Terms and Conditions

Terms and Conditions

TVH

Temporarily Away From Home

Client

The party to whom a quotation has been submitted by TVH, the party which has commissioned TVH to carry out work, or the party with whom TVH has entered into an agreement to carry out work.

Agreement

An agreement concluded by TVH and the client, or an assignment issued by the other party to TVH for the performance of activities, as specified in Title 7, Book 7 of the Dutch Civil Code (CC).

Article 1 Services

  1. TVH provides services in the area of temporary rental of properties. TVH determines the way in which the agreement is carried out and shall ensure that the work is performed to the best of its ability.
  2. The terms and conditions as described here shall be deemed to be part of every rental agreement between the client (landlord) and TVH unless expressly agreed otherwise in writing.
  3. Amendments or supplements to these general terms and conditions must be expressly confirmed in writing by TVH and shall apply only to that quotation, assignment, or agreement on the occasion of the issuance, the granting, or the conclusion for which the amendment or supplement has been made.
  4. The applicability of any conditions of the client is expressly rejected.
  5. If one or more of the provisions of these general terms and conditions are null and void or destroyed, the other provisions of these general terms and conditions shall remain fully applicable. TVH and client shall then enter into consultations to agree on new provisions to replace the null and void provisions, where, if and for as far as possible, the purpose and the scope of the original provision are observed.

Article 2 Assignment/Quotation

  1. TVH has the right to have third parties assist in the execution of certain activities, or to have them performed by third parties.
  2. The determined period within which the agreement/assignment is carried out is pursued by TVH in a reasonable and equitable way but is not binding.
  3. Exceeding the determined period of execution of the agreement/assignment does not entitle the other party to suspend its obligations under this agreement/assignment, nor does it result in any liability for damages of TVH.
  4. The other party is obliged to provide TVH (in time) with all the information necessary for the execution of the agreed/commissioned work, and the other party hereby expressly authorises TVH to use and, to the extent required by the execution of the work, to publish this data. If TVH cannot carry out not the agreed performance because the other party does not provide the necessary cooperation or because another impediment of his side arises, the other party is in default, and TVH is entitled to reimbursement of the expenses it incurs which are fixed at the amount payable by the other party for the work to be performed. Deletion of (a) scheduled discussion(s) is possible free of charge up to 24 hours in advance. If this takes place at a later date, TVH is entitled to pass on the related costs to the other party.
  5. If it appears that TVH needs to amend/supplement the contents of the assignment for the proper execution of the assignment, TVH will consult with the client in more detail. Any change/supplement may affect the agreed fee, but not before the client has agreed with the change/supplement.

Article 3 Fees/Payment

  1. For the services of TVH, as described on its website: www.tijdelijkvanhuis.nl fixed fees apply, which include VAT and which are available on request.
  2. The fee valid on the day of the issuance of the quotation shall determine the contract in question.
  3. All amounts are stated in Euro, including the turnover tax (VAT) payable, as far as applicable.
  4. TVH may charge administration fees per invoice.
  5. Invoicing of all TVH services will take place after the conclusion of the agreements between tenant and landlord and before the provision of the written rental agreement to the client (landlord). Payment is subject to a period of 10 days from the date of invoice. Payment is made on a bank account to be communicated by TVH.
  6. After full payment of the invoice amount due by clients, TVH will issue the written rental agreement.
  7. If the term of payment as stated in Article 3 par. 5 is exceeded, interest shall be charged on the invoice amount as from the date of expiry of the invoice corresponding to the statutory interest under Article 6:119 CC.
  8. If the client despite summation remains in default of payment, forcing TVH to hand out its claim to third parties to recover its rights, the client owes TVH extra-judicial collection costs payable at 15% of the (remainder of the) invoice amount with a minimum of € 40.00, unless the law provides otherwise.

Article 4 Confidentiality

  1. TVH treats all information obtained from the client with discretion and maintains confidentiality in this respect unless otherwise agreed in writing with the client.
  2. The client authorises TVH to make the information obtained available to experts in sub-areas to be used by TVH for advice and approval, of course, also under the duty of confidentiality.

Article 5 Suspension and Dissolution

  1. TVH is entitled to suspend the fulfilment of the obligations or to dissolve the contract if the client fails to fulfil the obligations of the contract or fails to fulfil them in good time, even if the latter is in default and does not fulfil its obligations within a reasonable period of time.
  2. In addition, TVH is authorised to dissolve the assignment in the event of circumstances which are of such a nature that it is impossible to fulfil the assignment, or it can no longer be required of TVH in accordance with the criteria of reasonableness and fairness, or if other circumstances arise which are of such a nature that the maintenance of the assignment may not reasonably be expected.

