GENERAL TERMS AND CONDITIONS FOR MEDIATION BY EHR Franchise BV,
whose official seat is at 6828 WG, Arnhem, Johan de Wittlaan 2
registered with the Chamber of Commerce for Central Netherlands under number 09214601, hereinafter to be referred to as “EHR”.
CLAUSE 1 - DEFINITIONS
1. In this Agreement the following words shall have the following meanings:
- The activities:
The intermediary services between the Landlord and the Tenant related to the fixed-term lease of fully furnished and/or furnished housing accommodation, the drafting of a tenancy agreement, the conducting of an inspection of the leased/rented property at the start and at the end of the tenancy, and the settlement of prepaid levies for the current year.
- The commission:
The agreement to carry out activities.
- The commissioning authority:
The natural person or legal entity that has commissioned EHR to carry out the activities or to cause these activities to be carried out.
The presence of floor covering, window covering and fixed lights.
The presence of furniture
- Furniture and fixtures:
All things present inside the rented/leased accommodation, from furniture to linen/beddings, and from gardening tools to kitchenware.
The written offer.
CLAUSE 2 - APPLICABILITY
1. These Terms and Conditions are applicable to all offers and supplies/services by EHR, as well as to all agreements to carry our activities by EHR of whatever nature, unless this applicability is entirely or partly excluded in writing and/or explicitly otherwise stipulated.
2. The General Terms and Conditions Tenancy Agreement for Housing Accommodation are applicable to all offers and supplies/services by EHR in conformity with the model adopted by De Raad van Onroerende Zaken [The Council for Immovable Property] and filed at the Office of the District Court in The Hague under no. 74/2003. The Parties confirm to have received a copy.
3. In the event that a certain situation is regulated both by the provisions in Clause 2 sub 1 and Clause 2 sub 2, the provisions in Clause 2 sub 1 shall prevail.
4. Any (earlier) reference by the other party to its own or other general terms and conditions, will be rejected by EHR and should therefore not be accepted.
5. EHR reserves the right to alter the General Terms and Conditions at any time. The altered General Terms and Conditions will be applicable from the time EHR informed its clients about the alteration, with the proviso that, for the orders already given, the Terms and Conditions that were in force on the day the order became effective will continue to apply.
6. In the event that any of these stipulations of these Terms and Conditions are declared to be null and void by a competent court or otherwise not binding, the remaining stipulations of these General Terms and Conditions will stay unimpaired.
CLAUSE 3 - GENERAL
1. The Parties recognise and agree that the Agreement to which the present terms and conditions apply has been explicitly concluded for a temporary use of the rented housing; Articles 7:274 2 sub B of the Dutch Civil Code, as well as the Huurprijzenwet Woonruimte [Residential Tenancies (Rent) Act] do not apply to the Agreement, as the Agreement is related to the use of housing accommodation which is only short-termed in nature.
2. The Tenant/Occupier must actually occupy the rented housing during the entire duration of the agreement, and use the rented housing exclusively and respectably as a housing accommodation with due observance of the existing rights in rem and the demands made or still to be made by the government and/or the public utility companies.
3. The Tenant shall comply with the verbal and/or written instructions by or on behalf of the Landlord given in the interest of an appropriate use of the rented housing and the areas, installations and facilities of the building or the complex of which the rented housing is part.
4. If the rented housing is not available on the agreed commencement date of the term of tenancy, the Tenant, without prejudicing his right to damages, cannot claim dissolution of the Tenancy Agreement unless the late delivery is caused by the Landlord’s inadmissible shortcoming resulting in such delay that the Tenant cannot reasonably be required to honour the Agreement.
CLAUSE 4 - CONCLUSION OF THE AGREEMENT AND ALTERATIONS|
1. All offers, quotations and suchlike by EHR are without engagement unless explicitly stipulated otherwise in writing. If an offer and/or quotation and suchlike is an offer without obligation and this offer is accepted by the Commissioning Authority, EHR has the right to revoke the offer within two working days after receipt of the offer. Prior offers, quotations and suchlike are deemed to have been revoked after a new offer and/or quotation and suchlike is submitted.
2. Pictorial representations, drawings and specifications of services offered by EHR in catalogues, circular letters, advertisements or services offered otherwise are not binding for EHR and are only intended to give a general impression of what EHR has to offer.
