Your partner for housing your staff
Legal Notes StaffHousing BV
These general terms and conditions apply to every registration, contract for services and / or mediation, as well as the resulting additional and / or subsequent agreement (s) and agreements between Staffhousing BV (hereinafter: 'Staffhousing') and the Client, unless otherwise ensues from these provisions.
Staffhousing: the (legal) person who accepts the registration and / or who accepts the assignment for services or mediation from the Client by virtue of the order confirmation.
The home seeker: the registration of a (legal) person with Staffhousing as a home seeker.
The Client: the registration of a (legal) person who provides Staffhousing with the assignment to find or rent a residential and / or office space.
Mediation: an assignment to provide services with regard to mediation by Staffhousing in the realization of an agreement between the Client and a third party, as referred to in Article 7: 425 BW.
3. The home seeker
3.1 A (legal) person who is registered as a home seeker with Staffhousing.
3.2 The registration with Staffhousing gives the right to access to the current rental offer of Staffhousing. Registration is strictly personal and non-transferable.
3.3 The registration is valid during the period for which it was entered, depending on the choice of the Home seeker. The day of registration (via the internet) is the starting date. The registration will only become active if Staffhousing has received all requested data completely and truthfully with an agreement to the general terms and conditions.
3.4 Registration ends automatically after the period for which it has been entered into. The Client / Home seeker is not entitled to a full or partial refund of any registration fee if the registration ends prematurely.
3.5 Staffhousing is entitled to terminate the registration with immediate effect without further notice of default or judicial intervention and / or to block access to the account in whole or in part and whether or not temporarily if the Client has one or more obligations, including payment of the registration fee and correct input of data, towards Staffhousing not properly or completely. Staffhousing will then not owe a full or partial refund of any registration fee.
3.6 After registration, the Client / Home seeker is connected to the Staffhousing e-mail service. The Client / home seeker also receives personal login details for the Staffhousing internet site.
3.7 If a client / home seeker is interested in (a) certain home (s), this must be indicated online and / or made known or to an employee of Staffhousing. Staffhousing takes care of the appointments for free viewings. During viewings, the client / home seeker is in principle accompanied by an employee of Staffhousing, who provides a tour. The viewing options are unlimited for a home seeker.
3.8 All publications of offers, discount propositions and competitions on www. athomevastgoed.nl, in e-mail newsletters or other communications from Staffhousing are subject to changes. Staffhousing is not liable for any inaccuracies in publications made for third parties.
3.9 Any complaints regarding the registration or the assignment can be submitted by sending a letter to Staffhousing, attn. Complaints Department, Gedempte Zalmhaven 95, 3011 BT in Rotterdam.
3.10 Registration with Staffhousing does not guarantee finding or renting out (suitable) accommodation.
4. Content of the assignment in mediation
4.1 Without prejudice to what is described in articles 6 to 11 of these general terms and conditions, articles 4 and 5 apply to an agreement for mediation between Staffhousing and the Client.
4.2 An agreement for mediation is understood to mean an instruction to provide services with regard to mediation by Staffhousing in the formation of an agreement between the Client and a third party, as referred to in Article 7: 425 BW, whereby at least at least the specifications given by the Client are met. Staffhousing is not a party to the agreement between the Client and a third party.
4.3 Staffhousing can only mediate on behalf of the client in the realization of agreements for the rental / rental of immovable property.
4.4 Unless the parties explicitly agree otherwise in writing, the Client and Staffhousing do not intend that Staffhousing will be authorized by the Client, as referred to in Article 3:60 of the Dutch Civil Code, to perform legal acts in its name. or that Staffhousing performs legal acts on behalf of the Client on the basis of a mandate, as referred to in Article 7: 414 BW.
5. Fee for mediation
5.1 The Client owes the full payment for the work if during the term of the assignment a (rental) agreement is concluded between the Client and a third party, even if the conclusion of this agreement is not the result of the work provided by Staffhousing. services, unless explicitly agreed otherwise in the order agreement / order confirmation.
