Article 1 — Definitions
1.1 Stay Vastgoed: The trade name under which Stay Vastgoed operates.
1.2 Client / Consumer: Any natural or legal person making use of the services of Stay Vastgoed. Where these terms refer to 'client', consumers within the meaning of Article 6:230g of the Dutch Civil Code are also included.
1.3 Services: All work and activities carried out by Stay Vastgoed, including but not limited to: registrations, mediation, letting, property management and related services.
1.4 Subscription: The paid registration service whereby the consumer pays a periodic fee for access to property listings and notifications from Stay Vastgoed.
1.5 Withdrawal Period: The statutory cooling-off period of 14 calendar days within which the consumer may cancel the subscription without stating a reason.
Article 2 — Applicability
2.1 These general terms and conditions apply to every offer, quotation, registration and agreement with Stay Vastgoed.
2.2 Deviations from these terms are only valid if agreed in writing or electronically.
2.3 In the event of conflict between these terms and mandatory statutory consumer protection provisions, the statutory provisions shall prevail.
Article 3 — Offers and Agreements
3.1 All offers and quotations are non-binding and valid for 30 days, unless otherwise stated.
3.2 An agreement is concluded once the client accepts a quotation, registration or agreement in writing or digitally.
Article 3A — Online Registration and Electronic Acceptance
3A.1 Agreements may be concluded electronically via the Stay Vastgoed website.
3A.2 By ticking the agreement checkbox and completing a registration or application, the client explicitly agrees to these general terms and conditions.
3A.3 An electronic acceptance has the same legal validity as a written signature.
3A.4 When taking out a paid subscription via the website, the consumer is clearly informed before completing the order of: (a) the total price including VAT, (b) the duration and cancellation options of the subscription, and (c) the payment method. The order button explicitly states that the consumer is entering into a payment obligation.
Article 4 — Rates and Payments
4.1 Unless otherwise agreed, all rates are exclusive of VAT and other government levies.
4.2 Payment of invoices must be made within 14 days of the invoice date, unless otherwise agreed.
4.3 In the event of non-payment, Stay Vastgoed is entitled to charge statutory interest and collection costs.
Article 4A — Subscription, Automatic Payments and Cancellation
4A.1 The paid registration service of Stay Vastgoed is a subscription that automatically renews for the chosen period (quarterly or annually), unless the consumer cancels in time in accordance with Article 4A.5.
4A.2 If the client makes use of paid services via the Stay Vastgoed website, payment is made via an online payment provider, including Stripe. The consumer explicitly grants permission for this upon taking out the subscription. Collection takes place periodically on the day corresponding to the start date of the subscription.
4A.3 The consumer will receive a payment confirmation by email before each automatic collection.
4A.4 If an automatic collection cannot be executed, Stay Vastgoed will notify the consumer by email. The consumer remains unconditionally obliged to make timely payment. Stay Vastgoed reserves the right to suspend access to the service in the event of non-payment.
4A.5 Cancellation of the subscription: The consumer may cancel the subscription at any time via their personal account on the website (My account > Subscription > Cancel) or by email to info@stayvastgoed.nl. Cancellation will be confirmed by email within 2 working days at the latest. Upon cancellation, the subscription continues until the end of the current billing period. No refund will be given for already paid instalments, unless withdrawal as referred to in Article 4B applies.
4A.6 Stay Vastgoed confirms every cancellation in writing by email, stating the end date of the subscription.
Article 4B — Right of Withdrawal (Cooling-off Period)
4B.1 The consumer has the right to withdraw from the agreement within 14 calendar days of taking out the subscription without stating a reason (cooling-off period), in accordance with Article 6:230o of the Dutch Civil Code.
4B.2 To exercise the right of withdrawal, the consumer may send an email to info@stayvastgoed.nl stating that they wish to exercise the right of withdrawal, or use the model withdrawal form included as an annex to these terms.