3. Agreements with EHR are concluded as soon as the acceptance of the offer has reached EHR; this acceptance shows that the Commissioning Authority has agreed with the applicability of the General Terms and Conditions.
4. Commissions, and alterations, additions and/or extensions to a commission are only binding if and in so far as they are confirmed in writing by EHR to the Commissioning Authority. The written confirmation of the commission is deemed to give a correct and full representation of the agreement. Where appropriate, EHR has the right to let its obligation to a commission be subject to the Commissioning Authority’s signing of a copy of the written conformation sent by EHR to the Commissioning Authority.
5. If alterations to the Agreement between EHR and the Commissioning Authorities lead to an increase or a decrease in the costs, the parties must agree in writing with the resultant change in price.
6. For services and/or activities for which, considering their nature and limited extent, no quotations and/or confirmation of the commission are sent, the invoice is deemed to be also the confirmation of commission. In this case the invoice is deemed to give a correct and full representation of the agreement.
7. If an agreement is concluded between EHR and two or more commissioning authorities, these commissioning authorities are jointly and severally liable for the compliance with the obligations resulting from the agreement.
8. In the absence of a consensus on the change in price there is a dispute between the parties to which sub-clause 2 of clause 20 of these Terms and Conditions is applicable.
CLAUSE 5 - DELIVERY
1. All delivery times mentioned by EHR are set to the best of their knowledge on the basis of the information known to EHR at the time the agreement was concluded and they will be observed as much as possible. However, the delivery times mentioned by EHR are not deadlines. In any case, EHR is never bound to deadlines that cannot be met due to reasonably unforeseen circumstances that have taken place after concluding the agreement. If it is expected that the delivery time will be exceeded, the EHR is obliged to enter into conversation with the Commissioning Authority as soon as is reasonably possible.
2. Any agreements between the Tenant and the Landlord will be concluded by signing the Tenancy Agreement drawn up for this purpose.
3. After concluding a Tenancy Agreement, the Tenant is obliged to pay to EHR the current expenses for contract or brokerage as indicated on the EHR website.
4. The rental given in the Tenancy Agreement is deemed to be established by the Landlord whether or not after consultation with EHR.
CLAUSE 6 - PERMISSION/RIGHTS AND OBLIGATIONS: EHR
1. EHR shall carry out the activities according to the stipulations of the Agreement. Unless otherwise agreed, the activities shall be carried out within EHR’s normal working times.
2. EHR shall reserve the right to refuse a commission without being obliged to give reasons.
3. EHR shall ensure that the activities are carried out by authorised persons.
4. EHR is entitled to postpone the check-in of the Tenant and to refuse the handover of the keys to the Tenant if the payment of the first rent as well as the payment of the security deposit in respect of this matter cannot be proven, unless the Landlord has given explicit written permission to carry out the check-in.
5. EHR shall undertake to treat all information provided by the Landlord/the Tenant in confidence.
6. EHR is not liable for:
a. damage to, and/or theft of objects belonging to the Tenant and/or his family;
b. the effect of visible and/or invisible defects of the rented housing.
7. There will be no refund of the charged commission in case of premature termination of whatever nature, and there will be no settlement in case of a next agreement.
8. If an agreement drawn up by EHR is extended, the extension will be drawn up by EHR as well. The Tenant and the Landlord will be charged with the current handling expenses.
9. EHR is obliged to repay the Tenant any security deposit that may have been paid by the Tenant within one month after the transfer the rented housing in conformity with Clause 7 sub 4.
CLAUSE 7 - CHECKING IN/OUT AT THE START AND AT THE END OF THE RENTAL PERIOD
| 1. EHR shall undertake to deliver the key(s) and to draw up and/or deliver to the Tenant:
a. a list of the furniture and fixtures;
b. an inspection report describing the state of repair of the rented housing;
c. the personal data of the Supervisor as the Tenant’s contact;
d. if available, multilingual operating instructions for the equipment present in the rented housing.
2. The Tenant and the Landlord shall undertake to date the list of furniture and fixtures and the inspection report (with comments, If any) mentioned in sub-clauses 1a and 1b, and to sign them for approval.
3. The Tenant shall inform EHR about any damage and/or defects that have not been discovered at the time of inspection within three days after having physically occupied the rented housing.
