General conditions

GENERAL TERMS AND CONDITIONS OF SERVICE
K&P MAKELAARS B.V.
Model Pararius B.V. 28-01-2016

Article 1: Applicability, definitions

These General Terms and Conditions of Services, hereinafter referred to as the ‘AVD’, apply to all agreements that K&P Makelaars B.V., hereinafter referred to as ‘Broker’, concludes with its Clients.
Mediation means: the best efforts obligation of Estate Agent aimed at establishing, in return for payment of a fee by the Client, a lease for a living space between the Client and its counterparty, as referred to in Section 7: 425 of the Netherlands Civil Code. The Estate Agent will never accept an assignment for mediation for the same accommodation from the Client’s counterparty. A mediation assignment does not form part of a search as referred to in article 3 paragraph 1 of this AVD (hire) and article 4 paragraph 1 of this AVD (rental). A search and an assignment to mediate can be combined.
If the Client is the party that wishes to hire this accommodation and has provided the Estate Agent with an assignment for mediation, the other party means the (prospective) lessor of the relevant accommodation. If the Client is the party that wishes to rent this accommodation and has provided the Estate Agent with an assignment for mediation, the other party means the (prospective) tenant of the relevant accommodation.
Provisions that deviate from this AVD are only part of the agreement concluded between the parties if and insofar as parties have expressly agreed this in writing.
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.
For whatever reason, the applicability of the other provisions will not be affected by any (part of) provision of these General Terms and Conditions of Services.

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

The parties will not do anything and / or neglect that impedes or impedes the proper execution of this agreement. The Client shall cooperate in all respects to the proper execution of the agreement by both parties, inter alia by making all necessary data and documents available to the Estate Agent on time.
The Estate Agent will not start the execution of the work until the Client has provided him with all necessary data and documents and the Client has made any (advance) payment and / or down payment agreed.

Article 3: If the Client is a home seeker (renting)

Content of the assignment. Work and working method of Broker

The term ‘search’ is defined as the best efforts obligation of the Estate Agent, aimed at finding suitable rental living space for the Client.
The activities of Broker may, depending on the wishes of the Client and what parties agree on this when the contract is concluded and which may subsequently be further agreed, consist of, among other things, the following components:

Search:

providing general information about, among other things, the possibilities to find a living space, the local housing market, the housing permit, the housing allowance, the rent protection, the rents, the registration in the municipal administration;
the inventory of the housing requirements / search profile of the Client;
searching for suitable living space for Client based on the housing wishes / search profile of the Client;
organizing one or more visits by the Client and providing information about one or more home (s);
evaluation of viewings with the Client.

Mediation assignment:

compiling a complete file on the Client and recommending this on the basis of the Client as potential tenant with potential landlord (s) and making efforts to ensure that the Client grants the relevant accommodation to the Client;
conducting negotiations with potential landlord (s) on the contents of the lease agreement on behalf of the Client;
the establishment of a written lease and the signing of the lease by both parties;
giving 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, inventory check, inventory of defects);
ensuring that the lessor meets his obligations at the start of the lease;
providing support with: maintenance contracts, relocation, transport / purchase of inventory, searching for workmen in connection with painting, wallpapering and laying of the floor, etc.
providing support with: a telephone and internet connection and / or a connection to utility services;
acting as a first-line contact point for the Client during the rental agreement.

During the performance of its work, the Estate Agent will only represent the interests of the Client and not that of the (prospective) landlord.
The broker will never mediate on behalf of both the (prospective) landlord of a living space as well as the Client in the realization of a lease for that living space.
The Client will provide the Estate Agent, on its own initiative, with all information, data and documents that are necessary for the execution of the assignment and the Client guarantees the correctness thereof. These 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 (which show 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 to fulfill the assignment.
After the Client has informed the Estate Agent that he wishes to rent a residential property proposed by the Estate Agent with the request to the Estate Agent to notify the Landlord and to mediate the conclusion of a tenancy agreement with the Landlord, the Estate Agent will send this notice by e-mail. to the Client. The Client has the right to withdraw his notification as referred to above by notifying the Estate Agent by e-mail within 24 hours after the sending of this e-mail. This right expires after this period of 24 hours. The Client does not have this right if he has made his announcement as described 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 of Broker

