Terms and Conditions At Home Vastgoed BV For renting and renting of Residential 2019
These terms and conditions apply to every registration, contract of service and / or mediation agreement, as well as the resulting supplementary and / or subsequent agreement (s) and agreements between At Home Vastgoed BV ("At Home Real Estate") and the Client, unless otherwise provided by these provisions.
At Home Real Estate: the (right) person who accepts the registration and / or accepts the contract for service or mediation by the Client under the assignment confirmation.
The searcher: The registration of a (right) person at At Home Real Estate as a property applicant.
The Client: The registration of a (right) person who provides the assignment for finding or renting a residential and / or office space at At Home Real Estate.
Mediation: a contract for the provision of services in connection with the mediation by At Home Real Estate in the conclusion of an agreement between the Client and a third party as referred to in article 7: 425 of the Civil Code.
3. The property seeker
A (right) person who is registered as a property applicant at At Home Real Estate.
The registration at At Home Real Estate entitles you to access the current rental offer of At Home Real Estate. The registration is strictly personal and not transferable.
The registration is valid for the period for which it is incurred, depending on the choice of the homeowner. The day of registration (via internet) is valid as the date of entry. The registration will only take effect if At Home Real Estate has fully and truthfully filled in all the requested information with a terms of agreement of the terms and conditions.
The registration will end automatically after the expiry of the period for which it has been entered. The Client / Property Finder has no right to full or partial refund of the enrollment fee upon the early termination of the registration.
At Home Real Estate is entitled to terminate the registration without further notice or legal intervention with immediate effect and / or to block or partially or temporarily block access to the account if the Client has one or more obligations, including payment of the entry fee and Proper entry of data against At Home Real Estate does not comply properly or not fully. At that time, At Home Real Estate will not owe a full or partial refund of the possible entry fee.
After registration, the Client / Home Seeker is affiliated with the At Home Real Estate email service. In addition, the Client / Home Seeker receives personal login information for the At Home Real Estate website.
In the interest of a client / property searcher for a particular house (s), this should be notified online and / or disclosed or at At Home Real Estate employee. At Home Real Estate provides the arrangements for non-binding visits. During visits, the client / property seeker will in principle be accompanied by a staff member at At Home Real Estate, which will provide a tour. The viewing possibilities are unlimited for a homeowner.
All publications of offers, discount propositions and contests on www. athomevastgoed.nl, in e-mail newsletters or other expressions of
At Home Real Estate are subject to change. At Home Real Estate is not liable for any inaccuracies in publications made for third parties.
Any complaints regarding the registration or the assignment may become
submitted by sending a letter to At Home Real Estate, from the Department of Complaints, Gedempte Zalmhaven 95, 3011 BT in Rotterdam.
Enrollment at At Home Real Estate is not a guarantee of finding or renting a (suitable) living space.
4. Content of the assignment upon mediation
Worn out as described in Articles 6 to 11 of these Terms and Conditions, Articles 4 and 5 apply to a contract of mediation between At Home Real Estate and the Client.
Under a contract of conciliation agreement is meant an assignment to provide mediation by At Home Real Estate in the conclusion of an agreement between the Client and a third as referred to in article 7: 425 of the Civil Code, whereby at least the specifications given by the Client. At Home Real Estate is not a party to the agreement between the Client and a third party.
At Home Real Estate can only mediate on behalf of the client in the conclusion of leases / rental agreements.
Unless explicitly agreed otherwise in writing, the
Client and At Home Real Estate does not allow At Home Real Estate to be authorized by the Client, as referred to in article 3:60 of the Civil Code, in order to perform legal acts in his name or that At Home Real Estate by virtue of a provision as referred to in article 7 : 414 BW, on behalf of the Client, executed legal acts.
5. Compensation fee
The Client shall pay the full remuneration for the work if there is a (lease) agreement during the term of the contract between the Client and a third, even if the conclusion of this agreement is not the result of the At Home Real Estate services provided, unless explicitly agreed otherwise in the contract / order confirmation.
