Nederlands General terms and conditions Maastricht Housing Platform
Article 1 Definitions
In these general terms and conditions, the following terms with an initial capital letter are used. These terms are understood to mean:
1.1 General Terms and Conditions: these General Terms and Conditions Platform Maastricht Housing;
1.2 Subscription: the Agreement under which the User has the opportunity to make use of the extensive functionalities of the Platform;
1.3 Account: the personal online environment within the Platform which is made available to the User by Maastricht Housing for the purpose of using and managing the Service;
1.4 Accommodation: living accommodation (including but not limited to rooms, studios, apartments or houses) for students in or near Maastricht;
1.5 Advertisement: the advertisement in which Accommodations for students are made available and which is visible on the Platform;
1.6 AVG: General Data Protection Regulation (GDPR) 2016/679;
1.7 Service(s): bringing Users into contact with the Platform with a view to offering and/or searching for Accommodations;
1.8 User: the natural or legal person who, directly or indirectly, concludes an agreement with Maastricht Housing regarding access to the Platform.
1.9 Tender Price: the amount that the User owes Maastricht Housing for access to the Platform and Services when an Agreement is concluded;
1.10 Maastricht Housing: Stichting Studentenhuisvesting Maastricht, located at Brouwersweg 100 in 6216EG Maastricht with Kvk number 41076390;
1.11 Agreement: the agreement between Maastricht Housing and the User regarding access to the platform of which these Terms and Conditions are an integral part.
1.11 Parties: Maastricht Housing and User;
1.11 Personal data: in the sense of article 4 AVG (GDPR);
1.12 Platform: the (mobile) website and/or app on which Accommodations for students are made available, which is controlled, managed, maintained and/or hosted by Maastricht Housing, its owner.
Words in the singular also include the plural and vice versa to the extent required by the text.
Article 2 Applicability of general terms and conditions
2.1 These Terms and Conditions apply to any offer and any 0vereenkomst that is concluded between Maastricht Housing and the person who registers for access to the Platform and/or Services of Maastricht Housing.
2.2 By sending the (online) registration form for access to the Platform and/or Services provided by Maastricht Housing, the User declares to know and accept these Terms and Conditions.
Article 3 Formation of the Agreement
3.1 After the User creates an Account on the Platform and/or through the Platform takes out a Subscription and this is confirmed by Maastricht Housing, there is an Agreement between Parties. The Platform will state the amount User will owe for the Subscription. Unless an amount is explicitly stated otherwise, all prices quoted on the Platform include sales tax and other government levies.
3.2 Maastricht Housing may - without being obliged to give reasons - refuse to enter into an Agreement or maintain and/or Subscription to conclude for a User.
Article 4 Services
4.1 The Platform has been set up by Maastricht Housing for the benefit of Users in order to bring potential tenants and re-tenants of Accommodations into contact with each other. Maastricht Housing has an exclusive facilitating role and is in no way responsible for the establishment or development of legal relationships between Users. Maastricht Housing is explicitly not an intermediary.
4.2 Maastricht Housing's role in facilitating is limited to the following: making the Platform available and objectively maintaining - based on the moment of registration - the ranking of Users. This ranking may be relevant in the event that several Users are interested in the same Accommodation. However, Maastricht Housing can under no circumstances be held responsible or liable in connection with this ranking.
4.3 Maastricht Housing does not guarantee the availability of the Platform: the Platform will be made available "as is".
4.4 Maastricht Housing does not guarantee that the information provided on the Platform is correct or complete. The information provided on the Platform is for information purposes only and cannot under any circumstances be regarded as legal or tax advice. Users can under no circumstances derive any rights from the information provided on the Platform.
Article 5 Terms of use
5.1 After the Parties have entered into the Agreement and payment of the Registration Price is received by Maastricht Housing, Maastricht Housing will provide the User with a username and password for the Platform. User is responsible for this. This username and password are personal and may not be transferred. All actions of the User after login with his username and password, are deemed to have been performed under his/her direction, supervision and responsibility.
5.2 It is prohibited to use the Platform for actions in violation of Dutch and/or other applicable laws and regulations. Maastricht Housing understands this to include: defamation, slander, racist treatment or the creation of fake profiles. Furthermore, the following is not permitted: indecent use of language, posting information that is not related to the purpose of the Platform, pornographic or erotic information, information that violates the intellectual property rights of third parties, information that violates the privacy of third parties, spam, nuisance or disruption of the Platform.
5.3 The User, being the provider and/or lessor of Accommodations, is not permitted to charge mediation costs.
5.4 If and after determination of a violation of the Terms of Use, Maastricht Housing itself may act to terminate the violation. Furthermore, Maastricht Housing is free to terminate the Agreement with immediate effect, without refunding the costs already paid. Maastricht Housing is further entitled to take all measures it deems necessary to prevent or avert danger, damage or nuisance.
Article 6 Intellectual property
The Platform, the associated software as well as all information and images on the website are the intellectual property of Maastricht Housing. These may not be copied or used in any way without the separate written permission of Maastricht Housing, except to the extent permitted by law.
Article 7 Liability
7.1 Except in the case of intent or willful recklessness, Maastricht Housing is not liable for any damage on the part of the User.
7.2 User is liable for all damages suffered and to be suffered by Maastricht Housing as a result of failure to comply with the Terms of Use. Maastricht Housing can recover the resulting damages from User. User indemnifies Maastricht Housing from all claims by third parties and/or other Users in connection with information posted by User on the Platform.
Article 8 - Personal data
Personal data of the User will be processed by Maastricht Housing and any third party processors in accordance with the AVG (GDPR). More information can be found in the Privacy Statement of Maastricht Housing.
Article 9 - Other conditions/arrangements
The applicability of these Terms and Conditions does not affect the possible applicability of other (contractual) conditions and/or arrangements of Maastricht Housing.
Article 10 - Applicable law/competent court
10.1 These General Terms and Conditions are governed by Dutch law.
10.2 All disputes relating to the legal relationship between Maastricht Housing and the User, will be submitted exclusively for trial to the competent court in Limburg.
Article 11 - Residual provisions
11.1 If and insofar as any provision of the General Terms and Conditions is void or annulled, the other provisions of the General Terms and Conditions shall remain in full force and effect. Maastricht Housing will then adopt a new provision to replace the void/annulled provision, as far as possible the intent of the void/annulled provision will be observed.
11.2 Maastricht Housing reserves the right to change the General Conditions. The effective Terms and Conditions replace all previous terms and conditions, unless otherwise expressly stated by Maastricht Housing.
11.3 These General Terms and Conditions can only be deviated from by written agreement. If this is the case, the other provisions shall remain in force.