General terms and conditions
Section 1 – Definitions
Guest: Anyone to whom the Client has made a Property available, either through the intermediation of Contractor or not.
Services: All services to be provided by Contractor for the benefit of Client, specifically Services to be provided on behalf of Client in connection with the letting of his Property to third parties.
Contractor: The Friendly Host B.V., established in Amsterdam, with office on Nieuwe Uilenburgerstraat 59, listed in the Trade Register of the Chamber of Commerce under number 66079721, and its legal successor.
Client: Anyone who instructs Contractor to let his Property for him and who makes use of the Services provided by Contractor.
Agreement: The Agreement concluded by and between Contractor and Client.
Property: The Property offered for letting by Client.
Section 2 – Applicability
2.1 These General Conditions are valid as from 1 April 2016.
2.2 These General Conditions are applicable to all legal relationships between Contractor and Client, as well as to all Services provided by Contractor.
2.3 These General Conditions may only be deviated from if expressly agreed in writing.
2.4 If any provision of these General Conditions is, or is declared, null and void, this will not affect the validity of the other provisions. In that event Contractor and Client will agree new provisions to replace the null or nullified provisions, taking into account the object and purport of the original provisions to all possible extent.
Section 3 – Content and performance of the Agreement
3.1 The Agreement is formed as soon as Client has accepted the understandings reached between Contractor and Client as communicated to Client in any form and/or are as soon as Contractor has started performing the Agreement. The Agreement and these General Conditions together constitute the entire representation of the rights and obligations of both Contractor and Client.
3.2 If the Agreement is formed through electronic means, Contractor shall take the appropriate technical and organisational measures to ensure the security of electronic data transfer and provide a secure web environment.
3.3 Contractor may, subject to the restrictions of the law, check the creditworthiness of Client and inform himself of all facts and factors that may be material for concluding a distance agreement in a responsible manner. If, further to such checks, Client has good grounds to decide against concluding the Agreement, he may refuse the application or may attach additional conditions to the performance thereof.
3.4 Client shall ensure that all data of which Contractor has stated that they are desirable, or of which Client should in reason understand that these are material for a proper performance of the Agreement, are provided to Contractor in a timely fashion.
3.5 If the data necessary for the performance of the Agreement are not provided to Contractor in a timely fashion, Contractor may suspend performance of the Agreement and charge the resulting costs to Client.
3.6 Contractor may have the Services provided by third parties, if and to the extent a proper performance of the Agreement so requires.
Section 4 – Guarantees
4.1 Client represents and warrants Contractor that he is authorised to let the Property. Client agrees to indemnify Contractor against any third-party claims in connection with or arising from any dispute concerning the question of whether Client is authorised to let the Property concerned or to offer it for letting.
4.2 Contractor shall perform the Agreement to the best of its skills and abilities and in accordance with good professional practice.
4.3 Contractor shall observe the interests of Client with all due care when providing the Services.
Section 5 – Payment
5.1 In so far as Client will be invoiced, all invoices shall be sent to Client in the month following the month in which the Services were provided. All invoices are payable within 14 days of the date of invoice. Late payment constitutes a breach within the meaning of Article 6:265 of the Dutch Civil Code and is a ground for Contractor for terminating the Agreement.
5.2 In the event of late payment by Client, Contractor may also suspend the provision of its services under every assignment with Client, without prior consultation, notification or giving notice of default.
Section 6 – Complaints
6.1 Any complaints about the Services provided by Contractor are to be submitted to Contractor within fourteen days after the Services concerned were provided.
6.2 If the complaint is valid, Client shall grant Contractor the opportunity to provide the Services within a reasonable period of time as yet. Client may only terminate the Agreement due to breach after having held Contractor in default and granting Contractor a reasonable period of time to comply as yet.
6.3 If, objectively speaking, it is no longer possible to provide the Services as yet, Contractor’s liability shall be limited as set out in Article 7.
Section 7 – Liability and damage
7.1 Contractor shall not be liable for any damage suffered by Client related to or arising from the Agreement or the Services provided by Contractor, except in the event of intent or gross negligence on the part of Contractor.
7.2 Contractor is not liable for any damage suffered by Client related to or arising from the Agreement or the services provided by Contractor, except in the event of intent or gross negligence on the part of Contractor. Contractor’s liability shall in all events be limited to the amount of the invoice, with a maximum of EUR 1000, or, if and to the extent that the damage is insured, to the amount actually paid out under the relevant policy. Contractor shall furthermore not be liable towards third parties for any damage, nor shall it compensate any indirect loss, consequential loss, or loss of sales or profits.
