Terms and condition

TERMS AND CONDITIONS OF SERVICE
The Rental Agency Amsterdam
Article 1: Scope, definitions
1. These Terms and Conditions of Service, hereinafter referred to as ‘TCS’, govern all
agreements that The Rental Agency Amsterdam, hereinafter referred to as the
‘Estate Agent’, concludes with its clients.
2. ‘Instructions for service’ is deemed to mean: the Estate Agent’s best-efforts
obligation aimed at bringing about a lease, against payment of a fee by the Client,
for a residential property between the Client and his other party as meant in Article
7: 425 of the Dutch Civil Code The Estate Agent will never accept instructions for
service from the Client’s other party relating to the same residential space.
Instructions for service do not comprise a search instruction as meant in Article 3,
paragraph 1 of these TCS (renting) and Article 4, paragraph 1 of these TCS
(letting). Search instructions and instructions for service can, however, be
combined.
3. If the Client is the party who wishes to rent residential space and has given
instructions to the Estate Agent for this purpose, the other party is deemed to be
the (potential) lessor of the relevant residential space. If a Client is the party who
wishes to let this residential space and has given instructions for service to the
Estate Agent for this purpose, the other party is deemed to be the (potential) lessee
of the relevant residential space.
4. Provisions that deviate from these TCS only form part of the agreement concluded
between the parties if and to the extent that the parties have expressly agreed this
in writing.
5. If the Client consists of two or more (legal) persons, they will be jointly and
severally liable for the performance of all obligations towards the Estate Agent.
6. If for whatever reason a provision, or part of a provision, in these Terms and
Conditions of Service does not apply, this will not affect the applicability of the
remaining provisions.
Article 2: Cooperation of the Client in the performance of the agreement
1. The parties will not do and/or omit anything that impedes or may impede proper
performance of this agreement. The Client will cooperate in every regard with
proper performance of the agreement by both parties, inter alia by promptly
providing all necessary data and documents to the Estate Agent.
2. The Estate Agent will not start to perform the activities until the Client has provided
him with all the necessary data and documents and the Client has paid the agreed
fee and/or (advance) payment.
Article 3: If the Client is a person seeking a house (letting)
Contents of the instructions. Estate Agent’s activities and method
1. ‘Search instruction’ means the Estate Agent’s best-efforts obligation to search for
suitable rented accommodation for the Client.
2. Depending on the Client’s wishes and what the parties agree at the formation of
the agreement or possibly thereafter, the Estate Agent’s activities may comprise
inter alia the following components:
Search instruction:
* providing general information about inter alia the options to find a residential
space, the local housing market, the housing permit, rent allowance, tenancy
protection, rents, and registration in the municipal personal records database;
* identifying and listing the Client’s housing requirements/search profile;
* searching for suitable residential space based on the Client’s housing
requirements/search profile;
* organising one or more viewings by the Client and providing information on one
or more houses;
* evaluating viewings with the Client.
Instruction for service:
* Composing a full dossier on the Client and presenting the Clients based on this
dossier as a potential lessee to potential lessors and endeavouring that this lessor
awards the relevant residential property to the Client;
* negotiating on behalf of the Client with potential lessor(s) about the contents of
the lease;
* bringing about a written lease and ensuring that it is signed by both parties;
* providing information on and an explanation of the lease;
Other activities:
* ensuring that the first payment to the lessor is made on time;
* organising the transfer of the residential property;
* drawing up a proper inspection report (with photographs) in triplicate (including
taking meter readings, checking keys, checking the inventory, identifying defects);
* ensuring that the lessor performs his obligations at the start of the lease;
* providing support on: maintenance contracts, relocation, transport/purchase of
inventory, finding workers to carry out paintwork, hang wallpaper and lay floors,
etc.;
* providing support on: telephone and internet connections and/or connections to
mains services;
* acting as first point of assistance for the Client during the lease.
3. In the performance of all his activities the Estate Agent will exclusively look after
the Client’s interests, and not those of the (potential) lessor.
4. The Estate Agent will never represent both the (potential) lessor of a residential
space and the Client in the formation of a lease for this residential space.
5. The Client will on his own initiative provide to the Estate Agent all information, data
and documents necessary for the performance of the instructions and the Client
guarantees the correctness thereof. This information and data includes, without
limitation: a valid ID-document, valid proof of residence in the Netherlands, recent
salary specification(s), employment agreement, recent bank statements (showing
salary payments), employee declarations and suchlike. The Client is entitled to
share this information, data and documents with third parties to the extent this is
useful and necessary for the performance of the instructions.
