General Terms and Conditions of Rentbird
Roofmatch International B.V., also trading under the name Rentbird and hereinafter referred to as âRentbird,â is established at Hoofdstraat 170D, 2171BL in Sassenheim, and registered with the Chamber of Commerce under number: 99438836.
CHAPTER 1 â GENERAL
Clause 1. Definitions
1. In these General Terms and Conditions, the following terms shall have the meanings set out below, unless expressly stated otherwise:
General Terms and Conditions: The terms and conditions as set out herein.
Business: The Client, a legal entity or natural person, acting in the exercise of a profession or business (commercial client).
Consumer: The Client, a natural person, not acting in the exercise of a profession or business (private client).
Service: Any service provided by Rentbird for the benefit of the Client.
Distance Service Provision: The Agreement between Rentbird and the Client, whereby, within the framework of a system for distance service provision organised by Rentbird, one or more means of distance communication (such as a website, telephone or other communication tools) are used exclusively when concluding the Agreement.
Client: The party who has accepted these General Terms and Conditions and has instructed Rentbird to perform the Service. The term Client includes both Consumers and Businesses.
Agreement: Any agreement concluded between Rentbird and the Client, aimed at the provision of Services.
Party: Rentbird or the Client, jointly referred to as the âParties.â
Rentbird: Roofmatch International B.V., trading under the name Rentbird, registered with the Chamber of Commerce under number 99438836.
Fee: The financial compensation the Client must pay Rentbird for the performance of the Services.
Clause 2. Applicability of the General Terms and Conditions
1. These General Terms and Conditions apply to every offer, quotation, and Agreement concluded between Rentbird and the Client, as well as to the performance thereof, unless expressly and in writing deviated from by the Parties.
2. These General Terms and Conditions also apply to Agreements with Rentbird in which third parties are engaged for the performance of the Agreement.
3. The applicability of any purchasing or other general terms and conditions of the Client is explicitly rejected.
4. In the event that one or more provisions of these General Terms and Conditions are found to be null and void or voidable, the remainder of the General Terms and Conditions shall remain in full force. Rentbird and the Client shall consult to agree on new provisions to replace the null or voidable provisions.
5. Deviations from the Agreement and from these General Terms and Conditions shall only be valid if agreed in writing and explicitly with Rentbird.
6. In all cases not provided for by these General Terms and Conditions, the Agreement shall be interpreted in the light of these General Terms and Conditions and according to reasonableness and fairness.
Clause 3. Offers and/or Quotations
1. All offers made by Rentbird to the Client in the capacity of Consumer, not being a business, are without obligation, unless a period for acceptance is specified in the offer. If a period for acceptance is specified, the offer expires when this period has elapsed. The offer also expires at the moment Rentbird withdraws the offer.
2. All quotations made by Rentbird to the Client in the capacity of Business, not being a natural person (Consumer), are valid for the period stated in the quotation. The quotation expires when the stated period has elapsed.
3. Rentbird cannot be bound by its offers and/or quotations if the Client, according to standards of reasonableness and fairness and common social practices, should have understood that the offer and/or quotation, or part thereof, contains an obvious mistake or clerical error. In such cases, no Agreement is formed.
4. If the Clientâs acceptance deviates, whether or not on minor points, from the offer included in the offer and/or quotation, Rentbird is not bound by it. In such cases, no Agreement is formed.
5. In the event Rentbird provides the Client with a composite price quotation, Rentbird is not obliged to perform part of the Services corresponding to part of the stated Fee.
6. All offers and/or quotations do not automatically apply to future Agreements.
7. The Client shall treat information from Rentbirdâs offer documents confidentially and may not use it for their own purposes or for the benefit of third parties, nor disclose it to third parties for the purpose of concluding the Agreement.
Clause 4. Formation, Duration, and Termination of the Agreement
1. The Agreement is concluded when the Client has accepted the offer and/or quotation in a timely manner before it has expired.
2. The Agreement may be concluded for a fixed term, unless the nature of the Agreement dictates otherwise or unless the Parties have expressly agreed otherwise in writing.
3. The Agreement may be terminated at any time by mutual consent. In the absence of mutual consent, the Agreement may be unilaterally terminated if the Counterparty is acting in the capacity of a natural person (Consumer). Termination must take place within 14 days after purchase. After this period, it is no longer possible to terminate the Agreement.
4. The Agreement cannot be terminated if the Counterparty is acting in the capacity of a Business, not being a natural person (Consumer).
