Terms and Conditions of Hire
Terms and Conditions of Hire
General Terms and Conditions applicable to the letting of holiday homes
Article 1
These general terms and conditions govern the relationship between the landlords of furnished properties, Immo Olivier Schepens BV, and the tenants.
Article 2
The agreement between the landlord and the estate agent consists of a contract for services, namely the letting of the property and the search for a tenant. To this end, the estate agent may put up signs and posters, provided that the deed of ownership or the building’s internal regulations do not prohibit this. The following tasks are also included: welcoming the tenant and checking the meters (for the specified periods) for the consumption of water, gas, electricity and heating. The estate agent’s duties do not include drawing up or checking the inventory, nor preparing a condition report for a property, unless a separate agreement with a separate fee has been concluded. The estate agency does, however, undertake to assist the tenants when they move into and out of the rented property and to carry out a check on the cleanliness of the premises, open windows, any clearly visible damage, etc. However, the agency cannot be held liable for such damage. If a tenant is found, the estate agency also acts as the landlord’s agent. The mandate comprises the following legal acts: letting the holiday home, handing over and collecting the keys to the holiday home, collecting the rent in the manner described in Article 7, collecting the security deposit to cover the tenant’s obligations as set out in Article 8. These acts are carried out in the name and on behalf of the landlord. Where the agency does not disclose the landlord’s name, the rules regarding commission shall apply.
Article 3
The mandate granted to the estate agency is exclusive. The duration of the exclusive mandate is always specified in writing. This covers the periods designated by the agency for letting. Should a double letting occur due to the landlord’s negligence, the tenant found by the agency shall have priority. If the owner or their acquaintances refuse to vacate the property, the owner shall bear the additional costs associated with finding another rental property that is at least as comfortable, as well as the agency’s commission. If the owner fails to pay these, they will be deducted from the next rental payment.
Article 4
The landlord may not, either personally or through a third party, negotiate with the tenant—who was introduced by the estate agent—with a view to entering into new tenancy agreements, for a period of 5 years from the end of the mandate given to the estate agent. Should the landlord nevertheless do so, the commission on any tenancies concluded shall remain payable. Furthermore, a lump-sum compensation payment of 200 euros shall be claimed.
Article 5
The estate agency may arrange for the cleaning, repair and replacement of items necessary for the undisturbed and normal use of the property. The estate agency may deduct these costs from the sums due to the landlord. If the normal use of the property cannot be guaranteed, the estate agency may decide to rehouse the tenant in another property without being liable to pay compensation to the landlord.
Article 6
The estate agent will transfer the rent to the landlord within 21 calendar days of the end of the tenancy period.
Article 7
The holiday home can only be booked by paying a deposit. This deposit amounts to 50% of the total rental price and must be paid within one week of booking. The balance of the rental price and any additional costs must be paid by bank transfer 15 days before the start date of the tenancy, or in cash on the start date of the tenancy period.
Article 8
A security deposit must also be paid on the agreed payment date. The deposit will be refunded within 21 calendar days of vacating the property and following an inspection by a member of staff from the agency. If it subsequently transpires that damage was caused during the tenancy period, the tenant may be required to pay compensation for such damage. This applies up to two months after the end date of the tenancy period. The agency cannot be held liable for any damage caused by the tenant.
Article 9
The tenant shall not be liable for any compensation (neither an advance payment, nor the difference in rental income, nor commission) if the let property cannot be occupied due to the death of a member of their household. This also applies if the tenant or a member of their family were to suddenly fall seriously ill. The latter is subject to written confirmation from a specialist doctor (a GP is not accepted). The agency does, however, have the right to claim or retain the rent already paid. Should the tenant themselves die, their heirs are under no obligation to make any payment. If the tenant gives notice for any reason whatsoever, even without cause, the landlord may only hold the tenant responsible for this. The agency cannot be held responsible for loss of rent and will not intervene in any matter relating to compensation that may be due.
In the event of cancellation or if the tenant fails to pay the balance on time, the estate agent shall be entitled to re-let the property. If this does in fact happen, the original tenant will be required to pay the estate agent the difference in rental income plus a commission of 20% on the re-letting. If the property cannot be re-let, the tenant will remain liable to the landlord for the full balance.
The tenant is required to take out their own cancellation insurance for the tenancy period
In the event of cancellation, he will forfeit the deposit or rent already paid
Article 10
In the event of a double booking attributable to the estate agent, the estate agent shall refund the sums paid to the tenant, plus a lump-sum compensation of 75.00 euros.
Article 11
The tenant requires the written consent of the landlord or the estate agent to sublet the property or to keep pets in the property. Should it transpire that the tenant has brought a pet into the rented property in breach of the ban, a flat-rate sum of €100 will be deducted from the security deposit.
Article 12
The tenant must use the let property with due care. This means, amongst other things, that items forming part of the household furnishings must not be moved, that the house rules must be observed, that the tenant must clean the property on leaving (in the event of “failure to do so”, the costs of cleaning will be deducted from the security deposit) and that any damage must be reported immediately to the estate agency. The number of people permitted to occupy the property is determined either by the number of beds or by formal specification.
Article 13
The tenant must take out insurance for the rented property to cover fire, glass breakage and water damage. This can be arranged through their estate agent.
Article 14
In properties where an inventory exists, the tenant is required to check that it is accurate and to submit any comments in writing within 24 hours. The same applies to the cleanliness of the property or any comments regarding damage to property.
Article 15
To enable the property to be let again, the tenant must not remove the signs and posters and must allow the estate agent to visit the property daily from 10 am to 12 noon and from 2 pm to 6 pm, without the need for an appointment.
Article 16
Keys may only be collected and returned at the estate agency during its opening hours. The rental period runs from 3.00 pm (on the day of arrival) to 10.00 am (on the day of departure). Unless otherwise stated, the agency will read the water, electricity, gas and/or heating meters on arrival and departure and deduct the cost of consumption from the security deposit.
Article 17
Bed linen, sheets, tablecloths, tea towels and towels are not provided.
Article 18
The regulations require every resident to purchase household refuse bags from the local authority. These are available for purchase at the town hall and at our agency at the official price.
Article 19
Smoking is strictly prohibited in the holiday home(s).
Article 20
In accordance with Article 30 of the Code of Conduct of the BIV (Professional Institute of Estate Agents), the estate agent shall add to the rent stated by the landlord the commission payable to the estate agent by the tenant.
The estate agent shall always state clearly in all its advertisements and publications which services and supplies are included in the rent payable by the tenant.
Article 21
Payment of a deposit implies unconditional acceptance of the terms and conditions set out herein.