4. The Tenant is obliged to deliver all keys to EHR at the end of the rental period, and to deliver the rented housing in the state in which the Tenant moved into the rented housing, except for wear and tear as a result of normal use of the rented housing:
a. as described in the list of furniture and fixtures referred to in 1a;
b. as described in the inspection report as referred to in 1b;
c. clean and in good condition;
d. vacated and free from rights of use.
5. The Tenant shall in due time make an appointment with EHR about the time at which the rented housing will be delivered for mutual inspection of the furniture and fixtures and of the state of repair.
6. During the inspection referred to in the previous sub-clause, the findings shall be noted in the ‘Report of Delivery’ stating what necessary repairs and overdue maintenance are to be borne by the Tenant and in what way they must be carried out.
7. Should the Tenant refuse to co-operate in drawing up the Report of Delivery, the Report of Delivery made by EHR, which is considered to have been made in accordance with the findings, shall count as valid.
8. Should the Tenant, after being asked and demanded, not or insufficiently comply with his obligations flowing from the Report of Delivery referred to in sub-clause 6, EHR is entitled to have the necessary activities carried out by third parties at the expense of the Tenant.
9. If, by carrying out the activities as a result of the Report of Delivery referred to in sub-clause 6, the rented housing is delivered in the state referred to in sub-clause 4 after the vacation date, the Tenant shall pay to EHR the pro rata rent calculated over the number of days between the original vacation date and the ultimate vacation date, without prejudice to EHS’s claim for compensation of further damage and costs.
10. If the Tenant did not deliver the rented housing in conformity with sub-clause 4, the Landlord is entitled to charge clean-up costs on the basis of a quotation from a professional cleaning agency.
11. In case of hidden defects discovered by the Landlord after signing and drawing up the Report of Delivery, the Landlord is obliged to contact EHR by returning post but no later than two business days after vacating the accommodation. EHR will assess the identified hidden defects, if possible in the Tenant’s presence, and draw up a supplementary report if there are reasons to do so. Clauses 6 up to and including 10 shall apply mutatis mutandis regarding the supplementary Report of Delivery.
12 After having asked and, if necessary, demanded the Tenant for that purpose, EHR is entitled to remove the objects belonging to the Tenant and left by him in the rented housing on the understanding that the costs involved are to be borne by the Tenant.
CLAUSE 8 - PERMISSION OF THE LANDLORD/EHR REQUIRED
1. Without prior written consent from the Landlord/EHR, the Tenant is not allowed:
a. to sublet the rented housing or to allow third parties to use it wholly or partly;
b. to carry out or to cause renovations to be carried out, or to make or to cause other changes be made;
c. to put the rented housing to another use;
d. to install or cause an antenna or dish aerial for radio/television to be installed;
e. to keep pets in the rented housing;
f. to alter the furniture and fixtures present in the rented housing or to take them outside the rented housing;
2. The Landlord/EHR shall be entitled to alter the permission already granted, or to attach conditions to the permission.
3. A permission granted by the Landlord/EHR is non-recurrent and does not apply automatically to successive cases. Permission must therefore be granted on a case-by-case basis.
4. In spite of the permission given from the Landlord/EHR’s side, the Tenant is responsible for all damage resulting from the stipulations in sub-clauses 1a. up to and including 1f. If necessary, the rented housing will be disinfected by a cleaning agency at the Tenant’s expense after termination of the Tenancy Agreement in case pets were kept at the rented housing.
5. If the Tenant acts in violation of the stipulations in sub-clause 1 of this clause, the Tenant forfeits a penalty to the Landlord/EHR for each calendar day that such violation continues. The penalty is immediately due and payable, and not open to judicial moderation, and is equal to twice the amount of the current rent the Tenant must pay, without prejudice to the Landlord/EHR’s right to claim compliance with, or to dissolve the Tenancy Agreement, as well as to claim compensation.
CLAUSE 9 - THE TENANT’S OBLIGATIONS
1. The Tenant declares to know the rented housing and to require no further description.
2. The Tenant shall undertake to use and to maintain the rented housing always with due care.
3. The Tenant shall notify the landlord forthwith of any damage and defects to or in the rented housing that have occurred or threaten to occur. The Tenant must confirm the notification in question in writing. In the absence of a (prompt) notification of damage or defect, the Tenant shall be held liable for the consequences of the damage.
