GENERAL PROVISIONS

Version 1.0 – July 2023
VAT number: NL858501387B01

1. Accommodation: a residential unit suitable for regular rental.
2. General Terms and Conditions: these general terms and conditions of CHL.
3. Mediation: CHL’s obligation to use its best efforts to bring about a rental agreement for an Accommodation, against payment of a fee by the Client, as referred to in Article 7:425 of the Dutch Civil Code. CHL shall never accept a Mediation order for the same Accommodation from the Client’s counterparty. A Mediation order explicitly does not include a search order as referred to in these General Terms and Conditions. A search order and a Mediation order can be combined.
4. CHL: the private company with limited liability Corporate Housing Living B.V., located in (1082 ME) Amsterdam at Gustav Mahlerlaan 50B, registered in the trade register of the Chamber of Commerce under number 70895082 and with VAT number NL858501387B01.
5. Client: All natural or legal persons with whom CHL concludes an Agreement for Mediation for an Accommodation, whereby a distinction can be made between (1) a client who is the party wishing to rent the Accommodation and for that purpose gives CHL a Mediation order in the role of rental agent (the prospective tenant), or (2) a client who is the party wishing to rent the Accommodation to a third party and for that purpose gives CHL an order for Mediation in the role of rental agent (the prospective landlord).
6. Agreement: the agreement between CHL and the Client regarding the Mediation for the purposes of an Accommodation.

1. General and applicability

1. These General Terms and Conditions apply to every offer, quotation and Agreement between CHL and the Client to which CHL has declared these General Terms and Conditions to be applicable, insofar as these General Terms and Conditions have not been deviated from expressly and in writing by the parties, including the pre-contractual situation between CHL and the Client, including negotiations and offers even if they do not lead to the conclusion of an Agreement.
2. These General Terms and Conditions also apply to Agreements with CHL whose execution requires the involvement of third parties by CHL.
3. The applicability of any purchase or other terms and conditions of the Client is expressly excluded, unless otherwise agreed in writing. Deviating terms and conditions shall only apply insofar as these have been accepted by CHL in writing and shall only apply to the relevant Agreement(s).
4. The Accommodation is to be used exclusively as described in the rental agreement concluded between the owner and tenant of an Accommodation, for the (in)definite, agreed period, including any attached general terms and conditions and/or house rules.
5. The Client must – for the entire duration of the Agreement – actually use the Accommodation properly, or have it used properly, exclusively in accordance with its designated purpose as set forth in the Agreement and with due observance of existing limited rights and the requirements set or to be set by the government, fire brigade and utility companies regarding the use of the Accommodation. The Client may not use the Accommodation for commercial activities, including activities as referred to in Article 3.11 of these General Terms and Conditions.
6. Should any provision of these General Terms and Conditions be void or otherwise unenforceable, this shall not affect the validity of the remaining provisions in these General Terms and Conditions and/or in the Agreement between CHL and the Client, and CHL and the Client shall enter into consultations to agree on a new provision to replace the null/void or unenforceable provision, whereby the parties shall as far as possible observe the purpose and spirit of the null/void or unenforceable provision.
7. In the event of a (premature) termination of the agreed period, the Client is not entitled to any form of compensation, unless expressly agreed otherwise.
8. Unless expressly provided otherwise in the Agreement, CHL’s rights under these General Terms and Conditions shall accrue to CHL without prejudice to all other rights under the Agreement and under the law.

