Article 1 Definitions
1.1 In these general terms and conditions the following definitions apply:
a. Hubbs: the private company with limited liability Hubbs B.V., established in Ridderkerk, the Netherlands, registered in the registers of the Chamber of Commerce under number 72070056.
b. contracting party: the party with whom Hubbs enters into or negotiates an agreement, including the visitor to Hubbs’ website and the person who is sent these General Terms and Conditions by Hubbs.
c. websites: www.hubbs.nl, www.verhuur-zeker.nl and www.select-housing.nl.
d. agreement: any (rental) agreement between Hubbs and the contracting party.
e. parties: Hubbs and the contracting party.
Article 2 Applicability
2.1 These general terms and conditions apply to any use of the
website (both via computer and mobile devices or any other software application), to all services offered by Hubbs, to all offers, rental proposals and to all (rental) agreements entered into by Hubbs and/or delivery of services by Hubbs as well as to all other (legal) acts and legal relationships between the parties, unless the parties expressly agree otherwise (in writing).
2.2 Deviations from these General Terms and Conditions shall only be valid if agreed in writing with Hubbs.
2.3 General terms and conditions used by the contracting party and/or a third party shall expressly not apply unless the parties agree otherwise in writing.
2.4 By visiting, viewing and using the website, the contracting party agrees to these terms and conditions. Hubbs advises contracting party to read these terms and conditions prior to using the website.
2.5 Hubbs may unilaterally amend these terms and conditions. The most recent version of these terms and conditions can be accessed via the website. Amendments to the General Terms and Conditions shall also apply with regard to agreements already concluded, subject to a deadline of thirty (30) days after publication of the amendment on Hubbs’ website or after the amended General Terms and Conditions have been sent to the contracting party.
2.6 If a rental agreement is concluded between Hubbs and the contracting party and the provisions contained therein (or applicable to it) conflict with these General Terms and Conditions, the provisions contained in (or applicable to) the rental agreement shall prevail, provided that all other provisions of these General Terms and Conditions shall remain in full force and effect.
2.7 Should any provision of these general terms and conditions be null and void or be annulled, the other provisions shall remain in full force and the void or annulled provision shall be replaced by a valid provision, whereby the purpose and purport of the void or annulled provision shall be observed as far as possible.
Article 3 Offers
3.1 All offers (rental proposal) made by Hubbs are without obligation. The contracting party cannot derive any rights from them unless the parties agree otherwise in writing. Hubbs shall be free to withdraw or amend an offer made.
3.2 Quotations by Hubbs are valid for a period of thirty (30) days, unless a different period is specified by Hubbs on the quotation. In such a case, the term in the offer shall be leading. The offer expires automatically when the term has expired, unless the parties agree otherwise in writing.
3.3 Hubbs cannot be held to the content of the offer made if the content thereof or any part thereof is based on a mistake and/or an obvious clerical error on the part of Hubbs and the contracting party reasonably understands or should have understood this.
Article 4 Conclusion of agreements
4.1 The written or electronic acceptance of the offer expressly does not constitute the formation of an agreement between the parties. An integral part of the acceptance of the offer is the drawing up of a rental agreement. Only after a rental agreement has been drawn up and signed will an agreement be established between the parties. A rental agreement between Hubbs and the contracting party is concluded when the rental agreement prepared by Hubbs has been signed by both the contracting party and Hubbs and received in return by Hubbs. Hubbs shall not be bound by any amendments made by the contracting party without Hubbs’ consent.
Article 5 Damage and liability
5.1 Hubbs will perform its work to the best of its ability, exercising the care that can be expected of it. This also applies to the information it posts on the Websites. If an error is made because the contracting party has provided incorrect or incomplete information, Hubbs shall not be liable for any resulting damage. Hubbs can never be held liable for the information displayed on the Websites.
5.2 Any liability of Hubbs shall be limited to the amount paid out under Hubbs’ insurance policy in the relevant case, to be increased by the amount of the deductible that is not borne by the insurer(s) pursuant to the policy conditions. Upon request, access to the applicable policy conditions will be provided, if and to the extent this can reasonably be expected from Hubbs.
5.3 If for whatever reason no payment is made by the insurer(s), or if Hubbs has not taken out insurance, any liability of Hubbs shall be limited to a maximum of €5,000.
5.4 Hubbs shall at all times be entitled, if and to the extent possible, to undo or limit the damage suffered by the contracting party by offering a new rental object or finding a new tenant.
