General Terms & Conditions
General Terms & Conditions
GENERAL TERMS AND CONDITIONS RENT APARTMENTS FOR TENANTS
1. Applicability
1.1 These general terms and conditions apply to every registration, engagement agreement for services and/or mediation, as well as any additional and/or subsequent agreements and arrangements between RENT APARTMENTS and the Client, unless expressly provided otherwise in these terms and conditions.
2. Definitions
2.1 RENT APARTMENTS: the (legal) entity that accepts the registration and/or that, pursuant to the engagement confirmation, accepts the assignment for services or mediation from the Client.
Registration: the registration of a (legal) person with RENT APARTMENTS as a prospective tenant.
Client: the (legal) person who instructs RENT APARTMENTS to find residential and/or office space.
Mediation: an assignment to provide services relating to mediation by RENT APARTMENTS in the conclusion of an agreement between the Client and a third party, as referred to in Article 7:425 of the Dutch Civil Code (BW).
General Terms and Conditions: these general terms and conditions of RENT APARTMENTS.
3. Content of the Assignment in Case of Mediation
3.1 An engagement agreement for mediation means an assignment to provide services relating to mediation by RENT APARTMENTS in the conclusion of an agreement between the Client and a third party, as referred to in Article 7:425 BW, whereby at least the specifications given by the Client are met. RENT APARTMENTS is not a party to the agreement between the Client and the third party.
3.2 Registration and an engagement for mediation with RENT APARTMENTS does not guarantee the finding of a (suitable) residence.
3.3 Unless the parties expressly agree otherwise in writing, the Client and RENT APARTMENTS do not intend that RENT APARTMENTS shall be authorized, within the meaning of Article 3:60 BW, to perform legal acts in the Client’s name, nor that RENT APARTMENTS shall, on the basis of agency as referred to in Article 7:414 BW, perform legal acts on behalf of the Client.
4. Compensation for Mediation
4.1 The Client owes the full compensation for the work of RENT APARTMENTS if, during the term of the assignment, an agreement (lease agreement) is concluded between the Client and a third party who offers their property via RENT APARTMENTS, even if the conclusion of such agreement is not the result of services provided by RENT APARTMENTS, unless expressly agreed otherwise in the engagement confirmation.
4.2 The Client owes the full compensation for the work if the agreement with a third party is concluded after termination (by cancellation or otherwise) of the agreement with RENT APARTMENTS, but the agreement with a third party results from services performed by RENT APARTMENTS. This also applies if the Client has acted in violation of Article 4.1 and/or Article 6.7 below and/or because the Client has negotiated independently with third parties during the term of the agreement to conclude an agreement outside of RENT APARTMENTS.
4.3 If, after termination of the engagement agreement, an agreement is concluded between the Client and a third party who previously offered their property through RENT APARTMENTS, such agreement shall, unless the Client provides evidence to the contrary, be deemed to have been concluded through the mediation of RENT APARTMENTS and the Client shall owe full compensation to RENT APARTMENTS, unless the law provides otherwise.
4.4 RENT APARTMENTS may, if deemed necessary, require the Client to pay an advance before commencing work. This advance will be offset against the final invoice.
5. Fee and Payment
5.1 The fee(s) specified in the engagement confirmation include compensation for costs incurred and to be incurred by RENT APARTMENTS in connection with the assignment, unless otherwise specified in the engagement confirmation. The fee is, in principle, equal to one month’s gross rent (including advance payments for service charges and utilities such as gas, water, electricity), as stated in the lease agreement at the start of the tenancy, unless otherwise specified in the engagement confirmation.
5.2 The fee(s) as referred to in Article 5.1 are exclusive of 21% VAT and must be paid prior to acceptance of the residence.
5.3 The Client must pay RENT APARTMENTS the fee for services within 7 days after the full signing of the lease agreement, and at the latest together with the first rent installment and other rental costs. If the Client owes the fee while the lease agreement was not concluded as referred to in Article 4.2, payment must be made within 7 working days after receipt of the rejection. Failure to pay will place the Client immediately in default without further notice.
5.4 If an invoice is not paid on or before the due date stated on the invoice, contractual interest shall be owed on the invoice amount from the due date, equal to the statutory (commercial) interest increased by 1%. If an invoice is not paid even after the first reminder, RENT APARTMENTS is entitled to charge the Client extrajudicial collection costs, amounting to 15% of the invoice amount with a minimum of €250.
