Terms and Conditions

Welcome to NewSpace Rentals. By using this website and the services contained therein (‘Services’) you agree to comply with and be bound by the following terms and conditions. If you do not agree to and accept these Terms & Conditions, you should not use this website. All references within these Terms & Conditions to ‘we/us/our’ refer to NewSpace Rentals.

Please read below our ‘Terms & Conditions’ or download the PDF here

Index

Definitions and Terms – Page 2: Article 1

General Provisions – Page 2: Article 2

Validity of the Offer and Conclusion of the Agreement – Page 3: Article 3

Amendment, Suspension and Dissolution of the Agreement – Page 3: Article 4 

Prices, price changes and Value Added Tax (VAT) – Page 4: Article 5 

Payment, Advances, Invoicing, Payment and Absence – Page 4: Article 6

Implementation of Agreement and Delivery Times  – Page 5: Article 7 – 

Responsibilities and Authority of the Client – Page 6: Article 8 

Complaints – Page 6: Article 9 

Limited Liability – Page 6-7: Article 10 

Limitation period – Page 8: Article 11 

Suspended – Page 8: Article 12 

Confidentiality and Data – Page 8: Article 13

Ownership and Intellectual Property – Page 8: Article 14

Applicable Law and Disputes – Page 9: Article 15 

Indemnification – Page 9: Article 16 

Location and Explanation of General Terms and Conditions – Page 9: Article 17 

Article 1 – Definitions and Terms

  • NEW SPACE B.V.

The private limited liability company NEW SPACE BV, established and conducting business at BORNISSESTRAAT 2, 3044 AE ROTTERDAM, registered with the Chamber of Commerce under number 69327157, hereinafter referred to as: NSR

  • (Terms) Conditions

These General Terms and Conditions of NSR, also referred to as Conditions.

  • Object

An independent or independent (furnished / upholstered) living space.

  • Client

The (legal) person who purchases products or services from NSR. If the purchased products or services relate to an Object (for example, mediation, rental or management of an Object), the Client must be the owner or co-owner of that Object. The term Homeowner is also used in the management agreement. In that case Homeowner is also the Client.

  • Agreement or Contract
  • A business commitment between the Client and NSR, with the aim of delivering products or services from NSR to the Client for a fee. Where reference is made to Contract, Agreement can also be read.
  • Quotation or Offer

A proposal to enter into an Agreement that loses its power through the passage of time or cancellation. The terms “Offer” and “Offer” have a uniform meaning in these General Terms and Conditions.

  • Home seeker

The (legal) person who has registered with NSR as a home seeker. A Home seeker can also be a representative of a company or organization that is looking for housing for one or more employees.

  • Rental agreement

A Rental Agreement for an Object (residential accommodation) prepared by NSR whereby the Client and Home Seeker commit themselves contractually to the conditions drawn up by NSR.

  • Tenant

The former Home seeker who, through NSR, has concluded a Rental Agreement for one or more Objects.

  • Deposit or Deposit

Financial security received from Home seeker or Tenant for, among other things, compliance with the Rental Agreement.

  • Activities

The provision of services or goods by NSR in the broadest sense of the word, without any subordination and outside employment.

  • Compensation or Reward

The financial payment due to NSR by the Client for the services provided by NSR, such as commissions / profit sharing and expense allowances.

  • Written

In addition to written communication by letter, also written communication by email or any other form of communication that can be equated with this in view of the state of the art and the prevailing views in society.


Article 2 – General Provisions

2.1.           These Terms and Conditions apply to every Offer, Quotation and Agreement between NSR and the Client to which NSR applies. Conditions has been declared applicable, insofar as the Parties have not explicitly deviated from these Conditions in writing. These Conditions also apply to additional and follow-up agreements, for example amendments and annexes to an Agreement. The conclusion of an Agreement with NSR means that the Client unconditionally accepts the applicability of these Conditions.

The present Terms and Conditions also apply to Agreements with NSR, for the implementation of which NSR requires the involvement of third parties, and to any (temporary) employees or cooperation partners of NSR and the Client.

