GENERAL TERMS AND CONDITIONS OF EXPAT HOUSING NETWORK®
Jacob van Lennepstraat 10h, 1053 HG AMSTERDAM
Registered at the Chamber of Commerce in Amsterdam under number 59680245
Article1: Applicability, definitions
- These terms and conditions apply to all offers and all contracts which Expat Housing Network HuurH en Verhuurprofessionals®, henceforth ‘Expat Housing Network’, concludes with its clients, henceforth ‘counterparty’.
- If in the following a stipulation specifically governs a situation in which the counterparty is a natural person who is not acting in the capacity of a profession or company, this person will be referred to as ‘the consumer’.
- Stipulations which deviate from these general terms and conditions only form part of the contract concluded between the parties if and insofar as the parties expressly agree this in writing.
- In these general terms and conditions, ‘in writing’ is also taken to mean: by EHmail, fax or any other means of communication in view of the available technology and applicable notions which may be equated to this within social intercourse.
- The written recommendations, documents, valuations and reports, studies etc. to be produced by Expat Housing Network or furnished by the counterparty will be referred to in the following as ‘the documents’. ‘The documents’ are taken to mean written documents and other works held on other media, such as on computer hard drives, memory sticks or any other type of data carrier. The aforementioned applies unless the parties have expressly agreed otherwise in writing.
- The nonHapplicability, for whatever reason, of (part of) a stipulation of these general terms and conditions does not alter the applicability of the other stipulations.
- If Expat Housing Network does not demand compliance from the counterparty with due dispatch, this does not alter Expat Housing Network’s entitlement to compliance.
- The counterparty may not appeal to the general terms and conditions not having been handed over if Expat Housing Network had already handed over these general terms and conditions during another transaction.
- Expat Housing Network retains the right to amend its general terms and conditions in the case of amendments to laws and legislation.
Article 2: Contracts, assignments
- Expat Housing Network is only bound by oral agreements once they have been confirmed in writing by Expat Housing Network or as soon as Expat Housing Network has initiated activities with the consent of the counterparty.
- Written assignments from the counterparty must be accompanied by a clear description of the services to be rendered.
- Any amendments to the execution of the assignment demanded by the counterparty after the assignment has been issued, more detailed instructions and any other communications regarding the assignment must be provided to Expat Housing Network by the counterparty in good time and in writing. The aforementioned applies unless the parties have expressly agreed otherwise in writing.
- Any amendments of any kind by or on behalf of the counterparty to the original assignment which could result in higher costs than could have been taken into account when the quotation was made and/or the assignment confirmed will be charged to the counterparty as additional costs.
- Any additions or amendments to the general terms and conditions or any other amendments or additions to the contract are only binding following written confirmation by Expat Housing Network.
Article 3: Offers, quotations
- All Expat Housing Network offers, quotations, price or tariff lists etc. are free of obligation unless they contain a deadline for acceptance. If a quotation or offer contains an offer which is free of obligation and this offer is accepted by the counterparty, then Expat Housing Network is entitled to revoke the offer within two working days of receipt of the acceptance.
- If the counterparty does not accept an offer or quotation, he/she is obliged to return all the documents furnished when the offer or quotation was made to Expat Housing Network on Expat Housing Network’s first request.
- Prices or tariffs in quotations are based on the data provided by the counterparty in advance. If these data are later changed, this may have consequences for the prices or tariffs.
- If acceptance by the counterparty deviates from the offer, then Expat Housing Network is not bound by this. No contract has been deemed to have been established in this case unless the parties have expressly agreed otherwise in writing.
- A composite quotation does not oblige Expat Housing Network to deliver some of the documents and/or services included in the offer or quotation or to execute some of the activities included in this offer or quotation for a proportionate part of the price.
- Any examples of documents shown and/or furnished as well as other information in brochures, promotional material and/or on the Expat Housing Network website are as accurate as possible, but are only valid as an indication. No rights may be derived from these unless the parties have expressly agreed otherwise in writing.
- The examples named in the previous paragraph remain the property of Expat Housing Network at all times and must be returned to Expat Housing Network on its first request unless the parties have expressly agreed otherwise in writing.
Article 4: Use of third parties
If and insofar as the proper execution of the contract requires this, Expat Housing Network is entitled to have
specific tasks or deliveries executed by third parties. The aforementioned is at the discretion of Expat Housing Network.
