General Terms and Conditions

Article 1 Applicability

These Mediation Terms and Conditions apply to all offers and all mediation assignments, as well as the resulting supplementary mediation agreement(s) and arrangements between YNS Agency and the housing seeker, hereinafter referred to as the ‘Client’.

Article 2 Definitions

2.1 YNS Agency: A housing mediation agency registered with the Chamber of Commerce under number: 90455967, referred to at the web address: https://ysnagency.nl, hereinafter referred to as the ‘Broker’.

2.2 Housing seeker: Any natural or legal person who commissions the Broker to mediate in finding living accommodation that is not part of the Broker's portfolio.

2.3 Mediation: The Broker's best efforts obligation aimed at introducing the Client to potential landlords in exchange for a mediation fee (commission) paid by the Client, so that the Client enters into a lease agreement with a landlord for residential property, including the Broker's assistance during viewing(s) of one or more properties as defined in Article 7:425 BW.

2.4 Mediation fee or commission: The consideration payable by the Client to the Broker for the Broker's mediation services.

2.5 Provisions that deviate from these general mediation terms and conditions are only part of the agreement between the parties if and to the extent that the parties have explicitly agreed in writing.

2.6 ‘Written’ in these general mediation terms and conditions also includes email, fax, or any other form of communication that, considering the state of technology and prevailing social norms, can be equated with these forms.

2.7 Written advice, documents, (valuation) reports, investigations, etc., produced by the Broker or provided by the Client will hereinafter be referred to as ‘the documents’. ‘The documents’ include written pieces and works recorded on other media, such as computer disks, USB sticks, or any other data carriers. Unless the parties have explicitly agreed otherwise in writing.

2.8 The Broker reserves the right to amend the Broker's general mediation terms and conditions in the event of changes in regulations.

2.9 The invalidity of any provision (or part of a provision) of these general mediation terms and conditions does not affect the applicability of the remaining provisions.

Article 3 Agreements, Assignments

3.1 Oral agreements bind the Broker only after they have been confirmed in writing by the Broker or as soon as the Broker, with the Client's consent, has commenced performance of the execution activities.

3.2 Additions or changes to the general mediation terms and conditions or other modifications or additions to the agreement are binding only after written confirmation by the Broker.

Article 4 Obligations of the Client, Liability for Commission

4.1 The Client must ensure that any data required for the execution of the agreement are provided to the Broker in a timely manner and in the form desired by the Broker.

4.2 The Client will cooperate in all respects with the proper execution of the mediation agreement by both parties. The Client will do nothing or refrain from doing anything that might hinder or impede the proper execution of this agreement.

4.3 If the Client or their associates reside in a property whose details were obtained from the Broker, the Client owes the commission to the Broker, regardless of whether the lease agreement was established through the Broker's mediation.

4.4 If, for any reason, the Client does not reside in the property for which a lease agreement was established through the Broker's mediation, or if the lease agreement for this property is terminated, annulled, or dissolved, the Client remains obliged to pay the commission and is not entitled to a full or partial refund.

4.5 If the Client, after approving the rental of a property, no longer wishes to rent the property for reasons not attributable to the Broker, the Client is required to pay the Broker an amount equal to the commission that the Client would have owed the Broker if a lease agreement had been definitively concluded with the relevant landlord. Additionally, the Client must indemnify the Broker for any damages incurred by the relevant landlord.

4.6 If the obligations mentioned in this article are not met in a timely manner, the Broker is entitled to suspend the execution of the agreement until the Client has fulfilled these obligations. The costs associated with the delay or the costs for performing additional work or other resulting consequences are at the Client's expense and risk.

4.7 If the Client requests YNS Agency to submit a rental proposal to a third party, actually has it submitted by YNS Agency to a third party, and after approval withdraws from the object for reasons not attributable to YNS Agency, the Client owes an amount of €250.00 excluding VAT.

Article 5 Personal Data

The Client's personal data will be included in the Broker's administration. The Broker will not provide any data to third parties without the Client's consent. The registered data will be used exclusively by the Broker for the execution of agreements concluded with the Client.

Article 6 Progress, Execution of Assignment/Agreement

6.1 The Broker is obliged to perform the assignment/agreement in a skilled, careful manner and in accordance with the standards applicable in its industry.