2.3.           Any deviations from these Terms and Conditions are only valid if explicitly agreed in writing and only apply to the specific Agreement to which the deviations relate.

2.4.           If one or more provisions in these General Terms and Conditions are at any time wholly or partially invalid or should be declared void, the remaining provisions in these General Terms and Conditions will remain fully applicable. 

NSR and the Client will then consult with each other to agree on new provisions to replace the void or voided provisions, taking into account as far as possible the purpose and scope of the original provisions.

2.5.           If a situation occurs between parties that is not regulated in these General Terms and Conditions, then this situation must be assessed “in the spirit” of these General Terms and Conditions.

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2.6.           If NSR does not always demand strict compliance with these Terms and Conditions, this does not mean that the provisions thereof do not apply, or that NSR would lose the right to demand strict compliance with the provisions of these Terms in other cases.

2.7.           NSR reserves the right to change or supplement these Terms and Conditions. NSR may decide to make the changes also applicable to Agreements already concluded, with due observance of a period of thirty (30) days after written notification to the Client. If the Client does not wish to agree to these changes, it has the right to cancel the Agreement with due observance of a notice period of ten (10) days against the date on which the changes take effect.

2.8.           In the event that these Conditions and the Agreement contain conflicting provisions, the provisions contained in the Agreement apply.

2.9.          Applicability of any General Terms and Conditions of the Client is expressly excluded.

Article 3 – Validity of the Offer and Conclusion of the Agreement

3.1.          All offers from NSR are without obligation.

3.2.          Products, services, conditions or prices offered in a quotation do not automatically apply to future quotations.

3.3.          The validity of an offer from NSR is thirty (30) days after the date, unless another validity period is explicitly stated

is in that quote.

3.4.            A quotation expires as soon as NSR sends a newer version of that quotation to the Client, provided that the Client at that time had not already accepted the previous version of that quotation.

3.5.          A quote also expires if the Object of the Client or a product or service of NSR – to which the quote relates in the

in the meantime, is no longer available.

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3.6.           Quotations are based on relevant information provided by the Client both orally and in writing. When proved inaccuracies or incompleteness of those data that can reasonably be attributed to the Client, the Client cannot derive any rights from an (accepted) offer or Agreements resulting from it with regard to NSR or with regard to third parties engaged by NSR.

3.7.           NSR cannot be held to its quotation if the Client can reasonably understand that the quotation, or a part thereof, contains an obvious mistake or error.

3.8.           An Agreement is formed by either acceptance by the Client of a valid offer from NSR, or by the Client and NSR entering into an Agreement by other means.

3.9.           The offer to enter into an Agreement can be made by NSR both orally and in writing. Only after the order has been accepted in writing by NSR and the written Agreement has been signed by the Client is it binding on NSR.

3.10.         If the acceptance (whether or not on subordinate points) of an offer differs from the offer included in the offer, NSR is not bound by it. The Agreement will then not be concluded in accordance with this deviating acceptance, unless NSR indicates otherwise.

Article 4 – Modification, Suspension and Termination of the Agreement

4.1.          Changes to the agreement are only possible under the following conditions:

4.1.1.        At the request of the Client or NSR, but with mutual and written consent,

4.1.2.        If necessary, to bring the Agreement into conformity with the applicable legislation and regulations,

4.1.3.        At the direction of the competent authorities.

4.2.          If the provisions under 4.1.2 or 4.1.3 apply, then:

4.2.1.        The Client and NSR undertake mutually to timely, in mutual consultation, enter into the Agreement accordingly to fit.

4.2.2. The aim is to deviate as little as possible from the purpose and scope of the original Agreement and the Agreement will are only adjusted on the necessary points so that they are (again) in accordance with the applicable legislation, regulations or designation of the competent authorities.

4.3.           If the nature, scope or content of the Agreement is changed and the Agreement is thereby changed in qualitative and / or quantitative terms, then this may have consequences for what was originally agreed, such as, for example, prices and (delivery) terms.

