Terms and Conditions

Terms and Conditions

Article 1: Applicability, definitions
1. These General Terms and Conditions of Services, hereinafter referred to as 'AVD', apply to all agreements that Vlug Wonen BV, hereinafter referred to as 'Broker', concludes with its Clients. 2 Intermediation is understood to mean: the best efforts obligation of the Estate Agent aimed at establishing, against payment of a fee by the Client, a rental agreement for a living space between the Client and his other party, as referred to in Article 7: 425 BW. The broker will never accept a mediation assignment for the same living space from the other party of the Client. An assignment for mediation does not form part of a search as referred to in Article 3 paragraph 1 of this AVD (lease) and Article 4 paragraph 1 of this AVD (rental). A search and an order for mediation can be combined. 3 If the Client is the party that wishes to rent this accommodation and has given the Estate Agent an instruction to mediate for this purpose, the other party is understood to be the (prospective) lessor of the relevant living space. If the Client is the party that wishes to rent out this living space and has given the Estate Agent an instruction to mediate for that purpose, the other party is understood to mean the (prospective) tenant of the relevant living space. 4. Provisions that deviate from these AVD are only 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. therefore not applying (part of) a provision of these General Terms and Conditions for Services does not affect the applicability of the other provisions.


Article 2: Cooperation of the Client in the implementation of the agreement
1. The parties will not do and / or omit anything that impedes or may impede the proper implementation of this agreement. The Client will cooperate in all respects with the proper performance of the agreement by both parties, including by making all necessary information and documents available to the Estate Agent in a timely manner. after the Client has provided him with all necessary data and documents and the Client has made any agreed (advance) payment and / or down payment.


Article 3: If the Client is a home seeker (rental)
Content of the assignment. Activities and working methods of the Estate Agent 1. 'Search' is understood to mean the best efforts obligation of the Estate Agent aimed at looking for suitable rental accommodation for the Client outside the Estate Agent's own offer. 2 The activities of the Estate Agent may, depending on the wishes of the Client and what parties agree on this at the time of the formation of the agreement and any subsequent agreement, consist of the following components:
Search:
* providing general information about, among other things, the possibilities of finding housing, the local housing market, the housing permit, the housing allowance, rent protection, rental prices, registration in the municipal personal records database;
* making an inventory of the housing requirements / search profile of the Client;
* searching for suitable accommodation for the Client on the basis of the housing requirements / the search profile of the Client;
* organizing a or more viewings by Opdrach Client of and providing information about one or more home (s);
* Evaluation of viewings with Client.

Mediation assignment:
* Compiling a complete file on Client and nominating Client as candidate tenant to potential tenant on the basis thereof landlord (s) and endeavor to grant the relevant accommodation to the Client;
* conducting negotiations on behalf of the Client with potential landlord (s) about the content of the lease;
* establishing a written lease and arranging for the signing of the lease by both parties;
* providing information about and an explanation of the lease

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 the meters anden, control keys, control inventory, inventory of defects); * ensuring that the landlord fulfills his obligations at the start of the lease;
* providing support with: maintenance contracts, relocation, transport / purchase of inventory, searching for workers in 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. will only represent the interests of the Client in the performance of its activities and not those of the (prospective) lessor.
4. The Estate Agent will never mediate on behalf of both the (prospective) lessor of a living space and the Client in the realization of a rental agreement for that residential space.
5.The Client will on its own initiative provide the Estate Agent with all information, data and be separations 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 statement (s), employment contract, recent bank statements (showing salary payments), employer's 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 notified the Estate Agent that it wishes to rent a living space proposed by the Estate Agent, with the request to the Estate Agent for this purpose. To notify the lessor and to mediate in the realization of a lease with the lessor, the Estate Agent will confirm this notification to the Client by e-mail. The Client has the right to withdraw its notification as referred to above by notifying the Estate Agent within 24 hours after the sending of this e-mail message by e-mail. 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.

Fee for the services provided by Makelaar

7. If, as a result of the services provided by Makelaar, a lease for residential accommodation is concluded between Client and a landlord, Client shall owe Makelaar a remuneration (brokerage fee). This fee is set out in the agreement between the parties (order for services). This fee is payable by Client to Makelaar at the time of the conclusion of the lease.

8. The fee is deemed to be a reasonable compensation for the activities that Makelaar performs for Client in connection with the implementation of the agreement. The parties take into account that the payment due is a customary rate in the market which is not linked to the extent of the activities to be performed by Makelaar but to the result to be achieved.

9. Broker has the right to ensure that Client can only move into the accommodation after the fee has been paid to Broker.

