Terms & Conditions - I.E. Real Estate Amsterdam

SEARCH REQUEST GENERAL TERMS & CONDITIONS / MEDIATION AGREEMENT

Submitting a search request is completely non-binding at I.E. Real Estate and has many benefits. Apart from the properties we present on our website, we will also search for third-party properties for you. You only pay mediation fees once we have actually found suitable accommodation for you and you have received a contract signed by the landlord. If your search request is successful and leads to tenancy, the costs are equal to 1 month’s (gross) rent + 21% VAT. You may view as many properties as you like.

I.E. Real Estate, domiciled in Amsterdam, registered in the Trade Register of the Netherlands Chamber of Commerce under 84157267 (hereinafter referred to as ‘Mediator’) and you (hereinafter referred to as ‘Client’)

Considering the following:

– That Client is looking for living accommodation.

– That Mediator mediates in the establishment of tenancy agreements between tenants and landlords of residential accommodation, thereby mediating exclusively on behalf of tenants and not on behalf of landlords and therefore exclusively representing the interests of tenants and not those of landlords;

– That Client wishes to instruct the Mediator, against payment of a mediation fee, to act as an intermediary in bringing about a tenancy agreement for residential accommodation between Client as tenant on the one hand and the lessor of the residential accommodation in question on the other hand; Have agreed as follows:

Article 1 – Request for mediation

Client instructs Mediator to endeavour, for a fee as intermediary, to establish with a third party a rental agreement for living accommodation suitable for Client.

Article 2 – Content of the request, activities and methodology of Mediator

Depending on the wishes of Client and what the parties further agree on in the execution of this agreement, the work of Mediator’s activities may comprise several components. After the conclusion of the rental agreement for the accommodation in question, Client shall pay the mediation fee and thereby demonstrate that Mediator’s requested assignment has been fulfilled.
When carrying out the activities as mentioned in Article 2 paragraph 1, Mediator shall exclusively represent the interests of Client and not those of the (potential) landlord.
Client and Mediator do not intend that Mediator is or will be authorised by Client to perform any legal acts in Client’s name or that Mediator carry out legal acts on behalf of Client by virtue of a mandate.
Client shall, at Client’s own initiative, provide Mediator with all information, data and documents necessary to carry out the request and Client guarantees the accuracy of aforementioned details. Such information and documents include, but are not limited to, valid proof of identity, valid proof of residency in the Netherlands, recent salary statement(s), recent bank statements (showing salary payments), employer’s statement and the like.

Article 3 – Remuneration for the services of Mediator (mediation fee); no cure, no pay.

If a residential rental agreement between Client and a landlord ensues from the services provided by Mediator, Client shall owe a fee, hereinafter referred to as ‘mediation fee’, to Mediator.
This mediation fee is equal to one month’s gross rent, plus 21% VAT, and is payable by Client by way of down payment upon acceptance of the property by Client (upon signing the ‘statement of work carried out’). Payment becomes final once a rental agreement is established. If no rental agreement for the accommodation in question is concluded after the down payment, Mediator shall refund the amount of the down payment to Client.
The mediation fee shall be deemed to be reasonable compensation for the work carried out by Mediator for Client in execution of this agreement. The Parties shall take into account that, regardless of the work carried out by the Mediator in the execution of this Agreement, no mediation fee shall be payable by Client as long as no Rental Agreement has been concluded and that the mediation fee payable is a fair market rate that is linked to a result to be achieved (no cure, no pay), and not to the scope of the work to be carried out by Mediator.
Client agrees to pay the first month’s rent, the security deposit and the mediation fee to Mediator and not to occupy the accommodation until Client has made these payments.

General Mediation Terms & Conditions Tenant

This agreement is subject to the Mediation General Terms & Conditions of the search request:

Article 1: Applicability, definitions

These terms and conditions apply to all offers and to all mediation agreements that I.E. Real Estate (hereinafter referred to as ‘Mediator’) concludes with its clients in their capacity as prospective tenant (hereinafter referred to as ‘Client’).
Mediation is understood to mean: the obligation of Mediator to do the utmost to put Client in contact with potential landlord(s) in return for payment of a mediation fee, so that Client concludes a tenancy agreement with a landlord of living space, including supervision by Mediator during viewings of one or more living space(s) as referred to in Section 7:425 of the Dutch Civil Code.
Mediation fee relates to compensation payable by Client to Mediator for mediation services.
If in the following a provision specifically refers to the situation where Client is a natural person not acting in the practise of a profession or business, they shall be referred to as ‘Consumer’.
Provisions deviating from these general mediation terms and conditions shall only form part of the agreement concluded between the parties if and insofar as the parties have expressly agreed to this in writing.
In these general mediation terms and conditions, ‘in writing’ also means by e-mail, by fax or by any other means of communication which, in view of the state of the art and generally accepted views, can be equated with this.
The written advice, documents, (valuation) reports, surveys, etc. to be produced by Mediator or provided by Client will be referred to in the following as ‘Documentation’. ‘Documentation’ means written documents and works recorded on other media, such as computer disks, USB sticks or any other data carriers. All this applies, unless the parties have expressly agreed otherwise in writing.
If Client consists of two or more (legal) persons, they will be jointly and severally liable towards Mediator for the fulfilment of all obligations towards Mediator.
If and to the extent that any provision of the mediation terms and conditions is declared null and void or is annulled, the remaining provisions of the mediation conditions will remain in full force and effect. Mediator shall then adopt a new provision to replace any provision declared null and void, taking into account insofar as possible the force of the provision declared null and void.
Once these mediation terms and conditions have applied to a legal relationship between Mediator and Client, Client is deemed to have agreed in advance to the applicability of the mediation terms and conditions subsequently concluded and yet to be concluded agreements, unless the mediation conditions have been amended in the interim.

