Terms & conditions

Article 1: Definitions

  • 1.1 ‘Provider’: the natural or legal person who places one or more homes on the Website, either as a Landlord or as a real estate agent with the permission of the Landlord;
  • 1.2 ‘Membership’: the agreement regarding the use of the Website that is concluded between Home Seeker and VIP Housing when Home Seeker has created and finished payment of the membership an Account, as further described in these terms of use and on the Website;
  • 1.3 ‘Member Fee’: the amount to be paid for an Account, as determined by VIP Housing from time to time. Changes in the Member Fee have no effect on the current Membership;
  • 1.4 ‘Advertisement’: an advertisement in which a living space is offered by the Provider and which is visible on the Website;
  • 1.5 ‘User’: the natural or legal person who uses the Website;
  • 1.6 ‘VIP Housing’: the private company with limited liability, registered at the Dutch Chamber of Commerce;
  • 1.7 ‘Login data’: the data that gives access to a Basic or Premium account;
  • 1.8 ‘Material’: information provided by or on behalf of a Provider about a living space that is offered for rent on the Website;
  • 1.9 ‘Abuse’: misusing the (functionalities of) the Website, as further specified in Article 10.1;
  • 1.10 ‘Account’: The paid Membership to VIP Housing, through which you as a Home Seeker can respond directly to Advertisements by contacting Providers. Home seekers with an Account are also referred to as ‘members’;
  • 1.11 ‘In writing’: this is understood to mean in writing and also by e-mail and – in the case of communication by Home Seeker – via the contact form on the Website;
  • 1.12 ‘Landlord’: natural person or legal entity who is entitled to rent out homes that are shown on VIP Housing;
  • 1.13 ‘ Website’: the website with at least the domain name VIPHousing.nl;
  • 1.14 ‘Home seeker’: any natural or legal person who registers on the Website with an Account. The Home Seeker is also referred to as ‘you’ or ‘you’ in these terms and conditions.

Article 2: Applicability

These terms of use apply to the use of the Website and to all Accounts. Before you create an Account, VIP Housing will inform you of the terms of use that apply at that time. You can always make a copy of these terms of use to save for yourself.

Article 3: Function of the Website

  • 3.1 VIP Housing offers a platform on the Website where Providers can offer housing for rent through Advertisements and where Home Seekers can (i) search for VIP Housing and (ii) create a profile of the housing they are looking for and (iii) with an account gain access to the full details of the Providers, with which they can contact the Providers directly if they wish.
  • 3.2 VIP Housing only has a ‘message board function’, which makes it possible for Home Seekers to contact Providers without the intervention of VIP Housing. Home seekers and Providers can contact each other independently, outside the Website and negotiate the terms of a possible rental agreement. The Website may provide the functionality to initiate the first contact via an automated web form sent directly to the Provider without the intervention of VIP Housing. You understand that VIP Housing, however, has no role in that and further contacts with the Provider. VIP Housing is also not involved in the conclusion or otherwise of agreements between Home Seekers and Providers.
  • 3.3 You understand and accept that an Account does not necessarily mean you will actually find a rental.
  • 3.4 The Advertisements on VIP Housing are placed by or on behalf of the Providers. VIP Housing is not responsible for its content and cannot guarantee that the accommodation is actually available or that the information in the Advertisement is correct and/or complete.

Article 4: Establishment of the Membership

  • 4.1 The Membership between you and VIP Housing for an Account is established after you have registered via the Website.
  • 4.2 You are solely responsible for (i) using a strong, unique password to access the Account, (ii) regularly updating the password, (iii) keeping the Login Details secret and (iv) prevent unauthorized persons from taking cognizance of the Login Details, by ensuring that the device you log in with to the Account is sufficiently secured. If you suspect or know that the Login Details are known to an unauthorized third party, you must immediately change your password. You are solely responsible for what happens through the Account, even if it is used by an unauthorized third party.
  • 4.3 You will do everything you can to prevent your Account from being misused and also ensure that any device you use to log into your Account is sufficiently secured.
  • 4.4 When VIP Housing suspects that an unauthorized third party has or can gain access to your Account, VIP Housing has the option of blocking access to the Account immediately.
  • 4.5 If you suspect that an unauthorized third party has or may gain access to your Account, for example because you have been hacked or phished, you must notify VIP Housing immediately and have your hardware and software systems examined by a specialist who declares in writing to VIP Housing that everything is safe again. After receiving this statement, VIP Housing can unblock the Account again.

Article 5: Costs

  • 5.1 The Member Fee for an Account is displayed on the Website.

Article 6: No Right of withdrawal

  • 6.1 You have no right of withdrawal from the moment you have registered and paid your Member Fee for an Account because you will receive directly and fully access to all functionalities and gains.

Article 7: Duration of your Membership

If you are registered and paid your Member Fee for an Account the duration of your Membership will automatically end after the period of access as displayed on the Website or mentioned in your Account.

Article 8: Payment

The Member Fee will be paid via the payment provider of VIP Housing as you will follow during the payment process when registration an Account for your Membership.