Clause 5. Amendment of the Agreement
1. If, during the performance of the Agreement, it appears necessary for proper execution to amend or supplement the Agreement, Rentbird shall inform the Client as soon as possible, including any financial consequences. The Parties shall then consult to adjust the Agreement accordingly.
2. Rentbird shall not charge any additional costs if the amendment or supplement to the Agreement is due to circumstances attributable to Rentbird.
3. Amendments or supplements to the original Agreement shall only be valid from the moment these amendments or supplements have been accepted in writing by the Parties.
Clause 6. Fees
1. Fees are expressed in euros, including VAT and other government levies, if the Counterparty is acting as a natural person (Consumer), not being a Business, unless otherwise stated.
2. Fees are expressed in euros, excluding VAT and other government levies, if the Counterparty is acting as a Business, not being a natural person (Consumer), unless otherwise stated.
3. Fees include additional costs such as travel, parking, and shipping expenses, unless otherwise stated.
4. If no explicit Fee has been agreed upon, the Fee will be determined based on the actual hours worked and Rentbirdâs usual hourly rates.
5. Rentbird shall provide the Client in a timely manner, before the conclusion of the Agreement, with a breakdown or information enabling the Client to calculate any additional costs.
Clause 7. Changes to Fees
1. If Rentbird agrees on a fixed Fee at the conclusion of the Agreement, Rentbird is entitled to increase this Fee, even if the Fee was originally agreed without reservation at the time of concluding the Agreement.
2. If Rentbird intends to change the Fee, it shall notify the Client as soon as possible, including the extent of the increase and the date on which the increase will take effect.
3. The Client is entitled to dissolve the Agreement if the Fee increase takes place within three months after concluding the Agreement, unless:
Clause 8. Distance Service Provision: Right of Withdrawal
The following provisions apply only to the Client in the capacity of Consumer.
1. In the case of Distance Service Provision, the Client (Consumer) has certain rights, including the right to withdraw from the Agreement within fourteen days after concluding the Agreement, without giving any reason. Withdrawal from the Agreement means that the Agreement is dissolved, the Client must return what has already been received (within fourteen days after notification of withdrawal), and Rentbird must refund the Fee already paid (within fourteen days after receipt of the withdrawal notification).
2. The right of withdrawal does not apply to:
3. In the case of services where Rentbird performs physical or personal tasks (including but not limited to Rentbird Plus and Rentbird Expat Relocations), the right of withdrawal expires once the Service has been fully performed. For automated services (including Rentbird AI), the right of withdrawal remains fully applicable in accordance with the provisions in paragraphs 1 and 2.
Clause 9. Performance of Services
1. Rentbird shall perform the Services to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
2. Rentbird has the right to have certain tasks performed by third parties. The application of Clauses 7:404, 7:407 paragraph 2, and 7:409 of the Dutch Civil Code (Burgerlijk Wetboek) is expressly excluded.
3. Rentbird undertakes an obligation of best efforts and not an obligation of result. No rights can be derived from this.
4. If the Agreement is executed in phases, Rentbird has the right to invoice each completed part separately and demand payment for it. If and as long as this invoice is not paid by the Client, Rentbird is not obliged to perform the next phase and has the right to suspend the Agreement.
5. The Client shall provide Rentbird in a timely manner with all information, data, instructions, and documents necessary for the performance of the Agreement or which the Client reasonably ought to understand are necessary for the performance of the Agreement.
6. If the aforementioned information, data, instructions, and documents are not provided or not provided on time, Rentbird has the right to suspend the performance of the Agreement. Any additional costs caused by the delay shall be borne by the Client.
7. The Client guarantees the completeness and accuracy of all information provided to Rentbird by or on behalf of the Client.
8.The Client is obliged to inform Rentbird immediately of facts and circumstances, or any changes thereto, that may be relevant to the performance of the Agreement.
Clause 10. Term of Performance
1. The performance of the Services shall take place within a period specified by Rentbird. This period is indicative only and shall never be considered a strict deadline.
2. If Rentbird requires information, data, instructions, or documents from the Client necessary for the performance of the Services, the performance period shall commence only after the Client has provided these to Rentbird.
3. In case of exceeding the performance period, the Client must notify Rentbird in writing of default, granting Rentbird a reasonable period to perform the Services.
4. No notice of default is required if performance has become permanently impossible or if it otherwise appears that Rentbird will not fulfill its obligations under the Agreement. If Rentbird does not perform within this period, the Client has the right to terminate the Agreement without judicial intervention and/or claim damages.
