Expat Relocation Brokers in Harkstede, the Netherlands
Model  28-01-2016

Applicable law

This is a free translation of the general terms, contitions and privacy statement

Dutch law applies to the general terms, conditions and privacy statement of the Expat Relocation Brokers site and services. All disputes due to, on account of or pursuant to these general terms, contitions and privacy statement shall be submitted exclusively to the competent court in the Netherlands. If any foreign language versions of the general terms, conditions and privacy statemant show discrepancies or lead to differences in interpretation, the version in the Dutch language shall be decisive.

 

Article 1: Applicability, definitions

 

These General Terms and Conditions of Services, hereinafter referred to as 'AVD', apply to all agreements which Expat Relocation Brokers in Harkstede, the Netherlands, hereinafter referred to as 'Broker', concludes with its Clients.
Under mediation is understood: the effort obligation of the Broker aimed at realising, against payment of a fee by the Principal, a rental agreement for living accommodation between the Principal and his counterparty, as referred to in article 7:425 of the Dutch Civil Code. Broker shall never accept an assignment for mediation for the same living accommodation from the other party of Principal. A search assignment does not include a search assignment as referred to in article 3 paragraph 1 of these GTC (rental) and article 4 paragraph 1 of these GTC (letting). A search assignment and a mediation assignment may, however, be combined.
If the Client is the party that wishes to let this accommodation and has given the Estate Agent an instruction to mediate for that purpose, the other party shall be understood to be the (prospective) lessor of the accommodation in question. If the Client is the party who wishes to let this housing accommodation and for that purpose has given the Agency an assignment for mediation, the other party shall be understood to be the (prospective) tenant of the relevant housing accommodation.
Provisions deviating from these GTC shall only form part of the agreement concluded between the parties if and insofar as the parties have expressly agreed so in writing.
If Principal consists of two or more (legal) persons, they are jointly and severally liable towards Broker for the fulfilment of all obligations towards Broker.
If for any reason a (part of a) provision of these General Terms and Conditions of Services does not apply, this shall not affect the applicability of the remaining provisions.

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

The parties shall not do anything and/or refrain from doing anything that impedes or may impede proper performance of this Agreement. The Client shall in all respects cooperate with the proper performance of the agreement by both parties, including by providing the Broker with all necessary information and documents in a timely manner.
Broker shall not commence the performance of the activities until after Client has provided him with all necessary data and documents for that purpose and Client has made any agreed (advance) payment and/or down payment.

Article 3: If the Client is searching for a house and want to apply for a search assignment 

Content of the assignment. Activities and working method of Estate Agent

By "search assignment" is meant the effort obligation of Broker aimed at searching for suitable rental housing for Principal.
The activities of Broker may, depending on the wishes of Principal and what the parties agree on at the conclusion of the agreement and any further agreement thereafter, include the following components

Search assignment:

providing general information on, inter alia, the possibilities of finding housing, the local housing market, housing permit, rent allowance, rent protection, rents, registration in the municipal personal records database;
taking stock of the Client's housing requirements/search profile;
searching for suitable accommodation for the Client on the basis of the Client's housing requirements/search profile;
organising one or more viewings by the Client of and providing information about one or more residential property(s);
evaluation of viewings with Client. Your search request is valid for 3 months and you hereby request Expat Relocation Brokers to start the related work straight away.

Mediation assignment:

compiling a complete file on Client and, on that basis, proposing Client as a prospective tenant to potential landlord(s) and endeavouring to ensure that they award the relevant residential accommodation to Client;
conducting negotiations on behalf of the Client with potential landlord(s) regarding the contents of the tenancy agreement;
concluding a written tenancy agreement and ensuring that the tenancy agreement is signed by both parties;
providing information on and explaining the lease agreement.

 

Other duties:

ensuring that the first payment to the landlord is made on time;
organising the handover of the accommodation;
drawing up a proper inspection report (with photos) in triplicate (including recording meter readings, checking keys, checking inventory, listing defects);
ensuring that the landlord fulfils his obligations at the start of the tenancy agreement;
providing support for: maintenance contracts, moving house, transporting/purchasing 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 enquiry point for the Client during the tenancy agreement.
In performing his activities, the Estate Agent shall exclusively represent the interests of the Principal and not those of the (prospective) Landlord.
Broker shall never mediate on behalf of both the (prospective) lessor of a residential space and the Principal in the conclusion of a lease for that residential space.
On his own initiative, the Principal shall provide the Estate Agent with all information, data and documents necessary for the fulfilment of the assignment and the Principal guarantees the accuracy thereof. Such 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's statements and the like. Client is entitled to share this information, data and records with third parties to the extent useful and necessary for the fulfilment of the assignment.
After Client has notified Broker that he wishes to rent a residential property recommended by Broker and requests Broker to notify this to the landlord and to mediate in the conclusion of a rental agreement with the landlord, Broker shall confirm this notification to Client by e-mail. Principal has the right to withdraw his communication as referred to above by notifying Broker by e-mail message within 24 hours after sending this e-mail message. After this 24-hour period, this right expires. Client does not have this right if he has made his communication as referred to above in writing or by e-mail message to Broker or confirmed in writing in a letter of intent signed by Client.

