Terms and Conditions

Amsterdam Real Estate

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Terms and Conditions

GENERAL TERMS AND CONDITIONS OF SERVICE



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Model adopted by Pararius B.V. on 28 January 2016. The user of this model is advised to consult the explanatory notes accompanying this model, to adapt the model to his own wishes and practice and to consult an expert in this respect. Any and all liability of Pararius B.V. for detrimental consequences of the use of the text of the Model is excluded.

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Article 1: Applicability, definitions

1. These General Terms and Conditions for Services, hereinafter referred to as the 'AVD', apply to all agreements concluded by Amsterdam Real Estate with its Clients in respect of the right to residential accommodation.

2. Mediation is understood to mean: the Estate Agent's best-efforts obligation aimed at concluding a rental agreement for living space between the Client and the other party, as referred to in Article 7:425 of the Dutch Civil Code, against payment of a fee by the Client. The broker shall never accept from the other party of the Client an order for mediation for the same living space. An order to mediate does not form part of a search assignment as referred to in article 3 paragraph 1 of this AVD (renting) and article 4 paragraph 1 of this AVD (letting). However, a search assignment and an assignment to mediate may be combined.

3. If the Client is the party who wishes to rent this housing accommodation and has given the broker an order for mediation to that end, the other party is understood to be the (prospective) lessor of the housing accommodation in question. If the Client is the party who wishes to rent out this living space and has given an order to Makelaar for mediation, the other party shall be understood to be the (prospective) tenant of the living space in question.

4. Provisions that deviate from this AVD only form part of the agreement concluded between the parties if and insofar as the parties have expressly agreed this in writing.

5. If the Client consists of two or more (legal) persons, they are jointly and severally liable towards Makelaar for the fulfilment of all obligations towards Makelaar.

6. The non-application of (part of) a provision of these General Terms and Conditions for Services for whatever reason does not affect the applicability of the other provisions.

Article 2: Cooperation of the Client in the execution of the agreement

1. The parties shall not do anything and/or refrain from doing anything that impedes or may impede the proper performance of this agreement. The Client shall cooperate in all respects to the proper execution of the agreement by both parties, including by timely provision of all necessary information and documents to Makelaar.

2. 2. The Estate Agent shall not commence the execution of the work until the Client has provided him with all the necessary information and documents and the Client has made any agreed (advance) payment and/or down payment.

Article 3: In case Client is house-hunter (hiring out)

Content of the assignment. Activities and working method of Broker

1. By 'search assignment' is meant the best efforts obligation of the Estate Agent aimed at finding suitable rental accommodation for the Client.

2. The activities of the Estate Agent may, depending on the Client's wishes and what the parties agree on at the time of the conclusion of the agreement and any further agreements thereafter, include the following:

Search assignment:

* providing general information about, among other things, the possibilities of finding housing, the local housing market, the housing permit, the rent allowance, rent protection, rents, registration in the municipal personal records database;

* an inventory of the housing requirements/search profile of the Client;

* organizing one or more viewings by the Client of and providing information about one or more dwellings; * evaluating viewings with the Client.

Assignment to mediate:

* compiling a complete file on the Client and nominating the Client as a candidate tenant to potential landlord(s) on the basis thereof and making every effort to ensure that the latter grants the relevant accommodation to the Client; * conducting negotiations with potential landlord(s) on the content of the rental agreement on the Client's behalf;

* concluding a written tenancy agreement and taking care of the tenancy agreement on behalf of the Client; * taking care of the tenancy agreement on behalf of the Client.

Order to mediate:

* compiling a complete file on the Client and nominating the Client as a candidate tenant to potential lessor(s) on the basis of this file and making every effort to ensure that the latter grants the housing accommodation concerned to the Client; * conducting negotiations on behalf of the Client with potential lessor(s) regarding the content of the tenancy agreement;

* arranging a written tenancy agreement and ensuring that both parties sign the tenancy agreement; * providing information about and an explanation of the tenancy agreement.

Other activities:

* Ensuring that the first payment to the lessor is made on time; * Organising the delivery of the housing accommodation; * Drawing up a proper inspection report (with photos) in triplicate (including recording the meter readings, inspection keys, inspection inventory),

inventory of defects); * ensuring that the lessor meets his obligations at the start of the lease;

* providing support for: maintenance contracts, moving house, transport/purchase of inventory, looking for workmen in connection with painting, wallpapering and laying the floor, etc.; * providing support for: a telephone and internet connection and/or a connection to utilities;

* acting as a first line of enquiry for the Client during the rental agreement.

3. 3. In carrying out his activities, the Estate Agent shall exclusively represent the interests of the Client and not those of the (prospective) lessor.

4. 4. The Estate Agent shall never mediate on behalf of both the (prospective) lessor of a living accommodation and the Client in the formation of a tenancy agreement for that living accommodation.

