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Copyright © 2024 Expat Home Finders. All Rights Reserved.
Expat Home Finders
Registered at the Chamber of Commerce/KvK under number 94724318
Address: De Lierhof 21, 1059 WB Amsterdam, The Netherlands
Article 1: Definitions
1.1 The capitalized words are defined as follows in these General Terms and Conditions unless expressly indicated otherwise or determined otherwise by the context:
Company: The legal entity or the natural person who acts in the pursuit of his profession orcompany.
Expat Home Finders (EHF): The user of these General Terms and Conditions, EHF,established at De Lierhof 21, 1059 WB Amsterdam, The Netherlands,Registered at the Chamber of Commerce/KvK under number 94724318.
Rental Agreement: The rental agreement or a comparable agreement between the Client anda lessor.
Client: The natural person or legal entity who concluded an agreement with EHF.
Agreement: The agreement between EHF and the Client, including any Service Agreements(SAs), by which EHF brokers the rental of a property for the Client.
Natural Person: A natural person not acting in the pursuit of his profession or a company.
Services: All services provided by EHF as outlined in the relevant SA, including but not limitedto property searches, viewings, offer submissions, and check-ins.
In Writing/Written: In writing or by email.
Third Parties: Any contractors, service providers, or third-party entities involved in providingservices to the Client on behalf of EHF.
Termination: The act of dissolving the agreement, either by EHF or the Client, as outlined inArticle 10.
1.2 Unless the context determines otherwise, the definitions set out above used in the singularwill also refer to the plural
Article 2: Applicability
2.1 These general terms and conditions govern all Agreements concluded between EHF (EHF)and the Client in relation to property rental services and any related consultancy.
2.2 Any deviations from these general terms and conditions are only valid if agreed upon inWriting by both parties.
2.3 These general terms and conditions also govern additional engagements and anysubsequent engagements related to property rental services provided by EHF. If the Client haspreviously entered into an agreement with EHF subject to these general terms and conditions,the Client is deemed to have accepted the applicability of these terms to any future Agreementswith EHF, unless expressly agreed otherwise.
2.4 EHF expressly rejects the applicability of any general (purchase) conditions of the Client orother Third-Party entities unless explicitly accepted in writing by EHF.
2.5 If one or more provisions of these general terms and conditions are found to be invalid orvoid, the remaining provisions will remain in full force and effect. EHF will endeavor to replacethe invalid or void provisions with provisions that reflect the original purpose and scope asclosely as possible.
2.6 EHF’s decision not to require strict compliance with any provision of these general termsand conditions at any given time does not waive EHF’s right to require strict compliance withthose provisions at any other time.
2.7 EHF reserves the right to amend these general terms and conditions during the term of anyAgreement. The Client will be informed in writing of any new version of these terms and theireffective date. If the amended terms materially impact the Client, the Client has the right toTerminate the Agreement by providing In Writing, effective from the date the amended termscome into effect.
Article 3: Formation of Agreement
3.1 Agreements are formed when the Client accepts these general terms & conditions andeither signs an SA or makes the deposit payment specified in the SA.
3.2 EHF is only bound by oral Agreements once they are confirmed in writing or EHF hascommenced Services with the Client’s consent.
3.3 Any changes or additions to the Agreement will only be valid if agreed upon In Writing byboth parties.
3.4 The Client acknowledges that Services provided under the Agreement are subject to thesegeneral terms & conditions.
3.4 The Client acknowledges that Services provided under the Agreement are subject to thesegeneral terms & conditions.
Article 4: Offers
4.1 All offers from EHF are non-binding unless explicitly stated otherwise.
4.2 Any errors or mistakes in EHF’s offers, Agreements, or communications will not be bindingon EHF.
4.3 EHF reserves the right to modify or withdraw offers if circumstances change before anAgreement is signed.
4.4 Listed prices and rates do not apply automatically to future Agreements.
Article 5: Reflection Period
5.1 If the client is a natural person acting as a consumer, they have the right to dissolve the agreement concluded remotely or outside EHF's offices for a period of 14 days following its conclusion. Such dissolution can be done by providing a written statement to EHF.
