Article 1: Applicability, definitions

1. These General Terms and Conditions of Service, hereinafter referred to as 'AVD', apply to all agreements that Aaiman Home Rentals, hereinafter referred to as 'Estate Agent', concludes with its Clients.

2. Mediation is understood to mean: the best efforts obligation of the Estate Agent aimed at establishing a rental agreement for a living space between the Client and its counterparty, against payment of a fee by the Client, as referred to in Article 7:425 of the Dutch Civil Code. The Estate Agent will never accept an assignment from the Client's counterparty to mediate for the same living space. An assignment for mediation does not form part of a search as referred to in Article 3, paragraph 1 of this AVD (leasing) and Article 4, paragraph 1 of this AVD (rental). A search query and a mediation assignment can be combined.

3. If the Client is the party that wishes to rent this living space and has given the Estate Agent an assignment to mediate for this purpose, the other party is understood to mean the (prospective) lessor of the relevant accommodation. If the Client is the party that wishes to rent out this living space and has given the Estate Agent an assignment to mediate for this purpose, the other party is understood to mean the (prospective) tenant of the relevant accommodation.

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

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

6. The inapplicability of a (part of a) provision of these General Terms and Conditions of Service 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 will not do and/or fail to do anything that hinders or may hinder a proper execution of this agreement. The Client will cooperate in all respects in the proper execution of the agreement by both parties, including by making all necessary data and documents available to the Estate Agent in a timely manner.

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

Article 3: If the Client is looking for a home (rental)

Content of the assignment. Work and working method of Broker

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

2. Depending on the wishes of the Client and what the parties agree on at the conclusion of the agreement and any further agreement thereafter, the activities of the Estate Agent may consist of, among other things, the following components:

Search query:

* providing general information about, among other things, the possibilities of finding a place to live, the local housing market, the housing permit, rent allowance, rent protection, rent prices, registration in the municipal database;

* making an inventory of the Client's housing wishes/search profile;

* the search for suitable accommodation for the Client based on the housing requirements/search profile of the Client;

* organizing one or more viewings by the Client of and providing information about one or more home(s);

* evaluation of viewings with the Client.

Assignment for mediation:

* compiling a complete file about the Client and, on the basis of this, nominating the Client as a candidate tenant with potential landlord(s) and making every effort to ensure that the relevant accommodation is awarded to the Client;

* conducting negotiations on behalf of the Client with potential landlord(s) about the content of the lease;

* establishing a written lease and taking care of the signing of the lease by both parties;

* providing information about and an explanation of the lease.

Other activities:

* ensuring that the first payment to the lessor is made on time;

* organizing the delivery of the living space;

* drawing up a proper inspection report (with photos) in triplicate (including recording of the meter readings, checking keys, checking inventory, inventory of defects);

* ensuring that the landlord fulfills his obligations at the start of the lease;

* providing support with: maintenance contracts, relocation, transport/purchase of inventory, searching for workmen in connection with the painting, wallpapering and laying the floor, et cetera;

* providing support with: a telephone and internet connection and/or a connection to utilities;

* acting as a first-line source of information for the Client during the lease.

3. The Estate Agent will only represent the interests of the Client in the performance of its activities and not those of the (prospective) lessor.

4. The Estate Agent will never mediate on behalf of both the (prospective) lessor of a living space and the Client in the conclusion of a rental agreement for that living space.

5. The Client will provide the Estate Agent on its own initiative with all information, data and documents that are necessary for the execution of the assignment and the Client guarantees the correctness thereof. This information and documents include, but are not limited to: valid proof of identity, valid proof of residence in the Netherlands, recent salary slip(s), employment contract, recent bank statements (showing salary payments), employer's statements and the like. The Client has the right to share this information, data and documents with third parties insofar as this is useful and necessary for the fulfillment of the assignment.

6. After the Client has notified the Estate Agent that it wishes to rent a living space provided by the Estate Agent with the request to the Estate Agent to notify the lessor and to mediate in the conclusion of a rental agreement with the lessor, the Estate Agent will send this notification by e-mail. confirm to the Client. The Client has the right to withdraw its notification as referred to above by notifying the Estate Agent by e-mail within 24 hours after the sending of this e-mail message. This right expires after this 24-hour period. The Client does not have this right if it has made its notification as referred to above in writing or by e-mail to the Estate Agent or has confirmed it in writing in a letter of intent signed by the Client.

Compensation for the services of Makelaar

7. If the services of the Estate Agent result in a rental agreement for living space between the Client and a landlord, the Client owes the Estate Agent a fee (brokerage fee). This fee is laid down in the agreement between the parties (service order). This fee is owed by the Client to the Estate Agent when the rental agreement is concluded.

8. The fee is deemed to be a reasonable fee for the work that the Estate Agent performs for the Client in the performance of the agreement. The parties take into account that the fee owed is a rate customary in the market that is not linked to the scope of the work to be performed by the Estate Agent, but to a result to be achieved.

