Terms and Conditions
The following terms and conditions apply to the Services as defined in Article 1, and any agreement between the Client and RENTMORE and/or any agreement between the Client and a representative of RENTMORE.
In these terms and conditions, the terms defined in this section have the following given meanings in both their singular and plural forms: “RENTMORE” means B.V.B.A. RENTMORE, with registered offices at Kerselarenlaan 15, 1030 Schaarbeek, with company number 0643.660.821; “Services” means all services provided to the Client by RENTMORE (both directly and indirectly, as an agent and not as an agent); “Tenant” means any Client who signs a Lease; “Lease” means any rental agreement concluded by the Client whereby RENTMORE acts as the agent of the owner of the property in question; “Client” means any recipient of Services and/or any Tenant and/or Affiliated Company, including any person whom RENTMORE may reasonably assume acts with the authority or knowledge of the recipient of the Services; “Affiliated Company” means any company, association or organisation in which the majority of shares or voting rights are directly or indirectly owned by the Client;
By signing a Lease, the Client explicitly declares that he has read, understood and accepted the following terms and conditions. RENTMORE reserves the right to add additional general and/or specific terms within each Service and each Lease. The offers and contract proposals made by RENTMORE are valid for 30 days after the date of sending unless stated otherwise. Any order or assignment for the provision of Services and the rental of real estate will only become final after signing the Lease, except if RENTMORE has started the actual provision of Services. All offers and proposals of a Lease are drawn up on the basis of information provided by the Client. If the information provided by the Client is incomplete and/or incorrect, RENTMORE reserves the right to draw up a complementary offer or proposal or to consider the Lease terminated at the expense of the Client.
RENTMORE is entitled to call upon subcontractors, agents, and sub-agents to provide Services without the written permission of the Client. Any delivery time stated in RENTMORE’s or the Client’s documents and correspondence is non-binding and is only valid as an indication. The parties agree that the Client cannot, under any circumstances, claim RENTMORE’s non-compliance with a delivery time for the purpose of obtaining damages or termination/cancellation of the Lease. The parties expressly agree that RENTMORE is not bound by any commitment or may terminate the Services and/or Lease if the Client fails to fulfil their commitments, in particular, payment obligations, or if changes are made to the Services to be provided during the delivery period.
Except as otherwise stipulated in writing between parties, all invoices are payable in cash at RENTMORE’s registered offices. Amendments to the payment terms are only allowed upon explicit and written agreement. When paying by cheque or other commercial document, the payment will only be recognized on the effective date of collection. The Client agrees to pay all fees, costs, taxes, and charges as long as they are related to the Services and/or the Lease and to the payments made by the Client relating to the Services and/or the Lease. All overdue and unpaid amounts are subject to contractual late charges from the due date and without prior notice at a 15% annual interest rate. In addition, the amount due will be increased automatically and without prior notice by a contractual fine of 15% of the amount due, with a minimum of 125.00 EUR, regardless of any legal and/or collection costs, which includes the totality of lawyer fees and expenses. Non-payment, even in part, leads to the obligation to pay all amounts not yet due without any formality or summons. In the event that the Lease is terminated and/or discontinued at the expense of the Client (both judicial and extrajudicial), the latter shall pay RENTMORE, in full and without prior notice, compensation equal to three months of the rental price valid at the time of the termination/cancellation.
ACCEPTANCE / RECOVERY
Claims on invoices or complaints relating to the Services and/or complaints relating to the Lease can only be considered if they are sent by registered letter to RENTMORE within eight days after receipt of the invoice or the delivery of Services and insofar as they are described accurately and in detail. The submission of a claim or complaint does not relieve the Client of any payment obligations. The Client therefore expressly renounces any possible appeal for reason of non-compliance.
TRANSFER OF RENTAL / SUBLETTING
The Client is forbidden to transfer their rights to the rented property or part of the rented property, or to sublet it or part thereof, without the prior written consent of RENTMORE.
LIABILITY / INDEMNITY
In no event shall RENTMORE be responsible for third party obligations arising out of business and/or Leases negotiated by RENTMORE or entered into as an agent. The liability of RENTMORE, its employees or representatives towards the Client is limited to the amount of compensation paid to RENTMORE in the performance of the Services and/or the Lease, regardless of the legal basis on which RENTMORE’s liability is based. In no event shall RENTMORE or its employees or representatives be liable (either contractually or for any unlawful act) for any indirect or consequential damages, including (but not limited to) the loss of sales or profits. The parties agree that RENTMORE is not obligated to guarantee or assist the Client if a third party brings an action against the Client resulting directly or indirectly from the Services and/or the Lease, regardless of the legal basis of such action. Without prejudice to the legally binding provisions in this matter, the Client shall indemnify RENTMORE, its workers, representatives, directors, shareholders, subcontractors and sub-agents and hold them harmless from any and all liability, action, costs and expenses, including the costs and reasonable lawyers’ fees resulting from or relating to (i) the Services, the Leases or the performance of the Leases or (ii) any information or data provided by the Client.
A fortuitous event and/or a case of force majeure gives RENTMORE the right to either fully or partially terminate the Lease without any notice period or cancellation fee, or the right to suspend the provision of Services and/or the Lease. Where applicable, RENTMORE cannot be held liable for non-performance of its obligations or for any damage that the Client may suffer as a consequence.
Without prejudice to the right to compensation and the provisions of Article 3, RENTMORE is entitled to terminate the agreement at any time, even if it has already been partially executed, by registered letter, automatically and without prior formal notice, or to require additional guarantees: • In case of bankruptcy, liquidation or serious impairment of the Client’s creditworthiness; • In case the Client fails to comply with their obligations under the Lease, the Services, and these conditions, in particular under Article 4.
APPLICABLE LAW AND COMPETENCE
Only Belgian law applies to these conditions, the Lease, any agreement between the parties and to the Services, as well as the legal consequences that arise therefrom. All disputes between parties fall under the exclusive jurisdiction of the Belgian Courts and in particular, the courts of the judicial district of Leuven.
The nullity of any provision of these conditions shall not affect the validity and/or binding nature of the other provisions and shall not, therefore, result in their nullity. In case of a sale of the company, shares, business or part of the Client’s business, the Client will ensure that the agreement between parties is executed by the third party buyer without modification. A change of directors, management or shareholders of RENTMORE does not affect the Services, the Lease or any other agreement between the parties. These terms, which take precedence over any other terms from Client, may only be amended by a written agreement, duly signed by RENTMORE and the Client.