2. Creation of quotations, offers and agreements

1. All offers and quotations made by CHL regarding the conclusion of an Agreement are without obligation and subject to the ‘based on availability’ reservation. If CHL invokes said reservation within a reasonable period to be determined according to the circumstances after acceptance by the Client, the intended Agreement shall be deemed not to have been concluded.
2. No rights may be derived in any way from quotations and offers without a predetermined, written acceptance period.
3. CHL may refuse to conclude an Agreement at any time for any reason, except if such refusal is made purely on one or more grounds listed in Article 429c of the Penal Code (discrimination).
4. Agreements entered into by intermediaries (companies, organisations, relocators, brokers, etc.), whether or not in the name of their business relation(s), shall be deemed to have been concluded partly for the account and risk of these intermediaries, unless expressly agreed otherwise in writing.
5. CHL does not owe any commission or fee, under whatever name, to intermediaries, unless expressly agreed otherwise in writing.
6. The prices stated in the quotation or offer are exclusive of VAT and other government taxes, unless otherwise indicated.
7. When the Client enters into a rental agreement as a prospective tenant, it is directly with the owner of the Accommodation. CHL’s delivery obligation consists solely of mediation as set forth in the Agreement. CHL is not a contractual party to the terms and conditions between the owner of the Accommodation and the Client. The owner of the Accommodation is solely responsible for the rented Accommodation.

Specific provisions for accommodation-seeking Clients

3. CHL’s services and Client obligations

1. The parties understand the term ‘search order’ to mean CHL’s obligation to use its best efforts to search for Accommodation that is suitable for the Client.
2. Depending on the Client’s wishes and what the parties agree on when the Agreement is concluded, CHL’s activities in the role of rental agent may consist of – among other things – the following components:
   • Search order. (1) Providing general information on housing opportunities, among other things. (2) Identifying the Client’s housing needs and/or search profile. (3) Searching for Accommodation suitable for the Client based on the Client’s housing needs/search profile and/or organising viewings by the Client and providing information about the Accommodation.
   • Mediation order. (1) Compiling a complete file on the Client and, on that basis, nominating the Client as a prospective tenant for an Accommodation and endeavouring to ensure that the Client can rent the relevant Accommodation. (2) Drafting a written rental agreement.
3. When carrying out the order as referred to in this Article 3, CHL shall represent only the interests of the Client as a prospective tenant, and not also the interests of the landlord. CHL will never provide paid mediation for the drafting of a rental agreement for an Accommodation on behalf of both the landlord of an Accommodation and the tenant of an Accommodation. Housing Living B.V. is never liable for damage caused directly or indirectly to any persons or property as a direct or indirect result of any defect or any feature or circumstance on or in any moveable or immoveable property which Corporate Housing Living B.V. is looking after, holding on a long or short lease or hiring, or which it owns or which is in any other way at the disposal of Corporate Housing Living B.V., except if and insofar as the damage is the direct consequence of willful misconduct or gross negligence on the part of Corporate Housing Living B.V., or if Corporate Housing Living B.V. was aware of the defect at the time of entering into the Agreement.
4. If a rental agreement is concluded between a Client and a landlord for an Accommodation stemming from the Mediation by CHL as referred to in this Article 3, the Client shall owe CHL a fee. This fee is set out in the Agreement and is payable by the Client to CHL upon conclusion of the rental agreement.
5. CHL reserves the right to require payment of the fee from the Client before the Client can occupy the Accommodation.
6. If the Client takes up residence in an Accommodation for which they have received the details from CHL, the Client shall owe the agreed fee to CHL, regardless of whether or not the rental agreement was concluded through CHL’s Mediation.
7. If, for whatever reason, the Client does not move into an Accommodation for which a rental agreement has been concluded through CHL’s Mediation, or if a rental agreement is terminated, annulled or dissolved, the Client shall remain obligated to pay CHL the agreed fee and the Client shall never be entitled to a refund of any fee already paid to CHL.
8. The Accommodation will generally be at the Client’s disposal by appointment on the day of commencement of the rental agreement or (written) confirmation between 8:00 a.m. and 6:00 p.m., until the last day of the rental agreement or confirmation or as otherwise agreed in writing at the time agreed on that day, between 8:00 a.m. and 6:00 p.m.
9. If the Accommodation is unavailable, CHL shall not be liable for any damage the Client incurs resulting from this delay, unless a serious imputable shortcoming can be attributed to CHL.
10. The Client shall behave in accordance with the oral and/or written instructions given by or on behalf of CHL or the owner’s representative in the interest of proper use of the Accommodation and of the spaces, installations and facilities of the building or complex of buildings of which the Accommodation forms part.
11. The Client shall at all times act as good steward of the Accommodation in accordance with the provisions of the rental agreement and other terms and conditions applicable between the landlord of the Accommodation and the Client.
12. Without the prior written consent of the landlord, the Client is not allowed to sublet the rented property, in whole or in part, or to permit (temporary) use of the property to third parties, or to offer the property for rent or use to third parties on the Internet or otherwise, including activities such as carrying out illegal activities, including keeping a (hemp) nursery and other activities that may cause a nuisance.
13. Unless otherwise agreed, the Client must have duly cleaned the Accommodation at the end of the Agreement or end of use, and return it to the landlord and/or CHL along with the keys, e-keys, etc. The Client undertakes to pay for all items required to return the Accommodation to the same condition as at the start of the Agreement.