5.2 If the client requests EHF to start executing the agreement before the end of the reflectionperiod, and the client then dissolves the agreement during the reflection period, EHF is entitledto charge the client for the portion of services already rendered on a pro-rata basis.
Contact Information:
Contact Information:
Expat Home Finders
De Lierhof 21
1059 WB Amsterdam
KVK 94724318
Article 2: How We Collect Personal Data
EHF collects personal data when:
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You request services such as property searches, viewings, or lease review.
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You contact us via phone, email, or web forms.
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You submit an inquiry or service request on our website.
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Third-party entities (such as landlords or employers) provide data to us for servicepurposes.
Article 3: Personal Data We Collect
EHF collects and process the following types of personal data:
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Personal Identification Data: First and last name, email address, phone number,gender, date of birth, place of birth, nationality, marital status.
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Address Information: Current residential address, city, and postal code.
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Identity Documents: A passport or ID copy for proof of identification, document numberof your passport or ID, work contracts, employer statements, payslips, reference letters,BSN number
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Financial Information: Bank account details, income information, tax information.
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Property Preferences: Housing criteria, budget, location preferences.
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Other data that are relevant in the context of the performance of our services.
Article 4: Automated Decision-Making
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EHF do not use automated decision-making processes or profiling to evaluate, predict,or make decisions about our clients or tenants. All decisions regarding rentalapplications, lease agreements, and related services are made by EHF and/or theClient. If this policy changes in the future, EHF will update this privacy policyaccordingly.
Article 5: Purpose and Legal Grounds for Data Processing
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Service Provision: To fulfil property search requests, lease contract reviews, and otherhousing services.
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Contract Execution: To conclude and execute rental agreements. To conclude andexecute agreements between the Client and EHF for services performed.
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Client Communication: To send updates about property searches, viewings, andnegotiations.
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Client Invoicing
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Deliver products (photos, other material) or services
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Telephone contact, Email contact
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Legal Obligations: To comply with administrative and legal obligations, including Dutchtax laws and anti-money laundering regulations.
To comply with administrative and legal obligations, including Dutchtax laws and anti-money laundering regulations.
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Compliance with legal obligations (Article 6(1)(c) GDPR).
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Your consent (Article 6(1)(a) GDPR), when required.
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Legitimate interests pursued by EHF (Article 6(1)(f) GDPR).
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EHF processes personal data for the performance of our services in the field of real
estate rental mediation. In addition, EHF processes personal data in the context of our
business operations, including administration, security, compliance with legal
obligations, archiving and handling requests, complaints and disputes. Furthermore,
EHF processes personal data for marketing and communication purposes, including
managing the Website and sending e-mail newsletters, and for statistical and analysispurposes, with a view to management information for ourselves and our Clients and with
a view to the development of information products for third parties. In these information
products, information is only processed at an aggregated level so that it cannot be
processed into natural persons.
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The legal bases for processing are entering into and executing agreements that EHFconcludes with the Client, complying with legal obligations and the promotion of EHF’slegitimate interests and those of its customers and third parties, such as property ownersand Owners' Associations. EHF asks your consent for sending our e-mail newsletter andplacing cookies and web beacons. You can withdraw your consent at any time.
Article 6: Retention Periods
EHF will not retain the collected personal data for longer than is strictly necessary, or asrequired by law, to achieve the purposes for which the data was collected.
The data subject has the right at all times to object to the use of his or her personal data formarketing purposes, sending newsletters or advertising. This can be done via the EHFwebsite or by telephone or e-mail. EHF will then no longer use the data of the data subjectfor those purposes.
Article 7: Sharing of Personal Data
EHF will not share your personal data with third parties unless necessary for the execution ofthe services you have requested or to comply with legal obligations, or for legitimate interest.
EHF may share data with:
2.1 These general terms and conditions govern all Agreements concluded between EHF (EHF) and the Client in relation to property rental services and any related consultancy.
