Terms of use

Article 1: Definitions

1.1 'Provider': a natural person or legal entity who posts one or more properties on the Website, either as a Landlord or with the permission of the Landlord;

1.2 'Subscription': the agreement concerning the use of the Website that comes into existence between Home Seeker and Huurwoningen when the Home Seeker has created a Premium account, as further described in these terms of use and on the Website;

1.3 'Subscription Fee': the amount that must be paid monthly for a Premium account, as determined by Huurwoningen from time to time. Changes in the Subscription Fee do not affect ongoing Subscriptions;

1.4 'Advertisement': an advertisement in which living space is offered by the Provider and which is visible on the Website;

1.5 'Basic Account': the free account type of Huurwoningen that allows a Home Seeker to search for living space on the Website and sign up for a personalized or non-personalized newsletter with the latest housing offer, but cannot respond to Advertisements;

1.6 'User': the natural person or legal entity that uses the Website;

1.7 'Huurwoningen': the private company with limited liability TreeHouse B.V., based in Rotterdam (Chamber of Commerce number 24426419; VAT number NL818785974.B01). Where Huurwoningen is mentioned in these terms of use, it also refers to other trade names used by TreeHouse B.V.;

1.8 'Login Details': the information that provides access to a Basic or Premium account;

1.9 'Material': information provided by or on behalf of a Provider about a living space offered for rent on the Website;

1.10 'Abuse': the misuse of the (functionalities of) the Website, as further indicated in article 10.1;

1.11 'Premium Account': The paid Subscription of Huurwoningen, allowing you as a Home Seeker to respond directly to Advertisements by contacting the Providers. Home Seekers with a Premium Account are also referred to as 'Premium members';

1.12 'In Writing': this means in writing and also by email and – in the case of communication by Home Seeker – via the contact form on the Website;

1.13 'Landlord': a natural person or legal entity authorized to rent out properties displayed on Huurwoningen;

1.14 'Website': the website with at least the domain name Huurwoningen.nl or Huurwoningen.com;

1.15 'Home Seeker': any natural person or legal entity who registers on the Website with a Basic or Premium account. In these terms, the Home Seeker is also addressed as 'you'.

Article 2: Applicability

These terms of use apply to the use of the Website and all Basic or Premium accounts. Before creating a Basic or Premium account, Huurwoningen will notify you of the applicable terms of use at that time. You can always download a copy of these terms of use and save it on your computer.

Article 3: Function of the Website

3.1 Huurwoningen offers a platform on the Website where Providers can offer rental living space through Advertisements and where Home Seekers can

(i) search for rental properties,

(ii) create a profile of the living space they are looking for, and

(iii) access the full details of the Providers with a Premium account, allowing them to contact Providers directly if desired.

3.2 Huurwoningen merely provides a 'bulletin board function' which allows Home Seekers to contact Providers without the intervention of Huurwoningen. Home Seekers and Providers can independently contact each other outside of the Website and negotiate the terms of a potential rental agreement. The Website may offer the functionality to initiate first contact through an automated web form sent directly to the Provider without the involvement of Huurwoningen. You understand that Huurwoningen has no role in that first and further contact with the Provider and is not involved in whether agreements between Home Seekers and Providers are concluded.

3.3 You understand and accept that obtaining a Premium account does not necessarily mean you will find living space.

3.4 Advertisements on Huurwoningen are posted by or on behalf of Providers of living space. Huurwoningen is not responsible for their content and cannot guarantee that the living space is actually available or that the information in the Advertisement is correct and complete. If you encounter an Advertisement at any time that you know or suspect is not accurate, correct and/or complete, we ask you to report this as soon as possible via the contact form on our website or via info@huurwoningen.nl. We will then contact the relevant Provider to investigate further.

Article 4: Establishment of the Subscription, accounts

4.1 The Subscription between you and Huurwoningen for a Premium account is established after you have registered via the Website.

4.2 You are fully responsible for

(i) using a strong, unique password for access to the Basic or Premium account,

(ii) regularly refreshing the password,

(iii) keeping the Login Details confidential, and

(iv) preventing unauthorized persons from accessing the Login Details by ensuring that the device you use to log in to the Basic or Premium account is sufficiently secure. If you suspect or know that the Login Details are known to an unauthorized third party, you should immediately change your password. You are responsible for what happens via the Basic or Premium account, even if it is used by an unauthorized third party.

4.3 You will do everything to prevent your account from being hacked and make sure that each device you use to log in to your account is sufficiently secure.

4.4 If Huurwoningen suspects an unauthorized third party has accessed or can access your account, Huurwoningen has the option to immediately block access to the account.

