ApartmentHub Terms and Conditions
Article 1. Definitions
1.1 In these Terms and Conditions, the following definitions apply.
1.2 ApartmentHub means ApartmentHub, acting as a rental agent for the Client, unless expressly agreed otherwise in writing for a specific Property.
1.3 Client means the house seeker, tenant candidate or person who instructs ApartmentHub to assist with finding, viewing, applying for, offering on, negotiating or securing a rental property.
1.4 Listing Side means the landlord, owner, listing agent, property manager, relocation agency or any other party acting on the side of the property owner.
1.5 Property means a rental property for which ApartmentHub provides services to the Client.
1.6 Offer Instruction means any instruction from the Client to ApartmentHub to proceed with an offer, application, rental proposal or Letter of Intent for a specific Property.
1.7 Confirmation means confirmation that the Client’s offer, application or rental proposal has been accepted or approved, or that the Property has been secured for the Client. Confirmation may come from the landlord, owner, listing agent, property manager, relocation agency, another authorised party on the Listing Side, or from ApartmentHub after ApartmentHub has received such confirmation.
1.8 Success Fee means the fee payable by the Client when a Property is secured or a rental agreement is concluded through ApartmentHub’s involvement.
1.9 Cancellation Fee means the fee payable by the Client if the Client cancels, withdraws, refuses to proceed without a valid legal or contractual reason, fails to cooperate, refuses to sign a rental agreement without a valid legal or contractual reason, or chooses another property after Confirmation.
Article 2. Applicability
2.1 These Terms and Conditions apply to all services provided by ApartmentHub to the Client.
2.2 These Terms and Conditions apply to search services, viewings, video viewings, document checks, rental applications, offers, Letters of Intent, rental proposals, negotiations, communication with the Listing Side and support during the application process.
2.3 These Terms and Conditions apply to all communication and instructions given by WhatsApp, email, online form, website, digital signature, platform message or any other written or electronic communication.
2.4 If a Letter of Intent or another property specific document is signed for a specific Property, that document applies in addition to these Terms and Conditions.
2.5 If there is a difference between these Terms and Conditions and a property specific Letter of Intent, the property specific Letter of Intent applies for that specific Property, unless this would be contrary to mandatory Dutch law.
2.6 Any deviation from these Terms and Conditions is only valid if confirmed in writing by ApartmentHub.
Article 3. Role of ApartmentHub
3.1 ApartmentHub provides a rental search and mediation service for the Client.
3.2 ApartmentHub assists the Client with finding, reviewing, viewing, applying for, offering on, negotiating and securing rental properties.
3.3 ApartmentHub acts on the side of the Client, unless expressly agreed otherwise in writing for a specific Property.
3.4 ApartmentHub is not the landlord, owner or Listing Side. ApartmentHub is not a party to any rental agreement between the Client and the landlord.
3.5 Professional communication with landlords, owners, listing agents, property managers, relocation agencies or other market parties does not mean that ApartmentHub acts for the Listing Side.
3.6 ApartmentHub may regularly deal with the same listing agents, property managers, relocation agencies or landlords in the Amsterdam rental market. This does not create an instruction from the Listing Side to ApartmentHub and does not mean that ApartmentHub acts for the Listing Side.
3.7 If ApartmentHub communicates with the Client through an ApartmentHub WhatsApp number, email address, online account or team member in relation to the Client’s housing search, this communication is part of the service provided to the Client. In that situation, ApartmentHub is not paid by the owner or Listing Side for that same tenant side service, unless expressly stated otherwise in writing.
3.8 ApartmentHub does not charge double commission for the same Property. ApartmentHub will not charge the Client a tenant side mediation fee, Success Fee or Cancellation Fee for a specific Property if ApartmentHub is also instructed and paid by the landlord, owner or Listing Side for the mediation of that same Property, unless this is expressly permitted under mandatory Dutch law.
3.9 If an independent listing agent, landlord side broker, property manager or relocation agency receives payment from the landlord or owner, this is not a payment to ApartmentHub and does not mean that ApartmentHub charges double commission.
3.10 If ApartmentHub provides landlord side services for another property or in a separate assignment, this does not affect ApartmentHub’s role for the Client in relation to a different Property.
Article 4. Start of the Assignment
4.1 The assignment starts when the Client confirms that the Client wants to use ApartmentHub’s service, accepts these Terms and Conditions, asks ApartmentHub to perform work, books or attends a viewing through ApartmentHub, asks ApartmentHub to proceed with a property, or otherwise gives ApartmentHub an instruction.
4.2 An instruction can be given by WhatsApp, email, online form, website, digital signature, platform message or any other written or electronic communication.
4.3 Words such as I agree, I agree to the Terms and Conditions, please proceed, go ahead, I want to make an offer, I want to continue, I want this property, or similar wording are considered a written instruction.