5.5 As long as the invoice has not been paid, RENT APARTMENTS has the right, after informing the Client, to suspend its services for the Client. RENT APARTMENTS is not liable for damages resulting from such suspension.
6. Assignment – General
6.1 The mediation agreement is concluded by and at the moment of an oral and/or written engagement confirmation by RENT APARTMENTS, or by the actual commencement of work by RENT APARTMENTS.
6.2 All additions, changes, and further arrangements to the agreement are valid only if agreed in writing, unless due to circumstances (urgency, etc.) written confirmation is not possible. The parties shall, however, endeavor to record such additions, changes, and arrangements in writing afterwards.
6.3 The Client shall provide RENT APARTMENTS with all information and documents necessary for the execution of the assignment. The Client warrants the accuracy of the information provided.
6.4 RENT APARTMENTS shall keep the Client informed of its activities and shall account to the Client for the manner in which it has performed its duties.
6.5 If RENT APARTMENTS has received or paid amounts on behalf of or charged to the Client, it shall account for these.
6.6 Every assignment is deemed to be given to and accepted by RENT APARTMENTS, even if it is the express or tacit intention of the Client that the assignment be carried out by one or more specific persons employed by RENT APARTMENTS. RENT APARTMENTS is entitled to have the work in connection with the assignment carried out by third parties not employed by it, provided the Client has given prior consent. The effect of Article 7:404 BW and Article 7:407(2) BW, which establish joint liability if multiple persons receive the assignment, is excluded.
6.7 The Client shall refrain from any activities that may interfere with the assignment given to RENT APARTMENTS and/or that may hinder RENT APARTMENTS in the performance of the assignment.
7. Term
7.1 The assignment agreement is entered into for an indefinite period from the moment of an oral and/or written engagement confirmation by RENT APARTMENTS, or from the actual commencement of work by RENT APARTMENTS.
7.2 The agreement ends (among other reasons) by termination or upon completion of the work to be performed under the assignment.
7.3 The Client may terminate this agreement at any time by registered letter, subject to a notice period of two weeks.
7.4 RENT APARTMENTS may terminate the agreement with immediate effect if, in the opinion of RENT APARTMENTS, circumstances arise that mean it can no longer be required to continue the agreement.
7.5 Without prejudice to the obligation of the Client to pay the fee for the services and costs, neither party may derive a right to damages from termination of the agreement, unless termination is due to breach of contract.
8. Cancellation by Client
8.1 If the Client, after agreeing to enter into a lease agreement (verbally or in writing), for reasons not attributable to RENT APARTMENTS, no longer wishes to rent the offered property, the Client shall compensate RENT APARTMENTS for the damage suffered. Such damage shall in any case consist of the lost mediation fee (including VAT) that would normally have been paid by the Client. In addition, the Client shall compensate any damage suffered by the third party (landlord).
9. Liability
9.1 RENT APARTMENTS is only liable for professional errors to a limited extent. If, in the execution of the assignment, an event occurs — including an omission — that leads to liability, the liability of RENT APARTMENTS is limited to a maximum of the fee paid by the Client to RENT APARTMENTS as referred to in Article 5.1.
9.2 The Client indemnifies RENT APARTMENTS against all claims by third parties, including reasonable legal costs, which are in any way connected with the work performed by RENT APARTMENTS for the Client, unless such claims are the result of gross negligence or willful misconduct by RENT APARTMENTS.
9.3 RENT APARTMENTS is not liable for damage insofar as such damage is covered by any insurance taken out by the Client.
9.4 RENT APARTMENTS is not liable for indirect damages, including consequential damages, loss of profit, missed savings, and business interruption.
9.5 RENT APARTMENTS is never liable for damage resulting (directly or indirectly) from terrorism or malicious contamination.
9.6 RENT APARTMENTS is not liable for the consequences of incorrect information provided by or on behalf of the Client.
9.7 RENT APARTMENTS is not liable for damage that is unavoidable with proper performance of the services, or that results from urgency required by the circumstances. RENT APARTMENTS is also not liable for damage resulting from a method of working known to the Client to which the Client did not object.
9.8 Oral commitments and agreements with employees of RENT APARTMENTS are not binding unless expressly confirmed by RENT APARTMENTS.