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4.4.           If the Agreement has been amended or supplemented, NSR will only be entitled to implement it after the parties have agreed on all changes and / or additions, including the time of completion of the Work, Remuneration and other conditions to be determined.

4.4.1.        Failure to execute the (amended) Agreement in the intervening time does not constitute a breach of contract by NSR and does not constitute grounds for the Client to terminate or terminate the Agreement.

4.4.2.        If a fixed Fee has been agreed, NSR will indicate to what extent the change or supplement to the Agreement will result in an adjustment – increase or decrease – of this Fee.

4.4.3.        Contrary to paragraph 4.4.2, NSR will not be able to charge additional costs if the change or supplement is the result of circumstances that can be attributed to NSR.

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4.5.           NSR is authorized to suspend compliance with the obligations or to terminate the Agreement immediately and with immediate effect if:

4.5.1.       Client does not fulfil his obligations from the Agreement, not fully or not on time.

4.5.2.        After the conclusion of the Agreement, NSR becomes aware of circumstances that give good reason to fear that the Client will obligations.

4.5.3.        The Client was requested at the conclusion of the Agreement to provide security for the fulfilment of its obligations from the Agreement and this security is not provided or is insufficient.

4.5.4.        Due to the delay on the part of the Client, NSR can no longer be expected to oppose the Agreement originally agreed conditions.

4.5.5.        Circumstances arise that are of such a nature (for example, force majeure) that they are compliance with the Agreement impossible or as a result of which unchanged maintenance of the Agreement cannot reasonably be expected from NSR.

4.5.6.        There is liquidation, (applications for) a suspension of payment or bankruptcy, of seizure – if and insofar as the seizure has not been lifted within three months – at the expense of the Client, of debt rescheduling or another circumstance as a result of which the Client can no longer freely dispose of his assets.

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4.6.           If NSR proceeds to suspend or terminate the Agreement on the grounds referred to in this article, it is therefore not obliged in any way to compensate damage and costs arising therefrom in any way or compensation.

4.7.           If the cancellation is attributable to the Client, NSR is entitled to compensation for the damage and costs arising directly or indirectly as a result.

4.8.           If the Agreement is dissolved, then NSR ‘s claims against the Client are immediately due and payable.

4.9.           If NSR suspends compliance with its obligations, it retains its rights under the Law and the Agreement.

4.10.         If the Agreement is terminated prematurely by NSR, NSR will arrange for the transfer of work still to be performed to third parties in consultation with the Client, unless the cancellation is attributable to the Client.

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4.11.         Unless NSR is responsible for the premature termination of the Agreement, the costs for transfer will be charged to the Client. NSR will inform the Client in advance as much as possible about the extent of these costs.

4.12.         If the Client cancels an order placed in whole or in part, then the goods ordered or prepared for it, plus any delivery, removal and delivery costs thereof and the working time reserved for the implementation of the Agreement, will be charged to the Client in full.

Article 5 – Prices, Price changes and Value Added Tax

5.1.           Amounts offered and invoiced by NSR are in the currency Euro (EUR), unless explicitly specified otherwise in the quotation or invoice.

5.2.           The prices stated in an Offer or Agreement (other than rental prices) include VAT but are exclusive within the framework of the offer costs to be incurred, including travel and subsistence, shipping and administration costs, unless stated otherwise.

5.3.           The rental prices stated in an Offer or Agreement are not subject to VAT unless required by law – for example in the case of so-called short-stay. In that case, the rental prices are increased with the moment that the VAT rates apply, if possible in accordance with the Rental Agreement, charged to the tenant.

5.4.           A composite quotation does not oblige NSR to perform part of the assignment against a corresponding part of the specified price.

5.5.            Prices in a valid Offer or Agreement do not automatically apply to future Offers or Agreements or to

(future) orders placed outside the scope of a valid Agreement.

