General Terms & Conditions
General Terms & Conditions
Lieben Eventives BV
(trading as "Star Housing Maastricht")
Article 1: Applicability
1 These terms & conditions shall apply to all offers and all agreements that Lieben Eventives B.V., with principal place of business at Hertogsingel 55b in 6211 ND Maastricht, trading as "Star Housing Maastricht" and hereinafter referred to as ‘Star Housing’, concludes with its business relations, hereinafter referred to as ‘counterparty’.
2 Inasmuch as any of the following provisions specifically addresses a situation in which the counterparty is a natural person and is not acting in exercise of a profession or business, that person shall be referred to as ‘the consumer’.
3 Provisions in derogation of these general terms & conditions shall only form part of the agreement concluded between parties if and to the extent that parties have expressly agreed that in writing.
4 The term “in writing” in these general terms & conditions shall also mean by e-mail, by fax or any other means of communication that, in view of the state of technology and opinions generally held in society, can be equated to that.
5 The written reports, documents, (valuation) reports, studies etc. drawn up by Star Housing or issued by the counterparty shall hereinafter be referred to as ‘the documents’. ‘Documents’ shall be deemed to mean written items and works recorded on other media, such as computer discs, USB sticks or other information carriers unless parties have expressly agreed otherwise.
6 The ineffectiveness of any (part of a) provision of these general terms & conditions, for any reason whatsoever, shall leave the effectiveness of the remaining provisions untouched.
7 Inasmuch as Star Housing does not demand compliance by the counterparty with reasonable urgency, that shall leave the right of Star Housing to compliance untouched.
8 The counterparty may not appeal to the fact that these general terms & conditions have not been provided if Star Housing had previously provided these general terms & conditions to the counterparty for another transaction.
9 Star Housing reserves the right to amend its general terms & conditions in the event of changed legislation.
Article 2: Agreements, orders
1 Verbal agreements shall bind Star Housing only after being confirmed by Star Housing in writing or as soon as Star Housing has begun execution with the consent of the counterparty.
2 Written orders from the counterparty must be accompanied by a clear description of the services to be rendered.
3 The changes requested by the counterparty after placing the order in the execution thereof, further instructions and other communication relating to the order, must be made known by the counterparty to Star Housing promptly and in writing. All this unless parties have explicitly agreed otherwise in writing.
4 Changes of any kind whatsoever in the original order made by or on behalf of the counterparty, and which may result in higher costs than could be taken into account in the quotation and/or order acknowledgement, will be charged to the counterparty as additional work.
5 Addenda or amendments of the general terms & conditions or other amendments or addenda to the agreement shall only be binding if confirmed in writing by Star Housing.
Article 3: Offers
1 All offers, price and tariff lists of Star Housing are without obligation unless they contain a deadline for acceptance. If an offer includes an offer without obligation and that offer is accepted by the counterparty, Star Housing shall be entitled to revoke the offer within 2 working days of receiving the acceptance.
2 Inasmuch as the counterparty does not accept an offer, it shall be obliged to return all documents supplied with the offer to Star Housing.
3 Prices resp. tariffs in offers are based on the information issued by the counterparty ahead of the offer. Should that information be subsequently changed, that may entail consequences for the prices resp. tariffs.
4 If the acceptance of the counterparty differs from the offer, Star Housing shall not be bound by it. No contract has then come about unless parties have explicitly agreed otherwise in writing.
5 A combined quotation shall not oblige Star Housing to deliver any part of the documents and/or services included in the offer or to perform any part of the work included in that offer against a proportionate part of the price.
6 Examples of the documents displayed and/or issued, as well as other information in brochures, promotion material and/or on the website of Star Housing are as accurate as possible but serve merely as an indication. No rights may be derived from them unless parties have explicitly agreed otherwise in writing.
7 The examples mentioned in the foregoing paragraph remain the property at all times of Star Housing and must be returned at first request of Star Housing unless parties have explicitly agreed otherwise in writing.
Article 4: Involvement of third parties
If and to the extent that proper fulfilment of the agreement requires same, Star Housing shall be entitled to have certain work resp. deliveries performed by third parties at the discretion of Star Housing.
