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RNC Wonen
Telephone : +31 (0)73 851 76 20
Mobile phone : +31 (0)6 45 10 96 92
Fax : +31 (0)84 835 81 70
Email : info@rncwonen.nl
General conditions
GENERAL TERMS RNC WONEN
Article 1. Definitions
1. RNC Wonen: Contractor, mediator between tenant and landlord
2. Client/Person looking for housing/ registered person: Every person or legal person that registered at RNC Wonen paid for registration.
3. Landlord: Person who provided/offered a rental property at RNC Wonen
4. Successful mediation When client accepts rental property offered by contractor
5. RNC Wonen internet site: Website of RNC Wonen www.rncwonen.nl
Article 2. Applicability
1. These general terms apply to the registration, mediation between client and landlord, the establishment of the rental contract and all other services provided by RNC Wonen. Unless explicitly accepted with a written letter by RNC Wonen the general terms of clients and/or third parties are not valid.
2. If any of provision of the general terms is invalid, or is annulled, the remaining provisions remain in full force. The invalid or annulled provision of these general terms will be replaced by a valid provision which respects the purpose and intent of the invalid or annulled provision.
Article 3. Realization mediation agreement
1. The agreement is realized after registration of the client and acknowledgement by RNC Wonen.
Article 4. Registration
1. By registration through the RNC Wonen website the registered has the right to make appointments for a tour at the offered rental project. At the same time the registered agrees to have read and agree to the general terms of RNC Wonen.
2. Registration is strictly personal and not transferable, and valid for one year starting from the day of the registration. The registration is active from the moment that RNC Wonen received all requested data completely and trustfully.
3. There are two different types of registration, standard registration and deluxe registration. With the deluxe registration one receives a bundle of 30 text messages. Restitution of paid and/or unused text messages is not possible.
4. Registration ends automatically after the period of one year. The registered is not entitled for complete or partial refund of the registration fee at the end of the registration.
5. Being registered at RNC Wonen is no guarantee for finding (appropriate) rental property.
6. When mediation is successful the registration fee will be deducted from the to be paid mediation costs.
7. When a registered person unsubscribes without successful mediation, there is no refund of the registration fee.
8. All RNC Wonen offers, both written as verbal, are not binding. Client can derive no rights from these verbal or written offers.
9. By registering at RNC Wonen, the registered agrees to receive updates of interesting offers and other housing-related products and services.
10. When a registered person wishes to end [e]mailings and/or other outings from RNC Wonen, registered sends a written or electronic statement to RNC Wonen, Ambachtsweg 33, 5272 RB Sint Michielsgestel The Netherlands or info@rncwonen.nl.
11. RNC Wonen is allowed to request information about the creditability of the registered, and where necessary registered declares to cooperate. When registered does not cooperate, RNC Wonen has the right to terminate the agreement.
12. Any complaints about registration can be submitted by written letter to RNC Wonen, Ambachtsweg 33, 5272 RB Sint Michielsgestel, The Netherlands or info@rncwonen.nl.
Article 5. Obligations registered person
1. Registered person is obliged to pay the registration fee at the moment of registration, as indicated.
2. Registered person is obliged to complete the requested data truthfully.
3. Registered person provides RNC Wonen with all information required to perform its job.
4. Registered person sends any modifications [after closure of the agreement] to RNC Wonen by email.
5. Registered person shall refrain from any activities that traverse the job of RNC Wonen and/or hinder the implementation of the mediation.
Article 6. Termination mediation agreement
1. RNC Wonen is entitled to end the registration temporarily or permanently with immediate effect, without further notice or judicial intervention, when registered person fails one or more obligation partially or completely to RNC Wonen, including payment of the registration fee and correct data entry. Complete or partial refund of the registration fee is not due by RNC Wonen in that case.
2. The Mediation Agreement ends after signing the rental contract.
3. The registration ends automatically after the period of one year.
4. Client has a period of 7 days in which client can dissolve the mediation agreement without cause and without penalty. Client should communicate this by written letter to RNC Wonen or info@rncwonen.nl within the given term. This term starts from the date of registration.