5. Client shall, on his own initiative, provide the Estate Agent with all information, data and documents necessary for the execution of the assignment and Client guarantees the accuracy thereof. These information and documents include, but are not limited to: valid proof of identity, valid proof of residence in the Netherlands, recent salary specification(s), employment contract, recent bank statements (showing salary payments), employer statements and the like. The Client has the right to share this information, data and documents with third parties in so far as this is useful and necessary for the fulfilment of the assignment.

6. After Client has informed Makelaar that he wishes to lease a housing accommodation submitted by Makelaar with the request to notify the lessor and to mediate in the conclusion of a lease agreement with the lessor, Makelaar shall confirm this notification by e-mail to Client. Client has the right to revoke his notification as referred to above by informing Makelaar by e-mail within 24 hours after this e-mail message has been sent. After this period of 24 hours, this right expires. The Client does not have this right if he has made his notification as referred to above to the Broker in writing or by e-mail or has confirmed it in writing in a declaration of intent signed by the Client.

Fee for the services of Makelaar

7. If, as a result of the provision of services by the Estate Agent, a rental agreement for residential space arises between the Client and a lessor, the Client shall owe the Estate Agent a fee (brokerage). This fee is laid down in the agreement between the parties (assignment to provide services). The Client owes this fee to the Estate Agent at the time of the conclusion of the rental agreement.

8. The fee is deemed to be a reasonable remuneration for the work that the Estate Agent performs for the Client in execution of the agreement. The parties take into account that the fee due is a rate customary in the market that is not linked to the scope of the work to be carried out by the Estate Agent but to a result to be achieved.

9. The Estate Agent is entitled to ensure that the Client can only move into the accommodation after the fee has been paid to the Estate Agent.

10. If Client and/or his relations appear to be living in a living accommodation of which Client has obtained the information from the Estate Agent, Client shall owe the agreed fee to the Estate Agent, regardless of whether the rental agreement has been concluded through the mediation of the Estate Agent.

11. If, for whatever reason, the Client does not take up residence in the accommodation for which a rental agreement has been concluded through the mediation of the Estate Agent, or if the rental agreement for this accommodation is terminated, destroyed or dissolved, the Client shall remain obliged to pay the agreed fee and the Client shall not be entitled to a full or partial refund thereof.

12. If the Client, after having given the notification or written confirmation referred to in Article 3 paragraph 6 of this AVD to the broker and after his possible right to withdraw that notification has expired, still withdraws his notification or otherwise frustrates the conclusion of a rental agreement, the Client is obliged to compensate the broker for the damage he has suffered. The aforementioned damage shall in any case consist of an amount equal to the agreed compensation that the Client would owe if a definitive rental agreement were to be concluded for the accommodation. If the amount of the agreed compensation is based on the amount of the rent to be agreed with the prospective lessor and no rent has yet been agreed, the compensation will be based on the gross rental price of the prospective lessor's initial rental offer. In addition, the Principal is obliged to indemnify the Estate Agent against any damage suffered by the relevant prospective lessor.

13. Immediately after the Client and a prospective lessor have reached agreement on a rental agreement for a residential property through the mediation of the broker, the broker shall, before drawing up a rental agreement to be signed by both parties, draw up a rental confirmation form of the core terms of the rental agreements. Client is obliged to sign this rental confirmation form immediately.

Article 4: If the Client is the owner of the housing accommodation (letting)

1. By 'search assignment' is understood the best efforts obligation of the Broker aimed at finding a tenant suitable for the Client for the housing accommodation in question.

2. The activities of the Estate Agent may, depending on the Client's wishes and what the parties agree on at the time of the conclusion of the agreement and any further agreements thereafter, include: * advising on the rental of the housing accommodation and the market conditions; * inspecting the housing accommodation; * determining the rental value of the housing accommodation; * recording the meter readings; * taking photos of the housing accommodation; * placing photos and information about the housing accommodation on the Estate Agent's website, on various housing websites, at other brokers/intermediaries and/or in other media; * placing a tenancy board; * drawing up and placing a shop window advertisement; * screening potential tenant(s) in advance; * conducting negotiations on behalf of the Client with potential tenant(s) about the content of the tenancy agreement;

* establishing a written tenancy agreement and arranging for the signing of the tenancy agreement by both parties; * providing information about and an explanation of the tenancy agreement; * ensuring that the first payment is made on time by the tenant; * organising the delivery of the accommodation; * drawing up a proper inspection report (with photos) in triplicate (including recording the meter readings, inspection keys, inspection inventory, inventory of defects).

3. Client shall, on its own initiative, provide Makelaar with all information and documents necessary within the framework of the execution of the assignment and Client guarantees the accuracy thereof.

