Article 1 Definitions
1.1 The following definitions apply in these general terms and conditions:
a. Hubbs: a private company with limited liability, located in Alblasserdam and registered with the Dutch Chamber of Commerce under number 72070056.
b. contracting party: the party with which Hubbs B.V. enters into an agreement or enters into negotiations, including visitors to the Hubbs B.V. website and anyone who receives these general terms and conditions from Hubbs.
c. websites: www.hubbs.nl, www.verhuur-zeker.nl and www.select-housing.nl.
d. the agreement: the (rental) agreement between Hubbs B.V. and the contracting party.
Article 2 Applicability
2.1 These general terms and conditions apply to any and all use of the
website (both via computer and via mobile devices or any other software application), to all services offered by Hubbs, to all quotes, rental proposals, and all agreements that Hubbs enters into and/or any provision of services by Hubbs, unless the parties expressly agree otherwise (in writing).
2.2 Deviations from these general terms and conditions are only valid if agreed in writing with Hubbs.
2.3 Hubbs explicitly rejects the applicability of other general terms and conditions, 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 the contracting party to read these terms and conditions prior to using the website.
2.5 Hubbs reserves the right to amend these terms and conditions at any time. An up-to-date version of these terms and conditions is available on the website.
2.6 If a rental agreement is entered into between Hubbs and the contracting party, and the provisions contained therein (or applicable thereto) are in conflict with these general terms and conditions, the provisions within (or applicable to) the rental agreement shall prevail.
Article 3 Quotes
3.1 All quotes (rental proposals) offered by Hubbs are free of obligation. Hubbs reserves the right to amend or withdraw an active quote at any time.
Article 4 Conclusion of agreements
4.1 A rental agreement between Hubbs and the contracting party is established when the rental agreement drawn up by Hubbs has been signed by both the contracting party and Hubbs and has been returned to and received by Hubbs. Hubbs is not bound by changes made by the contracting party without Hubbs’ consent.
Article 5 Damage and liability
5.1 Hubbs shall perform its work activities to the best of its ability and with the care and attention that can reasonably be expected of it. If a mistake is made because incorrect or incomplete information was provided by the contracting party, Hubbs shall not be liable for any resulting damage.
5.2 Any liability on the part of Hubbs is limited to the amount paid based on Hubbs’ insurance in the relevant case, plus the amount of the deductible that is not borne by the insurer(s) under the policy conditions. The applicable policy conditions can be viewed upon request if and insofar as 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 purchased an insurance policy, any liability on Hubbs’ part is limited to a maximum of €5,000. If a rental agreement is entered into between the parties, the liability shall be limited to a maximum of a single payment of the total (rental) fee over the entire rental period stipulated in the rental agreement in which the damage was caused, with a maximum amount of €10,000.
5.4 Hubbs is entitled to undo or limit any damage suffered by the contracting party at all times, if and to the extent possible, by offering a new rental object or finding a new tenant.
Article 6 Force majeure
6.1 If Hubbs is unable to fulfill – either in a timely manner, properly, or at all – the agreements made with the contracting party as a result of a non-attributable cause, which is entirely beyond Hubbs’ control, the Hubbs’ obligations shall be suspended until the moment that Hubbs is able to fulfill its obligations in the agreed manner, without Hubbs being in default with regard to the fulfillment of those obligations and without Hubbs being liable for any compensation for damages.
6.2 Force majeure in these general terms and conditions is understood to mean – in addition to the definition used in legislation or in accordance with case law – all external circumstances, foreseen or unforeseen, over which Hubbs cannot exercise any influence, and as a result of which Hubbs is unable to meet its obligations. Said circumstances also include poor performance by third parties, power failures, computer viruses, strikes, and work interruptions.
6.3 If fulfillment of the obligation is permanently impossible and the contracting party has previously paid partial compensation, Hubbs shall refund the previously paid compensation to the contracting party.
Article 7 Lapse
7.1 All claim rights of the contracting party against Hubbs – whether due to a shortcoming in the fulfillment of a (rental) agreement, due to an unlawful act or for any other reason – shall lapse as soon as a period of one year has elapsed after the date on which the contracting party became aware of or could reasonably have become aware of the existence of said claim rights, and if the contracting party has not submitted the relevant claims within a period of one year.
Article 8 Partial ineffectiveness
8.1 In the event that a clause in these terms and conditions is or becomes non-binding, the remaining provisions shall remain in full effect. The non-binding provision then acquires a meaning that is as similar as possible to the original and that can be invoked.
Article 9 Indemnification
9.1 The contracting party indemnifies Hubbs against all claims and other demands from third parties and any resulting damage arising from a shortcoming on the part of the contracting party in the course of fulfilling an agreement entered into with Hubbs, or any other actions or negligence on the part of the contracting party, without prejudice to the provisions in Article 5.
Article 10 Miscellaneous
10.1 The contracting party is not permitted – except with prior written permission from Hubbs – to rent the rental property directly or indirectly (via a third party) from the owner of the property for a period of one year after Hubbs has provided information regarding a rental property or (potential) tenant, or rent said property out to a contact of Hubbs. In the event of violation of this prohibition, the contracting party shall owe Hubbs an immediately due and payable penalty of €5,000 per violation and €500 for each day said violation persists, without prejudice to Hubbs’ right to full compensation.
10.2 If and insofar as required for proper implementation of the (rental) agreement entered into between Hubbs B.V. and another party, Hubbs B.V. reserves the right to have certain work carried out by third parties.
Article 11 Governing law and jurisdiction
11.1 This agreement and any associated legal relationships are exclusively governed by and construed in accordance with Dutch law.
11.2 Disputes are subject to the jurisdiction of the Rotterdam court, without prejudice to Hubbs’ right to refer disputes to the competent court under the law.