GENERAL TERMS AND CONDITIONS FOR CLIENTS

PROPS REAL ESTATE

CHAPTER 1: GENERAL

Article 1. Definitions

1.1. In these general terms and conditions, the terms written with an initial capital letter are used in the following meaning, unless expressly stated otherwise or if the context otherwise requires:

Company: The legal entity or the natural person acting in the exercise of his profession or his business;

Consumer: The natural person who is not acting in the exercise of his profession or business;

Client: The natural person or legal entity that has entered into or wishes to enter into an Agreement with Propsvastgoed;

Agreement: The agreement between Propsvastgoed and the Client for rental mediation or for rental mediation and management;

Parties: The Client and Propsvastgoed jointly;

Propsvastgoed: The user of these general terms and conditions:

Propsvastgoed, located at Donkere Spaarne 18 in Haarlem, registered with the Chamber of Commerce under Chamber of Commerce number 34107572

Written: In writing or by email;

Means of access: Keys, access codes, access passes and other means of access that provide access to the Living Space;

Work: Any work within the meaning of the Copyright Act that Propsvastgoed has produced and/or made available to the Client in the context of the Agreement;

Living space: The living space to which the Agreement relates.

1.2. Unless the context otherwise requires, defined terms used in the singular also refer to the plural and vice versa.

Article 2. General

2.1. These general terms and conditions apply to every offer from Propsvastgoed regarding rental mediation and management and to all Agreements.

2.2. Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing between the Parties.

2.3. The applicability of any purchasing or other conditions of the Client being a Company is expressly rejected.

2.4. If these general terms and conditions have once been applicable to a legal relationship between Propsvastgoed and the Client, the Client is deemed to have agreed in advance to the applicability of these general terms and conditions to subsequently concluded and to be concluded Agreements. Therefore, these general terms and conditions also apply to subsequent orders.

2.5. If one or more of the provisions in these general terms and conditions are null and void or are annulled, the other provisions of these general terms and conditions will remain fully applicable. The null and void or annulled provisions will be replaced by Propsvastgoed, whereby the purpose and scope of the original provision(s) will be taken into account as much as possible.

2.6. If Propsvastgoed does not always demand strict compliance with these general terms and conditions, this does not mean that the provisions thereof do not apply or that Propsvastgoed would in any way lose the right to demand strict compliance with the provisions of these general terms and conditions in other cases.

2.7. Propsvastgoed has the right to amend the general terms and conditions and to declare the amended general terms and conditions applicable to the existing Agreement. The Client will be notified in writing of the amended general terms and conditions at least 2 months prior to the entry into force. If the amendment concerns a major amendment to the detriment of the Client, the Client may terminate the Agreement on the day on which the new general terms and conditions enter into force.

Article 3. Offer

3.1. Every offer from Propsvastgoed is without obligation.

3.2. Obvious errors or mistakes on the Propsvastgoed website or in (digital) documents or publications of Propsvastgoed do not bind Propsvastgoed.

3.3. The rates stated do not automatically apply to future Agreements.

Article 4. Formation of the Agreement

4.1. The Agreement is concluded at the moment that Propsvastgoed and the Client have signed the (digital) order for the provision of services.

Article 5. Execution of the Agreement by Propsvastgoed

5.1. All obligations of Propsvastgoed arising from the Agreement are

best efforts obligations.

5.2. Propsvastgoed will perform the work to the best of its ability and as a diligent professional. However, Propsvastgoed cannot guarantee the achievement of any intended result.

5.3. Propsvastgoed has the right to engage one or more third parties in the performance of the Agreement without notifying the Client.

5.4. If Propsvastgoed requires certain data from the Client for the execution of the Agreement, Propsvastgoed will commence the execution of the Agreement after this data has been received.

Article 6. Terms

6.1. In the event that a term has been agreed between Propsvastgoed and the Client in connection with the execution of the work, this term shall only apply approximately. A stated term shall not be regarded as a fatal term. If Propsvastgoed does not execute the work within a stated or agreed term, the Client shall send Propsvastgoed a written notice of default in which Propsvastgoed is given a reasonable term to still comply.

Article 7. Obligations of the Client

7.1. The Client shall ensure that all data and documents which Propsvastgoed indicates are necessary or which the Client should reasonably understand are necessary for the performance of the Agreement, are provided to Propsvastgoed in a timely manner.

