General Conditions At Home Groep
These general terms and conditions apply to every registration, contract for services and / or mediation, as well as the resulting additional and / or subsequent agreement (s) and agreements between the relevant company of the At Home Group on the one hand with regard to the ( rental of housing (At Home) or staff accommodation (StaffHousing) and on the other hand the Client, unless these provisions dictate otherwise.
At Home: the (legal) person who accepts the registration for renting or renting out residential accommodation or staff accommodation and / or who accepts the assignment for services or mediation from the Client by virtue of the order confirmation.
Client: the (legal) person who gives an assignment to find or rent a residential and / or office space to At Home.
Mediation: an assignment to provide services with regard to mediation by At Home in the realization of an agreement between the Client and a third party, as referred to in Article 7: 425 BW.
3.1 A (legal) person who is registered as a home seeker with At Home.
3.2 Registration with At Home gives the right to access the current rental offer of At Home. Registration is strictly personal and non-transferable.
3.3 The registration is valid during the period for which it was entered, depending on the choice of the Home seeker. The day of registration (via the internet) is the starting date. The registration only becomes active when At Home has received all requested information completely and truthfully with an agreement to the general terms and conditions.
3.4 Registration ends automatically after the period for which it has been entered into. The Client / Home seeker is not entitled to a full or partial refund of any registration fee upon premature termination of the registration.
3.5 At Home is entitled to terminate the registration with immediate effect without further notice of default or judicial intervention and / or to block access to the account in whole or in part and whether or not temporarily if the Client has one or more obligations, including payment of the registration fee and correct input of data, does not properly or fully complies with At Home. In that case At Home will not owe a full or partial refund of any registration fee.
3.6 After registration, the Client / Home seeker will be connected to the At Home e-mail service. Furthermore, the Client / Home seeker will receive personal login details for the At Home internet site.
3.7 A client / home seeker must indicate interest in (a) certain home (s) online, or make it known to an employee of At Home. At Home takes care of the appointments for free viewings. During viewings, the client / home seeker is in principle accompanied by an employee of At Home, who provides a tour. The viewing options are unlimited for a home seeker.
3.8 All publications of offers, discount propositions and competitions on www. athomevastgoed.nl and www.staffhousing in e-mail newsletters or other communications from At Home are subject to changes. At Home is not liable for any inaccuracies in publications made for third parties.
3.9 Any complaints regarding the registration or the assignment can be submitted by sending a letter to the relevant company of the At Home Group (attn. Complaints Department, Gedempte Zalmhaven 95, 3011 BT Rotterdam).
3.10 Registering with At Home does not guarantee finding or renting or renting (suitable) accommodation or staff accommodation. At Home has a best efforts obligation and not an obligation to achieve results.
4. Content of the assignment in mediation
4.1 Without prejudice to what is described in articles 6 to 11 of these general terms and conditions, articles 4 and 5 apply to an agreement for mediation between At Home and the Client.
4.2 An agreement for mediation is understood to mean an instruction to provide services with regard to mediation by At Home in the realization of an agreement between the Client and a third party, as referred to in Article 7: 425 BW, whereby at least the specifications given by the Client are met. At Home is not a party to the agreement between the Client and a third party.
4.3 At Home can only mediate on behalf of the Client in the realization of agreements for the rental / rental of immovable property.
4.4 Unless the parties explicitly agree otherwise in writing, the Client and At Home do not intend that At Home will be authorized by the Client, as referred to in Article 3:60 of the Dutch Civil Code, to perform legal acts in its name or that At Home under a mandate, as referred to in Article 7: 414 BW, performs legal acts for the account of the Client.
5. Fee for mediation
5.1 The Client owes the full compensation for the work if a (rental) agreement is concluded between the Client and a third party during the term of the assignment, even if the conclusion of this agreement is not the result of the services provided, unless explicitly agreed otherwise in the order / order confirmation agreement.