4.4 By giving an instruction, the Client authorises ApartmentHub to start performing the service immediately.
4.5 The Client must immediately inform ApartmentHub in writing if the Client no longer wants ApartmentHub to continue with a property, viewing, application, offer, rental proposal or Letter of Intent.
Article 5. No Cure No Pay and Success Fee
5.1 ApartmentHub works on a No Cure No Pay basis, unless expressly agreed otherwise in writing.
5.2 The Success Fee becomes payable if, through ApartmentHub’s involvement, the Client obtains the possibility to rent a Property, is accepted or approved for a Property, receives a rental agreement or draft rental agreement for a Property, signs a rental agreement, or otherwise has a Property secured.
5.3 Unless agreed otherwise in writing, the standard Success Fee is one month’s rent excluding VAT.
5.4 For Properties with a monthly rent below EUR 2000, ApartmentHub may charge a Success Fee equal to two months’ rent excluding VAT, but only if this has been clearly communicated and accepted by the Client before the Client proceeds with that specific Property.
5.5 The applicable Success Fee for a specific Property may be confirmed in the Letter of Intent, WhatsApp, email, invoice, online form or another written confirmation.
5.6 The Success Fee is payable before the key transfer, unless ApartmentHub agrees otherwise in writing.
5.7 The Success Fee is separate from any rent, deposit, service costs, utility costs or other amounts payable to the landlord or Listing Side.
Article 6. Offer Instructions and Active Offers
6.1 If the Client instructs ApartmentHub to proceed with an offer, application, rental proposal or Letter of Intent for a specific Property, the Client gives ApartmentHub permission to take the necessary steps to try to secure that Property for the Client.
6.2 An Offer Instruction remains active until the Client withdraws it in writing before Confirmation.
6.3 A withdrawal is only valid if it is clear, written and received by ApartmentHub before Confirmation. The Client must clearly state that the Client withdraws the offer, application, rental proposal or instruction for the specific Property.
6.4 ApartmentHub is not required to check again whether the Client is still interested before communicating Confirmation, if the Client has instructed ApartmentHub to proceed and ApartmentHub has not received a written withdrawal before Confirmation.
6.5 If Confirmation is received before ApartmentHub has received a written withdrawal from the Client, the Property is considered secured for the Client for the purpose of these Terms and Conditions and any Letter of Intent.
6.6 The Client remains responsible for keeping ApartmentHub informed. If the Client is considering, negotiating, accepting or signing for another property elsewhere, the Client must immediately inform ApartmentHub if ApartmentHub should stop working on an active Property.
6.7 Accepting, signing or choosing another property elsewhere does not automatically withdraw an active Offer Instruction. The Client must withdraw the active Offer Instruction in writing before Confirmation.
Article 7. Letter of Intent
7.1 A Letter of Intent is a property specific document in which the Client confirms the intention to rent a specific Property under the conditions stated in that document, subject to acceptance or Confirmation.
7.2 By signing a Letter of Intent, the Client confirms that the Client wants ApartmentHub to proceed with the specific Property.
7.3 By signing a Letter of Intent, the Client authorises ApartmentHub to handle the offer, application or rental proposal.
7.4 By signing a Letter of Intent, the Client understands that the instruction remains active until withdrawn in writing before Confirmation.
7.5 By signing a Letter of Intent, the Client understands that cancellation after Confirmation may result in a Cancellation Fee.
7.6 By signing a Letter of Intent, the Client confirms that the Client has read and accepted these Terms and Conditions.
7.7 The Letter of Intent may state the rent, deposit, start date, agency fee, cancellation fee and other relevant conditions for the specific Property.
7.8 If the Client signs the Letter of Intent and the Property is subsequently accepted or confirmed before ApartmentHub receives a written withdrawal, the Cancellation Fee applies if the Client later cancels, withdraws, refuses to proceed without a valid legal or contractual reason, fails to cooperate, refuses to sign the rental agreement without a valid legal or contractual reason, or chooses another property.
Article 8. Cancellation Fee
8.1 If the Client cancels, withdraws, refuses to proceed without a valid legal or contractual reason, fails to cooperate, refuses to sign the rental agreement without a valid legal or contractual reason, or chooses another property after Confirmation, the Client owes ApartmentHub a Cancellation Fee.
8.2 Unless agreed otherwise in writing, the Cancellation Fee is equal to the applicable Success Fee for that specific Property.
8.3 This means that if the applicable Success Fee is one month’s rent excluding VAT, the Cancellation Fee is one month’s rent excluding VAT.
8.4 If the applicable Success Fee is two months’ rent excluding VAT, for example because the monthly rent is below EUR 2000 and this was clearly confirmed before proceeding, the Cancellation Fee may also be two months’ rent excluding VAT.
