Terms & Conditions
Article 1: Applicability, definitions
1. These terms and conditions apply to all offers and brokerage agreements which Rotterdam Expat B.V., also trading under the name Ben Housing - hereinafter referred to as ‘Broker’ - enters into with the Client, hereinafter referred to as ‘Client’.
2. Brokerage is understood to mean the following: the Broker’s obligation of means which revolves around the receipt of a brokerage fee (commission) from the Client in return for introducing the Client to a potential tenant/tenants, with the goal of the Client and the tenant entering into a rental agreement for a property. This includes assistance from the Broker during viewings for one or more properties as referred to in article 7:425 of the Dutch Civil Code.
3. The brokerage fee or commission is understood to mean the following: the compensation made available by the Client to the Broker as remuneration for brokerage activities.
4. Clauses which deviate from the brokerage conditions are only considered part of the agreement entered into by the parties if and to the extent that both parties explicitly agree to this in writing.
5. For the purpose of these brokerage conditions, ‘in writing’ is understood to include: emails, faxes or any other mode of communication that is generally recognised as equivalent to writing.
6. Any written advice, documents, (taxation) reports, assessments, etc. created by the Broker and/or the Client will hereinafter be referred to as ‘the documentation’. ‘The documentation’ is understood to mean all written documents and documents stored on other types of media like computer disks, USB sticks and all other types of data carriers. Taking into consideration that parties retain the right to explicitly agree otherwise in writing.
7. If a Client consists of one or more legal entities, they are jointly obliged to ensure that all the obligations towards the Broker are met.
8. Any provisions or parts of provisions which are not applicable, for whatever reason, will not diminish the applicability of the other provisions which are included in these brokerage conditions.
9. The Broker’s right to demand compliance is not affected if the broker fails to demand compliance in a timely manner.
10. The Client shall not claim they have not received a copy of the brokerage conditions if the Broker has made these conditions available to the Contractor during a previous transaction.
11. The Broker retains the right to change the brokerage conditions they have created if changes to legislation are implemented.
Article 2: Agreements, mandates
1. Verbal agreements are only binding for the Broker after they have been confirmed by the Broker in writing or once the Broker has commenced implementing acts with the Client’s permission.
2. Additions or changes to the brokerage conditions or any other changes or additions to the agreement shall only be binding for the Broker once they have been confirmed by them in writing.
Article 3: The Client’s obligations, the chargeability of commission
1. The Client is obliged to make sure that any documentation necessary for the execution of the agreement is made available to the Broker, in the desired format, in a timely fashion.
2. The Client shall cooperate fully to help ensure the proper execution of the brokerage agreement. The Client shall not do anything and/or fail to do anything which will or may hinder the execution of this agreement or its proper execution.
3. The Client shall owe the Broker commission if the Client grants the use of a property to a third party or rents it to tenants which they have been (partially) introduced to by the Broker regardless of whether or not the rental agreement was entered into with the help of the Broker and regardless of whether or not the brokerage agreement with the Broker has come to an end.
4. The Client shall remain bound to pay commission and the Client shall not have the right to claim the full or partial reimbursement of this amount if, for whatever reason, the candidates presented by the Broker do not move into the in the property for which a rental agreement was created due to the Broker’s activities or if the rental agreement for this property is terminated, nullified or dissolved.
5. If the Client wishes to lease accommodation for which a permit is required, then this permit shall be obtained at the expense and risk of the Client and the Client shall be obliged to pay the fee regardless of whether the permit has been or will be granted, unless the parties have agreed otherwise.
6. The Client is obliged to pay the Broker an amount equal to the commission the Client would have owed the Broker if a rental agreement was definitively entered into if the Client approves the candidates presented by the Broker and these candidates then decide they no longer wish to rent the property in question.
7. The failure to fulfil the obligations resulting from this article in a timely fashion shall result in the Broker retaining the right to suspend the execution of this agreement until such a time as the Client has met them. The costs resulting from any delays and/or the costs for the execution of extra activities or any other resulting consequences are at the Client’s expense and risk.
Article 4: Personal data
The Client’s personal data will be entered into the Broker’s administration. The Client gives the Broker permission to store this data. The Broker shall only use the data registered for the execution of the agreements entered into with the Client and/or for any related activities;
Article 5: Timeframes
1. The timeframe listed during which the Broker is obliged perform their activities or make the documents and/or services available can never be deemed as strict deadlines unless the parties explicitly agree to otherwise in writing. The Broker shall be placed in default in writing in the event they fail to meet the obligations resulting from this agreement in a timely fashion.
2. The Broker retains the right - with the aim of ensuring the Client fulfils their financial obligation - to demand the Client make an advance payment or to demand another type of security before commencing or continuing their activities.
Article 6: Progress, execution of the agreement
1. The Broker is obliged to execute the brokerage agreement in an expert and precise manner, and in conformity with applicable branch standards.
2. The Broker cannot be obliged to start executing the activities until they have received all the necessary data and they have received the agreed to (pre-)payment.
3. The Broker shall provide advice regarding the rental price in conformity with the market rental price principle or determine it based on what is available on the market and what is being paid for these properties. This rent may differ from the price calculated using the points system. The Broker will only perform this type of calculation at the request of the Client and will charge an additional fee to do so. A failure to pay the additional fee by the Client shall result in the rental price being determined in conformity with the market rental price principle.
Article 7: Duration of the agreement, the broker’s obligation of means
1. A brokerage agreement is entered into for an indefinite period unless agreed to otherwise in writing.
2. The brokerage shall remain the broker’s obligation of means rather than being results-oriented. The Client is not released from their obligations towards the Broker if the aforementioned results are not achieved with the exception of any obligations which the parties have determined are inextricably linked to the achieving the intended goal.
