General Terms and Conditions for Landlords of RNC Wonen
Table of Contents
Chapter 1: General
Chapter 2: Rental Service
Chapter 3: Management
Chapter 1: General
Article 1: Definitions
1.1. In these general terms and conditions, the following terms, with an initial capital letter, shall be used in the following meaning, unless explicitly stated otherwise or the context indicates otherwise:
- Company: The legal entity or natural person acting in the exercise of their profession or business.
- Consumer: The natural person who does not act in the exercise of their profession or business.
- Client: The natural person or legal entity who has entered or wishes to enter into an agreement with RNC Wonen.
- Agreement: The agreement between RNC Wonen and the Client regarding rental mediation or rental mediation and management.
- Parties: The Client and RNC Wonen together.
- RNC Wonen: The party using these terms and conditions: RNC Wonen B.V., located at Schoolstraat 11 in Moergestel, registered with the Chamber of Commerce under KvK number 84780932.
- In Writing: In writing or by e-mail.
- Access Means: Keys, access codes, access cards, and other means that provide access to the Residential Property.
- Work: Any work under the Copyright Act created or made available by RNC Wonen under the Agreement.
- Residential Property: The rental property related to the Agreement.
1.2. Terms mentioned in the singular refer also to the plural and vice versa, unless the context requires otherwise.
Article 2: General
2.1. These general terms and conditions apply to every offer made by RNC Wonen concerning rental mediation and management, and to all Agreements.
2.2. Deviations from these terms are only valid if explicitly agreed upon in writing by the Parties.
2.3. The terms and conditions of the Client, such as purchase terms, are explicitly excluded.
2.4. If these general terms and conditions have previously applied to a legal relationship between RNC Wonen and the Client, they are deemed to also apply to future Agreements, including subsequent assignments.
2.5. If a provision of these terms is declared invalid or void, the remaining provisions remain fully in force. The invalid provisions will be replaced by provisions that, as much as possible, reflect the original intention.
2.6. Failure to immediately enforce compliance with these terms does not mean that RNC Wonen waives the right to demand compliance later.
2.7. RNC Wonen reserves the right to change these general terms and conditions. Modified terms will be communicated to the Client in writing with a notice period of at least 2 months before the effective date. In case of significant adverse changes, the Client may terminate the Agreement on the date the new terms take effect.
Article 3: Offer
3.1. Every offer from RNC Wonen is non-binding.
3.2. Obvious errors or mistakes on the RNC Wonen website or in (digital) documents and publications are not binding on RNC Wonen.
3.3. Listed rates do not automatically apply to future Agreements.
Article 4: Formation of the Agreement
4.1. The Agreement is concluded at the moment when RNC Wonen and the Client sign the (digital) assignment for services.
Article 5: Execution of the Agreement by RNC Wonen
5.1. All obligations of RNC Wonen under the Agreement are obligations of effort.
5.2. RNC Wonen will carry out the work to the best of its ability and act as a careful professional. However, RNC Wonen does not guarantee a specific result.
5.3. RNC Wonen has the right to involve third parties in the execution of the Agreement without prior notice to the Client.
5.4. RNC Wonen will begin the execution of the Agreement once all required data from the Client has been received.
Article 6: Deadlines
6.1. If a deadline is agreed upon, it is considered an approximate deadline. A stated deadline is not a fatal deadline. If RNC Wonen does not perform within the agreed deadline, the Client must notify RNC Wonen in writing and provide a reasonable period to fulfill the obligation.
Article 7: Obligations of the Client
7.1. The Client must ensure that all information and docuents that RNC Wonen indicates as necessary or that can reasonably be understood to be necessary, are provided on time.
7.2. The Client must immediately inform RNC Wonen of any relevant facts or circumstances regarding the execution of the Agreement.
7.3. The Client must comply with all applicable laws and regulations, including those that come into effect after the Agreement is concluded.
7.4. It is the responsibility of the Client to comply with relevant laws and regulations regarding the ownership and rental of the Residential Property.