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5.6.           If at the conclusion of the Agreement NSR agrees on a specific price, then NSR is under the following circumstances nevertheless entitled to (unilateral) adjustment of the price, even if the price was not originally stated with reservation:

5.6.1.       If the price adjustment is the result of a change to the Agreement;

5.6.2.        If the adjustment of the price results from an obligation imposed on NSR under the Act, for example an increase of a VAT rate.

5.6.3.        NSR is entitled to adjust its hourly rates and expense allowances annually as of January 1, in accordance with the consumer price index (inflation correction) published by the Central Bureau of Statistics (CBS). This clause explicitly does not apply to rates and fees that are based on the principle of profit sharing between the Client and NSR.

Article 6 – Reimbursement, Advances, Invoicing, Payment and Default

6.1.           The Client undertakes to provide NSR with the fees specified in the Agreement, such as a share in the profit, commission, expense allowances and other agreed allowances.

6.2.           NSR is entitled to provide the Client with a reasonable advance on the Payment for the Work still to be performed invoicing. NSR is entitled to suspend the commencement of its Work until the advance has been paid or sufficient security has been provided for this.

6.3.           NSR is entitled to invoice the Client periodically – per month or after completion of the Work.

6.4.           Payment by the Client must be made within 14 days after the invoice date, in a manner to be specified by NSR and in the currency that has been invoiced.

6.5.           Objections to the amount of an invoice do not suspend the payment obligation.

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6.6.            If the Client fails to pay an invoice on time, the Client will be in default by operation of law he owes an interest to NSR.

6.7.           NSR is entitled to have the payments made by the Client go first of all to reduce the costs,

then to reduce the interest still due and finally to reduce the principal sum and the current interest.

6.7.1.        NSR can, without being in default as a result, refuse an offer for payment if the Client has a different order for the allocation of the payment.

6.7.2.        NSR can refuse full repayment of the principal sum, if this does not include the vacant and current interest and any collection, legal and execution costs are paid.

6.8.           If the Client is in default or omission in the (timely) fulfilment of its payment obligations, then all reasonable costs for obtaining settlement out of court at the expense of the Client.

6.8.1.        The extrajudicial costs are calculated on the basis of what is currently in the Dutch collection practice is common, currently the calculation method according to Voorwerk II Report.

6.8.2.        However, if NSR has incurred higher collection costs that were reasonably necessary, the actual costs incurred will be charged reimbursement costs eligible.

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6.9.           Any legal and execution costs incurred will also be recovered from the Client.

6.10.         The client also owes interest on the collection, legal and execution costs due.

6.11.         The statutory interest rate applies to these General Terms and Conditions. The statutory interest rate is 2.00% on an annual basis non-commercial transactions with private individuals and 8.00% respectively for commercial transactions with companies or government organizations.

6.12.         The interest on an amount due and payable by NSR will be calculated from the moment that the Client is in default until the moment of payment of the full amount due.

Article 7 – Execution Agreement and Delivery Periods

7.1.           NSR is obliged to perform the assigned Work as a good and careful contractor to the best of its knowledge and in accordance with the requirements of good workmanship. All NSR services are performed on the basis of a best efforts obligation unless otherwise agreed in writing.

7.2.           NSR explicitly informs the Client of the information provided by NSR about the working methods of NSR as well as the information about rent and rental of an Object. The information provided is purely informative and does not constitute (legal) advice. NSR advises the Client where necessary, seek independent (legal) advice.

7.3.           NSR offers the Object directly or indirectly to Home seekers on behalf of the Client for whom NSR mediates and to whom NSR a charge a fee.

7.4.           The Client agrees that NSR announces the availability of the Object in the manner that it has selected and that Client cannot claim specific marketing activities.

7.5.           Offering via NSR is no guarantee for finding a (suitable) Home seeker.

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7.6.           NSR determines in principle at its own discretion the way in which it performs the Work. It is true that the Client is free to give further instructions, but NSR is free to assess whether these fit within the assignment given to it and within the way in which it wishes to carry out the assignment as a good and careful company.

