Terms and conditions

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Version: 01-2020

Huurzone.nl is a platform operated by .

Article 1. Definitions

Huurzone: a trade name of , with its registered office at Paardeweide 3B, 4824 EH Breda, and registered with the Dutch Chamber of Commerce under number 736.67.005.
Supplementary Terms: the then-current version of any supplementary terms referred to in the Service, irrespective of the name under which they are stated.
Terms and Conditions: these Terms and Conditions.
Service: the provision on its Website of a bulletin board on which the User can view advertisements for rental properties and respond to advertisements.
User: the natural person or legal entity, whether or not acting in the course of a profession or business, who uses the Service through a Standard Account or Premium Account.
Intellectual Property Rights: all intellectual property rights and related rights, including but not limited to copyrights, database rights, domain names, trade name rights, trademark rights, design rights, neighbouring rights and patent rights.
Agreement: the agreement for Huurzone to provide the Service to the User.
Parties: Huurzone and the User.
Premium Account: an upgrade of the Standard Account. A Premium Account allows the User to use all additional features of the Service, including advanced search filters, access to all photographs and descriptions of rental properties, and unlimited responses to rental property advertisements through the Service platform.
Standard Account: an account that allows the User to use the Service to search for and view rental property advertisements.
Website: www.huurzone.nl, its subdomains, other extensions of that domain and any associated mobile applications, such as an iOS or Android app.

Article 2. General provisions and formation of the Agreement

These Terms and Conditions apply to all offers and all Agreements relating to Huurzone’s Services.
Obvious typographical errors and mistakes in advertising, Huurzone’s offers, the Website and/or an order confirmation do not bind Huurzone.
An application or order submitted to Huurzone through the Website by or on behalf of the User results in an Agreement only if Huurzone confirms that application or order.
Huurzone is at all times entitled to verify an order in advance or to refuse it without stating reasons. Huurzone will notify the User of this as soon as possible.
The User may not transfer any rights or obligations arising from the Agreement, including these Terms and Conditions, to a third party without Huurzone’s prior written consent.
If a court determines that any provision of these Terms and Conditions is void or voidable, this will not affect the validity of the remaining provisions. A void or avoided provision will be replaced by a valid provision with a similar purpose.

Article 3. Provision of the Service

The Service is offered by Huurzone and consists solely of providing a meta-search engine for rental property advertisements and enabling a User to contact a landlord and/or estate agent through its platform. The Service serves only as a ‘bulletin board’. The User is expressly free to contact a landlord and/or estate agent without using the Service platform.
Huurzone does not guarantee the completeness of the search results or the scope and accuracy of the property listings.
The User acknowledges that Huurzone has a facilitating role only, is not responsible for the formation of an agreement between the User and a landlord and/or estate agent, and never acts as an intermediary.
Huurzone will make every effort to perform the Agreement carefully and properly. However, Huurzone depends on the proper functioning of third-party products and/or services. Huurzone therefore accepts responsibility only for matters over which it can exercise control.
Huurzone does not guarantee that the Service and/or the data stored or processed through it will be continuously available or free from errors.
Huurzone has not entered into agreements with estate agents or other parties that offer rental property advertisements. Huurzone does not guarantee the completeness of the search results or the extent of the available property listings.

Article 4. Use of the Service

When using the Service, the User must comply with the Agreement, these Terms and Conditions and any Supplementary Terms.
The User is at all times fully responsible for their use of the Service and for the information they retrieve, store, distribute or otherwise use through the Service.
If the User creates a Huurzone account through the Website, the User chooses a username and password. The username and password may be used after Huurzone has checked and approved the User.
The username and password are strictly confidential and must not be disclosed to third parties. Huurzone may assume that a person who signs in using that username and password is authorised to act on behalf of the User.
As soon as the User knows or has reason to suspect that the username and password are being misused or have come into the possession of an unauthorised person, the User must inform Huurzone immediately, without prejudice to the User’s own obligation to take effective protective measures immediately.
The User warrants that the account information is accurate and complete.
A User acting in the course of a profession or business indemnifies Huurzone against all third-party claims relating to information posted by the User on the Website.

