House Rules Search Query- TNG Real Estate

GENERAL TERMS AND CONDITIONS HIRERS/HOUSING SEEKERS
1. Applicability

1.1 These general provisions shall apply to every enrolment, contract for services and/or mediation, as well as the additional and/or subsequent contract (s) and agreements between TNG Real Estate and the client, unless otherwise stated in these provisions.

2. Definitions

2.1 TNG Real Estate; the (legal) person who accepts the registration and/or who, pursuant to the order confirmation, accepts the order for services or mediation from the Client. Registration: the registration of a (legal) person with TNG Real Estate as a Home Seeker. The client: the (legal) person who gives TNG Real Estate the assignment to find a residential and/or office space.

Mediation: an order for the provision of services relating to the mediation by TNG Real Estate in the formation of an agreement between the Client and a third party, as referred to above. in article 7:425 of the Dutch Civil Code: these general terms and conditions of TNG Real Estate, which entered into force on 7 February 2018 and have been filed with the Chamber of Commerce under number 70835225.

3. Content of the assignment at mediation

3.1 An agreement to commission mediation is understood to mean an agreement to provide services relating to the mediation by TNG Real Estate in the formation of an agreement between the client and a third party, as referred to in article 7:425 of the Dutch Civil Code, whereby at least the specifications given by the client are met. TNG Real Estate does not constitute a party in the agreement between the client and the third party.

3.2 The fact that TNG Real Estate is registered and an agreement to commission mediation with TNG Real Estate does not constitute a guarantee for finding a (suitable) housing accommodation.

3.3 Unless the parties expressly agree otherwise in writing, the client and TNG Real Estate do not intend that TNG Real Estate will be authorised by the client, as referred to in article 3:60 of the Dutch Civil Code, to perform legal acts in its name or that TNG Real Estate will perform legal acts on behalf of the client by virtue of a mandate as referred to in article 7:414 of the Dutch Civil Code.

4. Compensation for mediation

4.1 The client will owe the full compensation for the activities of TNG Real Estate in the event that a (rental) agreement is concluded during the term of the assignment between the client and a third party that offers its object via TNG Real Estate, even if the conclusion of this agreement is not the result of the services provided by TNG Real Estate, unless explicitly agreed otherwise in the agreement of the assignment / assignment.

4.2 The client shall owe full compensation for the work if the agreement with a third party is concluded after the agreement of assignment between TNG Real Estate and the client has been terminated (by cancellation or otherwise), but the agreement with a third party is concluded as a result of the services provided by TNG Real Estate. This also applies if the client has acted in violation of article 4.1 and/or article.

4.3 Below and/or because the client has conducted negotiations with third parties outside TNG Real Estate during the term of the agreement to conclude an agreement itself. If an agreement between the client and a third party who had his object offered earlier by TNG Real Estate, after the date of termination of the assignment agreement, comes into being between the client and the third party, this agreement will be deemed to have been concluded through the intermediary of TNG Real Estate, subject to proof to the contrary to be provided by the client, and the client will owe TNG Real Estate in full the full compensation due to TNG Real Estate, unless this would be contrary to the law.

4.4 TNG Real Estate may, if it deems it necessary, require the client to make an advance payment before actually commencing work. This advance payment will be offset against the final invoice.

5. Height of reimbursement and payment

5.1 The fee (s) for the work stated in the order confirmation shall include the reimbursement of expenses incurred and to be incurred by TNG Real Estate in connection with the order, unless otherwise stipulated in the order confirmation. The remuneration is in principle equal to the monthly gross rental price (including advance payment for additional supplies and services and gas, water, electricity) as stated in the rental agreement at the start of the lease, unless otherwise stipulated in the order confirmation. With a minimum of € 1,500 excluding 21% VAT.

5.2 The compensation (s) as referred to in article 5.1 is exclusive of 21% VAT and must be paid before acceptance of the accommodation.

5.3 The client must pay TNG Real Estate compensation for work within 7 days after the full signing of the rental agreement for a residential accommodation and no later than at the same time as the first lease term and other rental costs. If the client owes the client the fee while the rental agreement has not been concluded as referred to in article 4.2, payment must be made within 7 working days after receipt by the tenant of the rejection. In the event of non-payment, client is immediately in default without further notice of default being required.

5.4 If an invoice is not paid before or on the due date stated on the invoice, a contractual interest rate equal to the statutory (commercial) interest plus 1% shall be payable on the invoice amount as from the due date. If an invoice is not paid even after the first reminder, TNG Real Estate shall be entitled to claim extrajudicial collection costs from the client, amounting to 15% of the invoice amount with a minimum of € 250,- excluding 21% VAT.

