Article 1 Applicability
1.1 The General Terms and Conditions of La Fontaine Makelaardij apply to any brokerage agreement, as well as the resulting additional and/or subsequent agreement(s) and arrangements between La Fontaine Makelaardij and registrants or principals.
Article 2 Definitions
2.1 La Fontaine Makelaardij is a rental agency that mediates in private real estate between landlords and tenants and is located at Plenkershoven 37 in 6212 GL Maastricht.
2.2 A house seeker is a natural or legal person who has given an assignment for housing mediation and/or has registered and is part of the file of La Fontaine Makelaardij, hereinafter referred to as a house seeker.
2.3 A landlord is a natural or legal person who offers housing accommodation for rent and is also entitled to rent it, hereinafter referred to as the client.
2.4 A tenant is a natural or legal person who has rented accommodation by verbal or written acceptance of the offered accommodation or by signing the rental agreement and is also entitled to rent it, hereinafter referred to as tenant.
2.5 An offered rental accommodation is an accommodation which La Fontaine Makelaardij mediates on behalf of the client.
Article 3 Order for housing mediation/search and registration
3.1 An instruction for a housing mediation/search assignment is understood to mean an instruction by a Home Seeker to provide services relating to the mediation by La Fontaine Makelaardij in the conclusion of an agreement between the client and a Home Seeker or third party, as referred to in Article 7:425 of the Dutch Civil Code, whereby the specifications given by the Home Seeker are met. An assignment for housing mediation/search can be given in writing or orally.
3.2 A registration is understood to mean the written information provided by Home Seeker by means of a registration form regarding relevant, personal data with the purpose of qualifying for a rental home offered by La Fontaine Makelaardij.
Article 4 Enrollment & deregistration
4.1 The written order for housing mediation/search and/or registration shall be valid for six months. There is no upfront cost associated with the assignment and/or registration.
4.2 Home mediation assignment/search assignment and registration with La Fontaine Makelaardij will be activated immediately when La Fontaine Makelaardij has received a fully completed Home mediation assignment/search assignment and/or registration with an acceptance of the General Terms and Conditions of La Fontaine Makelaardij.
4.3 If the house-hunter wishes to terminate the assignment for housing mediation/search assignment and/or the registration, this can be done by notifying la Fontaine Makelaardij by e-mail: info@lafontaine.nl, or by post to the address of la Fontaine Makelaardij.
Article 5 Tenant’s commission/administration fee.
5.1 For a successful home mediation/search assignment, La Fontaine Makelaardij will receive a compensation (brokerage fee) from the tenant. This fee is equal to the monthly rental sum (including advance delivery, services and energy) as stated on the tenancy agreement plus the applicable VAT.
5.2 For a registration that leads to a tenancy agreement regarding an offered rental home, La Fontaine Makelaardij will receive a compensation (administration costs) from the tenant. This fee is equal to the € 25,= plus the applicable VAT.
5.3 If a house-hunter, through successful home mediation/search assignment and/or registration of La Fontaine Makelaardij, accepts the offered housing accommodation orally or in writing or enters into a rental agreement with a client, the one-time brokerage fee or the administration costs must be paid within 48 hours after acceptance of the accommodation.
5.4 The key transfer and handover of a property to be rented can only take place when the rental agreement has been signed and the rent, deposit and brokerage fee have been paid to the relevant parties.
5.5 Restitution of payments is not possible.
Article 6 Acceptance home
6.1 Acceptance of a property by Home Seeker/Tenant can take place by verbal agreement between la Fontaine Makelaardij and Home Seeker, followed by written confirmation and/or by signing a rental agreement.
Article 7 Assignment of rental mediation
7.1 An assignment for rental mediation means an assignment by the client to provide services relating to the mediation by La Fontaine Makelaardij in the conclusion of an agreement between the client and a house-hunter or third party, as referred to in Article 7:425 of the Dutch Civil Code, whereby the specifications given by the registrant and the client are met.
7.1 The rental brokerage assignment is valid for an indefinite period of time with a written notice period of 3 weeks by both the client and la Fontaine Makelaardij.
7.2 Orders for rental mediation with La Fontaine Makelaardij will be activated immediately when La Fontaine Makelaardij has received a signed order for rental mediation with an agreement of the General Terms and Conditions of La Fontaine Makelaardij.
7.3 If the client wishes to terminate the rental brokerage assignment, this can be done by giving notice via E-mail: info@lafontaine.nl, or by mail to the address of la Fontaine Makelaardij.
Article 8 Commission fee client
8.1 La Fontaine Makelaardij may agree a brokerage fee with the client for the activities mentioned in the General Terms and Conditions. This is equal to the monthly rental sum (including advance delivery, services and energy) as stated on the lease increased with the applicable VAT.