4. The Tenant shall undertake to cause no nuisance to the neighbours resulting from causing noise, odour nuisance or other forms of inconvenience.
5. Where applicable, the Tenant shall undertake to sign the Huishoudelijk Regelement van de Vereniging van Eigenaren [Standing Orders of the Owners’ Association] of which the rented housing forms a part.
CLAUSE 10- THE LANDLORD’S OBLIGATIONS
1. The Landlord is obliged to take out a building insurance and, where applicable, a households contents insurance for the property, including a glass insurance.
2. Where applicable, the Lessor received permission for the Tenancy Agreement and/or gave notification to:
a. the home-owner and/or the administrator in the event of subletting or cohabitation;
b. the Municipal Housing Department;
c. the loan holder;
d. the insurers.
CLAUSE 11 - MAINTENANCE TO THE RENTED HOUSING
1. Maintenance resulting from wear and tear/ age of the rented housing shall generally be borne by the Landlord.
2. The Tenant shall take all necessary measures to avoid damage to the rented housing and the adjoining premises, including the damage that may result from any weather conditions.
3. The Landlord is obliged to keep the exterior of the rented housing in good repair; the Tenant is likewise obliged to keep the interior of the rented housing in good repair. The Landlord and the Tenant shall make all proper and timely provisions at their own expense - including renovations/replacements - which are necessary and/or which the law or government regulations make mandatory of either party.
4. All renovations/replacements on behalf of the Tenant must be carried out by an approved professional, and the Tenant must keep all receipts related to the activities carried out.
CLAUSE 12 - THE TENANT’S (MAINTENANCE) OBLIGATIONS
1. Small and daily repairs as referred to in Article 7A:1619 of the Dutch Civil Code shall be carried out by and at the expense of the Tenant, including:
a. maintenance to, or replacement of, or repair of any damage incurred by improper operation of hoses, keys and swivels of the central heating system;
b. maintenance and repairs to doorbells, switches, wall sockets, fuses, interior and exterior lighting and lamps;
c. re-adjusting, securing, lubricating and replacing hinges, locks, window latches and door handles (including those of built-in cupboards);
d. maintenance to and replacement of weather strips;
e. minor repairs to taps, shower hose, shower attachment, shower attachment coupling, as well
as maintenance to and replacement of the wash basin, bath, soap dish, lavatory bowl and other sanitary accessories after damage by the Tenant’s doing;
f. maintenance to and replacement of the toilet seat and float in the cistern of the water closet;
g. descaling the (mixer) taps and replacing the washers, and etceteras;
2. The Tenant shall carry out maintenance work to the rented housing, including;
a. the prevention of frost and when neglected, repairs after frost damage;
b. the replacement of and/or repairs to outside doors and windows if the damage is caused by the wind as a result of the Tenant’s negligence;
c. the replacement of mirrors in doors, wardrobes and windows;
d. the replacement of lost or damaged keys and locks;
e. repairs due to overloading electrical installations by incompetent use;
f. cleaning mechanical ventilation, cleaning/replacing filters and repairing extraction and/or ventilation vents, air valves and cooker hoods;
g. keeping windows and woodwork clean at the inside and outside of the rented housing;
h. controlling pests such as lice, cockroaches, wasps, ants, mice, fleas and other vermin, as well as disinfecting the premises as related to such vermin;
i. operating, filling up and bleeding the central heating installations, and etceteras.
3. The Tenant shall be responsible for damage to interior paintwork, wallpaper/ whitewash, ceilings and stuccowork, wall tiles and floor tiles, parquet floors and floor coverings, as well as damage caused by holes, plugs, removing wallpaper, and etceteras;
4. Regarding the bathroom fixtures, the Tenant is responsible for:
a. maintaining/cleaning drains and siphons of wash basins, showers, sinks (including the chains and drain plugs);
b. unblocking drains and sewage if demonstrably caused by the Tenant.
