Terms and Conditions

Terms and Conditions

Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SERVICES Ronifica Real Estate Article 1: Applicability, definitions 1. These General Terms and Conditions of Services, hereinafter referred to as 'AVD', apply to all agreements that Ronifica Real Estate, hereinafter referred to as 'Broker', concludes with its Clients. 2. Mediation is understood to mean: the best efforts obligation of the Estate Agent aimed at establishing a rental agreement for a living space between the Client and its counterparty, against payment of a fee by the Client, as referred to in Section 7:425 of the Dutch Civil Code. The Estate Agent will never accept an assignment for mediation for the same accommodation from the other party of the Client. A search as referred to in article 3 paragraph 1 of this AVD (rental) and article 4 paragraph 1 of this AVD (rental) does not form part of an assignment for mediation. A search and an assignment for mediation can be combined. 3. If the Client is the party that wishes to rent this accommodation and has given the Broker an assignment for mediation for this purpose, the other party is understood to mean the (prospective) lessor of the relevant accommodation. If the Client is the party that wishes to rent out this living space and has commissioned the Estate Agent to do so, the other party is understood to mean the (prospective) tenant of the living space in question. 4. Provisions that deviate from these AVD only form part of the agreement concluded between the parties if and insofar as the parties have expressly agreed in writing. 5. 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. 6. The non-applicability of a (part of a) provision of these General Terms and Conditions of Service, for whatever reason, does not affect the applicability of the other provisions. Article 2: Client's cooperation in the implementation of the agreement 1. The parties will not do or fail to do anything that impedes or may impede the proper implementation of this agreement. The Client will cooperate in all respects with the proper implementation of the agreement by both parties, including by making all necessary information and documents available to the Estate Agent in a timely manner. 2. The Estate Agent will not start the work until the Client has provided it with all the 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 method of the Estate Agent 1. 'Search assignment' is taken to mean the best efforts obligation of the Estate Agent aimed at searching suitable rental accommodation for the Client. 2. Depending on the wishes of the Client and what the parties agree on in this respect at the conclusion of the agreement and any subsequent agreement, the activities of the Estate Agent may, among other things, consist of the following parts: Search assignment: * providing general information about including the possibilities of finding accommodation, the local housing market, the housing permit, the rent allowance, rent protection, rents, registration in the municipal basic administration; * making an inventory of the housing requirements/search profile of the Client; * searching for suitable accommodation for the Client based on the housing requirements/search profile of the Client; * organizing one or more viewings by the Client of and providing information about one or more properties; * evaluation of viewings with the Client. Assignment for mediation: * compiling a complete file about the Client and, on that basis, proposing the Client as a candidate tenant to potential landlord(s) and making an effort to ensure that the latter grants the relevant accommodation to the Client; * conducting negotiations on behalf of the Client with potential landlord(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. Other activities: * ensuring that the first payment to the lessor 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, control keys, control inventory, inventory of defects); * ensuring that the lessor fulfills his obligations at the start of the tenancy agreement; * providing support with: maintenance contracts, relocation, transport/purchase of inventory, searching for workmen in connection with painting, wallpapering and laying the floor, et 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. In the performance of its activities, the Estate Agent will only represent the interests of the Client and not those of the (prospective) lessor. 4. The Estate Agent will never mediate on behalf of both the (prospective) lessor of a residential property and the Client in the formation of a rental agreement for that residential property. 5. The Client will, on its own initiative, provide the Estate Agent with all information, data and documents that are necessary for the execution of the assignment and the Client guarantees the correctness thereof. 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 insofar as this is useful and necessary for the fulfillment of the assignment. 6. After the Client has informed the Estate Agent that it wishes to rent a residential accommodation proposed by the Estate Agent with the request to the Estate Agent to inform the lessor of this and to mediate in the conclusion of a rental agreement with the lessor, the Estate Agent will send this notification by e-mail. confirm to Client. The Client has the right to withdraw its notification as referred to above by informing the Estate Agent of this within 24 hours after the sending of this e-mail message. After this period of 24 hours, this right expires. The Client does not have this right if it has made its notification as referred to above to the Estate Agent in writing or by e-mail or has confirmed it in writing in a letter of intent signed by the Client. Fee for the Estate Agent's services 7. If a rental agreement for accommodation between the Client and a lessor results from the Estate Agent's services, the Client will owe the Estate Agent a fee (brokerage). This fee is laid down in the agreement between the parties (contract for services). This fee is payable by the Client to the Estate Agent upon conclusion of the rental agreement. 8. The fee is deemed to be a reasonable fee for the work that the Estate Agent performs for the Client for the implementation of the agreement. The parties take into account that the fee payable is a standard rate in the market that is not linked to the scope of the work to be performed 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 move into the accommodation after the fee has been paid to the Estate Agent. 