10.If the Client and / or his relations appear to be going to live in a residential space, of which the Client has obtained the details of the Estate Agent, the Client will owe the agreed fee to the Estate Agent, regardless of whether the rental agreement is.
11. If, for whatever reason, the Client does not start living in the residential space for which a lease has been concluded through the mediation by the Estate Agent, or if the lease for this residential space is terminated, destroyed or dissolved , the Client remains obliged to pay the agreed fee b 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 his possible right to withdraw that notification has lapsed, still withdraws his notification or otherwise frustrates the conclusion of a lease, the Client is obliged to compensate the Estate Agent for the damage he 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 lease agreement were to be concluded for the living space. If the amount of the agreed fee 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 landlord.
13 Immediately after the Client and a prospective landlord have reached agreement on a rental agreement for a residential space through the mediation of the Estate Agent, the Estate Agent will, before drawing up a rental agreement to be signed, drawing up a rental confirmation form of the core clauses of the rental agreements. Client is obliged to immediately sign this rental confirmation form.


Article 4: If the Client is a homeowner living space (rental)

1. 'Search' is understood to mean the Estate Agent's best efforts obligation aimed at finding a suitable tenant for the relevant living space for the Client.

2 The activities of the Estate Agent may, depending on the wishes of the Client and what the parties agree on this when the agreement is concluded and any further agreement thereafter, consist of, among other things:
* advising on the rental of accommodation and market conditions;
* inspecting the accommodation;
* determining the rental value of the living space;
* taking the meter readings;
* taking photos of the living space;
* posting photos and information about the living space on the Estate Agent's website, on various living space websites, at other brokers / intermediaries and / or in other media;
* placing a rental sign;
* drawing up and placing a window advertisement;
* pre-screening of potential tenant (s);
* negotiating on behalf of the Client with potential tenant (s) about the content of the lease;
* establishing a written lease and arranging for the signing of the lease by both parties;
* providing information about and an explanation of the rental agreement;
* ensuring that the first payment is made by the tenant on time;
* organizing the delivery of the living space;
* drawing up a proper inspection report (with photos) in triplicate (including recording the meter readings, checking keys, checking inventory, inventory of defects).
3. The Client will provide the Estate Agent on its own initiative with all information and documents that are necessary in the context of the execution of the assignment and the Client is responsible for the correctness thereof.
4.If from the mediation by the Estate Agent for the Client a rental agreement for the living space ensues, 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 of the invoice to be sent to him by the Estate Agent for this purpose.
5.The fee is deemed to be a reasonable fee for the work that the Estate Agent performs for the Client in the performance of the agreement. The parties take into account that the fee payable is a rate customary 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 the tenant from the tenant. 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 be (partly) renting out the relevant accommodation or has (partly) given it to use to one or more persons or parties. , from whom the Client has obtained the details of the Estate Agent, the Client owes the agreed fee to the Estate Agent, regardless of whether the lease has been concluded through the intermediary of the Estate Agent.
8. If, for whatever reason, the tenant, with whom the Client, through the intermediation of the Estate Agent, has has entered into a rental agreement, does not go to live in the relevant residential space, or if the rental agreement for this residential accommodation 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 the living space concerned a (huisve stings) permit is required, then obtaining this permit for the benefit of the Client and / or the 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 or will be granted, unless the parties are otherwise. agreed.
10. If the Client, after the negotiations with a prospective tenant have commenced, whether or not after the Client has signed a letter of intent, terminates the negotiations, becomes frustrated and / or is no longer willing to rent the relevant living space to the prospective tenant, the Client is obliged to compensate the Estate Agent for the damage he 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 lease agreement were to be concluded for the living space. 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 of 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 on a rental agreement for a residential space through the mediation of the Estate Agent, the Estate Agent will, before drawing up a rental agreement to be signed, drawing up a rental confirmation form of the core clauses of the rental agreements. 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 (s) with regard to the accommodation, mortgagee (s), insurer (s), (local) authorities, competent authorities, manager (s), other living space broker (s), Owners' Association and the like) to be entitled to offer and rent out the living space for rent and indemnify the Estate Agent against all possible claims from third parties in this respect and for all to be made by the Estate Agent in this regard. extrajudicial and judicial costs. The broker does not accept any liability in this respect.
13. The client declares to be fully aware that under mandatory legislation the tenant of living space 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 payments. 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 rent, the amount of the deposit, the composition of the service package, the amount of (the advance for) the service costs and / or the amount of any one-off fees. The broker does not accept any liability for damage resulting from the content of the lease, in particular with regard to its duration, the amount of the rent, the amount of the deposit, the amount of (net advance for) the service costs, the composition of the service package and the (amount of) one-off payments.
14. The Client declares to be aware that the legal 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 contrary to the law or does not meet the applicable criteria, the tenant can ignore the temporary nature of the lease by invoking the law. The Estate Agent does not accept any liability for damage resulting from such a right or wrong claim on the tenant's rent protection.

