Article 1 Definitions
1.1 In these General Terms and Conditions, the following terms are defined as stated below:
a. Hubbs: a private company with limited liability, having its registered office in Alblasserdam, listed in the registers of the Chamber of Commerce under number 72070056.
b. Contracting party: the party Hubbs B.V. concludes an agreement with or enters into negotiations with, including the visitor to Hubbs B.V.’s website and the party Hubbs sends these General Terms and Conditions to.
c. Websites: www.hubbs.nl, www.verhuur-zeker.nl en www.select-housing.nl.
d. The agreement: the (rental) agreement concluded between Hubbs B.V. and the contracting party.
Article 2 Applicability
2.1 These General Terms and Conditions apply to all use of the website (both via computer and via mobile equipment or any other software application), to all services offered by Hubbs, to all offers, rent proposals and to all agreements entered into by Hubbs and/or provision of services by Hubbs, unless the parties expressly agree otherwise (in writing).
2.2 Any deviations from these General Terms and Conditions shall only be valid if they have been explicitly agreed in writing with Hubbs.
2.3 Hubbs expressly 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 General Terms and Conditions. Hubbs advises the contracting party to read these Terms and Conditions prior to using the website.
2.5 Hubbs may amend these Terms and Conditions. The latest version of these Terms and Conditions can be consulted via the website.
2.6 If a rental agreement is concluded between Hubbs and the contracting party and the provisions contained therein (or applicable thereto) are contrary to these General Terms and Conditions, the provisions contained in (or applicable to) the rental agreement shall take precedence.
Article 3 Offers
3.1 All offers made by Hubbs (rent proposal) shall be without obligation. Hubbs shall be free to revoke an offer issued or to make changes to it.
Article 4 Conclusion of agreements
4.1 A rental agreement between Hubbs and the contracting party shall be concluded once the rental agreement drawn up by Hubbs has been signed by both the contracting party and Hubbs and returned to 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 shall perform its work to the best of its ability, while exercising the care that may be expected of it. If an error is made because the contracting party has provided incorrect or incomplete information, Hubbs shall not be liable for any resulting loss or damage.
5.2 Any liability on the part of Hubbs shall be limited to the amount paid out in the relevant case on the basis of Hubbs’ insurance, increased by the amount of the deductible that is not at the expense of the insurer(s) pursuant to the policy conditions. Access to the applicable policy conditions shall be provided upon request, if and insofar as this may reasonably be expected of Hubbs.
5.3 If, for whatever reason, no payment is made by the insurer(s) or if Hubbs has not effected insurance, any liability on the part of Hubbs shall be limited to a sum of € 5,000. In the event that a rental agreement is concluded between the parties, liability shall be limited to a maximum of once the total (rental) fee over the entire rental period of the rental agreement that is the cause of the damage, with a maximum of € 10,000.
5.4 Hubbs shall at all times be entitled, if and as far as possible, to undo or limit the damage of the contracting party by offering a new rental property or by finding a new tenant.
Article 6 Force majeure
6.1 If Hubbs is unable to comply with the agreements made with the contracting party, or is unable to do so in time or properly, as a result of a cause which is not attributable to Hubbs and which is entirely beyond Hubbs’ control, Hubbs’ obligations shall be suspended until such time as Hubbs is still able to comply with them in the agreed manner, without Hubbs being in default with respect to compliance with those obligations and without Hubbs being obliged to pay any compensation.
6.2. In these General Terms and Conditions, force majeure, in addition to its definition stated in the law or in case law, shall mean all external causes, foreseen or unforeseen, that Hubbs cannot influence, and due to which Hubbs is unable to fulfil its obligations. These circumstances shall also include non-performance by third parties, power failures, computer viruses, strikes, and work interruptions.
6.3 If compliance with the obligation is permanently impossible and the contracting party has already paid a partial fee, Hubbs shall refund such fee to the contracting party.
Article 7 Extinction
7.1 All rights of action of the contracting party against Hubbs, whether as a result of a failure in the performance of a (rental) agreement or as a result of a wrongful act or on any other grounds, shall lapse once a period of one year has elapsed from 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 action before the courts 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 other provisions shall remain in full force and effect. In that case, the non-binding provision shall be attributed a meaning that is as similar as possible to that of a clause which can be invoked.
Article 9 Indemnification
9.1 The contracting party indemnifies Hubbs against all claims and other demands from third parties and the resulting damage due to 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 Miscellaneous
10.1 Except for Hubbs’ prior written consent, the contracting party shall not be permitted to rent the rented property, directly or indirectly (via a third party), from the owner of the property or to rent it out to a contact of Hubbs within one year after Hubbs has provided information about a rented property or a (potential) tenant. In the event of violation of this prohibition, the contracting party shall owe Hubbs an immediately due and payable penalty of € 5,000 per event, and € 500 for each day during which this violation continues, without prejudice to Hubbs’ right to full compensation.
10.2 If and insofar as the proper performance of the (rental) agreement concluded by Hubbs B.V. with another party so requires, Hubbs B.V. shall have the right to have certain work performed by third parties.
Article 11 Applicable law and choice of forum
11.1 The Agreement and the relationship between the parties shall be governed by Dutch law.
11.2 Disputes shall be settled by the court in Rotterdam, without prejudice to Hubbs’ right to submit disputes to the court that is competent by law.