4.5 If you suspect an unauthorized third party has accessed or can access your account, for example, because you have been hacked or phished, you must immediately inform Huurwoningen and have your hardware and software systems examined by a specialist who declares in writing to Huurwoningen that everything is safe again. Upon receipt of this declaration, Huurwoningen can unblock the account.

Article 5: Costs

5.1 A Basic account is free.

5.2 The Subscription Fee for the Premium account is displayed on the Website. The Subscription Fee will be charged monthly via a direct debit. More information about the payment can be found in article 8 of these terms. To verify the payment method, €0.01 is collected. This cent is not refunded, even if the Premium account is terminated within the trial period.

5.3 If you have not had a Premium account in the last 12 months, you can use the Premium account for 7 days for free. After that, you pay the monthly Subscription Fee. More information about termination, renewal, and cancellation of your Subscription can be found in article 7 of these terms of use.

5.4 If you have had a Premium account in the last 12 months, the Subscription will start immediately, and your Premium account will be automatically renewed monthly unless you cancel your Subscription before the first day of a new subscription month.

Article 6: Right of Withdrawal

6.1 If you have not had a Premium account in the last 12 months, you have a period of 14 days from the time you register for a Premium account within which you can cancel your Subscription free of charge and without giving any reason.

6.2 If you have had a Premium account in the past 12 months, you can cancel the Subscription within the statutory period without giving reasons by exercising the right of withdrawal. When canceling the Subscription, the Subscription costs will be proportionally divided over the days you had a Premium account. The overpaid Subscription fees will be refunded to the bank account number you provided at registration no later than 14 days after your cancellation.

6.3 You can easily exercise the right of withdrawal by sending us the withdrawal form within the statutory period from your registration for the Premium account (but this is not obligatory) or otherwise contacting us to let us know that you wish to exercise your right of withdrawal. Once your Subscription is canceled, you will receive confirmation by email.

Article 7: Duration and Cancellation

7.1 If you are entitled to a free trial period (see Article 5.3), your Premium Account will automatically be renewed for the agreed Subscription term after the trial period ends, unless you inform us by the last day of the trial period that you wish to cancel your Subscription. After the agreed term ends, the Subscription will be renewed for the term we have agreed upon. If no specific term has been agreed, the Subscription will be automatically renewed each time for one month, unless you cancel it before the first day of the new term. After signing up, you can view the end date of your current Subscription term under ‘Account’ > ‘Subscription’. If you are logged in, the following link will take you directly to your Subscription;

7.2 If you are not entitled to the free trial period (see Article 5.4), your Premium Account will start immediately for the agreed term. After the agreed term ends, the Subscription will be renewed for the term we have agreed upon. If no specific term has been agreed, the Subscription will automatically be renewed each time for one month, unless you cancel it before the first day of that month.

7.3 Naturally, your Subscription will not be renewed if you have exercised your right of withdrawal (see Article 6).

7.4 You can cancel your Premium Account online via your account by going to ‘Mijn Huurwoningen’ > ‘Account’ > ‘Subscription’, or by contacting us in another way. Once your Subscription has been cancelled, no further Subscription Fees will be deducted from the bank account you provided (in accordance with Article 6.2).

Article 8: Payments

8.1 The Subscription fee is collected by Huurwoningen via direct debit. You have agreed on the Website to the automatic collection of the due Subscription fee. Unless otherwise specified, Huurwoningen will debit the Subscription fee during the current month. You must ensure that the balance on the bank account number you provided is sufficient to cover the Subscription fee.

8.2 If the payment of the Subscription fee cannot be made on the indicated day via direct debit, Huurwoningen has the right to charge statutory interest from the due date until full payment, without prior warning or notice of default.

8.3 If the payment of the Subscription fee cannot be made on the indicated day via direct debit, Huurwoningen has the right to terminate the agreement without further notice of default. You will still owe the Subscription fee for the period you could use the Premium account.

Article 9: Laws and Regulations

The Home Seeker and Provider must comply with all applicable laws and regulations when using the Website and entering into agreements that may result from it. Without prejudice to the foregoing, they declare to be aware of the relevant local laws and/or regulations, such as those concerning housing and room agency services.