Article 7. General action conditions
1. By registering at RNC Wonen, the client automatically takes part in the action of the moment of registering at RNC Wonen, and client agrees with the terms in this article. If client does not want to participate in the action, the client communicates this with a written letter to RNC Wonen, Ambachtsweg 33, 5272 RB, Sint Michielsgestel, The Netherlands or info@rncwonen.nl
2. These general action conditions are applicable on all actions of RNC Wonen. By participating in the action, the contestant agrees with the general action conditions.
3. The RNC Wonen websites mentions the action for a specific period.
4. Contestants need to be 16 years or older, and intent to find housing through RNC Wonen and is therefore registered.
5. Family and personnel of RNC Wonen are excluded from participation.
6. The price is not transferable or exchangeable for cash or other products.
7. RNC Wonen is entitled to end or change the action.
8. RNC Wonen is in no way responsible for any damage resulted from participating in an action.
9. Prizewinners receive an email, if the email address is unknown we will use the last known home address of the prizewinner. The prizewinner will be published on the RNC Wonen website as well.
10. The prize of a current action is at maximum € 450,- net, the price is unique and is in on the name of the winner. The prize is not transferable or exchangeable for cash or other products.
11. The judge’s decision will be final.
12. These action conditions can be modified/changed at any time by RNC Wonen. We advise you to check the RNC Wonen website, www.rncwonen.nl, on a regular basis.
13. Any complaints can be submitted by written letter to RNC Wonen, Ambachtsweg 33, 5272 RB Sint Michielsgestel, The Netherlands or info@rncwonen.nl.
Article 8. Prices
1. An interim change of legal charges and/or change in index of wages and costs can be charged by RNC Wonen to client. With indexing the level of wages and costs modifications conform the most recent price index Collective Labour Agreement wages for business services, published by the Centraal Bureau voor de Statistiek (CBS) are meant.
2. RNC Wonen is justified to raise its rates. RNC Wonen will communicate rate changes to client at least one month before the raise. In a situation of raising rates, client has the right to terminate the particular agreement within 7 days after notification of the rate changes by written correspondence or info@rncwonen.nl, against the date of rate changes that was communicated by RNC Wonen. A raise conform article 8.1 is not subject in this case.
3. Prices may be subject to typos. RNC Wonen is not liable for typos.
Article 9. Mediation
1. RNC Wonen brings tenants and landlords together, and mediates in the process towards a rental agreement. The offers by RNC Wonen, spoken, written through the website or in any other way cannot be used to derive any rights.
2. Registered persons who find suitable housing through RNC Wonen will not receive new offers after acceptation of the house.
3. RNC Wonen activities end at the moment when mediation costs are payed, and the rental agreement is signed. From this moment, RNC Wonen is no longer liable on how tenant and landlord keep up to their obligations determined in the rental agreement.
Article 10. Mediation fee
1. When a registered person finds suitable housing, the registered is obliged to pay a onetime mediation fee. The mediation fee consists of 85% of the monthly rental price [including advance delivery and service and energy costs]. The fees in this article are increased with 19% VAT and must be paid within 48 hours after acceptation of the house. In cases of non-payment all rights expire, and the particular house is immediately available for other registrants.
2. The client owes a complete compensation as described in article 10.1 when, during the time of the assignment or in the period after, between client and a third party who published his rental object on the RNC Wonen website a rental agreement is constituted, even when the constitution of this agreement is not the result of RNC Wonen’s services, unless explicitly mentioned in the agreement of the assignment/assignment confirmation.
3. In cases when registered person agrees to accept the particular house, both spoken or by written letter, but refrains from renting the house before the rental agreement is signed by registered person, RNC Wonen entitled to claim a compensation for mediation services of € 175,- due by registered person, excluding 19% VAT.
Article 11. Payment conditions
1. Client is obliged to pay the registration fee at the registration. The client pays the registration fee before the rental agreement is signed, but at maximum 2 days after the invoice date.
2. After expiration of 2 days after invoice date, the client who does not pay in time is legally in default, without requirement of further notice.
3. In cases of overdue payment the client is, beside the payment owed and grown interest, obliged to pay a complete compensation of both extrajudicial and judicial collection costs, this includes costs for lawyers, bailiffs and collection agencies. These extrajudicial costs are at least 15% of the client owed amount on RNC Wonen.
