General Terms and Conditions of VlugWonen for House Hunters
General Terms and Conditions of VlugWonen for House Hunters
These general terms and conditions apply to every registration, contractual agreement for provision of services and/or mediation, as well as any ensuing additional and/or subsequent contracts(s) and agreements between Vlug Wonen BV(hereinafter referred to as: “Vlug Wonen”) and the Client, unless otherwise ensuing from these provisions.
Vlug Wonen: the (legal) person accepting the registration and/or accepting the contract for provision of services or mediation from the Client, pursuant to the confirmation of the contract.
The Registration: the registration of a (legal) person with Vlug Wonen as a House Hunter.
The Client: the (legal) person issuing the assignment to Vlug Wonen to find a residential home and/or office space.
Mediation: an order to provide services in relation to the mediation by Vlug Wonen in creating an agreement between the Client and a third party, as referred to in Section 7:425 of the Dutch Civil Code ("DCC").
3. The registration
3.1 A(legal) person can register with Vlug Wonen as a House Hunter.
3.2 Registration with Vlug Wonen does not give any right of access to Vlug Wonen 's up-to-date selection of rental properties. The registration is strictly personal, and it cannot be transferred.2
3.3 The registration is for the duration of the period for which it was entered into, depending on the registering party's choice. The date of registration (via the Internet) is the effective commencement date. The registration will only become active, if Vlug Wonen has receive all requested data, complete truthfully and in full, together with a declaration of acceptance of the general terms and conditions.
3.4 The registration will automatically end after the period for which it was entered into has elapsed. If the registration ends prematurely, the Client does not have any right to the full or partial refund of the registration fee.
3.5 Vlug Wonen is entitled to terminate the registration with immediate effect without any further notice of default or judicial intervention and/or to fully or partly block access to the account, whether or not this is on a temporary basis, if the Client fails to comply - or fails to comply properly or fully - with one or more of its obligations, including payment of the registration fee and the correct entry of data, vis-à-vis Vlug Wonen. In that case, Vlug Wonen will not owe any full or partial refund of the registration fee.
3.6 After registration, the Client will be signed up to the Vlug Wonen e-mail service. The Client will also receive personal log-in details for the Vlug Wonen website. The brochure entitled “Guide to renting with Vlug Wonen”, which is available on the Vlug Wonen website, contains relevant information pertaining to the rental of a residential home. The information contained in the brochure is of a purely general nature, and therefore it does not contain any recommendations in relation to a specific search.
3.7 If the Client is interested in (a) certain home(s), this must be indicated online and/or communicated to an employee of Vlug Wonen. Vlug Wonen will take care of the appointments for non-committal viewings. In principle, when viewing properties, the Client will be accompanied by a Vlug Wonen employee, who will take the Client on a tour of the property. Clients are entitled to an unlimited amount of viewings.
3.8 All publications regarding offers, discount offers and price requests on www.vlugwonen.nl, in e-mail newsletters or other communications from Vlug Wonen are subject to change. Vlug Wonen is not liable for any inaccuracies in publications on behalf of third parties.
3.9 Registration with VlugWonen in itself does not constitute any guarantee of finding a suitable residential home.
4. Contents of the contract in the event of mediation
4.1 Without prejudice to the provisions contained in Articles 6 through 11 of these general terms and condition, Articles 4 and 5 apply to any contractual agreement for mediation between Vlug Wonen and the Client.
4.2 Acontractual agreement for mediation refers to an to provide services in relation to the mediation by Vlug Wonen in creating an agreement between the Client and a third party, as referred to in Section 7:425 "DCC", in which respect there is, at the very least, compliance with the specifications provided by the Client. Vlug Wonen is not party to the agreement between the Client and the Lessor.
4.3 Vlug Wonen will not mediate on behalf of Tenants in the creation of rental/lease agreements for immovable property.
4.4 Unless parties explicitly agree otherwise in writing, the Client and Direct Vlug Wonen will not seek that Vlug Wonen is authorised by the Client, as referred to in Section 3:60 DCC, to carry out legal actions in its name or that Vlug Wonenwill carry out legal actions for the account of the Client pursuant to a mandate, as referred to in Section 7:414 DCC.
5. Remuneration in the event of mediation
5.1 The Client will owe the full fee for the work if, during the contractual term, a (lease) agreement is concluded between the Client and a third party that has placed its property on the Vlug Wonen website, even if the conclusion of this agreement is not the result of services provided by Vlug Wonen, unless otherwise explicitly agreed in the contractual agreement/confirmation of contract.