7.5. If the Residential Property is sold, the Client must inform RNC Wonen as soon as possible, after which the Parties will make arrangements to terminate the Agreement.
7.6. The Client indemnifies RNC Wonen from claims by third parties, including tenants, who suffer damages due to actions or omissions of the Client.
Article 8: Access Means
8.1. The Client is responsible for providing the Access Means in a timely manner.
8.2. RNC Wonen will handle the provided Access Means with care.
8.3. In the event of loss or theft of Access Means, RNC Wonen will inform the Client as soon as possible. RNC Wonen is not liable for damages resulting from this, such as theft or damage to property. The Client is responsible for insuring their property.
8.4. After reporting loss or theft, the Client is obligated to replace the locks and/or access systems at their own cost and risk and provide new Access Means to RNC Wonen.
8.5. If Access Means change, the Client must provide RNC Wonen with the new Access Means as soon as possible.
Article 9: Invoices and Payment
9.1. Invoices will be sent to the Client by e-mail.
9.2. The Client must pay invoices within 14 days from the invoice date.
9.3. Payment must be made without discount or offsetting.
9.4. In the event of late payment, the Client is in default. If the Client is a Business, they owe 1% interest per month from the moment of default, unless the legal interest rate for business transactions is higher. For the Client as a Consumer, the legal interest rate for consumer transactions applies. All collection costs, both judicial and extrajudicial, will be borne by the Client. The extrajudicial collection costs for Businesses are set at 15% of the principal amount with a minimum of €150. For Consumers, the extrajudicial collection costs will be in accordance with the Debt Collection Costs Act.
9.5. In the event of liquidation, bankruptcy, seizure, or suspension of payment of the Client, RNC Wonen’s claims are immediately due and payable.
9.6. Payments by the Client will first be applied to interest and collection costs, and then to the outstanding principal amount.
9.7. RNC Wonen can withhold items, data, or documents received or generated in connection with the Agreement until all amounts owed have been paid.
9.8. Objections to the invoice amount must be submitted in writing to RNC Wonen within 7 days of the invoice date. An objection does not suspend the payment obligation.
Article 10: Rate Changes
10.1. RNC Wonen has the right to adjust rates annually, for example, based on inflation. The Client will be informed in writing at least 3 months before the effective date of a rate change.
10.2. If the Client does not agree with the rate change, they may terminate the Agreement.
Article 11: Liability and Limitation
11.1. RNC Wonen is not liable for damages directly or indirectly arising from: a. Events beyond its control, as described in Article 13.1; b. Actions or omissions of the Client.
11.2. The Client guarantees the accuracy and completeness of the information provided to RNC Wonen. RNC Wonen is not liable for damages due to incomplete or deficient information from the Client.
11.3. The Client is responsible for decisions, whether or not based on advice from RNC Wonen.
11.4. RNC Wonen is not liable for loss or damage to data due to telecommunications.
11.5. RNC Wonen is not liable for damages caused by tenants or third parties.
11.6. RNC Wonen is not liable for damage to the Residential Property or items in or around the Residential Property, unless caused by intent or gross negligence.
11.7. RNC Wonen is not liable for indirect damages or consequential damages, such as lost profits, lost rental income, refunds to tenants, reputational damage, missed savings, labor costs, and fines.
11.8. If RNC Wonen is liable, the liability is limited to the amount paid by the insurer. If no insurance applies, the liability is limited to the invoice amount for the relevant work, with a maximum of three months' basic rent of the Residential Property.
11.9. Claims for defects in the execution of the Agreement expire 1 year after the discovery or reasonable discovery of the damage.
Article 12: Suspension and Termination
12.1. RNC Wonen may suspend the execution of the Agreement if the Client fails to meet their obligations. The Client will be informed in writing of this suspension.