Article 5: Obligations of the counterparty
- The counterparty must ensure that:
- any data required for the execution of the contract are made available to Expat Housing Network in good time and in the format required by Expat Housing Network;
- at the times agreed in advance Expat Housing Network is given access to the location which Expat Housing Network needs to view or inspect within the framework of executing the contract;
- information carriers, electronic files, software etc. furnished to Expat Housing Network by the counterparty are free from viruses and/or defects.
- The counterparty ensures that the data to be furnished are correct and complete. The counterparty indemnifies Expat Housing Network from any consequences arising from incorrect and/or incomplete data.
- The counterparty will inform Expat Housing Network of any developments which are or may be relevant to the execution of the contract and the possible conclusion of any additional and/or new contracts.
- If the obligations named in this article are not fulfilled in good time, Expat Housing Network is entitled to suspend execution of the contract until such time as the counterparty has fulfilled these obligations. Any costs relating to any incurred delay or costs for executing additional tasks or any other consequences arising from these are for the account and risk of the counterparty.
- The counterparty must make his/her own arrangements with: mortgage lenders, the Tax and Customs Administration, municipal councils etc. and is liable for any arrangements of whatever kind with these and other parties which may arise from the agreement concluded between the landlord and tenant. The counterparty indemnifies Expat Housing Network from such arrangements.
Article 6: Personal details
The personal details of the counterparty are inputted into Expat Housing Network’s administrative system. Expat Housing Network will not pass on any details to third parties without the permission of the counterparty. The registered data are used exclusively by Expat Housing Network to execute the contracts concluded between Expat Housing Network and the counterparty.
Article 7: Delivery, delivery deadlines
- Any indicated deadlines within which Expat Housing Network is supposed to execute its tasks or deliver the documents and/or services can never be viewed as statutory limits unless the parties have expressly agreed otherwise in writing. If Expat Housing Network fails to fulfill its obligations arising from the contract or fails to do so in good time, it must be notified of being in default in writing.
- The risk relating to the delivered documents is transferred to the counterparty at the moment of delivery. Within the framework of these general terms and conditions, delivery is taken to mean: the moment at which the documents to be delivered are actually made available to the counterparty.
- If it proves impossible to deliver the documents or services to the counterparty or to execute the agreed tasks, Expat Housing Network retains the right to store the documents at the counterparty’s risk. Following storage, a deadline of one month applies in which the counterparty must give Expat Housing Network the opportunity to deliver the documents or services or to execute the agreed tasks. The aforementioned applies unless Expat Housing Network has expressly set a different deadline.
- If the counterparty continues to default on his/her obligations even after the elapse of the deadline stipulated in paragraph 3 of this article, the counterparty is in default and Expat Housing Network is entitled to dissolve the contract in its entirety or in part, in writing and with immediate effect, without prior notification of default being required, without recourse to the law courts and without any compensation, costs or interest being owed. Expat Housing Network is then entitled to destroy the documents already produced.
- The aforementioned does not alter the obligation of the counterparty to pay the agreed or required or due sum as well as any costs.
- If the execution of the contract needs to be accelerated, overtime and/or any additional incurred costs may be charged.
- Expat Housing Network is entitled – with respect to the counterparty’s fulfilment of his/her financial obligations – to demand prior payment or security from the counterparty before delivery or before starting the tasks to be executed.
Article 8: Progress, execution of the contract
- Expat Housing Network is obliged to execute the contract in an expert, diligent manner and in line with market practice.
- Expat Housing Network cannot be obliged to start delivery of the documents and/or services or execution of the tasks until all the required data are in its possession and it has received any agreed (advance) payments. Any delay to this will result in the indicated delivery deadlines being adjusted accordingly.
- In the event that tasks or deliveries cannot be conducted normally or without interruption due to circumstances beyond the control of Expat Housing Network, e.g. due to the counterparty not making available all data in full, Expat Housing Network is entitled to charge the counterparty for any costs arising from this.
- If, during the execution of the contract, the contract proves to be unworkable, whether as a result of circumstances unknown to Expat Housing Network, or due to whatever kind of force majeure, Expat Housing Network will consult with the counterparty on amending the contract such that it can be executed. In doing so, Expat Housing Network will inform the counterparty of any consequences for the agreed prices or tariffs and/or the agreed delivery deadlines. The aforementioned applies except in the event that execution of the contract will never be possible due to unknown circumstances or force majeure. Expat Housing Network is in this case always entitled to full payment for any tasks or deliveries it has already executed.