Article 10: Misuse of the Website

10.1 Misuse of the Website is prohibited. Misuse includes, but is not limited to:

(a) Using the Website for actions or behaviours that violate the law, the rights of others, public order, or good morals, such as:

Infringing intellectual property or other rights of third parties;

Making misleading or otherwise unlawful statements;

Distributing legally prohibited material;

Bypassing or removing security from parts of the Website;

Defrauding other Users;

Improperly acquiring data from other Users;

Harassing other Users. (b) Using the Website to send (large-scale) unsolicited emails or other communications; (c) Approaching other Users for commercial purposes, in any capacity (except normal contact through the Website); (d) Using software or tools in any form to extract data from the Website for commercial purposes ("screen scraping"); (e) Using software or tools in any form that can hinder, obstruct, or harm the Website and/or the information placed on it; (f) Causing inconvenience or disruptions, including executing or coordinating denial-of-service attacks or controlling malicious software, such as viruses or spyware; (g) Copying, modifying, distributing, "reverse-engineering", decompiling, or otherwise exploiting (information available through) the Website without prior written permission from Huurwoningen, except as legally permitted; (h) Acting in violation of these terms of use, including the conditions for Providers.

10.2 If misuse by a Home Seeker occurs, Huurwoningen can terminate their Subscription immediately and block the Basic or Premium account, informing the Home Seeker by email.

10.3 In the event of Misuse by a Provider, Huurwoningen is entitled to impose an immediate fine of €100 (one hundred euros) per instance of Misuse without any further notice. The Misuse of personal data, photos, or other Materials counts as a single offense. This is without prejudice to Huurwoningen's right to take further legal action against the Provider (such as terminating the agreement with the Provider and blocking their account) and to claim compensation for damages resulting from the Misuse by the Provider.

10.4 Acquisition through Advertisements from private Providers is not permitted. Upon detection, Huurwoningen may terminate the agreement immediately.

10.5 If criminal offences are discovered, Huurwoningen may file a report, in which case Huurwoningen is entitled to provide the name, address, IP address and other identifying data of the person concerned to the police and the judiciary. In addition, Huurwoningen reserves the right to provide this type of data to a third party if a third party complains about an infringement of their rights or otherwise unlawful conduct by a User, and (a) the correctness of that complaint is sufficiently plausible and it is sufficiently plausible that the third party may suffer damage, (b) there is no other way to obtain this data and (c) the third party has a clear interest in the release of the data and is (legally) authorised to receive this data.

10.6 Huurwoningen may recover all damage resulting from the Abuse from the person concerned.

Article 11: Liability

11.1 Huurwoningen is not liable for any damage suffered by the User due to:

(a) Incorrect information on the Website. All information on the Website is subject to spelling or typographical errors. Providers are responsible for the content they post via the Website, and Huurwoningen does not verify its accuracy. In case of doubts about the correctness of the content or if inaccuracies are found, contact the individual who provided the information (usually the Provider);

(b) Technical failures or other circumstances that may cause the Website to be (temporarily) unavailable or not fully accessible;

11.2 Huurwoningenis not involved in the actual contacts between Home Seekers and Providers nor in the agreements they conclude. Huurwoningen has no control over the quality, safety, legality, or correctness of the Advertisement, the legal capacity or authority of (a) Providers to offer Advertisements, (b) Landlords to rent out properties, or (c) home seekers to engage in renting. Huurwoningen is in no way liable for the conclusion or non-conclusion of a potential rental agreement or the manner of its execution.

11.3 If and to the extent Huurwoningen is liable for any damage suffered by a Home Seeker, Provider, or other User, the total liability of Huurwoningen (including any obligation to refund the Subscription Fee) will never exceed (a) the Subscription Fee received from that Home Seeker or (b) €150 (one hundred and fifty euros), whichever is higher.

11.4 The Website contains references to third-party websites (e.g., through hyperlinks or banners). Huurwoningen has no control over the content of these websites and cannot be held liable for it in any way. Huurwoningen is not responsible for the content of services and/or information provided by third parties that are offered via the Huurwoningen website.

11.5 Huurwoningen is not liable for damage to a User caused by another User, such as when an unauthorized third party gains access to an account and thereby defrauds or misleads another User.

11.6 Huurwoningen excludes liability for Users who are consumers, to the extent that it is not deemed unreasonably burdensome.

11.7 The User indemnifies and holds Huurwoningen harmless against all costs, fines, settlement amounts, and other damages incurred by Huurwoningen in connection with claims brought by other Users and any third parties, such as regulators, resulting from the User's actions and/or omissions or otherwise attributable to the User. Examples include claims related to posting content that infringes third-party intellectual property rights, posting a home on the Website without authorization from the Landlord, fines for insufficiently securing account access, or failing to report unauthorized access in a timely manner, and claims by Users due to fraud or deception by a Provider. If Huurwoningen receives a claim from a third party, the indemnifying User shall, at its own expense and at Huurwoningen’s request, defend against the claim, both in and out of court.