Clause 11. Payment
1. Payment of the Fee shall be made by transfer to a bank account designated by Rentbird, in a manner specified by Rentbird and in the currency invoiced, unless otherwise agreed. Transfers shall be made by invoice or bank transfer.
2. Payment shall be made in advance if the Client acts in the capacity of a natural person (Consumer), not being a Business.
3. Payment shall be made afterwards if the Client acts in the capacity of a Business, not being a natural person (Consumer).
4. Payment afterwards must be made within 14 days after the invoice date.
5. The Fee must be paid timely without deduction, discount, or set-off. If the Client acts in the exercise of a Business, not being a natural person (Consumer), the Client is not entitled to suspend any payment obligation.
6. The Client is not entitled to deduct any amount owed on the grounds of a counterclaim raised by him/her.
7. Objections to the amount of the invoice do not suspend the payment obligation.
8. After 14 days past the invoice date, the Client is in default by operation of law without notice of default. From the moment of default, the Client owes interest of 2% per month on the due amount if acting in the capacity of a Business, not being a Consumer, unless the statutory (commercial) interest is higher. If the Client acts in the capacity of a natural person (Consumer), not being a Business, the statutory interest shall apply.
9. In the event of bankruptcy, suspension of payment, or guardianship of the Client, Rentbirdâs claims and the Clientâs obligations towards Rentbird shall become immediately due and payable.
10. Payments made by the Client shall always first be applied to settle all due interest and costs and subsequently to the oldest outstanding invoices, even if the Client states that the payment relates to a later invoice.
Clause 12. Collection Costs
1. If the Client is in default or fails to fulfil their obligations (on time), all reasonable costs incurred to obtain payment extrajudicially shall be borne by the Client. In the event that the Client acts in the capacity of a Business, not being a natural person (Consumer), these costs amount to 15% of the outstanding amount, with a minimum of EUR 250.
2. As far as the Client acts in the capacity of a Consumer, Rentbird is only entitled to reimbursement of extrajudicial (collection) costs after Rentbird has sent the Client a reminder following the default, requesting payment of the outstanding invoice(s) within fourteen days.
Clause 13. Suspension
1. If the Client fails to perform any obligation under the Agreement, fails to perform it fully, or fails to perform it on time, Rentbird shall be entitled to suspend performance of its obligations corresponding to those of the Client. In the case of partial or improper performance, suspension shall only be permitted insofar as the failure justifies it.
2. In addition, Rentbird is entitled to suspend the performance of its obligations if:
3. In case of suspension, Rentbird retains the right to claim damages.
Clause 14. Termination
1. If the Client fails to perform any obligation under the Agreement, fails to perform it fully, on time, or properly, Rentbird shall be entitled to terminate the Agreement with immediate effect, unless the failure is of such minor importance that termination is not justified.
2. Furthermore, Rentbird is entitled to terminate the Agreement with immediate effect if:
3. Termination of the Agreement shall be effected by written notification to the Client, without judicial intervention.
4. If the Agreement is terminated, all claims of Rentbird against the Client shall become immediately due and payable.
5. If Rentbird terminates the Agreement based on the above grounds, Rentbird shall not be liable for any costs or damages. If the termination is attributable to the Client, the Client shall be liable for any damages suffered by Rentbird.
Clause 15. Force Majeure
1. If Rentbird fails to perform any obligation under the Agreement, either fully, timely, or properly, this constitutes a breach on its part. However, Rentbird cannot be held responsible for such a breach if it is not due to its fault, nor by operation of law, legal act, or generally accepted views in commerce. In such cases, force majeure applies. In the event of force majeure, both Parties are released from the obligation to fulfil their duties under the Agreement.
2. In these General Terms and Conditions, force majeure shall include, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, beyond Rentbirdâs control, which prevent Rentbird from fulfilling its obligations. This includes, but is not limited to, fire, power outages, internet or telecommunications infrastructure failures or disruptions, domestic unrest, cyberattacks, hacking, extreme temperature fluctuations, natural disasters, war, transport blockades, strikes, epidemics and pandemics, lockouts, business disruptions, supply chain delays, flooding. Rentbird also has the right to invoke force majeure if the circumstance preventing (further) performance occurs after Rentbird should have fulfilled its obligations.
3. Both Rentbird and the Client may suspend their obligations under the Agreement, wholly or partially, for the duration of the force majeure situation. If the force majeure is temporary, Rentbird reserves the right to suspend performance for the duration of the force majeure. In case of permanent force majeure (an uninterrupted period of three months), both Parties have the right to terminate the Agreement immediately by written notice, without judicial intervention, without either Party being entitled to any compensation.
