Article 1: Definitions
- 1.1. 'RegionApartments.com' is the trademark of the limited liability company Blue Diamond Internet Services B.V., with offices in Schiphol-Rijk (CoC number 56758480), mediating between renters and landlords;
- 1.2. 'Residence seeker': every natural person or legal entity looking for residences, and who wants to be informed about the available residences provided by RegionApartments.com for residence seekers and also contract party at RegionApartments.com for the agreement between RegionApartments.com and resident seeker;
- 1.3 'Landlord': the (legal) entity that has expressed the desire to rent out a certain residence;
- 1.4 'Internet site': the website www.RegionApartments.com;
- 1.5. 'Material': among others the information provided per email by RegionApartments.com regarding the residences available for rent;
- 1.6 'Contract period': period of one month starting after activating an account;
- 1.7 'Subscription': the paid subscription to RegionApartments.com. A subscription exists if the residence seeker actually activates his / her account at which point the residence seeker owes RegionApartments.com a subscription fee;
- 1.8 'Agreement': called 'the agreement' in this general conditions. The agreement between residence seeker and RegionApartments.com is meant, which exists when residence seeker creates an account to which this general conditions are applicable;
- 1.9 'Abuse': sending an email to RegionApartments.com which violates the rights or privacy of others, such as sending unrequited information or spam, making grievous or insulting statements, violation intellectual trademarks or undisclosing or copying material without permission;
- 1.10 'Account': an account is a profile in which the residence seeker can present themselves and which can be approached by potential landlords by logging in to the homepage of RegionApartments.com When a residence seeker only registers and does not activate his / her account, potential landlords cannot invite the residence seeker for a possible viewing;
- 1.11 'Inactive account': a free account;
- 1.12 'Active account': when a residence seeker actually activates his / her account, a subscription then exists and the residence seeker owes a subscription fee to RegionApartments.com;
Article 2: Applicability
- 2.1 These general conditions are applicable to all accounts created by visitors of the website and are irrevocably connected to these accounts. RegionApartments.com will include these general conditions in the account created by the visitor of the website. The residence seeker will always have the opportunity to view the general conditions. Before the visitor of the website creates his / her account, RegionApartments.com will notify him / her of the applicable general conditions and have the general conditions be accepted by a check mark.
- 2.2. Regulations deviating from these general conditions are only valid in so far they have been confirmed in writing by RegionApartments.com.
- 2.3 If a certain regulation of these general conditions is void or terminated, all other regulations will be completely in effect.
Article 3: Agreement
- 3.1 These general conditions are integral part of the each agreements entered into by RegionApartments.com and the residence seeker or the renter.
- 3.2. Regulations deviating from these general conditions are only valid in so far they have been confirmed in writing by RegionApartments.com.
- 3.3 RegionApartments.com tries to mediate between renters and landlords by notifying residence seekers of available residences and notifying landlords of interested residence seekers. RegionApartments.com only has a facilitating role in this, and cannot be held responsible for the conclusion of the agreements between renters and landlords and / or the content of these agreements.
- 3.4 The agreement with the residence seeker is entered into when he / she registers with his / her email address and this registration is received by RegionApartments.com. The agreement with the landlord is entered into when he / she registers available residences on the website or by email at RegionApartments.com and it has been received by RegionApartments.com.
Article 4: Duration and termination of the agreement
- 4.1 The agreement and the resulting subscription is entered into for the duration of the contract period and can start at every desired day of the month.
- 4.2 Unless one of the parties cancels the agreement, the agreement will be automatically extended for the duration of the contract period.
- 4.3 Cancellation is still possible near the end of the valid contract period. If the residence seeker cancels the contract before the end of the period, the agreement is terminated. Residence seeker will not be owed restitution of the subscription free for the remaining days of the contract period. A notification period of 1 day is in effect at cancellation.
- 4.4 Cancellation needs to occur using the relevant components of the website.
Article 5: Costs
- 5.1 Registration of an inactive account at RegionApartments.com by a residence seeker is completely free.
- 5.2 If the residence seeker wants to activate the account, there are relevant costs.
- 5.3 An active account has recurring costs. Recurring costs are automatically deducted at the end of the contract period. Interim termination does not guarantee a refund. There is an exception for the condition that Blue Diamond Internet Services B.V. has not been able to provide a residence offer in the first 30 days. In that case, the residence seeker can demand a refund. This needs to occur in writing within 14 days of the end of the period.
