TERMS AND CONDITIONS

  • Service Provider: Alex Gonzalez, trading as Amsterooms
    Business registration (KvK): 93619685
    Business address: Baden Powellweg 161, 1069 LE Amsterdam, The Netherlands

    These General Terms and Conditions apply to room-search assignments accepted by Amsterooms. They form part of the agreement between Amsterooms (the “Agency”) and the person instructing the Agency (the “Client”).

    Where an individual assignment expressly varies these Terms in writing, the specific assignment shall prevail to the extent of the inconsistency. Nothing in these Terms excludes or limits any rights that cannot lawfully be excluded or limited under Dutch law.

    1. Definitions and scope

    1.1. Agency means Alejandro Gonzalez, trading as Amsterooms.

    1.2. Client means the individual who instructs the Agency to search for a room for their own accommodation.

    1.3. Assignment means the room-search service agreed between the Agency and the Client, including any specific requirements, agreed fee and other written arrangements.

    1.4. Introduced Room means a room whose address, availability or relevant rental opportunity has been communicated to the Client by the Agency, or which the Agency has specifically identified and presented to the Client as part of the Assignment. Where a dispute arises, the Agency may rely on contemporaneous written communications and other relevant records.

    1.5. The Agency provides a room-search and introduction service based on the Client’s stated requirements. The Agency does not itself provide accommodation and is not a party to the rental agreement between the Client and the landlord.

    2. Nature of the service

    2.1. Depending on the agreed Assignment, the Agency may:

    • Search for potential rooms matching the Client’s requirements;

    • Identify and assess available room opportunities;

    • Collect and communicate information about the room, landlord and proposed rental conditions;

    • Facilitate contact between the Client and the landlord or the landlord’s representative;

    • Assist with arranging viewings and communicating the Client’s interest;

    • Assist with the rental application process.

    2.2. The precise scope of the services depends on the individual Assignment. Services not expressly agreed are not automatically included.

    2.3. The Agency will perform the agreed services with reasonable care and skill. The Agency does not guarantee that a room will be found, that a landlord will accept the Client, that a room will remain available, or that the Client will obtain a rental agreement.

    2.4. The landlord or the landlord’s authorised decision-maker retains the final decision on whether to rent a room to the Client. The Agency cannot compel a landlord to accept an application or conclude a rental agreement.

    2.5. The Client is responsible for reviewing the proposed rental agreement and deciding whether to sign it. The Agency does not provide legal, tax, immigration or financial advice unless this is expressly agreed in writing.

    3. Independent client-side assignment and conflicts of interest

    3.1. Under a room-search Assignment for which the Agency charges the Client a success fee, the Agency undertakes to act on the Client’s instructions in searching for accommodation.

    4. No Cure, No Pay and the success fee

    4.1. The Assignment operates on a No Cure, No Pay basis. The Client owes the agreed success fee only if the Client enters into a rental agreement or another binding occupancy agreement for a room obtained through the Agency’s documented efforts, subject to applicable Dutch law.

    4.2. A success fee becomes due when the Client and the landlord have concluded the relevant binding rental or occupancy agreement. Unless otherwise expressly agreed in writing, the fee is not conditional on the Client subsequently moving into the room, receiving the keys or remaining in the accommodation for a minimum period.

    4.3. If no qualifying rental or occupancy agreement is concluded through the Agency’s efforts, no success fee is payable under the No Cure, No Pay arrangement.

    4.4. The applicable success fee must be stated in the individual Assignment or another written agreement accepted by the Client. The fee shall specify whether VAT is included. No fee amount is implied by these General Terms alone.

    4.5. Unless a different payment period is agreed in writing, the Agency will issue an invoice when the success fee becomes due, and the Client must pay it within 14 days of the invoice date.

    4.6. If the Client concludes a rental agreement for an Introduced Room after communicating directly with the landlord, or through another person, this does not by itself remove the Agency’s entitlement to the agreed success fee where the room was obtained through the Agency’s documented efforts and the conditions in clause 4.1 are met.

    4.7. The Agency may not claim a success fee merely because the Client rented a room that was independently found by the Client and was not obtained through the Agency’s efforts.