The Client shall pay the full remuneration for the work if the agreement with a third party is established after the termination of the contract between At Home Real Estate and the Client (terminated or otherwise), but the agreement with a third party is reached. as a result of the services provided by At Home Real Estate and / or because the Client has acted in breach of Article 5 paragraph 1 and Article 6 paragraph 4 below and / or because, during the term of the agreement, the Client is outside At Home Real Estate to deal with third parties has negotiated to make an agreement itself or in spite of an irrevocable offer of the
Client to enter into a lease agreement, the Client at
Third party acceptance does not result in the rental agreement being terminated or rejection by third parties by non-third party circumstances leading to no lease agreement.
If an agreement is entered into between the Client and a third party after the date of termination of the contract, this agreement shall be deemed to have been concluded by Med Home at Home and is intended to be delivered by the Client, unless otherwise provided by the Client. The Client owes full compensation, unless the law would oppose this.
If, after giving a settlement on the premises / tenant, the Client, verbally or in writing, for the purpose of renting / hiring the property for reasons not at At Home
Real estate is due, the proposed object no longer wishes to be rented / leased, The Client is bound to reimburse At Home Vastgoed the damage suffered. The above-mentioned damage will in any case consist of the mediation allowance lost by At Home Real Estate and any contractual costs (including VAT) which would normally be fulfilled by the Client. In addition, the Client is obliged to compensate for any damage suffered by the Landlord / Tenant.
If the client / property seeker has found the property on the site at At Home
Real estate and agreement is reached with the landlord, the home-looking At Home Real Estate is not subject to any mediation costs. However, after the signing of the '' Rental Order Confirmation '' (HOB), the property applicant pays a fee for administrative actions of € 350, - excluding VAT. These costs must be paid before the key of the living space is handed over. Refund of these costs is not possible.
6. Mission General
The Client will provide At Home Real Estate with all the information and documents necessary for the execution of the assignment, and the Client is in agreement for the accuracy thereof.
Each assignment is deemed to be given to and accepted by
At Home Real Estate, even if it is the express or implied intention of the Client that the assignment is executed by one or more particular persons employed by At Home Real Estate. At Home Real Estate is permitted to carry out the work under the assignment by third parties (for example, specialized architectural inspectors) who are not employed by the Client, provided that the Client has given prior permission. The operation of Article 7: 404 Civil Code (BW) and Article 7: 407 (2) of the Civil Code, which establishes a joint liability if multiple persons have been assigned orders, are excluded.
The Client remembers all activities that can be traced to At Home Real Estate and / or which may hamper At Home Real Estate in the performance of the assignment.
7. Height compensation and payment
The remuneration (s) mentioned in the order confirmation (the salary referred to in Article 7: 405 or Article 7: 426 BW) includes the compensation for the costs incurred by At Home Real Estate in connection with the assignment, unless otherwise specified in the assignment confirmation. The fee is in principle equal to the monthly gross rental price (including additional supplies and services and gas, water, electricity) as stated at the rental agreement at the start of the rental unless otherwise specified in the assignment.
If the property owner has found the property on our site, he will only be charged for administrative actions of € 350, - excluding 21% VAT.
The remuneration (s) referred to in Articles 5 and 7 will be increased by 21% VAT and must be paid for acceptance / rental of the living space.
7.3 The Client must pay to At Home Property within 3 days after acceptance of a living space and at the same time as the first rental term and other rental costs, the salary and any (contract) costs as specified in the Assignment. If the Client owes the wage and any (contract) costs while the lease agreement has not been established as referred to in article 5.2, payment must be made within 3 working days of receipt of the rejection by the landlord / tenant. In case of non-payment, the Client will immediately be in default and will increase the legal interest rate with
1% owed on each day that payment is left out. In addition, the client will pay extrajudicial collection costs of 15% of the wage with a minimum of € 250.
If the landlord agrees with The searcher and The searcher subsequently renounces the agreement, this will be seen as a cancellation on the part of The searcher. In the event of cancellation, The searcher At Home Real Estate will owe cancellation costs in the amount of 1 month rent (excluding the current applicable VAT rate) with a minimum of € 250, - (including the current applicable VAT rate), unless otherwise agreed in writing. In addition, the landlord can claim rent loss if this is involved. If the landlord loses rental income due to cancellation on the part of The searcher, there is loss of rental income. The searcher explicitly agrees with this.