5.2 The Client owes the full fee for the work if the agreement with a third party is indeed concluded after the assignment agreement between Staffhousing and the Client (by cancellation or otherwise) has been terminated, but the agreement with a third party is concluded if as a result of the services provided by Staffhousing and / or because the Client has acted contrary to Article 5 paragraph 1 and Article 6 paragraph 4 below and / or because the Client has negotiated with third parties outside of Staffhousing for the duration of the agreement. to conclude an agreement or if, despite an irrevocable offer from the Client to enter into a rental agreement, the Client does not fulfill the rental agreement upon acceptance by third parties or rejection by third parties due to circumstances not attributable to third parties lead to no lease is concluded.
5.3 If an agreement is concluded between the Client and a third party after the date of termination of the assignment agreement, this agreement will be deemed to have been concluded through the mediation of Staffhousing, subject to proof to the contrary to be provided by the Client and the The client owes the full fee, unless the law would oppose this.
5.4 If the Client, after giving an agreement on the living space / tenant, verbally or in writing, for renting / letting the object, for reasons which cannot be attributed to Staffhousing, no longer wishes to rent the object offered / rent, the Client is obliged to compensate Staffhousing for the damage it has suffered. The aforementioned damage will in any case consist of the mediation fee foregone by Staffhousing and any contract costs (including VAT) that would normally be paid by the Client. In addition, the Client is obliged to compensate any damage suffered by the relevant Landlord / tenant.
5.5 If the client / home seeker has found the house himself on the Staffhousing site and an agreement is concluded with the landlord, the home seeker will not owe Staffhousing any mediation costs.
6. General assignment
6.1 The Client will provide Staffhousing with all information and documents that are necessary in the context of the execution of the assignment, and the Client guarantees the correctness thereof.
6.2 Every assignment is deemed to be given to and accepted by Staffhousing, even if it is the explicit or tacit intention of the Client that the assignment is carried out by one or more specific persons employed by Staffhousing. Staffhousing is permitted to have the work carried out within the framework of the assignment or to have it carried out by third parties (for example specialized construction inspectors), who are not employed by it, provided that the Client has given prior permission for this. The effect of Article 7: 404 Dutch Civil Code (BW) and Article 7: 407 paragraph 2 of the Dutch Civil Code, which establishes joint and several liability if several persons have been commissioned, is excluded.
6.3 The Client refrains from all activities that could interfere with the assignment to Staffhousing and / or that could hinder Staffhousing in the execution of the assignment.
7. Amount of compensation and payment
7.1 The fee (s) for the work referred to in the order confirmation (the wages as referred to in article 7: 405 or article 7: 426 BW) includes the payment of the expenses incurred and to be incurred by Staffhousing in connection with the order, unless stipulated otherwise in the order confirmation. The fee 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 rental, unless stated otherwise in the order confirmation. If the home seeker has found the home himself on our site, he does not owe any compensation to Staffhousing.
7.2 The fee (s) as referred to in Articles 5 and 7 are increased by 21% VAT and must be paid before accepting / renting out the accommodation.
7.3 The Client serves t to pay Staffhousing the wages and any (contract) costs within 3 days after the acceptance of the rental of a residential space and at the latest at the same time as the first rental period and other rental costs, as indicated in the Order Confirmation. If the Client owes the wages and any (contract) costs while the lease has not been concluded as referred to in article 5.2, payment must be made within 3 working days after receipt of the rejection by the landlord / tenant. In the event of non-payment, the Client will immediately be in default without further notice of default and the statutory interest plus 1% will be owed on each day that payment is not made. Furthermore, the client will owe extrajudicial collection costs of 15% of the wages with a minimum of € 250.
8.1 The assignment agreement has been entered into for an indefinite period of time with effect from the date on which the assignment was given to Staffhousing.
8.2 The agreement ends (among other things) by cancellation or because the work to be performed within the framework of the assignment has been completed.