10. If the Client and/or his relations turn out to be living in a living space, of which the Client has obtained the details from the Estate Agent, the Client will owe the Estate Agent the agreed fee, regardless of whether the rental agreement has been concluded through the Estate Agent's mediation. 11. If, for whatever reason, the Client does not take up residence in the accommodation for which a rental agreement has been concluded through the brokerage by the Estate Agent, or if the rental agreement for this accommodation is terminated, annulled or dissolved, the Client remains obliged to pay the agreed fee. 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 AVD to the Estate Agent and after any right to withdraw that notification has lapsed, still withdraws its notification or otherwise prevents the formation of a rental agreement, the Client is obliged to compensate the Broker 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 rental agreement were to be concluded for the accommodation. 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 initial rental offer of the prospective landlord. . In addition, the Client is obliged to indemnify the Estate Agent against any damage suffered by the relevant prospective lessor. 13. Immediately after the Client and a prospective lessor have reached agreement through the Broker's mediation on a rental agreement for a residential property, the Estate Agent will, before drawing up a rental agreement to be signed by both parties, draw up a rental confirmation form of the key provisions of the rental agreements. The Client is obliged to immediately sign this rental confirmation form. Article 4: If the Client is the owner of a residential property (rental) 1. 'Search assignment' is understood to mean the Broker's best efforts obligation aimed at finding a suitable tenant for the relevant accommodation for the Client. 2. Depending on the wishes of the Client and what the parties agree on in this regard at the conclusion of the agreement and any subsequent agreement, the activities of the Estate Agent may include: * advising on the rental of residential accommodation and market conditions; * inspecting the living space; * determining the rental value of the living space; * recording the meter readings; * taking pictures of the living space; * posting photos and information about the accommodation on the Broker's website, on various accommodation 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 on behalf of the Client 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, control keys, control inventory, inventory of defects). 3. The Client will, on its own initiative, provide the Estate Agent with all information and documents that are necessary in the context of the execution of the assignment and the Client guarantees the correctness thereof. 4. If a rental agreement for the accommodation results from the mediation by the Estate Agent for the Client, the Client will owe the Estate Agent the fee (brokerage fee) that the parties have agreed upon. This brokerage fee is payable by the Client within 14 days after the invoice to be sent to it by the Broker for this purpose. 5. The fee is deemed to be a reasonable fee for the work that the Estate Agent performs for the Client for the implementation of the agreement. The parties take into account that the fee payable is a standard rate in the market that is not linked to the scope of the work to be performed 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 Broker will transfer the collected amounts to the Client, after deduction from any amounts owed by the Client to the Broker. 7. If the Client appears to be (partly) renting out the relevant accommodation or to have (partly) given it use 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 fee. irrespective of whether the rental agreement was concluded through the Broker's mediation. is terminated, destroyed or dissolved, the Client remains obliged to pay the agreed fee and the Client is not entitled to a full or partial refund thereof. 9. If a (housing) permit is required for the relevant accommodation, obtaining this permit for the benefit of the Client and/or tenant will be at the expense and risk of the Client and the Client will be obliged to pay the agreed fee regardless of whether the permit has been or will be granted, unless the parties have agreed otherwise. 10. If the Client, after negotiations have commenced with a prospective tenant, whether or not after the Client has signed a letter of intent to that effect, terminates the negotiations, frustrates and/or is no longer prepared to rent out the relevant accommodation to the prospective tenant, the The Client is obliged to compensate the Estate Agent for the damage it has 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 rental agreement were to be concluded for the accommodation. If the amount of the agreed fee 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 initial rental offer from the Client. In addition, the Client is obliged to indemnify the Estate Agent against any damage suffered by the relevant prospective tenant. 11. Immediately after the Client and a prospective tenant have reached agreement through the Broker's mediation on a rental agreement for a living space, the Estate Agent will draw up a rental confirmation form of the key provisions of the rental agreements before drawing up a rental agreement to be signed by both parties. The Client is obliged to immediately sign this rental confirmation form. 12. The Client declares and guarantees in all respects (including in view of possible claims of any nature whatsoever from any other entitled party(ies) with regard to the accommodation, mortgage holder(s), insurer(s), (local) authorities, competent authorities, manager(s), other housing broker(s), Association of Owners and the like) are entitled to offer and rent out the living space and indemnifies the Estate Agent against all possible claims from third parties in this regard and against all claims made by the Estate Agent in this regard. extrajudicial and judicial costs to be incurred. The broker does not accept any liability in this regard. 