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TERMS AND CONDITIONS OF SERVICE
The Rental Agency Bucharest
Article 1: Scope, definitions
- These Terms and Conditions of Service, hereinafter referred to as ‘TCS’, govern all agreements that Bucharest Apartment agency, hereinafter referred to as the ‘Estate Agent’, concludes with its clients.
- ‘Instructions for service’ is deemed to mean: the Estate Agent’s best-efforts obligation aimed at bringing about a lease or purchase, against payment of a fee by the Client, for a residential property between the Client and his other party.
- If the Client is the party who wishes to rent residential space and has given instructions to the Estate Agent for this purpose, the other party is deemed to be the (potential) lessor of the relevant residential space. If a Client is the party who wishes to let this residential space and has given instructions for service to the Estate Agent for this purpose, the other party is deemed to be the (potential) lessee of the relevant residential space.
- Provisions that deviate from these TCS only form part of the agreement concluded between the parties if and to the extent that the parties have expressly agreed this in writing.
- If the Client consists of two or more (legal) persons, they will be jointly and severally liable for the performance of all obligations towards the Estate Agent.
- If for whatever reason a provision, or part of a provision, in these Terms and Conditions of Service does not apply, this will not affect the applicability of the remaining provisions.
Article 2: Cooperation of the Client in the performance of the agreement
- The parties will not do and/or omit anything that impedes or may impede proper performance of this agreement. The Client will cooperate in every regard with proper performance of the agreement by both parties, inter alia by promptly providing all necessary data and documents to the Estate Agent.
Article 3: If the Client is a person seeking a house (letting)
Contents of the instructions. Estate Agent’s activities and method
- ‘Search instruction’ means the Estate Agent’s best-efforts obligation to search for suitable rented accommodation for the Client.
- Depending on the Client’s wishes and what the parties agree at the formation of the agreement or possibly thereafter, the Estate Agent’s activities may comprise inter alia the following components:
* providing general information about inter alia the options to find a residential space, the local housing market, the housing permit, rent allowance, tenancy protection, rents, and registration in the municipal personal records database;
* identifying and listing the Client’s housing requirements/search profile;
* searching for suitable residential space based on the Client’s housing requirements/search profile;
* organising one or more viewings by the Client and providing information on one or more houses;
* evaluating viewings with the Client.
Instruction for service:
* Composing a full dossier on the Client and presenting the Clients based on this dossier as a potential lessee to potential lessors and endeavoring that this lessor awards the relevant residential property to the Client;
* negotiating on behalf of the Client with potential lessor(s) about the contents of the lease;
* bringing about a written lease and ensuring that it is signed by both parties;
* providing information on and an explanation of the lease;
* organising the transfer of the residential property;
- The Estate Agent may represent both the (potential) lessor of a residential space and the Client in the formation of a lease for residential space.
- The Client will on his own initiative provide to the Estate Agent all information, data and documents necessary for the performance of the instructions and the Client guarantees the correctness thereof. This information and data may include, without limitation: a valid ID-document, valid proof of residence, recent salary specification(s), employment agreement. The Client is entitled to share this information, data and documents with third parties to the extent this is useful and necessary for the performance of the instructions.
- After the Client has informed the Estate Agent that he wishes to rent a residential property put forward by the Estate Agent with the request to the Estate Agent to bring this to the attention of the lessor and to act as an intermediary in the formation of a lease with the lessor, the Estate Agent will confirm this announcement to the Client by email.
Fee for Estate Agent’s service provision
- If the Estate Agent’s service provision results in a lease for a residential property between the Client and a lessor, the Client will owe the Estate Agent a (brokerage) fee. This fee equals half of one month rent value. The Client will pay this fee to the Estate Agent upon signing of the lease agreement.
- The fee is deemed to be a reasonable fee for the activities the Estate Agent performs for the Clients in the context of the agreement. In this, the parties take account of the fact that the fee owed is at a rate that is customary in the market, and is not connected to the volume of the work to be performed by the Estate Agent, but to a result to be realized.
