Terms & Conditions

Expat Home Finders (EHF) General Terms & Conditions

Expat Home Finders

Registered at the Chamber of Commerce/KvK under number 94724318
Address: De Lierhof 21, 1059 WB Amsterdam, The Netherlands

Article 1: Definitions

1.1 The capitalized words are defined as follows in these General Terms and Conditions unless expressly indicated otherwise or determined otherwise by the context:

Company: The legal entity or the natural person who acts in the pursuit of his profession or company.

Expat Home Finders (EHF): The user of these General Terms and Conditions, EHF, established at De Lierhof 21, 1059 WB Amsterdam, The Netherlands,Registered at the Chamber of Commerce/KvK under number 94724318.

Rental Agreement: The rental agreement or a comparable agreement between the Client and a lessor.

Client: The natural person or legal entity who concluded an agreement with EHF.

Agreement: The agreement between EHF and the Client, including any Service Agreements(SAs), by which EHF brokers the rental of a property for the Client.

Natural Person: A natural person not acting in the pursuit of his profession or a company.

Services: All services provided by EHF as outlined in the relevant SA, including but not limitedto property searches, viewings, offer submissions, and check-ins.

In Writing/Written: In writing or by email.

Third Parties: Any contractors, service providers, or third-party entities involved in providing services to the Client on behalf of EHF.

Termination: The act of dissolving the agreement, either by EHF or the Client, as outlined in Article 10.

1.2 Unless the context determines otherwise, the definitions set out above used in the singular will also refer to the plural

Article 2: Applicability

2.1 These general terms and conditions govern all Agreements concluded between EHF (EHF)and the Client in relation to property rental services and any related consultancy.

2.2 Any deviations from these general terms and conditions are only valid if agreed upon inWriting by both parties.

2.3 These general terms and conditions also govern additional engagements and anysubsequent engagements related to property rental services provided by EHF. If the Client haspreviously entered into an agreement with EHF subject to these general terms and conditions,the Client is deemed to have accepted the applicability of these terms to any future Agreementswith EHF, unless expressly agreed otherwise.

2.4 EHF expressly rejects the applicability of any general (purchase) conditions of the Client orother Third-Party entities unless explicitly accepted in writing by EHF.

2.5 If one or more provisions of these general terms and conditions are found to be invalid orvoid, the remaining provisions will remain in full force and effect. EHF will endeavor to replacethe invalid or void provisions with provisions that reflect the original purpose and scope as closely as possible.

2.6 EHF’s decision not to require strict compliance with any provision of these general termsand conditions at any given time does not waive EHF’s right to require strict compliance withthose provisions at any other time.

2.7 EHF reserves the right to amend these general terms and conditions during the term of anyAgreement. The Client will be informed in writing of any new version of these terms and theireffective date. If the amended terms materially impact the Client, the Client has the right toTerminate the Agreement by providing In Writing, effective from the date the amended terms come into effect.

Article 3: Formation of Agreement

3.1 Agreements are formed when the Client accepts these general terms & conditions andeither signs an SA or makes the deposit payment specified in the SA.

3.2 EHF is only bound by oral Agreements once they are confirmed in writing or EHF hascommenced Services with the Client’s consent.

3.3 Any changes or additions to the Agreement will only be valid if agreed upon In Writing byboth parties.

3.4 The Client acknowledges that Services provided under the Agreement are subject to thesegeneral terms & conditions.

Article 4: Offers

4.1 All offers from EHF are non-binding unless explicitly stated otherwise.

4.2 Any errors or mistakes in EHF’s offers, Agreements, or communications will not be bindingon EHF.

4.3 EHF reserves the right to modify or withdraw offers if circumstances change before anAgreement is signed.

4.4 Listed prices and rates do not apply automatically to future Agreements.

Article 5: Reflection Period

5.1 If the client is a natural person acting as a consumer, they have the right to dissolve the agreement concluded remotely or outside EHF's offices for a period of 14 days following its conclusion. Such dissolution can be done by providing a written statement to EHF.

5.2 If the client requests EHF to start executing the agreement before the end of the reflectionperiod, and the client then dissolves the agreement during the reflection period, EHF is entitledto charge the client for the portion of services already rendered on a pro-rata basis.

Article 6: Cancellation

6.1 If the Client is a Company and cancels the Agreement or if the Client is a Natural Person who cancels the Agreement after the expiry of the dissolution period, the work already performed up to the moment of cancellation will be charged to the Client.

