Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SERVICESK&P MAKELAARS BVModel Pararius BV 28-01-2016

Article 1: Applicability, definitions

These General Terms and Conditions of Service, hereinafter referred to as 'AVD', apply to all agreements that K&P Makelaars BV, hereinafter referred to as 'Real Estate Agent', concludes with its Clients. Mediation is understood to mean: the Broker's best efforts obligation aimed at, against payment of compensation by the Client, establishing a rental agreement for a living space between the Client and his other party, as referred to in Article 7:425 of the Dutch Civil Code. The Estate Agent will never accept an assignment for mediation for the same living space from the Client's other party. An assignment for mediation does not form part of a search as referred to in Article 3 paragraph 1 of this AVD (rental) and Article 4 paragraph 1 of this AVD (rental). A search and an assignment for mediation can be combined. If the Client is the party that wishes to rent this living space and has given the Estate Agent an assignment for mediation for this purpose, the other party is understood to be the (prospective) lessor of the living space in question. If the Client is the party that wishes to rent out this living space and has given the Estate Agent an assignment for mediation to this end, the other party is understood to mean the (prospective) tenant of the living space in question. Provisions that deviate from these GTC only form part of the agreement between parties concluded an agreement if and insofar as the parties have expressly agreed in writing. If the Client consists of two or more (legal) persons, they are jointly and severally liable to the Estate Agent for the fulfillment of all obligations to the Estate Agent. For whatever reason, it does not apply of a (part of a) provision of these General Terms and Conditions of Service does not affect the applicability of the other provisions.

Article 2: Cooperation of the Client in the execution of the agreement

The parties will not do and/or omit anything that hinders or may hinder the proper execution of this agreement. The Client will cooperate in all respects in the proper execution of the agreement by both parties, including by making all necessary information and documents available to the Estate Agent in a timely manner. The Estate Agent will not commence the execution of the work until after the Client has has provided him with all necessary information and documents and the Client has made any agreed (advance) payment and/or down payment.

Article 3: If the Client is looking for a home (rental)

Content of the assignment. Activities and working methods of the real estate agent

'Search assignment' means the Broker's best efforts obligation aimed at searching for suitable rental accommodation for the Client. The work of the Broker can, depending on the wishes of the Client and what the parties agree on about this when concluding the agreement and any further agreement thereafter. , consists of, among others, the following parts:

Search:

providing general information about, among other things, the options for finding housing, the local housing market, the housing permit, rental allowance, rental protection, rental prices, registration in the municipal personal administration; making an inventory of the Client's housing needs/search profile; searching for suitable accommodation for the Client based on the Client's housing needs/search profile; organizing one or more viewings by the Client and providing information about one or more homes; evaluating viewings with the Client.

Mediation assignment:

compiling a complete file on the Client and, on this basis, nominating the Client as a candidate tenant to potential landlord(s) and making every effort to ensure that the latter awards the relevant living space to the Client; conducting negotiations with potential landlord(s) on behalf of the Client ) about the content of the rental agreement; establishing a written rental agreement and arranging for the signing of the rental agreement by both parties; providing information about and an explanation of the rental agreement.

Other activities:

ensuring that the first payment to the landlord is made on time; organizing the delivery of the living space; drawing up a proper inspection report (with photos) in triplicate (including recording of the meter readings, checking keys, checking inventory, inventory of defects );ensuring that the landlord fulfills his obligations at the start of the rental agreement;providing support with: maintenance contracts, relocation, transport/purchase of inventory, searching for workers in connection with painting, wallpapering and laying the floor, etc. cetera; providing support with: a telephone and internet connection and/or a connection to utilities; acting as a first-line source of information for the Client during the rental agreement.

3. When carrying out his work, the Estate Agent will exclusively represent the interests of the Client and not those of the (prospective) landlord.

4. The real estate agent will never mediate on behalf of both the (prospective) lessor of a living space and the Client in the conclusion of a rental agreement for that living space.

5. The Client will, on its own initiative, provide the Estate Agent with all information, data and documents necessary for the execution of the assignment and the Client guarantees its accuracy. This 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 (showing salary payments), employer statements and the like. The Client has the right to share this information, data and documents with third parties to the extent that this is useful and necessary to fulfill the assignment.