7.2. The Client is obliged to inform Propsvastgoed without delay about facts and circumstances that may be important in connection with the performance of the Agreement.

7.3. Propsvastgoed assumes that the Client will comply with all its obligations arising from laws and regulations. This also applies to laws and regulations that come into effect after the conclusion of the Agreement.

7.4. It remains the responsibility of the Client at all times to comply with relevant laws and regulations, including those relating to owning and renting out a home.

7.5. If the Residential Space is sold by the Client, the Client must inform Propsvastgoed thereof as soon as possible. In such a case, the Parties will make agreements with each other regarding the termination of the Agreement.

7.6. The Client shall indemnify Propsvastgoed against any claims by third parties, including a tenant, who suffer damage in connection with the performance of the Agreement and which is attributable to the Client.

Article 8. Means of access

8.1. The Client is responsible for making the information available in a timely manner.

Means of access.

8.2. Propsvastgoed handles the Access Means made available with care.

8.3. In the event of loss or theft of the Access Means, Propsvastgoed will inform the Client of this as soon as possible. Propsvastgoed is not liable for any damage resulting from this, such as damage due to theft of goods or damage to goods. The Client is responsible for properly insuring his property.

8.4. After the notification referred to in Article 8.3, the Client is obliged to immediately ensure, at its own expense and risk, that the locks and/or access systems are replaced and to make new means of access available to Propsvastgoed.

8.5. If Access Means change, the Client must provide Propsvastgoed with the new Access Means as soon as possible.

Article 9. Invoices and payment

9.1. Invoices will be sent to the Client by email.

9.2. The Client must pay invoices received from Propsvastgoed within 14 days of the invoice date.

9.3. Payment must be made without discount or settlement.

9.4. If the Client fails to pay on time, the Client will immediately be in default. The Client, being a Company, will owe interest on the amount due from the moment of default of 1% per month, whereby a part of a month will be counted as a whole month, unless the statutory interest for commercial transactions is higher. In such a case, the statutory interest for commercial transactions will be charged to the Client, being a Company. The Client, being a Consumer, will owe the statutory interest for consumer transactions on the amount due from the moment of default. In addition, all costs of collection, both judicial and extrajudicial, will be borne by the Client. The extrajudicial collection costs for the Client, being a Company, will be set at 15% of the principal sum with a minimum of € 150. For the Client, being a Consumer, the extrajudicial collection costs will be set in accordance with the Debt Collection Costs Act.

9.5. In the event of liquidation, bankruptcy, attachment or suspension of payment of the Client, Propsvastgoed's claims on the Client shall be immediately due and payable.

9.6. Any payment by the Client shall first be used to pay the interest due and then to pay the costs of collection. Only after these amounts have been paid shall any payment by the Client be used to pay the outstanding principal.9.7. Propsvastgoed may retain the items, data, documents, etc. received or generated in the context of the Agreement, despite an existing obligation to surrender them, until the Client has paid all amounts due to Propsvastgoed.

9.8. Objections to the amount of the invoice must be submitted to Propsvastgoed in writing within [period] after the invoice date. An objection to the amount of the invoice does not suspend the payment obligation.

Article 10. Tariff change

10.1. Propsvastgoed has the right to adjust its rates annually, for example based on inflation. The Client will be notified in writing at least 3 months prior to the effective date of a rate change and of the effective date.

10.2. If the Client does not agree with the rate change, the Client may terminate the Agreement.

Article 11. Liability and limitation

11.1. Propsvastgoed cannot be held liable for any damage that is a direct or indirect consequence of:

a. An event that is in fact beyond his control and therefore cannot be attributed to his actions and/or omissions, as described in article 13.1 of these general terms and conditions;

b. Any act or omission of the Client.

11.2. The Client guarantees the soundness and completeness of the data and documents made available to Propsvastgoed. Propsvastgoed is not liable for damage caused by incompleteness or deficiencies in the information provided by or on behalf of the Client.

11.3. The Client is responsible for the decisions he makes, whether or not based on advice from Propsvastgoed.

11.4. Propsvastgoed is not liable for mutilation or loss of data as a result of sending the data using telecommunications facilities.

11.5. Propsvastgoed is not liable for damage caused by the tenant or a third party.

11.6. Propsvastgoed is not liable for damage to the Living Space or to items located in, on or around the Living Space, unless this damage is caused by intent or deliberate recklessness on the part of Propsvastgoed.