- All costs incurred by Expat Housing Network at the request of the counterparty are entirely for the account of the latter unless the parties have expressly agreed otherwise in writing.
Article 9: Mediation
- A contract governing mediation is for an indefinite period unless expressly agreed otherwise in writing.
- Expat Housing Network will do its utmost to achieve the result desired or intended by the counterparty, yet at all times this involves solely an obligation of Expat Housing Network to make an effort and not an obligation to provide a result. If the aforementioned result does not materialize, this does not relieve the counterparty of his/her obligations towards Expat Housing Network, with the exception of any obligations which the parties have expressly linked to achieving the intended result.
Article 10: Termination of contract governing mediation
- Unless otherwise agreed and without prejudice to the stipulations in article 18 of these general terms and conditions, the contract governing mediation is terminated, among other things, by:
- fulfillment of the contract by Expat Housing Network;
- termination by the counterparty;
- termination by Expat Housing Network.
- The contract is fulfilled as soon as the intended result is achieved.
- Expat Housing Network is entitled to terminate the contract with immediate effect by means of a registered letter if, among other things but not exclusively:
- the counterparty acts contrary to any stipulations in the contract, the general terms and conditions or any other contracts of any kind concluded between
- Expat Housing Network and the counterparty, without prejudice to Expat Housing Network’s entitlement to full compensation or compliance;
- in the event of bankruptcy, (temporary) suspension of payment, a mutual agreement between creditors or the counterparty being declared subject to the debt rescheduling scheme for natural persons;
- in the opinion of Expat Housing Network , the relationship between Expat Housing Network and the counterparty has been severely disrupted;
- the counterparty has been severely comprised commercially;
- the counterparty moves outside the Netherlands and this creates insurmountable difficulties for Expat Housing Network;
- on entering into the contract the counterparty proves to have furnished
- Expat Housing Network with incorrect data which are of such a nature that, if Expat Housing Network had
- been aware of these data, the contract would not have been concluded or not under the same terms and conditions;
- there are other circumstances which in the opinion of Expat Housing Network are contrary
- to the continuation of the contract.
- Termination of the contract does not alter the counterparty’s obligation to payment.
- In the event of termination by Expat Housing Network, Expat Housing Network is entitled to payment by the counterparty of any costs incurred thus far unless expressly agreed otherwise in writing.
Article 11: Fees, costs and expenses
- If, between the date of conclusion of the contract and execution of the contract, any amendments are made by the government and/or trade organizations to wages, conditions of employment or social insurances etc., Expat Housing Network is entitled to pass on the increments to the counterparty. If, between the aforementioned dates, a new price or tariff list comes into effect for Expat Housing Network or any third parties used by it, then Expat Housing Network is entitled to charge the counterparty the prices or tariffs it lists.
- For the contract concluded with the consumer, any price increments may be passed on or charged three months after the establishment of the contract. In the case of price increments within a period shorter than three months, the consumer is entitled to dissolve the contract.
Article 12: Claims and complaints
- The counterparty is obliged to check the documents immediately on receiving them. Any visible errors or omissions must be reported to Expat Housing Network no later than within two working days of receipt of the documents, followed by confirmation in writing.
- Any other claims – including complaints relating to the tasks executed or services rendered – need to be reported to Expat Housing Network by registered letter immediately after their discovery. Any consequences arising from not immediately reporting these are for the risk of the counterparty. The claims or complaints must in any case be reported to Expat Housing Network within one month of delivery of the services or termination of tasks.
- If the abovementioned claims or complaints are not made known to Expat Housing Network within the indicated deadlines, the documents or services will be deemed to have been delivered in line with the contract or the tasks will be deemed to have been executed correctly.
- Expat Housing Network must be given the opportunity to investigate any complaints made.
- In drawing up the documents, Expat Housing Network has creative and intellectual freedom to reach certain conclusions based on its own insights, methods and interpretations. No claims may be made against these.
- If recalculation or amendment is required, other than stipulated in paragraph 6 of article 12, this is only for the account and risk of Expat Housing Network if Expat Housing Network has given its express written approval in advance.
- In the event of legitimate claims, compensation will be settled in accordance with the stipulations in article 13 of these terms and conditions.
