General terms and conditions of Holland Housing B.V., trading under the name Your Expat Butler
Registered with the Chamber of Commerce under number 95290559
Article 1 - Definitions
In these terms and conditions, the following definitions apply:
- Agreement: The contractual arrangement between Your Expat Butler and the Client for the provision of Services (e.g. the Application Form confirmed by Your Expat Butler), including these Terms and Conditions.
- Application Form: The Application Form which the Client fills out and in which the Client indicates his or her wishes regarding a rental property.
- Client: the natural or legal person with whom Your Expat Butler has entered into agreement or with whom it intends to do so. If in the following a stipulation specifically governs a situation in which the counterparty is a natural person who is not acting in the capacity of a profession or company, this person will be referred to as ‘the consumer’.
- Continuing agreement: an agreement for the regular delivery of goods, services and/or digital content during a certain period of time;
- Day: calendar day;
- Distance agreement: an agreement whereby, within the framework of a system organised by Your Expat Butler for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
- Distance communication method: any means that can be used to conclude an agreement without the Client and Your Expat Butler being physically present in the same place at the same time.
- Durable medium: every tool - including e-mail - that enables the Client or Your Expat Butler to store information that is addressed to him personally in a way that allows future consultation or use during a period of time appropriate to the purpose for which the information is intended, and that makes unaltered reproduction of the stored information possible;
- Partners: parties offering the Additional Services, whereby Your Expat Butler mediates between Partner and Client;
- Right of withdrawal: the consumer’s right to withdraw from the agreement within the statutory cooling-off period.
- Services: All services provided by Your Expat Butler under the Agreement, including but not limited to property search assistance, relocation support, coaching, and advisory services.
- Your Expat Butler: Holland Housing B.V., trading under the name Your Expat Butler, registered in the Trade Register under Chamber of Commerce (KvK) number 95290559.
Article 2 – Identity of Your Expat Butler
Holland Housing B.V., trading under the name Your Expat Butler;
Maliebaan 20, 3581 CP, Utrecht
Telephone number: +31 (0) 6 – 5209 8897
Email address: info@yourexpatbutler.com
Chamber of Commerce (KvK) number: 95290559
Article 3 - Applicability
- These general terms and conditions apply to every offer made by Your Expat Butler and to all agreements between Your Expat Butler and the Client.
- Before the Agreement (at a distance) is concluded, the text of these general terms and conditions will be made available to the Client. If it is not reasonably possible to do so, Your Expat Butler shall, before concluding the Agreement, indicate how the general terms and conditions can be consulted at its premises and that they will be sent to the Client free of charge as soon as possible upon request.
- If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the remaining provisions of the Agreement and these terms and conditions shall remain in full force. The void or annulled provision shall be replaced without delay by mutual agreement with a provision that approximates the purpose and intent of the original provision as closely as possible
- Any situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.
- Any ambiguity regarding the interpretation or content of one or more provisions of these general terms and conditions shall be interpreted in accordance with their general intent and purpose.
Article 4 – Offer
- If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
- The offer is without obligation. Your Expat Butler is entitled to change and adjust the offer.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Client. If Your Expat Butler makes use of images, these are as much as possible truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind Your Expat Butler.
- All images and specifications in the offer are indicative and cannot be a reason for compensation or dissolution of the Agreement.
Article 5 – Formation of the Agreement
- An agreement is only established after written confirmation from Your Expat Butler that relevant assignment(s), as described in the Application Form by the Client, have been accepted by Your Expat Butler. These general terms and conditions form an inseparable whole with the Application Form and any confirmation.
- If the Agreement is concluded electronically, Your Expat Butler shall take appropriate technical and organisational measures to protect the electronic transmission of data and shall ensure a secure web environment. If the Client can pay electronically, Your Expat Butler will observe appropriate security measures to this end.
- Your Expat Butler is free to execute assignments with the involvement of third parties.
- Your Expat Butler may inform itself within legal frameworks about the ability of the Customer to meet his payment obligations, as well as about all those facts and factors relevant to a responsible conclusion of the distance contract. If, based on this investigation, Your Expat Butler has good grounds not to enter into the Agreement, it is entitled to refuse an application or to attach special conditions to the execution.