Article 5: Obligations of the counterparty
1 The counterparty must ensure that:
a any information needed for fulfilment of the agreement is provided to Star Housing in the form wanted by Star Housing;
b Star Housing is given access at the agreed points in time to the location Star Housing needs to view resp. inspect in the context of fulfilling the agreement;
c the information media, electronic files, software etc. to be delivered to Star Housing by the counterparty are free of viruses and/or defects.
2 The counterparty shall ensure that the information given is correct and complete. The counterparty indemnifies Star Housing for consequences ensuing from the fact that the information is incorrect and/or incomplete.
3 The counterparty shall inform Star Housing of any developments relevant, or that might be relevant, to execution of the agreement and possible conclusion of additional and/or new agreements.
4 If the obligations set out in this article are not met on time, Star Housing shall be entitled to suspend fulfilment of the agreement until such time as the counterparty has in fact fulfilled those obligations. The costs associated with the delay, resp. the costs of performing additional work and other consequences as a result, are for the account and risk of the counterparty.
5 The counterparty must itself make agreements with: mortgage issuers, the (Dutch) Inland Revenue service, local authorities etc. and is liable for any claims of any kind by such parties that may ensue from the agreement concluded by the landlord with the tenant. The counterparty indemnifies Star Housing for such claims.
Article 6: Personal details
The personal details of the counterparty shall be placed in the files of Star Housing.
Star Housing issues no information to third parties without the consent of the counterparty. The information registered will be used exclusively by Star Housing for the purpose of fulfilling agreements concluded by it with the counterparty within the context of its business.
Article 7: Delivery, delivery times
1 Dates set, within which Star Housing must have performed the work resp. delivered the documents and/or services, can never be regarded as deadlines unless parties have explicitly agreed otherwise in writing. If Star Housing fails to meet its obligations under the agreement, or not on time, it must therefore be placed in default in writing.
2 The risk related to the documents delivered passes to the counterparty at the moment of delivery. Delivery in the context of these general terms & conditions means the moment at which the documents to be delivered are in fact at the disposal of the counterparty.
3 Should it appear impossible to deliver the documents resp. services to the counterparty or to perform the agreed work, Star Housing reserves the right to store the documents at the risk of the counterparty. After storage, a period of 1 month shall apply, within which the counterparty must put Star Housing in a position to still deliver the documents resp. services unless Star Housing has explicitly set another deadline.
4 Inasmuch as the counterparty remains in arrears in meeting its obligations even after expiry of the deadline mentioned in paragraph 3 of this article, the counterparty shall be deemed in default and Star Housing shall be entitled to rescind the agreement in full or in part in writing and with immediate effect without prior notice of default, without judicial intervention and without being expected to pay damages, costs and interest. Star Housing shall then be entitled to destroy the documents already produced.
5 The foregoing shall not touch upon the obligation of the counterparty to pay the agreed resp. stipulated resp. owed price, as well as any costs.
6 Inasmuch as fulfilment of the agreement needs to be accelerated, any overtime and/or other extra costs incurred may be charged.
7 Star Housing shall be entitled – with regard to fulfilment of the financial obligations of the counterparty – to demand advance payment or security from the counterparty before proceeding to deliver resp. starting to perform the work.
Article 8: Progress, fulfilment of the agreement
1 Star Housing shall be expected to fulfil the agreement in an expert, careful manner and in line with the standards in force in its sector.
2 Star Housing can however not be obliged to begin delivery of the documents and/or services resp. execution of the work until all information necessary for that purpose is in its possession and it has received any agreed (advance) payment. In the event of any delays as a result, the delivery dates given will be adjusted proportionally.
3 If the work or the deliveries cannot take place normally or without interruption for reasons beyond the control of Star Housing, for example through incomplete provision of information by the counterparty, Star Housing shall be entitled to charge the costs as a result to the counterparty.
4 Should it appear during fulfilment of the agreement that it is infeasible, be it as the result of circumstances now known to Star Housing, be it by any form of force majeure, Star Housing shall enter into consultation with the counterparty about changing the agreement such that fulfilment of the agreement will be possible. Star Housing shall inform the counterparty thereby of any consequences for the agreed prices resp. tariffs and/or the agreed delivery dates. All this except where fulfilment of the agreement will never be possible because of the unknown circumstances or force majeure. Star Housing shall then in any event be entitled to full remuneration for the work resp. deliveries already performed by Star Housing.
5 All incidental costs incurred by Star Housing at the request of the counterparty shall be entirely for the account of the latter unless parties have explicitly agreed otherwise in writing.