12.2. RNC Wonen may terminate the Agreement in writing without owing compensation if: a. There is a serious disruption in the relationship between the Parties; b. The Client has provided incorrect information when entering into the Agreement, which affects the terms of the Agreement; c. The Client fails to meet their obligations after being put in default, or if fulfillment is permanently impossible, the notice of default can be omitted; d. The Client is declared bankrupt, applies for suspension of payments, is placed under guardianship or receivership, or is unable to pay their debts.
Article 13. Force Majeure
13.1. RNC Wonen is not required to fulfill any obligation under the Agreement if it is impossible due to force majeure. Force majeure includes, but is not limited to, the following: a non-culpable failure of a third party involved, temporary unavailability or insufficient availability of necessary hardware, software, and/or internet or other telecommunication connections, extreme weather conditions, government measures, power outages, war, war threats, riots, terrorism, fire, theft, data loss due to computer failures, virus infections, computer breaches by third parties, cyberattacks, epidemics, pandemics, quarantine obligations, illness, or personal (family) circumstances of the individual acting on behalf of RNC Wonen, changes in laws and/or regulations, or any other situation over which RNC Wonen has no decisive control.
13.2. In the event of force majeure, RNC Wonen is temporarily relieved of the obligation to perform the agreed-upon work. Depending on the circumstances, this may apply entirely or partially, or there may be a suspension of the performance.
13.3. If a force majeure situation arises on the part of RNC Wonen, RNC Wonen will inform the Client as soon as possible.
Article 14. Complaints
14.1. Complaints regarding the completed work must be submitted in writing by the Client to RNC Wonen within 14 days after the completion of the relevant work.
14.2. After submitting a complaint, the Client must give RNC Wonen the opportunity to investigate the validity of the complaint and, if necessary, to perform the agreed-upon work again. The fact that RNC Wonen investigates the complaint does not imply that RNC Wonen acknowledges that the work performed is defective.
Article 15. Copyrights
15.1. The copyright of the Work is held by RNC Wonen or its licensor. The provision of the Work does not transfer any copyrights.
15.2. The Client only has the right to use the Work in accordance with the Agreement.
15.3. The Client must respect the copyrights of RNC Wonen and its licensor at all times.
Article 16. Integrity, Confidentiality, and Processing of Personal Data
16.1. The Parties must act with integrity towards each other. This includes: a. Treating each other with respect; b. Not engaging in actions that lead to conflicts of interest; c. Keeping confidential information obtained from each other or from other sources in the context of their Agreement confidential. Information is considered confidential if it has been communicated as such by the other Party or if it arises from the nature of the information. The Party receiving confidential information will only use it for the purpose for which it was provided.
16.2. If RNC Wonen is required by law or court order to provide confidential information to a third party designated by the law or competent court, and RNC Wonen cannot invoke a legal or court-recognized privilege, RNC Wonen is not obligated to compensate for damages.
16.3. RNC Wonen processes personal data in accordance with its privacy statement, available on its website.
Article 17. Transfer
17.1. The Client may not transfer its rights and obligations arising from the Agreement to a third party without prior written consent from RNC Wonen.
Article 18. Applicable Law and Competent Court
18.1. Dutch law applies to every Agreement between RNC Wonen and the Client.
18.2. All disputes arising from or related to Agreements between the Client and RNC Wonen will be submitted to the competent court in the district where RNC Wonen is located. If the Client is a Consumer, they have one month to choose the competent court according to the law, after RNC Wonen has invoked this clause in writing to the Client.
Chapter 2: Rental Service
The provisions in this chapter apply to the Rental Service provided by RNC Wonen on behalf of the Client, in addition to the other provisions in these general terms and conditions.
Article 19. Duration, Termination, and Ending of the Agreement
19.1. The Agreement for the Rental Service is concluded for an indefinite period.
19.2. Both Parties can terminate the Agreement at any time.
19.3. Termination must be done in writing.
19.4. The Agreement ends automatically without termination being required as soon as RNC Wonen has completed the rental service and a rental agreement with a tenant has been concluded.