7.7.           If and insofar as the proper execution of the Agreement requires, NSR has the right to have certain Work performed by third parties. NSR will exercise due care when engaging third parties.

7.8.           NSR is no longer authorized to offer the Object offered, if there are circumstances that, in NSR ‘s opinion

cause it to no longer be required of her to offer the object. There will be no refund of the

any costs already paid (too much) by the Client.

7.9.           If NSR requires data from the Client for the implementation of the Agreement, the execution period will not start earlier then after the Client has made it available to NSR correctly and completely.

7.10.         If the information required for the implementation of the Agreement is not provided to NSR in time, NSR has the right to suspend the implementation of the Agreement and / or to charge the Client the additional costs resulting from the delay in accordance with the then usual rates. to bring.

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7.11.         NSR is not liable for damage of whatever nature caused by the fact that NSR relied on incorrect and / or incomplete information provided by the Client.

7.12.         If a period has been agreed or specified for the completion of certain activities or for the provision of certain services, this is never a strict deadline. If a term is exceeded, the Client must therefore give NSR written notice of default. NSR must be offered a reasonable period of time to still implement the Agreement.

7.13.         NSR is entitled to execute the Agreement in different phases and to invoice the executed part separately.

7.14.         If the Agreement is executed in phases, NSR can implement those parts that belong to a following phase

suspend until the Client has approved the results of the preceding phase in writing.

7.15.         Due to a change in the Agreement, the originally specified term of implementation can be changed. Client accepts the possibility of changing the Agreement, including the change in the period of execution.

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7.16.         If the Agreement is amended, including an addition, NSR is entitled to first implement it give after approval has been given for this by the person authorized within NSR and the Client has agreed to the price and other conditions stated for the execution, including the then determined time at which the execution will be given. Failure or immediate implementation of the amended Agreement also does not constitute a breach of contract by NSR and is no reason for the Client to terminate the Agreement.

7.17.         Without failing to do so, NSR may refuse a request to amend the Agreement if this could have a qualitative and / or quantitative impact on, for example, the work to be performed or the goods to be delivered in that context.

Article 8 – Responsibilities and Authority of the Client

8.1.           Client must be entitled and authorized to rent out the Object.

8.2.           The Client shall ensure that all data that NSR indicates is necessary or for which the Client

it should reasonably be understood that these are necessary within the framework of applicable legislation and implementing the Agreement, must be provided to NSR in time.

8.3.           Client must before offering the Object and before entering into an Agreement with NSR and a Rental Agreement with Home seeker, have obtained permission / have given knowledge to / have taken cognizance of – insofar as application:

8.3.1.       the mortgage lender (s);

8.3.2.       the relevant municipal authority;

8.3.3.       relevant laws and regulations;

8.3.4.       the insurer (s);

8.3.5.       the association of owners.

8.4.           The Client is obliged to ensure that the Object meets all legal requirements and that – if applicable – all required permits / certificates have been issued. Authorities designated by the government can check the government’s requirements and, if required, issue a certification. NSR does not check whether the Object meets all legal requirements and / or the required permits / certificates have been issued.

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8.5.           NSR expressly does not check whether the Client complies with the above in paragraph 8.1 up to and including paragraph 8.4. If the Client does not comply with the provisions in paragraphs 8.1 to 8.4, NSR cannot be held liable for this.

8.6.           Client has the responsibility to furnish or arrange for a fire-safe home. NSR is not responsible for inadequately installed installations in the building (electricity, internet, central heating, sewerage, water and / or gas pipes) and is also not responsible for the quality of the work of third parties. If the client chooses suppliers of goods or services, NSR is never liable for the quality of the delivered goods or any damage or injury that might result from this.

8.7.           NSR supervises the placement of high-quality safety measures in the home such as, for example, fire extinguisher (s), smoke detectors, fire blanket (s), CO detector, escape ladder (s) and a first aid kit. Costs for these facilities fall under the purchase of household effects and are for the account of the Client.