6. After the Client has informed the Estate Agent that he wishes to rent a residential
property put forward by the Estate Agent with the request to the Estate Agent to
bring this to the attention of the lessor and to act as an intermediary in the
formation of a lease with the lessor, the Estate Agent will confirm this
announcement to the Client by email. The Client is entitled to withdraw the
abovementioned announcement by informing the Estate Agent within 24 hours
after sending this email message. After the 24-hour period, this right lapses. The
Client does not have this right if he has made the abovementioned announcement
to the Estate Agent in writing or by email or has confirmed it in writing in a
declaration of intent signed by the Client.
Fee for Estate Agent’s service provision
7. If the Estate Agent’s service provision results in a lease for a residential property
between the Client and a lessor, the Client will owe the Estate Agent a (brokerage)
fee. This fee is laid down in the agreement between the parties (instructions for service). The
Client will of this fee to the Estate Agent upon the conclusion of the lease.
8. The fee is deemed to be a reasonable fee for the activities the Estate Agent
performs for the Clients in the context of the agreement. In this, the parties take
account of the fact that the fee owed is at a rate that is customary in the market,
and is not connected to the volume of the work to be performed by the Estate
Agent, but to a result to be realised.
9. The Estate Agent is entitled to ensure that the Client cannot move into the property
until he has paid the fee to the Estate Agent.
10. If the Client and/or his relations prove to be moving into a residential property the
information on which the Client has received from the Estate Agent, the Client will
owe the agreed fee to the Estate Agent, regardless of whether the lease was
concluded due to the Estate Agent’s work.
11. If for whatever reason the Client does not move into the residential property for
which a lease has been concluded due to the work of the Estate Agent, or if the
lease for this residential property is terminated, voided or dissolved, the Client
remains obliged to pay the agreed fee and the Client is not entitled to partial or full
restitution of the fee.
12. If after making the announcement or providing the written confirmation as referred
to in Article 3, paragraph 6 of these TCS and after this right to withdraw this
announcement has lapsed, the Client withdraws his announcement after all or
otherwise frustrates the conclusion of the lease, the Client is obliged to repay the
damage suffered by the the Estate Agent. This damage will comprise in any case a
sum equal to the agreed fee that the Client would owe if a definitive lease were
concluded for the residential property. If the level of the agreed fee was based on
the level of the rent agreed with the potential lessor and no rent has as yet been
agreed, the compensation will be based on the gross rent of the initial lease offer
from the potential lessor. In addition, the Client will be obliged to indemnify and
hold harmless the Estate Agent against any damage suffered by the relevant
potential lessor.
13. Immediately after the Client and a potential lessor have reached agreement about
a lease for a residential property due to the work of the Estate Agent, the Estate
Agent will draw up a rent confirmation form containing the key provisions of the
lease before drawing up a lease to be signed by both parties. The Client is obliged
to sign this rent confirmation form promptly.
Article 4: If the Client is the owner of a residential property (letting)
1. ‘Search instruction’ means the Estate Agent’s best-efforts obligation to search for
suitable lessee for the Client’s residential space.
2. Depending on the Client’s wishes and what the parties agree at the formation of
the agreement or possibly thereafter, the Estate Agent’s activities may comprise
inter alia the following:
* giving advice on letting residential space and on market conditions;
* inspecting the residential property;
* determining the rental value of the residential space;
* taking meter readings;
* taking photographs of the residential space;
* placing photographs and information about the residential space on the Estate
Agent’s website, on various residential property websites, with other estate
agents/brokers and/or in other media;
* placement of a ‘To Let’ sign;
* designing and placing a window advert;
* advance screening of potential lessee(s);
* negotiating on behalf of the Client with potential lessee(s) about the contents of
the lease;
* forming a written lease and ensuring that it is signed by both parties;
* providing information on and an explanation of the lease;
* ensuring that the first payment is made on time by the lessor;
* organising the transfer of the residential space;
* drawing up a proper inspection report (with photographs) in triplicate (including
taking meter readings, checking keys, checking the inventory, identifying defects).
3. The Client will on his own initiative provide to the Estate Agent all information and
documents necessary for the performance of the instructions and the Client
guarantees the correctness thereof.
4. If the Estate Agent’s work results in a lease for the residential property for the
Client, the Client owes the Estate Agent the fee agreed with the Client. The Client
must pay this fee within 14 days after the invoice is sent to him by the Estate
Agent.
5. The fee is deemed to be a reasonable fee for the activities the Estate Agent
performs for the Client in the context of the agreement. In this, the parties take
account of the fact that the fee owed is at a rate that is customary in the market,
and is not connected to the volume of the work to be performed by the Estate
Agent, but to a result to be realised.