5. The Tenant shall do maintenance work outside the rented housing, including:
a. keeping the emergency exit, stair wells and communal areas clean, in as far as this is not included in the rent;
b. cleaning and unblocking the rainwater pipes, roof-gutters and/or reservoirs, sewage and wells;
c. repairing damage caused by the Tenant or his alternates due to climbing on the roofs;
d. keeping the windows and exterior woodwork clean;
e. keeping clean and maintaining the pavement of garden, carport, terraces and communal paths;
f. keeping clean and maintaining gardens, including trimming bushes and shrubs, hedges and trees, and etceteras;
6. Except for normal wear and tear, the Tenant is responsible for all damage, maintenance and repairs to the interior and the furniture and fixtures of the rented housing that are caused by:
c. the Tenant’s negligence;
d. unprofessional/inappropriate use;
e. insufficient ventilation of the rented housing.
7. In case of disagreement between the parties about the stipulations in this Clause there is a disagreement to which clause 20 of the present Terms and Conditions applies.
CLAUSE 13 - THE LANDLORD’S (MAINTENANCE) OBLIGATIONS
1. At the start of the rental period, the Landlord shall put at the Tenant’s disposal the rented housing and the garden and appurtenances part thereof that are rented by the Tenant:
a. in a good state of repair, and
b. clean, moisture-free and, if possible, draught-free, and
c. provided with reliable suspension gear and locks and handles, and
d. with the possibility of adequate ventilation of the rented housing.
2. With respect to the stipulations under 1b regarding the question whether the rented housing is or is not clean at the start of the rental period, the criteria according to generally acceptable standards of decency, as well as according to the requirements of reasonableness and fairness shall apply, on the understanding that in case of disagreement the parties shall conform to EHR’s judgement and with due observance of the provisions in sub-clause 1e of Clause 15.
3. With respect to carrying out major repairs to the interior of the rented housing, the Landlord is responsible for:
a. maintaining, repairing/replacing windows, window-sills and window-frames;
b. maintaining and repairing locks that give access to shared-use areas, as well as the locks of the outside doors;
c. maintaining and repairing locks and replacing hinges and locks, fasteners and espagnolettes of outside doors and windows;
d. maintaining and repairing ceiling constructions, loose plaster as well as building cracks;
e. maintaining and repairing stair banisters inside the house;
f. maintaining and repairing electrical installations including the group box, the wiring and the earthing;
g. maintaining and repairing (electric) door openers, bells and bell installation;
h. maintaining the internal telephone system, internal communication system;
i. if the rented housing is part of a block of flats or an apartment block, the interior maintenance of the shared-use areas as well as all maintenance work that the Vereniging van Eigenaren [Association of Apartment Owners] is obliged to carry out;
j. treatment for woodworm;
k. repairing chimneys and ventilation channel;
l. general maintenance and repairs to and replacement of the central heating boiler, radiators, circulation pumps, thermostats and further fittings, pipes and taps of the central heating installation, hot water draw-off taps and the fire hydrant booster;
m. yearly maintenance of the central heating installation (combination boiler), geyser, boiler, chimney on the understanding that the costs involved will be passed on to the Tenant.
4. With regard to major repairs, the Landlord is responsible for:
a. structural maintenance to the premises and appurtenances;
b. maintenance/repairs to the foundation, floor construction and the covering floor;
c. maintenance and repairs to and/or replacement of the roof-covering, valley gutters and roof drains;
d. skylights and dormer windows and tiles/pantiles due to normal wear and tear or to any weather condition, having regard to the provisions set out in clause 10 sub-clause 2;
5. With regard to the sanitary fittings in the rented housing, the Landlord is responsible for:
a. replacing and/or repairing the supply and discharge pipes of water and gas;
b. replacing and/or repairing siphons/goosenecks in case of blockages and/or leakages;
c. replacing and/or repairing taps, wash and wash-hand basins, flushing cisterns and toilet bowls;
d. replacing and/or repairing kitchen counters and base units due to normal wear and tear.
6. With regard to the exterior of the rented housing, the Landlord is responsible for:
a. repairing and maintaining and/or restoring/replacing roofs and floors of lean-tos and/or sheds;
b. painting the exterior of the rented housing including the fixed and revolving parts as well as balconies, parapets, exterior stairs, as well as maintaining rendering and brickwork;
c. maintaining and repairing exterior stairs and exterior concrete parts, balconies, parapets and brickwork;
d. maintaining and repairing and/or replacing sewage and drain pipes, wells and drains outside the rented housing;
e. raising gardens and terraces;
f. maintaining boundaries and fences.