    4.8. The Agency will not charge a separate cancellation fee or a pro-rata search fee merely because the Assignment ends without a qualifying rental or occupancy agreement, unless a separate charge is expressly agreed in writing and is lawful under applicable law.

    5. Client’s obligations

    5.1. The Client must provide accurate, complete and up-to-date information reasonably required to carry out the Assignment, including relevant information about:

    • Identity and contact details;

    • Household composition and intended occupants;

    • Income, employment or other lawful means of demonstrating financial capacity;

    • Intended move-in date, budget and accommodation requirements;

    • Any other information reasonably relevant to a rental application.

    5.2. Where reasonably necessary for a rental application, the Client may be asked to provide supporting documents such as proof of identity, income evidence, an employment contract or an employer’s statement. The Agency will handle personal data in accordance with its privacy information and applicable data-protection law.

    5.3. The Client must not provide forged, altered, misleading or knowingly incomplete documents or information.

    5.4. The Client must respond within a reasonable time to requests for information, review property details and inform the Agency promptly of any change to the Client’s requirements or circumstances.

    5.5. The Client is responsible for ensuring that all information submitted in a rental application is accurate and for reviewing any declarations made to a landlord.

    5.6. The Agency may suspend or terminate the Assignment if the Client materially fails to cooperate, provides fraudulent information or requests assistance with unlawful conduct. Such suspension or termination does not create a success fee where no qualifying agreement has been concluded, subject always to mandatory law and any separate lawful agreement.

    6. Room information, availability and rental decisions

    6.1. Room availability, rental prices, deposits, service costs, occupancy conditions and other terms may change. A room is not reserved for the Client unless the landlord or an authorised representative confirms the reservation in writing.

    6.2. Information supplied by a landlord or another third party will be communicated in good faith, but the Agency cannot guarantee that all third-party information is complete, accurate or up to date.

    6.3. The Client should independently verify important matters before signing, including the rental price, additional charges, deposit, permitted occupancy, house rules, contract duration and any registration requirements.

    6.4. Unless expressly agreed in writing and actually verified by the Agency, the Agency does not guarantee that the room is suitable for every intended purpose, that registration in the Dutch Personal Records Database (BRP) is permitted, or that any required permit or authorisation is in place.

    6.5. The Agency does not guarantee the future conduct, financial position or performance of a landlord, other occupants or third parties.

    6.6. The Client should inspect the room and document any visible defects or damage before accepting it, and should raise concerns directly with the landlord in writing.

    7. Introduced rooms and non-circumvention

    7.1. The Client agrees not to deliberately conceal or misrepresent the conclusion of a rental agreement for an Introduced Room for the purpose of avoiding a success fee that is lawfully due under clause 4.

    7.2. If the Client rents an Introduced Room directly from the landlord or through another intermediary, the Agency may request reasonable information to establish whether the rental resulted from its documented efforts.

    7.3. This clause does not create a success fee where the conditions in clause 4 are not met, where the room was independently obtained by the Client, or where charging the fee is prohibited by Dutch law.

    7.4. No penalty or additional fee arises solely from a breach of this clause unless a separate, clear and lawful written agreement provides otherwise. Any remedy remains subject to applicable law.

    8. Duration and termination

    8.1. The Assignment begins when the Agency confirms acceptance of the Client’s instructions in writing, including by email or WhatsApp.

    8.2. Unless the individual Assignment specifies another period, the Assignment remains in force for 90 days.

    8.3. Either party may terminate the Assignment by written notice, including by email or WhatsApp.

    8.4. Termination does not affect a success fee that became due before termination.

    8.5. If the Client concludes a rental agreement after termination for an Introduced Room, the Agency may claim the success fee only if the agreement resulted from the Agency’s documented efforts, the requirements of clause 4 are met, and the claim is permitted by applicable law.

    8.6. If the Assignment ends without a qualifying rental or occupancy agreement, no success fee is payable under the No Cure, No Pay arrangement.

    8.7. Termination does not affect rights or obligations that have already accrued or provisions that by their nature are intended to continue, subject to applicable law.

