Terms & conditions

Terms & Conditions

 

Article 1 - Definitions

General Terms and Conditions: the present general terms and conditions governing the legal relationship between Housing by Wendy and the landlord.

Agreement: the assignment agreement between Housing by Wendy and the landlord regarding residential accommodation.

Client: the landlord, legal entity or natural person, who assigns Housing by Wendy to mediate in the establishment of a rental agreement concerning residential accommodation.

 

Article 2 - General

These terms and conditions apply to every offer, quotation, agreement, and all activities performed by Housing by Wendy, unless expressly agreed otherwise by the parties in writing.

These terms and conditions also apply to agreements with Housing by Wendy for the execution of which third parties must be engaged by Housing by Wendy. The applicability of any purchase or other conditions of the Client is expressly rejected.

If one or more provisions in these general terms and conditions are wholly or partially void or annulled at any time, the remaining provisions shall remain fully applicable. Housing by Wendy and the Client shall then consult to agree on new provisions replacing the void or annulled provisions, while observing the purpose and intent of the original provisions as much as possible.

If ambiguity exists regarding the interpretation of one or more provisions of these general terms and conditions, the interpretation shall be made "in the spirit" of these provisions.

If a situation arises between the parties that is not regulated in these general terms and conditions, such situation shall be assessed in the spirit of these general terms and conditions.

If Housing by Wendy does not always require strict compliance with these conditions, this does not mean that the provisions thereof are not applicable, or that Housing by Wendy would lose the right to demand strict compliance in other cases.

 

Article 3 - Quotations and Offers

All quotations and offers from Housing by Wendy are non-binding unless a term for acceptance has been stated in the quotation.

If no acceptance term has been stated, no rights can be derived from the quotation or offer if the product to which the quotation or offer relates is no longer available in the meantime.

Housing by Wendy cannot be held to its quotations or offers if the Client can reasonably understand that the quotation or offer contains an obvious mistake or clerical error.

The prices stated in a quotation or offer include VAT.

If the acceptance deviates from the offer included in the quotation or proposal, Housing by Wendy shall not be bound by it unless Housing by Wendy indicates otherwise.

A composite quotation does not oblige Housing by Wendy to perform part of the assignment for a corresponding part of the quoted price.

Offers and quotations do not automatically apply to future orders.

 

Article 4 - Duration of Agreement; Execution Periods; Amendments

The agreement between Housing by Wendy and the Client is entered into for an indefinite period unless the nature of the agreement dictates otherwise or the parties expressly agree otherwise in writing.

If a deadline has been agreed for the execution of work or delivery of goods, this shall never be considered a strict deadline.

Housing by Wendy shall execute the agreement to the best of its knowledge and ability and in accordance with the standards of good workmanship.

Housing by Wendy is entitled to engage third parties for the execution of certain activities without informing the Client.

The Client shall ensure that all information necessary for the execution of the agreement is provided to Housing by Wendy in a timely manner.

If the required information is not provided on time, Housing by Wendy is entitled to suspend execution of the agreement and charge additional costs resulting from the delay.

The Client is responsible for obtaining all required permits and approvals (for example from a homeowners association or mortgage lender). Housing by Wendy bears no responsibility in this regard.

 

Article 5 - Suspension, Dissolution and Interim Termination

The Client has the right to cancel an agreement before Housing by Wendy has commenced execution, provided the Client compensates Housing by Wendy for any damages suffered, including loss of profit and preparatory costs.

If the Client cancels an assignment after Housing by Wendy has commenced execution, the Client shall compensate all costs incurred, hours worked, reserved labour time, and damages suffered by Housing by Wendy.

Housing by Wendy is entitled to terminate any agreement immediately by written notice if the Client has withheld information that would have affected Housing by Wendy's decision to enter into the agreement.

Housing by Wendy may suspend or terminate the agreement if the Client fails to fulfil obligations arising from the agreement.

If the Client is declared bankrupt, applies for suspension of payments, dies, is placed under guardianship, or fails to pay invoices on time, Housing by Wendy is entitled to terminate the agreement immediately.

Housing by Wendy shall never be obliged to refund amounts already paid in the event of cancellation or dissolution.

 

Article 6 - Force Majeure

Housing by Wendy is not obliged to fulfil any obligation towards the Client if prevented from doing so by circumstances beyond its control.

Force majeure includes all external causes, foreseen or unforeseen, over which Housing by Wendy has no influence and which prevent Housing by Wendy from fulfilling its obligations.

During force majeure, Housing by Wendy may suspend obligations under the agreement.

If the period of force majeure lasts longer than two months, either party may dissolve the agreement without compensation.

 

Article 7 - Payment and Collection Costs

Payment must be made within 14 days after the invoice date unless otherwise agreed in writing.

If the Client fails to pay on time, the Client shall be in default by operation of law and owe interest of 1% per month unless the statutory interest is higher.

All judicial and extrajudicial collection costs shall be borne by the Client.

The Client is never entitled to set off amounts owed to Housing by Wendy.

Complaints regarding invoices do not suspend the payment obligation.

 

Article 8 - Complaints

Complaints regarding services performed by Housing by Wendy must be submitted in writing within seven days after execution.

If a complaint is justified, Housing by Wendy shall either perform the work again as agreed or seek another acceptable solution.

 

Article 9 - Liability

Housing by Wendy is not liable for damages resulting from incorrect or incomplete information provided by or on behalf of the Client.

If Housing by Wendy is liable for any damage, liability shall be limited to a maximum of the invoice value of the assignment.

Housing by Wendy is only liable for direct damages.

Housing by Wendy is never liable for indirect damages, including consequential damages, loss of profit, lost savings, or business interruption.

Housing by Wendy may screen potential tenants but cannot be held liable for damages caused directly or indirectly by tenants.

Renting to third parties is entirely at the Client's own risk.

The limitations of liability do not apply in cases of intent or gross negligence by Housing by Wendy.

 

Article 10 - Contacting Third Parties

Housing by Wendy has the right to contact tenants of the Client's accommodation for the provision of services, for example tourism-related services.

 

Article 11 - Indemnification

The Client indemnifies Housing by Wendy against claims from third parties suffering damages related to the execution of the agreement where the cause is attributable to parties other than Housing by Wendy.

If Housing by Wendy is held liable by third parties, the Client shall assist Housing by Wendy both in and out of court.

 

Article 12 - Applicable Law and Disputes

All legal relationships involving Housing by Wendy are exclusively governed by Dutch law.

The applicability of the Vienna Sales Convention is excluded.

The court in Amsterdam shall have exclusive jurisdiction unless mandatory law provides otherwise.

The parties shall first make every effort to resolve disputes amicably before submitting them to court.

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