Article 6 – Obligations of the Client
- The Client must ensure that any data required for the execution of the Agreement, including but not limited to personal data, payslips, Chamber of Commerce extracts, employment contracts are provided to Your Expat Butler promptly and in the format specified by Your Expat Butler.
- The Client ensures that the data to be furnished are correct and complete. The Client indemnifies Your Expat Butler from any consequences arising from incorrect and/or incomplete data.
- The Client will inform Your Expat Butler of any developments which are or may be relevant to the execution of the Agreement and the possible conclusion of any additional and/or new Agreements.
- If the obligations named in this article are not fulfilled in good time, Your Expat Butler is entitled to suspend execution of the Agreement until such time as the Client has fulfilled these obligations. Any costs relating to any incurred delay or costs for executing additional tasks or any other consequences arising from these are for the account and risk of the Client.
- The Client must make his/her own arrangements with: the Tax and Customs Administration, municipal councils etc. and is liable for any arrangements of whatever kind with these and other parties which may arise from the agreement concluded between the landlord and tenant. The Client indemnifies Your Expat Butler from such arrangements.
Article 7 – Services, progress and execution of the Agreement
- The Services of Your Expat Butler may, depending on the wishes of the Client and what the parties agree on at the time of the formation of the Agreement and may be further agreed thereafter, include the following three categories:
- Search Assignment (Full relocation service)
- Providing general information about, among other things, the possibilities for renting a property, the local housing market, and rental prices;
- Identifying the Client's preferences/search profile;
- Searching for suitable properties for the Client based on their preferences/search profile;
- Organising one or more viewings for the Client and providing information about one or more properties;
- Evaluating viewings with the Client.
- Mediation Assignment with landlord or real estate agent
- Preparing a dossier on the Client and submitting them as a candidate tenant to potential landlords or agents, and endeavouring to ensure that they will offer the property to the Client;
- Negotiating on behalf of the Client with potential landlords or agents regarding the terms of the tenancy agreement;
- Finalising a written tenancy agreement and facilitating the signing of the agreement by the parties;
- Providing information and an explanation of the tenancy agreement (this is expressly does not constitute legal or tax advice);
- Facilitating the handover of the rental property.
- Extra Services
- Assisting with the facilitation of (utility) services such as insurance, electricity, gas, water, and lighting, as well as mobile phone services, through a Partner;
- Assisting with the provision of furniture packages through a Partner;
- Assisting with mobility solutions, such as car leasing via a Partner, as well as bicycles.
- The Client’s preferences, including those concerning the rental property and the requested Services as outlined in Article 7.1, will be further agreed upon in the Application Form. Once Your Expat Butler has accepted the assignment by confirming the Application Form, the Client will be added to a WhatsApp Group.
- After the Client has informed Your Expat Butler of their intention to rent a property proposed by Your Expat Butler, and has requested Your Expat Butler to notify the landlord and facilitate the conclusion of a tenancy agreement, Your Expat Butler will confirm this notification to the Client. The Client has the right to withdraw this notification within 24 hours of submission by notifying Your Expat Butler in writing.
- If, as a result of the services provided by Your Expat Butler, a tenancy agreement is concluded between the Client and the counterparty (landlord or agent), the Client shall owe a fee (commission) to Your Expat Butler.
Article 8 – Right of Withdrawal
- In the case of services, the consumer has the right to withdraw from the Agreement at a distance without giving any reason, within 14 days, starting from the day the Agreement is concluded.
- To exercise the right of withdrawal, the consumer must follow the clear and reasonable instructions provided by Your Expat Butler in the offer and/or, at the latest, upon delivery of the service.
Article 9 – The exercise of the right of withdrawal by the consumer
- If the consumer wishes to exercise their right of withdrawal, they must notify Your Expat Butler within the cooling-off period. Such notification must be made by the consumer by email.
- The responsibility and burden of proof for the correct and timely exercise of the right of withdrawal rests with the consumer.
- Should the consumer exercise their right of withdrawal, any supplementary agreements will automatically be terminated.
Article 10 – Exclusion of the right of withdrawal
- Your Expat Butler may exclude the consumer’s right of withdrawal for services as described in paragraph 2. The exclusion of the right of withdrawal is only applicable if Your Expat Butler has clearly stated this in the offer, or at least in good time before the agreement is concluded.