8.3 All parties are authorized to cancel this agreement at any time. The Client can unsubscribe via the website.
8.4 Staffhousing is authorized to terminate the agreement between Staffhousing and the client with immediate effect by means of an E-mail, if, among other things (and therefore not exclusively):
a) the Client acts in violation of any provision of the contract for services, these general terms and conditions or with other agreements of whatever nature concluded between Staffhousing and the Client, and such a default is not within 7 days after the sending date of the notice of default discontinued, without prejudice to Staffhousing's right to full compensation or fulfillment;
b) in the event of bankruptcy, (provisional) suspension of payments, a private agreement with creditors or the application of the debt rescheduling scheme for natural persons;
c) if, in the opinion of Staffhousing, there is a serious disruption of the relationship between Staffhousing and the Client;
d) if the Client is seriously compromised commercially;
e) if the Client establishes itself outside the Netherlands and this causes insurmountable problems for Staffhousing;
f) if it appears that the Client has provided Staffhousing with incorrect information when entering into the agreement of such a nature that, if Staffhousing would have been aware of this information, the agreement would not have been concluded or not under the same conditions;
g) if there are other circumstances that, in the opinion of Staffhousing, oppose continuation of the agreement.
8.5 Without prejudice to the Client's obligation to pay compensation for the work and expenses, the parties cannot derive any right to compensation from the termination of the agreement, unless terminated on the grounds of breach of contract.
8.6 Articles 8.1, 8.2 and 8.3 do not apply to the registration as referred to in Article 3.
9.1 Staffhousing is limited liable for the consequences of professional errors. In the unlikely event that during the execution of the assignment an event - including an omission - takes place that leads to liability, the liability of Staffhousing is limited to an amount not exceeding the compensation that the Client has paid to Staffhousing and as referred to in Article 7.1.
9.2 The Client indemnifies Staffhousing against all claims from third parties, including the reasonable costs of legal assistance, which are in any way related to the work performed by Staffhousing for the Client, unless these claims are the result of gross negligence or intent on the part of Staffhousing.
9.3 The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of Staffhousing.
10. Applicable law / competent court
10.1 Dutch law applies to the assignment agreement and all agreements arising from it.
10.2 All disputes that may arise as a result of the assignment agreement or of further agreements that may result from it, will be settled by the competent court in Rotterdam.
11.1 These general terms and conditions apply to registration and mediation, insofar as it does not follow otherwise from these provisions.
11.2 Client is aware that Staffhousing mediates on his behalf between him and the tenant / landlord. The Client is also aware that in order to guarantee the quality of the mediation, not only the antecedents of the tenant / landlord but also those of the landlord / tenant are being investigated. Insofar as there may also be a mandate / order for mediation on the part of the leased / tenantr, the Client hereby gives his approval for this.
11.3 Changes in or deviations from these general terms and conditions, agreement (s) concluded between the parties and / or additional or deviating stipulations are only valid if the parties have recorded and signed them in writing.
11.4 The nullity or non-binding of a provision of these general terms and conditions or the contract for services does not mean that the general terms and conditions or the contract for services are / is void or non-binding in their entirety. Instead of the invalid or invalid provision, the parties will agree on a suitable arrangement that approximates the intention of the parties and the economic result they pursue in a legally effective manner as closely as possible.
11.5 Failure by a party to take any action in the event of breach of contract with regard to any provision of these general terms and conditions or the contract for services by the other party or the permitting or tolerance of a deviation from any provision of these general terms and conditions or the contract for services cannot be regarded as a waiver of rights.
11.6 Unless otherwise provided in these general terms and conditions and / or the assignment agreement, the rights and obligations described in these general terms and conditions and / or the assignment agreement are not transferable, unless with the written consent of all parties.
11.7 The inscriptions ("headings") above the various provisions in the agreement or the general terms and conditions have no independent meaning. These headings have only been added for the sake of clarity and do not affect the interpretation of the provisions in this agreement.
11.8 If any provision in the agreement (s) concluded between Staffhousing and the Client is in conflict with any provision of these general terms and conditions, the provision of the agreement (s) will prevail.
11.9 The Dutch text of the general provisions prevails over any translations thereof.