7.3 Contractor shall not be liable for any damage suffered by Client as a result of the actions and/or omissions of the Guest of the Property, unless it is unequivocally established that the damage or theft is the result of the actions of one of Contractor’s employees.
7.4 In the event of damage or theft caused by guests, Contractor shall contact the appropriate intermediary website, where relevant, through which the apartment was let at that time, to decide whether there is any possibility of compensating for the damaged or stolen goods. However, Contractor may not be held responsible for the result of these consultations.
7.5 Contractor shall handle any keys handed to him with due care. The keys shall be labelled, but without stating a name or address. If Contractor or a third party engaged by Contractor loses a key, irrespective of the reason, the decision of whether or not to change the lock shall be made by Client. The costs of changing the lock shall in that event be borne by the owner of the Property and may not be recovered from Contractor. Contractor shall not be liable for any direct, indirect or consequential loss if a key is lost.
7.6 Contractor shall not be liable for any damage Client suffers if it is established that Client lets the Property in breach of the laws and regulations and/or if legal action is taken against Client on this ground.
7.7 Contractor shall not be not liable for any non-compliance with laws and regulations concerning the letting of the Property.
7.8 Client agrees to indemnify the Letting Agent against any (administrative) fines imposed on the Letting Agent in connection with the letting of the Property. This shall explicitly include, but not be limited to, fines imposed by the municipal executive of Amsterdam under the Housing Allocation Act (Huisvestingswet) and/or the Housing Regulations (Huisvestingsverordening), as well as all associated costs. The fact that Client is also fined, in addition to Letting Agent, shall not alter Client’s obligation to indemnify Letting Agent. Nor shall it be relevant in what capacity Letting Agent is fined. Letting Agent reserves the right in this regard to object to the decision to impose a fine, or to bring administrative law proceedings. Client shall consequently be liable to pay all fines imposed on Letting Agent in connection with the letting activities, irrespective of the reason.
Section 8 – Rates
8.1 Contractor applies different kinds of rates: fixed rates for seperate and combined services and rates that depend on the value of Client’s assignment and wishes.
8.2 Contractor reserves the right to revise the rates of its Services at all times.
8.3 The rates stated and applied by Contractor are exclusive of VAT and other government levies unless otherwise stated. Any price increases resulting from supplementing or modifying the assignment shall be charged to Client.
Section 9 – Privacy
Contractor shall in no event disclose personal data provided by Client, such as address, email, phone number and bank data to third parties without Client’s permission, except if and in so far as this is necessary in order to perform the Agreement. All data provided by Client are processed in accordance with the Dutch privacy laws.
Section 10 – Force Majeure
10.1 Force majeure means any circumstance as a result of which Contractor may in reason not be required to (continue to) perform the Agreement. This shall at any event include, but is not limited to, loss of data due to computer failure, viruses, computer intrusion by third parties or equipment failure, even though Contractor has taken all security measures that may in reason be expected to be adequate, and other calamities that prevent or limit Contractor’s business operations.
10.2 If Contractor is prevented from providing the Services, wholly or in part, due to an event of force majeure, Contractor may, at its own discretion, either suspend the performance of the Agreement or terminate the Agreement with immedite effect, without court intervention being required.
Section 11 – Exclusivity
By entering into the Agreement and accepting these General Conditions, Client unequivocally grants Contractor permission to have the agreed Services exclusively provided by Contractor. Client agrees not to have any services provided by other parties that are comparable to the Services provided by Contractor during the term of the Agreement.
Section 12 – Transfer of rights and obligations
Client may not transfer the rights and obligations under the Agreement concluded on the basis of these General Conditions, wholly or in part, to third parties without the prior written permission of Contractor.
Section 13 – Changes in the General Conditions
Contractor reserves the right to amend these General Conditions and to declare the amended General Conditions applicable to existing Agreements. Contractor shall ensure in that event that Client expressly agrees to the amended conditions.
Section 14 – Applicable Law and Competent Court
14.1 The legal relationship between Client and Contractor shall be governed by Dutch law.
14.2 Any disputes arising between Client and Contractor from or related to the Agreement shall be exclusively submitted to the competent court in Amsterdam.