General terms and conditions

GENERAL TERMS AND CONDITIONS FOR SERVICES Ronifica Real Estate Article 1: Applicability, definitions 1. These General Terms and Conditions for Services, hereinafter referred to as the 'GTC', apply to all agreements that Ronifica Real Estate, hereinafter referred to as the 'Broker', concludes with its Clients. 2. Mediation is understood to mean: the obligation of the Broker to make an effort to establish a rental agreement for residential space between the Client and his counterparty, in return for payment of a fee by the Client, as referred to in Article 7:425 of the Dutch Civil Code. The Broker will never accept an order for mediation for the same residential space from the Client's counterparty. An order for mediation does not include a search assignment as referred to in Article 3 paragraph 1 of these GTC (rental) and Article 4 paragraph 1 of these GTC (letting). A search assignment and an order for mediation can be combined. 3. If the Client is the party that wishes to rent this residential property and has given the Broker an assignment to mediate for this purpose, the other party shall be understood to be the (prospective) lessor of the residential property in question. If the Client is the party that wishes to rent this residential property and has given the Broker an assignment to mediate for this purpose, the other party shall be understood to be the (prospective) tenant of the residential property in question. 4. Provisions that deviate from these General Terms and Conditions of Sale shall only form part of the agreement concluded between the parties if and to the extent that the parties have expressly agreed to this in writing. 5. If the Client consists of two or more (legal) persons, they shall be jointly and severally liable to the Broker for the fulfilment of all obligations towards the Broker. 6. The inapplicability of (part of) a provision of these General Terms and Conditions of Sale for whatever reason shall not affect the applicability of the other provisions. Article 2: Cooperation of the Client in the performance of the agreement 1. The parties shall not do or omit anything that hinders or may hinder the proper performance of this agreement. Client shall cooperate in all respects with the proper execution of the agreement by both parties, including by providing the Broker with all necessary information and documents in a timely manner. 2. The Broker shall not commence the execution of the work until the Client has provided him with all necessary information and documents and the Client has made any agreed (advance) payment and/or down payment. Article 3: If the Client is a home seeker (rental) Content of the assignment. Activities and working methods of the Broker 1. The term 'search assignment' means the Broker's obligation to make an effort to find suitable rental accommodation for the Client. 2. The activities of the Broker may, depending on the wishes of the Client and what the parties agree on this when concluding the agreement and any subsequent agreements, consist of, among other things, the following components: Search assignment: * providing general information about, among other things, the possibilities of finding accommodation, the local housing market, the housing permit, the rent allowance, the rent protection, the rental prices, the registration in the municipal basic administration; * inventorying the housing requirements/search profile of the Client; * searching for suitable housing 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 homes; * evaluation of viewings with the Client. Assignment for mediation: * compiling a complete file on the Client and, on the basis thereof, presenting the Client as a candidate tenant to potential landlord(s) and making an effort to ensure that the latter grants the relevant housing to the Client; * conducting negotiations on behalf of the Client with potential landlord(s) about the content of the lease; * drawing up 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 landlord is made on time; * organizing the delivery of the housing; * drawing up a proper inspection report (with photos) in triplicate (including recording of meter readings, checking keys, checking inventory, inventory of defects); * ensuring that the landlord meets his obligations at the start of the lease; * providing support with: maintenance contracts, moving, transport/purchase of inventory, finding workers in connection with painting, wallpapering and laying the floor, etc.; * providing support with: a telephone and internet connection and/or a connection to utilities; * acting as a first-line point of contact for the Client during the lease. 3. In carrying out his work, the Broker will exclusively represent the interests of the Client and not those of the (prospective) landlord. 4. The Broker will never mediate in the conclusion of a lease for that residential property on behalf of both the (prospective) landlord of a residential property and the Client. 5. The Client shall, on its own initiative, provide the Broker with all information, data and documents 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 (proving salary payments), employer's statements and the like. The Client has the right to share this information, data and documents with third parties to the extent that this is useful and necessary for the fulfillment of the assignment. 