Article 9 – Complaints

9.1.           Client must submit complaints about the Work performed by NSR within thirty (30) days after discovery or at the latest within

to report in writing to NSR sixty (60) days after completion of the Work in question.

9.2.           The notice of default must contain as detailed a description as possible of the shortcoming or shortcomings, so that NSR is able to respond adequately.

9.3.           Reporting a complaint does not suspend the payment obligation. In that case, the client also remains bound to purchase and payment of the otherwise ordered services, unless it has no independent value.

9.4.           If a complaint is justified, NSR will still perform the Work as agreed, unless this can be demonstrated in the meantime has become meaningless. The latter must be made known to NSR in writing by the Client.

9.5.           If it is established that a complaint is unfounded, then any costs, including the investigation costs, incurred by NSR as a result will be borne in full by the Client.

9.6.           If it is no longer possible or useful to perform the agreed Work, NSR will only be liable within the limits of Article 10.

Article 10 – Limited Liability

10.1.         NSR will perform its Work to the best of its ability, taking into account the care that may be expected by the Client.

10.2.         If NSR is demonstrably liable, then this liability is limited to what is laid down in these General Terms and Conditions.

10.3.         NSR ‘s liability towards the Client is limited to the Work that NSR carries out in the context of an Agreement with the Client.

10.4.         NSR does not accept any liability for damage or personal injury, of any nature whatsoever, that is the result of faulty installations or other potential visible or hidden defects in the property of the homeowner.

– Damage means damage to the property of the homeowner, tenants or third parties who are located in or around the property.

– Personal injury means (serious) physical injury to persons who are in and around the building.

– By installations is meant all electrical installations, gas installations, water and sewage installations including the connected equipment such as cooking appliances and central heating boilers.

10.5.         NSR is not liable for damage to or loss of materials from the Client during storage or transport. Storage and transport of materials from the Client are for the account and risk of the Client.

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10.6.         If NSR is held liable because the Client, Home Seeker or Tenant, has provided NSR with inadvertently or unknowingly incorrect or incomplete information, NSR is not liable for any resulting consequences and damage.

10.7.         Client and Home seeker or Tenant are responsible for the content of a rental agreement and for compliance with the agreements laid down therein. NSR is not liable under any circumstances for the total or partial non-compliance with obligations arising from a lease agreement.

10.8.         The liability of NSR is explicitly excluded for the damage resulting from the temporary nature of a lease with a Renter, being the consequences of an interim cancellation and the like.

10.9.         The client indemnifies NSR against all claims that third parties claim against NSR and exercise to compensate for damage suffered, costs incurred, lost profit and other expenses that are in any way related to and / or ensue from the performance by NSR of the Assignment.

10.10.       NSR is not liable for damage resulting from the shortcomings of third parties and assumes and, if necessary, stipulates that any assignment to NSR includes the authority to accept any liability limitations from third parties also on behalf of the Client.

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10.11.       NSR is only liable vis-à-vis the Client for direct damage which is the direct result of a demonstrable shortcoming attributable to NSR in the performance of the Agreement, if and insofar as the damage is caused by normal professional knowledge and experience and with due observance of normal vigilance and manner of professional activities could have been avoided. Client must have given NSR notice of default in accordance with clause 10.15.

10.12.       Direct damage is exclusively understood to mean:

10.12.1.   The reasonable costs for determining the cause and extent of the damage, insofar as the determination relates to damage under the Agreement between the Client and NSR;

10.12.2.   Any reasonable costs incurred to ensure that NSR’s poor performance complies with the Agreement, insofar as these can be attributed to NSR;

10.12.3.   Reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to the limitation of direct damage as referred to in these General Terms and Conditions.

10.13.       NSR is never liable for indirect and / or consequential damage, including but not limited to loss of profit, business or other types of stagnation, costs, inter alia, arising from any delay, loss of data, exceeding a delivery period, missed savings or financial loss.