4. New rental agreement, cancellations, no-shows and interim terminations

1. Cancellations of confirmed services to be offered must be agreed by the Client directly with the Accommodation’s landlord, in accordance with the provisions of the rental agreement and other applicable terms and conditions between the Client and the Accommodation’s landlord.
2. In the event of a no-show, the terms and conditions as further agreed between the Client and the Accommodation’s landlord in the rental agreement and other applicable terms and conditions between the Client and the Accommodation’s landlord shall apply.
3. Extensions to the agreed period of residence for the Accommodation may be agreed between the Client and the landlord in individual cases.

5. Rent increase

1. If possible on the basis of the rental agreement and any other terms and conditions applicable between the Accommodation’s landlord and the Client, the Accommodation’s landlord has the right to implement rent increases during the term of the rental agreement.

Specific provisions for the Accommodation’s landlord as a Client

6. CHL’s services and Client obligations

1. The term ‘search order’ is understood to mean CHL’s obligation to use its best efforts to search for a renter for the respective Accommodation that is suitable for the Client.
2. Depending on the Client’s wishes and what the parties agree on when the Agreement is concluded, CHL’s activities may consist of – among other things – the following components: (1) Advising on the rental of the Accommodation and the market conditions. (2) Inspecting the Accommodation. (3) Determining the rental value of the Accommodation. (4) Taking photographs of the Accommodation and posting photographs and information on CHL’s website. (5) Screening potential tenants and conducting negotiations with potential tenants about the content of the rental agreement on behalf of the Client. (6) Drafting a written rental agreement and arranging for it to be signed by both parties. (7) Ensuring that the tenant makes the first payment on time. (8) Organising the delivery of the housing accommodation as well as preparing a proper inspection report of the delivery.
3. If the Mediation by CHL results in a rental agreement for the Accommodation for the Client, the Client shall owe CHL a fee (commission) as further agreed between the parties. This fee is payable by the Client within 14 days of receipt of the invoice sent by CHL to the Client for this purpose.
4. The Client will instruct CHL to collect the amounts for the first month’s gross rent and any security deposit from the tenant. CHL will transfer these amounts – possibly after setting them off against outstanding amounts owed to CHL by the Client – to a bank account number specified to CHL by the Client. At the Client’s request, CHL will also send an invoice to the tenant for the remaining rental periods for the Client. The tenant will pay invoices directly to the Client’s account number as specified by CHL on the invoice.
5. If the Client rents out an Accommodation to a renter for which they have received the details from CHL, the Client shall owe the agreed fee to CHL, regardless of whether or not the rental agreement was concluded through CHL’s Mediation.
6. If, for whatever reason, the Client does not rent an Accommodation to a tenant for which a rental agreement has been concluded through CHL’s Mediation, or if a rental agreement is terminated, annulled or dissolved, the Client shall remain obligated to pay CHL the agreed fee and the Client shall never be entitled to a refund of any fee already paid to CHL.
7. The Client declares and guarantees in all respects (including with regard to possible claims of any nature whatsoever by any other entitled party/parties with respect to the Accommodation, mortgage holder(s), insurer(s), (local) governments, competent authorities, manager(s), other housing broker(s), Owners’ Association and the like) to be entitled to rent the Accommodation as well as offer the Accommodation for rent and indemnifies CHL against all possible claims of third parties in this respect and for all extrajudicial and judicial costs to be incurred by CHL in this respect. CHL does not accept any liability in this regard.
8. The Client declares to be fully aware that, according to binding legislation, the tenant of residential property is protected against, among other things, termination of the lease by the landlord, excessive rental prices, excessive or incorrect service charges and excessive or incorrect one-off fees when rental agreements are concluded. The Client (and not CHL) determines the Client’s desired duration of the rental agreement, the amount of the rental price, the amount of the deposit, the composition of the service package, the amount of (the advance payment for) the service charges and/or the amount of any one-off fees. CHL does not accept any liability for damage resulting from the contents of the rental agreement, in particular where it concerns its duration, the amount of the rental price, the amount of the deposit, the amount of (the advance payment for) the service costs, the composition of the service package and the (amount of) one-off fees.
9. The Client declares to be aware that legal rental (price) protection includes regulations that limit the possibility of temporary rental agreements to specific cases and that, if a temporary rental agreement is concluded in violation of the law or does not meet the applicable criteria, the tenant may ignore the temporary nature of the rental agreement by invoking the law. CHL does not accept any liability for damages resulting from such invocation, justified or not, of the tenant’s rent protection.