Article 2: Change of conditions

Mediator has the right to amend these terms and conditions at any time.
Mediator shall announce any amendments or additions in writing or by e-mail at least thirty (30) days before they take effect, so that Client can take note of them.

Article 3: Agreement

The Agreement between Mediator and Client is established after Client has placed a housing search request via Mediator’s website and this has been accepted by Mediator.
Acceptance takes place through confirmation from Mediator via e-mail.
Acceptance will take place only after receipt of all details mentioned under Article 4 and these are assessed and approved by Mediator.
Mediator is entitled to refuse an application without providing any reason.

Article 4: Details

The home seeker provides the following details to Mediator by email, in person or by post:
1. Copy of identity document, visa or residence permit (if applicable);
2. Copy of income records for the past 3 months;
In the case of students, a guarantee from a parent or guardian may be requested; Based on the above-mentioned details, Mediator
shall assess whether Client is eligible and for which residences.
If Client awards I.E. Real Estate the search request, Client expressly agrees to the terms and conditions described in this document. Should Client not agree to this, for whatever reason, I.E. Real Estate may refuse to process the search request.
Client authorises I.E. Real Estate to verify the data provided by him/her or to carry out a creditworthiness check. If a rental agreement is concluded, these details will be provided to the landlord. I.E. Real Estate reserves the right to reject your application without providing any reason. No correspondence can be entered into in this regard.

Article 5: Obligations of Client, liability to pay mediation fee

Client shall cooperate in all respects with the proper execution of the mediation agreement by both parties. Client shall not do anything and/or omit anything that hinders or may hinder the proper execution of this agreement.
Once Client and/or his relations end up living in a residential property, the details of which Client has obtained from Mediator, Client shall owe the mediation fee to Mediator, regardless of whether the rental agreement has been concluded through mediation by Mediator.
If Client qualifies for residential accommodation for which a permit is required, obtaining this permit shall be at the expense and risk of Client and Client shall be obliged to pay the mediation fee regardless of whether the permit has been or will be granted, unless the parties have agreed otherwise.
If Client has sent Mediator a signed reservation statement, then in the event of cancellation by Client, Client shall still pay the mediation fee, as well as the loss incurred by the lessor as a result of the cancellation, such as loss of rent.
No rights to allocation may be derived from signing or sending the form digitally.

Article 6: Privacy

In order to perform the mediation agreement, Mediator needs to collect personal data. Mediator shall ensure that the collection of personal data complies with the Personal Data Protection Act. All data provided will be treated as strictly confidential.
Personal data will never be provided to third parties unless this is necessary for the performance of the agreement, or Mediator is required to do so by law or after explicit consent has been given for the one-time provision of personal data.

Article 7: Terms

Specified periods within which the work has to be carried out by Mediator or the documents and/or services have to be delivered, shall never be regarded as strict deadlines, unless the parties have expressly agreed otherwise in writing. If Mediator fails to fulfil Mediator’s obligations under the agreement or fails to do so on time, written notice of default shall be submitted to Mediator.
With regard to the fulfilment of Client’s financial obligations, Mediator is authorised to require advance payment or security from Client before commencing or at least continuing the work to be carried out.

Article 8: Progress and implementation of agreement

Mediator is obliged to execute the agreement competently, carefully and in accordance with the standards applicable in the sector for this purpose.
Mediator cannot be obliged to start carrying out the work until all the information necessary for this is in Mediator’s possession and Mediator has received any agreed (advance) payment.

Article 9: Duration of agreement, Mediator’s obligation to use best efforts

A mediation agreement runs for an indefinite period of time, unless otherwise agreed in writing.
Mediator will make every effort to the best of Mediator’s ability and knowledge to achieve the result desired or intended by Client. This is at all times an obligation of effort by Mediator and not an obligation to provide a result.

Article 10: End and termination of the mediation agreement

Unless otherwise agreed and without prejudice to the other provisions of these Mediation Services General Terms & Conditions, the Agreement for Mediation Services shall end, inter alia, by: a. fulfilment of the agreement by Mediator; b. termination by Client; c. termination by Mediator.
The agreement is fulfilled once the intended result is achieved.
Client and Mediator are authorised to terminate this agreement in writing at any time subject to one month’s notice.

