Mediation terms and conditions

Article 1 – Definitions In these terms and conditions the following terms are defined as:

1.1 Gusteau's Real Estate registered at the Chamber of Commerce in The Hague under number 65572939

1.2 Client: Any natural person or legal entity, who has given Gusteau's Real Estate (contractor) a verbal or written commission to act as mediator in the search of a domestic property or office space.

1.3 General terms and conditions: the terms and conditions as published on the website of Gusteau's Real Estate www.gusteaus.nl. If any provision in the verbal or written mediation terms and condition(s) between Gusteau's Real Estate and the client is in conflict with any provision of the general terms and conditions, the provision of the mediation terms and conditions will be upheld.

Article 2 – Establishing agreement

2.1 The mediation agreement is established through verbal and/or written acceptance of a letting agreement between owner/lessor and client.

2.2 Before an agreement is established, the client is required to (amongst other things) show Gusteau's Real Estate valid identification, work documents and an income specification.

2.3 All offers as made by Gusteau's Real Estate relating to domestic properties or commercial space, both verbal and written, are offers without commitment. The client cannot derive any rights from offers as such.

2.4 If the client is eligible for domestic properties for which a living permit is required, the acquisition of said permit is the client’s responsibility and their own risk.

Article 3 – Registration fees

3.1 Before commencement of proceedings the client owes Gusteau's Real Estate no registration fees.

3.2 All costs incurred by Gusteau's Real Estate through work done on the client’s behalf are billed to the client.

Article 4 – Duties

4.1 Gusteau's Real Estate duties commence after a verbal, email or written acceptance of the offer form or after natural evolution of the rental process. 

4.2 Duties as carried out by Gusteau's Real Estate include (amongst other things) the guidance, tenancy negotiation, viewing and advising with regards to rent, letting and management.

Article 5 – Mediation fees and service costs

5.1 For lessees a mediation fee is only applicable if there is a private search order. For landlords a mediation fee is always applicable. If there is no private search order, only service costs are applicable.

5.2 If the mediation of Gusteau's Real Estate on behalf of the client results in a verbal and/or written acceptance or letting agreement of an object, the client owes Gusteau's Real Estate a mediation fee. The mediation fee should be paid no later than 48 hours before the time of key exchange of the property. 

5.3 For landlords and lessees, the mediation fee equals one full month rent (with utilities and furniture included if applicable) as stated in the rental agreement plus the VAT.

5.3 If any provision as defined in articles 5.3 is in conflict with any provision in the online presentation of the rental object in question, as mentioned in the rental offers , the provision as defined in the online presentation of the rental object will be upheld.

5.4 If the client accepts a rental space either verbally or in written/e-mail form, but at a later date withdraws from rental, a sum of equal to the deposit and mediation fee will be charged as a withdrawal/cancelation fee.

5.7 After viewing, the client should let Gusteau's Real Estate know if the client accepts the offered living- or office space the next working day before 12.00. Viewing and/or acceptance by the client do not guarantee acceptance from the lessor.

5.7 The rented object cannot be moved in to before the letting agreement has been signed by the client, and the payment of the first month’s rent, the deposit and the mediation fees have been paid in full to Gusteau's Real Estate.

5.8. Service costs are applicable to lessees who reacted on one of the listed properties on Gusteau's Real Estate website, but act without a private search order. This covers the various services that Gusteau's Real Estate offered exclusively to the lessee. The service costs varies between 250 to 350 + VAT. If lessee accepts a rental space either verbally or in written/e-mail form, but at a later date withdraws from rental, a sum equal to the deposit and service costs will be charged as a withdrawal/cancelation fee.

Article 6 –Liability

6.1 Gusteau's Real Estate cannot be held responsible for the consequences of unlawful actions and/or for the way an owner/lessor carries out his duties after signing of the letting agreement. The client should liaise with the owner/lessor directly.

6.2 Gusteau's Real Estate cannot, partly through her dependency on third parties for obtaining information, guarantee the accuracy and completeness of the information as given by Gusteau's Real Estate, nor that the given information is up to date.