6.2 Cancellation must take place In Writing.

Article 7: Effective Period of the Agreement and Termination of the Agreement

7.1 The Agreement will be concluded for a definite period of 12 weeks

7.2 The Agreement will end:
a. After the effective period unless the parties agree to renew the Agreement;
b. Because of the completion of the Agreement;
c. Because of cancellation of the order by the Client;
d. Because of dissolution by either party

7.3 In case of rental, the Agreement will be completed at the moment on which the Client and the lessor sign the Rental Agreement.

Article 8: Amendments to the Agreement

8.1 If it becomes clear during the execution of the Agreement that the work to be performed must be amended or supplemented to ensure its proper execution, the parties will mutually decide to amend the agreement in a timely fashion.

8.2 EHF will inform the Client if the amendment or addition to the Agreement has financial and/or qualitative consequences

Article 9: Execution of the Agreement

9.1 All obligations of EHF arising from the agreement are best-effort commitments.

9.2 EHF will carry out its work to the best of its ability as a careful professional. However, EHF cannot guarantee that it will achieve any intended result. EHF does not guarantee that it will find a suitable property for the Client or that a property in which the Client is interested can be visited.

9.3 EHF has the right to engage third parties, purchase goods from third parties, engage services from third parties, and to have the Agreement fully or partially implemented by third parties, without the need for prior notice to the Client.

9.4 EHF will never be required to perform work that violates its professionalism, a right of a third party, a statutory obligation, or common ethical standards.

9.5 EHF will inform the Client of the progress of the work at its request

Article 10: Execution Period

10.1 If EHF and the Client have agreed on an execution period for the work, this period will only be indicative. EHF does not offer any guarantees in relation to the agreed execution periods and late execution does not give the Client the right to claim compensation.

10.2 If a communicated delivery period is exceeded due to an event beyond to control of EHF which cannot be attributed to it, as, inter alia, set out in Article 17 of the general terms and conditions, this period will be automatically renewed by the period with which it exceeded the delivery period due to such an event.

Article 11: Obligations of the Client

11.1 The Client will ensure that all data designated by EHF as necessary for the execution of the Agreement or of which of the Client should reasonably understand their necessity will be made available to EHF in a timely fashion

11.2 If the information provided by the Client is incomplete and/or incorrect, any consequences will be entirely at the expense and risk of the Client.

11.3 The Client is required to immediately inform EHF of any facts and circumstances that may be relevant to the execution of the Agreement.

11.4 The Client will refrain from all activities that may impede the engagement granted to EHF and/or which could hinder EHF in the execution of the engagement.

11.5 The Client indemnifies EHF against any claims by third parties which have suffered damage related to the execution of the Agreement attributable to the Client.

11.6 The Client must cooperate with the obligations of EHF based on the Dutch Act on Prevention of Money Laundering and Financing of Terrorism.

11.7 The Client must attend the property viewing appointment on time. If the Client does not attend the property viewing appointment on time, the duration of the visit may be reduced.

11.8 If the Client does not attend the visit appointment without canceling the appointment in a timely fashion and a new appointment must be made, EHF has the right to charge additional costs to the Client. The Client will be informed of these additional costs in advance

11.9 If the Client fails to (fully) fulfill its obligations vis-à-vis EHF that arise from this Agreement, these general terms and conditions, or legal provisions (in a timely fashion), or if the Client act sillegitimately vis-à-vis EHF, the Client will be liable for all damage suffered by EHF, including loss of turnover

Article 12: Position of EHF

12.1 EHF is in no way liable for the damage resulting from the fact that a lessor, potentially after negotiations conducted by EHF on behalf of the Client, does not conclude a Rental Agreement with the Client.

12.2 EHF will not be liable for the consequences of actions by the lessor. EHF is not liable for the manner in which the lessor fulfills its obligations as a lessor after signing the Rental Agreement.

Article 13: Brokerage Fee for Rental

13.1 The brokerage fee which the Client owes to EHF is set out clearly in the Agreement.

13.2 If the brokerage fee equals the rent for 1 month, this rent also includes, insofar as applicable, the fee due monthly by the Client for renting tangible objects from the lessor.

13.3 VAT will be due on the brokerage fee.

13.4 The brokerage fee is invoiced immediately after the Client agrees to the draft Rental Agreement and is invited for digital signing.

13.6 The brokerage fee will also be due after the termination of the Agreement if:
a. EHF offers satisfying evidence that the conclusion of the Rental Agreement is the resultof the services provided by EHF to the Client during the effective period of the Agreement;

13.7 If the brokerage engagement was granted to EHF by 2 or more persons each person will be jointly and severally liable for the payment of the brokerage fee due to EHF pursuant to the Agreement and/or these general terms and conditions.