Article 9: Mediation
1 Any agreement for mediation shall run for an indefinite time unless parties have explicitly agreed otherwise in writing.
2 Star Housing will endeavour to the best of its ability and knowledge to achieve the result desired resp. envisaged by the counterparty. This shall, however, only ever mean an obligation on Star Housing to make efforts and no obligation to achieve results. Should said result not be achieved, that shall not release the counterparty from its obligations vis-à-vis Star Housing, with the exception of any obligations that parties have explicitly coupled with achievement of the envisaged result.
Article 10: Termination of agreements on mediation
1 Unless otherwise agreed and without prejudice to the provisions of article 18 of these general terms & conditions, any agreement on mediation ends, inter alia, through:
a fulfilment of the agreement by Star Housing;
b cancellation by the counterparty;
c cancellation by Star Housing.
2 The agreement shall be deemed fulfilled as soon as the envisaged result has been achieved.
3 Star Housing shall be entitled to cancel the agreement with immediate effect by means of a registered letter if, among other things, but not exclusively:
a) the counterparty acts in conflict with any provision of the agreement, the General Terms & conditions or any other agreement concluded between Star Housing and the counterparty of any kind whatsoever, notwithstanding the right of Star Housing to full compensation for damages or fulfilment;
b) in the event of bankruptcy, (provisional) moratorium under Dutch law (surseance van betaling), any private agreement with creditors or declaration of application of the debt restructuring arrangements for natural persons (schuldsaneringsregeling voor natuurlijke personen);
c) if, in the opinion of Star Housing, there is any question of a serious disturbance of the relationship between Star Housing and the counterparty;
d) if the counterparty, in the opinion of Star Housing, has fallen publicly or commercially into serious disrepute;
e) if the counterparty establishes itself outside the Netherlands and this causes insurmountable problems for Star Housing;
f) if it transpires that the counterparty has given incorrect information to Star Housing upon entering into the agreement of the kind that, had Star Housing been aware of that information, it would not have concluded the agreement or not under the same conditions;
g) if there is any question of other circumstances that, in the opinion of Star Housing, speak against continuation of the agreement.
4 Cancellation of the agreement shall leave the payment obligations of the counterparty untouched.
5 In the event of cancellation by Star Housing, Star Housing shall be entitled to full reimbursement by the counterparty of costs incurred up to that point in time unless parties have explicitly agreed otherwise in writing.
Article 11: Fee, costs and fee notes
1 Inasmuch as, between the date of conclusion of the agreement and fulfilment of the agreement, the government and/or professional organisations make changes to salaries, working conditions or social security etc., Star Housing shall be entitled to pass on the increases to the counterparty. Should a new price or tariff list be put into effect by Star Housing resp. the third parties it has engaged, between the above dates, Star Housing shall be entitled to charge the prices resp. tariffs quoted in it to the counterparty.
2 For agreements concluded with consumers, the rule is that price increases 3 months after the agreement came about can be passed on resp. charged. In the event of price increases within a period shorter than 3 months, the consumer is entitled to rescind the agreement.
Article 12: Complaints
1 Immediately upon receiving the documents, the counterparty shall be obliged to check those documents. Any visible errors or shortcomings must be reported to Star Housing by no later than 2 working days of receipt of the documents followed by a written confirmation thereof.
2 Other complaints – including complaints with regard to the work performed or the services rendered – must be reported to Star Housing by registered mail immediately upon being discovered. All consequences of failure to report immediately are for the risk of the counterparty. Such complaints must in any event be reported to Star Housing within 14 days of delivery of the services or completion of the work.
3 Inasmuch as aforementioned complaints have not been reported to Star Housing within the defined periods, the documents resp. services shall be deemed delivered in accordance with the agreement and the work shall be deemed correctly performed.
4 Star Housing must be put in a position to investigate any complaints.
5 In drawing up the documents, Star Housing shall have the creative and intellectual freedom to come to certain conclusions based on its own insight, own methods and own interpretations. Under no circumstances shall that be cause for complaint.
6 Inasmuch as recalculation or changes appear necessary other than as defined in paragraph 6 of article 12, same shall take place for the account and risk of Star Housing only to the extent that Star Housing has expressed its explicit written consent beforehand.
7 In the event of justified complaints, the claim shall be processed pursuant to the provisions of article 13 of these general terms & conditions.