6. After the Client has informed the Broker that it wishes to rent a residential property provided by the Broker and has requested the Broker to inform the landlord of this and to mediate in the conclusion of a rental agreement with the landlord, the Broker 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 Broker of this by e-mail within 24 hours of the sending of this e-mail. After this period of 24 hours, this right expires. The Client shall not have this right if he has made his notification as referred to above in writing or by e-mail to the Broker or has confirmed it in writing in a letter of intent signed by the Client. Compensation for the services provided by the Broker 7. If the services provided by the Broker result in a rental agreement for residential accommodation between the Client and a landlord, the Client shall owe the Broker a fee (commission). This fee is set out in the agreement between the parties (service order). This fee is owed by the Client to the Broker upon conclusion of the rental agreement. 8. The fee is deemed to be a reasonable fee for the work that the Broker performs for the Client in the performance of the agreement. The parties shall take into account that the fee owed is a rate that is customary in the market and is not linked to the scope of the work to be performed by the Broker but to a result to be achieved. 9. The Broker shall have the right to ensure that the Client can only occupy the residential accommodation after the fee has been paid to the Broker. 10. If the Client and/or his relations appear to be going to live in a residential property, the details of which were obtained by the Client from the Estate Agent, the Client shall owe the agreed fee to the Estate Agent, regardless of whether the tenancy agreement was concluded through the mediation of the Estate Agent. 11. If, for whatever reason, the Client does not go to live in the residential property for which a tenancy agreement was concluded through the mediation of the Estate Agent, or if the tenancy agreement for this residential property is terminated, annulled or dissolved, the Client shall remain obliged to pay the agreed fee and the Client shall not be 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 General Terms and Conditions to the Estate Agent and after his possible right to withdraw that notification has expired, withdraws his notification or otherwise frustrates the conclusion of a tenancy agreement, the Client shall be 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 rental agreement were to be concluded for the residential property. If the amount of the agreed compensation is based on the amount of the rent to be agreed with the prospective lessor and no rent has yet been agreed, the compensation will be based on the gross rent of the initial rental offer of the prospective lessor. In addition, the Client is obliged to indemnify the Estate Agent for any damage suffered by the prospective lessor in question. 13. Immediately after the Client and a prospective lessor have reached agreement on a rental agreement for residential property through the mediation of the Estate Agent, the Estate Agent will, before drawing up a rental agreement to be signed by both parties, draw up a rental confirmation form of the core provisions of the rental agreements. The Client is obliged to sign this rental confirmation form immediately. Article 4: If the Client is the owner of a residential property (rental) 1. The term 'search assignment' means the obligation of the Estate Agent to make an effort to find a suitable tenant for the residential property in question 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 concluding the agreement and any subsequent agreements, consist of, among other things: * advising on the rental of residential property and market conditions; * inspecting the residential property; * determining the rental value of the residential property; * recording the meter readings; * taking photos of the residential property; * placing photos and information about the residential property on the Estate Agent's website, on various residential property websites, with other estate agents/intermediaries and/or in other media; * placing a rental sign; * drawing up and placing a 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 tenancy agreement and arranging for the tenancy agreement to be signed by both parties; * providing information about and an explanation of the tenancy agreement; * ensuring that the first payment is made on time by the tenant; * organising the delivery of the accommodation; * drawing up a proper inspection report (with photos) in triplicate (including recording of meter readings, checking keys, checking inventory, inventory of defects). 3. Client will, on its own initiative, provide the Broker with all information and documents that are necessary in the context of the execution of the assignment and Client guarantees the correctness thereof. 4. If a tenancy agreement for the accommodation results from the mediation by the Broker for the Client, Client owes the Broker the fee (commission) that the parties have agreed upon. This commission is owed by Client within 14 days after the invoice to be sent to him by the Broker for that purpose. 5. The fee is deemed to be a reasonable compensation for the work that the Broker performs for the Client in the execution of the agreement. Parties take into account that the fee due is a market rate that is not linked to the scope of the work to be performed by the Broker but to a result to be achieved. 