13.8 If the lessor invokes a resolutive condition set out in the Rental Agreement, the Client must immediately inform EHF and will not owe the brokerage fee to EHF.

Article 14: Payment

14.1 The Client must pay the invoice prepared by EHF within 10 calendar days of the invoice date and before the key transfer takes place.

14.2 If the payment period is exceeded and the Client is a Company, it will owe a delay interest of 1.5% per month or the applicable statutory interest for commercial transactions if the latter is higher than the aforementioned percentage as of the date on which the sum due has becomeexigible until the moment of payment

14.3 If the payment period is exceeded and the Client is a Natural Person, he will from the date on which the due sum has become exigible until the time of payment owe the statutory interest for consumer transactions in accordance with Article 6:119 DCC.

14.4 All collection costs arising from the moment of default of the Client, both judicial and extrajudicial, will also be borne by the Client

14.5 The extrajudicial collection costs will be 15% of the principal with a minimum of €100, - if the Client is a Company.

14.6 If the Client is a Natural Person, the extrajudicial costs will be determined in accordance with the Dutch Collection Costs Act.

14.7 The claims of EHF. on the Client will become immediately exigible in case of liquidation, bankruptcy, attachment, or suspension of payments of the Client.

14.8 Once the Client is in default, EHF will have the right to suspend all its work for the Client with immediate effect. EHF will inform the Client of the suspension of its work In Writing. EHF will not be liable for any damage suffered by the Client because of the suspension.

14.9 All payments will first cover the costs due, followed by the interest and the oldest principal.

14.10 EHF will retain possession of the goods, data, documents, and the like it received or generated in the context of the Agreement, despite an existing obligation to return these, until the Client has paid all the amounts due to EHF.

Article 15: Complaints

15.1 The Client must submit complaints about the work to EHF In Writing as soon as possible after their discovery. The notice of default must give a detailed description of the short coming inorder to give EHF the opportunity to respond adequately.

15.2 If EHF considers the complaint valid, EHF will, if possible, perform the work as agreed upon.

15.3 The liability of EHF will always be limited in the manner set out in Article 16 of these general terms and conditions.

15.4 The Client is required to give Expat Home Finders the opportunity to resolve short comings attributable to it or mitigate or resolve the damage arising from these shortcomings within a reasonable period.

15.5 Complaints will not suspend the payment obligation of the Client.

Article 16: Liability and Expiration

16.1 EHF cannot be held to pay compensation for any damage which is a direct or indirectresult of:
a. An event that is beyond its control and thus cannot be attributed to it, as inter alia defined in Article 17;
b. Any act or omission of the Client, its subordinates, or other persons who perform work for or on behalf of the Client;

16.2 The Client will always be responsible for the accuracy and completeness of all information it provides. EHF will never be liable for any damage which is (in part) caused by the fact that the data and documents provided by the Client are incorrect and/or incomplete or by observing the instructions given by the Client. The Client indemnifies EHF against any claims in this respect.

16.3 EHF does not guarantee the accuracy of the data provided by the (potential) lessor. EHF will also not be liable if it becomes clear that a (potential) lessor has provided incorrect and/or incomplete information toEHF and/or the Client.

16.4 EHF will not be liable for damage caused by actions of the lessor or a third party.

16.5 EHF will not be liable if the result arising from the work performed by EHF does not meet the expectations of the Client.

16.6 Accessing a property for a visit will take place entirely at the risk of the Client. EHF will not be liable for any damage suffered by the Client during a visit.

16.7 If the work of EHF does not lead to a Rental Agreement, EHF can never be held liable for this.

16.8 EHF will not be liable for the consequences of a hack.

16.9 EHF will never be liable for indirect damage, including consequential damage, loss of profits, loss of turnover, lost savings, delay damage, reputation damage, imposed fines, labor costs, the costs of (temporary) accommodation, other accommodation costs, and damage due to business standstill.

16.10 If EHF is found to be liable for any damage or if a limitation of liability set out above is not permitted by law, the liability of EHF will be limited to the amount paid by the insurer of EHF. Ifthe insurer refuses to provide payment or if the damage is not covered by the insurance, the liability of EHF will be limited to maximum the amount paid by the Client for the work to which the liability relates, insofar as this does not violate any mandatory legal provision.

16.11 EHF will only be liable if the Client immediately and properly holds EHF in default In Writing, designating a reasonable period to remedy the shortcoming, and if EHF still fails to fulfill its obligations after this period.

16.12 The provisions of this article, as well as all other limitations and exclusions of liability set out in these general terms and conditions, also apply for the benefit of all (legal) entities/persons engaged by EHF for the execution of the Agreement.