Article 6 Force majeure
6.1 In the event that Hubbs is unable to fulfil the agreements made with the contracting party or is unable to do so in time or properly due to a cause beyond its control, Hubbs’ obligations will be suspended until Hubbs is still able to fulfil them in the agreed manner, without Hubbs being in default with regard to the fulfilment of those obligations and without Hubbs being liable for any damages.
6.2 For the purpose of these General Terms and Conditions, “force majeure” shall include, in addition to its definition in law or case law, all external circumstances, foreseen or unforeseen, over which Hubbs has no control and which prevent Hubbs from being able to fulfil its obligations. Such circumstances also include defaults by third parties, power failures, computer viruses, strikes and work stoppages.
6.3 If fulfilment of the obligation is permanently impossible and the contracting party has already paid partial compensation, Hubbs will refund the compensation already paid to the contracting party.
Article 7 Expiry
7.1 All rights of action of the contracting party against Hubbs, whether on account of a breach of a (rental) agreement, in tort or on any other ground, shall lapse as soon as a period of one year has elapsed after the day on which the contracting party became aware or could reasonably have become aware of the existence of those rights of action and the contracting party has not brought the relevant claims within a period of one year.
Article 8 Partial ineffectiveness
8.1 In the event that any provision in these terms and conditions is or becomes non-binding, the other provisions shall remain in full force and effect. The non-binding provision shall then be accorded a corresponding meaning to the extent possible, which may be invoked.
Article 9 Indemnification
9.1 The contracting party shall indemnify Hubbs against all claims and other claims by third parties and resulting damage as a result of a breach by the contracting party of an agreement concluded with Hubbs or any other act or omission by the contracting party, without prejudice to the provisions of Article 5.
Article 10 Intellectual property
10.1 All (information contained in) offers, quotations, images, photographs, Websites and related intellectual or industrial property rights are vested exclusively in Hubbs and/or its licensors. The contracting party is not allowed to reproduce, disclose, use, make available to third parties and/or make available for inspection, in whole or in part, the aforementioned documents and/or materials without Hubbs’ prior written consent.
10.2. The contracting party is not allowed to remove, modify or affix any indication concerning intellectual or industrial property rights to documents and materials provided by Hubbs or made available (online) by Hubbs.
10.3. Hubbs in no way guarantees that its materials and documents – including (the information contained in) the Websites – do not infringe any (un)written intellectual property right of third parties.
Article 11 Personal data
11.1 In the context of the performance of the Agreement, personal data may be exchanged. Hubbs and the contracting party shall treat such data confidentially in accordance with the General Data Protection Regulation (GDPR) and any related laws and regulations. Hubbs may also process personal data if the websites are used. More information on those processing activities can be found in the privacy statement: https://www.verhuur-zeker.nl/privacy-statement/
11.2 The Contracting Party guarantees that it will only provide personal data to Hubbs if and to the extent it is entitled to do so and/or has obtained the necessary consent from the data subject(s). The Contracting Party is responsible for informing the data subject(s) that their personal data are being processed, the manner in which this is done and for which purpose(s) these data are processed.
11.3 The Contracting Party shall be the first point of contact if a data subject wishes to invoke his or her rights under the AVG. The Contracting Party will comply with such requests independently as far as possible. If a data subject addresses his or her request directly to Hubbs, it shall endeavour to inform the Contracting Party thereof as soon as possible.
11.4 The Contracting Party shall indemnify Hubbs against any claim by third parties in connection with a breach by the Contracting Party of the provisions of this article of the General Terms and Conditions. The Contracting Party must also reimburse the related (legal) costs incurred by Hubbs.
Article 12 Other
12.1 Subject to Hubbs’ prior written consent, the contracting party shall not, within one year after Hubbs has provided information about a leased property or (potential) tenant, directly or indirectly (via a third party) rent the leased property from the owner of the property or lease it to a contact of Hubbs. Upon violation of this prohibition, the contracting party shall owe Hubbs an immediately payable fine of €5,000 per event, and €500 for each day that this violation continues, without prejudice to Hubbs’ right to full damages.
12.2 If and to the extent required for a proper execution of the (rental) agreement concluded by Hubbs B.V. with another party, Hubbs B.V. shall be entitled to have certain work performed by third parties.
Article 13 Applicable law and choice of forum
13.1 The agreement and the relationship between the parties shall be governed by Dutch law.
13.2 Disputes shall be settled by the court in Rotterdam, without prejudice to Hubbs’ right to submit disputes to the court having jurisdiction by law.
Version: 2.0 – 23 March 2023
Keurmeesterstraat 17 b
2984 BA Ridderkerk, the Netherlands
CHAMBER OF COMMERCE: 72070056