General Terms and Conditions of International Housing B.V.
1.1 International Housing B.V. (‘I-HOUSING’), is a private limited company whose object is to provide an online broker site on which international students and providers of residential accommodation can contact each other for the purpose of entering into tenancy agreements for accommodation (‘the Site’).
1.2 In these general terms and conditions, I-HOUSING also means all of its directors and employees.
1.3 In these general terms and conditions, the term Provider(s) means a provider of temporary accommodation.
1.4 In these general terms and conditions, the term Applicant means an international student in search of accommodation.
1.5 In these general terms and conditions, the term User means anyone who uses the Site.
1.6 In these general terms and conditions, the term Services means bringing the Applicant and Provider into contact with each other.
2. Applicability of these terms and conditions
2.1 These general terms and conditions (‘the General Terms and Conditions’) apply to all Users of the Site. Variations from the General Terms and Conditions are valid only if I-HOUSING has expressly agreed to them in writing.
3. Performance by I-HOUSING, performance by Providers
3.1 I-HOUSING has created an online broker site (the Site) on which Providers can offer accommodation and Applicants can rent accommodation from a Provider.
3.2 I-Housing offers Users the opportunity to communicate via the Site and enter into tenancy agreements for the accommodation. I-HOUSING does not provide any accommodation itself. It acts only as an agent in the conclusion of the agreement between the Users.
3.3 The Provider and Applicant enter into an agreement between themselves that is in force only between them. I-HOUSING is expressly not a party to this agreement itself. I-HOUSING is authorised to act as a representative of the Provider and enter into agreements on the Provider’s behalf. However, the Provider and Applicant are fully responsible for their respective contractual obligations.
3.4 Providers may also declare their own general terms and conditions applicable, as long as their general terms and conditions are not contrary to these General Terms and Conditions.
3.5 Users are personally responsible for complying with any applicable national and supranational laws and regulations.
3.6 The Provider is responsible for having all relevant documentation for the rental of the accommodation concerned.
3.7 Users are not entitled to continuously use the Site. In particular, I-HOUSING is not obliged to ensure the availability of the Site, or parts of the Site, at all times.
4. Registration by Users and use of the Site
4.1 Users must register in order to be able to use the Site. By registering, the User agrees to the General Terms and Conditions.
4.2 It is possible for either a natural person or legal entity to register as a Provider. However, a legal entity can only register through a natural person authorised to enter into such a transaction. Only a natural person can register as an Applicant. A natural person who is a minor cannot register without the permission of a parent or guardian.
4.3 Users must complete the registration form in good faith. Data entered on the form must be correct and up-to-date. Registering several profiles under different names is not permitted.
4.4 Users may receive contractual statements at the email address they provided at the time of registration.
4.5 Users are completely responsible for placing the information/advertisement for accommodation on the Site. Users undertake towards I-HOUSING not to place any illegal content on the Site and to refrain from acts and/or omissions that are contrary to national and/or supranational laws and regulations.
4.6 The Provider is obliged to give a full, accurate and up-to-date description of the offered accommodation.
4.7 I-HOUSING will verify the Provider’s profile within 24 hours. If I-HOUSING approves the profile, it will become visible on the Site.
4.8 Users may use only their own accounts and must keep their login details secret.
4.9 If a User is aware that their account is being misused, they must notify I-HOUSING immediately.
4.10 The User is not permitted to use contact and other information, including but not limited to telephone and email addresses, obtained from the Site for purposes other than entering into an agreement between Users. The contact information may explicitly not be used for marketing purposes and contact information may not be provided to third parties.
4.11 If a User contravenes the General Terms or Conditions or I-HOUSING suffers damage or loss because of another act or omission of a User, I-HOUSING will be entitled to remove that User’s account and deny that User access to use the Site. I-HOUSING reserves all its rights to recover any damage or loss (including additional costs) from the User in case of a contravention or unlawful act by that User.
4.12 Within statutory limits, I-HOUSING may enquire whether Users are complying or can comply with their obligations. I-HOUSING is entitled to refuse to perform Services for a specific User based on such enquiries or to attach special conditions to possible cooperation with a specific User.
5. Rights in relation to the information placed on the Site
5.1 Users have the opportunity to place information on the Site. Users may not place information on the Site that is contrary to relevant national and supranational laws and regulations. I-HOUSING cannot be held liable for information that a User has placed on the Site. Users will indemnify I-HOUSING completely against any third-party claims resulting from information they have placed.
5.2 I-HOUSING will save the information placed by the User, or make it possible for that information to be saved.
5.3 By placing information on the Site, the User transfers the intellectual property, including but not limited to the patent rights, design rights, trademark rights and copyrights, of the content to I-HOUSING. I-HOUSING may use this content without any restrictions, and without any payment to or the consent of the User, for both offline and online purposes. The User waives any personality rights that they may have under Article 25 of the Copyright Act.