8.5 The Cancellation Fee is due regardless of whether the Client ultimately signs the rental agreement, if the Property was confirmed before ApartmentHub received a written withdrawal and the Client then cancels, withdraws, refuses to proceed without a valid legal or contractual reason, fails to cooperate, refuses to sign without a valid legal or contractual reason, or chooses another property.
8.6 The Cancellation Fee is not intended as a punishment. It is a reasonable fixed compensation for work already performed and the consequences caused by cancellation after Confirmation.
8.7 The Cancellation Fee may cover, among other things, search work performed for the Client, communication with the Client, communication with the Listing Side, arranging, coordinating or attending viewings or video viewings, checking or preparing documents, preparing, submitting or handling the offer, application, rental proposal or Letter of Intent, negotiating or coordinating the rental proposal, internal administrative and operational work, time spent securing the Property, the Property being paused, reserved or removed from the process for other candidates, the Listing Side having to restart the process and search for new candidates, costs already incurred for preparing the rental agreement or related documentation, potential vacancy loss, delay or other consequences for the owner or Listing Side, and loss of time and opportunity for ApartmentHub and other parties involved.
8.8 The Cancellation Fee is agreed as a fixed and reasonable compensation. ApartmentHub may, where necessary, explain the type of work performed and the consequences caused by the cancellation, but the parties agree that the exact amount of each individual cost item does not need to be calculated separately, unless mandatory law requires otherwise.
8.9 The Client acknowledges that cancellation after Confirmation can cause damage, delay, administrative work and loss of opportunity for ApartmentHub, the Listing Side, the owner and other candidates.
Article 9. Refusal to Sign the Rental Agreement
9.1 If the Property has been accepted or confirmed and the Client later refuses to sign the rental agreement, this will be treated as a cancellation if the rental agreement is materially in line with the Letter of Intent, the accepted offer or rental proposal, the agreed rent, deposit, start date and rental period, mandatory Dutch rental law, and generally accepted standards for residential tenancy agreements in the Netherlands.
9.2 In that situation, the Client cannot avoid the Cancellation Fee by refusing to sign the rental agreement without a valid legal or contractual reason.
9.3 No Cancellation Fee is due if the Client refuses to sign because the final rental agreement contains a material deviation from the agreed conditions, contains an unlawful or clearly unreasonable clause, or does not meet mandatory Dutch rental law, provided that the Client notifies ApartmentHub of this objection promptly and in writing.
9.4 If the issue can reasonably be corrected, the Client must give ApartmentHub and the Listing Side a reasonable opportunity to correct the issue before cancelling without payment.
9.5 Minor wording differences, standard rental clauses, administrative details, legally required clauses, or clauses that are customary in Dutch residential rental agreements do not automatically give the Client the right to cancel without a Cancellation Fee.
Article 10. When No Cancellation Fee Is Due
10.1 No Cancellation Fee is due if the Client withdraws the Offer Instruction in writing before Confirmation.
10.2 No Cancellation Fee is due if the landlord or Listing Side rejects the Client’s offer or application.
10.3 No Cancellation Fee is due if the cancellation is directly caused by a material failure by ApartmentHub to perform its obligations, provided that all of the following conditions are met.
10.4 The Client must have notified ApartmentHub of the alleged failure in writing as soon as possible.
10.5 ApartmentHub must have been given a reasonable opportunity to remedy the issue, where remedy is possible.
10.6 The alleged failure must be serious enough to justify cancellation without payment.
10.7 The alleged failure must have directly caused the cancellation.
10.8 No Cancellation Fee is due if the final rental agreement contains a material change to an essential condition compared with the conditions accepted by the Client, and the Client rejects that material change promptly and in writing.
10.9 Essential conditions include the Property address, monthly rent, deposit, start date, rental period, number of permitted occupants, registration possibility and any other condition expressly stated as essential in the Letter of Intent.
10.10 A change is not material if it is minor, customary, legally required, administrative in nature, or reasonably capable of being corrected.
10.11 Minor delays, market uncertainty, dissatisfaction with timing, a change of personal preference, choosing another property, or deciding not to move do not automatically qualify as a material failure by ApartmentHub.
Article 11. Properties Found Elsewhere
11.1 The Client remains free to search for and accept another property independently or through another party.
11.2 The Client does not owe ApartmentHub a Success Fee merely because the Client independently rents another property that was not introduced, arranged, handled, applied for, offered on or secured through ApartmentHub.
11.3 However, if ApartmentHub has already been instructed to proceed with a specific Property and that Property is confirmed before ApartmentHub receives a written withdrawal, the Cancellation Fee remains due if the Client later cancels, withdraws, refuses to proceed without a valid legal or contractual reason, fails to cooperate, refuses to sign without a valid legal or contractual reason, or chooses another property.