5.2 The Client owes the full compensation for the work if the agreement with a third party is indeed concluded after the assignment agreement between At Home and the Client (by cancellation or otherwise) has been terminated, but the agreement with a third party is concluded. as a result of the services provided by At Home and / or because the Client has acted contrary to Article 5 paragraph 1 and Article 6 paragraph 4 below and / or because the Client has negotiated with third parties outside of At Home during the term of the agreement carried out to establish an agreement itself or if, despite an irrevocable offer from the Client to enter into a lease, the Client does not fulfill the lease agreement or rejection by third parties due to circumstances not attributable to third parties. lead to no rental agreement being concluded.
5.3 If an agreement is concluded between the Client and a third party after the date of termination of the assignment agreement, the latter agreement will be deemed to have been concluded through the mediation of At Home, subject to proof to the contrary to be provided by the Client and the The client will owe the full fee, unless the law would oppose this.
5.4 If the Client, after giving an agreement on the living space / tenant, verbally or in writing, for renting / letting the object, for reasons that cannot be attributed to At Home, no longer wishes to rent the object offered. / rental, the Client is obliged to compensate At Home for the damage it has suffered. The aforementioned damage will in any case consist of the brokerage fee foregone by At Home and any contract costs (including VAT) that would normally be paid by the Client. In addition, the Client is obliged to compensate for any damage suffered by the relevant Landlord / tenant.
5.5 If the client / home seeker has found the home himself on the At Home site and an agreement is concluded with the landlord, the home seeker will not owe At Home any agency costs.
6. General assignment
6.1 The Client will provide At Home with all information and documents that are necessary in the context of the execution of the assignment, and the Client guarantees the correctness thereof.
6.2 Each assignment is deemed to be given to and accepted by At Home, even if it is the explicit or implicit intention of the Client that the assignment is carried out by one or more specific persons employed by At Home. At Home is permitted to have the work carried out within the framework of the assignment by third parties (for example specialized construction inspectors), who are not employed by it, provided that the Client has given prior permission for this. The effect of article 7: 404 of the Civil Code (BW) and article 7: 407 paragraph 2 of the Dutch Civil Code, which establishes joint and several liability if several persons have been commissioned, is excluded.
6.3 The Client refrains from all activities that may interfere with the assignment to At Home and / or that may hinder At Home in the execution of the assignment.
7. Amount of compensation and payment
7.1 The fee (s) for the work referred to in the order confirmation (the wages as referred to in article 7: 405 BW or article 7: 426 BW) includes the payment of the expenses incurred and to be incurred by At Home in connection with the assignment. , unless stated otherwise in the order confirmation. The fee is in principle equal to the monthly gross rental price (including advance payment for additional supplies and services and gas, water, electricity) as stated in the rental agreement at the start of the rental, unless stated otherwise in the order confirmation. If the home seeker has found the home himself on our site, he does not owe any compensation to At Home.
7.2 The fee (s) as referred to in Articles 5 and 7 are increased by 21% VAT and must be paid before accepting / renting out the accommodation.
7.3 The Client must pay At Home the wages and any (contract) costs within 3 days after the acceptance of the rental of a residential space and at the latest at the same time as the first rental period and other rental costs, as indicated in the Order Confirmation. If the Client owes the wages and any (contract) costs while the rental agreement has not been concluded as referred to in Article 5.2, payment must be made within 3 working days after receipt of the rejection by the landlord / tenant. In the event of non-payment, the Client will immediately be in default without further notice of default and the statutory interest (and if the Client is a business party, the statutory commercial interest), plus 1%, will be owed on each day that payment is not made. Furthermore, in that case the Client will owe extrajudicial collection costs, amounting to 15% of the wages and with a minimum of € 250.
7.4 If the Landlord agrees with the Home Seeker and the Home Seeker hereafter renounces the agreement entered into, this will be considered a cancellation on the part of The Home Seeker. In case of cancellation, The Home Seeker At Home owes cancellation costs in the amount of 1 month's rent excluding 21 VAT. (or if changed, the VAT rate applicable at that time with a minimum of € 250, - incl. 21% VAT, unless agreed otherwise in writing. In addition, the landlord can claim loss of rent if this is the case. If the landlord misses rental income due to cancellation on the part of The home seeker, there is a loss of rental income, and the home seeker explicitly agrees.
8.1 The assignment agreement has been entered into for an indefinite period of time with effect from the date on which the assignment was given to At Home.