3. If at the time force majeure occurs Rentbird has already partially performed its obligations, or is able to perform part of them, and the performed or to-be-performed part has independent value, Rentbird is entitled to invoice separately for the performed or to-be-performed part. The Client shall pay such invoice as if it were a separate Agreement.
4. All the above shall also apply to the Client if force majeure occurs on their side.
Clause 16. Conformity, Inspection Period
1. If, in the opinion of the Client, the Services performed or the Fee are not carried out and/or delivered in accordance with the Agreement, the Client must notify Rentbird in a timely manner. Rentbird will then assess whether the performed Services qualify for possible (partial) repair, (partial) replacement, or a (partial) refund.
2. The Client is obliged to inspect the performed Services at the time of delivery, but in any case within 14 days after delivery.
3. The payment obligation shall not be suspended if the Client notifies Rentbird of the defective service within the stipulated period.
4. If the Client makes a timely complaint, the Client remains obliged to accept and pay for the Services, unless the Services have no independent value.
Clause 17. Damage and Liability
1. Rentbird shall only be liable for direct damage, provided that such direct damage has arisen from Rentbirdâs deliberate recklessness or intent. Direct damage shall be understood exclusively as:
2. Rentbird shall not be liable for indirect damage (including consequential loss, loss of profit, missed savings, business interruption, or immaterial damage to the Client), nor for any damage arising from Rentbird relying on incorrect and/or incomplete information provided by the Client (unless such incorrectness or incompleteness should have been apparent to Rentbird), nor for distortion, destruction, theft or loss of data or documents.
3. If Rentbird is liable for any damage, its liability shall be limited to an amount not exceeding the amount stated on the invoice or the amount payable under Rentbirdâs relevant insurance policy, plus the deductible borne by Rentbird under said insurance.
4. The Client must notify Rentbird of any damage for which Rentbird may be held liable as soon as possible, and in any event within fourteen days after the damage occurs, failing which the right to claim compensation shall lapse.
Clause 18. Indemnification and Limitation Period
1. The Client indemnifies Rentbird against any claims by third parties who suffer damage related to the performance of the Agreement, which is attributable to the Client.
2. If Rentbird is held liable by third parties, the Client is obliged to assist Rentbird both extrajudicially and judicially. All costs and damages incurred by Rentbird and third parties shall be borne by and at the risk of the Client.
3. For all claims against Rentbird and third parties engaged by Rentbird, a limitation period of one year applies, deviating from the statutory limitation periods.
Clause 19. Complaints Procedure
1. If the Client has a complaint regarding the manner in which Rentbird conducts its business activities, the Client may submit a complaint via email.
2. The Client must submit the complaint within one month after becoming aware of the existence of the complaint.
3. Rentbird treats all complaints confidentially.
4. Rentbird will strive to handle the complaint within one month.
Clause 20. Copyright and Intellectual Property Rights
1. Rentbird reserves all rights and powers granted to it under the Copyright Act and other intellectual property laws and regulations.
2. Rentbird retains the right to use any knowledge gained from performing the Agreement for other purposes, provided that no confidential information is disclosed to third parties.
3. The Counterparty may use the account only for purposes for which Rentbird has made the material or the account available, but never for other purposes. The Counterparty is not permitted, even with prior written consent from Rentbird, to disclose, reproduce, copy, make available to third parties, trade, (commercially) exploit, or otherwise distribute the material or the account. The Counterparty is not permitted to create âderivative worksâ by modifying the material and subsequently disclosing, making available, trading, (commercially) exploiting, or otherwise distributing them to third parties.
4. The provisions in Clause 20 paragraph 3 do not apply in the case of a so-called âzoekbuddy accountâ.
Clause 21. Processing of Personal Data
1. In the performance of the Services, Rentbird processes personal data of the Client. In processing personal data, Rentbird acts in accordance with applicable privacy laws and regulations.
2. The personal data provided by the Client to Rentbird will be handled with care and confidentiality. Rentbird will not retain the personal data longer than necessary.
3. Rentbird will use the Clientâs personal data solely and exclusively for necessary specific purposes: in the context of performing the Services or handling a possible complaint.
4. Rentbird is not permitted to lend, rent, sell or disclose the Clientâs personal data in any other way.
5. The Client has several rights, including the right of access, the right to correction, and the right to deletion of the submitted personal data.