5.2 The Client will owe the full fee for the work if the agreement with a third party is concluded after the contractual agreement between Vlug Wonen and the Client has been terminated (by way of notice or otherwise) but the agreement with a third party is concluded as a result of the services provided by Vlug Wonen and/or because the Client acted in violation of Article 5 (1) and Article 6
(4) after this time, and/or because the Client conducted negotiations with third parties, besides Vlug Wonen, during the contractual term, in order to conclude an agreement itself or if, despite an irrevocable offer from the Client to enter into a lease agreement, the Client does not create the lease agreement on acceptance by the tenant or if any refusal by the tenant due to circumstances not attributable to the tenant result in no lease agreement being concluded.
5.3 If an agreement is created between the Client and a third party that had its property placed on the Vlug Wonen website after the date on which the contractual agreement was terminated, this agreement will be deemed to have been concluded by way of mediation by Vlug Wonen, unless the Client can produce proof to the contrary, and the Client will owe the full fee, unless the law would oppose this.
5.4 Cancellation by the Client If the Client no longer wishes to rent the property on offer for reasons that are not attributable to Vlug Wonen, after the Client has given its agreement, whether oral or
written, to the Lease Agreement Confirmation, then the Client is obligated to compensate Vlug Wonen for any losses suffered by Vlug Wonen. In any event, said losses will comprise the brokerage fee and contract costs (including VAT) lost by Vlug Wonen, which would normally be paid by the Client. In addition, the Client is bound to compensate any losses suffered by the Tenant in question.5
6. Contract General
6.1 The Client will provide Vlug Wonen will all information and documents required in the context of performing the contract, and the Client vouches for the accuracy of these.
6.2 Vlug Wonen will keep the Client informed about its activities, and it will render an account of the manner in which it discharged its duties vis-à-vis the Client. If Vlug Wonen receives amounts credited to the Client or pays amounts charged to the Client, it will make an account of these.
6.3 Each contract will be considered to be given to and accepted by Vlug Wonen, even if it is the explicit or silent intention of the Client that the contract is performed by one or more specific persons in the service of Vlug Wonen. Vlug Wonen is permitted to have the work in the context of the contract carried out by third parties (for example, by specialist construction inspectors), that are not employed by Vlug Wonen, provided the Client has provided its prior consent to this. The effectiveness of Section 7:404 DCC and Section 7:407 (2) DCC, to the effect that joint and severally liability will be established, if more than one person received the order, is excluded.
6.4 The Client will refrain from any activities that may overlap with the assignment to Vlug Wonen and/or that may impede Vlug Wonen in the performance of the contract.
7. Amount of fee and payment
7.1 The fee for the work (as referred to in Section 7:405 DCC or Section 7:426 DCC) contained in the contract confirmation, also referred to as the Lease Agreement Confirmation, includes the fee for any expenses incurred and yet to be incurred by Vlug Wonen in connection with the contract, unless otherwise explicitly provided for in the contract confirmation. In principle, the fee is equivalent to the net monthly rent (including any advance in respect of additional supplies and services, as well as gas, water, electricity), as listed in the lease agreement on commencement of the tenancy, unless otherwise provided for in the contract confirmation. In addition, the Client will owe any contract costs.
7.2 The fee(s) referred to Articles 5 and 7, will be increased by 19% VAT, and they must be paid before accepting the residential property.
7.3 The Client must Vlug Wonen the fee and the (contract) costs within 3 days of accepting a residential property and, by the very latest, at the same time as the first rent term, as indicated in the contract confirmation. If the Client owes the fee and the (contract) costs while the lease agreement has not been concluded, as referred to in Article 5.2, then payment must be made within 3 work days of the tenant receiving the rejection. In the event of non-payment, the Client will immediately be in default, without any further notice of default, and it will owe the statutory interest rate, plus 1%, for every day that the payment has not been made. Furthermore, the Client will owe extrajudicial collection costs in the amount of 15% of the fee, with a minimum of € 250.
8.1 The contractual agreement is entered into for an indefinite period, with effect for the date on which the contract is issued to Vlug Wonen.
8.2 The agreement will end (inter alia) by way of notice or because the work to be carried out in the context of the contract has been completed.
8.3 The Client is entitled to terminate this agreement at any time by way of registered letter, with due observance of a notice period of four weeks.