2.2 Any deviations from these general terms and conditions are only valid if agreed upon in Writing by both parties.
2.3 These general terms and conditions also govern additional engagements and any subsequent engagements related to property rental services provided by EHF. If the Client has previously entered into an agreement with EHF subject to these general terms and conditions, the Client is deemed to have accepted the applicability of these terms to any future Agreements with EHF, unless expressly agreed otherwise
2.4 EHF expressly rejects the applicability of any general (purchase) conditions of the Client or other Third-Party entities unless explicitly accepted in writing by EHF.
2.5 If one or more provisions of these general terms and conditions are found to be invalid or void, the remaining provisions will remain in full force and effect. EHF will endeavor to replace the invalid or void provisions with provisions that reflect the original purpose and scope as closely as possible.
2.6 EHF’s decision not to require strict compliance with any provision of these general terms and conditions at any given time does not waive EHF’s right to require strict compliance with those provisions at any other time.
2.7 EHF reserves the right to amend these general terms and conditions during the term of any Agreement. The Client will be informed in writing of any new version of these terms and their effective date. If the amended terms materially impact the Client, the Client has the right toTerminate the Agreement by providing In Writing, effective from the date the amended terms come into effect.
3.1 Agreements are formed when the Client accepts these general terms & conditions and either signs an SA or makes the deposit payment specified in the SA.
3.2 EHF is only bound by oral Agreements once they are confirmed in writing or EHF has commenced Services with the Client’s consent.
3.3 Any changes or additions to the Agreement will only be valid if agreed upon In Writing by both parties.
3.4 The Client acknowledges that Services provided under the Agreement are subject to these general terms & conditions
4.1 All offers from EHF are non-binding unless explicitly stated otherwise.
4.2 Any errors or mistakes in EHF’s offers, Agreements, or communications will not be binding on EHF.
4.3 EHF reserves the right to modify or withdraw offers if circumstances change before an Agreement is signed.
4.4 Listed prices and rates do not apply automatically to future Agreements.
5.1 If the client is a natural person acting as a consumer, they have the right to dissolve the agreement concluded remotely or outside EHF's offices for a period of 14 days following its conclusion. Such dissolution can be done by providing a written statement to EHF.
5.2 If the client requests EHF to start executing the agreement before the end of the reflection period, and the client then dissolves the agreement during the reflection period, EHF is entitled to charge the client for the portion of services already rendered on a pro-rata basis
6.1 If the Client is a Company and cancels the Agreement or if the Client is a Natural Person who cancels the Agreement after the expiry of the dissolution period, the work already performed up to the moment of cancellation will be charged to the Client.
6.2 Cancellation must take place In Writing.
7.1 The Agreement will be concluded for a definite period of 12 weeks
7.2 The Agreement will end:
a. After the effective period unless the parties agree to renew the Agreement;
b. Because of the completion of the Agreement;
c. Because of cancellation of the order by the Client;
d. Because of dissolution by either party
7.3 In case of rental, the Agreement will be completed at the moment on which the Client and the lessor sign the Rental Agreement.
8.1 If it becomes clear during the execution of the Agreement that the work to be performed must be amended or supplemented to ensure its proper execution, the parties will mutually decide to amend the agreement in a timely fashion.
8.2 EHF will inform the Client if the amendment or addition to the Agreement has financial and/or qualitative consequences
9.1 All obligations of EHF arising from the agreement are best-effort commitments.
9.2 EHF will carry out its work to the best of its ability as a careful professional. However, EHF cannot guarantee that it will achieve any intended result. EHF does not guarantee that it will find a suitable property for the Client or that a property in which the Client is interested can be visited.
9.3 EHF has the right to engage third parties, purchase goods from third parties, engage services from third parties, and to have the Agreement fully or partially implemented by third parties, without the need for prior notice to the Client.
9.4 EHF will never be required to perform work that violates its professionalism, a right of a third party, a statutory obligation, or common ethical standards.