Compensation for Broker's services

The startup fee for a a search asssignment is €35,- inclusive VAT. If a residential rental agreement between the Principal and a landlord results from the services of Broker, the Principal shall owe an extra  fee (brokerage fee) to Broker. This fee is laid down in the agreement between the parties (order for services). This fee is payable by Principal to Broker upon conclusion of the tenancy agreement.
The fee is deemed to be a reasonable remuneration for the activities that the Broker performs for the Principal in order to execute the agreement. The parties take into account that the fee payable is a customary rate in the market that is not linked to the scope of the activities to be carried out by Broker but to a result to be achieved.
Broker has the right to effect that Client cannot move into the residential accommodation until the fee has been paid to Broker.
If Principal and/or his relations turn out to live in a residential space, of which Principal has obtained the details from Broker, Principal owes the agreed remuneration to Broker, regardless of whether the lease was concluded through mediation by Broker.
If for whatever reason Principal 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, annulled or dissolved, Principal will remain liable to pay the agreed remuneration and Principal is not entitled to a full or partial refund thereof.

If Client, after having made the notification or written confirmation as referred to in article 3 paragraph 6 of these GTC to Broker and after his possible right to withdraw that notification has lapsed, still withdraws his notification or otherwise frustrates the formation of a tenancy agreement, Client shall be obliged to compensate Broker for the damage suffered by him. The aforementioned damages shall in any case consist of an amount equal to the agreed remuneration that Principal would owe if a definitive lease was concluded for the residential accommodation. If the amount of the agreed compensation is based on the amount of the rental price to be agreed with the prospective landlord and no rental price has yet been agreed, the compensation shall be based on the gross rental price of the prospective landlord's initial rental offer. In addition, Client shall be obliged to indemnify Broker for any damages suffered by the relevant prospective landlord.
Immediately after Client and a prospective landlord have reached an agreement on a residential rental agreement through the mediation of Broker, Broker shall, prior to drawing up a rental agreement to be signed by both parties, prepare a rental confirmation form of the core clauses of the rental agreements. Client is obliged to sign this lease confirmation form immediately.

 