8.4 Vlug Wonen is authorised to terminate the agreement with immediate effect by way of registered letter if, inter alia (and therefore, the following is not exhaustive):
a) the Client acts in violation of any provision contained in the contractual agreement, these general terms and conditions or with any other agreement of any nature whatsoever concluded between Vlug Wonen and the Client, and if such a breach is not remedied within 7 days after the notice of default has been sent, without prejudice to Vlug Wonen 's right to full compensation of damages or compliance;
b) in the event of bankruptcy, (provisional) suspension of payments, a private agreement with creditors or the application of a declaration for debt restructuring for natural persons;
c) if Vlug Wonen is of the opinion that there is a serious disruption of the relationship between Vlug Wonen and the Client;
d) if the Client is gravely commercially discredited;7
e) if the Client takes up residence outside of the Netherlands and this results in insurmountable problems for Vlug Wonen;
f) if its appears that the Client has provided Vlug Wonen with incorrect data on entering into the agreement that is of such a nature that if Vlug Wonen had been aware of this data, the agreement would not have been concluded or would not have been concluded under the same terms and conditions;
g) if there are any other circumstances which in the opinion of Vlug Wonen oppose the continuation of the agreement.
8.5 Without prejudice to the obligation of the Client to pay the free for the work, as well as expenses, the Parties cannot derive any right of compensation of damages from the termination of the agreement, unless the agreement was cancelled on the basis a breach of contract.
8.6 Articles 8.1, 8.2 and 8.3 do not apply to the registration as referred to in Article 3.
9.1 Vlug Wonen has limited liability for the consequences of any professional errors. If, while performing the contract, an event - including negligence - occursthat leads to any liability, Vlug Wonen 's liability is limited the amount of the maximum fee that the Client paid to Vlug Wonen, as referred to in Article 7.1.
9.2 The Client indemnifies Vlug Wonen against any claims made by third parties, including the reasonably cost of any legal aid, that are in any way connectedto the work carried out by Vlug Wonen on behalf of the Client.
9.3 The limitation of liability contained in this Article will not apply, if the damage is attributable to any intent or gross negligence on the part of Vlug Wonen. In that case the liability is limited at a insured maximum of € 500.000,-
10. Applicable law / competent court
10.1 The contractual agreement and all ensuing agreements are governed by Dutch law.
10.2 Any disputes that may arise as a result of the contractual agreement or any further agreements that may result from the contractual agreement will be settled by the competent court in Overijssel.
11.1 These general terms and conditions apply to the registration and the mediation, insofar as these provisions do not provide otherwise.
11.2 The Client is aware that Vlug Wonen will mediate between the Client and the Tenant, on the Client's behalf. The Client is also aware that a number of tenants may be charged for the costs of any marketing activities that Vlug Wonen must specifically carry out on behalf of the tenants, such as offering the property on the Vlug Wonen website and advertising on other property-related, external websites. The Client is also aware that in order to guarantee the quality of the mediation, not only the Tenant's background but also the Lessor's background must be investigated. Insofar as there is any mandate/order to mediate on the part of both the Tenant, the Client hereby gives his prior and future agreement to this
11.3 Any amendments to or deviations from these terms and conditions, any agreement(s) concluded between parties and/or any additional or deviating stipulations are only effective, if the Parties have laid these down in writing and signed them.
11.4 If any provision contained in these General Terms and Conditions or the contractual agreement is invalid and or non-binding, this will not result in the aforesaid general terms and conditions or the contractual agreement being entirely invalid and/or non-binding. The parties will agree on a suitable regulation to replace the void or invalid provision, which regulation will come as close as possible to their intention and to the economic result they are aiming for, in a legally effective manner.
11.5 If a party fails to take any action in the event of a default by the counter party with respect to any provision contained in these general terms and condition or the contractual agreement by or any deviation in respect of any provision contained in these general terms and conditions or the contractual agreement, this cannot be considered a waiver of rights.
11.6 Unless otherwise provided for by these general terms and conditions and/or the contractual agreement, the rights and obligations outlined in these general terms and conditions and/or the contractual agreement cannot be transferred, unless all parties have consented to this in writing.
11.7 No independent meaning is given to the captions ("headings") above the separate provisions contained in the agreement or the general terms and conditions.
11.8 captions have only been added for the sake of clarity, and they have no influence on the interpretation of the provisions contained in this agreement.
11.9 If any provision contained in the agreement(s) concluded between Vlug Wonen and the Client is in violation with any of the provisions contained in these general terms and conditions, then the provision contained in the agreement will take precedence.
11.10 The agreement between Vlug Wonen and House Hunters is not subject to the General Terms and Conditions of Vlug Wonen BV.
11.11 The Dutch text of the general terms and conditions will take precedence over any translations of it.