9.5 EHF will inform the Client of the progress of the work at its request
10.1 If EHF and the Client have agreed on an execution period for the work, this period will only be indicative. EHF does not offer any guarantees in relation to the agreed execution periods and late execution does not give the Client the right to claim compensation.
10.2 If a communicated delivery period is exceeded due to an event beyond to control of EHF which cannot be attributed to it, as, inter alia, set out in Article 17 of the general terms and conditions, this period will be automatically renewed by the period with which it exceeded the delivery period due to such an event.
11.1 The Client will ensure that all data designated by EHF as necessary for the execution of the Agreement or of which of the Client should reasonably understand their necessity will be made available to EHF in a timely fashion
11.2 If the information provided by the Client is incomplete and/or incorrect, any consequences will be entirely at the expense and risk of the Client.
11.3 The Client is required to immediately inform EHF of any facts and circumstances that may be relevant to the execution of the Agreement.
11.4 The Client will refrain from all activities that may impede the engagement granted to EHF and/or which could hinder EHF in the execution of the engagement.
11.5 The Client indemnifies EHF against any claims by third parties which have suffered damage related to the execution of the Agreement attributable to the Client.
11.6 The Client must cooperate with the obligations of EHF based on the Dutch Act on Prevention of Money Laundering and Financing of Terrorism.
11.7 The Client must attend the property viewing appointment on time. If the Client does not attend the property viewing appointment on time, the duration of the visit may be reduced.
11.8 If the Client does not attend the visit appointment without canceling the appointment in a timely fashion and a new appointment must be made, EHF has the right to charge additional costs to the Client. The Client will be informed of these additional costs in advance
11.9 If the Client fails to (fully) fulfill its obligations vis-à-vis EHF that arise from this Agreement, these general terms and conditions, or legal provisions (in a timely fashion), or if the Client act sillegitimately vis-à-vis EHF, the Client will be liable for all damage suffered by EHF, including loss of turnover
12.1 EHF is in no way liable for the damage resulting from the fact that a lessor, potentially after negotiations conducted by EHF on behalf of the Client, does not conclude a Rental Agreement with the Client.
12.2 EHF will not be liable for the consequences of actions by the lessor. EHF is not liable for the manner in which the lessor fulfills its obligations as a lessor after signing the Rental Agreement.
13.1 The brokerage fee which the Client owes to EHF is set out clearly in the Agreement.
13.2 If the brokerage fee equals the rent for 1 month, this rent also includes, insofar as applicable, the fee due monthly by the Client for renting tangible objects from the lessor.
13.3 VAT will be due on the brokerage fee.
13.4 The brokerage fee is invoiced immediately after the Client agrees to the draft Rental Agreement and is invited for digital signing.
13.6 The brokerage fee will also be due after the termination of the Agreement if:
a. EHF offers satisfying evidence that the conclusion of the Rental Agreement is the resultof the services provided by EHF to the Client during the effective period of the Agreement;
13.7 If the brokerage engagement was granted to EHF by 2 or more persons each person will be jointly and severally liable for the payment of the brokerage fee due to EHF pursuant to the Agreement and/or these general terms and conditions.
13.8 If the lessor invokes a resolutive condition set out in the Rental Agreement, the Client must immediately inform EHF and will not owe the brokerage fee to EHF.
14.1 The Client must pay the invoice prepared by EHF within 10 calendar days of the invoice date and before the key transfer takes place.
14.2 If the payment period is exceeded and the Client is a Company, it will owe a delay interest of 1.5% per month or the applicable statutory interest for commercial transactions if the latter is higher than the aforementioned percentage as of the date on which the sum due has becomeexigible until the moment of payment
14.3 If the payment period is exceeded and the Client is a Natural Person, he will from the date on which the due sum has become exigible until the time of payment owe the statutory interest for consumer transactions in accordance with Article 6:119 DCC.
14.4 All collection costs arising from the moment of default of the Client, both judicial and extrajudicial, will also be borne by the Client
14.5 The extrajudicial collection costs will be 15% of the principal with a minimum of €100, - if the Client is a Company.