Article 13: Liability and guarantees
- If Expat Housing Network mediates on the establishment of a contract between a landlord and a tenant, it is never a party to it and cannot be held liable for the content and execution of the tenancy agreement. Expat Housing Network cannot be held liable if the rent and/or agreed service (costs) and/or additional payments, oneHoff or otherwise, are contrary to the legal rules governing (rent) regulation.
- Expat Housing Network performs its tasks as may be expected of any company in its profession, but accepts no liability for any damage or loss, including resulting loss, trading loss, loss of profit and/or stagnation loss, which arises from actions or omissions by Expat Housing Network, its employees or any third parties it uses. This is only otherwise if and insofar as mandatory legal stipulations are contrary to this.
- The Expat Housing Network website (www.expathousingnetwork.nl) is aimed at providing information to visitors to the website. The content of this website has been compiled with the greatest possible diligence, but no rights or claims may be derived from its content.
- Expat Housing Network cannot be held liable for any loss suffered by the counterparty arising from actions or omissions of the other party in the tenancy agreement established by Expat Housing Network’s mediation.
- The restrictions named in this article relating to liability do not apply if the loss can be attributed to design and/or deliberate recklessness by Expat Housing Network, its senior management and/or its managers.
- Without prejudice to the stipulations in the other paragraphs of this article, liability is at all times restricted to the sum to be paid by Expat Housing Network’s insurer in the case in question, insofar as Expat Housing Network is insured for this.
- If Expat Housing Network is not insured as stipulated in article 13 paragraph 6, Expat Housing Network’s liability is at all times restricted to the amount already charged and/or to be charged to the counterparty by Expat Housing Network for its tasks and/or services during a maximum of one year.
- In the event of nonHtimely and/or incomplete delivery of data by the counterparty, Expat Housing Network cannot be held liable for the nonHtimely and incomplete processing of the data, or for any consequences for the counterparty arising from this.
- If the delivered documents contain visible errors, omissions etc. which must have been present at the time of delivery, Expat Housing Network pledges to restore or replace the documents, at its discretion, free of charge.
- The counterparty cedes all rights towards Expat Housing Network, may be held liable for any loss and indemnifies Expat Housing Network against any claim by third parties for compensation if and insofar as:
- the reported loss arises from inexpert use and/or use by the counterparty contrary to the instructions and recommendations of Expat Housing Network of the documents or services rendered;
- the reported loss arises from the counterparty otherwise not acting in line with the instructions and/or recommendations of Expat Housing Network;
- the reported loss arises from errors, omissions and/or inaccuracies in data, information carriers etc. which were furnished and/or prescribed to Expat Housing Network by or on behalf of the counterparty (including recommendations, documents etc. from third parties) and Expat Housing Network has based and/or executed the services to be provided on this information.
Article 14: Payment
- Unless otherwise agreed, the counterparty must pay the full amount owed to Expat Housing Network within 14 days of the date on the invoice. This term is a statutory limit. In the case of nonHtimely payment:
- a. the counterparty will owe Expat Housing Network interest of 2% per month, to be calculated cumulatively over the principal. Sections of a month will be viewed as a full month;
- b. after being sent a reminder to this effect by Expat Housing Network, with respect to nonHlegal costs the counterparty will owe at least 15% of the principal and interest at a minimum of €150;
- The full sum owed to Expat Housing Network by the counterparty will be paid on time without any appeals for discounts, postponements, offHsetting or cancellation of the sum.
- At the discretion of Expat Housing Network, in the aforementioned or similar circumstances, the contract maybe partly or fully dissolved without any notice of default being required or legal intervention, whether or not combined with a demand for compensation.
- If the counterparty does not fulfill his/her payment obligations in good time, Expat Housing Network is entitled to suspend fulfillment of the obligations towards the counterparty it has entered into with respect to delivery or the execution of tasks until payment has been made or appropriate security has been established. The same applies prior to the moment at which the counterparty is in default if Expat Housing Network may reasonably presume that there is reason to doubt the counterparty‘s creditworthiness.
- Any payments made by the counterparty will always contribute to the settlement of all interest and costs due and subsequently cover settlement of the payable invoices which have been unpaid for longest, unless the counterparty expressly states in writing on payment that the payment relates to a later invoice.
- If, for whatever reason, the counterparty has one or more counterclaim against Expat Housing Network, then the counterparty cedes the right to offHset sums. The aforementioned cession from the entitlement to offHset sums also applies if the counterparty requests (temporary) suspension of payment or is declared bankrupt.