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10.14.       The liability of NSR is at all times limited to the Compensation which NSR has received for its Work in the context of the assignment, with a maximum of forty-five hundred euros (€ 4,500.00). For orders that have a longer lead time than six months, the liability is further limited to a maximum of the invoice amount for the last six months. NSR may settle any obligation to compensate for the damage with the unpaid invoices and the resulting interest and costs. NSR is not liable for (legal) persons engaged by NSR on behalf of the Client.

10.15.       The Client is obliged to report this in writing to NSR within two (2) months after the Client has identified an error in the performance of the assignment and the damage risk that may or may not have arisen or could have reasonably signalled this. If this notification is not made or is made too late, NSR is in no way obliged vis-à-vis the Client to undo the damage suffered in a manner that is consistent with and consistent with the content of the assignment and the nature of the Work.

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10.16.       If the information from the Client or Tenant that is stored at NSR or third parties is damaged or destroyed, NSR is not liable for this. This also applies to damage or destruction of the information during transport or dispatch regardless of whether the transport or dispatch has been carried out by or on behalf of NSR or third parties.

10.17.       NSR is not responsible or liable for the tax and any resulting financial obligations that the Client has or could have towards the Tax Authorities and other government departments.

10.18.       The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence on the part of NSR.

Article 11 – Limitation period

11.1.         Contrary to the statutory limitation periods, the limitation period of all claims and defences against NSR and the third parties involved by NSR in the execution of an Agreement is one (1) year after the moment at which the Client became aware or could reasonably have been aware of these claims. and defences.

11.2.         The provisions of paragraph 11.1 do not apply to legal claims and defences that are based on facts that would justify the statement that the delivered item would not comply with the Agreement. Such claims and defences lapse after two (2) years after the Client became known or could reasonably have become aware of these claims and defences.

11.3.         Any liability of NSR and the third parties involved by NSR in the execution of an Agreement will in any event become time-barred after two (2) years after the termination of the Agreement.

Article 12 – Force majeure

12.1.         NSR is not obliged to fulfil any obligation if it is prevented from doing so as a result of a circumstance that is not due to fault and / or based on the Act, a legal act or generally accepted views.

12.2.         In these General Terms and Conditions, force majeure is understood to mean, in addition to what is understood in that area by law and case law, all of external causes, foreseen or unforeseen, over which NSR cannot influence, but as a result of which NSR is unable to fulfil its obligations. to come. Illness or permanent incapacity for work of the person designated by the execution of the assignment are included, as well as disruptions in networks, disruptions in telecommunications, infrastructure and computer intrusion. NSR also has the right to invoke force majeure if the circumstance that prevents (further) fulfilment of the Agreement occurs after NSR should have fulfilled its obligation.

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12.3.         NSR can suspend the obligations under the Agreement during the period that the force majeure continues. If this period lasts longer than two months, then each of the parties is entitled to terminate the Agreement, without obligation to compensate damage to the other party.

12.4.         Insofar as at the time of force majeure NSR partially fulfilled its obligations under the Agreement or will be able to fulfil it, and the part fulfilled or to be fulfilled will have independent value, NSR is entitled to the part already fulfilled or to be fulfilled to be invoiced separately. Client is obliged to pay this invoice as if it were a separate Agreement.

Article 13 – Confidentiality and Data

13.1.         Unless it is required by law, regulation or other mandatory rule, NSR is obliged to maintain confidentiality vis-à-vis third parties with regard to confidential information obtained from Client, Home seeker or Tenant. Information is considered confidential if this is stated by the other party or if this results from the nature of the information.

13.2.         Subject to written permission from the Client or Tenant / Home seeker, NSR is not entitled to use the confidential information that is made available to them for a purpose other than that for which it was obtained. However, an exception is made to this if NSR acts for itself in disciplinary, civil or criminal proceedings where this information may be of interest.

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13.3.         Unless there is any provision of law, regulation or other mandatory rule that obliges the Client to disclose or if prior written permission has been given by NSR, the Client will provide personal data, the content of reports, advice, account statements, correspondence or other expressions, whether or not written in writing. NSR, do not provide or disclose to third parties.