6. After the Client has informed the Estate Agent that it wishes to rent a living space suggested by the Estate Agent with the request that the Estate Agent inform the landlord of this and mediate in the conclusion of a rental agreement with the landlord, the Estate Agent will send this notification by e-mail. confirm to the Client. The Client has the right to withdraw his notice as referred to above by communicating this to the Estate Agent by e-mail within 24 hours after the sending of this e-mail message. After this 24-hour period, this right expires. The Client does not have this right if he has made his notification as referred to above in writing or by e-mail to the Estate Agent or has confirmed it in writing in a letter of intent signed by the Client.

Remuneration for the services provided by the Broker

7. If a rental agreement for living space between the Client and a landlord results from the services provided by the Estate Agent, the Client owes the Estate Agent a fee (brokerage). This compensation is laid down in the agreement between the parties (order for services). This compensation is owed by the Client to the Estate Agent upon conclusion of the rental agreement.

8. The compensation is deemed to be a reasonable compensation for the work that the Estate Agent performs for the Client in the execution of the agreement. The parties take into account that the compensation owed is a customary rate in the market that is not linked to the scope of the work to be carried out by the Estate Agent, but to a result to be achieved.

9. The Estate Agent has the right to ensure that the Client can only occupy the living space after the compensation has been paid to the Estate Agent.

10. If the Client and/or his relations appear to be living in a living space for which the Client has obtained the details from the Estate Agent, the Client owes the agreed compensation to the Estate Agent, regardless of whether the rental agreement has been concluded through the mediation of the Estate Agent.

11. If, for whatever reason, the Client does not move into the living space for which a rental agreement has been concluded through the mediation of the Estate Agent, or if the rental agreement for this living space is terminated, destroyed or dissolved, the Client remains obliged to pay the agreed compensation. payment and the Client is not entitled to a full or partial refund thereof.

12. If the Client, after having made the notification or written confirmation as referred to in Article 3, paragraph 6 of these GTC to the Estate Agent and after any right to withdraw that notification has expired, still withdraws his notification or otherwise prevents the establishment of a frustrates the rental agreement, the Client is obliged to compensate the Estate Agent for any 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 rental agreement were concluded for the living space. If the amount of the agreed compensation is based on the amount of the rental price to be agreed with the prospective landlord and no rental price has yet been agreed, the compensation will be based on the gross rental price of the prospective landlord's initial rental offer. . In addition, the Client is obliged to indemnify the Estate Agent against any damage suffered by the prospective landlord in question.

13. Immediately after the Client and a prospective landlord have reached agreement on a rental agreement for a living space through the mediation of the Estate Agent, the Estate Agent will draw up a rental confirmation form of the core clauses of the rental agreements before drawing up 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 owner of residential accommodation (rental)

'Search assignment' means the Broker's best efforts obligation aimed at finding a tenant suitable for the Client for the relevant living space. The work of the Broker can, depending on the wishes of the Client and what the parties agree on in this regard during the conclusion of the agreement, and any subsequent further agreement will consist of, among other things:

advising on the rental of living space and market conditions; inspecting the living space; determining the rental value of the living space; taking meter readings; taking photos of the living space; posting photos and information about the living space on the Estate Agent's website, on various housing websites, with other brokers/intermediaries and/or in other media; placing a rental sign; drawing up and placing a shop window advertisement; pre-screening potential tenant(s); conducting negotiations with potential tenant(s) about the content of the rental agreement; establishing a written rental agreement and arranging for the signing of the rental agreement by both parties; providing 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 living space; drawing up a proper inspection report (with photos) in triplicate (including recording of the meter readings, checking keys, checking inventory, inventory of defects ).

3. The Client will, on its own initiative, provide the Estate Agent with all information and documents necessary for the execution of the assignment and the Client guarantees their accuracy.

4. If a rental agreement for the living space results from the mediation by the Estate Agent for the Client, the Client owes the Estate Agent the compensation (brokerage) that the parties have agreed on. This brokerage fee is payable by the Client within 14 days after the invoice to be sent to him by the Estate Agent.

5. The compensation is deemed to be a reasonable compensation for the work that the Estate Agent performs for the Client in the execution of the agreement. The parties take into account that the compensation owed is a customary rate in the market that is not linked to the scope of the work to be carried out by the Estate Agent, but to a result to be achieved.