The contract has been entered into indefinitely from the date on which the contract was delivered to At Home Real Estate.
The agreement ends (inter alia) by termination or by completing the work to be performed under the assignment.
All parties are entitled to terminate this agreement at any time. The Client can unsubscribe through the website.
At Home Real Estate is authorized to terminate the agreement between at home real estate and principal with immediate effect by means of an E-mail, including (and therefore not exclusively):
(a) the Client is in violation of any provision of the contract of employment, these terms and conditions or other agreements concluded by At Home Real Estate and the Client, and such failure not within 7 days of the date of dispatch of the Cancellation has been lifted, without prejudice to the right of At Home Real Estate for full compensation or compliance;
b) In case of bankruptcy, (provisional) payment surrender, a private agreement with creditors or the application of the debt relief scheme for natural persons;
(c) If At Home Real Estate is deemed to be a serious disturbance of the relationship between At Home Real Estate and the Client;
d) if the Client becomes seriously in a commercial case;
e) If the Client settles outside the Netherlands, this causes irreversible problems for At Home Real Estate;
f) if it appears that the Client has provided Incidental Data to At Home Real Estate upon entering into the agreement which would be such that if At Home Real Estate had been known with this information, the agreement would not or would not be under the same conditions Closed;
g) in the case of other circumstances which, in the opinion of At Home Property, contravene the continuation of the agreement.
Invalidation of the Client's obligation to pay compensation for work and expenses, parties to termination of the agreement may not be entitled to compensation, unless terminated on grounds of non-performance.
8.6 Articles 8.1, 8.2 and 8.3 do not apply to the registration as referred to in Article 3.
At Home Real Estate is limited to the consequences of professional errors. If, at the time of performance of the assignment, an event - including a failure - occurs, which leads to liability, the liability of At Home Property is limited to an amount of the amount of compensation paid by the Client to At Home Real Estate and as intended in Article 7.1.
The Client indemnifies At Home Real Estate against all third party claims, including the reasonable costs of legal assistance that in any way relate to the activities undertaken by At Home Real Estate for the Client, unless these claims are the result of gross negligence or intent from At Home Real Estate.
The liability limitations contained in this article do not apply if the damage is due to intent or gross negligence at At Home Real Estate.
10. Applicable law / competent court
The contract will be governed by the law of the contract and all agreements resulting therefrom.
All disputes, which may arise as a result of the contract or any further agreements that may result from it, will be settled by the competent court in Rotterdam.
These terms and conditions apply to registration and mediation in so far as these provisions do not otherwise result.
The client is aware that At Home Real Estate for him mediates between him and the tenant / landlord. The Client is also aware that in order to ensure the quality of the mediation, not only the tenant / landlord's antecedents but also the landlord's / tenant's antecedents are being investigated. To the extent that there may also be a charge / commission for mediation on the part of rented / rentderr, the Client hereby gives notice of his agreement.
Changes to or deviations from these terms and conditions, agreements concluded between parties and / or additional or derogatory terms only apply if parties have written and signed them in writing.
The nullity or the non-binding of a provision of these terms and conditions or the contract of agreement does not result in the terms or conditions of the contract being invalid or non-binding. Instead of the null or void provision, the parties will agree to an appropriate arrangement that approximates the intention of the parties and the economic outcome pursued by them as closely as possible.
Failure to take action by any party in the event of default in respect of any provision of these terms or conditions or contract of agreement by the other party or allowing or derogating from any provision of these terms and conditions or the Contract of Contract, can not be considered as a waiver of right.
Insofar as these General Conditions and / or Contract Contracts do not stipulate otherwise, the rights and obligations described in these Terms and Conditions and / or Terms of Contract shall not be transferable, unless with the written consent of all parties.
11.7 The inscriptions ("cups") above the different provisions of the agreement or the terms and conditions do not give rise to an independent meaning. These inscriptions are only added for clarity and do not affect the explanation of the provisions of this agreement.
11.8 If any provision in the agreement concluded between At Home Real Estate and the Client is in violation of any provision of these terms and conditions, the terms of the agreement (s) shall prevail.
11.9 The Dutch text of the general provisions prevails over any translations thereof.