Terms and Conditions
Article 1 Applicability
These Mediation Conditions apply to all offers and to all mediation assignments, as well as the resulting additional mediation agreement(s) and agreements between Apartmenthub and the house seeker, hereinafter referred to as 'Client'.
Article 2 Definitions
2.1. Apartmenthub: A housing mediation agency registered with the Chamber of Commerce Amsterdam under number: 74255142, accessible at web address: https://apartmenthub.nl, hereinafter referred to as 'Broker'.
2.2. House seeker: Any natural or legal person who commissions the Broker to mediate in finding living space that does not belong to the Broker's portfolio.
2.3. Mediation means: the obligation of effort by the Broker aimed at bringing the Client into contact with potential landlord(s) against payment of a mediation fee (commission) by the Client, so that the Client concludes a rental agreement with a landlord of a living space, including guidance by the Broker during viewing(s) of one or more living space(s) as referred to in Article 7:425 of the Dutch Civil Code.
2.4. Mediation fee or commission means the consideration owed by the Client to the Broker for their mediation activities.
2.5. Provisions deviating from these general mediation conditions only form part of the agreement concluded between the parties if and insofar as the parties have expressly agreed this in writing.
2.6. In these general mediation conditions, 'in writing' also means: by email, by fax or any other mode of communication that can be equated with this in view of the state of the art and prevailing views in society.
2.7. The written advice, documents, (valuation) reports, investigations, etc. to be produced by the Broker or provided by the Client will hereinafter be referred to as 'the documents'. 'The documents' means 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.
2.8. The Broker reserves the right to amend the Broker's general mediation conditions in the event of changed regulations.
2.9. The inapplicability of (part of) a provision of these general mediation conditions for whatever reason does not affect the applicability of the other provisions.
Article 3 Agreements, Assignments
3.1. Verbal agreements only bind the Broker after they have been confirmed in writing by the Broker or as soon as the Broker has commenced execution of the activities with the Client's consent.
3.2. Additions or changes to the general mediation conditions or other changes or additions to the agreement only become binding after written confirmation by the Broker.
Article 4 Obligations of Client & Commission Fees
4.1. The Client must ensure that all data required for the execution of the agreement is made available in time and in the form desired by the Broker.
4.2. The Client shall provide full cooperation for the proper execution of the mediation agreement and refrain from actions that could hinder this.
4.3. If the Client or their relations move into a living space of which the details were obtained via the Broker, the Client owes commission, regardless of whether the rental agreement was concluded through the Broker's mediation.
4.4. If for any reason the Client does not move into the property for which a rental agreement was concluded through the Broker's mediation, or if this rental agreement is terminated, annulled or dissolved, the Client owes an amount of 1 month rent exclusive of VAT, without right to full or partial refund.
4.5. If the Client, after agreeing to rent a living space, abandons the rent for reasons not attributable to the Broker, the Client owes the commission that would apply if the rental agreement had been concluded. In addition, the Client must indemnify the Broker against possible damage claims from the landlord.
4.6. If the Client fails to meet obligations, the Broker may suspend the execution of the agreement. Costs and consequences of this are entirely for the account of the Client.
4.7. If the Client requests the Broker to submit a rental proposal to a third party and subsequently, for reasons not attributable to the Broker, abandons the object, the Client owes an amount of 1 month rent exclusive of VAT.
Article 5 Personal Data
The Client's personal data is included in the Broker's administration. The Broker does not provide data to third parties without the Client's permission. The registered data is used exclusively by the Broker for the execution of agreements concluded with the Client.
Article 6 Progress, Execution of Assignment/Agreement
6.1. The Broker is bound to execute the assignment/agreement in a professional, careful manner and in accordance with the standards applicable in its branch.
6.2. The Broker cannot be obliged to commence execution of the activities until all necessary data for this is in its possession.