13. The client declares to be fully aware that, according to mandatory legislation, the tenant of accommodation is protected against, among other things, termination of the rent by the landlord, against too high rents, too high or incorrect service costs and too high or incorrect one-off fees. in the formation of rental agreements. The Client (and not the Broker) 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 estate agent does not accept any liability 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 (net advance payment for) the service costs, the composition of the service package and the (amount of) one-off fees. 14. The Client declares that it is aware that the statutory rental (price) protection referred to in Article 4 paragraph 13 of this AVD also includes regulations that limit the possibility of temporary rental contracts to specific cases and that, if a temporary rental agreement is concluded brought 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 estate agent does not accept any liability for damage resulting from such a claim, whether justified or not, on rent protection by the tenant. Article 5: Personal data The personal data of the Client will be included in the Broker's administration. The Estate Agent will not provide any information to third parties without the Client's permission, unless it is obliged to do so on the basis of a legal obligation and/or useful or necessary for the performance of the assignment. The registered data will only be used by the Estate Agent for the purpose of carrying out the Client's assignment. Article 6: Broker's best efforts obligation The broker will make every effort to achieve the result desired or intended by the Client to the best of his ability and knowledge. This is at all times an obligation of best efforts on the part of the Estate Agent and not an obligation of result. If the 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 7: End and cancellation of the agreement 1. Unless agreed otherwise and without prejudice to the other provisions of these AVD, the agreement will end, inter alia, due to: a. Achieving the result intended with the assignment of the Estate Agent's efforts; b. cancellation by the Client; c. cancellation by broker. 2. Termination of the agreement by the Client after it has made the notification as referred to in Article 3 paragraph 6 of these AVD to the Estate Agent and after its possible right to withdraw that notification has lapsed, does not release the Client from its liability for damages and obligation to indemnify towards the Estate Agent as referred to in the latter provision. 3. Termination 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 towards the Estate Agent as referred to in the latter provision. 4. The Client and the Estate Agent are authorized to terminate this agreement at any time. The 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 for in this AVD. 5. Without prejudice to the claims for compensation provided for in this AVD, the parties cannot derive any right to compensation from the termination of the agreement by cancellation, unless it is canceled due to the failure of the other party to fulfill one or more obligations. Article 8: Duty to complain and lapse of rights 1. Complaints regarding the work performed and/or services provided by the Estate Agent - must be submitted by the Client to the Estate Agent by registered letter no later than 2 months after discovery or after the Client should reasonably have discovered them. reported, failing which the Client can no longer rely on any defects in the performance of the Estate Agent. 2. Claims of the Client against the Estate Agent expire after 1 year after the agreement has been terminated. Article 9: Liability 1. The estate agent is not liable for damage suffered by the Client, including consequential damage, trading loss, loss of profit and/or stagnation damage, which is the result of his actions or omissions, that of its personnel or that of third parties engaged by it , in particular not for damage suffered by the Client that is the result of the situation that the agreed rental price and/or the agreed service (costs) and/or the additional, whether or not one-off, payments are not in accordance with the law or through legal proceedings (can) be increased or decreased. 2. The Estate Agent is not liable for damage suffered by the Client as a result of acts or omissions of the other party in the rental agreement to be concluded or concluded through the mediation of the Estate Agent. 3. Insofar as the Estate Agent is liable for damage suffered by the Client, its liability is 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. If the Estate Agent is not insured as referred to above, the liability of the Estate Agent is limited to twice the amount charged and/or to be charged by the Estate Agent to the Client for its activities and/or services. 4. The limitation of the Estate Agent's liability for damage suffered by the Client in this AVD does not apply if and insofar as the damage is due to intent and/or willful recklessness on the part of the Estate Agent. Article 10: Payment 1. Unless agreed otherwise or provided in these terms and conditions, the Client must pay all that it owes the Estate Agent within 14 days of the invoice date. This term is a strict deadline. 2. All that the Client owes the Estate Agent will be paid in time by the Client without any appeal to a discount, suspension, settlement, dissolution or undoing. 3. In the event of late payment of all that the Client owes the Estate Agent: a. The Client owes the Estate Agent default interest of 1% per month, to be calculated cumulatively over the principal sum. Parts of a month are considered a full month; b. the Client, after being demanded to do so by the Estate Agent, owes 15% of the principal sum and the default interest with a minimum of € 40.00 in respect of extrajudicial costs. 4. In the event of non-compliance by the Client with any obligation under the agreement, the Estate Agent is authorized, without further notice of default or judicial intervention, to dissolve the agreement in whole or in part and to claim compensation for its damage. 5. If the Client has not fulfilled its payment obligations in time, the Estate Agent is authorized to suspend the fulfillment of its obligations until payment has been made. The same applies if the Estate Agent has a reasonable suspicion before the commencement of default that the Client will not meet its payment obligations. The risk for the consequences of suspension by the Broker is for the account of the Client. 6. Payments made by the Client always serve to settle the interest owed, the costs owed and the due and payable invoices that have been outstanding the longest. Article 11: Competent court, applicable law 1. Only Dutch law applies to the agreement concluded between the Estate Agent and the Client. 2. Any disputes will be settled by the competent Dutch court, although the Estate Agent, insofar as the law does not dictate otherwise, has the authority to bring a case before the competent court in the place where the Estate Agent is located.
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