If a rental agreement for accommodation between the Client and a lessor ensues from the services provided by the Estate Agent, the Client will owe the Estate Agent a fee (brokerage fee). This fee is laid down in the agreement between the parties (service contract). This fee is owed by the Client to the Estate Agent upon the conclusion of the rental agreement.
The compensation is deemed to be a reasonable compensation for the work performed by the Broker for the Client for the execution of the agreement. In doing so, the parties take into account that the remuneration due is a customary market rate that is not linked to the size of the work to be performed by the Estate Agent, but to a result to be achieved.
The Estate Agent has the right to ensure that the Client can only purchase the accommodation after the compensation has been paid to the Estate Agent.
If the Client and / or his relations appear to live in a residential space, from which the Client has obtained the information from the Estate Agent, the Client will owe the agreed fee to the Estate Agent, regardless of whether the lease has been concluded through the intermediary of the Estate Agent.
If, for whatever reason, the Client does not reside in the accommodation for which a brokerage agreement has been concluded by the broker, or if the lease for this accommodation is terminated, destroyed or dissolved, the Client shall continue to pay the agreed fee. pay and the Client is not entitled to full or partial refund thereof.
If the Client, after the notice or written confirmation as referred to in Article 3, paragraph 6 of these General Terms and Conditions, has given the Estate Agent and after his possible right to withdraw the notice has expired, his notice will be withdrawn or otherwise the establishment of a lease agreement, Client is obliged to Reimburse 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 lease was concluded for the living space. If the amount of the agreed fee is based on the amount of the rent to be agreed with the prospective landlord and no rent 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 for any damage suffered by the relevant prospective landlord.
Immediately after the Client and a prospective landlord have reached agreement about a lease for a living space through brokerage of Estate Agent, before taking out a lease agreement to be signed by both parties, Estate Agent will draw up a rental confirmation form of the core stipulations of the lease agreements. The client is obliged to immediately sign this rental confirmation form.

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

The term ‘search’ is defined as the obligation of the Estate Agent to focus on searching for a suitable tenant for the Client for the living space concerned.
The activities of Broker may, depending on the wishes of the Client and what parties agree on this when the contract is concluded and possibly afterwards further agree, include:

advising on the rental of living space and market conditions;
 inspecting the living space;
determining the rental value of the living space;
recording the meter readings; 
taking photos of the living space; 
placing photos and information about the living space on the broker’s website, on various living space websites, with other brokers / brokers and / or in other media; 
placing a renting board; 
drawing up and placing a display window advertisement;
pre-screening potential tenant (s); 
conducting negotiations with potential tenant (s) on behalf of the Client regarding the contents of the rental agreement; 
the establishment of a written lease and the signing of the lease by both parties; 
giving 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, inventory check, inventory of defects).

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 guarantees the correctness thereof.
If a rental agreement for the accommodation comes from brokerage by the Estate Agent for the Client, the Client shall owe the Estate Agent the fee (brokerage fee) agreed between the parties. This commission is due by the Client within 14 days after the invoice to be sent to it by the Estate Agent.
The compensation is deemed to be a reasonable compensation for the work performed by the Broker for the Client for the execution of the agreement. In doing so, the parties take into account that the remuneration due is a customary market rate that is not linked to the size of the work to be performed by the Estate Agent, but to a result to be achieved.
The Client will instruct the Estate Agent to collect the amounts from the tenant for the first month of gross rent and the deposit. The Estate Agent will transfer the collected amounts to the Client, after deduction of any amounts owed by the Client to the Estate Agent.
If the Client, the Client the agreed fee to the agency on housing (also) appears to rent or (partly) in use appears to have given to one or more persons or parties from whom the Client has obtained the data broker, irrespective of whether the lease has been concluded through brokerage
If for whatever reason the tenant, with whom the Customer has concluded a lease agreement by mediation agency, not going to live on in the living room, or the lease for this accommodation is terminated, annulled or terminated, the Client remains obliged agreed payment and the Client is not entitled to full or partial refund.
Where the relevant accommodation is required (housing) license, then obtaining this permit for the Client and / or tenant at the expense and risk of the Client and the Client shall pay the agreed fee regardless of whether the license is or will be granted unless parties have agreed otherwise.
If the Client, after negotiations with a prospective tenant commenced or not after the Client have signed an MoU, the ends negotiations, frustrated and / or no longer willing to let the relevant accommodation to the prospective tenant, Client is obliged to compensate the Estate Agent 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 lease was concluded for the living space. If the amount of the agreed fee is based on the amount of the rent to be agreed with the prospective tenant and no rent 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 for any damage suffered by the relevant prospective tenant.
Immediately after the Client and a prospective tenant have reached agreement about a lease for a residential property through the brokerage of Estate Agent, the Estate Agent will draw up a rental confirmation form of the core stipulations of the lease agreements before signing a rental agreement to be signed by both parties. The client is obliged to immediately sign this rental confirmation form.
The client declares and guarantees in all respects (among other things, in view of possible claims of whatever nature of any other rightful claimant (s) with respect to the accommodation, mortgage holder (s), insurer (s), (local) authorities, competent authorities). authorities, administrator (s), other living room broker (s), Association of Owners and the like) are entitled to offer and lease the accommodation for leasing and indemnifies the Estate Agent for all possible claims from third parties in this respect and for all the Estate Agent in this matter to make extrajudicial and judicial costs. Estate Agent accepts no liability in this matter.
The client declares to be fully aware that according to mandatory legislation the tenant of living space is protected against, among other things, termination of the rent by the landlord, against excessive rents, excessive or incorrect service costs and excessive or incorrect one-off fees at the conclusion of lease agreements. Client (and not 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. Realtor accepts no liability whatsoever for damage resulting from the contents of the rental agreement in particular regarding its duration, the amount of the rent, the amount of the deposit, the amount of (just advance payment for) the service costs, the composition of the service package and the (amount of) one-off fees.
The Client declares that it is aware that the statutory rent (price) protection referred to in Article 4 paragraph 13 of this AVD also includes arrangements that limit the possibility of temporary lease contracts to specific cases and that, if a temporary lease is concluded. If in violation of the law or does not comply with the applicable criteria, the tenant can ignore the temporary nature of the lease by invoking the law. Realtor accepts no liability whatsoever for damage resulting from such a legitimate or incorrect appeal to rent protection of the tenant.