11.7. Propsvastgoed is never liable for indirect damage or consequential damage, including lost profit, lost rental income, refunds to a tenant, damage to reputation, lost savings, labor costs and imposed fines.

11.8. If Propsvastgoed is liable for any damage or if an above-mentioned limitation of liability is not permitted or is declared inapplicable by a court, then the liability of Propsvastgoed is limited to the amount of the payment made by the insurer of Propsvastgoed. If the insurer in any case does not make a payment, the damage is not covered by the insurance or Propsvastgoed is not insured for the damage, then the liability of Propsvastgoed is at all times limited to the invoice amount charged to the Client for the work to which the liability relates, with a maximum of the basic rent for 3 months of the Residential Space.

11.9. Any legal action against Propsvastgoed due to a defect in the performance of the Agreement shall expire after 1 year after the Client discovered the damage or could reasonably have discovered it.

Article 12. Suspension and termination

12.1. Propsvastgoed is authorized to suspend the performance of the Agreement if the Client fails to fulfill one or more of its obligations towards Propsvastgoed. The Client will be notified of such suspension by means of a Written statement.12.2. Propsvastgoed is authorized to terminate the Agreement by means of a Written statement without owing any compensation to the Client, if:

a. In the opinion of Propsvastgoed, there is a serious disruption of the relationship between the Parties;

b. It appears that the Client has provided Propsvastgoed with incorrect information when entering into the Agreement, which is of such a nature that, if Propsvastgoed had been aware of this information, the Agreement would not have been concluded or would not have been concluded under the same terms.

conditions would have been concluded;

c. The Client fails to meet its (payment) obligations towards Propsvastgoed and the Client has failed to respond to a notice of default sent in which the Client was given a reasonable period to still meet its obligations. If compliance is permanently impossible, a notice of default may be omitted;

d. The Client requests a suspension of payments or this is granted to the Client

is granted, the Client is declared bankrupt or a request to that effect is made

filed, the Client is unable to pay his debts, the Client is placed under guardianship or the Client is placed under administration

asked.

Article 13. Force Majeure

13.1. Propsvastgoed is not obliged to fulfil one or more obligations under the Agreement if it is prevented from doing so as a result of force majeure. Force majeure is understood to mean, among other things: a non-attributable shortcoming of an engaged third party, the temporary unavailability or inadequacy of hardware, software and/or internet or other telecommunication connections that are necessary for the performance of the Agreement, extreme weather conditions, government measures, power failure, war, threat of war, riots, terrorism, fire, theft, data loss as a result of computer failure, virus infection or computer hacking by a third party, cyber attack, epidemics, pandemic, quarantine obligation, illness or personal (family) circumstances of the natural person who performs or must perform the Agreement on behalf of Propsvastgoed,

changes in legislation and/or regulations, as well as any other situation over which Propsvastgoed cannot exercise (decisive) control.

13.2. In the event of force majeure, Propsvastgoed will be released from its obligation to perform the agreed work for the time being. It will depend on the circumstances of the case whether that will be and remain the case in whole or in part, or whether there will only be a suspension of performance.

13.3. If there is a force majeure situation on the part of Propsvastgoed, Propsvastgoed will inform the Client of this as soon as possible.

Article 14. Complaints

14.1. Complaints about the work carried out must be made known to Propsvastgoed in writing by the Client without delay, in any case within [period] after completion of the work to which the complaint relates.

14.2. After submitting the complaint, the Client must give Propsvastgoed the opportunity to investigate the validity of the complaint and, if necessary, give it the opportunity to still perform the agreed work. The fact that Propsvastgoed proceeds to investigate the complaint does not imply that Propsvastgoed acknowledges that the work performed is defective.

Article 15. Copyright

15.1. The copyrights to the Work are held by Propsvastgoed or its licensor. No copyrights are transferred by making the Work available.

15.2. The Client has the right to use the Work solely in the context of the

Agreement.

15.3. The Client must respect the copyrights of Propsvastgoed and its licensor at all times.

Article 16. Integrity, confidentiality and processing of personal data

16.1. The Parties shall act with integrity towards each other. Therefore, the Parties shall, among other things:

a. To treat each other with respect;

b. Not to perform any actions that lead to a conflict of interest;

c. Confidential information that they receive from each other or from others in the context of their Agreement.

have obtained from another source to keep it confidential. Information is considered confidential if

this has been communicated by the other party or if this arises from the nature of the

information. The party receiving confidential information will only use it

for the purpose for which it was provided.