Article 7 Duration of Agreement, Obligation of Effort
7.1. A mediation agreement runs for an indefinite period, unless agreed otherwise in writing.
7.2. The Broker will endeavor to the best of its ability and knowledge to achieve the result desired or intended by the Client. This is at all times an obligation of effort by the Broker and not an obligation of result. If the aforementioned result is not achieved, this therefore does not release the Client from its obligations towards the Broker, with the exception of any obligations that the parties have expressly linked to achieving the intended result.
Article 8 Termination and Cancellation of the Mediation Agreement
8.1. Unless agreed otherwise and without prejudice to the other provisions of these general mediation conditions, the mediation agreement ends inter alia by:
- a. fulfillment of the agreement by the Broker;
- b. cancellation by the Client;
- c. cancellation by the Broker.
8.2. The agreement is fulfilled as soon as the intended result is achieved.
8.3. Client and Broker are entitled to cancel this agreement at any time.
8.4. Parties cannot derive any right to compensation from the termination of the agreement by cancellation, unless cancellation is due to failure to comply with one or more obligations by the other party.
Article 9 Mediation Commission
9.1. The house seeker commissions the Broker to search for living space that matches the specified housing wishes. The Broker works according to the No Cure No Pay-principle. When a rental agreement is concluded through mediation by the Broker, the Client owes a mediation commission equal to one month rent exclusive of VAT.
Additional regulation:
If the monthly rent is lower than € 2.000 and the rental agreement has a duration of more than 12 months, the commission is two months rent exclusive of VAT.
The commission must be fully paid before the keys are handed over.
9.2. If the payment term is exceeded, a reminder procedure follows. After the second reminder, statutory interest is owed and extrajudicial collection costs of 15% of the invoice amount (minimum € 250) are charged.
9.3. If it appears that the house seeker accepts a living space previously offered by the Broker without the Broker's knowledge, the full commission is owed.
9.4. If the rental agreement is concluded in another way while the Broker had a mediation assignment, the Client owes a penalty of one month rent exclusive of VAT.
9.5. A living space is only made available to the house seeker after:
- the rental agreement has been signed by all parties;
- rent and deposit have been paid;
- the commission exclusive of VAT has been fully paid.
9.6. No rights to compensation can be derived from the termination of the agreement by cancellation, unless the cancellation is the result of failure by the other party.
Article 10 Liability
10.1. If the Broker mediates in the CONCLUSION of a rental agreement between landlord and tenant, the Broker is never a party to the rental agreement and he is not liable for the content and execution of the rental agreement. The Broker is in no case liable for damage of the Client resulting from the situation that the rent and/or the agreed service (costs) and/or the additional whether or not one-off fees are not in accordance with the law.
10.2. The Broker acquits itself of its task as may be expected of a company in its branch, but accepts no liability whatsoever for damage, including consequential damage, trading loss, loss of profit and/or stagnation damage, which is the result of acts or omissions of the Broker, its personnel or third parties engaged by it.
10.3. The Broker 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 Broker's mediation.
10.4. The limitations of liability included in this article do not apply if the damage is due to intent and/or conscious recklessness of the Broker.
10.5. Without prejudice to the provisions of the other paragraphs of this article, liability is at all times limited to the amount of the payment to be provided by the Broker's insurer in the event in question, insofar as the Broker is insured for this.
10.6. If the Broker is not insured as referred to in the previous paragraph, the Broker's liability is at all times limited to twice the amount of the commission charged and/or to be charged by the Broker to the Client for its activities and/or services.
10.7. The Broker is not liable for the consequences of any damage and/or defects to the home present upon acceptance of the home by the Client. It is up to the Client to check the home for any damage and/or defects and if necessary to hold the landlord accountable for this.
Article 11 Competent Court, Applicable Law
11.1. Dutch law applies exclusively to the agreement concluded between Broker and Client. Disputes arising from this agreement will also be settled in accordance with Dutch law.
11.2. Any disputes will be settled by the competent Dutch court, albeit that the Broker, insofar as the law does not forcibly oppose this, is entitled to bring a case before the competent court in the place where the Broker is established.