Article 5: Personal data
The personal data of the Client will be included in the Estate Agent's records. The Estate Agent does not provide data to third parties without the Client's consent, 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 performance of the Client's assignment.


Article 6: Best efforts obligation of the estate agent
The agent will make every effort to the best of its ability and knowledge to achieve the result desired or intended by the Client. This is at all times a best efforts obligation of the Estate Agent and not an obligation to achieve results. If the result is not forthcoming, this does not release the Client from his 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: Termination and cancellation of the agreement
1 Unless otherwise agreed and without prejudice to the other provisions of these GTC, the agreement ends by, among other things:
a. achieving the intended result of the Estate Agent's efforts with the assignment;
b. termination by the Client;
c. termination by the Estate Agent.
2. by the Client after he has made the notification as referred to in article 3 paragraph 6 of these AVD to the Estate Agent and after his possible right to withdraw that notification has lapsed, the Client does not release the Client from his 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 the sub transactions with a prospective tenant have commenced as referred to in article 4, paragraph 10 of these GTC, does not release the Client from his 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 revoke this agreement at any time. to say. The broker will terminate the agreement, among other things, if he has to fear that the Client will not or not properly fulfill the lease to be established, without prejudice to his claims to payment as provided for in these AVD.
5. the parties do not derive any right to compensation from the termination of the agreement, unless it is canceled due to the failure of the other party to fulfill one or more obligations.

Article 8: Obligation to complain and lapse of rights
1. Complaints with regard to the broker activities performed and / or services rendered - must be reported 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 this, failing which the Client can no longer invoke any defects in the performance. of Broker.
2. Claims from n Client on Broker expires after 1 year after the agreement has been terminated

Article 9: Liability
1. Broker is not liable for damage of the Client, including consequential loss, trading loss, loss of profit and / or interruption loss, which is the result of his actions. or omission, that of its personnel or that of third parties engaged by it, in particular not for damage of the Client that is the result of the situation that the agreed rental price and / or the agreed service (costs) and / or the additional or non-recurring fees are not in accordance with the law or (can) be increased or decreased through legal proceedings.
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 mediation of the Estate Agent to the tenancy agreement to be established or concluded.
3. Insofar as the Estate Agent is liable for damage of r, his liability is limited to the amount of the payment to be made by the broker's insurer in the appropriate case, insofar as the broker is insured for this. If the Estate Agent is not insured as referred to above
4. The Estate Agent's liability is limited to twice the amount of the fee charged and / or to be charged by the Estate Agent to the Client for its activities and / or services. damage of the Client in these GTC does not apply if and insofar as the damage is due to intent and / or willful recklessness of the Estate Agent.

Article 10: Payment
1. Unless otherwise agreed or provided in these conditions, the Client must pay all that he owes to the Estate Agent. is payable within 14 days after the invoice date. This term applies as a deadline.
2.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, dissolution or cancellation.
3. In the event of late payment of all that the Client owes to the Estate Agent: a.the Client owes the Estate Agent default interest in the amount of 1% per month, to be calculated cumulatively over the principal sum. Parts of a month are considered a full month; after being reminded by the Estate Agent to do so, the Client will owe 15% of the principal sum and the default interest with a minimum of € 40.00
4. in respect of extrajudicial costs. - compliance by the Client with 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 its damage.
5. If the Client has not fulfilled its payment obligations on time, the Estate Agent is authorized to suspend the fulfillment of his obligations until payment has been made. The same applies if the Estate Agent already 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 Estate Agent is at the expense of the Client.
6. Payments made by the Client always serve to pay successively the interest due, the costs owed and the outstanding invoices that have been outstanding the longest.

Article 11: Competent court, applicable law
1 The agreement concluded between the Estate Agent and the Client is exclusively governed by Dutch law.
2 Any disputes will be settled by the competent Dutch court, although the Estate Agent, insofar as the law does not compellingly oppose this, is entitled to to bring a case before the competent court in the place where the Estate Agent is established.

Article 12: AVG (Privacy Law)

Our contact information

Vlug Wonen BV's core activity is the rental and management of real estate, both private and business. We process a multitude of personal data in this service to customers. Our contact details are:

phone: 053-8200820

-e-mail: info@vlugwonen.nl

-website: www.vlugwonen.nl

-post address: Kuipersdijk 127, 7512 CD Enschede

Why this statement?