7. CHL’s obligations and liability

1. CHL assumes responsibility for providing services in accordance with these General Terms and Conditions and the Agreement, all in accordance with good practice standards in the relevant industry and with the help of at least reasonable efforts by CHL. CHL guarantees that it will exercise the degree of ability and care reasonably to be expected of a reputable, competent and reasonably experienced party engaged in such activities. CHL does not guarantee uninterrupted availability of its services. CHL is never liable for any damage whatsoever suffered by the Client and/or third parties unless the damage is the direct result of intent or gross negligence of CHL or third parties engaged by CHL. In particular, this exclusion of liability also applies to direct and/or indirect (consequential) damage caused to the person and/or property of the Client and their housemates as a result of automation problems, storm, frost, lightning strike, heavy snowfall, floods, rise or fall of groundwater levels, natural disasters, nuclear reactions, armed conflicts, civil wars, insurrections, riots, acts of war and other calamities.
2. Except as expressly set out in these General Terms and Conditions and/or the Agreement, CHL makes no guarantee, express or implied, of any kind, including but not limited to any guarantee in relation to the Accommodation. The Client confirms that, in entering into the Agreement, it has not relied on any guarantees from CHL other than those expressly set out in these General Terms and Conditions and/or the Agreement. CHL’s delivery obligation consists (solely) of mediation as set forth in the Agreement. CHL shall in no event be liable for any shortcoming against the Client other than with respect to this Mediation.
3. CHL is not liable for damage or loss of goods brought into the Accommodation by the Client and/or third parties. These provisions shall not apply insofar as the damage or loss is due to intent or gross negligence on the part of CHL or third parties engaged by CHL.
4. CHL shall never be liable for damage directly or indirectly to anyone or anything caused as a direct or indirect result of any defect or any quality or circumstance to, in or on any movable assets or real estate of which CHL is the holder, leaseholder, lessee or owner or which is otherwise at the disposal of CHL, except if and insofar as the damage is the direct result of intent or gross negligence of CHL or if CHL knew of the defect at the conclusion of the Agreement.
5. The Client guarantees the accuracy, completeness and reliability of the information and documents made available to CHL, even if they are from third parties, and declare that they are lawfully in their possession.
6. The Client and/or third parties accompanying them are jointly and severally liable for all damage that arose and/or will arise for CHL and/or any third party as a direct or indirect result of non-performance (attributable shortcoming) and/or wrongful act, including violation of house rules or instructions for use, committed by the Client or those accompanying them (not including: third parties engaged by CHL), as well as for all damage caused by any animal and/or any substance and/or any thing of which they are the keeper or which are under their supervision.
7. If CHL is held liable despite the provisions of this article, this liability shall in all cases be limited to (i) the amount paid out under the liability insurance taken out by CHL or (ii) the amount that would reasonably be paid out by an insurer with regard to the event in question if CHL had taken out insurance if and insofar as such insurance is customary in the industry or could have been taken out under reasonable terms and conditions. CHL’s liability in all cases on whatever grounds shall be limited to the amount received by CHL for the service.
8. Complaints relating to services or work performed by CHL must be submitted to CHL by the Client by registered letter no later than within two (2) weeks of their discovery or after the Client should reasonably have discovered them. In the absence of a timely complaint submitted by the Client, the Client can no longer claim any defects in CHL’s performance.
9. Claims for payment of damages shall expire one year after the day the Client became aware of the damage and CHL’s possible liability for that damage.