Article 5: Personal data
The personal data of the Client are recorded in the broker’s administration. Estate Agent shall not provide third parties with data without permission from the Client, unless it is obliged to do so on the grounds 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: Exercise obligation broker
The Estate Agent will make every effort to ensure that the desired or desired result is achieved by the Client. This is at all times a best efforts obligation of the Estate Agent and no obligation of result. If the result is not forthcoming, this Client does not therefore discharge his obligations towards the Estate Agent, with the exception of any obligations that are explicitly linked by the parties to achieving the intended result.

Article 7: Termination and cancellation of the agreement

Unless otherwise agreed and without prejudice to the other provisions in this AVD, the agreement will terminate, inter alia:

a. Achieving the result of the broker’s efforts as intended by the assignment; 
b. cancellation by the Client;
c. cancellation by Realtor.

Termination of the agreement by the Client after it has made the notice as referred to in Article 3 paragraph 6 of this AVD to the Estate Agent and after his possible right to withdraw the notice has expired, the Client does not release his liability for damages and obligation to indemnify towards the Estate Agent as referred to in the latter provision.
Termination of the agreement by the Client after the negotiations with a prospective tenant have commenced as referred to in Article 4 paragraph 10 of this AVD does not release the Client from his liability to pay damages and obligation to indemnify the Estate Agent as referred to in the latter provision.
The Client and the Estate Agent are entitled to terminate this agreement at any time. Estate Agent will terminate the agreement if, among other things, he has to fear that the Client will not or not properly comply with the rental agreement to be effected, without prejudice to his claims to payment as provided for in this AVD.
Without prejudice to the claims for compensation provided for in this AVD, the parties cannot derive termination rights from the termination of the agreement by giving notice of termination, unless they are terminated due to the failure of the other party to comply with one or more obligations.

Article 8: Complaint obligation and cancellation of rights

Complaints with regard to the activities and / or services provided by the Estate Agent – must be notified by registered letter within 2 months after discovery or after the Client should have reasonably discovered this by being notified to the Estate Agent, failing which the Client shall not appeal can do more on any defects in the broker’s performance.
Claims of the Client on Estate Agent expire after one year after the agreement has ended.

Article 9: Liability

Estate Agent is not liable for damage of Client, including consequential damage, trading loss, 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 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 one-off fees are not in accordance with the law or can be (or cannot be) increased or decreased.
Estate Agent is not liable for damage that the Client suffers as a result of acts or omissions of the other party in the realization of the rental agreement concluded or concluded by the broker.
Insofar as the Estate Agent is liable for damage of the Client, his liability is limited to the amount of the payment to be made by the Estate Agent’s insurer in the case in question, insofar as the Estate Agent is insured for this. If the Estate Agent is not insured as referred to above, the liability of Estate Agent is limited to twice the amount charged by the Estate Agent to the Client for its activities and / or services and / or to be charged.
Limiting the liability of the Estate Agent for damage of the Client in this AVD does not apply if and insofar as the damage is due to intent and / or deliberate recklessness of the Estate Agent.

Article 10: Payment

Unless otherwise agreed or stipulated in these conditions, the Client must pay all amounts due to the Estate Agent within 14 days of the invoice date. This term is a deadline.
All that the Client owes to the Estate Agent shall be paid in time by the Client without any recourse to a discount, suspension, set-off, dissolution or undoing.
In the event of late payment of all that the Client owes to the Estate Agent:

the Client owes the Broker a default interest of 1% per month, to be calculated cumulatively over the principal sum. Portions of a month are considered full months;
 the Client, after having been reminded of this by the Estate Agent, owes 15% of the principal sum and the default interest with a minimum of € 40.00 for extrajudicial costs.

The Estate Agent is authorized in the event of non-performance by the Client of any obligation arising from 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 fulfilled his payment obligations in time, the Estate Agent is entitled to suspend the fulfillment of his obligations until the payment has been made. The same applies if the Estate Agent already reasonably suspects that the Client will not meet his payment obligations before the commencement of default. The risk for the consequences of suspension by the Estate Agent is at the expense of the Client.
Payments made by the Client shall always serve to pay 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

Only Dutch law applies to the agreement between Broker and Client.
Any disputes will be settled by the competent Dutch court, albeit that the Estate Agent, insofar as the law does not compel against it, has the right to bring an action before the competent court in the place where the Estate Agent is established.

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