Article 5. Unlawful use

The use of the Service is subject to conditions. The Service may not be used for conduct that violates applicable laws and regulations. This includes storing or distributing through the Service information that is defamatory, libellous or racist, as well as posting advertisements for unlawful goods or services.
In particular, but without limitation, it is prohibited to:
1. retrieve, store and/or transmit threatening, insulting, offensive, sexually explicit or discriminatory statements;
2. retrieve, store and/or transmit pornographic or obscene material;
3. download, copy or otherwise distribute software, music, films or other material in a way that infringes intellectual property rights, statutory requirements and/or regulations;
4. collect or distribute personal data of third parties without permission or necessity;
5. use the Service in a manner that causes nuisance or inconvenience to other Users, including using custom scripts or programs to upload or download large quantities of data or making excessive calls to the Service;
6. sublet the Service or otherwise make it available to others;
7. use indecent language;
8. post information in places where it is not wanted or is off-topic; or
9. distribute information in breach of copyright or post hyperlinks to such information.
Huurzone reserves the right to make an account wholly or partly inaccessible if the User acts in breach of these Terms and Conditions. Huurzone will under no circumstances be liable for damage arising from that conduct.

Article 6. Maintenance and support

Huurzone will support the User in using the Service through a support desk.
Huurzone will make every effort to answer questions about the use of the Service adequately and within a reasonable period. Huurzone cannot, however, guarantee the accuracy and/or completeness of its answers.
Huurzone may modify the Service for maintenance purposes, provided that those modifications do not adversely affect the features agreed in the Agreement.
Huurzone is entitled to temporarily take the Service out of operation for preventive, corrective or adaptive maintenance or other forms of servicing. Huurzone will give the User as much prior and timely notice as possible, unless there is an emergency or immediate intervention is necessary. Huurzone will not keep the Service out of operation for longer than necessary. Huurzone is never liable for damage resulting from the temporary complete or partial unavailability of the Service.

Article 7. Prices

Use of the Service through a Standard Account is free of charge. A User who wishes to use extended features, including unlimited responses to advertisements, can create a Premium Account.
The prices of the Premium Account are stated on the Website and can be viewed through this link. All prices and rates are in euros and include VAT and any other government charges imposed at the time the Agreement is concluded, unless expressly stated otherwise.
All prices and rates stated on the Website, in Huurzone’s advertising and in its offers are subject to programming, typographical and writing errors.
Temporary discounts may apply to the initial prices of the Premium Account. On the automatic or other renewal of the Premium Account, the User is not entitled to receive an earlier discount again.

Article 8. Payment

The fee for the Premium Account consists of an amount paid monthly, quarterly or annually when upgrading to a Premium Account. The fee for the first subscription period is paid immediately upon the upgrade. If the Agreement is renewed automatically or otherwise for successive periods of no more than one month, the agreed monthly amount is paid in arrears each time.
The User owes the Premium Account fee immediately upon upgrading the Standard Account to a Premium Account, by way of advance payment.
The Premium Account fee is paid using the payment method offered on the Website. During payment, the User authorises Huurzone to collect fees by direct debit from the corresponding bank account. If a collection fails, Huurzone will notify the User and allow the User fourteen calendar days to meet the payment obligation. If payment is not made within that period, Huurzone is entitled to block the User’s account until the payment obligation has been met.
Immediately after the User’s first payment to Huurzone, the Premium Account is activated and Huurzone’s paid service begins. The User’s right of withdrawal thereby expires. The User agrees to this when creating the Premium Account.
Huurzone may amend the payment terms if Huurzone believes that the User’s financial position or payment conduct, or the nature of its relationship with the User, gives reason to do so.
Huurzone is entitled to suspend performance of its obligations under the Agreement if the User fails to comply with their obligations under the Agreement or these Terms and Conditions.
Huurzone will send a reminder or notice of default to a User who fails to pay or fails to pay on time. If payment is not made, the User owes the statutory interest applicable to commercial transactions on the outstanding amount.
If the User continues to fail to pay after a reminder or notice of default, Huurzone may refer the claim for collection. In that event, in addition to the total amount then due, the User must reimburse all judicial and extrajudicial costs, including all costs charged by external experts. This reimbursement is at least € 40. This is without prejudice to Huurzone’s other statutory and contractual rights.