Article 20. Obligations of the Client
20.1. The Client confirms that they are authorized to rent out the Property and possess all necessary permits and permissions, including but not limited to consent from the Homeowners’ Association (VvE), mortgage provider, and municipal permits.
20.2. The Client must immediately review any draft rental agreement provided by RNC Wonen and inform RNC Wonen of any adjustments within 5 working days of receipt.
20.3. The Client is responsible for: a. Paying taxes related to the received rental income; b. Informing third parties, such as an insurer, Homeowners’ Association (VvE), or mortgage provider, about renting out the Property; c. Providing the tenant with the energy label of the Property.
20.4. The Client guarantees that the Property complies with all legal requirements regarding safety and health.
20.5. The Client guarantees that the Property will be available to the tenant during the rental period.
20.6. The rental agreement will be drafted based on the Client's desired terms, such as the duration, rent, and advance payments. RNC Wonen is not liable for the consequences of these terms, such as a tenant’s claim to rent protection or proceedings at the Rent Tribunal.
20.7. If the Client gives another party the task of rental mediation in addition to RNC Wonen, this must be reported in writing to RNC Wonen. Without such notice, the rental mediation is exclusively granted to RNC Wonen.
20.8. If the Client negotiates with a potential tenant or rents out the Property without RNC Wonen’s involvement, they must immediately inform RNC Wonen.
20.9. If the Property is no longer available for rental, the Client must immediately inform RNC Wonen.
Article 21. Permits
21.1. The application for permits or approvals for the rental is not part of RNC Wonen’s duties.
21.2. If a rental permit expires, RNC Wonen cannot be held liable for this.
Article 22. Position of RNC Wonen
22.1. RNC Wonen is not a contractual party in the rental agreement. The Client is the landlord and the contractual party with the tenant. If RNC Wonen also provides financial management of the Property and signs the rental agreement, it does so on behalf of the Client, and the Client remains the contractual party with the tenant.
Article 23. Commission and Collection of Amounts on Behalf of the Client
23.1. The Client owes RNC Wonen a commission if RNC Wonen has concluded a rental agreement between the Client and a tenant.
23.2. The commission remains owed in the following cases: a. If the rental agreement is terminated by the Client after signing; b. If the Property cannot be rented out due to the lack of a permit; c. If the tenant cancels the rental agreement after signing.
23.3. If article 23.2 c. applies, the tenant is still obliged to pay one month’s rent to the Client as compensation for missed rental income.
23.4. RNC Wonen collects the deposit, first rental payment, and security deposit on behalf of the Client.
23.5. The commission owed by the Client to RNC Wonen is offset against the deposit and first rental payment that RNC Wonen collects on behalf of the Client from the tenant.
23.6. The commission is still owed if the rental agreement is concluded after the Client has terminated the Agreement, but it is the result of RNC Wonen’s services, and it is reasonable to claim the full commission given the circumstances.
23.7. If the commission is owed but cannot be offset as per article 23.5, RNC Wonen will send the Client an invoice for the commission.
Article 24. Liability
24.1. RNC Wonen is not liable if the work does not result in a rental agreement.
24.2. RNC Wonen is not liable for vacancy of the Property.
24.3. RNC Wonen is not liable if the rental of the Property violates any laws or regulations or if the Client is not authorized to rent the Property, including any imposed fines or sanctions.
24.4. RNC Wonen is not liable if any term in the rental agreement, such as a deviating rent, is included at the Client's request and differs from RNC Wonen’s advice.
24.5. RNC Wonen is not liable for the consequences of a tenant's request at the Rent Tribunal, such as reimbursement by the Client or a rent reduction.
24.6. RNC Wonen is not liable for the consequences of changes in laws and regulations, such as with regard to permits.
24.7. RNC Wonen is not liable for the actions of the tenant or for compliance with the obligations of the tenant after signing the rental agreement. RNC Wonen is also not liable for missed rental payments, interest, or any other damage suffered by the Client due to the tenant’s failure to pay on time.
