and the tenant, the Estate Agent is never a party to the lease and is not liable for the content and implementation of the lease. The Estate Agent is under no circumstances liable for damage suffered by the Client as a result of the situation that the rent and/or the agreed service (costs) and/or the additional fees, whether or not one-off, are not in accordance with the law.
2. The Estate Agent performs its duties as may be expected from a company in its industry, but does not accept any liability for damage, including consequential damage, trading loss, loss of profit and/or stagnation damage, which is the result of acts or omissions of the Estate Agent , its staff or third parties engaged by it.
3. The Estate Agent is not liable for damage suffered by the Client as a result of acts or omissions by the other party to the rental agreement concluded through the Estate Agent’s mediation.
4. The limitations of liability included in this article do not apply if the damage is due to intent and/or willful recklessness on the part of the Estate Agent.
5. Without prejudice to the provisions of the other paragraphs of this article, the liability is at all times limited to the amount of the payment to be made by the Estate Agent’s insurer in the appropriate case, insofar as the Estate Agent is insured for this.
6. If the Estate Agent is not insured as referred to in the previous paragraph, the Estate Agent’s liability is at all times limited to twice the amount of the brokerage charged and/or to be charged by the Estate Agent to the Client for its work and/or services.
7. The Estate Agent is not liable for the consequences of any damage and/or defects to the home that is present when the client accepts the home. It is up to the client to inspect the property for any damage and/or defects and, if necessary, to hold the landlord accountable.
Article 11: Payment
1. Unless otherwise agreed, the Client must pay all that it owes to the Estate Agent within 3 days of the invoice date. This term applies as a strict deadline. In case of late payment:
a. The Client will owe the Estate Agent default interest in the amount of 1% per month, to be calculated cumulatively on the principal sum. Portions of a month are considered a full month;
2. After being warned to do so by the Estate Agent, the Client will owe a minimum of 15% of the sum of the principal sum and the default interest with a minimum of € 40.00 in respect of extrajudicial costs.
3. All that which the Client owes to the Estate Agent will be paid by the Client in a timely manner without any appeal to discount, suspension, settlement or cancellation.
4. At the discretion of the Estate Agent, the agreement can be dissolved in whole or in part in the preceding or corresponding circumstances, without further notice of default or judicial intervention, whether or not combined with a claim for compensation.
5. If the Client has not fulfilled its payment obligations in time, the Estate Agent is authorized to suspend the fulfillment of the obligations entered into towards the Client for delivery or the performance of work until payment has been made or proper security has been provided for this. The same already applies before the moment of default if the Estate Agent has reasonable suspicion that there are reasons to doubt the creditworthiness of the Client.
6. Payments made by the Client always serve to settle all interest and costs owed and subsequently serve to settle the longest outstanding due and payable invoices, unless the Client explicitly states in writing upon payment that the payment relates to a later invoice.
Article 12: Bankruptcy, lack of jurisdiction, etc.
1. Without prejudice to the provisions of the other articles of these terms and conditions, the agreement concluded between the Client and the Estate Agent will be dissolved without judicial intervention and without any notice of default being required, at the time when the Client:
a. is declared bankrupt;
applies for a (provisional) suspension of payments;
is affected by an enforceable attachment;
is placed under guardianship or administration;
otherwise loses the power of disposal or legal capacity with regard to its assets or parts thereof.
2. The provisions of paragraph 1 of this article apply, unless the trustee or administrator acknowledges the obligations arising from the agreement as debt of the estate.
Article 13: Competent court, applicable law
1. The agreement concluded between the Estate Agent and the Client is exclusively governed by Dutch law. Disputes arising from this agreement will also be settled under Dutch law.
2. Any disputes will be settled by the competent Dutch court, albeit that the Estate Agent, insofar as the law does not necessarily oppose this, is entitled to bring a case before the competent court in the place where the Estate Agent is established.
(version June 2022)