5.5 As long as the invoice has not been paid, TNG Real Estate shall be entitled to suspend its activities on behalf of the client, once the client has been informed thereof. TNG Real Estate is then not liable for the damage that has arisen as a result of the suspension.

5.6 If the client requests TNG Real Estate to submit a rental proposal to a third party, actually has it submitted by TNG Real Estate to a third party and after approval - for reasons not attributable to TNG Real Estate - renounces an object, then the client owes an amount of 75% (in words: seventy five percent) of the rental amount (excluding 21% VAT), with which an agreement has been reached with the renting party.

5.7 If the client requests TNG Real Estate to submit a rental proposal to a third party, actually has TNG Real Estate submit it to a third party and – for reasons not attributable to TNG Real Estate – waives an object, then the client owes an amount of € 350,- excluding 21% VAT.

6. General order

6.1 The agreement to mediate shall be concluded by and at the moment of an oral and/or written order confirmation by TNG Real Estate, or by the actual commencement of work by TNG Real Estate.

6.2 All additions, amendments and further agreements to the agreement only apply if they have been agreed in writing, unless written recording is not possible due to circumstances (required speed, etc.). However, the parties shall endeavour to record these additions, amendments and further agreements in writing afterwards.

6.3 The client shall provide TNG Real Estate with all information and documents that are necessary for the execution of the assignment. Customer guarantees the accuracy of the data provided.

6.4 TNG Real Estate shall keep the client informed of the activities and shall account to the client for the manner in which it has performed its tasks.

6.5 If TNG Real Estate has received or paid amounts in favour of or at the expense of the client, TNG Real Estate shall make an account thereof.

6.6 Every assignment is deemed to be given to and accepted by TNG Real Estate, even if it is the explicit or tacit intention of the client that the assignment is executed by one or more specific persons employed by TNG Real Estate. TNG Real Estate is permitted to carry out the work within the framework of the assignment by third parties, who are not employed by TNG Real Estate, subject to the client's prior consent. The effect of Section 7:404 Civil Code (BW) and Section 7:407 (2) Civil Code, which establishes joint and several liability if several persons have received instructions, is excluded.

6.7 The client shall refrain from all activities that could interfere with the assignment to TNG Real Estate and/or that could hinder TNG Real Estate in the execution of the assignment.

7. Running time

7.1 The contract has been entered into for an indefinite period of time with effect from the moment of an oral and/or written order confirmation by TNG Real Estate, or from the actual commencement of work by TNG Real Estate.

7.2 The agreement ends (among other things) by giving notice of termination or because the work to be carried out within the scope of the assignment has been completed.

7.3 The client is authorised to terminate this agreement at any time by means of a registered letter, subject to a notice period of two weeks.

7.4 TNG Real Estate is authorised to terminate the agreement with immediate effect if there are circumstances which, in the opinion of TNG Real Estate, result in TNG Real Estate being unable to continue the agreement.

7.5 Without prejudice to the obligation of the client to pay the compensation for the work and expenses, the parties may terminate the contract. agreement do not derive any right to compensation, unless terminated on the grounds of non-performance.

8. Cancellation by customer

8.1 If the client, after giving an agreement to enter into a lease agreement, orally or in writing, after giving TNG Real Estate an agreement to enter into a lease, for reasons that cannot be attributed to TNG Real Estate, no longer wishes to rent the offered object, the client is obliged to compensate TNG Real Estate for the damage it has suffered. The aforementioned damage shall in any case consist of the brokerage commission (including VAT) foregone by TNG Real Estate which would normally be paid by the client. In addition, the client is also obliged to compensate any damage suffered by the third party (the lessor) concerned.

8.2 If the client requests TNG Real Estate to submit a rental proposal to a third party, actually has TNG Real Estate submit it to a third party and after approval - for reasons not attributable to TNG Real Estate – renounces an object, then the client owes an amount of 75% (in words: seventy five percent) of the rental price offered, excluding 21% VAT.

8.3 If the client requests TNG Real Estate to submit a rental proposal to a third party, actually has TNG Real Estate submit it to a third party and – for reasons not attributable to TNG Real Estate – waives an object, then the client owes an amount of € 350 excluding 21% VAT.

9. Liability

9.1 TNG Real Estate bears limited liability for the consequences of professional misconduct. In the unlikely event that an event - including a failure to act - occurs during the execution of the assignment that leads to liability, TNG Real Estate's liability shall be limited to an amount not exceeding the amount of compensation that the client has paid to TNG Real Estate and as referred to in article 5.1.