4. The claim for payment is due immediately in case client is declared bankrupt, suspension of payments or complete seizure of the assets of the Client is made, the client dies and furthermore, if it goes into liquidation or is dissolved .
Article 12. Liability
1. RNC Wonen is not liable for the way a landlord, after signing of the contract, fulfills his obligations as a landlord. After all, the mediation agreement ends after the rental contract is signed. [art. 6 par. 2.] In this situation, the client is directed to the landlord.
2. If the tenant pays the rent for the first month and the deposit to RNC Wonen, RNC Wonen transfers the receipt money to the landlord. RNC Wonen is not liable for how the landlord, after signing the contract, fulfills his obligations as landlord and refunding of the deposit. In that situation, the client is turned directly to the landlord.
3. Liability of RNC Wonen on attributable failure to perform the mediation agreement only exists when client sends RNC Wonen immediately a proper notice of default, stating a reasonable term for clearing the failure and RNC Wonen beyond that period attributable to the fulfillment of its obligations continues to fail. The notice of failure must present a detailed description of the failure, giving RNC Wonen the chance to respond adequately.
4. The total liability of RNC Wonen on any grounds whatsoever, is limited to compensation for direct loss up to the amount of the contract based on price paid. In no event shall the total compensation for direct damages exceed the benefit which the liability insurer of RNC Wonen grants where appropriate. Direct damage is only:
a. Demonstrated reasonable costs that the client should make to answer the performance of RNC Wonen on the agreement. This damage will not be compensated if the agreement is dissolved, or if the damage is due to the client.
b. Damage to equipment and software, which means: physical damage and malfunctions or failure.
c. Material damage to other properties of the other party and / or third parties
d. Demonstrated reasonable costs incurred to determine the cause and extent of the damage, provided that the determination relates to direct damage within the meaning of these terms
e. Demonstrated reasonable costs incurred to prevent or minimize damage, so far the client demonstrates that these expenses result in mitigation of direct damage within the meaning of these terms.
5. Liability of RNC Wonen for indirect damages, including consequential damages, lost profits, lost savings, loss of data and damage due to business stagnation and inertia is impossible.
6. RNC Wonen is not liable for damage if its supplier [the landlord] fails to honor his agreements on both registered persons and RNC Wonen, and thereby obstructs successful mediation.
Article 13. Force majeure
1. In cases of force majeure, which includes in any case malfunction or failure of the internet, telecommunications infrastructure, power failures, civil unrest, mobilization, war, obstructions in public transport, strikes, lockouts, business interruptions, supply delays, fire, flood, import and export restrictions, through which RNC Wonen is unable to deliver the service and by which RNC Wonen is unable to fulfill the contract in a reasonable way, the implementation of the agreement can be suspended or the contract will be terminated when the force majeure situation persists more than ninety days, all without being liable for compensation.
Article 14. Intellectual property rights
1. All rights of intellectual property on all the contract developed or made available software, such as analysis, documentation, reports, coaching materials, quotations, and preparatory material, held solely by RNC Wonen or its licensors. Client acquires only the use and powers granted by these conditions or expressly granted otherwise, and for the rest he will not copy or duplicate the software or other materials.
2. The client is not allowed to remove or change any copyright, trademarks, trade names or other intellectual property rights from the materials mentioned in the first paragraph.
3. RNC Wonen is allowed to take technical measures to protect the software of website. If RNC Wonen secured the software for reasons of technical protection, the client is not permitted to remove or avoid this security.
Article 15. Change General Terms
1. RNC Wonen has the right to modify or complement these general terms.
2. Changes also apply to existing agreements subject to a period of thirty [30] days after notification of the change on the website of RNC Wonen or by electronic notification. Minor amendments may be made at any time.
3. When customer does not accept a change in these terms, he can cancel the agreement until the starting date of the new conditions.
Article 16. Governing law and jurisdiction
1. The Dutch law applies on all agreements of RNC Wonen.
2. Any dispute that may arise from an agreement of RNC Wonen, will be decided by the competent court in ‘s-Hertogenbosch.
These General Terms shall take in effect on January 14, 2011.