14.6 If the Client is a Natural Person, the extrajudicial costs will be determined in accordance with the Dutch Collection Costs Act.
14.7 The claims of EHF. on the Client will become immediately exigible in case of liquidation, bankruptcy, attachment, or suspension of payments of the Client.
14.8 Once the Client is in default, EHF will have the right to suspend all its work for the Client with immediate effect. EHF will inform the Client of the suspension of its work In Writing. EHF will not be liable for any damage suffered by the Client because of the suspension.
14.9 All payments will first cover the costs due, followed by the interest and the oldest principal.
14.10 EHF will retain possession of the goods, data, documents, and the like it received or generated in the context of the Agreement, despite an existing obligation to return these, until the Client has paid all the amounts due to EHF.
15.1 The Client must submit complaints about the work to EHF In Writing as soon as possible after their discovery. The notice of default must give a detailed description of the short coming inorder to give EHF the opportunity to respond adequately.
15.2 If EHF considers the complaint valid, EHF will, if possible, perform the work as agreed upon.
15.3 The liability of EHF will always be limited in the manner set out in Article 16 of these general terms and conditions.
15.4 The Client is required to give Expat Home Finders the opportunity to resolve short comings attributable to it or mitigate or resolve the damage arising from these shortcomings within a reasonable period.
15.5 Complaints will not suspend the payment obligation of the Client.
16.1 EHF cannot be held to pay compensation for any damage which is a direct or indirectresult of:
a. An event that is beyond its control and thus cannot be attributed to it, as inter alia defined in Article 17;
b. Any act or omission of the Client, its subordinates, or other persons who perform work for or on behalf of the Client;
16.2 The Client will always be responsible for the accuracy and completeness of all information it provides. EHF will never be liable for any damage which is (in part) caused by the fact that the data and documents provided by the Client are incorrect and/or incomplete or by observing the instructions given by the Client. The Client indemnifies EHF against any claims in this respect.
16.3 EHF does not guarantee the accuracy of the data provided by the (potential) lessor. EHF will also not be liable if it becomes clear that a (potential) lessor has provided incorrect and/or incomplete information toEHF and/or the Client.
16.4 EHF will not be liable for damage caused by actions of the lessor or a third party.
16.5 EHF will not be liable if the result arising from the work performed by EHF does not meet the expectations of the Client.
16.6 Accessing a property for a visit will take place entirely at the risk of the Client. EHF will not be liable for any damage suffered by the Client during a visit.
16.7 If the work of EHF does not lead to a Rental Agreement, EHF can never be held liable for this.
16.8 EHF will not be liable for the consequences of a hack.
16.9 EHF will never be liable for indirect damage, including consequential damage, loss of profits, loss of turnover, lost savings, delay damage, reputation damage, imposed fines, labor costs, the costs of (temporary) accommodation, other accommodation costs, and damage due to business standstill.
16.10 If EHF is found to be liable for any damage or if a limitation of liability set out above is not permitted by law, the liability of EHF will be limited to the amount paid by the insurer of EHF. Ifthe insurer refuses to provide payment or if the damage is not covered by the insurance, the liability of EHF will be limited to maximum the amount paid by the Client for the work to which the liability relates, insofar as this does not violate any mandatory legal provision.
16.11 EHF will only be liable if the Client immediately and properly holds EHF in default In Writing, designating a reasonable period to remedy the shortcoming, and if EHF still fails to fulfill its obligations after this period.
16.12 The provisions of this article, as well as all other limitations and exclusions of liability set out in these general terms and conditions, also apply for the benefit of all (legal) entities/persons engaged by EHF for the execution of the Agreement.
16.13 The Client indemnifies EHF against claims by third parties vis-à-vis EHF concerning events, acts, or omissions for which EHF is not liable pursuant to the above. The Client is required to pay EHF all costs, damage, and interest it may incur as a direct or indirect result of a claim filed against it by a third party within the meaning of this paragraph.
16.14 Any claim based on a shortcoming in the work performed will expire 1 year after the event to which the damage relates.