5.4 The User explicitly gives I-HOUSING access to read the messages that Users send to each other. This is to enhance the user experience of Users and to try and resolve disputes between them. I-HOUSING expressly needs the consent of Users for other purposes.
6. Limitation and/or exclusion of liability
6.1 I-HOUSING cannot be held liable for the inaccuracy of any information that is provided on the Site and the resultant damage or loss, unless this inaccuracy has arisen from an intentional act or the willful recklessness of I-HOUSING or one of its employees.
6.2 If I-HOUSING is nevertheless held liable, it will be liable only for direct damage or loss that has actually (and demonstrably) been suffered due to an attributable breach of I-HOUSING up to the amount specified in Article 6.3.
6.3 If the provision of Services by I-HOUSING, its Users or otherwise leads to the liability of I-HOUSING, this liability will be limited to the compensation of direct damage or loss and capped at the agency fees that are applicable to the accommodation concerned.
6.4 I-HOUSING is not a party to the agreement between the Users and therefore does not accept any liability for the performance of the agreement between them.
6.5 The Provider indemnifies I-HOUSING against all claims of the Applicant that relate in any way to the activities that I-HOUSING performs on the Provider’s instructions.
6.6 All claims of the User that are based on an attributable breach by I-HOUSING will lapse if I-HOUSING is not given written and motivated notice thereof within a reasonable period after the User became aware, or could reasonably have become aware, of the underlying facts of those claims.
6.7 The Provider will take out and maintain adequate insurance against any damage or loss in connection with the supplied accommodation, of any nature, including but not limited to buildings insurance. The Provider must provide copies of the above insurance immediately on request of I-HOUSING.
7.1 The agreement is concluded when the Applicant responds to an offer and the Provider then agrees to it.
7.2 The Applicant and the Provider may not enter into an agreement that excludes I-HOUSING. I-HOUSING is entitled to impose a penalty for this purpose equal to the agency costs that would normally have been charged for the conclusion of an agreement via the Site plus a surcharge of 50%.
8. Costs, payment, and fees
8.1 The amount payable by the Applicant to I-HOUSING comprises at least the first four weeks’ rent (depending on the terms and conditions of the landlord), a deposit, and an agency fee (excl. 21% VAT) calculated at percentage of the first four weeks’ rent, plus any transaction costs. This varies per length of tenancy and city.
8.2 I-HOUSING is entitled to revise its agency fee at any time, in which case it will notify users accordingly.
8.3 The amount referred to in section 1 of this article is payable as soon as the offer is accepted. It is unimportant as to which bank account the payment is made from, so long as the correct payment reference is quoted.
8.4 Payment must be made in accordance with the instructions given during the booking procedure on the I-HOUSING website.
8.5 Forty-eight hours after the commencement of the contract the Provider will receive payment from I-HOUSING of the first four weeks’ rent plus deposit, unless the contract is terminated on the basis of section 2 of this article. From that time on, I-HOUSING has no further ties of any kind with either party.
8.6 The Provider bears their own responsibility if it forwards incorrect bank details.
8.7 The Provider is responsible for repaying to the Applicant their deposit - or a part thereof, depending on any damage caused by the Applicant - at the end of the lease term.
9. Cancellation and repayment
9.1 Once there is a contract between the Applicant and the Provider, the Provider can no longer cancel.
9.2 The Applicant must confirm by e-mail within 24 hours of the start of the lease whether the housing accommodation matches the description. If it does not match, the contract between the Applicant and the Provider is cancelled.
9.3 In the event of a cancellation as referred to in section 2 of this article, I-HOUSING will return the rental costs and deposit to the Applicant. However, I-HOUSING will only return the full sum as specified in Article 8 section 1, if:
- The accommodation does not actually exist;
- The accommodation is not available to the Applicant;
- The accommodation is no longer habitable due to any natural disaster or unforeseen event.
9.4 In the event of a situation as described in section 3 of this article, a repayment will only be made if the situation is notified to I-HOUSING within forty-eight hours. It is up to the Applicant to provide the necessary information and, where needed, proof of the situation.
9.5 The Applicant and the Provider are free to agree between themselves provisions different from those set out herein. However, in such a case, I-HOUSING is not liable to repay the sum referred to in Article 8 section 1.
10. Identity of I-Housing
10.1 I-HOUSING is registered in the Netherlands Chamber of Commerce under number 66131324; its VAT registration number is NL 8564.08.141 B01. The registered office address of I-HOUSING is Keizersgracht 285, 1016 ED Amsterdam. Its visiting address is also at Keizersgracht 285, 1016 ED Amsterdam.
10.2 I-HOUSING can be contacted by e-mail via firstname.lastname@example.org or by telephone during office hours on +31 (0) 20 26 19 123.
11. Jurisdiction and competent court
11.1 The legal relationship between I-HOUSING and Users is governed by Dutch law.
11.2 Any dispute between I-HOUSING and a User should be brought before the competent court in Amsterdam.