- If the Client and/or his relations prove to be moving into a residential property the information on which the Client has received from the Estate Agent, the Client will owe the agreed fee to the Estate Agent, regardless of whether the lease was concluded due to the Estate Agent’s work.
- If for whatever reason the Client does not move into the residential property for which a lease has been concluded due to the work of the Estate Agent, or if the lease for this residential property is terminated, voided or dissolved, the Client remains obliged to pay the agreed fee and the Client is not entitled to partial or full restitution of the fee.
- Immediately after the Client and a potential lessor have reached agreement about a lease for a residential property due to the work of the Estate Agent, the Estate Agent will draw up a rent confirmation form containing the key provisions of the lease before drawing up a lease to be signed by both parties. The Client is obliged to sign this rent confirmation form promptly.
Article 4: If the Client is the owner of a residential property (letting)
- ‘Search instruction’ means the Estate Agent’s best-efforts obligation to search for suitable lessee for the Client’s residential space.
- Depending on the Client’s wishes and what the parties agree at the formation of the agreement or possibly thereafter, the Estate Agent’s activities may comprise inter alia the following:
* giving advice on letting residential space and on market conditions;
* inspecting the residential property;
* determining the rental value of the residential space;
* taking photographs of the residential space;
* placing photographs and information about the residential space on the Estate Agent’s website, on various residential property websites, with other estate agents/brokers and/or in other media;
* placement of a ‘To Let’ sign;
* designing and placing a window advert;
* advance screening of potential lessee(s);
* negotiating on behalf of the Client with potential lessee(s) about the contents of the lease;
* forming a written lease and ensuring that it is signed by both parties;
* providing information on and an explanation of the lease;
* organising the transfer of the residential space;
- The Client will on his own initiative provide to the Estate Agent all information and documents necessary for the performance of the instructions and the Client guarantees the correctness thereof.
- If the Estate Agent’s work results in a lease for the residential property for the Client, the Client owes the Estate Agent the fee. This fee equals half of one month rent value.
The Client must pay this fee within 3 days after the invoice is sent to him by the Estate Agent.
- The fee is deemed to be a reasonable fee for the activities the Estate Agent performs for the Client in the context of the agreement. In this, the parties take account of the fact that the fee owed is at a rate that is customary in the market, and is not connected to the volume of the work to be performed by the Estate Agent, but to a result to be realized.
- If the Client appears (also) to be letting the relevant residential property or (also) to have given into use by one or more persons or parties whose information the Client has obtained from the Estate Agent, the Client owes the agreed fee to the Estate Agent, regardless of whether the lease was concluded due to the Estate Agent’s work.
- If for whatever reason the lessee with whom the Client has concluded a lease due to the work of the Estate Agent does not move into the relevant residential property, or if the lease for this residential property is terminated, voided or dissolved, the Client remains obliged to pay the agreed fee and the Client is not entitled to partial or full restitution of the fee.
- If a (housing) permit is required for the relevant residential property, obtaining this permit for the Client and/or lessee is at the risk and expense of the Client and the Client is obliged to pay the agreed fee regardless of whether the permit has been or will be issued, unless the parties have agreed otherwise. The Client declares and warrants that he is entitled in every respect (inter alia in view of possible claims of whatever kind from other entitled parties relating to the residential property, mortgage holder(s), insurer(s), (local) governments, competent authorities, manager(s), other residential property agent(s), owners’ associations, etc.) to offer the residential property to let and to let it, and indemnifies and holds harmless the Estate Agent against all possible third party claims in this context and against all extrajudicial and judicial costs incurred by the Estate Agent. The Estate Agent accepts no liability of any kind in this context.
- The Client (not the Estate Agent) determines the duration of the lease desired by the Client, the level of the rent, the level of the guarantee deposit, the composition of the service package, the level of the (advance on the) service costs and/or the level of any once-only fees. The Estate Agent accepts no liability of any kind for damage resulting from the contents of the lease, in particular relating to its duration, the level of the rent, the level of the guarantee deposit, the level of the (advance on the) service costs, the composition of the service package and the level of any once-only fees. The Estate Agent does not accept liability of any kind for damage that results from such an appeal to rent protection on the part of the lessee, whether successful or otherwise.