11.4 The Client cannot avoid a Cancellation Fee by accepting another property elsewhere without first withdrawing the active Offer Instruction in writing before Confirmation.
Article 12. Consumer Right of Withdrawal
12.1 If the Client is a consumer and the agreement with ApartmentHub is concluded at a distance, the Client may have a statutory right of withdrawal during the cooling off period, unless an exception applies.
12.2 The Client may request ApartmentHub to start performing the service immediately during the cooling off period.
12.3 If the Client instructs ApartmentHub to start performing the service immediately, ApartmentHub may start work immediately.
12.4 If the Client withdraws during the cooling off period after requesting immediate performance, the Client must pay a reasonable amount for the services already performed up to the moment of withdrawal, unless mandatory law provides otherwise.
12.5 If the service has been fully performed within the cooling off period at the Client’s express request and with the Client’s acknowledgement of the consequences, the right of withdrawal may no longer apply, to the extent permitted by mandatory law.
12.6 The cancellation rules in these Terms and Conditions do not limit any mandatory consumer rights that cannot legally be excluded.
Article 13. Client Obligations
13.1 The Client must provide complete, correct and timely information.
13.2 The Client must cooperate with the application, offer and rental process.
13.3 The Client must immediately inform ApartmentHub in writing if the Client no longer wants to proceed with a Property, wants to withdraw an offer, application or Letter of Intent, has accepted another property, is no longer available for the proposed start date, or if the Client’s income, employment, residence, household or personal situation changes in a way that may affect the application.
13.4 If the Client fails to provide information or cooperation in time, ApartmentHub may suspend its services.
13.5 Any delay or consequence caused by missing, incorrect or late information from the Client is for the Client’s account.
Article 14. Payment and Collection
14.1 Invoices must be paid within the payment term stated on the invoice.
14.2 If payment is not received on time, ApartmentHub may send one or more payment reminders.
14.3 If the Client is a consumer, ApartmentHub will only charge statutory extrajudicial collection costs after sending the legally required payment reminder giving the Client at least 14 days to pay and stating the amount of collection costs that may become due.
14.4 If payment is not received after the required reminder period, ApartmentHub may transfer the matter to a collection agency, lawyer or court.
14.5 Statutory interest and collection costs may be charged in accordance with applicable Dutch law.
14.6 A dispute regarding an invoice does not automatically suspend the payment obligation, unless ApartmentHub agrees in writing or mandatory law provides otherwise.
Article 15. Personal Data
15.1 ApartmentHub processes personal data insofar as necessary for the performance of the service, administration, communication, applications, offers, invoicing, dispute handling, legal obligations and the establishment, exercise or defence of legal claims.
15.2 ApartmentHub may share relevant information with the Listing Side or other third parties if this is necessary for the Client’s housing application or if the Client has given permission.
15.3 If a Property application will not proceed, ApartmentHub will not perform unnecessary credit checks, employer checks or third party sharing related to that specific tenancy.
15.4 Withdrawal of consent does not affect processing that has already lawfully taken place before withdrawal.
15.5 ApartmentHub may retain relevant personal data, documents and communication for as long as necessary for administration, invoicing, dispute handling, legal obligations and legal claims.
Article 16. Liability
16.1 ApartmentHub performs its services with reasonable care and professionalism.
16.2 ApartmentHub has an obligation of effort and does not guarantee that a landlord or Listing Side will accept the Client.
16.3 ApartmentHub is not responsible for decisions, delays, requirements, conditions or conduct of landlords, listing agents, property managers, relocation agencies or other third parties.
16.4 ApartmentHub may rely on information provided by the Client, the Listing Side and public sources, unless ApartmentHub knew or reasonably should have known that the information was incorrect.
16.5 ApartmentHub is not liable for the Client’s decision to reject, cancel or withdraw from a Property, or for the Client’s decision to proceed with another property.
Article 17. Complaints
17.1 If the Client is dissatisfied with ApartmentHub’s service, the Client must inform ApartmentHub in writing as soon as possible and clearly describe the complaint.
17.2 ApartmentHub will review the complaint and respond within a reasonable period.
17.3 The Client must give ApartmentHub a reasonable opportunity to remedy the complaint, where remedy is possible.
17.4 A complaint does not automatically suspend any payment obligation, unless ApartmentHub agrees in writing or mandatory law provides otherwise.
Article 18. Governing Law and Disputes
18.1 These Terms and Conditions and all agreements between ApartmentHub and the Client are governed by Dutch law.
18.2 Disputes will be submitted to the competent court in the Netherlands, unless mandatory law provides otherwise.
Article 19. Severability
19.1 If any provision of these Terms and Conditions is invalid, voidable or unenforceable, the remaining provisions remain valid.
19.2 The invalid, voidable or unenforceable provision will be replaced by a valid provision that reflects the purpose of the original provision as closely as legally possible.