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13.1 If, after the Subscription is concluded, you require a deviation from or addition to any provision of these terms and conditions, you can submit a request to us in writing.

13.2 If any provision of these terms and conditions requires the consent of Huurwoningen, it will only be considered granted if provided in writing.

13.3 Consent given by Huurwoningen is one-time and does not apply to other or subsequent instances. Huurwoningen is entitled to attach conditions to its consent.

Article 14: Interim Termination, Default

14.1 Without prejudice to any other rights of Huurwoningen under these Terms of Use and the law (including the right to performance and any rights to terminate the Subscription), Huurwoningen has the right to terminate or dissolve your Subscription with immediate effect without further notice, at its discretion, via a written notice if you:

(a) Fail to pay the Subscription fees owed by the specified dates;

(b) Fail to comply with any other provision of these Terms of Use;

(d) File for suspension of payments and/or request admission to the Debt Restructuring Act for Natural Persons;

(e) Lose free disposal of your assets or part thereof;

(f) Are declared bankrupt;

(g) Offer a settlement outside bankruptcy or if your goods are seized;

(h) Pass away;

(i) If the Home Seeker is not a natural person, lose its legal personality, is dissolved, or is liquidated;

(j) Use the Subscription for purposes other than intended (e.g., personal acquisition or commercial purposes).

14.2 Huurwoningen reserves the right to discontinue the Website entirely. All Basic and Premium accounts will be terminated in such a case. Any prepaid amounts for Premium accounts will be refunded proportionally.

14.3 These terms of use do not affect Huurwoningen's ability to terminate the agreement based on legal grounds.

Article 15: Intellectual Property Rights

15.1 All intellectual property rights related to the Website and the content placed on it by or on behalf of Huurwoningen are exclusively owned by Huurwoningen and/or its suppliers. Huurwoningen reserves all rights related to the Website and its content.

15.2 Intellectual property rights include, but are not limited to, all copyrights, patent rights, trademark rights, trade name rights, database rights (sui generis or otherwise), (unregistered community) design rights, domain names, and other claims in the Netherlands or elsewhere, related to the Website and Huurwoningen in general, including know-how and business secrets.

15.3 The data available through the Website, and particularly the property listings, are protected by Huurwoningen’s database rights. This means that no one is allowed to request and reuse a substantial part of these property listings and/or to repeatedly and systematically request and reuse non-substantial parts of the database content with Advertisements, in the sense of the Database Act, unless it meets the exception for personal use (which is never the case for commercial reuse and/or requests).

Article 16: General Provisions

16.1 By creating (or having someone create) an account on the Website, the User guarantees they are authorised to act on their own behalf and enter into a legally valid agreement. If acting on behalf of an organisation, the User guarantees they are authorised to represent that organisation.

16.2 Any permission granted by Huurwoningen is one-time and does not apply to other or subsequent instances. Huurwoningen reserves the right to attach conditions to its permission.

16.3 Huurwoningen may amend these terms of use in part or in whole. Amendments will take effect once the User uses the Website and/or Huurwoningen's (online) services after the amendment, whichever occurs first. Business Users with an account will be notified of changes by email at least 15 days before they take effect. These Users can cancel their account and terminate the agreement before the amendment's effective date. Termination takes effect within 15 days of Huurwoningen receiving the notice. However, if the User places or has placed an Advertisement during this period, they are deemed to have waived their right to termination.

16.4 Huurwoningen’s failure to enforce any provision of these terms of use does not constitute a waiver of its right to enforce that provision at a later date and/or against another User.

16.5 If one or more provisions of these terms of use are deemed invalid in any way (e.g. void, voidable, or otherwise invalid), this does not affect the validity of the remaining provisions. Huurwoningen will replace the invalid provision as soon as possible with a valid one that closely resembles the original intent.

16.7 In addition to these terms of use, the terms and conditions for Providers also apply to the use of the Website by Providers.

Article 17: Applicable Law and Jurisdiction

17.1 The use of the Website, the agreement with the User, these terms of use, including the terms and conditions for tenants, and all legal relationships arising therefrom, are governed by Dutch law.

17.2 The court in Amsterdam has exclusive jurisdiction to hear disputes in the first instance. If the User acts as a consumer (a natural person not acting in the exercise of a profession or business), they have the option, within one month after Huurwoningen invokes the jurisdiction of the Amsterdam court, to choose for the dispute to be settled by the legally competent court.

These conditions are applicable from 17 August 2021.