8.2 If, through successful mediation by La Fontaine Makelaardij, a house-hunter enters into a rental agreement with a client, the one-off brokerage fee must be paid by the client within 48 hours after acceptance of the registered person, less any payment for initial work already made.
8.3 The key transfer and handover of a property to be rented can only take place when the rental agreement has been signed and the rental fee, deposit and brokerage fee have been paid to the relevant parties.
8.4 Restitution of payments is not possible.
Article 9 Contract costs
9.1 La Fontaine Makelaardij may agree contract costs with the client for the work mentioned in the General Terms and Conditions in connection with drawing up the lease.
9.2 If, through successful mediation by La Fontaine Makelaardij, a house-hunter enters into a rental agreement with a client, the contact fee must be paid by the landlord within 48 hours after acceptance of the property, less any payment for initial work already made.
9.3 The key transfer and handover of a property to be rented can only take place when the rental agreement has been signed and the rent, deposit and brokerage fee have been paid to the relevant parties.
9.4 Restitution of payments is not possible.
Article 10 Tenant Acceptance
10.1 Acceptance of a housing seeker/tenant by the client may be made by verbal commitment, followed by written confirmation and/or by signing a rental agreement.
Article 11 Award
11.1 La Fontaine Makelaardij provides a rental advice for the principals, this advice consists of, among other things, a background check and a description of the profile of the prospective tenant.
11.2 The client ultimately decides to whom the property will be assigned.
Article 12 Payment obligation
12.1 If, after it has been agreed verbally or in writing that Home Seeker definitively accepts a certain object, for whatever reason the conclusion of the lease on account of Home Seeker/Tenant does not take place, Home Seeker/Tenant will owe la Fontaine Makelaardij a brokerage fee of 1 month’s gross rent excl. the applicable VAT, payable within 14 days after signing this document.
12.2 If, after it has been agreed verbally or in writing that the client will definitively allocate a certain object to a house hunter, for whatever reason the conclusion of the tenancy agreement on behalf of the client does not take place, the client shall owe la Fontaine Makelaardij a brokerage fee of 1 month’s gross rent excl. the applicable VAT, payable within 14 days after signing this document.
12.3 If, after the client has terminated (by termination or otherwise) the assignment for rental mediation, a rental agreement is concluded with a house-hunter as a result of the services provided by la Fontaine Makelaardij, this agreement will, subject to proof to the contrary to be provided by the house-hunter, be deemed to have been concluded through the mediation of la Fontaine Makelaardij and the client will owe the full remuneration for the work, unless the law would oppose this.
12.4 If, after the house-hunter has terminated (by termination or otherwise) an assignment for housing mediation, a rental agreement is concluded with a client as a result of the services provided by la Fontaine Makelaardij, this agreement will, subject to proof to the contrary to be provided by the house-hunter, be deemed to have been concluded through the mediation of la Fontaine Makelaardij and the house-hunter will owe the full remuneration for the work, unless the law would dictate otherwise.
Article 13 Special provisions
13.1 La Fontaine Makelaardij reserves the right to change or amend the General Terms and Conditions of La Fontaine Makelaardij.
13.2 The information provided by La Fontaine Makelaardij is non-binding and solely intended for house seekers and the principals.
13.3 No rights can be derived from the General Terms and Conditions of La Fontaine Makelaardij.
Article 14 Liability
14.1 The principals and the house hunter/tenants indemnify La Fontaine Makelaardij against any claims by third parties, including the reasonable costs of legal assistance, which are in any way related to the work carried out by La Fontaine Makelaardij for the principals or house hunter/tenants, unless these claims are the result of gross negligence or intent of La Fontaine Makelaardij.
14.2 La Fontaine Makelaardij is not liable for the consequences of actions by the client.
La Fontaine Makelaardij is not liable for the manner in which a client, after signing the lease, fulfills his obligations as landlord.
14.3 La Fontaine Makelaardij is not liable for the consequences of actions by the tenant. La Fontaine Makelaardij is not liable for the manner in which a tenant, after signing the lease, fulfills his obligations as a tenant.
Article 15 Miscellaneous
15.1 Changes in, or deviations from, the General Terms and Conditions of La Fontaine Makelaardij, brokerage agreement(s) concluded between the parties and/or additional or deviating clauses will only be effective if the parties have recorded and signed them in writing.
15.2 The nullity or ineffectiveness of any provision of the mediation agreement shall not result in the nullity or ineffectiveness of the agreement as a whole.
In place of the void or invalid provision, the parties will agree on an appropriate arrangement that comes as close as possible to the intention of the parties and the economic result sought by them in a legally effective manner.
15.3 The failure of a party to take any action in the event of default in respect of any provision of this Agreement by the other party or the permitting or tolerating of a deviation from any provision of this Agreement shall not be deemed a waiver.
Article 16 Applicable law
16.1 The General Terms and Conditions of La Fontaine Makelaardij are governed by Dutch law.