    9. Consumer withdrawal rights

    9.1. Where the Client contracts as a consumer at a distance, including online, by email or by telephone, the Client may have a statutory right to withdraw from the agreement within 14 days, subject to the applicable legal requirements and exceptions.

    9.2. Where the Client expressly requests that the Agency begin providing services during the withdrawal period, the Agency will obtain any legally required request, consent and acknowledgement before relying on the applicable rules concerning early performance.

    9.3. The Client’s withdrawal rights and any payment obligations arising from services performed during the withdrawal period will be determined by applicable consumer law. Nothing in these Terms removes or restricts mandatory statutory rights.

    9.4. The Agency will provide any legally required information and withdrawal instructions when entering into a contract to which these rules apply.

    10. Privacy and personal data

    10.1. The Agency processes personal data only for specified and lawful purposes connected with the Assignment, administration, communication, compliance with legal obligations and the protection or exercise of legal claims, as applicable.

    10.2. Personal data may be shared with a landlord or authorised representative where necessary for a rental application and where there is an appropriate legal basis. The Agency will not treat this clause as blanket consent to disclose all personal data to any third party.

    10.3. The Agency will request only information reasonably necessary for the relevant purpose and will handle identity documents and financial evidence in accordance with applicable data-protection law.

    11. Liability

    11.1. The Agency is not a party to the rental agreement between the Client and the landlord and is not responsible for the landlord’s performance of that agreement.

    11.2. To the extent permitted by mandatory law, the Agency is not liable for losses arising solely from the acts or omissions of a landlord, other occupants or other third parties, including disputes about rent, deposits, maintenance, damage, house rules, registration, termination or the return of belongings.

    11.3. The Agency is not responsible for losses caused by materially false or misleading information supplied by the Client or by third parties, where the Agency could not reasonably have been expected to identify the problem.

    11.4. Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by law, including any applicable liability for intentional misconduct or other liability that cannot lawfully be excluded.

    11.5. The Agency will take reasonable care when performing the agreed services. Any limitation of liability must be interpreted in accordance with mandatory Dutch law and applicable consumer-protection rules.

    12. Complaints and communication

    12.1. The Client should raise any complaint about the Agency’s services in writing, describing the issue and providing relevant supporting information.

    12.2. The Agency will consider the complaint and respond within a reasonable time.

    12.3. The parties may communicate by email or WhatsApp. Written communications may be used as evidence of instructions, room introductions, fee agreements and other matters, subject to applicable law.

    12.4. The Client is responsible for keeping the Agency informed of changes to their contact details.

    13. Non-discrimination and selection

    13.1. The Agency does not tolerate unlawful discrimination in the room-search process.

    13.2. Where applicable to the Agency’s role, selection and application processes will be handled in accordance with the relevant Dutch legal requirements, including requirements concerning transparent procedures and objective, non-discriminatory selection criteria.

    13.3. The landlord or other authorised decision-maker makes the final decision on which applicant to accept. The Agency does not guarantee that a Client will be selected.

    14. Applicable law and disputes

    14.1. These Terms and the Assignment are governed by the laws of the Netherlands.

    14.2. The parties will first attempt to resolve any dispute through good-faith written communication.

    14.3. If the dispute cannot be resolved amicably, it may be submitted to the competent court in the Netherlands in accordance with applicable procedural rules. Nothing in these Terms deprives a consumer of any mandatory rights concerning jurisdiction.

    15. Final provisions

    15.1. If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law. The invalid provision will be interpreted or replaced only to the extent necessary to achieve a lawful result consistent with its purpose.

    15.2. Any amendment to an individual Assignment must be agreed in writing by both parties.

    15.3. These Terms do not exclude any mandatory rights or remedies available to the Client under Dutch or European law.

    15.4. The version of these Terms applicable to an Assignment is the version supplied to the Client when the Assignment is agreed, unless the parties subsequently agree otherwise in writing or a change is required by law.

    Amsterooms
    Alex Gonzalez
    KvK: 93619685
    Baden Powellweg 161, 1069 LE Amsterdam, The Netherlands
    https://www.amsterooms.nl