6. The Client instructs the Estate Agent to collect from the lessee the amounts for the
first month’s gross rent and the guarantee deposit. The Estate Agent will transfer
the amounts collected to the Client, after deduction of any amounts owed by the
Client to the Estate Agent.
7. If the Client appears (also) to be letting the relevant residential property or (also) to
have given into use by one or more persons or parties whose information the
Client has obtained from the Estate Agent, the Client owes the agreed fee to the
Estate Agent, regardless of whether the lease was concluded due to the Estate
Agent’s work.
8. If for whatever reason the lessee with whom the Client has concluded a lease due
to the work of the Estate Agent does not move into the relevant residential property,
or if the lease for this residential property is terminated, voided or dissolved, the
Client remains obliged to pay the agreed fee and the Client is not entitled to partial
or full restitution of the fee.
9. If a (housing) permit is required for the relevant residential property, obtaining this
permit for the Client and/or lessee is at the risk and expense of the Client and the
Client is obliged to pay the agreed fee regardless of whether the permit has been
or will be issued, unless the parties have agreed otherwise.
10. If after negotiations with a potential lessee have started, whether or not after the
Client has signed a declaration of intent to that effect, the Client ends or frustrates
the negotiations and/or is no longer prepared to lease the relevant residential
property to the potential lessee, the Clients is obliged to pay the damage suffered
by the Estate Agent. This damage will comprise in any case a sum equal to the
agreed fee that the Client would owe if a definitive lease were concluded for the
residential property. If the level of the agreed fee was based on the level of the rent
agreed with the potential lessee and no rent has as yet been agreed, the
compensation will be based on the Client’s initial lease offer. In addition, the Client
will be obliged to indemnify and hold harmless the Estate Agent against any
damage suffered by the relevant potential lessee.
11. Immediately after the Client and a potential lessee have reached agreement about
a lease for a residential property due to the work of the Estate Agent, the Estate
Agent will draw up a rent confirmation form containing the key provisions of the
lease before drawing up a lease to be signed by both parties. The Client is obliged
to sign this rent confirmation form promptly.
12. The Client declares and warrants that he is entitled in every respect (inter alia in
view of possible claims of whatever kind from other entitled parties relating to the
residential property, mortgage holder(s), insurer(s), (local) governments, competent
authorities, manager(s), other residential property agent(s), owners’ associations,
etc.) to offer the residential property to let and to let it, and indemnifies and holds
harmless the Estate Agent against all possible third party claims in this context and
against all extrajudicial and judicial costs incurred by the Estate Agent. The Estate
Agent accepts no liability of any kind in this context.
13. The Client declares that he is fully aware that due to mandatory tenancy law the
lessee of residential property is protected inter alia from termination of the lease by
the lessor, from excessive rents, too high or incorrect service costs and too high or
incorrect once-only fees in the conclusion of leases. The Client (not the Estate
Agent) determines the duration of the lease desired by the Client, the level of the
rent, the level of the guarantee deposit, the composition of the service package, the
level of the (advance on the) service costs and/or the level of any once-only fees.
The Estate Agent accepts no liability of any kind for damage resulting from the
contents of the lease, in particular relating to its duration, the level of the rent, the
level of the guarantee deposit, the level of the (advance on the) service costs, the
composition of the service package and the level of any once-only fees.
14. The Client declares that he is aware that the statutory tenancy protection and rent
protection set out in Article 4, paragraph 13 of these TCS also contain regulations
that limit the possibilities of short-term leases to specific cases and that, if a shortterm
lease is concluded in contravention of the law of if it does not fulfil the
statutory criteria, the lessee may ignore the temporary character of the lease by
invoking the law. The Estate Agent does not accept liability of any kind for damage
that results from such an appeal to rent protection on the part of the lessee,
whether successful or otherwise.
Article 5: Personal information
The Client’s personal information will be recorded in the Estate Agent’s records. The
Estate Agent will not provide any information of the Client to third parties, unless
obliged to do so due to statutory obligations and/or if this is useful or necessary in the
performance of the instructions. The recorded data are only used by the Estate Agent
for the performance of the contract with the Client.
Article 6: Estate Agent’s best-efforts obligation
The Estate Agent will endeavour to the best of his ability and knowledge to realise the
result desired or intended by the Client. This is at all times a best-efforts obligation on
the part of the Estate Agent, not a result obligation. If the result is not achieved, this
therefore does not release the Client from his obligations towards the Estate Agent,
with the exception of any obligations which the parties have expressly linked to the
realisation of the intended result.