6. Client instructs Broker to collect the amounts for the first month's gross rent and the security deposit from the tenant. Broker will transfer the collected amounts to Client, after offsetting any amounts owed by Client to Broker. 7. If Client appears to (jointly) let the relevant residential property or appears to have (jointly) made it available for use to one or more persons or parties from whom Client obtained Broker's details, Client shall owe Broker the agreed fee, regardless of whether the lease agreement was concluded through Broker's mediation. 8. If, for whatever reason, the tenant with whom Client has concluded a lease agreement through Broker's mediation does not move into the relevant residential property, or if the lease agreement for this residential property is terminated, annulled or dissolved, Client shall remain obliged to pay the agreed fee and Client shall not be entitled to full or partial reimbursement thereof. 9. If a (housing) permit is required for the relevant residential space, obtaining this permit for the benefit of the Client and/or tenant shall be at the expense and risk of the Client and the Client shall 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 with a prospective tenant have commenced, whether or not after the Client has signed a letter of intent to that effect, terminates the negotiations, frustrates them and/or is no longer prepared to rent the relevant residential space to the prospective tenant, the Client shall be obliged to compensate the Estate Agent for the damage suffered by him. The aforementioned damage shall in any case consist of an amount equal to the agreed fee that the Client would owe if a definitive rental agreement were to be concluded for the residential 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 shall be based on the initial rental offer from the Client. In addition, the Client is obliged to indemnify the Broker for any damage suffered by the prospective tenant in question. 11. Immediately after the Client and a prospective tenant have reached agreement on a rental agreement for residential property through the mediation of the Broker, the Broker will, before drawing up a rental agreement to be signed by both parties, draw up a rental confirmation form of the core provisions of the rental agreements. The Client is obliged to sign this rental confirmation form immediately. 12. The Client declares and guarantees in all respects (including taking into account possible claims of any nature whatsoever from any other rightful claimant(s) with regard to the residential property, mortgage holder(s), insurer(s), (local) authorities, competent authorities, manager(s), other residential property broker(s), Owners' Association and the like) that it is entitled to offer the residential property for rent and to rent it out and indemnifies the Broker against all possible claims from third parties in this regard and for all extrajudicial and judicial costs to be incurred by the Broker in this regard. The Broker accepts no liability in this regard. 13. The Client declares to be fully aware that, according to mandatory legislation, the tenant of residential property is protected against, among other things, termination of the lease by the landlord, against excessively high rents, excessively high or incorrect service charges and excessively high or incorrect one-off fees when concluding lease agreements. The Client (and not the Broker) determines the desired duration of the lease agreement, the amount of the rent, the amount of the deposit, the composition of the service package, the amount of (the advance payment for) the service charges and/or the amount of any one-off fees. The Broker accepts no liability for damage resulting from the content of the lease agreement, in particular with regard to its duration, the amount of the rent, the amount of the deposit, the amount of (just the advance payment for) the service charges, the composition of the service package and the (amount of) one-off fees. 14. Client declares to be aware that the statutory rent (price) protection referred to in Article 4 paragraph 13 of these General Terms and Conditions also includes regulations that limit the possibility of temporary rental contracts to specific cases and that, if a temporary rental agreement is concluded in violation of the law or does not meet the applicable criteria, the tenant can ignore the temporary nature of the rental agreement by invoking the law. Broker accepts no liability for damage resulting from such a justified or unjustified appeal to rent protection by the tenant. Article 5: Personal data Client's personal data will be included in Broker's administration. Broker will not provide data to third parties without Client's permission, unless required to do so by law and/or useful or necessary for the execution of the assignment. The registered data will be used exclusively by Broker for the purpose of executing Client's assignment. Article 6: Broker's obligation to make an effort Broker will make every effort to achieve the result desired or intended by Client. This is at all times an obligation of best efforts of the Broker and not an obligation of result. If the result fails to materialise, this does not release the Client from his obligations towards the Broker, with the exception of any obligations that the parties have expressly linked to achieving the intended result. Article 7: Termination and termination of the agreement 1. Unless otherwise agreed and without prejudice to the other provisions of these General Terms and Conditions, the agreement ends, among other things, by: a. Achieving the intended result with the assignment from the efforts of the Broker; b. termination by the Client; c. termination by the Broker. 