17.1 Force majeure includes but is not limited to extreme weather conditions, theft, floods, earthquakes, acts of terrorism, obstructions by third parties, government obstructions, virus infection or hacking by third parties, strikes, traffic obstructions, unrest, war or war hazards, internet and power outage, disruptions in email traffic, fire, government measures, epidemics, pandemics, boycott, and illness or personal (family) circumstances of the natural person who executes or must execute the Agreement on behalf of EHF.
17.2 Force majeure also includes a non-attributable shortcoming of a third party engaged by EHF for the execution of the Agreement.
17.3 EHF also has the right to invoke force majeure if the circumstances that affect the (further) fulfillment of the Agreement occur after EHF should have fulfilled its obligations.
17.4 In case of force majeure, EHF will not be obliged to pay compensation for any direct or indirect damage and will be relieved from the obligation to execute the Agreement. It will dependon the circumstances of the case whether EHF will be partially or fully relieved from its obligation, or if the implementation will only be suspended. If the Agreement can be executed (in an amended form), both EHF and the Client will be required to make use of this opportunity.
18.1 EHF will have the right to suspend the fulfillment of its obligations or to dissolve theAgreement without judicial intervention by means of Written notice, if:
a. The Client fails to (fully) fulfill its obligations arising from the Agreement and the Clientfails to observe a notice of default which grants it a reasonable period to fulfill itsobligations. A notice of default will not be required if compliance has become permanentlyimpossible;
b. EHF learns of circumstances – after the conclusion of the Agreement – that give it areason to fear that the Client will not meet its obligations.
18.2 EHF has the right to dissolve the Agreement in the interim without judicial intervention by means of a Written notice if EHF has compelling reasons to do so, such as but certainly notlimited to the following circumstances:
a. The partnership between the Client and EHF has become severely disrupted;
b. The Client imposes requirements on the desired property in combination with a maximum rent that are not realistic and/or in line with market standards;
c. EHF also accepted a brokerage engagement from the lessor of a home which the Client wishes to rent..
18.3 EHF also had the right to dissolve the Agreement if circumstances arise that make the execution of the Agreement impossible, if this execution can in all reasonableness and fairness no longer be expected, or if other circumstances arise due to which the unaltered continuation of the Agreement can no longer reasonably be expected.
18.4 EHF has the right to dissolve the Agreement if the Client requests or is granted suspension of payments, if the Client is declared bankrupt or applies for bankruptcy, or if the Client is unable to pay its debts, is placed under guardianship, or if an administrator is appointed.
19.1 Both parties undertake to observe the confidentiality of all confidential information obtained in the context of the Agreement from each other or another source. Information will be confidential if the other party has indicated this, or if this follows from the nature of the information. The party receiving confidential information will only use this information for the purpose for which it was provided.
19.2 If EHF is required to share confidential information with third parties designated by law or a competent court pursuant to a statutory provision or judicial ruling, and EHF cannot invoke a right or refusal acknowledged or permitted by the competent court, EHF will not be required to provide compensation or indemnification, and the Client will not have the right to dissolve the Agreement.
19.3 EHF processes personal data in accordance with the General Data Protection Regulation (AVG). The Client can consult the EHF privacy statement for more information about the processing of personal data, available at https://www.expathomefinders.nl/privacy-policy.
20.1 To the extent not determined otherwise in these general terms and conditions, all claims of the Client on any grounds vis-à-vis EHF will expire at least 1 year after the moment on which the Client became aware or could reasonably have become aware of the existence of these legalrights
21.1 All disputes related to Agreements between the Client and EHF will be submitted to the competent court in the district where EHF is established (Amsterdam). If the Client is a Natural Person, he can choose to settle the dispute before the court competent by law within 1 month after EHF invoked this article In Writing.
21.2 All Agreements between EHF and the Client are governed by the laws of The Netherlands.
Address: De Lierhof 21, 1059 WB Amsterdam, The Netherlands
Copyright © 2024 Expat Home Finders. All Rights Reserved.