CLAUSE 14 - EXPENSES TO BE BORNE BY THE TENANT
1. At the Tenant’s expense and risk are:
a. all small repairs to, in and belonging to the rented housing within the meaning of 7A:1619 Dutch Civil Code and in sub-clause 1 of clause 11 of these Terms and Conditions till a sum amounting to € 100.- excluding call out charges and VAT;
b. all costs arising from the maintenance obligations as stipulated in clause 12 sub-clauses 2 to 6;
c. all charges and costs that are or will be levied for the rented housing, including the costs connected to the use of gas, electricity, water and CAI community Antenna Installation contribution, including reduced rate for those paying standing charges and subscription fees;
d. all expenses related to the subscription to telephone connection, the use and the metre readings of the telephone;
e. All expenses of the yearly maintenance contract of the central heating and water installation,
as well as the costs of sweeping the chimney as referred to in sub-clause 2 m of clause 11; however, all this is related to the duration of the Tenancy Agreement.
f. the additional charges of the central heating if the rented housing is part of a block of flats or an apartment block and the costs of them are included in the total rent and/or are periodically paid by or on behalf of the Landlord;
g. all government taxes imposed on the occupier, pollution tax, and etceteras;
h. the insurance premiums related to all goods placed by the Tenant into the rented housing.
CLAUSE 15 - EXPENSES TO BE BORNE BY THE LANDLORD
1. At the Landlord’s expense and risk are:
a. all costs and repairs to, in and belonging to the rented housing, except for the stipulations in Article 7A:1619 Dutch Civil Code;
b. all costs arising from the maintenance obligations as stipulated in clause 13;
c. polder duties and water board charges, local property taxes, charges levied locally on projections over public land and sewerage charges, as well as the property tax, as well as the taxes imposed on the owner of the rented housing;
d. the premiums of building insurance and fire & theft insurance of the rented housing;
e. cleaning costs of an acknowledged cleaning and maintenance company in case the Landlord has not satisfied the stipulations in clause 12.1, with due observance of the stipulations in clause 12 sub-clause 2. In this case, the Landlord will no longer be given the opportunity to carry out the cleaning activities himself.
CLAUSE 16 - PREMATURE TERMINATION AND DEFAULT
1. The Tenant is in all events in default by operation of law with all consequences that Dutch law
attaches thereto pursuant to Article 6:83 of the Dutch Civil Code, if and when:
a. did not pay the total rent on the fixed date;
b. terminated the use of the rented housing without observing the required notice of termination (where applicable);
c. does not comply with stipulations of the Tenancy Agreement;
d. does not comply with obligations arising from the law;
e. does not comply with conditions connected to permission given by the Landlord;
f. is declared to be in state of involuntarily liquidation or petitioned for of suspension of payment;
g. lost the right to dispose of his property or part thereof;
2. The Landlord/EHR, after having put the Tenant in default , has the right:
a. to give immediately notice of interim termination of the Tenancy Agreement, and
b. to consider the Tenancy Agreement as terminated;
c. to gain access to the rented premises at the Tenant’s expense, and
d. to take possession thereof, and
e. to carry out or cause to be carried out all activities the Landlord considers to be necessary, at the Tenant’s expense.
3. Regarding the first sub-clause of this clause, the Tenant shall not be entitled to any compensation of damages and/or expenses.
4. The Tenant is considered to be in default by the mere expiry of a fixed period or the occurrence of any circumstance as stipulated in sub-clause 1 of this clause.
5. The Tenant is obliged to compensate the Landlord for all damages, costs and interest ensuing from:
a. the Tenant’s attributable shortcomings;
b. the shortcoming attributable to the Tenant as a result of one or more circumstances as referred to in sub-clauses 1 and 3 of this clause;
c. early termination (where applicable) of the Tenancy Agreement, including the termination as a result of bankruptcy or suspension of payment.
6. If pursuant to the Tenancy Agreement the amount payable by the Tenant is not promptly settled on the due date, the Tenant, after having been given notice of default by the Landlord/EHR, forfeits to the Landlord a penalty of 1% per month on the principal sum from the due date until the date on which payment is made in full.
7. In all cases where the Tenant is in default on complying with any obligation arising from the Tenancy Agreement, and the Landlord/EHR demands the Tenant to comply with the said obligation both in and out of court by means of a warning, a notice of default, a bailiff’s notification, a writ of summons or otherwise, the costs involved are to be borne by the Tenant.