2. Termination of the agreement by the Client after he has made the notification referred to in article 3 paragraph 6 of these General Terms and Conditions to the Broker and after his possible right to withdraw that notification has expired, does not release the Client from his liability for damages and obligation to indemnify the Broker as referred to in the latter provision. 3. Termination of the agreement by the Client after negotiations with a prospective tenant have commenced as referred to in Article 4 paragraph 10 of these General Terms and Conditions does not release the Client from his liability for damages and obligation to indemnify the Broker as referred to in the latter provision. 4. The Client and the Broker are entitled to terminate this agreement at any time. The Broker will terminate the agreement, among other things, if he fears that the Client will not or will not properly fulfil the lease agreement to be concluded, without prejudice to his claims for payment as provided for in these General Terms and Conditions. 5. Without prejudice to the claims for damages provided for in these General Terms and Conditions, the parties cannot derive any right to damages from the termination of the agreement by notice, unless notice is given due to the other party's failure to fulfil one or more obligations. Article 8: Obligation to complain and expiry of rights 1. Complaints regarding the work performed and/or services provided by the Broker - must be reported by Client to the Broker by registered letter no later than 2 months after discovery or after Client should reasonably have discovered them, failing which Client can no longer rely on any defects in the Broker's performance. 2. Claims of Client against Broker expire after 1 year after the agreement has ended. Article 9: Liability 1. Broker is not liable for damage suffered by Client, including consequential damage, business damage, loss of profit and/or stagnation damage, which is the result of its actions or omissions, that of its personnel or that of third parties engaged by it, in particular not for damage suffered by Client which is the result of the situation in which the agreed rental price and/or the agreed service (costs) and/or the additional one-off or non-recurring fees are not in accordance with the law or (can) be increased or decreased through legal procedures. 2. Broker is not liable for damage suffered by Client as a result of actions or omissions of the other party to the rental agreement to be concluded or concluded through the mediation of Broker. 3. To the extent that Broker is liable for damage suffered by Client, his liability is limited to the amount of the payment to be made by Broker's insurer in the relevant case, to the extent that Broker is insured for this. If Broker is not insured as referred to above, Broker's liability is limited to twice the amount of the fee charged and/or to be charged by Broker to Client for its activities and/or services. 4. The limitation of Broker's liability for damage suffered by Client in these General Terms and Conditions does not apply if and to the extent that the damage is attributable to intent and/or deliberate recklessness on the part of Broker. Article 10: Payment 1. Unless otherwise agreed or provided in these terms and conditions, Client must pay all amounts owed to Broker within 14 days of the invoice date. This term is considered a fatal term. 2. All amounts owed by the Client to the Broker shall be paid by the Client in a timely manner without any claim for discount, suspension, settlement, dissolution or cancellation. 3. In the event of late payment of all amounts owed by the Client to the Broker: a. the Client shall owe the Broker default interest of 1% per month, to be calculated cumulatively on the principal sum. Parts of a month shall be considered a full month; b. the Client, after having been reminded to do so by the Broker, shall owe 15% of the principal sum and default interest in respect of extrajudicial costs, with a minimum of €40.00. 4. The Broker shall be authorised, in the event of non-compliance by the Client with any obligation under the agreement, to dissolve the agreement in whole or in part without further notice of default or judicial intervention and to claim compensation for his damages. 5. If the Client has not fulfilled his payment obligations in a timely manner, the Broker shall be authorised to suspend the fulfilment of his obligations until payment has been made. The same applies if the Broker already has a reasonable suspicion before the occurrence of default that the Client will not meet his 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 pay the interest due, the costs due and the oldest outstanding invoices. Article 11: Competent court, applicable law 1. The agreement concluded between the Broker and the Client is exclusively governed by Dutch law. 2. Any disputes will be settled by the competent Dutch court, although the Broker, insofar as the law does not mandatorily oppose this, is authorized to bring a case before the competent court in the place where the Broker is established.

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