4. If, as a result of mediation by the Estate Agent, a rental agreement for the housing accommodation results for the Client, the Client shall owe the Estate Agent the fee (brokerage) that the parties have agreed upon. The Client shall owe this commission within 14 days after the invoice to be sent to him by the Broker for this purpose.

5. The fee is deemed to be a reasonable compensation for the work that the Estate Agent performs for the Client for the execution of the agreement. Parties shall take into account that the fee due is a rate customary in the market that is not linked to the scope of the work to be carried out by the Estate Agent but to a result to be achieved.

6. The Client instructs the Estate Agent to collect the amounts for the first month's gross rent and the deposit from the tenant. The broker shall transfer the collected amounts to the Client, after settlement with any amounts owed by the Client to the broker.

7. If the Client turns out to be (co-)renting out the housing accommodation in question or to have given it (co-)use to one or more persons or parties from whom the Client has obtained the information from the Estate Agent, the Client shall owe the agreed fee to the Estate Agent, regardless of whether the rental agreement was concluded through the mediation of the Estate Agent.

8. If, for whatever reason, the tenant with whom the Client has entered into a rental agreement through the intermediary of the Estate Agent, does not take up residence in the accommodation concerned, or if the rental agreement for this accommodation is terminated, destroyed or dissolved, the Client shall remain obliged to pay the agreed fee and the Client shall not be entitled to a full or partial refund thereof.

9. If a (housing) permit is required for the accommodation in question, obtaining this permit for the benefit of the Client and/or the tenant shall be at the expense and risk of the Client and the Client shall be obliged to pay the agreed fee regardless of whether the permit has been or will be granted, unless the parties have agreed otherwise.

10. If Client, after negotiations with a prospective tenant have commenced, whether or not after Client has signed a declaration of intent to that effect, terminates the negotiations, frustrates them and/or is no longer willing to let the accommodation in question to the prospective tenant, Client shall be obliged to compensate Makelaar for the damage suffered by him. The aforementioned damage shall in any case consist of an amount equal to the agreed compensation that the Client would owe if a definitive rental agreement were to be concluded for the living accommodation. If the amount of the agreed compensation is based on the amount of the rent to be agreed with the prospective tenant and no rent has yet been agreed, the compensation will be based on the Client's initial rental offer. In addition, the Client is obliged to indemnify the Estate Agent against any damage suffered by the prospective tenant in question.

11. Immediately after Client and a prospective tenant have reached agreement on a rental agreement for a residential property through the mediation of the broker, the broker will, before drawing up a rental agreement to be signed by both parties, draw up a rental confirmation form of the core terms of the rental agreements. Client is obliged to sign this rental confirmation form immediately.

12. Client declares and guarantees in all respects (among other things in view of possible claims of whatever nature by any other entitled party/parties with regard to the housing accommodation, mortgagee(s), insurer(s), (local) authorities, competent authorities, manager(s), other housing agent(s), Association of Owners and the like) to be entitled to offer and let the housing accommodation for rent and indemnifies the Estate Agent against all possible claims of third parties in this respect and against all extrajudicial and judicial costs to be incurred by the Estate Agent in this respect. The broker accepts no liability whatsoever in this respect.

13. Client declares to be fully aware of the fact that, according to mandatory legislation, the tenant of housing accommodation is protected against, among other things, termination of the lease by the landlord, against too high rents, too high or incorrect service costs and too high or incorrect one-off fees when concluding lease agreements. The Client (and not the Estate Agent) determines the desired duration of the rental agreement, the amount of the rent, the amount of the deposit, the composition of the service package, the amount of (the advance payment for) the service costs and/or the amount of any one-off fees. The broker does not accept any liability for damage resulting from the content of the rental agreement, in particular with regard to its duration, the amount of the rental price, the amount of the deposit, the amount of (net advance payment for) the service costs, the composition of the service package and the amount of (one-off) fees.

14. The Client declares that it is aware that the statutory rent (price) protection referred to in Article 4, paragraph 13 of this AVD also includes regulations limiting the possibility of temporary rental agreements to specific cases and that if a temporary rental agreement is concluded in violation of the law or does not meet the applicable criteria, the tenant may ignore the temporary nature of the rental agreement by invoking the law. The estate agent does not accept any liability for damage resulting from such a rightful or unjustified reliance on the tenant's rental protection.

Article 5: Personal data

The personal data of the Client will be included in the administration of Makelaar. Without the permission of the Client, Makelaar will not provide any data to third parties, unless he is obliged to do so on the basis of a statutory obligation and/or that is useful or necessary for the execution of the assignment. The registered data will only be used by Makelaar for the execution of the Client's assignment.