Article 8: End and termination of the brokerage agreement
1. Unless agreed to otherwise and without diminishing that which has been set down in these brokerage conditions, the brokerage agreement will come to an end if:
a. the obligations resulting from this agreement are met by the Broker;
b. the Client terminates the agreement;
c. the Broker terminates the agreement.
2. This agreement shall be deemed completed if the desired result is achieved.
3. The Client and the Broker retains the right to terminate this agreement at any time as long as the one-month period of notice is taken into account.
4. Parties do not gain the right to claim compensation on the grounds that the agreement has been terminated unless the agreement has been terminated due to a failure to fulfil one or more obligations resulting from this agreement by either party and this party has been given sufficient time to rectify the issue.
Article 9: Advertising and complaints
1. The Client is obliged to inspect any documents received from the Broker, like the (concept) rental agreement, immediately upon receipt. Any issues with the documents shall be set down in writing and passed onto the Broker within no more than 2 working days. The rental agreement shall be deemed to be approved by the Client if the Client does not respond within 2 days.
2. Other types of advertising - including complaints relating to the activities performed or the services made available - shall be set down in writing and submitted within 2 weeks after they were first discovered or after they could reasonably be expected to be discovered by the Client to the Broker. The Client loses their right to submit a claim for any default on the part of the Broker if they fail to do so.
Article 10: Liability
1. The Broker shall never be deemed a party in a rental agreement between a tenant and the lessor when brokering an agreement and they cannot be held liable for the contents and execution of the rental agreement. The Broker can never be held liable for any damages incurred by the Client as a result of the rental price and/or the service charge agreed to and/or any additional or one-off payments not being meeting the demands made by law as referred to in article 6.3 of these terms and conditions.
2. The Broker shall acquit themselves of their task in a way which can be expected from a company operating in this branch and in conformity with the terms and conditions but cannot be held liable for any damages including consequential damages, company damages, lost profits and/or stagnation damages, which are the result of the actions or the failure to take action by the Broker, their staff or by any third parties involved.
3. The Broker is also not liable for damages which the Client suffers as a result of actions or the failure to take actions by the other party during the execution of the contract which has been brokered by the Broker.
4. The limitations included in this article relating to liability to not apply to damages resulting from gross negligence and/or intentional bad will on the Broker’s side.
6. The Broker’s liability is always - even in the event of the circumstances described in paragraph 4 - limited to the amount which the Broker has charged the Client for the activities and/or services performed and/or the commission which has been charged.
7. The Broker cannot be held liable for any damages and/or issues with the property which were present at the time the Client approved it. It is up to the Client to inspect the property for any damage and/or issues and, if necessary, contact the tenant about these issues;
Article 11: Payment
1. The Client authorises the Broker to charge the tenant for the first month of rent plus their down payment freely and to have this amount transferred to the Stichting Beheer Derdengelden which is registered to the Broker.
2. The Client authorises the Broker to carry out a settlement where the amount owed to the Broker plus VAT for each rental period and/or the down payment made by the Tenants on behalf of the Client is deducted using the Stichting Beheer Derdengelden. This authorisation is also applicable to the Stichting Beheer Derdengelden registered to the Broker.
3. The Client is obliged to pay the Broker any outstanding funds within 14 days of receiving the invoice if the Broker cannot settle the Client’s bill with the funds they have at their disposal. This term is a firm deadline. In the event of a late payment:
- the Client shall owe the Broker a default interest which amounts to 1% per month over the main sum which is calculated accumulatively. Parts of a month shall be counted as a full month;
- the Client shall, after being summoned to do so by the Broker, cover any extra-judicial costs which will amount to at least 15% of the main sum and the default interest with a minimum amount of € 40.00
4. All amounts owed by the Client to the Broker shall be paid by the Client in a timely fashion without any requests for discounts, deferments, settlements or cancellations
5. The Broker retains the right to partially or fully terminate the agreement, together with the right to claim damages if desired, if these events come to pass without placing the other party in default and without the need for any legal proceedings.
6. The Broker retains the right to suspend the fulfilment of any obligations on the Client’s behalf or to suspend the execution of any activities until such a time as payment has been received or if there is evidence to suggest that this type of payment is on its way, if the Client does not fulfil their payment obligation in a timely fashion. The same is true for starting before the moment they are placed in default if the Broker has reasonable grounds to suspect that there may be issues with the Client’s creditworthiness.
7. Payments made by the Client shall settle all interest and costs due and shall also cover outstanding invoices starting with the one which has been open longest, unless the Client specifically states which amount the payment is supposed to cover and does this in writing listing the date of the invoice in question.
Article 12: Bankruptcy, loss of power of attorney etc.
1. Without diminishing that which has been determined in the other articles which are part of these terms and conditions, the agreement entered into between the Client and the Broker shall be terminated without legal proceedings and without the necessity for anyone being placed in default if the Client:
a. is declared bankrupt;
b. is granted or requests a moratorium;
c. is subjected to the forced sale of assets;
d. is placed under curatorship;
e. loses control or power of attorney over their property or parts of it in any other way.
2. That which has been determined in paragraph 1 of this article is applicable, unless the curator or acting manager recognises the resulting obligations as an insolvency debt.
Article 13: Competent judge, authorised law
1. The agreement entered into by the Broker and the Client is solely subject to Dutch law. Any disputes resulting from this agreement will also be ruled on in conformity with Dutch law.
2. Any disputes will be ruled on by a competent Dutch judge, unless the Broker, to the extent that the law does not prevent this, decides to launch proceedings with a competent judge in the place where the Broker is located.