Article 7: End and termination of the agreement
1. Unless agreed otherwise and without prejudice to the other provisions in these
TCS, this agreement will end inter alia:
a. when the intended result of the Estate Agent’s efforts is realised;
b. due to the Client’s termination;
c. due to the Estate Agent’s termination.
2. Termination of the agreement by the Client after making the announcement to the
Estate Agent set out in Article 3, paragraph 6 of these TCS and after his right to
withdraw this announcement has lapsed, does not release the Client from his
obligation to pay damages and his obligation to indemnify the Estate Agent as
referred to in the latter provision.
3. Termination of the agreement by the Client after the negotiations with a potential
lessee have started as meant in Article 4, paragraph 10 of these TCS does not
release the Client from his obligation to pay damages and his obligation to
indemnify the Estate Agent as referred to in the latter provision.
4. The Client and the Estate Agent are entitled to terminate this agreement at any
time. The Estate Agent will terminate the agreement inter alia when he fears that
the Client will not perform, or not properly perform, the lease to be concluded,
without prejudice to his claims of payment as provided for in these TCS.
5. Without prejudice to the claims for damages provided for in these TCS, the parties
cannot derive rights to damages from the termination of this agreement by
terminating it, unless the termination arises from a failure by the other party to
perform one or more obligations.
Article 8: Obligation to complain and lapse of rights
1. Complaints with regard to the activities performed and/or services rendered by the
Estate Agent must be conveyed by the Client to the Estate Agent by registered
letter no later than within 2 months after discovery or after the Client should have
reasonably discovered them, in the absence of which the Client can no longer
make any claims based on any defects in the Estate Agent’s performance.
2. Claims by the Client on the Estate Agent lapse after one year has expired after the
ending of the agreement.
Article 9: Liability
1. The Estate Agent is not liable for the Client’s damage, including consequential loss,
trading loss, loss of profits or disruption of business that arise from his actions or
omissions, or those of its staff or of third parties hired by him, in particular not for
the Client’s damage arising the fact that the agreed rent and/or the agreed service
(costs) and/or the additional fees, whether once-only or otherwise, are not in
accordance with the law, or are or may be increased or decreased through legal
proceedings.
2. The Estate Agent is not liable for damage suffered by the Client as a result of
actions or omissions by the other party in the lease concluded or to be concluded
due to the work of the Estate Agent.
3. To the extent that the Estate Agent is liable for the Client’s damage, his liability is
limited to the amount of the payment to be made by the Estate Agent’s insurer in a
specific case, to the extent that the Estate Agent is insured for this. If the Estate
Agent is not insured as meant in the preceding sentence, the Estate Agent’s liability
is limited to twice the level of the fee charged and/or to be charged by the Estate
Agent to the Client for his activities and/or services.
4. Limitation of the Estate Agent’s liability for the Client’s damage in these TCS does
not apply if and to the extent that the damage is due to intentional act or wilful
recklessness on the part of the Estate Agent.
Article 10: Payment
1. Unless agreed otherwise or provided otherwise in these terms and conditions, the
Client must pay all he owes to the Estate Agent within 14 days after the invoice
date. This term is a strict deadline.
2. The Client will pay all he owes to the Estate Agent promptly without claiming any
discount, suspension, setoff, termination or reversal.
3. If the Client does not promptly pay all he owes the Estate Agent:
a. the Client will owe the Estate Agent a default interest of 1% per month, to be
calculated cumulatively on the principal. Parts of a months will be calculated as
a full month;
b. the Client, after being sent a relevant demand by the Estate Agent, will owe in
the context of extrajudicial costs 15% of the principal and the default interest,
with a minimum of € 40.
4. In the event of non-performance by the Client of any obligation arising from the
agreement, the Estate Agent is authorised without further notice of default or
judicial intervention to terminate the agreement in full or in part and claim damages.
5. If the Client has not fulfilled his payment obligations in time, the Estate Agent is
entitled to suspend performance of his obligations until payment has been made.
The same applies if the Estate Agent even before the start of the default had a
reasonable suspicion that the Client would not fulfil his payment obligations. The
risk of the consequences of suspension by the Estate Agent is at the Client’s
expense.
6. Payments made by the Client always serve to settle, in sequence, the interest
owed, the outstanding costs, and the longest outstanding payable invoices.
Article 11: Competent court, applicable law
1. The agreement concluded between the Estate Agent and the Client is governed
solely by Dutch law.
2. Any disputes will be adjudicated by the competent Dutch court, with the proviso
that the Estate Agent, to the extent that mandatory law does not conflict with this, is
authorised to bring a case before the competent court in the city where the Estate
Agent has his registered seat.