6.2 The Broker cannot be required to start the execution of the work until all necessary data are in its possession.

Article 7 Duration of the Agreement, Broker's Best Efforts Obligation

7.1 A mediation agreement runs for an indefinite period, unless otherwise agreed in writing.

7.2 The Broker will use its best efforts and knowledge to achieve the result desired by the Client. This is always a best efforts obligation of the Broker and not a results obligation. If the intended result is not achieved, this does not release the Client from their obligations to the Broker, except for any obligations explicitly linked by the parties to achieving the intended result.

Article 8 Termination and Cancellation of the Mediation Agreement

8.1 Unless otherwise agreed and notwithstanding the provisions of these general mediation terms and conditions, the mediation agreement will end by:

a. fulfillment of the agreement by the Broker;
b. cancellation by the Client;
c. cancellation by the Broker.

8.2 The agreement is fulfilled once the intended result has been achieved.

8.3 The Client and the Broker are authorized to cancel this agreement at any time.

8.4 Parties cannot derive any right to compensation from the termination of the agreement by cancellation unless the termination is due to the failure of one party to fulfill one or more obligations.

Article 9 Mediation Commission

9.1 The housing seeker commissions the Broker to find living accommodation that largely or entirely meets the specified selection preferences. The Broker operates on a ‘No Cure No Pay’ principle. Once suitable living accommodation is found for the housing seeker, the housing seeker owes the Broker a mediation commission (equal to one month's rent, excluding VAT) if the Broker mediates a lease agreement. These mediation costs must be paid before the keys to the rented property are handed over.

9.2 If the amount due is not paid within the payment term, a reminder will be sent. If the claim is not paid within 7 days after the first reminder, a second reminder will be sent. With the second reminder, the housing seeker owes contractual interest on the invoice amount equal to the statutory interest. If the claim is not paid within 7 days after the second reminder, the housing seeker owes the Broker extrajudicial collection costs of 15% of the invoice amount with a minimum of €250. If no payment is received, the housing seeker is liable for the costs the Broker must incur to collect its claim.

9.3 The housing seeker owes the Broker the full commission if it is found that the housing seeker has secretly accepted the living accommodation that was previously offered to them by the Broker and which they initially refused.

9.4 If the housing seeker commissions the Broker to mediate in finding a home, the housing seeker is obliged to establish a lease agreement with a property provider through the Broker's mediation. If the lease agreement is concluded in another way, the housing seeker owes the Broker a penalty equal to one month's rent including VAT.

9.5 The housing seeker must meet the following conditions before the living accommodation is made available to them:

the lease agreement must be signed by all parties;
the housing seeker must have paid the rent and deposit;
the housing seeker must have paid the Broker's mediation commission.

9.6 Parties cannot derive any right to compensation from the termination of the agreement by cancellation unless the termination is due to the failure of one party to fulfill one or more obligations.

Article 10 Liability

10.1 If the Broker mediates in establishing a lease agreement between the landlord and tenant, the Broker is never a party to the lease agreement and is not liable for the content and execution of the lease agreement. The Broker is not liable for any damage suffered by the Client due to the fact that the rent and/or agreed service costs and/or incidental one-time fees are not in accordance with the law.

10.2 The Broker performs its duties as can be expected from a company in its industry, but accepts no liability for damage, including consequential damage, business damage, loss of profit, and/or stagnation damage, resulting from actions or omissions by the Broker, its staff, or third parties engaged by it.

10.3 The Broker is not liable for damage suffered by the Client as a result of actions or omissions by the other party to the lease agreement concluded through the Broker's mediation.

10.4 The limitations of liability included in this article do not apply if the damage is due to intentional and/or deliberate recklessness by the Broker.

10.5 Notwithstanding the provisions of the other paragraphs of this article, the liability is always limited to the amount of the payout provided by the Broker's insurer, insofar as the Broker is insured.

10.6 If the Broker is not insured as referred to in the previous paragraph, the Broker's liability is always limited to twice the amount of the commission charged and/or to

be charged to the Client for its work and/or services.

10.7 The Broker is not liable for the consequences of any damage and/or defects to the property present when the Client accepts the property. It is up to the Client to check the property for any damage and/or defects and, if necessary, to address the landlord.

Article 11 Competent Court, Applicable Law

11.1 The agreement between the Broker and the Client is governed exclusively by Dutch law. Disputes arising from this agreement will also be settled in accordance with Dutch law.

11.2 Any disputes will be settled by the competent Dutch court, although the Broker, insofar as the law does not mandatorily object, has the right to bring a case before the competent court in the place where the Broker is established.