9. The Estate Agent has the right to ensure that the Client can only occupy the living space after the fee has been paid to the Estate Agent.

10. 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 agreed fee to the Estate Agent, regardless of whether the lease was concluded through the Estate Agent.

11. If, for whatever reason, the Client does not live in the accommodation for which a rental agreement has been concluded through the brokerage by the Estate Agent, or if the rental agreement for this accommodation is terminated, annulled or dissolved, the Client remains obliged to pay the agreed fee. and the Client is not entitled to a full or partial refund thereof.

12. If the Client, after having made the notification or written confirmation as referred to in Article 3 paragraph 6 of these GTC to the Estate Agent and after any right to withdraw that notification has lapsed, withdraws its notification or otherwise If the rental agreement frustrates the Client, the Client is obliged to compensate the Estate Agent for the damage it has suffered. The aforementioned damage will in any case consist of an amount equal to the agreed compensation that the Client would owe if a definitive rental agreement were concluded for the living space. 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 rent of the initial rental offer of the prospective lessor. . In addition, the Client is obliged to indemnify the Estate Agent against any damage suffered by the prospective lessor concerned.

13. Immediately after the Client and a prospective lessor have reached an agreement through the intermediary of the Estate Agent on a rental agreement for a living space, the Estate Agent will prepare a rental confirmation form for the core provisions of the rental agreements before drawing up a rental agreement to be signed by both parties. The client is obliged to sign this rental confirmation form immediately.

Article 4: If the Client is a homeowner living space (rental)

1. 'Search request' is understood to mean the best efforts obligation of the Estate Agent aimed at finding a tenant suitable for the Client for the relevant accommodation.

2. Depending on the wishes of the Client and what the parties agree on at the conclusion of the agreement and any further agreement thereafter, the activities of the Estate Agent may consist of, among other things:

* advising on the rental of housing and market conditions;

* inspecting the living space;

* determining the rental value of the living space;

* recording the meter readings;

* taking photos of the living space;

* posting photos and information about the living space on the Makelaar website, on various living space websites, with other brokers/intermediaries and/or in other media;

* placing a rental sign;

* drafting and placing a shop window advertisement;

* pre-screening potential tenant(s);

* conducting negotiations on behalf of the Client with potential tenant(s) about the content of the lease;

* establishing a written lease and taking care of the signing of the lease by both parties;

* providing information about and an explanation of the lease;

* ensuring that the first payment is made on time by the tenant;

* organizing the delivery of the living space;

* drawing up a proper inspection report (with photos) in triplicate (including recording of the meter readings, checking keys, checking inventory, inventory of defects).

3. The Client will provide the Estate Agent on its own initiative with all information and documents that are necessary in the context of the execution of the assignment and the Client guarantees its correctness.

4. If a rental agreement for the living space results from the mediation by the Estate Agent for the Client, the Client owes the Estate Agent the fee (brokerage fee) that the parties have agreed. This commission is owed by the Client within 14 days of the invoice to be sent to him for this purpose by the Estate Agent.

5. The fee is deemed to be a reasonable fee for the work that the Estate Agent performs for the Client in the performance of the agreement. The parties take into account that the fee owed is a rate customary in the market that is not linked to the scope of the work to be performed by the Estate Agent, but to a result to be achieved.

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

7. If the Client turns out to (partly) rent out the accommodation in question or to have (partly) used it to one or more persons or parties, from whom the Client has obtained the data from the Estate Agent, the Client owes the agreed fee to the Estate Agent, regardless of whether the rental agreement was concluded through the brokerage

8. If for whatever reason the tenant, with whom the Client has concluded a rental agreement through the intermediary of the Estate Agent, does not go to live in the relevant accommodation, or if the rental agreement for this accommodation is terminated, annulled or dissolved, the Client remains obliged to pay the agreed compensation and the Client is not entitled to a full or partial refund thereof.

9. If a (housing) permit is required for the relevant living space, then obtaining this permit for the benefit of the Client and/or the tenant is at the expense and risk of the Client and the Client is 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, after negotiations with a prospective tenant have commenced, whether or not after the Client has signed a letter of intent to that effect, the Client terminates the negotiations, frustrates and/or is no longer willing to rent out the accommodation in question to the prospective tenant, The Client is obliged to compensate the Estate Agent for the damage suffered by him. The aforementioned damage will in any case consist of an amount equal to the agreed compensation that the Client would owe if a definitive rental agreement were concluded for the living space. If the amount of the agreed fee is based on the amount of the rental price to be agreed with the prospective tenant and no rental price 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 for any damage suffered by the prospective tenant concerned.

11. Immediately after the Client and a prospective tenant have reached agreement through the intermediary of the Estate Agent on a rental agreement for residential accommodation, the Estate Agent will prepare a rental confirmation form for the core provisions of the rental agreements before drawing up a rental agreement to be signed by both parties. The client is obliged to sign this rental confirmation form immediately.