Article 9. Complaints procedure

Complaints about Huurzone’s services must be submitted to Huurzone by the User through the complaints form.
Huurzone will start handling complaints within five working days.
A complaint must state sufficient reasons and be adequately substantiated.
Huurzone will make every effort to handle the complaint as quickly and adequately as possible.
If Huurzone considers that it requires additional information from the User to resolve the complaint, the User must provide full cooperation.
As soon as Huurzone has completed its handling of the complaint, it will notify the User and state to what extent it accepts or rejects the complaint.

Article 10. Processing of personal data

When performing the Agreement, Huurzone processes the User’s personal data.
The User and Huurzone each qualify as a controller. For more information about the processing of personal data, Huurzone refers to its Privacy Statement.
When processing personal data, Huurzone ensures an appropriate level of security.
The User can make their own backup of their data and is responsible for doing so. Huurzone is not liable for the loss of data.

Article 11. Intellectual property

All copyrights and other Intellectual Property Rights relating to the Website, the Service and all Huurzone advertising belong to Huurzone and/or its licensors. The User acknowledges those rights and warrants that they will refrain from any infringement.
The User is granted a non-exclusive and non-transferable right to use the Website and the Service in accordance with these Terms and Conditions.
Huurzone does not become the rights holder in information, including but not limited to text, photographs and video material, that the User publishes through the Service. The User grants Huurzone a non-exclusive right to use that information. Huurzone’s right of use includes the right to publish the information on its partners’ websites.
The Website contains hyperlinks to other websites maintained by third parties. Huurzone has no control over the information, products and services provided on those websites and accepts no liability for damage arising in any way from their use.
If information has been copied without the User’s permission to third-party websites, the User authorises Huurzone to take legal action against this in its own name or on the User’s behalf. Huurzone will bear all associated costs, but the User must cooperate where necessary.

Article 12. Term and termination

The Agreement for the Standard Account is entered into for an indefinite period. Either Party may terminate this Agreement at any time with immediate effect.
The term of the Agreement for the Premium Account depends on the subscription selected by the User.
The term of the Premium Account is automatically renewed for successive periods of no more than one month.
The User may terminate the Premium Account subject to a notice period of one day before the end of the then-current term. The User may terminate before the end of a term, on the understanding that the fee remains due.

Article 13. Liability

Except in the event of intent or gross negligence, Huurzone’s total liability for an attributable failure to perform the Agreement is limited to compensation for direct damage up to the amount paid by the User during the three months preceding the event that caused the damage.
Huurzone is expressly not liable for indirect or consequential damage, loss of profit, lost savings, damage resulting from loss of data or damage caused by business interruption.
The User must notify Huurzone in writing as soon as possible and no later than one year after discovering the event that caused the damage. All claims for compensation expire after that period.

Article 14. Force majeure

In the event of force majeure, Huurzone is never required to compensate the User for resulting damage. Force majeure includes failures or outages of the internet, telecommunications infrastructure or electricity supply, strikes, operational failures and stagnation in supplies.

Article 15. Amendments

Huurzone reserves the right to unilaterally amend or supplement these Terms and Conditions. Amendments also apply to Agreements already concluded.
Amendments will be communicated to the User in writing or by email and will take effect thirty (30) days after notification, unless a different date is specified in that notification.
If the User does not agree to an amendment, the User is entitled to terminate the Agreement with effect from the date on which the amendment takes effect.

Article 16. Governing law

All Agreements concluded under these Terms and Conditions and all obligations related to or arising from them are governed by Dutch law. The United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG) expressly does not apply.
All disputes arising from the Agreement and/or obligations related to or arising from it will be submitted exclusively to the competent court for the district in which Huurzone has its registered office.

Article 17. Contact details

For questions, complaints or comments about these Terms and Conditions, please use the following contact details:

Huurzone
PO Box 5548
4801 DZ Breda

Email: [email protected]