Article 25. Indemnity
25.1. The Client indemnifies RNC Wonen against all claims from third parties, including governments and tenants, related to the offered
Article 26: Fees and Payments
26.1. The Client shall pay a fee of €750.00 excluding VAT for the rental service provided by RNC Wonen upon successful mediation. If the gross monthly rent is lower than this amount, the Client will owe a fee equal to one gross month's rent excluding VAT.
26.2. If the Client rents out multiple properties, customized rates may be agreed upon. The Client should contact RNC Wonen for a tailored quote.
26.3. All payments must be made within 14 days from the invoice date in the manner specified by RNC Wonen, unless otherwise agreed in writing.
26.4. In case of late payment, the Client will be in default without further notice, and RNC Wonen is entitled to charge statutory interest.
Chapter 3: Management
The provisions in this chapter "Management" apply to the management services performed by RNC Wonen on behalf of the Client, in addition to the other provisions of these general terms and conditions.
Article 26: Duration of the Agreementd
26.1. The management agreement is entered into for an indefinite period, with a minimum initial term of six months.
26.2. After the first six months, the agreement can be terminated at any time in writing.
26.3. After termination of the agreement, RNC Wonen will, upon the Client's request, provide all (digital) documents related to the managed Property to the Client. This request must be made within 3 months after the termination of the agreement.
Article 27: Management Options and Packages
27.1. RNC Wonen offers the following management packages:
Package A: Financial/Administrative Management: Monthly fee of 4.5% of the gross rent excluding VAT.
Package B: Technical Management: Monthly fee of 4.5% of the gross rent excluding VAT.
Package C: Financial/Administrative and Technical Management: Monthly fee of 8% of the gross rent excluding VAT.
27.3. When technical management is selected, the tenant gains access to a portal to report defects or malfunctions to RNC Wonen.
Article 28: Execution of Work and Emergencies
28.1. RNC Wonen is authorized to perform maintenance work on the Property without prior approval from the Client, up to the maximum amount specified in the agreement. This amount is set per agreement and may vary depending on the arrangements between RNC Wonen and the Client. Costs exceeding this amount are for the Client's account, unless otherwise agreed.
28.2. In the event of an emergency, RNC Wonen has the right to carry out necessary emergency repairs without prior approval from the Client, even if the costs exceed the maximum amount specified in the agreement. These measures are intended to limit damage or ensure safety.
28.3. If RNC Wonen needs to perform work outside regular office hours due to an emergency, additional costs may be charged to the Client. The amount of these extra costs will be agreed upon with the Client prior to the work, unless other arrangements are already stipulated in the agreement.
Article 29: Costs of Third-Party Work
29.1. Estimates of costs for third-party work provided by RNC Wonen serve as an indication and are not fixed prices, unless explicitly stated otherwise. No rights can be derived from these estimates.
29.2. RNC Wonen is not liable if the actual costs of third parties deviate from the provided estimate.
29.3. The moments when costs for third-party work will be charged will be communicated to the Client in writing in advance.
29.4. Orders for third parties will only be carried out after written approval from the Client, unless it concerns urgent work as described in Article 28.
Article 30: Mediation and Appointment
30.1. If RNC Wonen mediates in the formation of an agreement between the Client and a third party, RNC Wonen is not a party to this agreement and does not bear responsibility for the third party's compliance with it.
30.2. When RNC Wonen enters into an agreement on behalf of the Client with a third party as part of the management, the Client assumes the economic risk of this agreement.
Article 31: Client's Obligations
31.1. The Client must grant RNC Wonen all necessary authorities to properly execute the management.
31.2. The Client must provide a phone number at which they can be reached outside office hours for urgent maintenance work or emergencies.
Article 32: Settling and Payments
32.1. In case the Client opts for financial management by RNC Wonen, the rent collected by RNC Wonen, minus the management fees owed, will be transferred monthly to the Client's bank account.
32.2. If the rent collected in a month is insufficient to cover the management fees, RNC Wonen will send the Client an invoice for the outstanding amount.