12. The client declares and guarantees in all respects (including in view of possible claims of any nature whatsoever from any other entitled party(ies) with regard to the accommodation, mortgage holder(s), insurer(s), (local) authorities, competent authorities, administrator(s), other housing intermediary(s), Owners' Association and the like) are entitled to offer the accommodation for rental and to let it out and indemnify the Estate Agent against all possible claims of third parties in this regard and against all claims made by the Estate Agent in this regard to incur extrajudicial and judicial costs. The Estate Agent does not accept any liability in this regard.

13. The client declares to be fully aware that according to mandatory legislation, the tenant of living space 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. in the conclusion of leases. The Client (and not the Estate Agent) determines the duration of the rental agreement desired by the Client, the amount of the rent, the amount of the deposit, the composition of the service package, the amount of (the advance for) the service costs and/or the amount of any one-time fees. The estate agent 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 rent, the amount of the deposit, the amount of (net advance 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 that limit the possibility of temporary leases to specific cases and that, if a temporary lease is concluded brought 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. The Estate Agent does not accept any liability for damage resulting from such a right or wrong appeal to rent protection by the tenant.

Article 5: Personal data

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

Article 6: Broker's best efforts obligation

The Estate Agent will make every effort to achieve the desired or intended result 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 therefore 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 7: Termination and cancellation of the agreement

1. Unless otherwise agreed and without prejudice to the other provisions of these GTC, the agreement will be terminated by, among other things:

a. Achieving the intended result of the Estate Agent's efforts with the assignment;

b. cancellation by the Client;

c. cancellation by broker.

2. Termination of the agreement by the Client after it has made the notification as referred to in Article 3, paragraph 6 of these GTC to the Estate Agent and after any right to withdraw that notification has lapsed, the Client does not release its liability for compensation and its obligation to indemnify towards the Estate Agent as referred to in the latter provision.

3. Termination of the agreement by the Client after negotiations with a prospective tenant have commenced as referred to in Article 4 paragraph 10 of these GTC does not release the Client from its liability for compensation and obligation to indemnify the Estate Agent as referred to in the latter provision.

4. The Client and the Estate Agent are authorized to terminate this agreement at any time. The Estate Agent will terminate the agreement, among other things, if he fears that the Client will not or not properly comply with the rental agreement to be concluded, without prejudice to his claims for payment as provided for in these GTC.

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

Article 8: Complaint obligation and loss of rights

1. Complaints with regard to the work performed and/or services provided by the Estate Agent - must be reported to the Estate Agent by registered letter at the latest within 2 months after discovery or after the Client should reasonably have discovered them by the Client, failing which the Client cannot appeal can do more on any defects in the performance of the Estate Agent.

2. The Client's claims against the Estate Agent lapse after 1 year after the agreement has been terminated.

Article 9: Liability

1. The Estate Agent is not liable for damage suffered by 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 its personnel or that of third parties engaged by it, in particular not for damage suffered by the Client that is the result of the situation that the agreed rental price and/or the agreed service (costs) and/or the additional, whether or not one-off, fees are not in accordance with the law or are (can) be made through legal proceedings. increased or decreased.

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

3. Insofar as the Estate Agent is liable for damage suffered by the Client, its liability is limited to the amount of the payment to be made by the Estate Agent's insurer as the case may be, insofar as the Estate Agent is insured for this. If the Estate Agent is not insured as referred to above, the Estate Agent's liability is limited to twice the amount of the fee charged and/or to be charged by the Estate Agent to the Client for its work and/or services.

4. Limitation of the Estate Agent's liability for damage suffered by the Client in these GTC does not apply if and insofar as the damage is due to intent and/or willful recklessness on the part of the Estate Agent.

Article 10: Payment

1. Unless otherwise agreed or provided in these terms and conditions, the Client must pay all that it owes to the Estate Agent within 14 days of the invoice date. This term applies as a strict deadline.

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

3. In the event of late payment of all that which the Client owes to the Estate Agent:

a. the Client owes the Estate Agent default interest of 1% per month, to be calculated cumulatively on the principal sum. Portions of a month are considered a full month;

b. After being reminded to do so by the Estate Agent, the Client owes 15% of the principal sum and default interest with a minimum of € 40.00 in respect of extrajudicial costs.

4. In the event of non-compliance by the Client with any obligation under the agreement, the Estate Agent is authorized to dissolve the agreement in whole or in part and to claim compensation for its damage, without further notice of default or judicial intervention.

5. If the Client has not fulfilled its payment obligations in time, the Estate Agent is authorized to suspend the fulfillment of its obligations until payment has been made. The same applies if the Estate Agent already has a reasonable suspicion before the default that the Client will not fulfill its payment obligations. The risk for the consequences of suspension by the Estate Agent is for the account of the Client.

6. Payments made by the Client always serve to settle successively the interest owed, the costs owed and the due and payable invoices that have been outstanding the longest.

Article 11: Competent court, applicable law

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

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. .