General Terms and Conditions Services

Article 1: Applicability, definitions 1. These General Terms and Conditions of Service, hereinafter referred to as 'AVD', apply to all agreements that What's Next BV, hereinafter referred to as 'Estate Agent', enters into with its Clients, home seeker, natural or legal person , who is looking for one or more objects. 2. Mediation is understood to mean: the best efforts obligation of the Estate Agent aimed at establishing a rental agreement, purchase agreement and or management agreement for a living space between the Client and his other party, as referred to in Article 7: 425, against payment of a fee by the Client. BW. 3. Brokerage costs are understood to mean the consideration payable by the Client to the broker for his mediation work. 4. Provisions that deviate from this GTC are only part of the agreement concluded between the parties if and insofar as the parties have expressly agreed 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. For whatever reason not (part of) a provision of these General Terms and Conditions of Service does not apply to the applicability of the other provisions. 7. If What's Next BV does not require compliance by the other party within a reasonable speed, this does not affect the right to fulfill What's Next BV. 8. The other party cannot rely on the fact that the general terms and conditions have not been made available if What's Next BV has previously made these general terms and conditions available to the other party in another transaction. 9. What's Next BV reserves the right to change the terms and conditions of What's Next BV in the event of changed regulations. Article 2: Conclusion of the agreement, assignments 1. The parties will not do and / or omit anything that hinders or may impede the proper execution of this agreement. The Client will cooperate in all respects for the proper execution of the agreement by both parties, including by making all necessary information and documents available to the Estate Agent in a timely manner. 2. The broker will not start with the execution of the work before the Client has provided him with all necessary information and documents and the Client has made any agreed (advance) payment and / or down payment. 3. Oral agreements only bind What's Next BV after they have been confirmed in writing by What's Next BV or as soon as What's Next BV has made an application with the implementing acts with the consent of the other party. Article 3: Obligations of the Client, liability for brokerage costs 1. The activities of the Broker may, depending on the wishes of the Client and what the parties agree about this when the agreement is concluded and possibly further agree, consist of the following parts, among others : 1.1 The broker will only represent the interests of the Client in the performance of his work and not those of the (prospective) lessor / seller. 1.2 The estate agent will never mediate on behalf of both the (prospective) landlord / seller of a living space and the Client in the realization of a lease / purchase agreement for that living space. 1.3 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 includes, but is 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 insofar as this is useful and necessary for the fulfillment of the assignment. 1.4 After the Client has notified the Estate Agent that it wishes to rent / rent or buy a residential space proposed by the Estate Agent with the request to the Estate Agent to inform the lessor / seller of this and to mediate in the conclusion of a lease / purchase agreement with the lessor / seller. , the Estate Agent will confirm this notification to the Client by e-mail. The client has the right to withdraw his notification as referred to above by communicating this to the Estate Agent by e-mail within 24 hours after sending this e-mail message. This right expires after this 24-hour period. The client does not have this right if he has made his notification as referred to above in writing or by email to the Estate Agent. Fee for the services of the Estate Agent 2. If a lease / purchase agreement for housing between the Client and a landlord / seller results from the services of the Estate Agent, the Client owes the Estate Agent a fee (brokerage fee). This fee is laid down in the agreement between the parties (assignment for services). This fee is payable by the Client to the Estate Agent when the rental / purchase agreement is concluded. 3. The compensation is deemed to be a reasonable compensation for the activities that the Broker performs for the Client in the performance of the agreement. The parties take into account that the fee due is a customary rate in the market that is not linked to the scope of the work to be performed by the Broker, but to a result to be achieved. 4. If the Client and / or his relations appear to live in a living space, of which the Client has obtained the information from the Estate Agent, the Client will owe the agreed fee to the Estate Agent, regardless of whether the rental / purchase agreement has been concluded through the agency. 5. If, for whatever reason, the Client does not live in the accommodation for which a lease / purchase agreement has been concluded by the broker through the broker, or if the lease / purchase agreement for this accommodation is terminated, destroyed or dissolved, the Client will remain obliged to pay the agreed fee and the Client is not entitled to a full or partial refund thereof. Article 4: Best efforts obligation broker 1. An agreement for mediation runs indefinitely, unless agreed otherwise in writing. 2. The broker will make every effort to the best of his ability to achieve the desired or desired result. This is at all times an effort obligation of the Broker and not a result obligation. If the result is not forthcoming, this does not release the Client from its obligations to the Estate Agent, with the exception of any obligations that are expressly linked by the parties to the achievement of the intended result. Article 5: Termination and cancellation of the agreement 1. Unless otherwise agreed and without prejudice to the other provisions of these general mediation conditions, the mediation agreement ends, inter alia, by: a. Fulfillment of the agreement by the Broker; b. cancellation by the Client; c. cancellation by the Broker. 2. The agreement is fulfilled once the intended result has been achieved. 3. Client and Broker are authorized to terminate this agreement at any time. 4. Parties cannot derive any right to compensation from the termination of the agreement by giving notice. Article 6: Obligation to complain and loss of rights 1. The client is obliged immediately upon receipt of documents, such as the (draft) lease / purchase agreement from the Estate Agent. to check these documents. Any imperfections must be reported to the Estate Agent in writing within 2 working days of receipt of the documents. 2. Complaints regarding the work performed and / or services rendered by the Estate Agent - must be reported by the Client to the Estate Agent by registered letter no later than 2 months after discovery or after the Client should reasonably have discovered them, failing which the Client cannot appeal can do more on any defects in the performance of the Broker. Article 7: Liability 1. The broker is not liable for damage that the Client suffers as a result of acts or omissions on the part of the other party in the rental / purchase agreement to be concluded or concluded through the broker's brokerage. 2. Limitation of the liability of the Broker for damage of the Client in this AVD does not apply if and insofar as the damage is due to intent and / or deliberate recklessness of the Broker. Article 8: Payment 1. Unless otherwise agreed or stipulated in these conditions, the Client must pay all that it owes to the Estate Agent within 14 days of the invoice date. This period is a strict deadline. 2. All that the Client owes to the Estate Agent will be paid in time by the Client without any recourse to discount, suspension, set-off, dissolution or cancellation. 3. In the event of late payment of all that the Client owes to the Broker: a. The Client owes the Broker default interest of 1% per month, to be calculated cumulatively on the principal sum. Parts of a month are considered a full month; b. The Client will owe 15% of the principal sum and the interest for late payment, with a minimum of € 40.00, after being urged to do so by the Estate Agent. 4. The Estate Agent is entitled to dissolve the agreement in whole or in part and to claim compensation for its damage in the event of non-performance by the Client of any obligation under the agreement, without further notice of default or judicial intervention. 5. If the Client has not fulfilled his payment obligations in time, the Estate Agent is entitled to suspend the fulfillment of his obligations until payment has been made. The same applies if the Estate Agent already has a reasonable suspicion before the commencement of default that the Client will not meet its payment obligations. The risk for the consequences of suspension by the Broker is for the account of the Client. 6. Payments made by the Client will always serve to pay successively the interest owed, the costs owed and the longest outstanding invoices. Article 9: Competent court, applicable law 1. The agreement concluded between the Broker and the Client is exclusively governed by Dutch law. 2. Any disputes will be settled by the competent Dutch court, although the Estate Agent, insofar as the law does not compel against this by law, has the authority to bring a case before the competent court in the place where the Estate Agent is established. . These general terms and conditions of service were last modified on: 01-01-2020.
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