Article 9: Legislation and regulations

When using the Website and when entering into any agreements that may result from it, the Home Seeker and the Provider must comply with all applicable laws and regulations. Without prejudice to the foregoing, they declare that they are familiar with the relevant local laws and/or regulations, such as with regard to housing and room mediation agencies.

Article 10: Misuse of the Website

  • 10.1 It is not allowed to misuse the Website. Abuse means in any case – but not limited to – the following:

– Use of the Website for acts and/or conduct that are contrary to the law, the rights of others, public order or morality, such as:

(a ) infringe intellectual property rights or other proprietary rights of third parties;

(b) making misleading or otherwise unlawful statements;

(c) distributing legally prohibited material;

(d) evading or removing the security of (parts of) the Website;

(e) defraud other Users;

(f) unlawfully extracting data from other Users;

(g) harass other Users;

– Using the Website for sending (large-scale) unsolicited e-mail or other communication;

– Approaching other Users for commercial purposes of any kind (this does not include contacting each other in the ordinary way through the Website);

– Using software or resources in any form whatsoever to extract data from the Website for commercial purposes (“screen scraping”);

– The use of software or resources in any form whatsoever that may harm the Website and/or the information placed on it;

– Causing nuisance or disruption, including by carrying out or coordinating denial-of-service attacks or controlling malicious software, such as viruses or spyware;

Otherwise copying, modifying, distributing, “reverse-engineering”, decompiling or otherwise exploiting (information available via) the Website without the prior written permission of VIP Housing, except to the extent permitted by law;

Acting in violation of these terms of use, including for clarity the terms and conditions for Providers.

  • 10.2 In case of Abuse by a Home Seeker, VIP Housing can terminate its Membership with immediate effect and block the Account immediately.
  • 10.3 In case of Abuse by a Provider, VIP Housing is entitled, without further notice of default, to charge an immediately due and payable fine of € 100,00 (in words: one hundred euros) daily per act of Abuse to the Provider, whereby the Misuse of (personal) data, photo or other Material jointly counts as one fact, without prejudice to the right of VIP Housing to take further legal action against the Provider (such as terminating the agreement with the Provider and blocking his account) and to claim compensation for damage arising as a result of Abuse by the Provider.
  • 10.4 Acquisition on Advertisements from private Providers is not permitted. VIP Housing can terminate the agreement with immediate effect upon detection.
  • 10. 5 In the event of criminal offenses VIP Housing may file a report whereby VIP Housing is entitled to provide the name, address, IP address and other identifying information of the person concerned to the police and judicial authorities. In addition, VIP Housing reserves the right to provide this type of data to a third party if a third party complains about an infringement of its rights or otherwise unlawful behavior by a User, and (a) the correctness of that complaint is sufficiently plausible and it is sufficiently plausible that the third party may suffer damage, (b) there is no other way to obtain this data and (c) the third party has a clear interest in providing the data and is (legally) authorized to receive this data.
  • 10.6 VIP Housing can claim all damage resulting from the Abuse on the person or entity concerned.

Article 11: Liability

  • 11.1 VIP Housing is not liable for damage suffered by the User due to:

– Incorrect information on the Website. All information on the Website is subject to spelling or typing errors. Providers themselves are responsible for the content provided by them via the Website, VIP Housing does not check its correctness. In case of doubt about the correctness of the content or if inaccuracies are found, the person who offers the relevant information (usually the Provider) can be contacted;

– Technical failure or any other circumstance as a result of which the Website may (temporarily) fail and/or cannot be consulted in full;

– Changes to the Website.

  • 11. 2 VIP Housing is not involved in the actual contacts between Home Seekers and Providers, nor in the agreements they conclude. VIP Housing therefore has no control over the quality, safety or legality, the correctness of the Advertisement, the legal capacity or authority of:

(a) Providers to offer Advertisements,

(b) Landlords to rent out properties or

(c) Home seekers that start renting.

VIP Housing is in no way liable for whether or not a rental agreement is concluded or for the way in which it is executed.

  • 11.3 If and so far VIP Housing is liable for any damage suffered by a Home Seeker, Provider or other User, the total liability of VIP Housing (including an obligation to repay the Member Fee) will never exceed (a) the Member Fee received from that Home Seeker or (b) € 150,00 (one hundred and fifty euros).
  • 11.4 The Website contains references to websites of third parties (eg by means of a hyperlink or banner). VIP Housing has no control or influence on the content of these websites and can therefore in no way be held liable. VIP Housing is not liable for (the content of the) services and/or information from third parties, which are offered in any way via the website of VIP Housing.
  • 11.5 VIP Housing is not liable for damage of a User that is caused by another User, for example because an unauthorized third party has gained access to an account and thereby defrauds or misleads another User.
  • 11.6 VIP Housing excludes liability with regard to Users who are consumers.
  • 11.7 The User indemnifies and indemnifies VIP Housing for all costs, fines, settlement amounts and other damages of VIP Housing in connection with claims brought against VIP Housing by other Users and any other third parties, which are the result of the actions and/or omissions by the User or otherwise attributable to the User. Examples of these types of claims are claims related to the posting of content that infringes the intellectual property rights of third parties, placing a real estate property on the Website as a Provider is not authorized by the Landlord to do so, fines imposed because the User did not sufficiently secure access to an account or did not report unauthorized access (in time) and claims by Users because a Provider has defrauded or misled them. If VIP Housing receives a claim from a third party, the indemnifying User will defend the claim at its own expense at the request of VIP Housing, both in and out of court.