9.2 The client indemnifies TNG Real Estate against all claims by third parties, including reasonable costs of legal assistance, which are in any way related to the work carried out by TNG Real Estate for the client, unless these claims are the result of gross negligence or intent to hire directly.

9.3 TNG Real Estate is not liable for damage, insofar as the damage is covered by any insurance taken out by the client.

9.4 Liability of TNG Real Estate for indirect damage, including consequential damage, loss of profit, missed savings and damage due to business interruption, is excluded.

9.5 TNG Real Estate shall never be liable for damage resulting from an event that is (directly or indirectly) related to terrorism or malicious contamination.

9.6 In no event shall TNG Real Estate be liable for the consequences of the inaccuracy of the data provided by or on behalf of the client.

9.7 TNG Real Estate shall not be liable for any damage which is unavoidable in the event of a correct execution of the services or which is the result of an emergency as required by the circumstances. TNG Real Estate is also not liable for the damage resulting from a method of working that is known to the client and to which he has not objected.

9.8 Verbal commitments and agreements with TNG Real Estate employees shall not be binding on TNG Real Estate, only if expressly confirmed by TNG Real Estate in writing.

9.9 All publications on the Facebook and Instagram pages, in email newsletters or other statements by TNG Real Estate are subject to change. TNG Real Estate is not liable for any inaccuracies in the publications made for the benefit of third parties.

9.10 Documents supplied by TNG Real Estate to the Client shall not be binding on TNG Real Estate.

9.11 TNG Real Estate is not responsible and/or liable if a tenant cannot register at the address concerned. Before signing the rental agreement, the tenant will ask the municipality if registration is possible.

9.12 TNG Real Estate shall not be liable for damage if the client has not held liable by registered letter within 5 working days after the occurrence of the damage has been established, and TNG Real Estate is limited in its possibilities to investigate the damage and the causes thereof.

9.13 Neither party is obliged to fulfil any obligation if it is prevented from doing so as a result of force majeure.

9.14 The above does not affect the obligation of the parties to try as much as possible to prevent and avoid situations of force majeure.

9.15 In the event of force majeure, TNG Real Estate shall be entitled without judicial intervention to either suspend the performance of the agreement or dissolve the agreement immediately, without TNG Real Estate being obliged to pay damages.

9.16 The limitations of liability contained in this article do not apply if the damage is due to intent or gross negligence on the part of TNG Real Estate.

10. Defects; complaints deadlines

10.1 Complaints about the execution of the assignment must be reported by the client in writing to TNG Real Estate within 5 working days. However, this does not suspend the principal's payment obligation.

11. Applicable law / competent court

11.1 The contract and all contracts resulting from it shall be governed by Dutch law.

11.2 All disputes that may arise as a result of the commission agreement or of further agreements that may be the consequence thereof shall be settled by the competent court in Amsterdam.

12. Sundries

12.1 These general provisions shall apply to the registration and mediation, unless these provisions provide otherwise.

12.2 Changes in or deviations from these general provisions, contract (s) concluded between the parties and/or additional or deviating stipulations are only effective if the parties have recorded and signed these in writing.

12.3 The nullity or the ineffectiveness of a provision of these general provisions or the agreement of the commission does not result in the general provisions or the agreement of the commission being null and void in its entirety or is not binding. Instead of the void or invalid provision, the parties will agree an appropriate arrangement, which approximates the intention of the parties and the economic result they have sought in a legally effective manner as closely as possible.

12.4 Failure by a party to take any action in the event of non-performance in respect of any provision of these general provisions or the contract by the other party or the granting or condoning a deviation from any provision of these general provisions or the contract cannot be regarded as a waiver of right.

12.5 The inscriptions ("headings") above the various provisions of the contract or the general provisions do not have an independent meaning. These headings have been added solely for reasons of clarity and do not affect the interpretation of the provisions of this Agreement.

12.6 If any provision in the agreement (s) concluded between TNG Real Estate and the client is contrary to any provision of these general provisions, the provision of the agreement (s) shall prevail.

12.7 TNG Real Estate reserves the right to supplement and/or amend the general provisions at any time.

12.8 The agreement between TNG Real Estate and Home Seekers is not subject to the GENERAL PROVISIONS TNG REAL ESTATE FOR TRANSITIONS OF LIVINGSPACE.

12.9 The Dutch text of the general provisions shall prevail over any translations thereof.