9.9 All publications on https://www.facebook.com
, in email newsletters or other communications of RENT APARTMENTS are subject to change. RENT APARTMENTS is not liable for inaccuracies in publications made on behalf of third parties.
9.10 Documents provided by RENT APARTMENTS to the Client are not binding on RENT APARTMENTS.
9.11 RENT APARTMENTS is not responsible and/or liable if a tenant cannot register at the rented address with the municipality. The tenant must verify with the municipality whether registration is possible before signing the lease.
9.12 RENT APARTMENTS is not liable for damage if the Client has not notified RENT APARTMENTS by registered letter within 5 working days after discovering the damage event, and as a result RENT APARTMENTS is limited in its ability to investigate the damage and its causes.
9.13 Neither party is obliged to fulfill any obligation if prevented from doing so by force majeure.
9.14 The foregoing does not affect the obligation of the parties to try as much as possible to prevent and avoid force majeure situations.
9.15 In the event of force majeure, RENT APARTMENTS is entitled, without judicial intervention, to suspend performance of the agreement or to dissolve the agreement immediately, without RENT APARTMENTS being obliged to pay damages.
9.16 The limitations of liability set out in this Article do not apply if the damage is due to intent or gross negligence on the part of RENT APARTMENTS.
10. Defects; Complaints
10.1 Complaints about the execution of the assignment must be submitted in writing by the Client to RENT APARTMENTS within 5 working days. This does not suspend the Client’s payment obligation.
11. Applicable Law / Competent Court
11.1 The engagement agreement and all agreements arising therefrom are governed by Dutch law.
11.2 All disputes arising from the engagement agreement or subsequent agreements shall be submitted to the competent court in Amsterdam.
12. Miscellaneous
12.1 These general terms and conditions apply to registration and mediation, unless expressly provided otherwise in these terms and conditions.
12.2 Changes or deviations from these terms and conditions, the agreement(s) between the parties and/or additional or different stipulations are valid only if agreed in writing and signed by the parties.
12.3 The invalidity of any provision of these general terms and conditions or the engagement agreement does not result in the invalidity of the general terms and conditions or the engagement agreement as a whole. In place of the invalid provision, the parties shall agree on an appropriate arrangement that approximates as closely as possible the intent of the parties and the economic result they sought to achieve.
12.4 Failure by a party to take action in the event of breach of any provision of these general terms and conditions or the engagement agreement by the other party, or permitting a deviation from any provision, cannot be construed as a waiver of rights.
12.5 The headings of the provisions are for convenience only and do not affect the interpretation of these terms and conditions.
12.6 If any provision in the agreement(s) between RENT APARTMENTS and the Client conflicts with any provision of these terms and conditions, the provision of the agreement(s) shall prevail.
12.7 RENT APARTMENTS reserves the right to amend and/or supplement these terms and conditions at any time.
12.8 The general terms and conditions for landlords of residential property by RENT APARTMENTS do not apply to the agreement between RENT APARTMENTS and tenants.
12.9 The Dutch text of the general terms and conditions prevails over any translations thereof.
13. Privacy and Data Processing (GDPR)
13.1 RENT APARTMENTS processes personal data of the Client in accordance with the General Data Protection Regulation (GDPR) and applicable Dutch privacy laws. Personal data includes, but is not limited to, identification documents, financial documents, contact details, and any other information necessary for the execution of the assignment.
13.2 RENT APARTMENTS shall only process such personal data for the purpose of providing its services, including registration, mediation, communication with landlords, and compliance with legal obligations.
13.3 RENT APARTMENTS shall take appropriate technical and organizational measures to protect personal data against loss or any form of unlawful processing.
13.4 Personal data will not be shared with third parties without the Client’s prior consent, unless this is necessary for the execution of the assignment (e.g., sharing with landlords, legal authorities, or service providers), or unless RENT APARTMENTS is legally obliged to do so.
13.5 Personal data will not be kept longer than is necessary for the purposes for which it was collected, unless a longer retention period is required by law.
13.6 The Client has the right to access, correct, or request the deletion of their personal data, as well as the right to restrict or object to processing and the right to data portability, in accordance with the GDPR. Such requests can be submitted in writing to RENT APARTMENTS.
13.7 For more information on how RENT APARTMENTS handles personal data, the Client may consult the Privacy Policy, which forms an integral part of these general terms and conditions.