Article 15: Intellectual property rights
- Expat Housing Network is and remains rightful claimant to all the intellectual property rights attached or related or belonging to the documents produced by Expat Housing Network. The aforementioned applies unless the parties have expressly agreed otherwise in writing.
- Expat Housing Network retains the express and exclusive right to exercise the rights listed in the previous paragraph of this article – including the publication or transfer of data – both during and after termination of execution of the contract. The counterparty is in any case prohibited from copying or duplicating the documents, issuing them to third parties or allowing third parties to inspect them without the express permission of Expat Housing Network. Downloading or copying information from the Expat Housing Network website is also prohibited without its prior written permission.
- In furnishing Expat Housing Network with data, the counterparty declares that there is no violation of copyright or any other type of intellectual property belonging to third parties and he/she indemnifies Expat Housing Network within and outside the law from any consequences, financial or otherwise, which could arise from this.
Article 16: Bankruptcy, incapacity to dispose of property etc.
- Without prejudice to the stipulations in the other articles of these terms and conditions, the contract concluded between the counterparty and Expat Housing Network will be dissolved, without recourse to the courts and without any notice of default being required, at the moment at which the counterparty:
- is declared bankrupt;
- applies for (temporary) suspension of payments;
- is issued with seizure under a warrant of execution;
- is placed under legal restraint or an administration order;
- otherwise loses the capacity to dispose of property or to contract relating to all or some of his/her assets.
- The stipulation in paragraph 1 of this article applies unless the trustee or administrator recognizes the obligations arising from the contract as debt of the estate.
Article 17: Force majeure
- In the event of force majeure, Expat Housing Network is entitled to dissolve the contract or to suspend fulfillment of its obligations towards the counterparty for a reasonable period of time without being obliged to pay any compensation.
- Within the framework of these terms and conditions, force majeure is taken to mean: a nonHliable shortcoming on the part of Expat Housing Network, of the third parties it uses or suppliers or any other important reason on the part of Expat Housing Network.
- In the event of force majeure when the contract has been executed in part, the counterparty is bound to fulfill his obligations towards Expat Housing Network up to that moment.
- The conditions under which force majeure applies are taken to mean: wars, insurrections, mobilization, domestic and foreign riots, government restrictions, labor strikes and exclusion by employees or the threat of such circumstances, disruption to the currency rates applicable at the time the contract was entered into, disruption to business operations due to fire, server, internet or power failures, natural phenomena and/or adverse weather conditions.
Article 18: Dissolution, cancellation, termination
- a. The counterparty cedes all rights to dissolve the contract ex article 6:265 and following of the Civil Code or other legal stipulations, unless mandatory legal stipulations are contrary to this. The aforementioned applies on condition of the right to cancel or terminate the contract by virtue of the relevant article.
b. The stipulation in sub a. of this paragraph does not apply to the contract with the consumer.
- Within the framework of these general terms and conditions, cancellation is taken to mean: termination of the contract by one of the parties prior to commencement of the execution of the contract.
- Within the framework of this contract, termination is taken to mean: termination of the contract by one of the parties after commencement of the execution of the contract.
- The counterparty may be held liable towards third parties for any consequences arising from the cancellation or termination and indemnifies Expat Housing Network against these.
- Any sums already paid by the counterparty are nonHrefundable unless expressly otherwise agreed in writing.
Article 19: Applicable law, competent judge
- The contract concluded between Expat Housing Network and the counterparty is subject exclusively to Dutch law. Any disputes arising from this contract will also be decided under Dutch law.
- Any disputes will be decided by the competent Dutch judge, although Expat Housing Network, insofar as the law does not dictate otherwise, is awarded the power to bring a case before the competent judge of the courts in the place in which Expat Housing Network is domiciled.
- With respect to any disputes with the consumer, within one month of Expat Housing Network informing the consumer that the case will be brought before the courts in Expat Housing Network’s place of domicile, the consumer may inform Expat Housing Network that he/she opts for settlement of the dispute by the competent judge.
- With respect to disputes arising from a contract concluded with a counterparty domiciled outside the Netherlands, Expat Housing Network is entitled to act in accordance with the stipulations of paragraph 2 of this article or – at its discretion – to bring the case before the competent judge of the courts in the country or state in which the counterparty is domiciled.