Article 6: Abuse
- 6.1 RegionApartments.com can immediately terminate the agreement with the residence seeker or renter at abuse, without prior notification or discussion with the residence seeker or renter.
- 6.2 RegionApartments.com has the right to charge an immediately claimable fine of € 1.000,00 (thousand Euro) without prior notification of notice of default and without court intervention for each claim of abuse to the residence seeker or renter, in which the abuse of (personal) information, photo or other materials functions as one claim, without prejudice to the right of RegionApartments.com to take any other judicial measures against the residence seeker or renter, and claim compensation for damages resulting from the abuse by the residence seeker or renter.
Article 7: Methods
- 7.1 RegionApartments.com is only a "relay station" and offers the opportunity to residence seeker and landlord to get in touch. Any results with regards to the service is not guaranteed. The manner of a possibly created rental agreement means that the landlord has the choice to enter into a rental agreement with the residence seeker. RegionApartments.com is not involved in anyway in the creation of a possible rental agreement and the conditions of this.
Article 8: Liability
- 8.1 RegionApartments.com is not liable for the correctness and / or the current status of the available residences for the residence seeker or the landlord.
- 8.2 RegionApartments.com is not liable for the creation of a rental agreement for the residence seeker or the landlord.
- 8.3 RegionApartments.com is never liable for the possible (resulting) damages or the residence seeker or the landlord or other parties. The residence seeker or landlord will not hold RegionApartments.com responsible for claims of other parties for (resulting) damages relevant to this agreement.
- 8.4 If and in so far a (Dutch) legal institution nevertheless decides that RegionApartments.com is responsible for the (resulting) damages of the residence seeker or the landlord or another party and has to pay the damages in part or in whole, the height of the damages paid is limited to an amount of € 250,00.
- 8.5 Residence seeker and the landlord need to have knowledge of the Regulation on the residence and chamber mediation offices 2006 and operate in compliance with these regulations when the object that is rented is located in Amsterdam or the surrounding region.
- 8.6 In entering into the agreement, the residence seeker gives RegionApartments.com the permission to respond to every residence that matches the selection preferences of the profile of the residence seeker.
Article 9: Information
- 9.1 RegionApartments.com has the right to use the information provided by the residence seeker or renter and provide it to other parties for statistical and commercial means.
- 9.2 The residence seeker agrees that the information processed by RegionApartments.com, and the result of the processed information, does not violate this applicable laws, such as the Law Protection Personal Information.
- 9.3 The residence seeker will exempt RegionApartments.com of all claims by third parties based on the statement that the processed information, the processing of information and /or the result of this process is violating the applicable laws.
- 9.4 RegionApartments.com is not liable for the correctness and / or the current status of the available residences for the residence seeker or the landlord.
Article 10: Applicable law and authorised judge
- 10.1 With regards to the performance of the agreement indicated in 1.8 and the application of these general conditions of Website, the registered offices are the offices of RegionApartments.com. Possible conflicts with regards to the performance of operation of this agreement, need to be pursued at the district court in Arnhem. The district court in Arnhem is therefore the authorized judge.
- 10.2 Dutch law is applicable to the agreement indicated in 1.8.
Article 11: Requests / Permission
- 11.1 If the residence seeker requires a modification and / or addition to the agreement indicated in 1.8 or any of its additional conditions, residence seeker needs to submit his / her request in writing.
- 11.2 If and in so far the permission of RegionApartments.com is required in any condition in this agreement, it is only granted if it has been provided in writing.
- 11.3 A permission granted by RegionApartments.com is only valid once and is not in effect for other or following instances. RegionApartments.com has the right to apply conditions to its permission.
Article 12: Termination of agreement or use
- 12.1 If the residence seeker does not adhere to one of the conditions of the agreement indicated in 1.8 and / or one of these general conditions, RegionApartments.com can terminate the rental agreement without court intervention, without any notification of being held in default, and residence seeker will still owe the subscription fee, costs and damages.