We are responsible for protecting your personal data as well as possible. We must comply with the requirements of privacy regulations. We want to be transparent about the types of data we process, the purposes for the processing, with whom we share data and what rights you have with regard to your own data. We will inform you about this in this Privacy Statement. Do you have any questions after reading this document? Then contact us.

1. Types of data


1.1 We (possibly) process the following personal data from you:

-contact details, such as name, address, place of residence, telephone number, and email address;

age, gender, marital status;

data related to passport, driver's license or other form of identification (sometimes we ask for a copy of an ID);

-data about employment, income, profession and employer;

-data about financial situation, assets, and any debts;

data about current financial products, such as bank accounts or insurance;

-special personal data, for example health (in some cases);

data on any criminal offenses, fraud aspects (if relevant);

claims submitted / claim history data;

-(other information).

1.2 When we process health data or criminal data, we do so with the utmost care and usually only with your consent.


2 Purposes of data processing


2.1 We process your personal data for the following activities in our company:

assessing and accepting potential customers;

- sending any form of correspondence;

-drafting rental agreements and rental order confirmations;

- drawing up a check-in and / or check-out form;

drafting invoices;

-service contract;

-sending your data to landlords for control and verification;

-sending your data for (possible) requests for gas, water, electricity and internet;

- managing our relationship with (potential) customers and visitors;

managing and expanding our customer base;

- performing analyzes of personal data for statistical purposes and the use of an archive destination;

-carrying out (targeted) marketing and promotional activities to establish, maintain or expand a relationship with a (potential) customer;

-compliance with legal obligations;

-sending newsletters or information of a specific nature.

- [• other objectives].


3 Legal grounds for data processing


3.1 We use at least one of the following grounds for processing your personal data:

-performing an agreement for a rental / rental transaction or a financial service;

- being able to comply with a legal obligation that rests on us, for example, compliance with our legal duty of care during the term of a financial product that has been created through our mediation or compliance with legal deadlines for the retention of data;

-the explicit consent you have given to process data for specific purposes. You can always withdraw this permission;

-for the promotion of our legitimate interests in the context of our business operations or those of a third party. We always weigh up your interests against ours. Our interests include the careful execution of agreements with you, maintaining and possibly expanding our customer relationship through possible direct marketing and / or profiling aimed at marketing.


4. Storage and retention period of personal data


4.1 We only keep your personal data for as long as and insofar as we need it. We keep data that we necessarily need in any case for the duration of our relationship or agreement. If our relationship or

4.2 Agreement ends, we will keep the data for the statutory retention periods that apply to us.


5. Information, amendment and objection


5.1 You have specific rights with regard to the processing of your personal data. You can always contact us about this.

5.2 This certainly also applies to the following subjects:

whether we process your personal data;

-the way in which we process your personal data;

access to the personal data that we process about you;

objections to the processing of your personal data;

-adjustment of your personal data if these have (possibly) been processed incorrectly;

-restriction of your personal data;

deletion (erasure) of your personal data;

transfer of your personal data to yourself or to another organization at your request;

- Consultation with our data protection officer P. Martens can be reached on 053 820 0 820;

questions about the content of this Privacy statement.

5.3 Please note: we may not be able to comply with a request in all cases. If this is the case, we will let you know with reasons.


6. Security of your data


6.1 We have taken adequate technical and organizational measures to protect your personal data.


7. Providing information to third parties


7.1 We do not simply provide your personal data to others. We may do so if you have given us permission to do so, if we are obliged to do so by law or a court decision, or if such disclosure serves our purposes of processing personal data.

7.2 For the performance of our business operations and depending on the services provided to you, we may provide your personal data to the following persons or parties:

-financial institutions (such as banks or insurers) from whom we request a financial product for you or from whom you have a financial product that we manage for you; or; whereby we guide you during the term of the product;

persons and authorities that must be informed on the basis of a legal obligation;

-external parties that process data under our control and responsibility, such as our IT service provider or our (direct) marketing agency;

claims experts, anti-fraud databases such as Fish and Cis;

-notaries, lawyers, accountants (as appropriate);

-Landers;

-Energy companies and their intermediaries;

- [• other].

7.3 External parties that process the personal data under our responsibility do this exclusively for purposes and under conditions that we have agreed with them. We record this in written agreements.


8. Amendments to the Privacy statement


8.1 We may change this Privacy statement in the future. You will always find the most current statement on our website.


9.Right to complain



9.1 Do you disagree with the way in which we process your personal data or deal with your rights as a customer? In any case, please contact us. The contact person is Mr. P. Martens. (owner).

9.2 You can also submit a complaint to the Dutch Data Protection Authority. Please visit www.autoriteitpersoonsgegevens.nl for this.


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