Article 5: Personal information
The Client’s personal information will be recorded in the Estate Agent’s records. The Estate Agent will not provide any information of the Client to third parties, unless obliged to do so due to statutory obligations and/or if this is useful or necessary in the performance of the instructions. The recorded data are only used by the Estate Agent for the performance of the contract with the Client.
Article 6: Estate Agent’s best-efforts obligation
The Estate Agent will endeavor to the best of his ability and knowledge to realize the result desired or intended by the Client. This is at all times a best-efforts obligation on the part of the Estate Agent, not a result obligation.
Article 7: End and termination of the agreement
- Unless agreed otherwise and without prejudice to the other provisions in these TCS, this agreement will end inter alia:
- when the intended result of the Estate Agent’s efforts is realized;
- due to the Client’s termination;
- due to the Estate Agent’s termination.
- The Client and the Estate Agent are entitled to terminate this agreement at any time. The Estate Agent will terminate the agreement inter alia when he fears that the Client will not perform, or not properly perform, the lease to be concluded, without prejudice to his claims of payment as provided for in these TCS.
- Without prejudice to the claims for damages provided for in these TCS, the parties cannot derive rights to damages from the termination of this agreement by terminating it, unless the termination arises from a failure by the other party to perform one or more obligations.
Article 8: Obligation to complain and lapse of rights
- Complaints with regard to the activities performed and/or services rendered by the Estate Agent must be conveyed by the Client to the Estate Agent by registered letter no later than within 1 month after discovery or after the Client should have reasonably discovered them, in the absence of which the Client can no longer make any claims based on any defects in the Estate Agent’s performance.
Article 9: Liability
- The Estate Agent is not liable for the Client’s damage, including consequential loss, trading loss, loss of profits or disruption of business that arise from his actions or omissions, or those of its staff or of third parties hired by him, in particular not for the Client’s damage arising the fact that the agreed rent and/or the agreed service (costs) and/or the additional fees, whether once-only or otherwise, are not in accordance with the law, or are or may be increased or decreased through legal proceedings.
- The Estate Agent is not liable for damage suffered by the Client as a result of actions or omissions by the other party in the lease concluded or to be concluded due to the work of the Estate Agent.
- To the extent that the Estate Agent is liable for the Client’s damage, the Estate Agent’s liability is limited to the level of the fee charged and/or to be charged by the Estate Agent to the Client for his activities and/or services.
Article 10: Payment
- Unless agreed otherwise or provided otherwise in these terms and conditions, the Client must pay all he owes to the Estate Agent within 3 days after the invoice date. This term is a strict deadline.
- The Client will pay all he owes to the Estate Agent promptly without claiming any discount, suspension, setoff, termination or reversal.
- If the Client does not promptly pay all he owes the Estate Agent:
- the Client will owe the Estate Agent a default interest of 5% per month, to be calculated cumulatively on the principal. Parts of a months will be calculated as a full month;
- the Client, after being sent a relevant demand by the Estate Agent, will owe in the context of extrajudicial costs 15% of the principal and the default interest, with a minimum of € 40.
- In the event of non-performance by the Client of any obligation arising from the agreement, the Estate Agent is authorized without further notice of default or judicial intervention to terminate the agreement in full or in part and claim damages.
- If the Client has not fulfilled his payment obligations in time, the Estate Agent is entitled to suspend performance of his obligations until payment has been made. The same applies if the Estate Agent even before the start of the default had a reasonable suspicion that the Client would not fulfill his payment obligations. The risk of the consequences of suspension by the Estate Agent is at the Client’s expense.
- Payments made by the Client always serve to settle, in sequence, the interest owed, the outstanding costs, and the longest outstanding payable invoices.
Article 11: Competent court, applicable law
- The agreement concluded between the Estate Agent and the Client is governed solely by Romanian law.
- Any disputes will be adjudicated by the competent Romanian court, with the proviso that the Estate Agent, to the extent that mandatory law does not conflict with this, is authorized to bring a case before the competent court in Bucharest.