Terms and Conditions

Article 1 Applicability

These Mediation Conditions apply to all offers and to all mediation assignments, as well as the resulting additional mediation agreement(s) and agreements between PCW Housing and the home seeker, hereinafter referred to as ‘Client’.

Article 2 Definitions

2.1. PCW Housing: A housing brokerage agency registered with the Amsterdam Chamber of Commerce under number: 83751300 to be referred to under web address: https:// PCW Housing.nl, hereinafter referred to as ‘Estate Agent’.

2.2. Home seeker: Any natural or legal person who instructs the Estate Agent to mediate in the search for housing that does not belong to the Estate Agent’s portfolio.

2.3 Mediation is understood to mean: the best efforts obligation of the Estate Agent aimed at bringing the Client into contact with potential landlord(s) against payment of a brokerage fee (brokerage fee), so that the Client concludes a rental agreement with a landlord of a residential space, including the assistance provided by the Estate Agent during viewing(s) of one or more living space(s) as referred to in Section 7:425 of the Dutch Civil Code.

2.4 Brokerage fee or brokerage is understood to mean the consideration owed by the Client to the Estate Agent for its mediation work.

2.5 Provisions that deviate from these general brokerage conditions only form part of the agreement concluded between the parties if and insofar as the parties have expressly agreed so in writing.

2.6 In these general terms and conditions of mediation, ‘in writing’ is also understood to mean: by email, by fax or by any other means of communication that can be equated with this in view of the state of the art and the prevailing views in society.

2.7 The written advice, documents, (valuation) reports, investigations, etc. to be produced by the Estate Agent or provided by the Client will hereinafter be referred to as ‘the documents’. ‘The documents’ are understood to mean written documents and works recorded on other media, such as on computer disks, on USB sticks or any other data carriers. All this unless the parties have expressly agreed otherwise in writing.

2.8 The Estate Agent reserves the right to change the Estate Agent’s general brokerage conditions in the event of amended regulations.

2.9 The inapplicability of a (part of a) provision of these general brokerage conditions for whatever reason does not affect the applicability of the other provisions.

Article 3 Agreements, assignments

3.1 Oral agreements are only binding for the Estate Agent after these have been confirmed in writing by the Estate Agent or as soon as the Estate Agent has commenced the implementation acts with the consent of the Client.

3.2 Additions or changes to the general brokerage conditions or other changes or additions to the agreement only become binding after written confirmation by the Estate Agent.

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

4.2 The Client shall in all respects lend its cooperation to the proper execution of the brokerage agreement by both parties. The Client will not do and/or omit anything that hinders or may hinder a proper execution of this agreement.

4.3 If the Client and/or its relations appear to be going to live in a residential space, of which the Client has obtained the data from the Estate Agent, the Client owes the brokerage commission, regardless of whether the lease was concluded through the Estate Agent’s mediation.

4.4 If, for whatever reason, the Client does not live in the house for which a rental agreement has been concluded through the intermediary of the Estate Agent, or if the rental agreement for this house is terminated, annulled or dissolved, the Client remains obliged to pay the commission and The Client is not entitled to a full or partial refund thereof.

4.5 If the Client no longer wishes to rent the accommodation for reasons that are not attributable to the Estate Agent, after agreeing to rent a living space, the Client is obliged to pay the Estate Agent an amount equal to the brokerage fee that The Client would have owed the Estate Agent if a definitive rental agreement had been concluded with the relevant landlord. In addition, the Client is obliged to indemnify the Estate Agent for any damage suffered by the relevant lessor.

4.6 If the obligations referred to in this article are not fulfilled in time, the Estate Agent is entitled to suspend the execution of the agreement until the Client has fulfilled these obligations. The costs in connection with the incurred delay or the costs for performing additional work or the other consequences arising from this are for the account and risk of the Client.

Article 5 Personal data
The Client’s personal data will be included in the Estate Agent’s administration. The Estate Agent will not provide any information to third parties without the Client’s permission. The registered data will only be used by the Estate Agent for the execution of the agreements it has concluded with the Client.

Article 6 Progress, execution of order/agreement

6.1 The Estate Agent is obliged to perform the assignment/agreement in an expert, careful manner and in accordance with the standards applicable in its sector.

6.2 The Estate Agent cannot be obliged to commence the performance of the work until all necessary information is in its possession.