8. Fixed-term contract duration, amendments, (interim) price adjustments, dissolutions

1. The Agreement will end due to:
   • achieving of the intended result of CHL’s efforts as per the Client’s order;
   • termination by CHL; or
   • cancellation by the Client; or
   • expiry of the agreed end date.
2. After signing the rental agreement or (written) confirmation of a service offered by CHL, the Client is aware and agrees that they must deliver and/or return the Accommodation on the agreed date in the same condition in which it was found at the start of the rental agreement, all in accordance with the provisions of the rental agreement or other terms and conditions agreed between the landlord and the Client.
3. CHL and the Client are entitled to terminate the Agreement at any time. Among other things, CHL will be entitled to terminate the Agreement if it has well-founded fears to believe that the Client will not or will not properly comply with the rental agreement to be concluded, without prejudice to CHL’s right to payment as described in the Agreement and/or these General Terms and Conditions.
4. In the event that the Client terminates the Agreement, the Client shall never be entitled to compensation, except in cases of intent or gross negligence on the part of CHL.

9. Force majeure

1. 9.1 CHL is not obligated to comply with any obligation towards the Client if it is hindered from doing so as a result of a circumstance which is not due to fault, nor which is for its account under the law, a legal act or generally accepted practice.

   In these General Terms and Conditions, force majeure means, in addition to its definition in the law and case law, all causes, foreseen or unforeseen, which CHL cannot influence but which prevent CHL from fulfilling its obligations, including but not limited to (Internet) outages, fire, power outage, electricity outage, floods, strikes, labour unrest, staff illness, war (whether declared or not), terrorism, embargoes, blockades, legal restrictions, riots, government measures in the broadest sense relating to the provision of the services and/or CHL’s website, cybercrime, delays in the delivery of products/data or services by suppliers or auxiliary persons. Such circumstances also include persons, services and/or institutions used by CHL for the purposes of the services offered.

   To the extent that CHL has already partially fulfilled its obligations or will be able to fulfil its obligations at the time the force majeure occurs, CHL is entitled to separately invoice the part that has already been fulfilled or is to be fulfilled, respectively. The Client is obligated to pay this invoice as if it were a separate Agreement or offered service.

   If either party is unable to fulfil any obligation under the Agreement or service offered, they are obligated to notify the other party as soon as possible.

10. Deposit, payment and collection

1. Payment must always be made, without any discount, deduction or set-off, within 14 days of the invoice date, but at least on the start date of the Agreement or service offered, in a manner to be specified by CHL in the currency in which the invoice was issued, unless otherwise specified in writing by CHL. CHL is entitled to invoice periodically.
2. If and insofar as timely payment is overdue, the Client shall be in default, without any notice of default being required. If the Client is in default, they must reimburse CHL for all collection costs, both judicial and extrajudicial, without prejudice to CHL’s right to fulfilment, dissolution and/or full compensation for damages based on the law. In addition, if the Client is in default, they shall owe an amount of interest equal to the statutory interest rate.
3. CHL may at any time require the Client to provide a security deposit or guarantee by means of credit card authorisation in the amount of up to two months of the rent, unless otherwise agreed in writing. Received security deposits or credit card guarantees will be properly administered. No interest will be charged on the outstanding amount of the security deposit. CHL may recover (set off) all that which the Client owes for any reason whatsoever from the amount deposited pursuant to the foregoing provisions. The surplus must be paid back to the Client no later than 2 months after the property has been returned by the Client.