6. The Client instructs the Estate Agent to collect from the tenant the amounts for the first month's gross rent and the deposit. The Estate Agent will transfer the collected amounts to the Client, after settlement with any amounts owed by the Client to the Estate Agent.

7. If the Client appears to (partly) rent or (partly) let the relevant living space to one or more persons or parties, from whom the Client has obtained the details from the Estate Agent, the Client will owe the Estate Agent the agreed compensation. regardless of whether the rental agreement was concluded through the broker

8. If, for whatever reason, the tenant, with whom the Client has concluded a rental agreement through the Estate Agent, does not move into the accommodation in question, or if the rental agreement for this accommodation is terminated, destroyed or dissolved, the Client remains obliged to pay the agreed compensation and the Client is not entitled to full or partial reimbursement thereof.

9. If a (housing) permit is required for the relevant living space, then obtaining this permit for the benefit of the Client and/or tenant is at the expense and risk of the Client and the Client is obliged to pay the agreed fee regardless of whether the permit has been granted. or will be granted, unless the parties have agreed otherwise.

10. If the Client, after negotiations with a prospective tenant have commenced, whether or not after the Client has signed a declaration of intent, terminates the negotiations, frustrates and/or is no longer prepared to rent the living space in question to the prospective tenant, The Client is obliged to compensate the Estate Agent for any 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 rental agreement were concluded for the living space. If the amount of the agreed compensation is based on the amount of the rental price to be agreed with the prospective tenant and no rental price has yet been agreed, the compensation will be based on the Client's initial rental offer. In addition, the Client is obliged to indemnify the Estate Agent against any damage suffered by the prospective tenant in question.

11. Immediately after the Client and a prospective tenant have reached agreement on a rental agreement for a living space through the mediation of the Estate Agent, the Estate Agent will draw up a rental confirmation form of the core clauses of the rental agreements before drawing up a rental agreement to be signed by both parties. The Client is obliged to sign this rental confirmation form immediately.

12. The Client declares and guarantees in all respects (including in view of possible claims of any nature from any other entitled party(ies) with regard to the living space, mortgage holder(s), insurer(s), (local) authorities, competent authorities, manager(s), other housing intermediary(s), Owners' Association and the like) are entitled to offer and rent out the living space and indemnifies the Broker against all possible claims from third parties in this regard and for all claims made by the Broker in this regard extrajudicial and judicial costs to be incurred. The real estate agent accepts no liability in this regard.

13. The Client declares that it is fully aware that, according to mandatory legislation, the tenant of living space is protected against, among other things, termination of the lease by the landlord, against excessively high rental prices, excessively high or incorrect service costs and excessively high or incorrect one-off reimbursements. when concluding rental agreements. The Client (and not the Estate Agent) determines the duration of the rental agreement desired by the Client, the amount of the rental price, the amount of the deposit, the composition of the service package, the amount of (the advance payment for) the service costs and/or the amount of any one-off fees. The real estate agent accepts no liability whatsoever for damage resulting from the content of the rental agreement, in particular with regard to its duration, the amount of the rental price, the amount of the deposit, the amount of (the net advance payment for) the service costs, the composition of the service package and the (amount of) one-off reimbursements.

14. The Client declares that it is aware that the statutory rental (price) protection referred to in Article 4, paragraph 13 of these AVD also includes arrangements that limit the possibility of temporary rental contracts to specific cases and that, if a temporary rental agreement is concluded in violation of the law or does not meet the applicable criteria, the tenant can ignore the temporary nature of the rental agreement by invoking the law. The real estate agent accepts no liability whatsoever for damage resulting from such a justified or unjustified appeal to rental protection by the tenant.

Article 5: Personal data

The Client's personal data will be included in the Estate Agent's administration. The Estate Agent will not provide information to third parties without the Client's permission, unless he 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 the Estate Agent for the execution of the Client's assignment.