Article 13: Liability and guarantee
1 Inasmuch as Star Housing mediates in bringing about an agreement between landlord and tenant, it shall under no circumstances be deemed party to that agreement and shall not be liable for the content and execution of the tenancy agreement. Under no circumstances shall Star Housing be liable if the rent and/or the agreed (service) costs and/or associated payments, whether one-time or not, are not in accordance with the statutory rulings on (rent) regulation.
2 Star Housing shall discharge its duties as may be expected from a company in its sector, but accepts no liability whatsoever for losses, to include consequential losses, trading losses, lost profits and/or stagnation losses as the result of acts or omissions of Star Housing, its personnel or third parties engaged by it except where compelling provisions of law dictate otherwise.
3 The website of Star Housing (www.starhousing.nl) is intended for provision of information to visitors to the website. Even though the content of this website has been put together with the greatest possible care and is continuously reviewed against current developments, no rights or claims may be derived from its content.
4 Star Housing shall not be liable for losses suffered by the counterparty as the result of acts or omissions by the other party in a tenancy agreement coming about through the mediation of Star Housing.
5 The liability limitations included in this article shall not apply if the loss is imputable to malicious intent and/or reckless negligence of Star Housing, its board of directors and/or management personnel.
6 Notwithstanding the provisions of the other paragraphs of this article, liability shall at all times be limited to the amount payable by the insurers of Star Housing in the case in point to the extent that Star Housing is insured for it.
7 Inasmuch as Star Housing is not insured as defined in article 13 (6), the liability of Star Housing shall at all times be limited to the amount charged by Star Housing to the counterparty for its work and/or services and/or the remuneration to be paid during at most one year.
8 In the event of late and/or incomplete provision of information by the counterparty, Star Housing shall not be liable for the late and incomplete processing of that information, nor for the consequences thereof for the counterparty.
9 Inasmuch as the documents delivered display obvious errors, shortcomings etc., which must have been present at the time of delivery, Star Housing undertakes to correct or replace, at its discretion, the documents free of charge.
10 The counterparty loses its rights vis-à-vis Star Housing and shall be liable for all losses and indemnify Star Housing for all claims of third parties to compensation for damages if and to the extent that:
a such losses have been caused by incompetent use by the counterparty of the documents resp. the services rendered, and/or use in conflict with instructions or advice from Star Housing;
b such losses have been caused by the counterparty having otherwise acted contrary to instructions and/or advice given by Star Housing;
c such losses have been caused by errors, shortcomings and/or inaccuracies in information, information media etc. given and/or prescribed (including advice, documents etc. from third parties) by or on behalf of the counterparty to Star Housing and Star Housing has based and/or executed the service to be rendered on such information.
Article 14: Payment
1 Unless otherwise agreed, the counterparty shall pay all amounts owed to Star Housing within 14 days of invoice date. That date shall be deemed a deadline. In the event of late payment:
a the counterparty shall pay to Star Housing interest on arrears owed of 2% per month to be calculated cumulatively on the principal. Parts of a month shall be considered a full month;
b the counterparty shall, after being reminded by Star Housing to do so, in respect of extrajudicial costs, owe no less than 15% of the amount of the principal and the interest on arrears with a minimum of €250.00;
2 All amounts owed by the counterparty to Star Housing shall be paid by the counterparty without any appeal to discount, suspension, offsetting or revocation.
3 At the discretion of Star Housing, the agreement can be cancelled in the above or similar circumstances without further notice of default or judicial intervention, whether or not combined with a demand for damages.
4 Inasmuch as the counterparty has not fulfilled its payment obligations in good time, Star Housing shall be entitled to suspend the fulfilment of the obligations it has entered into vis-à-vis the counterparty to deliver resp. carry out work until payment has taken place or appropriate security has been provided. The same shall apply even before the time of going into arrears if Star Housing has reason to suspect that there are grounds to doubt the creditworthiness of the counterparty.
5 Payments made by the counterparty shall always be used to satisfy all interest and costs owed and then to satisfy the oldest open invoices unless the counterparty states explicitly in writing that the payment relates to a later invoice.
6 Inasmuch as the counterparty, for any reason whatsoever, has one or more counterclaims against Star Housing, the counterparty waives any right to offset. Such waiver of the right to offset shall also apply if the counterparty applies for (provisional) moratorium of payment under Dutch law (surseance van betaling) or is declared bankrupt.