16.2. If Propsvastgoed is required by law or a court order to provide confidential information to a third party designated by law or the competent court and Propsvastgoed cannot invoke a legal right of refusal or a right of refusal recognized or permitted by the competent court, Propsvastgoed will not be liable for damages.

16.3. Propsvastgoed processes personal data in accordance with its privacy statement on its website, see

Article 17. Transfer

17.1. The Client is not permitted to transfer its rights and obligations arising from the Agreement to a third party without the prior written consent of Propsvastgoed.

Article 18. Applicable law and competent court

18.1. Dutch law applies to every Agreement between Propsvastgoed and the Client.

18.2. All disputes concerning Agreements between the Client and Propsvastgoed will be submitted to the competent court in the district where Propsvastgoed is established. The Client, being a Consumer, has 1 month after Propsvastgoed has invoked this clause in writing against the Client, to choose to have the dispute settled by the competent court according to the law.

CHAPTER 2: RENTAL AGENCY

The provisions included in this Chapter 2 “Rental Mediation” apply to the rental mediation activities that Propsvastgoed carries out on behalf of the Client, without prejudice to the applicability of the other provisions of these general terms and conditions.

Article 19. Duration, termination and cancellation of the Agreement

19.1. The Agreement is entered into for an indefinite period.

19.2. The Agreement may be terminated at any time by either Party.

19.3. Termination must be made in writing.

19.4. The Agreement shall terminate by operation of law without notice being required at the time that Propsvastgoed has completed the rental mediation.

Article 20. Obligations of the Client

20.1. The Client declares that he is authorised to offer the Residential Space for rent and to enter into the rental agreements and to have all required permissions and permits (such as, but certainly not limited to, permission from the VVE, a mortgage provider and a permit from the municipality).

20.2. The Client must immediately check a draft lease agreement sent by Propsvastgoed and notify Propsvastgoed in writing of his approval or any desired adjustments within [period] after receipt of the draft lease agreement.

20.3. The Client is responsible for:

a. The payment of taxes in connection with the rental amounts received;

b. Informing third parties, such as an insurer, homeowners' association or mortgage provider, that the

Living space is rented out;

c. Making the energy label of the Living Space available to the tenant.

20.4. The Client guarantees that the Residential Space meets all requirements imposed by laws and regulations, such as those relating to safety and health.

20.5. The Client guarantees that the Living Space is available during the rental agreement.

20.6. The lease agreement is drawn up based on, among other things, the agreements desired by the Client, such as agreements regarding term, rent and advance(s). Propsvastgoed is not responsible for the consequences of these agreements, including an appeal to rent protection by the tenant or if the tenant starts a case with the Rent Assessment Committee.

20.7. If the Client has also commissioned another party to

rental mediation, the Client must notify Propsvastgoed thereof in writing. Without this notification, the assignment for rental mediation is granted exclusively to Propsvastgoed. The assignment to offer the Residential Space for rent on the website www.pararius.nl is at all times granted exclusively to Propsvastgoed.

20.8. If the Client, without the intervention of Propsvastgoed, is negotiating with a potential tenant regarding the rental of the Residential Space or if the Client, without the intervention of Propsvastgoed, has rented out the Residential Space, the Client must inform Propsvastgoed thereof without delay.

20.9. If the Residential Space is no longer available for rental, the Client must inform Propsvastgoed thereof without delay.

Article 21. Permits

21.1. The activities of Propsvastgoed do not include applying for permits or permissions for rental.

21.2. If a rental permit ends, Propsvastgoed can never be held responsible for this.

Article 22. Position of Propsvastgoed

22.1. Propsvastgoed is not the tenant's contractual party in the lease. The Client is the landlord and the tenant's contractual party. If, in addition to rental mediation, Propsvastgoed also provides financial management of the Residential Property to which the lease relates and Propsvastgoed, as financial manager, signs the lease, Propsvastgoed signs the lease on behalf of the Client and Propsvastgoed is then also not the tenant's contractual party.