6. The Client has the right to file a complaint with the Dutch Data Protection Authority (Autoriteit Persoonsgegevens) regarding his/her personal data. The Authority is obliged to handle this complaint.
Clause 22. Amendment of the General Terms and Conditions
1. Rentbird has the right to unilaterally amend these General Terms and Conditions. Amendments shall also apply to Agreements already concluded.
2. Rentbird will inform the Client of the amendments by email. The amendments will take effect thirty days after the Client has been notified of the changes.
3. If the Client does not agree with the announced changes, the Client has the right to terminate the Agreement, unless Rentbird is willing to perform the Agreement according to the originally applicable General Terms and Conditions.
Clause 23. Applicable Law and Disputes
1. Dutch law exclusively applies to all legal relationships to which Rentbird is a party. This also applies if an obligation is performed wholly or partially abroad or if the Client resides abroad.
2. Disputes between Rentbird and the Client will be submitted exclusively to the competent court in the district where Rentbird is established, unless mandatory law prescribes otherwise.
CHAPTER 2 â RENTBIRD PLUS
The provisions set out in this chapter apply, in addition to the general provisions of Chapter 1 of these General Terms and Conditions, if the Client has chosen the service âRentbird Plusâ. In the event of any conflict between the provisions of Chapter 1 and this chapter, the provisions of this chapter shall prevail.
Clause 24. Power of Attorney
1. Insofar as necessary for the performance of the Services, the Client grants Rentbird a written power of attorney to communicate on behalf of the Client with landlords, brokers, and other involved parties, including but not limited to making binding offers, submitting documents, or confirming viewings.
2. The scope and conditions of this power of attorney are set out in a separate power of attorney document, which forms an integral part of the Agreement.
3. Rentbird shall not be liable for damage arising from acts performed within the scope of the power of attorney, unless such damage is caused by intent or conscious recklessness on the part of Rentbird.
Clause 25. Fair Use
1. The Client agrees to comply with Rentbirdâs Fair Use Policy, as set out in a separate document provided to the Client upon entering into the Agreement.
2. In case of excessive or improper use of the Services, including but not limited to excessive or improper communication towards third parties, viewing requests, or unreasonable refusals of offered properties, Rentbird reserves the right to temporarily limit the Services or terminate the Agreement.
3. Rentbird shall give the Client prior written warning in case of possible unreasonable use
Clause 26. Credit System
1. At the start of the Agreement, the Client receives three (3) credits.
2. One credit is consumed if the Client rejects a property after a viewing without a valid reason. Rejection by the landlord or broker does not result in consumption of a credit. Rentbird shall determine whether a reason for rejection qualifies as âwithout valid reasonâ.
3. If the credits have been used up, the Client may, in consultation with Rentbird, purchase additional credits for a fee to be determined.
4. Credits are strictly personal, non-transferable, and expire upon termination of the Agreement.
Clause 27. Refund Policy
1. Although the Agreement is entered into for a fixed term, the Client may terminate the Agreement prematurely. In such cases, the Client may (in certain cases) receive a partial refund of the Fee. Rentbird applies the following refund policy:
1. Termination within one (1) month after the Agreement has commenced entitles the Client to a 50% refund of the Fee.
2. Termination between one (1) and two (2) months after the Agreement has commenced entitles the Client to a 25% refund of the Fee.
3. After two (2) months, no refund is possible.
2. No refund will be granted if the rental contract has already been signed, or if Rentbird terminates the Agreement due to breach of the Fair Use Policy or other contractual obligations.
3. Requests for refunds must be submitted in writing. Rentbird will proceed with the refund within fourteen (14) days after approval of the request.
Clause 28. Client Obligations and Termination Due to Misconduct
1. The Client is required to act actively and cooperatively in the performance of the Agreement. This includes, but is not limited to, timely submission of documents, being available for consultations, and attending viewings.
2. Rentbird is entitled to immediately terminate the Agreement without refund if the Client:
1. repeatedly fails to respond or responds late;
2. cancels or fails to attend appointments or viewings without a valid reason;
3. provides incorrect or incomplete information;
4. behaves in an improper or disrespectful manner towards Rentbird employees, landlords, brokers, or other third parties.
Clause 29. Exclusion of Liability
1. In the context of its services, Rentbird acts as an intermediary between the Client and external parties, such as landlords and brokers. Rentbird is not liable for damage arising from acts, promises, or negligence of these third parties, unless caused by intent or conscious recklessness on the part of Rentbird.
2. Rentbird does not guarantee that a property will actually be assigned to the Client.