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

By "search" is meant the effort obligation of Broker aimed at finding a suitable tenant for Client for the residential space in question.
The activities of Broker may, depending on the wishes of Principal and what the parties agree on at the conclusion of the agreement and any further agreement thereafter, include:
advising on the letting of residential accommodation and market conditions;
inspecting the housing accommodation;
determining the rental value of living accommodation;
taking meter readings;
taking photographs and any zero measurement living space;
placing photos and information about the living accommodation on various websites, with other estate agents/brokers and/or in other media;
placing a for rent sign;
preparing a marketing plan and promotion;
screening potential tenant(s);
negotiating and explaining the contents of the lease to potential tenant(s) on behalf of the client;
drawing up a tenancy agreement and ensuring that the tenancy agreement is signed by both parties;
ensuring that the first payment is made by the tenant on time;
organising a check-in and key transfer
preparing an inspection report (with photos) including recording meter readings, checking keys, checking inventory, listing defects).
offering advice on maintenance and improvement
property optimisation and sustainability
Client shall, on its own initiative, provide Broker with all information and documents necessary in the context of the execution of the assignment and Client guarantees the accuracy thereof.
If the mediation by Broker results in a rental agreement for the residential accommodation for Client, Client shall owe Broker the fee (brokerage commission), which is parties have agreed. This brokerage fee shall be payable by the Principal within 14 days of the invoice sent to him by Broker for that purpose.
The fee shall be deemed to be a reasonable remuneration for the work that Broker performs for Principal in the execution of the agreement. Parties take into account that the fee due is a customary rate in the market that is not linked to the scope of the activities to be carried out by Broker but to a result to be achieved.
Client instructs Broker to collect from the tenant the amounts for the first month's gross rent and the applicable security deposit. Broker will transfer the collected amounts to Principal, after setting off any amounts owed by Principal to Broker or ensure that prospective tenant transfers it directly to Landlord with proof of payment.
If Principal appears to (co)let or (co)let the relevant residential accommodation to one or more persons or parties, from whom Principal has obtained the information from Broker, Principal shall owe the agreed fee to Broker, regardless of whether the rental agreement was concluded through brokerage by Broker
If for whatever reason the tenant, with whom Principal has concluded a rental agreement through the mediation of the Estate Agent, does not take up residence in the living space in question, or if the rental agreement for this living space is terminated, annulled or dissolved, Principal shall remain liable to pay the agreed remuneration and Principal shall not be entitled to full or partial refund thereof.
If a (housing) permit is required for the housing accommodation concerned, obtaining this permit for the benefit of the Client and/or tenant shall be at the expense and risk of the Client and the Client shall be obliged to pay the agreed fee irrespective of whether the permit has been or will be granted, unless the parties have agreed otherwise.
If, after negotiations have commenced with a prospective tenant, whether or not after Principal has signed a letter of intent to that effect, Principal terminates, frustrates and/or is no longer willing to let the residential accommodation in question to the prospective tenant, Principal shall be obliged to compensate Broker for the damage suffered by him. The aforementioned damages shall in any case consist of an amount equal to the agreed remuneration that Principal would owe if a definitive lease agreement was concluded for the housing 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 shall be based on the initial rental offer made by Principal. In addition, Client shall be obliged to indemnify Broker for any damages suffered by the relevant prospective tenant.
Immediately after Principal and a prospective tenant have reached an agreement on a residential rental agreement through the mediation of Broker, Broker shall, prior to drawing up a rental agreement to be signed by both parties, from the core clauses of the tenancy agreements draw up a tenancy confirmation form. Client is obliged to sign this rental confirmation form immediately.
Client represents and warrants in all respects (including with regard to possible claims of whatever nature by any other entitled party/parties in respect of the residential premises, mortgage holder(s), insurer(s), (local) authorities, competent authorities, manager(s) other housing intermediary(s), Owners Association and the like) to be entitled to offer and let the living accommodation 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. Broker does not accept any liability in this respect.
Principal declares to be fully aware of the fact that, according to mandatory legislation, the tenant of residential accommodation is protected against, inter alia, termination of the lease by the landlord, excessive rents, excessive or incorrect service costs and excessive or incorrect one-off fees when concluding lease agreements. Client (and not Broker) determines the duration of the lease desired by Client, 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. Broker accepts no liability whatsoever for damage resulting from the contents of the lease, in particular where it concerns the duration, the amount of the rental price, the amount of the deposit, the amount of (the advance payment for) the service costs, the composition of the service package and the (amount of) one-off fees.
Client declares to be aware of the fact that the statutory rent (price) protection referred to in article 4 paragraph 13 of these GTC includes regulations that limit the possibility of temporary leases to specific cases and that, if a temporary lease is concluded in violation of the law or does not meet the applicable criteria, the tenant can ignore the temporary nature of the lease by invoking the law. Broker does not accept any liability for damages resulting from such an appeal, justified or not, to tenant's rent protection.

Article 5: Personal data.
The personal data of Client shall be included in the administration of Broker. Broker shall not provide any data to third parties without the consent of Client, unless he is obliged to do so on the basis of a statutory obligation and/or that is useful or necessary in the performance of the assignment. The registered data shall be used by Broker exclusively for the purpose of executing the Client's assignment.

We also process personal data of potential customers. From visitors to our website who fill out the contact form, we record the following data: - Name, address, phone number and e-mail address and possibly more. The complete data we may ask for are listed in the following link: https://www.expatrelocationbrokers.com/search-assignment-form

 

Article 6: Estate Agent's obligation to make efforts
Estate Agent shall make an effort to the best of his knowledge and ability to achieve the result desired or intended by the Client. This is at all times an effort obligation on the part of the Estate Agent and not an obligation to achieve a result. If the result is not achieved, this does not release Principal from his obligations towards Broker, with the exception of any obligations explicitly linked by the parties to achieving the intended result.

 

Article 7: End and termination of the agreement

Unless otherwise agreed and without prejudice to the other provisions of these GTC, the agreement shall end inter alia by:
The achievement of the result intended with the assignment of the efforts of Broker;
termination by the Client;
termination by Estate Agent.
Termination of the agreement by Client after it has given the notice referred to in article 3 paragraph 6 of these GTC to Broker and after its right, if any, to withdraw that notice has lapsed, shall not release Client from its liability to pay damages and its obligation to indemnify Broker as referred to in the latter provision.
Termination of the agreement by the Principal after negotiations have commenced with a prospective tenant as referred to in article 4 paragraph 10 of these GTC shall not release the Principal from his obligation to pay damages and his obligation to indemnify the Broker as referred to in the latter provision.
Client and Broker are authorised to terminate this agreement at any time. Among other things, Broker shall terminate the agreement if he fears that Principal will not or not properly comply with the lease to be concluded, without prejudice to his claims for payment as provided for in these GTC.
Without prejudice to the claims for compensation provided for in these GPC, the parties may not derive any right to compensation from the termination of the agreement by notice, unless notice is given due to the other party's failure to fulfil one or more obligations.