16.13 The Client indemnifies EHF against claims by third parties vis-à-vis EHF concerning events, acts, or omissions for which EHF is not liable pursuant to the above. The Client is required to pay EHF all costs, damage, and interest it may incur as a direct or indirect result of a claim filed against it by a third party within the meaning of this paragraph.

16.14 Any claim based on a shortcoming in the work performed will expire 1 year after the event to which the damage relates.

Article 17: Force Majeure

17.1 Force majeure includes but is not limited to extreme weather conditions, theft, floods, earthquakes, acts of terrorism, obstructions by third parties, government obstructions, virus infection or hacking by third parties, strikes, traffic obstructions, unrest, war or war hazards, internet and power outage, disruptions in email traffic, fire, government measures, epidemics, pandemics, boycott, and illness or personal (family) circumstances of the natural person who executes or must execute the Agreement on behalf of EHF.

17.2 Force majeure also includes a non-attributable shortcoming of a third party engaged by EHF for the execution of the Agreement.

17.3 EHF also has the right to invoke force majeure if the circumstances that affect the (further) fulfillment of the Agreement occur after EHF should have fulfilled its obligations.

17.4 In case of force majeure, EHF will not be obliged to pay compensation for any direct or indirect damage and will be relieved from the obligation to execute the Agreement. It will dependon the circumstances of the case whether EHF will be partially or fully relieved from its obligation, or if the implementation will only be suspended. If the Agreement can be executed (in an amended form), both EHF and the Client will be required to make use of this opportunity.

Article 18: Suspension and Dissolution of the Agreement

18.1 EHF will have the right to suspend the fulfillment of its obligations or to dissolve theAgreement without judicial intervention by means of Written notice, if:
a. The Client fails to (fully) fulfill its obligations arising from the Agreement and the Clientfails to observe a notice of default which grants it a reasonable period to fulfill itsobligations. A notice of default will not be required if compliance has become permanentlyimpossible;
b. EHF learns of circumstances – after the conclusion of the Agreement – that give it areason to fear that the Client will not meet its obligations.

18.2 EHF has the right to dissolve the Agreement in the interim without judicial intervention by means of a Written notice if EHF has compelling reasons to do so, such as but certainly notlimited to the following circumstances:
a. The partnership between the Client and EHF has become severely disrupted;
b. The Client imposes requirements on the desired property in combination with a maximum rent that are not realistic and/or in line with market standards;
c. EHF also accepted a brokerage engagement from the lessor of a home which the Client wishes to rent..

18.3 EHF also had the right to dissolve the Agreement if circumstances arise that make the execution of the Agreement impossible, if this execution can in all reasonableness and fairness no longer be expected, or if other circumstances arise due to which the unaltered continuation of the Agreement can no longer reasonably be expected.

18.4 EHF has the right to dissolve the Agreement if the Client requests or is granted suspension of payments, if the Client is declared bankrupt or applies for bankruptcy, or if the Client is unable to pay its debts, is placed under guardianship, or if an administrator is appointed.

Article 19: Confidentiality

19.1 Both parties undertake to observe the confidentiality of all confidential information obtained in the context of the Agreement from each other or another source. Information will be confidential if the other party has indicated this, or if this follows from the nature of the information. The party receiving confidential information will only use this information for the purpose for which it was provided.

19.2 If EHF is required to share confidential information with third parties designated by law or a competent court pursuant to a statutory provision or judicial ruling, and EHF cannot invoke a right or refusal acknowledged or permitted by the competent court, EHF will not be required to provide compensation or indemnification, and the Client will not have the right to dissolve the Agreement.

19.3 EHF processes personal data in accordance with the General Data Protection Regulation (AVG). The Client can consult the EHF privacy statement for more information about the processing of personal data, available at https://www.expathomefinders.nl/privacy-policy.

Article 20: Expiry Date

20.1 To the extent not determined otherwise in these general terms and conditions, all claims of the Client on any grounds vis-à-vis EHF will expire at least 1 year after the moment on which the Client became aware or could reasonably have become aware of the existence of these legalrights

Article 21: Competent Court and Applicable Law

21.1 All disputes related to Agreements between the Client and EHF will be submitted to the competent court in the district where EHF is established (Amsterdam). If the Client is a Natural Person, he can choose to settle the dispute before the court competent by law within 1 month after EHF invoked this article In Writing.

21.2 All Agreements between EHF and the Client are governed by the laws of The Netherlands.

Contact Information:

Registered at the Chamber of Commerce/KvK under number 94724318

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