- The right of withdrawal may only be excluded for services:
- relating to accommodation, transport, catering, or leisure activities to be provided on a specific date, or
- within a specific period;
- where the provision has begun with the express consent of the consumer before the cooling-off period has expired;
- relating to betting and lotteries.
- Your Expat Butler points out that the services begin immediately and therefore commence before the cooling-off period has expired, meaning the right of withdrawal does not apply to these services. The consumer explicitly waives their right of withdrawal.
Article 11 – The price
- Unless expressly stipulated, all prices listed by Your Expat Butler shall be ex value added tax.
- All prices are subject to printing and typographical errors. No liability will be accepted for the consequences of such errors. In the event of printing or typographical errors, Your Expat Butler is not obliged to provide the Services at the incorrect price.
Article 12 – Conformity, Warranty, and Liability
- Your Expat Butler will make reasonable efforts (inspanningsverplichting) to find an appropriate rental property for the Client. The parties explicitly do not agree to an obligation of result.
- Your Expat Butler will exercise due care in the performance of the Services but does not guarantee uninterrupted availability or absolute accuracy.
- Your Expat Butler is not liable for indirect or consequential damages, including but not limited to loss of profit or damage to reputation.
- Your Expat Butler is not liable for the shortcomings of third parties involved in the Services, including but not limited to Partners involved in the Extra Services and landlords of the rental properties.
- Your Expat Butler is not liable for interruptions in the Services caused by force majeure, including but not limited to internet failures, natural disasters, or government measures.
- The Client indemnifies Your Expat Butler against any claims from third parties, including but not limited to claims from the landlord or agent and involved Partners, regardless of the subject, except in cases of intentional misconduct or gross negligence on the part of Your Expat Butler.
- If Your Expat Butler mediates the establishment of an Agreement between a landlord and tenant, it is never a party to that Agreement and cannot be held liable for the content or execution of the tenancy agreement. Your Expat Butler cannot be held liable if the rent and/or agreed services (costs) and/or additional payments, whether one-off or recurring, are contrary to the legal regulations governing (rental) law.
- The website of Your Expat Butler (https://yourexpatbutler.com/) is intended to provide information to visitors of the site. The content of this website has been compiled with the utmost care, but no rights or claims can be derived from the content.
- If, despite the provisions of these terms and considering the other provisions of this article, Your Expat Butler is found to be liable to the Client, such liability shall only apply to direct damage suffered.
- The liability of Your Expat Butler is limited to the amount that will actually be paid out under Your Expat Butler’s liability insurance.
Artikel 13 – Termination of the Agreement
- Unless otherwise agreed, the Agreement shall terminate:
- Upon termination by the Client, subject to a notice period of one month;
- Upon the conclusion of a tenancy agreement between the Client and a landlord or estate agent;
- Upon termination by Your Expat Butler, subject to a notice period of one month;
- Your Expat Butler reserves the right to terminate the Agreement with immediate effect in the following circumstances, including but not limited to:
- The Client breaches any provision of the Agreement, these general terms and conditions, or any other agreement entered into with Your Expat Butler, without prejudice to Your Expat Butler’s right to seek full compensation or performance;
- The Client is declared bankrupt, is granted (temporary) suspension of payments, or is subject to a statutory debt restructuring scheme;
- It is discovered that the Client provided incorrect or misleading information when entering into the Agreement, to such an extent that, had Your Expat Butler been aware, the Agreement would not have been concluded or not under the same conditions.
- The Client may be held liable for any consequences arising from the termination or cancellation of the Agreement and shall indemnify Your Expat Butler against any claims from third parties.
- Any payments made by the Client are non-refundable, unless expressly agreed otherwise in writing.
Article 14 - Payment
- Your Expat Butler will issue an invoice to the Client on a monthly basis, starting from the confirmation of the Application Form and the establishment of the Agreement.
- Unless otherwise specified in the Agreement or supplementary terms, any amounts owed by the Client must be paid within the timeframe specified on the invoice.
- If an advance payment has been agreed, the Client shall not be entitled to assert any rights regarding the performance of the Agreement or the associated Services until the agreed advance payment has been received by Your Expat Butler.