Article 8: Obligation to complain and forfeiture of rights

Complaints relating to work performed and/or services rendered by Broker - must be reported by registered letter to Broker by Client no later than 2 months after discovery or after Client should reasonably have discovered them, failing which Client can no longer appeal to any defects in Broker's performance.
Claims of Principal against Broker lapse after expiry of 1 year after the agreement has been terminated.

Article 9: Liability

Broker is not liable for damage of Principal, including consequential damage, trading loss, loss of profits and/or stagnation damage, which is the result of his actions or omissions, that of his personnel or that of third parties engaged by him, in particular not for damage of Principal that is the result of the situation that the agreed rent and/or the agreed service (costs) and/or the additional one-off or non-recurring fees are not in accordance with the law or are (can be) increased or decreased through legal proceedings.
Broker is not liable for damage suffered by Principal as a result of acts or omissions of the other party in the rental agreement to be established or concluded through the mediation of Broker.
Insofar as Broker is liable for damages of Principal, his liability is limited to the amount of the payment to be made by Broker's insurer in the relevant case, insofar as Broker is insured for this. If Broker is not insured as referred to above, the liability of Broker is limited to twice the amount of the fee charged and/or to be charged by Broker to Principal for its activities and/or services.
Limitation of the liability of Broker for damages of Principal in these GTC does not apply if and insofar as the damages are attributable to intent and/or conscious recklessness of Broker.

The client is responsible for thoroughly reading and understanding their tax obligations and the implications for their personal or business situation. Expat Relocation Brokers always recommends having a thorough discussion with a designated advisor or relevant authority beforehand. Expat Relocation Brokers is in no way responsible for providing tax advice or for the consequences of tax matters in the client's personal or business situation. Relevant regulations and information can be accessed via the following link: https://www.rijksoverheid.nl/onderwerpen/woning-verhuren/vraag-en-antwoord/wat-komt-er-bij-kijken-als-ik-mijn-woning-wil-verhuren

 

Article 10: Payment

Unless otherwise agreed or stipulated in these Terms and Conditions, Principal shall pay all that he owes Broker within 14 days of the invoice date. This term is deemed to be a strict deadline.

All that Client owes to Broker shall be paid by Client in good time without any recourse to discount, suspension, set-off, dissolution or undoing.
In the event of late payment of all that is owed by Client to Broker:
Client shall owe Broker default interest in the amount of 1% per month, to be calculated cumulatively on the principal sum. Parts of a month are considered full months;
after having been warned to do so by Broker, Principal owes 15% of the principal sum and the default interest in respect of extrajudicial costs, with a minimum of € 40.
If Client fails to comply with any obligation under the agreement, Broker is entitled, without further notice of default or judicial intervention, to dissolve the agreement in whole or in part and to claim compensation for his loss.
If Client has not fulfilled his payment obligations in time, Broker is entitled to suspend the fulfilment of his obligations until payment has been made. The same applies if, prior to the commencement of default, Broker already has a reasonable suspicion that Client will not fulfil his payment obligations. The risk for the consequences of suspension by Broker shall be borne by Client.
Payments made by Client always serve to pay successively the interest owed, the costs owed and the longest outstanding payable invoices.

Article 11: Competent court, applicable law
The agreement concluded between Broker and Client is exclusively governed by Dutch law.
Any disputes shall be settled by the competent Dutch court, albeit that Broker, insofar as the law does not imperatively oppose this, is authorised to bring a case before the competent court in the place where Broker is established.

 

Article 12: General Terms and Conditions for Management Expat Relocation Brokers

These General Terms and Conditions for Management (hereinafter: "Terms") apply to all services provided by Expat Relocation Brokers (hereinafter: "Expat Relocation Brokers") in relation to property management, including administrative, technical, and commercial management. By using the management services of Expat Relocation Brokers, the client agrees to these Terms.

DEFINITIONS In these Terms, the following definitions apply:

• Expat Relocation Brokers: The management company responsible for managing the real estate as described in these Terms.

• Client: The party that commissions Expat Relocation Brokers to manage the real estate.

• Tenant: The party renting the real estate from the client.