4B.3 Stay Vastgoed will confirm receipt of the withdrawal statement by email and will refund the amount paid within 14 days of receipt via the original payment method.
4B.4 If the consumer has explicitly requested that the service commence during the cooling-off period, Stay Vastgoed is entitled to charge a proportional part of the subscription price for the services already delivered up to the moment of withdrawal.
Article 5 — Obligations of the Client
5.1 The client shall ensure that all information necessary for the performance of the agreement is provided in a timely, complete and truthful manner.
5.2 The client warrants the accuracy of the information provided and indemnifies Stay Vastgoed against claims from third parties arising from incorrect or incomplete information.
Article 5A — Registration and Housing Availability
5A.1 Registration with Stay Vastgoed does not guarantee obtaining a property.
5A.2 Allocation of housing is subject to availability, selection criteria and approval by the landlord or owner.
5A.3 Stay Vastgoed reserves the right to refuse, terminate or not process registrations if reasonable grounds exist for doing so.
Article 6 — Liability
6.1 Stay Vastgoed is liable for direct damage that is the direct result of an attributable shortcoming in the performance of the agreement.
6.2 In business relationships, the liability of Stay Vastgoed is limited to the amount paid out by the liability insurer, plus any applicable excess. In the absence of a pay-out, liability is limited to the fee paid by the client in the 3 months preceding the damage-causing event.
6.3 Stay Vastgoed is not liable towards business clients for indirect damage, including consequential damage, loss of profit or missed savings. Towards consumers, the statutory liability rules apply in full.
6.4 The limitations in this article do not apply in cases of intent or wilful recklessness by Stay Vastgoed or its management.
Article 7 — Force Majeure
7.1 Stay Vastgoed is not obliged to fulfil any obligation if there is a case of force majeure.
7.2 Force majeure means any circumstance independent of the will of Stay Vastgoed that temporarily or permanently prevents performance.
Article 8 — Confidentiality
8.1 Both parties are obliged to maintain confidentiality of all confidential information obtained in the context of the agreement.
8.2 Information is considered confidential if communicated as such by one of the parties or if this follows from the nature of the information.
Article 8A — Processing and Disclosure of Personal Data
8A.1 Stay Vastgoed processes personal data in accordance with the General Data Protection Regulation (GDPR).
8A.2 If the client enters into a rental agreement via or with the mediation of Stay Vastgoed, the client consents to relevant personal data being provided to third parties insofar as this is necessary for the performance of management and letting tasks.
8A.3 Third parties include: landlords, property owners, homeowners' associations, maintenance parties, financial service providers, municipalities and other parties involved in the agreement.
8A.4 Personal data is only shared for the purpose for which it was provided and will not be retained longer than necessary.
Article 8B — Privacy Statement
8B.1 Further information on the processing of personal data is included in the privacy statement of Stay Vastgoed, as published on the website.
8B.2 By agreeing to these general terms and conditions, the client declares to have taken note of the privacy statement.
Article 9 — Complaints and Contact
9.1 Complaints about the service or subscription can be submitted via info@stayvastgoed.nl. Stay Vastgoed aims to respond to complaints within 5 working days.
9.2 If a complaint is not resolved satisfactorily, the consumer may submit the dispute to the competent court or use the European ODR platform (ec.europa.eu/odr).
Article 10 — Applicable Law and Disputes
10.1 Dutch law applies to all legal relationships with Stay Vastgoed.
10.2 Disputes are preferably resolved by mutual consultation. If this is not possible, disputes will be submitted to the competent court in the district where Stay Vastgoed is established.
10.3 Consumers may also apply to the court of their own place of residence.
Article 11 — Amendments
11.1 Stay Vastgoed reserves the right to amend these general terms and conditions. Amendments will be published on the website at least 30 days before they take effect and will be communicated by email to subscribers. Continued use of the service after the effective date constitutes acceptance of the amended terms.