Article 1 — Applicability
These Mediation Conditions apply to all offers and to all mediation assignments, as well as the resulting additional mediation agreement(s) and agreements between Ontime Housing B.V. and the home seeker, hereinafter referred to as 'Client'.
Article 2 — Definitions
2.1. Ontime Housing B.V.: A housing brokerage agency registered with the Amsterdam Chamber of Commerce under number: 76077128 to be referred to under web address: https://ontimehousing.nl, hereinafter referred to as 'Estate Agent'.
2.2. Home seeker: Any natural or legal person who instructs the Estate Agent to mediate in the search for housing that does not belong to the Estate Agent's portfolio.
2.3. Mediation is understood to mean: "the best efforts obligation of the Estate Agent aimed at bringing the Client into contact with potential landlord(s) against payment of a brokerage fee" including viewing assistance per Section 7:425 of the Dutch Civil Code.
2.4. Brokerage fee means the consideration owed by the Client to the Estate Agent for mediation work.
2.5. Provisions deviating from these general brokerage conditions form part of the agreement only if expressly agreed in writing.
2.6. "In writing" includes email, fax, or equivalent modern communication methods.
2.7. Documents include written materials and works on other media such as computer disks, USB sticks, or data carriers, unless otherwise agreed.
2.8. The Estate Agent reserves the right to modify general brokerage conditions due to amended regulations.
2.9. Inapplicability of any provision does not affect other provisions' validity.
Article 3 — Agreements, Assignments
3.1. "Oral agreements are only binding for the Estate Agent after these have been confirmed in writing" or when implementation commences with Client consent.
3.2. Changes to general brokerage conditions require written confirmation from the Estate Agent.
Article 4 — Client Obligations
4.1. The Client must provide required information timely and in the Estate Agent's desired format.
4.2. The Client shall cooperate fully and avoid hindering proper agreement execution.
4.3. "If the Client and/or its relations appear to be going to live in a residential space, of which the Client has obtained the data from the Estate Agent, the Client owes the brokerage commission, regardless of whether the lease was concluded through the Estate Agent's mediation."
4.4. The Client remains obligated to pay commission even if they don't occupy the rental property or if the rental agreement terminates.
4.5. If the Client declines rental after agreeing, they owe the full brokerage fee plus indemnification for landlord damages.
4.6. Non-fulfillment of obligations allows the Estate Agent to suspend agreement execution; resulting costs are the Client's responsibility.
Article 5 — Personal Data
The Client's personal data will be included in the Estate Agent's administration. The Estate Agent will not provide information to third parties without Client permission. Data is used exclusively for executing agreements with the Client.
Article 6 — Progress, Execution of Order/Agreement
6.1. "The Estate Agent is obliged to perform the assignment/agreement in an expert, careful manner and in accordance with the standards applicable in its sector."
6.2. The Estate Agent cannot commence work until possessing all necessary information.
Article 7 — Duration of Agreement, Broker's Best Efforts Obligation
7.1. Mediation agreements are for indefinite periods unless otherwise agreed in writing.
7.2. "The Estate Agent will make every effort to the best of its ability and knowledge to achieve the result desired or intended by the Client. This is at all times a best efforts obligation of the Estate Agent and not an obligation of result."
Article 8 — End and Cancellation of Mediation Agreement
8.1. The brokerage agreement ends through:
• fulfillment of the agreement by the Estate Agent
• cancellation by the Client
• cancellation by the broker
8.2. The agreement is fulfilled once the intended result is achieved.
8.3. Both Client and Estate Agent may terminate at any time.
8.4. Termination by notice provides no compensation rights unless termination results from the other party's non-performance.
Article 9 — Brokerage Commission
9.1. The home seeker instructs the broker under the "'No Cure No Pay' principle." Upon suitable accommodation discovery, "the home seeker owes the Estate Agent a brokerage fee (equivalent to one month's rent, including VAT) if the Estate Agent concludes a rental agreement through its mediation." Agency fees must be paid before key delivery.
9.2. Unpaid amounts trigger reminders; after the second reminder, contractual interest (statutory rate) applies. Seven days post-second reminder, a 15% extrajudicial collection fee (minimum €250) is owed, plus actual collection costs.
9.3. The home seeker owes full commission if they later accept previously refused accommodation without broker knowledge.
9.4. "If the home seeker instructs the Estate Agent to mediate in finding a home, the home seeker is obliged to conclude a rental agreement with a home provider through the Estate Agent's mediation. If the rental agreement is concluded in another way, the home seeker will owe the Estate Agent a fine of one month's rent including VAT."
9.5. Before accommodation access, the home seeker must:
• have all parties sign the rental agreement
• pay rent and deposit due
• pay the brokerage commission
9.6. Termination by notice provides no compensation unless resulting from the other party's non-performance.
Article 10 — Liability
10.1. "The Estate Agent is never a party to the lease and is not liable for the content and implementation of the lease." The Estate Agent is not liable for rent, service costs, or fees not conforming to law.
10.2. "The Estate Agent performs its duties as may be expected from a company in its industry, but does not accept any liability for damage, including consequential damage, trading loss, loss of profit and/or stagnation damage, which is the result of acts or omissions of the Estate Agent, its personnel or third parties engaged by it."
10.3. The Estate Agent is not liable for damage from the other rental agreement party's acts or omissions.
10.4. Liability limitations do not apply for intent or willful recklessness.
10.5. Liability is limited to insurance coverage amounts where applicable.
10.6. Without insurance, "the Estate Agent's liability is at all times limited to twice the amount of the brokerage charged and/or to be charged by the Estate Agent to the Client."
10.7. "The Estate Agent is not liable for the consequences of any damage and/or defects to the home that is present when the client accepts the home." Client inspection responsibility and landlord accountability rest with the client.
Article 11 — Competent Court, Applicable Law
11.1. "The agreement concluded between the Estate Agent and the Client is exclusively governed by Dutch law. Disputes arising from this agreement will also be settled under Dutch law."
11.2. Disputes are settled by Dutch courts, though the Estate Agent may bring cases before courts where established.
Questions? Contact us or email info@ontimehousing.nl.