• Major maintenance is not covered under the standard management agreement with Expat Relocation Brokers but can be provided as an additional service. The rate for extra services is €95 per hour, plus applicable VAT. For the optimization and market analysis of a property, a fee of €500,- excluding VAT will be charged per mutation, in addition to the agreed management fee of 6.5%.

• Management Fee: The fee received by Expat Relocation Brokers for managing the real estate.

APPLICABILITY These Terms apply to all services provided by Expat Relocation Brokers to the client unless otherwise agreed in writing. These Terms constitute the only binding agreement between Expat Relocation Brokers and the client.

LIABILITY AND LIMITATION OF LIABILITY Liability of Expat Relocation Brokers

• Expat Relocation Brokers is not liable for damages or losses resulting from incorrect, incomplete, or outdated information provided by the client or third parties.

• Expat Relocation Brokers is also not liable for damages resulting from force majeure, such as natural disasters, legislative changes, or other unforeseen circumstances beyond its control.

Liability for Errors or Negligence

• Expat Relocation Brokers remains responsible for damages resulting from gross negligence or intent by its employees or intermediaries. In such cases, liability is limited to the amount of the management fee paid by the client over the past year.

CLIENT'S RESPONSIBILITY The client is responsible for:

• Providing complete and correct information to Expat Relocation Brokers to ensure proper execution of services.

• Timely provision of documents and other information necessary for property management.

• Fulfilling obligations under the lease agreement and maintaining the property in accordance with applicable laws and regulations.

MANAGEMENT, FEES, AND PAYMENT Management Fee

• The monthly management fee for real estate is set at 6.5% of the monthly rent, plus applicable VAT. This fee is deducted from the tenant’s rental payments. If rent is not received on time, the client remains responsible for the management fee payment.

Additional Services

• Additional services not covered by standard management, such as legal advice, major maintenance, and other specific requests, are charged at a rate of €95 per hour, plus applicable VAT.

• Examples of additional services include:

  • Preparing service charge settlements (if invoices were not paid via Expat Relocation Brokers).

  • Legal advice and assistance in legal disputes.

  • Handling damage claims and other unforeseen incidents.

  • Representation in homeowners' associations.

Payment of Services

• Payments for management services are invoiced monthly and must be paid by the client within 30 days of the invoice date. In case of late payment, Expat Relocation Brokers is entitled to charge interest and collection costs.

TERMINATION OF THE AGREEMENT Termination by the Client

• The client may terminate the management agreement at any time in writing, subject to a two-month notice period.

Termination by Expat Relocation Brokers

• Expat Relocation Brokers may terminate the agreement if the client fails to meet obligations or if circumstances make it impossible to continue providing services. Expat Relocation Brokers must inform the client of this in writing.

Responsibility After Termination

• After termination of the agreement, the client remains responsible for outstanding payments and other obligations incurred before termination.

FORCE MAJEURE Definition of Force Majeure

• Force majeure includes any circumstance that temporarily or permanently prevents the execution of the agreement and is not attributable to Expat Relocation Brokers, such as natural disasters, government measures, war, pandemics, labor conflicts, technical failures, or other unforeseen circumstances.

Consequences of Force Majeure

• In case of force majeure, Expat Relocation Brokers is not liable for non-fulfillment of obligations under the agreement and may suspend or terminate services without liability.

PRIVACY AND DATA PROTECTION

• Expat Relocation Brokers acts in accordance with the General Data Protection Regulation (GDPR). All personal data collected during the execution of the agreement is used solely for property management and administrative purposes. Data will not be shared with third parties unless necessary for service execution or legally required.

APPLICABLE LAW AND DISPUTES Applicable Law

• These Terms are exclusively governed by Dutch law.

Disputes

• In case of disputes, parties will first attempt to resolve them amicably. If unsuccessful, disputes will be submitted to the competent court in Amsterdam unless agreed otherwise.

CHANGES AND ADDITIONS Changes to the Terms

• Expat Relocation Brokers reserves the right to amend these Terms. Changes will be communicated in writing to the client and take effect from the specified date.

Additional Agreements

• Supplements or amendments to the management agreement are only valid if recorded in writing and signed by both parties.

Privacy Statement Expat Relocation Brokers, Harkstede, Netherlands

For the privacy policy, applicable laws, and additional details, please refer to the following links:

• https://www.expatrelocationbrokers.nl

• https://www.pararius.nl/info/selectieprocedure-huurder

• https://www.expatrelocationbrokers.nl/wet-goed-verhuurderschap-ned

• https://www.edrcreditservices.nl/privacy-statement/

For questions, contact: info@expatrelocationbrokers.nl