CLAUSE 17 - VIEWING
1. In the event of an intended renewal of the Tenancy Agreement, sale, auction or open-house route, necessary repairs and/or improvements, the Landlord/EHR has the right to view the rented housing and/or carry out activities or cause them to be carried out, and the Tenant shall render his co-operation between 9am and 6pm on the understanding that the Landlord notifies this at least 24 hours in advance.
CLAUSE 18 - EHR’S LIABILITY
1. In the event of EHR’s attributable failures in complying with the Agreement, the commissioning authority shall give EHR the opportunity to remedy the failure within a reasonable term. In that case, EHR is not liable to pay further damages of whatever kind.
2. If the commissioning authority cannot reasonably be required to give EHR still the opportunity to comply, the commissioning authority is entitled to declare the Agreement dissolved. In this case, EHR’s liability for possible damage suffered by the commissioning authority is restricted to alternative compensation that is maximally 50% of the amounts excluding VAT, which are invoiced or are to be invoiced by EHR to the commissioning authority on the basis of the said Agreement. Any of EHR’s liability for any possible further damages suffered by the commissioning authority is explicitly excluded, including the additional damages in whatever form, including indirect damages or consequential damage, loss of profits or damage compensation for loss or earnings, or losses due to delays, and etceteras.
3. However, the condition for the event giving rise to any claim by virtue of the provisions in this clause shall always be that a failure which, according to the commissioning authority, is attributable to EHR is notified to EHR in writing as soon as is reasonably possible.
4. EHR is in any case not liable for:
a. damage to and/or theft of objects belonging to the Tenant and/or his family/household;
b. the consequences of visible and/or hidden defects to the rented housing;
c. any disputes between the Tenant and the Landlord about the amount of the rental nor for any consequences of the decision by the Rent Assessment Committee about the (level of the) rent;
d. any other disputes that may occur between the Landlord and the Tenant and which do not come within the scope of EHR’s activities.
CLAUSE 19 - CIRCUMSTANCES BEYOND CONTROL
1. Unforeseen circumstances of whatever nature, as well as mobilisation, war or risk of war, government measures, industrial actions, plant or office occupation, transport strikes, fires, floods, non-compliance, not timely compliance or improper compliance to obligations towards EHR by third parties on whom EHR depends for fulfilling the agreement, for whatever reason except for EHR’s failure towards these third parties, as a result of which EHR cannot carry out the assignment in time or cannot carry out the assignment without efforts and/or costs that are excessively onerous where measured to objective standards, shall be regarded by EHR to be circumstances beyond control. The same applies when EHR would unexpectedly be confronted with illness or an accident of its staff in so far as it involves specialised employees whose replacements cannot be provided in the short term. In this connection, EHR’s partners must be seen as employees.
2. If one of the above-mentioned conditions occurs, the commissioning authority shall give EHR the opportunity to carry out the agreed performance in accordance with the agreement within a reasonable time.
3. This means that EHR’s liability to pay damages for any reason is excluded in case of circumstances beyond control. The parties shall not exercise their authority to dissolve the Agreement for reasons of circumstances beyond their control before one month after the circumstance beyond control has occurred, unless the parties have agreed on a longer time to deliver the agreed performance.
CLAUSE 20 - ANNULMENT/POSTPONED PERFORMANCE
1. If an agreement concluded by EHR with the commissioning authority is dissolved or delayed at the commissioning authority’s request or as a result of a cause attributable to the commissioning authority, EHR is entitled to claim damages from the commissioning authority which is equal to at least 75 % of the value excluded VAT of the activities in question.
CLAUSE 21 - APPLICABLE LAW AND CHOICE OF FORUM
1. Dutch law and these Terms and Conditions shall apply to all agreements to be concluded by EHR, even when the activities carried out take place outside the Netherlands.
2. All disputes which may arise by reason of an agreement to which the present Terms and Conditions apply in whole or in part, or from any further agreements following from it, will be resolved at EHR’s option by the competent court of EHR’s place of business or the commissioning authority’s place of business, unless a mandatory rule dictates otherwise. This shall not affect the validity that EHR may agree with the commissioning authority to let the dispute be settled by independent arbitrage.