Article 6: Effort obligation broker

The broker will make every effort to the best of his ability and knowledge to achieve the result desired or intended by the Client. This is at all times a best-efforts obligation on the part of Makelaar and not an obligation to achieve a result. If the result is not achieved, this does not release the Client from its obligations towards the Estate Agent, with the exception of any obligations that are explicitly linked by the parties to achieving the intended result.

Article 7: Termination and termination of the Agreement

1. Unless agreed otherwise and without prejudice to the other provisions of this AVD, the agreement ends, among other things:

a. Achieving the result intended with the order as a result of Makelaar's efforts;

b. cancellation by the Client;

c. termination by Makelaar.

2. Termination of the agreement by the Client after the Client has given the notification referred to in Article 3 paragraph 6 of this AVD to the broker and after any right to withdraw that notification has expired, does not release the Client from its obligation to pay damages and obligation to indemnify the broker as referred to in the last-mentioned provision.

3. Termination of the agreement by the Client after negotiations have commenced with a prospective tenant as referred to in Article 4 paragraph 10 of this AVD does not release the Client from his obligation to pay damages and obligation to indemnify the broker as referred to in the latter provision.

4. The Client and the Estate Agent are authorised to terminate this agreement at any time. Among other things, the broker shall terminate the agreement if he has reason to fear that the Client will not, or not properly, comply with the rental agreement to be concluded, without prejudice to his claims to payment as provided for in this AVD.

5. Without prejudice to the claims for compensation provided for in this AVD, the parties cannot derive any right to compensation from termination of the agreement by giving notice, unless termination is due to failure by the other party to fulfil one or more obligations.

Article 8: Duty to complain and forfeiture of rights

1. Complaints relating to the activities and/or services provided by the Estate Agent must be reported by Client to the Estate Agent by registered letter within 2 months after discovery or after the Client should reasonably have discovered them, failing which the Client can no longer invoke any defects in the performance of the Estate Agent.

2. Client's claims on Makelaar shall lapse after 1 year after the agreement has ended.

Article 9: Liability

1. The broker is not liable for damage of the Client, including consequential damage, trading loss, loss of profit and/or stagnation damage, which is the result of his acts or omissions, that of his personnel or that of third parties engaged by him, in particular not for damage of the Client which is the result of the situation that the agreed rental price and/or the agreed service (costs) and/or the additional service (costs), whether or not

one-off fees are not in accordance with the law or may be increased or decreased through legal proceedings.

2. The broker is not liable for damage suffered by the Client as a result of acts or omissions of the other party in the rental agreement concluded or to be concluded through the mediation of the broker.

3. Insofar as the broker is liable for damage suffered by the Client, his liability shall be limited to the amount of the payment to be made by the broker's insurer in the occurring case, insofar as the broker is insured for this. If the broker is not insured as referred to above, the liability of the broker is limited to twice the amount of the fee charged and/or to be charged by the broker to the client for its activities and/or services.

4. The limitation of Makelaar's liability for damage suffered by the Client in this AVD does not apply if and insofar as the damage is due to intent and/or deliberate recklessness on the part of Makelaar.

Article 10: Payment

1. Unless otherwise agreed or stipulated in these Terms and Conditions, the Client must pay all that which he owes the Estate Agent within 14 days of the invoice date. This term shall be deemed to be a deadline.

2. All amounts owed by the Client to the Estate Agent shall be paid in good time by the Client without any appeal to discount, suspension, setoff, dissolution or cancellation.

3. In the event of late payment of all amounts owed by the Client to the Estate Agent:

a. the Client shall owe the Estate Agent default interest in the amount of 1% per month, to be calculated cumulatively over the principal sum. Parts of a month shall be considered a full month;

b. after having been summoned to do so by the Estate Agent, the Client shall owe 15% of the principal sum and the default interest with a minimum of € 40.00 in respect of extrajudicial costs.

4. 4. In the event of non-fulfilment by the Principal of any obligation arising from the agreement, without further notice of default or judicial intervention being required, the broker is authorised to dissolve the agreement in whole or in part and to claim compensation for his damage.

5. If the Client has not fulfilled his payment obligations on time, the broker is authorised to suspend the fulfilment of his obligations until payment has been made. The same applies if, prior to the commencement of the default, the Estate Agent already has a reasonable suspicion that the Client will not meet his payment obligations. The risk for the consequences of suspension by the Estate Agent shall be for the account of the Client.

6. Payments made by the Client shall always serve to pay successively the interest owed, the costs owed and the longest outstanding due and payable invoices.

Article 11: Competent court, applicable law

1. The agreement concluded between the Broker and the Client is exclusively governed by Dutch law.

2. Any disputes shall be settled by the competent Dutch court, albeit that Makelaar, insofar as the law does not imperatively preclude this, shall be entitled to bring a case before the competent court in the place where Makelaar has its registered office.
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