13.4.         Within the framework of the AVG, NSR is legally obliged to draw up a Privacy Statement and to keep a tenant’s register. The privacy statement is part of these Terms and Conditions and available on www.newspacerentals.com

Article 14 – Property and Intellectual Property

14.1.         All goods delivered by NSR in the context of the Agreement remain the property of NSR until the Client has properly fulfilled all obligations arising from the Agreement concluded with NSR.

14.2.         Goods delivered by NSR that fall under the retention of title pursuant to paragraph 14.1 may not be resold and may never be used as a means of payment. The Client is not authorized to pledge or encumber the goods subject to the retention of title in any other way.

14.3.         The Client must always do everything that can reasonably be expected of him to safeguard the property rights of NSR.

14.4.         If third parties seize the goods delivered under retention of title or wish to establish or enforce rights thereon, then the Client is obliged to immediately inform NSR thereof.

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14.5.         Client undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to provide the policy of this insurance to NSR for inspection upon first request. In the event of payment of the insurance, NSR is entitled to these funds. Insofar as necessary, the Client undertakes towards NSR in advance to lend its cooperation to everything that might (prove to be) necessary or desirable in that context.

14.6.         In the event that NSR wishes to exercise its ownership rights referred to in this article, the Client gives unconditional and irrevocable permission in advance to NSR and third parties to be designated by NSR to enter all those places where NSR property is located and to take back those goods.

14.7.         NSR reserves the rights and powers that accrue to it under the Copyright Act and other intellectual laws and regulations.

14.8.         NSR reserves all rights with regard to products arising from the spirit that it uses or has used and / or developed in the context of the performance of the Client’s assignment, insofar as these rights arise from the Law.

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14.9.         The Client is expressly prohibited from directly or indirectly reproducing, publishing and / or exploiting those products, including working methods, advice, models and other spiritual products from NSR, all in the broadest sense of the word. products, explicitly (and recorded in writing) for reproduction, publication and / or exploitation are intended.

14.10.       The Client is not permitted to make aids of those products available to third parties, other than for the purpose of obtaining an expert opinion on the Work of NSR.

14.11.       All provisions in this article are reciprocal: where “NSR” is stated, “Client” can be read and vice versa.

Article 15 – Applicable Law and Disputes

15.1.         All Agreements between the Client and NSR are exclusively governed by Dutch law.

15.2.         Parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.

15.3.         All disputes related to or arising from the interpretation and / or performance of the Agreement, with the exception of disputes that fall under the exclusive jurisdiction of the sub-district court, will be settled by the competent (sub-district) court in the district where the Object is located.

15.4.         If a translation has been provided via NSR of an Agreement drawn up in the Dutch language, of General Terms and Conditions drawn up in the Dutch language or of a text translated from Dutch in general, the provision of the translation, as well as the content or correctness of the translation no rights can be derived.

Article 16 – Indemnity

16.1.         The risk of loss, damage or depreciation passes to the Client at the time when items are brought under the Client’s control.

16.2.         The client indemnifies NSR against any claims from third parties that suffer damage in connection with the implementation of the Agreement and whose cause is attributable to others than NSR.

16.3.         If NSR should be approached by third parties on that basis, the Client is obliged to assist NSR both outside and in court and immediately do everything that may be expected from the Client in that case. If the Client fails to take adequate measures, NSR is entitled to do so itself without notice of default. All costs and damage on the part of NSR and third parties that arise as a result are integrally for the account and risk of the Client.

Article 17 – Location and Explanation of General Terms and Conditions

17.1.         These Terms and Conditions are available on the NSR website (www.newspacerentals.com) and the General Terms and Conditions document is always a signed attachment to an Agreement.

17.2.         The latest version or the version that applied at the time the Agreement was entered into (legal relationship) with NSR always applies.

17.3.         The Dutch text of the Terms and Conditions is always decisive for the interpretation thereof.

Created: September 1, 2019