Article 15: Intellectual property rights
1 Star Housing is and remains holder of all intellectual property rights based on or in connection with, resp. belonging to, documents produced by Star Housing unless parties have explicitly agreed otherwise in writing.
2 The exercising of the rights mentioned in the previous paragraph of this article – to include publication or transfer of information – is reserved explicitly and exclusively for Star Housing during and after fulfilment of the agreement. The counterparty shall in any event not be permitted to copy or duplicate the documents issued by Star Housing, forward them to third parties or give sight of such documents to third parties without its explicit permission. Nor shall the counterparty be permitted, without the prior written permission of Star Housing, to download and copy information from its website.
3 By way of giving information to Star Housing, the counterparty declares that there is no infringement being made of copyright or any other intellectual property rights of third parties and shall indemnify Star Housing, in and out of court, for all consequences, both financial and other, that (might) ensue.
Article 16: Bankruptcy, loss of powers of disposition etc.
1 Notwithstanding the provisions of the other articles of these terms & conditions, the agreement concluded between the counterparty and Star Housing shall be dissolved, without same requiring judicial intervention or any notice of default, at the moment in time that the counterparty:
a is declared bankrupt;
b applies for (provisional) moratorium of payment (surseance van betaling);
c is served a warrant of execution;
d is placed in custody or put under administration;
e otherwise loses powers of disposition or legal capacity with respect to its assets or parts thereof.
2 The provisions of paragraph 1 of this article shall apply unless the executor or administrator recognises the obligations ensuing from the agreement as bankrupt’s debts.
Article 17: Force majeure
1 In cases of force majeure, Star Housing shall be entitled to cancel the agreement or to suspend fulfilment of its obligations vis-à-vis the counterparty for a reasonable period without being required to pay damages.
2 Within the context of these general terms & conditions, force majeure shall be deemed to mean any non-imputable shortcoming on the part of Star Housing, of third parties or suppliers engaged by it or other serious reasons on the part of Star Housing.
3 In the event of force majeure occurring when the agreement has been partially fulfilled, the counterparty shall be expected to fulfil its obligations vis-à-vis Star Housing up to that moment in time.
4 As circumstances which shall be regarded as force majeure shall be deemed: war, uprising, mobilisation, domestic or international unrest, government measures, strikes and lockout by employees or threats of such circumstances, changes of currency exchange rates from those at the time of entering into the agreement, business interruption through fire, failure of automation, internet or electricity, natural phenomena and/or weather conditions.
Article 18: Dissolution, annulment, cancellation
1. a The counterparty waives all rights to dissolution of the agreement pursuant to article 6:265 et seq. Dutch Civil Code (BW) or other provisions of law unless compelling provisions of law dictate otherwise. The foregoing shall apply subject to the right to annul resp. cancel the agreement pursuant to this article.
b. The provisions of subsection a) of this paragraph shall not apply to agreements with consumers.
2 Within the context of these general terms & conditions, annulment shall be deemed termination of the agreement by any of the parties before fulfilment of the agreement begins.
3 Within the context of this agreement, cancellation shall be deemed termination of the agreement by any of the parties after fulfilment of the agreement begins.
4 The counterparty shall be liable vis-à-vis third parties for the consequences of the annulment or cancellation and shall indemnify Star Housing in that respect.
5 Unless explicitly agreed otherwise, amounts already paid by the counterparty shall not be refunded.
Article 19: Applicable law/competent court
1 The law of the Netherlands shall apply exclusively to the agreement concluded between Star Housing and the counterparty. Any disputes ensuing from this agreement shall also be adjudicated under the law of the Netherlands.
2 Any disputes shall be adjudicated by the competent Dutch court unless Star Housing, to the extent that the law does not compellingly dictate otherwise, is accorded the right to make any case pending before the competent court at the place where Star Housing is based.
3 For disputes with consumers, the rule shall apply that, within 1 month of Star Housing notifying them that the case will be placed before the court at the place of business of Star Housing, the consumer can demonstrate that he is opting for adjudication of the dispute by the statutorily competent court.
4 With regard to disputes ensuing from any agreement concluded with a counterparty domiciled outside the Netherlands, Star Housing shall be entitled to act in accordance with the provisions of paragraph 2 of this article or – at its discretion – make the disputes pending before the competent court in the country or state where the counterparty is based.