Article 7 Duration of the agreement, broker’s best efforts obligation

7.1 An agreement for mediation is for an indefinite period, unless otherwise agreed in writing.

7.2 The Estate Agent 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 a best efforts obligation of the Estate Agent and not an obligation of result. If the result is not forthcoming, this does not release the Client from its obligations towards the Estate Agent, with the exception of any obligations that are expressly linked by the parties to achieving the intended result.

Article 8 End and cancellation of the mediation agreement

8.1 Unless otherwise agreed and without prejudice to the other provisions of these general brokerage conditions, the brokerage agreement ends, among other things:

• a. fulfillment of the agreement by the Estate Agent;

• b. cancellation by the Client;

• c. cancellation by broker.

8.2 The agreement is fulfilled as soon as the intended result has been achieved.

8.3 The Client and the Estate Agent are authorized to terminate this agreement at any time.

8.4 Parties cannot derive any right to compensation from the termination of the agreement by giving notice, unless termination is due to the failure of the other party to fulfill one or more obligations.

Article 9 Brokerage commission

9.1 The home seeker instructs the broker to search for a living space that largely or completely meets the specified selection preferences. The Estate Agent works in accordance with the ‘No Cure No Pay’ principle. After suitable accommodation has been found for the home seeker, the home seeker owes the Estate Agent a brokerage fee (equivalent to one month’s rent, including VAT) if the Estate Agent concludes a rental agreement through its mediation. These agency fees must be paid before the keys of the rented property are handed over.

9.2 If the amount due is not paid within the payment term, a reminder will be sent. If the claim is not settled no later than 7 days after the first reminder, a second reminder will be sent. With the second reminder, the home seeker owes contractual interest equal to the statutory interest on the invoice amount. If the claim is not settled no later than 7 days after the second reminder, the home seeker will owe the Estate Agent extrajudicial collection costs of 15% of the invoice amount, with a minimum of €250. If no payment has yet been received, the home seeker is liable for the costs incurred by the Estate Agent to collect its claim.

9.3 The home seeker owes the broker the full commission if it turns out that the home seeker has subsequently accepted the accommodation, without the broker’s knowledge, that was previously offered by the broker to the home seeker and he refused.

9.4 If the home seeker instructs the Estate Agent to mediate in finding a home, the home seeker is obliged to conclude a rental agreement with a home provider through the Estate Agent’s mediation. If the rental agreement is concluded in another way, the home seeker will owe the Estate Agent a fine of one month’s rent including VAT.

9.5 The home seeker must meet the following requirements before the accommodation is made available to him:

• – the rental agreement must be signed by all parties;

• – the home seeker has paid the rent and deposit due;

• – the home seeker has paid the brokerage commission.

9.6 The parties cannot derive any right to compensation from the termination of the agreement by giving notice, unless termination is due to the failure of the other party to fulfill one or more obligations.

Article 10 Liability

10.1 If the Estate Agent mediates in the conclusion of a lease between the landlord and the tenant, the Estate Agent is never a party to the lease and is not liable for the content and implementation of the lease. The Estate Agent is in no way liable for the damage suffered by the Client as a result of the situation that the rent and/or the agreed service (costs) and/or the additional, non-recurring or non-recurring fees are not in accordance with the law.

10.2 The Estate Agent 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 the Estate Agent, its personnel or third parties engaged by it.

10.3 The Estate Agent 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 Estate Agent’s mediation.

10.4 The limitations of liability included in this article do not apply if the damage is due to intent and/or willful recklessness on the part of the Estate Agent.

10.5 Without prejudice to the provisions of the other paragraphs of this article, the liability is at all times limited to the amount of the payment to be made by the Estate Agent’s insurer where appropriate, insofar as the Estate Agent is insured for this.

10.6 If the Estate Agent is not insured as referred to in the previous paragraph, the Estate Agent’s liability is at all times limited to twice the amount of the brokerage charged and/or to be charged by the Estate Agent to the Client for its work and/or services.

10.7 The Estate Agent is not liable for the consequences of any damage and/or defects to the home that is present when the client accepts the home. It is up to the client to inspect the property for any damage and/or defects and, if necessary, to hold the landlord accountable.

Article 11 Competent court, applicable law

11.1 The agreement concluded between the Estate Agent and the Client is exclusively governed by Dutch law. Disputes arising from this agreement will also be settled under Dutch law.

11.2 Any disputes will be settled by the competent Dutch court, albeit that the Estate Agent, insofar as the law does not necessarily oppose this, is entitled to bring a case before the competent court in the place where the Estate Agent is established.

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