Article 12: Privacy and cookie policy

Article 13: Requests/Consent

  • 13.1 If, after taking out the Membership, you require a deviation and/or addition to any provision of these terms and conditions or other terms and conditions, you can submit a request in Writing to us;
  • 13.2 If and so far as any provision of these terms of use requires the permission of VIP Housing, this will only be deemed to have been granted if it has been provided In Writing;
  • 13.3 A permission given by VIP Housing is one-time and does not apply to other or subsequent cases. VIP Housing is entitled to attach conditions to its permission.

Article 14: Premature termination, default

  • 14.1 Without prejudice to the other rights of VIP Housing under these terms of use and the law (including the right to fulfillment and any rights to dissolve the Membership), VIP Housing has the right to cancel your Membership with immediate effect without further notice of default, at the option of canceling or dissolving by giving written notice to you, if you:

– Fail to pay the Member Fee(s) owed by you on the due dates;

– Breach any other provision of these Terms of Use;

– Does not observe any condition attached to a permission granted by VIP Housing;

– Have submitted an application for suspension of payments and/or have applied for admission to the Natural Persons Debt Rescheduling Act;

– Lose the free disposal of your assets or part thereof;

– Is declared bankrupt;

– Offers a settlement outside bankruptcy or if your property is seized;

– Dies;

– If Home Seeker is not a natural person, she loses her legal personality, is dissolved or is actually liquidated;

– Uses the Membership for purposes other than those for which the Membership is intended (for example, own acquisition or commercial purposes).

  • 14.2 VIP Housing reserves the right to discontinue offering the Website in its entirety. In that case, all Accounts will be terminated. Any prepaid amount for an Account will in that case be refunded for a maximum of 10 percent of the prepaid amount;
  • 14.3 The provisions of these terms of use do not affect the possibility of VIP Housing to terminate the agreement on grounds specified in the law.

Article 15: Intellectual property rights

  • 15. 1 All intellectual property rights with regard to the Website and the content placed thereon by or on behalf of VIP Housing rest exclusively with it and/or its suppliers. VIP Housing reserves all rights with regard to the Website and the  content.
  • 15.2 Intellectual property rights include all copyrights, patent rights, trademark rights, trade name rights, database rights (sui generis or otherwise), (unregistered community) design rights, domain names and other claims in the Netherlands or elsewhere that are related to the Website and VIP Housing in general, including know-how and trade secrets.
  • 15.3 The right of database of VIP Housing rests on the data available via the Website, and on the offer of housing in particular. This means, among other things, that no one is allowed to request and reuse a substantial part of this housing offer and/or to repeatedly and systematically request and reuse non-substantial parts of the content of the database with Advertisements within the meaning of the Database Act, unless the exception for personal use is met (which is never the case with commercial reuse and/or retrieval).

Article 16: General provisions

  • 16.1 By creating or having created an account on the Website, the User guarantees that he is authorized to act on his behalf and to be able to conclude a legally valid agreement. If the User does this on behalf of an organisation, the User guarantees to be authorized to represent that organisation.
  • 16.2 A permission given by VIP Housing is one-time and does not apply to other or subsequent cases. VIP Housing is entitled to attach conditions to its permission.
  • 16.3 VIP Housing can (partially) change these terms of use. Any changes will take effect after the User has made use of the Website and/or the (online) services of VIP Housing after the change. Contrary to the foregoing, with regard to business Users with an Account on the Website, VIP Housing will inform them of the change by email, at least 15 days before the change takes effect. These Users can cancel their account and cancel the agreement before the date the change takes effect. The cancellation will take effect within 15 days after VIP Housing has received the cancellation. However, if the User places or has placed an Advertisement during the notice period, it is deemed to have waived the notice period.
  • 16.4 The non-enforcement of any provision of these terms of use by VIP Housing does not mean that VIP Housing waives the right to enforce the relevant provision at a later date and/or against another User.
  • 16.5 If one or more provisions of the Terms of Use are invalid in any way, this shall not affect the validity of the other provisions of these Terms of Use. VIP Housing will replace the invalid provision as soon as possible with a valid provision that approaches the original provision as closely as possible.
  • 16.6 In addition to these terms of use, the terms and conditions for Providers apply to the use of the Website by Providers.

Article 17: Applicable law and competent court

  • 17.1 Dutch law applies to the use of the Website, the agreement with the User, these terms of use, including for clarity the terms and conditions for tenants and all legal relationships arising.
  • 17.2 The court in Amsterdam has exclusive jurisdiction to hear disputes in the first place. If the User acts as a consumer (a natural person who does not act in the course of a profession or business), then this User has the option, within one month after VIP Housing invokes the jurisdiction of the Amsterdam District Court, to opt for settlement of the dispute by the competent court according to the law.

 

These terms and conditions apply from September 2022