11. Applicable (sales) tax(es)

• Applied and relevant taxes will be listed separately on the invoice.

12. Indemnity

• The Client indemnifies CHL against any claims by third parties who suffer damage in connection with the performance of the Agreement or services offered and the cause of which is attributable to parties other than CHL.

13. Intellectual property

1. The software required for CHL’s services that is available on or used by CHL’s website and the intellectual property (including copyright) of the content and information and material on the website is the property of CHL, its suppliers and providers, unless otherwise stated.
2. CHL retains exclusive ownership of all rights, names and interests in and of (all intellectual property rights to) (the ‘look and feel’ [including infrastructure] of) the website on which the service is made available (including guest reviews and translated texts), and the Client has no permission to copy, scrape, (hyper-/deep-) link, publish, promote, market, integrate, use or combine the content (including any translations thereof and guest reviews) or to otherwise use the brand of CHL without express written consent.
3. These General Terms and Conditions do not imply a transfer of any intellectual property rights.
4. The Client is expressly prohibited from making any intellectual property rights available to a third party, with or without the involvement of third parties, or to reproduce, disclose or utilise these intellectual property rights, unless prior written consent has been received from CHL.
5. If a third party infringes on CHL’s intellectual property rights, the Client shall immediately notify CHL of this in writing.

14. Personal Data Protection Act

1. CHL processes personal data as a result of providing its services. This data is processed in accordance with legal requirements and Regulations
2. CHL respects the privacy of all its clients and users and ensures that the personal information provided to it is kept confidential. It uses personal data to make the service(s) offered as quick and easy as possible. CHL will not sell personal data to third parties and will only make it available to third parties if strictly necessary for the performance of the service offered.
3. Personal data of the Client, any housemates and/or family members will be processed by CHL for the following purposes:
   • Execution of the Agreement;
   • Maintenance (planning);
   • Doing viewings;
   • Making payments and collecting receivables, including outsourcing this to third parties;
   • Handling disputes, queries or investigations, including legal proceedings;
   • Carrying out monitoring, issuing requests for internal management activities as well as implementing or applying a law.
   For these purposes, personal data will be provided by CHL to third parties as necessary, including but not limited to:
   • The bank for payment purposes;
   • Maintenance companies for planned maintenance following a complaint (contact details);
   • Collection agencies, bailiffs, lawyers and judicial authorities in case of overdue payment or dispute;
   • Competent bodies and official authorities;
   • Other service providers, at CHL’s express request, such as IT suppliers, accountants, lawyers and cleaning companies.
4. The Client, any housemates and/or family members have the right to ask CHL for access to their relevant personal data for inspection purposes and/or request that the data be corrected, supplemented, deleted or shielded.
5. The Client consents to CHL processing the personal data for those purposes. The Client also consents to CHL disclosing personal data to the landlord or third parties, if this is necessary for the aforementioned purposes. In connection with the provisions of this article, the Client shall indemnify CHL and hold CHL harmless with regard to claims by third parties (including any claims by the aforementioned housemates, family members, relations or representatives).

15. Applicable law and disputes

• All legal relationships to which CHL is a party shall be governed exclusively by Dutch law, even if an obligation is wholly or partly performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.

  The court in CHL’s domicile shall have exclusive jurisdiction over any disputes, unless the law imperatively prescribes otherwise. Nevertheless, CHL has the right to submit the dispute to the court with jurisdiction according to the law.

  The parties will only appeal to the courts after making every effort to settle a dispute by mutual agreement.

16. Location and amendment of General Terms and Conditions

• These General Terms and Conditions have been filed with the Amsterdam Chamber of Commerce.

  The most recently filed version or the version valid at the time the legal relationship with CHL was established shall always apply.

  The Dutch text of the General Terms and Conditions is always decisive for its interpretation.