Article 11: Claims and complaints

Client is obliged to check documentation, such as the (draft) Rental Agreement from Mediator, immediately upon taking receipt. Any irregularities should be reported in writing to Mediator no later than 2 working days after receipt of the documentation.
Other complaints – including complaints relating to the work carried out or services provided – shall be reported to Mediator by registered mail no later than within 2 months of discovery or after Client should reasonably have discovered them, failing which Client shall no longer be able to invoke any shortcomings in Mediator’s performance.

Article 12: Liability

If Mediator mediates in the establishment of a rental agreement between landlord and tenant, Mediator is never a party to the rental agreement and is not liable for the content and execution of the rental agreement. Mediator shall under no circumstances be liable for losses to Client resulting from the situation that the rental price and/or the agreed service (costs) and/or the additional fees, one-off or otherwise, do not comply with the relevant laws.
When a rental agreement is concluded, Client shall sign a rental contract in accordance with the model customary with the landlord. You may always request any changes. Mediator shall of course make your wishes known to the relevant landlord and try to convince the landlord to go along with this.
Mediator discharges its duties as may be expected of a company in Mediator’s line of business, but accepts no liability whatsoever for loss or damage, including consequential loss, trading loss, loss of profit and/or stagnation loss, resulting from acts or omissions of Mediator, Mediator’s personnel or third parties engaged by Mediator.
Mediator shall not be liable for any loss suffered by Client as a result of acts or omissions thereof by the other party to the rental agreement established through Mediator’s mediation.
The limitations of liability set out in this article do not apply if the damage is due to wilful intent and/or conscious recklessness on the part of Mediator.
Without prejudice to the provisions of the other provisions of this article, liability shall at all times be limited to the amount of the payment to be made by Mediator’s insurer in the relevant case, insofar as Mediator is insured for this.
If Mediator is not insured as referred to in the previous paragraph, the liability of Mediator shall at all times be limited to twice the amount of the commission charged and/or to be charged by Mediator to Client for Mediator’s work and/or services.
Mediator is not liable for the consequences of any damage and/or defects to the property present at the time of acceptance of the property by Client. It is Client’s responsibility to check the property for any damage and/or defects and, if necessary, to hold the landlord accountable.
If Client has not brought before the court any claim against Mediator within 1 year after the discovery/creation of the loss, such legal claim shall lapse after the expiry of that year.

Article 13: Payment (advance payment)

Unless otherwise agreed, Client shall pay all that it owes to Mediator within 8 days of the invoice date, but no later than the commencement date of the rental agreement. This timeline shall be regarded as a deadline.
In case of late payment:

a. Client shall owe Mediator default interest in the amount of 2% per month cumulatively to be calculated on the principal sum. Parts of a month are considered full months;

b. after being given formal notice to do so by Mediator, Client shall owe in respect of extrajudicial costs a minimum of 15% of the sum of the principal sum and the default interest with a minimum of €40.00;
All that Client owes to Mediator shall be paid by Client in good time without any recourse to discount, deferment, offset or cancellation.
At the discretion of Mediator, in the foregoing or similar circumstances, the agreement may, without further notice of default or judicial intervention, be dissolved in whole or in part, whether or not combined with a claim for damages.
If Client has not fulfilled Client’s payment obligations in good time, Mediator shall be entitled to suspend the fulfilment of the obligations entered into vis-à-vis Client to deliver or to carry out work until payment has been made or proper security has been provided for this. The same applies even before the moment of default if Mediator has reasonable suspicion that there are reasons to doubt the creditworthiness of Client.
Payments made by Client shall always serve to settle all interest and costs due and subsequently to settle due and payable invoices that have been outstanding the longest, unless Client explicitly states in writing at the time of payment that the payment relates to a later invoice.
Client agrees to the €25 administrative fee that shall be paid when Client registers through I.E. Real Estate’s website for the search request / mediation services. This fee shall not be refunded and is separate from the mediation service. This is merely a registration fee and serves as compensation for Mediator’s administrative efforts.

Article 14: Bankruptcy, power of disposal, etc.

Without prejudice to the provisions of the other articles of these conditions, the agreement concluded between Client and Mediator shall be dissolved without judicial intervention and without any notice of default being required, at the time when Client:
A. is declared bankrupt;

B. applies for (provisional) suspension of payments;

C. is affected by foreclosure;

D. is placed under guardianship or administration;

E. otherwise loses the power of disposal or legal capacity with respect to Client’s assets or parts thereof.
The provisions of subsection 1 of this article shall apply unless the receiver or the administrator recognises the obligations arising from the agreement as a debt of the estate.

Article 15: Competent court, applicable law

The agreement concluded between Mediator and Client is exclusively governed by Dutch law. Disputes arising from this agreement shall also be settled under Dutch law.
Any disputes shall be settled by the competent Dutch court, albeit that Mediator is authorised, insofar as the law does not preclude it, to bring a case before the competent court in the place where Mediator is established.