8.2 The agreement ends (among other things) by cancellation or because the work to be performed within the framework of the assignment has been completed.
8.3 All parties are authorized to cancel this agreement at any time. The Client can unsubscribe via the website.
8.4 At Home is authorized to terminate the agreement between At Home and the client with immediate effect by means of an e-mail, including (and therefore not exclusively) if:
a) the Client acts in violation of any provision of the contract for services, these general terms and conditions or with other agreements of whatever nature concluded between At Home and the Client, and that shortcoming is not remedied within 7 days after the sending date of the notice of default , without prejudice to At Home's right to full compensation or fulfillment;
b) in the event of bankruptcy, (provisional) suspension of payments, a private agreement with creditors or the declaration of application of the debt rescheduling scheme for natural persons;
c) if, in the opinion of At Home, there is a serious disruption of the relationship between At Home and the Client;
d) if the Client is seriously compromised commercially;
e) if the Client settles outside the Netherlands and this causes insurmountable problems for At Home;
f) if it appears that the Client provided At Home with incorrect information when entering into the agreement of such a nature that, if At Home would have been aware of this information, the agreement would not have been concluded or not under the same conditions;
g) if there are other circumstances that, in the opinion of At Home, oppose continuation of the agreement.
8.5 Without prejudice to the Client's obligation to pay compensation for the work and expenses, the parties cannot derive any right to compensation from the termination of the agreement, unless terminated on the grounds of 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 At Home is limited liable for the consequences of professional errors. If during the execution of the assignment an event - including an omission - occurs that leads to liability, the liability of At Home is limited to an amount not exceeding the compensation that the Client has paid to At Home and as referred to in Article 7.1. .
9.2 The Client indemnifies At Home against all claims from third parties, including the reasonable costs of legal assistance, which are in any way related to the work performed by At Home for the Client, unless these claims are the result of gross negligence or intent on the part of At home.
9.3 The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of At Home.
10. Applicable law / competent court
10.1 The contract for services and all contracts arising from it are governed by Dutch law.
10.2 All disputes that may arise as a result of the assignment agreement or of further agreements that may result from it, will be settled by the competent court in Rotterdam.
11.1 These general terms and conditions apply to registration and mediation, insofar as it does not follow otherwise from these provisions.
11.2 The Client is aware that At Home mediates for him between him and the tenant / landlord. The Client is also aware that in order to guarantee the quality of the mediation, not only the antecedents of the tenant / landlord, but also those of the landlord / tenant are investigated. Insofar as there may also be a mandate / instruction for mediation on the part of the leased / tenantr, the Client hereby gives his / her approval for this.
11.3 Changes in or deviations from these general terms and conditions, agreement (s) concluded between the parties and / or additional or deviating stipulations are only valid if the parties have recorded and signed them in writing.
11.4 The nullity or non-binding of a provision of these general terms and conditions or the contract for services does not mean that the general terms and conditions or the contract for services are / is null and void in its entirety. Instead of the invalid or invalid provision, the parties will agree on a suitable arrangement that approximates as closely as possible the intention of the parties and the economic result they pursue in a legally effective manner.
11.5 Failure by a party to take any action in the event of breach of contract with regard to any provision of these general terms and conditions or the contract for services by the other party or the permitting or tolerance of a deviation from any provision of these general terms and conditions or the contract for services cannot be regarded as a waiver of rights.
11.6 Unless otherwise provided in these general terms and conditions and / or the assignment agreement, the rights and obligations described in these general terms and conditions and / or the assignment agreement are not transferable, unless with the written consent of all parties.
11.7 The inscriptions ("headings") above the various provisions in the agreement or the general terms and conditions have no independent meaning. These headings have only been added for the sake of clarity and do not affect the interpretation of the provisions in this agreement.
11.8 If any provision in the agreement (s) concluded between At Home and the Client is in conflict with any provision of these general terms and conditions, the provision of the agreement (s) will prevail.
11.9 The Dutch text of the general provisions prevails over any translations thereof.
The legal relationship between the client and At Home Groep shall be governed by Netherlands law.
Disputes shall in the first instance be settled exclusively by District Court Rotterdam.
Disputes shall in the first instance be settled exclusively by District Court Rotterdam.