Article 13: Interim termination, being in default
- 13.1 If the residence seeker does not pay the owed amount at the designated times; does not adhere to any of the regulations indicated in the agreement in 1.8; does not adhere to any conditions applicable to permission granted by RegionApartments.com; loses the free control of his capital or part thereof; is not a natural person, loses his legal entity status, is dissolved or factually liquidated; is placed in default; is offered an agreement of bankruptcy and the goods of the renter are seized; passes away; RegionApartments.com has the right to terminate the agreement indicated in 1.8 in the interim. There will be only given a prior notification is the law demands so. Residence seeker will be held in default by a single expiration of a certain period or by the occurrence of a situation as indicated above.
- 13.2 Residence seeker shall owe RegionApartments.com all damages, costs and interest resulting from a situation as indicated in 13.1 and resulting from an interim termination, even in the case of bankruptcy of delay of payment.
- 13.3 These damages are the subscription fees, the value added tax, and other owed amounts, as well as the costs of all measures both judicial and extrajudicial, taken by RegionApartments.com, including those of legal assistance with regards to a situation as indicated in 13.1.
- 13.4 The conditions in 13.1 to 13.3 do not exclude the authorization of RegionApartments.com to use its others rights, including the right to pursue compensation.
Article 14: Extrajudicial costs
- 14.1 In all instances where RegionApartments.com needs to issue a summation, a notification of default or a summons, or in cases of procedures against residence seeker to force the performance of the agreement or evacuation, the residence seeker is obliged to pay all made costs, both judicially and extrajudicially - with exception of a court decision resulting in RegionApartments.com paying all process costs. The made costs are confirmed by the parties beforehand, to an amount not lower than the usual rates charged by court enforcement officers.
Article 15: Payments
- 15.1 The subscription fee will be paid by the residence seeker to RegionApartments.com using automatic direct debit deposit. The residence seeker has agreed to the automatic withdrawal of the subscription amount owed. The residence seeker needs to ensure that the amounts are available on his / or provided account, so that automatic withdrawal can occur.
- 15.2 If the withdrawal of the subscription fee cannot occur by automatic direct debit withdrawal, RegionApartments.com has the right to charge the legal interest to the residence seeker with prior notification or placing in default from the day of expiration to the day of complete payment. All extrajudicial costs made by RegionApartments.com for the charge, are for the account of the residence seeker.
- 15.3 RegionApartments.com will notify the residence seeker of any increases of the subscription fee at least one month prior before the start of the new monthly term.
- 15.4 The payment of subscription fees and all other fees owed pursuant to this agreement, will be paid before the final date of the period in legal Dutch currency - without any delay, discount, deduction or settlement owed or thought to be owed by RegionApartments.com - occur by payment or direct debit to an account provided by RegionApartments.com. RegionApartments.com has the right to make changes to the place or manner of payment by notification on the created account on the website of RegionApartments.com. RegionApartments.com has the right to determine which open claim from the agreement can be deducted, unless residence seeker expressly indicates otherwise at payment. In the last case, that indicated in article 6:50 CV is not applicable.
Article 16: Joint and several liability
- 16.1 iIf several (natural or legal) entities have joined as residence seeker, they are joint and severally liable for and each for the whole liable for RegionApartments.com for all commitments resulting from the agreement indicated in 1.8.
- 16.2 Delay of payment or remission by RegionApartments.com to one of the residence seekers or an offer of that only regards that specific residence seeker.
- 16.3 The commitments from the rental agreement are, also regarding heirs and assignees, joint and severally liable.
- 16.4 The residence seeker can terminate the agreement with RegionApartments.com at all times.
Article 17: Applicable law and authorised judge
- 17.1 With regards to the performance of the agreement indicated in 1.8 and the application of these general conditions of Website, the registered offices are the offices of RegionApartments.com. Possible conflicts with regards to the performance of operation of this agreement, need to be pursued at the district court in Arnhem. The district court in Arnhem is therefore the authorized judge.
- 17.2 Dutch law is applicable to the agreement indicated in 1.8.
Article 18: Data Protection Act
- 18.1 if the residence seeker is a natural person, the personal information of the residence seeker can be recorded in a personal registration by RegionApartments.com. The residence seeker is aware of the fact that RegionApartments.com forwards personal information to potential landlords and agrees with this.
Article 19: Complaints
- 19.1 The residence seeker will present any possible claims or desires in writing.
20.1 If a part of the agreement or of there general condition is void or terminable, it does not effect the validity of the other parts of the agreement or the general conditions. In that case, that which is legally closest to the void or terminable parts of the agreed upon instances is applicable, if they were aware of the terminability.