Article 6: Broker's best efforts obligation

The Estate Agent will make every effort to the best of his ability and knowledge to achieve the result desired or intended by the Client. This is at all times a best efforts obligation of the Broker and not an obligation of results. If the result is not achieved, 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 7: End and cancellation of the agreement

Unless otherwise agreed and without prejudice to the other provisions of these GTC, the agreement ends, among other things, by: Achieving the intended result of the assignment from the efforts of the Estate Agent; termination by the Client; termination by the Estate Agent. Cancellation of the agreement by the Client after has made the notification referred to in Article 3, paragraph 6 of these GTC to the Estate Agent and after any right to withdraw that notification has expired, it does not release the Client from its liability for damages and obligation to indemnify the Estate Agent as referred to in the latter provision. Cancellation of the agreement by the Client after negotiations have commenced with a prospective tenant as referred to in Article 4, paragraph 10 of these AVD, does not release the Client from its liability for damages and obligation to indemnify the Estate Agent as referred to in the latter provision. The Client and the Estate Agent are authorized to to cancel the agreement at any time. The real estate agent will, among other things, terminate the agreement if he fears that the Client will not or will not properly comply with the rental agreement to be concluded, without prejudice to his claims for payment as provided in these AVD. Without prejudice to the claims for compensation provided for in these AVD, the parties can termination of the agreement by cancellation does not give rise to any right to compensation, unless cancellation is due to failure to fulfill one or more obligations by the other party.

Article 8: Duty to complain and forfeiture of rights

Complaints regarding the work performed and/or services provided by the Estate Agent must be reported by the Client to the Estate Agent by registered letter no later than within 2 months after discovery or after the Client should reasonably have discovered them, failing which the Client can no longer appeal. on any defects in the performance of the Estate Agent. Claims from the Client against the Estate Agent expire 1 year after the agreement has ended.

Article 9: Liability

The Estate Agent is not liable for damage suffered by the Client, including consequential damage, business damage, loss of profit 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 particular not for damage to the Client that is the result of the situation that the agreed rental price and/or the agreed service (costs) and/or the additional one-off or non-recurring fees are not in accordance with the law or (can) be increased through legal procedures or reduced. The Estate Agent is not liable for damage suffered by the Client as a result of actions or omissions of the other party in the rental agreement to be concluded or concluded through the mediation of the Estate Agent. To the extent that the Estate Agent is liable for damage suffered by the Client, his liability is limited. up to the amount of the payment to be provided by the Estate Agent's insurer in the appropriate case, insofar as the Estate Agent is insured for this. If the Estate Agent is not insured as referred to above, the Estate Agent's liability is limited to twice the amount of the compensation charged and/or to be charged by the Estate Agent to the Client for its work and/or services. Limitation of the Estate Agent's liability for damage caused by Client in these T&Cs does not apply if and insofar as the damage is due to intent and/or deliberate recklessness on the part of the Estate Agent.

Article 10: Payment

Unless otherwise agreed or provided in these conditions, the Client must pay all that it owes to the Estate Agent within 14 days after the invoice date. This term applies as a strict deadline. Everything that the Client owes to the Estate Agent will be paid on time by the Client without any recourse to discount, suspension, settlement, dissolution or cancellation. In the event of late payment of all that the Client owes to the Estate Agent: the Client owes the Estate Agent a default interest of 1% per month is due, to be calculated cumulatively over the principal sum. Parts of a month are considered to be a full month; the Client, after having been reminded to do so by the Estate Agent, owes 15% of the principal sum and the default interest in respect of extrajudicial costs, with a minimum of € 40.00. The Estate Agent is entitled to - fulfillment by the Client of any obligation under the agreement, without further notice of default or judicial intervention, to dissolve the agreement in whole or in part and to claim compensation for his damage. If the Client has not met his payment obligations on time, the Estate Agent is authorized to to suspend its obligations until payment has been made. The same applies if, before the default occurs, the Estate Agent has reasonable suspicion that the Client will not meet its payment obligations. The risk for the consequences of suspension by the Estate Agent is borne by the Client. Payments made by the Client always serve to settle successively the interest owed, the costs owed and the due and payable invoices that have been outstanding the longest.

Article 11: Competent court, applicable law



The agreement concluded between the Broker and the Client is exclusively governed by Dutch law. Any disputes will be settled by the competent Dutch court, although the Broker has the authority to bring a case before the law, insofar as the law does not prohibit this. before the competent court in the place where the Estate Agent is established.