Effective Date: January 1, 2025
Chamber of Commerce Registration Number (KvK): 80242448
1.1 These general terms and conditions apply to all registrations, service agreements, and/or mediation agreements, as well as any supplementary or subsequent agreements and arrangements between Hollandsche Makelaardij and the Client, unless explicitly stated otherwise.
2.1 Hollandsche Makelaardij: The legal entity accepting the registration and/or confirming the mediation or service assignment from the Client.
Registration: The act of registering a person or legal entity with Hollandsche Makelaardij as a prospective tenant.
Client: The person or legal entity engaging Hollandsche Makelaardij to find residential or office space.
Mediation: The provision of services by Hollandsche Makelaardij to facilitate an agreement between the Client and a third party, as defined under Article 7:425 of the Dutch Civil Code.
General Terms and Conditions: These terms and conditions, effective as of January 1, 2025.
3.1 A mediation assignment involves the provision of services by Hollandsche Makelaardij to facilitate an agreement between the Client and a third party, based on the Client’s specifications. Hollandsche Makelaardij is not a party to the agreement between the Client and the third party.
3.2 Registration with Hollandsche Makelaardij and engagement in a mediation assignment do not guarantee finding suitable housing.
3.3 Unless explicitly agreed otherwise in writing, the Client does not authorize Hollandsche Makelaardij to act on their behalf in legal transactions or as a legal agent (Article 3:60 Dutch Civil Code).
4.1 The Client is obligated to pay the full fee for mediation services if, during the term of the assignment, a rental agreement is reached between the Client and a third party offering a property through Hollandsche Makelaardij, even if the agreement was not directly facilitated by Hollandsche Makelaardij.
4.2 The full fee is also owed if the agreement with a third party is concluded after the assignment ends, provided it results from services rendered by Hollandsche Makelaardij.
4.3 If a property is leased by the Client through Hollandsche Makelaardij after prior rejection, the Client remains liable for the full mediation fee unless evidence suggests otherwise.
4.4 Hollandsche Makelaardij may request a retainer before commencing services. This amount will be deducted from the final invoice.
5.1 Fees cover the costs associated with Hollandsche Makelaardij’s services, unless otherwise specified. The fee is typically equivalent to one month’s gross rent (including utilities), with a minimum of €1,800 (excluding 21% VAT).
5.2 Payment of fees is required before accepting the rental property.
5.3 Payment must be made within 7 days of signing the rental agreement or receiving a rejection notice. Failure to pay results in immediate default.
5.4 Late payments incur statutory interest plus 1% and external collection costs of 15% of the invoice amount (minimum €250).
5.5 Hollandsche Makelaardij reserves the right to suspend services if invoices remain unpaid and will not be liable for resulting damages.
6.1 Assignments are considered effective upon verbal or written confirmation or commencement of services.
6.2 Amendments or deviations from the agreement are valid only when confirmed in writing.
6.3 The Client guarantees the accuracy of information provided and will supply all necessary documentation for the assignment.
6.4 Hollandsche Makelaardij will keep the Client informed of progress and provide accountability for completed tasks.
7.1 Agreements are indefinite unless terminated or completed in accordance with these terms.
7.2 The Client may terminate the agreement with two weeks’ written notice.
7.3 Hollandsche Makelaardij may terminate the agreement with immediate effect under specific circumstances.
8.1 Hollandsche Makelaardij’s liability for professional errors is limited to the amount of the fee paid by the Client.
8.2 The Client indemnifies Hollandsche Makelaardij against claims by third parties arising from services provided, except in cases of gross negligence or intent.
8.3 Hollandsche Makelaardij is not liable for indirect damages or inaccuracies in information provided by the Client.
9.1 Complaints must be submitted in writing within 5 working days.
10.1 These terms are governed by Dutch law.
10.2 Disputes will be settled by the Amsterdam court.
11.1 Hollandsche Makelaardij reserves the right to amend these terms at any time.
12.1 These terms apply to registration and mediation unless stated otherwise.
12.2 Changes or deviations from these terms are valid only when confirmed in writing.
12.3 Invalid or unenforceable provisions will be replaced by provisions reflecting the original intent as closely as possible.
12.4 Headings in these terms are for reference only and do not affect interpretation.
12.5 In case of conflict between these terms and specific agreements, the latter prevail.
12.6 Hollandsche Makelaardij reserves the right to amend these terms and conditions at any time.