- The Client shall not be entitled to invoke any right of set-off.
- The Client is obliged to promptly notify Your Expat Butler of any inaccuracies in the payment details provided.
- In the event of non-payment by the Client, Your Expat Butler will send a formal letter notifying the Client of the outstanding amount and providing a 14-day period to settle the payment, including the specification of any applicable out-of-court collection costs. If the Client fails to pay within this period, they will be considered in default and will be liable for statutory interest and any out-of-court collection costs.
- Any costs for Extra Services must be paid directly by the Client to the relevant Partner. Your Expat Butler merely acts as an intermediary in facilitating such Extra Services and cannot be held liable for any exclusions, rejections, or for the improper or incomplete delivery of these Extra Services.
Article 15 – Intellectual Property Rights
- All intellectual property rights related to the Services remain the property of Your Expat Butler.
- The Client receives a non-exclusive, non-transferable license for personal use, non-commercial use of the Services.
- The Client may not reproduce or offer similar services based on Your Expat Butler’s work without prior written consent.
- Upon termination of the Agreement, the Client will lose all rights of use in relation to the intellectual property of Your Expat Butler, unless explicitly agreed otherwise.
Artikel 16 – Data Protection and Privacy
- Your Expat Butler will process personal data solely in accordance with the applicable data protection laws and regulations. Your Expat Butler will only process the personal data of the Client and third parties to the extent necessary for the performance of the agreed Services.
- The personal data collected by Your Expat Butler will only be used for the execution of the agreed tasks, administrative purposes, and to comply with legal obligations. Your Expat Butler will not process personal data for any other purposes unless expressly authorised by the Client or required by law.
- Your Expat Butler will take the necessary technical and organisational measures to protect personal data from loss, unlawful processing, access, or alteration. These measures will be in accordance with applicable legislation and the state of the art.
- Your Expat Butler will not share personal data with third parties without the Client's consent, unless necessary for the performance of the Agreement and related Services, or if required by law.
- The Client and the individuals (whose personal data is being processed) have the right to access, correct, and in certain cases, erase their personal data. They may also exercise their right to object to the processing of their data, as well as other rights under the GDPR.
- In the event of a data breach, Your Expat Butler will promptly inform the Client, in accordance with the obligations under the GDPR. Your Expat Butler will take all reasonable steps to investigate the breach and, if necessary, notify the competent authorities.
- If Your Expat Butler uses subprocessors for the processing of personal data, it will ensure that written agreements are made with these subprocessors that comply with the requirements of the GDPR.
- Your Expat Butler zal persoonsgegevens niet langer bewaren dan noodzakelijk is voor de uitvoering van de Agreement en zal de gegevens na afloop van de Agreement vernietigen of anonimiseren, tenzij er een wettelijke verplichting bestaat om de gegevens langer te bewaren.
- The Client consents to the processing of their personal data as required for the execution of the Agreement.
- Please be advised the Services are hosted in the Netherlands. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the Netherlands, then through your continued use of the Services, you are transferring your data to the Netherlands, and you expressly consent to have your data transferred to and processed in the Netherlands.
Article 17 – Complaints Procedure
- Your Expat Butler has a clearly communicated complaints procedure in place and will handle complaints in accordance with this procedure.
- Complaints regarding the performance of the Agreement must be submitted to Your Expat Butler within 14 days of the Client identifying the issue, and must be described fully and clearly.
- Complaints submitted to Your Expat Butler will be responded to within 14 days of receipt. If a complaint requires a longer processing time, Your Expat Butler will respond within 14 days with an acknowledgment of receipt and an indication of when the Client can expect a more detailed response.
Article 18– Governing law
- Any agreement and all ensuing legal relationships between the Client and Your Expat Butler, shall be exclusively governed by Dutch law.
- Disputes arising in connection with an Agreement or these general terms and conditions, will be settled exclusively by the competent court of the district court of Amsterdam, unless mandatory legal provisions dictate otherwise.
Article 19 – Additional or Deviation Provisions
Any additional or deviating provisions from these general terms and conditions must not be to the detriment of the consumer and must be set out in writing or in such a way that they can be stored by the consumer on a durable medium in an accessible manner.