Article 6 Cancellation and Termination

  1. Both parties may terminate the contract with immediate effect in writing at any time.
  2. If the assignment is prematurely terminated by the client, TVH shall be entitled to compensation for the damage it suffered, which shall not exceed the compensation agreed for the assignment, unless the termination is due to TVH.
  3. If the assignment is prematurely terminated by TVH, in consultation with the client, TVH will ensure that work still to be performed is transferred, if and to the extent possible, to third parties, unless this cannot reasonably be requested from TVH.
  4. If this transfer of the work for TVH entails additional costs, these costs will be charged to the client.
  5. In case of cancellation of a rental agreement by the tenant, for any reason whatsoever, the tenant is in any case obliged to pay 1 month’s rent to the landlord before the delivery date as well as the rental costs for the tenant.
  6. After payment of the amounts due to TVH and sending of the lease agreement by TVH, the responsibility of TVH expires and from that moment on the tenant has only obligations to the landlord.

Article 7 Liability

  1. TVH excludes any liability arising from its services.
  2. TVH shall never be liable for an amount higher than the amount of the claim of its liability insurance in the case concerned. In any event, if the insurer of TVH does not pay or the damage is not covered by the insurance, the liability of TVH shall be limited to the invoice value of the assignment, at least that part of the contract to which the liability relates.
  3. TVH cannot be held responsible for any information that is or will be available on our website, its affiliated websites, or other information carriers.
  4. TVH shall not be liable for any damage, of any kind, because TVH based itself on incorrect and/or incomplete data provided by the client unless such inaccuracy or incompleteness should be known to TVH.
  5. All oral and written communications regarding any rental of a property are deemed to have been made based on the agreement of the landlord, TVH is not responsible for the accuracy of these communications. If it turns out that no authorisation has been obtained, the rental will not be concluded and no right can be derived from any communication on our part. Any form of liability on our part is excluded.
  6. The final assignment of a property is always with the landlord.
  7. All offers of accommodation and business space made by TVH, both in writing and orally, are non-binding. No rights can be derived from this.
  8. TVH has an intermediary role and any rental agreement is drawn up between the tenant and the landlord. TVH is not a party to this and therefore cannot be held responsible for any negligence or misinformation of both parties. TVH works on behalf of the client and the latter will at all times remain liable for the fulfilment of the rental agreement.
  9. TVH can never, directly or indirectly, be held liable for the amount of rent. Not by the tenant nor by the landlord.
  10. Both the tenant and the landlord cannot and will not hold TVH liable for the amount of the agreed rent and additional costs for delivery and services. The landlord shall at all times be liable for the amount of the rent and the additional costs for delivery and services.

Article 8 Confidentiality

  1. All parties are required to maintain the confidentiality of any confidential information they have obtained from each other or any other source in the course of their assignment. Information shall be considered confidential if communicated by the other party or if it results from the nature of the information obtained.
  2. If by virtue of a legal provision or a court ruling, a party is required to provide confidential information to third parties designated by law or by the competent court, and that party cannot invoke a legal privilege recognised or authorised by the competent court in this respect, this party shall not be liable for damages or compensation to the other party, and the other party shall not be entitled to cancel the assignment based on any damage caused.

Article 9 Disputes and Applicable law

  1. In the event of disputes arising from the agreement or agreements and/or legal acts arising from it, the parties shall endeavour to resolve them initially by mutual agreement.
  2. If it has proved impossible to resolve a dispute as referred to above by good mutual agreement, the dispute will be settled by the competent court of the seat of TVH.

Article 10 Managing funds

Keeping a deposit paid to TVH. Tijdelijk THV kan beslissen dat een betaalde borg door huurders op verzoek van de huurder, bank , deurwaarder geparkeerd kan blijven op een rekening van THV. TVH may also make this decision unilaterally if they see the need to do so, or keep the deposit for the safety of the tenants. A deposit paid is the property of the tenants and may therefore not be used by the landlord or TVH. After consultation with tenant and landlord, in combination with a final inspection report at the end of the agreement, TVH will return the deposit to tenants, less any damages or rent arrears that have demonstrably arisen. The landlord will continue to hold its responsibilities regarding the content of the rental agreement in the event TVH is no longer able to fulfil its obligations.
To any assignment between TVH and the client, and any resulting legal acts and/or disputes, Dutch law shall apply.

Rent out your home carefree during your absence, then you are in good hands with us.

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Contact

Temporarily From Home
Edisonstraat 6
5051 DS Goirle Nederland
+316 41010169
Info@tijdelijkvanhuis.nl

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