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Terms and Conditions

Article 1: Applicability, definitions

  • These terms and conditions apply to all offers and to all agreements (rental assignments) that Found by Bo, hereinafter referred to as 'Broker' concludes with its Clients in their capacity as prospective lessor, hereinafter referred to as 'Client'.

  • Mediation is understood to mean: the broker's best efforts obligation aimed at bringing the Client into contact with potential tenant(s) against payment of brokerage fees by the Client, so that the Client concludes a rental agreement for accommodation with a tenant, all this as referred to in Article 7: 425 Civil Code.

  • Brokerage costs are understood to mean the consideration owed by the Client to the Broker for his brokerage activities.

  • If a provision below specifically relates to the situation in which the Client is a natural person who is not acting in the exercise of a profession or business, this will be referred to as 'the consumer'.

  • Provisions that deviate from these general terms and conditions for mediation only form part of the agreement concluded between the parties if and insofar as the parties have expressly agreed in writing.

  • In these general terms and conditions of mediation, 'in writing' is also understood to mean: by e-mail or any other form of communication that can be equated with this in view of the state of the art and the prevailing views in society.

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

  • The non-applicability of a (part of a) provision of these general terms and conditions for mediation, for whatever reason, does not affect the applicability of the other provisions.

  • If the Broker does not require fulfillment by the Client within due speed, this will not affect the Broker right to fulfillment.

  • The Client cannot rely on the fact that the general terms and conditions for mediation have not been made available to him if the Broker has already made these general terms and conditions available to the Client in another transaction.

  • Broker reserves the right to change the general brokerage conditions of Broker in case of changed regulations.


Article 2: Agreements, assignments

  • Verbal agreements only bind the Broker after they have been confirmed in writing by the Broker or as soon as the Broker has commenced the implementation acts with the consent of the Client.

  • Additions or changes to the general terms and conditions for mediation or other changes or additions to the agreement only become binding after written confirmation by the Broker.
     

Article 3: Obligations of the Client, indebtedness of brokerage fees

  • The Client must ensure that any information required for the execution of the agreement is made available to the Broker in a timely manner and in the form desired by the Broker.

  • The client will cooperate in all respects with the proper implementation of the brokerage agreement by both parties. The Client will not do and/or fail to do anything that impedes or may impede the proper execution of this agreement.

  • If a permit is required for the relevant accommodation, obtaining this permit for the benefit of the Client and/or tenant will be at the expense and risk of the Client and the Client will be obliged to pay the brokerage fees regardless of whether the permit has been or will be granted, unless parties have agreed otherwise.

Article 4: Personal data

  • The personal data of the Client will be included in the Broker's administration. The Broker will not provide any information to third parties without the permission of the Client. The registered data will only be used by the Broker for the purpose of executing the agreements it has concluded with the Client.

Article 5: Terms

  • Specified periods within which the Broker must perform the work or provide the documents and/or services can never be regarded as strict deadlines, unless the parties have expressly agreed otherwise in writing. If the Broker does not fulfill its obligations under the agreement or does not do so on time, it must therefore be given written notice of default.

Article 6: Progress, implementation of the agreement

  • The Broker is obliged to execute the agreement in an expert, careful manner and in accordance with the standards applicable in its sector.

  • The Broker cannot be obliged to start carrying out the work until all necessary information is in its possession and it has received any agreed (advance) payment.

Article 7: Duration agreement, broker's best efforts obligation

  • An agreement for mediation runs for a minimum of 3 months, after which the client is free to terminate this agreement in writing, unless otherwise agreed in writing. Provided that the client cancels during the trial period, cancellation costs of € 250.00 incl. VAT are due in connection with the advertising costs incurred.

  • The Broker will make every effort to the best of its ability and knowledge to achieve the result desired or intended by the Client. This is at all times an obligation of best efforts on the part of the Broker and not an obligation of result. If the aforementioned result is not forthcoming, this does not release the Client from its obligations towards the Broker, with the exception of any obligations that are expressly linked by the parties to achieving the intended result.

Article 8: Termination and cancellation of the brokerage agreement

  • Unless agreed otherwise and without prejudice to the other provisions of these general brokerage conditions, the brokerage agreement will end, among other things, through: a. fulfillment of the agreement by the Broker; b. cancellation by the Client; c. cancellation by broker.

  • The agreement is fulfilled once the intended result has been achieved.

  • The Client and the Broker are authorized to terminate this agreement at any time.

  • The parties cannot derive any right to compensation from the termination of the agreement.

Article 9: Complaints and complaints

  • The Client is obliged to check these documents immediately upon receipt of documents, such as the (draft) rental agreement from the Broker. Any imperfections must be reported to the Broker in writing within 2 working days after receipt of the documents.

  • Other complaints – including complaints regarding the work performed or the services provided – must be reported by the Client to the Broker by registered letter no later than 2 months after discovery or after the Client should reasonably have discovered them, failing which the Client will no longer be able to appeal. can do on any defects in the performance of the Broker.


Article 10: Liability

  • If the Broker mediates in the establishment of a rental agreement between the landlord and the tenant, the Broker is never a party to the rental agreement and is not liable for the content and performance of the rental agreement by the parties thereto. The Broker is under no circumstances liable for damage suffered by the Client that is the result of a situation in which the rental price and/or the agreed service (costs) and/or the additional one-off or non-recurring fees is/are not in accordance with the law.

  • Broker performs its duties as may be expected from a company in its industry, but does not accept any liability for damage, including consequential damage, trading loss, loss of profit and/or stagnation damage, which is the result of acts or omissions of Broker, its personnel or third parties engaged by it.

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

  • The Broker is not liable for the consequences of any damage and/or defects to the property that are present upon acceptance by the tenant of the property and/or the departure of the tenant from the property. It is up to the client to check the property for any damage and/or defects and, if necessary, to hold the tenant accountable.


Article 11: Confidentiality

  • The Broker will treat all information made available to the Broker by the Client in the context of this assignment confidentially, insofar as this can reasonably be required of the Broker.

  • The Client is prohibited from passing on information that it receives from the Broker in connection with this assignment to third parties, under penalty of compensation for all damage that will arise for the Broker as a result.


Article 12: Competent court, applicable law

  • Only Dutch law applies to the agreement concluded between the Broker and the Client. Disputes arising from this agreement will also be settled under Dutch law.

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