Article 23. Brokerage and collection of amounts on behalf of the Client

23.1. If:

a. Due to the actions of Propsvastgoed, a rental agreement has been concluded between the Client and a tenant with regard to the Residential Space; or

b. A tenant, through Propsvastgoed, makes a down payment in connection with the rent of the

Living space has been paid for and the Client has given his approval for the

If the Client rents the Residential Space to the Tenant, the Client shall owe the brokerage fee to Propsvastgoed.

23.2. The brokerage fee remains due if:

a. After the signing of the rental agreement, the rental agreement is dissolved or terminated due to the actions of the Client;

b. The Residential Property may not be rented out due to the lack of a permit;

c. The tenant after payment of the deposit and the approval of the Client

to rent the Living Space to this tenant does not rent the Living Space;

d. The tenant cancels the rental agreement after signing it.

23.3. If Article 23.2 sub c. applies, the tenant remains liable to pay the deposit to the Client as compensation for the lost rental income.

23.4. If Article 23.2 sub d. applies, the tenant will remain liable to pay the Client 1 month's basic rent as compensation for the rental income lost by the Client.

23.5. Propsvastgoed collects the down payment, the first installment payment (less the down payment) and the security deposit on behalf of the Client.

23.6. If the tenant has paid a deposit to Propsvastgoed and the Client has not given his consent to renting the Living Space to this tenant, the deposit will be refunded to the tenant by Propsvastgoed on behalf of the Client.

23.7. The brokerage fee owed by the Client to Propsvastgoed will be offset against the down payment and the first installment payment that Propsvastgoed collects from the tenant on behalf of the Client.

23.8. The brokerage fee is also due if the rental agreement regarding the Residential Property is concluded after the Agreement has been terminated due to the actions of the Client and this rental agreement has been concluded as a result of the services provided by Propsvastgoed and the obligation to pay the full brokerage fee is reasonable given the circumstances of the case.

23.9. If the brokerage fee is due, but cannot be settled in accordance with Article 23.7, Propsvastgoed will send the Client an invoice for the brokerage fee.

Article 24. Liability

24.1. If the activities of Propsvastgoed do not lead to a rental agreement, Propsvastgoed is not liable for this.

24.2. Propsvastgoed is not liable for vacancy of the Residential Space.

24.3. If the rental of the Residential Space is in conflict with laws or regulations or if the Client is not authorised to rent out the Residential Space, Propsvastgoed shall not be liable for any damage, including imposed fines or other sanctions, suffered by the Client as a result.

24.4. If Propsvastgoed, on behalf of the Client, includes a specific agreement in the rental agreement, such as regarding the rental price, which deviates from the advice of Propsvastgoed, Propsvastgoed is not liable for the consequences of such an agreement.

24.5. If a tenant submits a request to the Rent Assessment Committee, Propsvastgoed is not liable for the consequences, such as the obligation of the Client to repay certain amounts to a tenant or a reduction in the rent.

24.6. Propsvastgoed is not liable for any consequences of changes in legislation and/or regulations, for example in the area of permits.

24.7. Propsvastgoed is not liable for the consequences of actions by the tenant of the Living Space. Propsvastgoed is not liable for the manner in which the tenant, after signing the lease agreement, fulfils his obligations as a tenant. Propsvastgoed is not liable for lost rental amounts or interest or other damage suffered by the Client because the tenant does not pay the rent or does not pay it on time.

Article 25. Indemnification

25.1. The Client shall indemnify Propsvastgoed against all claims from third parties, including governments and tenants, relating to the Residential Space offered by the Client and the lease agreement that the Client has concluded with or without the intervention of Propsvastgoed. This indemnity entails that the Client, at the request of Propsvastgoed, shall assume or support the defense in legal and other proceedings in which Propsvastgoed is involved by third parties and that the Client shall reimburse all damages and costs related to such claims from third parties.

25.2. The Client shall indemnify Propsvastgoed against claims by third parties relating to intellectual property rights on materials or data provided by the Client, which are used in the performance of the Agreement.

CHAPTER 3: MANAGEMENT

The provisions contained in this Chapter 3 “Management” apply to the

management activities that Propsvastgoed carries out on behalf of the Client, without prejudice to the applicability of the other provisions of these general terms and conditions.

Article 26. Duration

26.1. The Agreement is entered into for an indefinite period with a minimum term of 6 months.

26.2. After the minimum term has expired, the Agreement may be terminated in writing at any time.

26.3. After the end of the Agreement, Propsvastgoed shall, at the request of the Client, provide the Client with all (digital) documents concerning the Residential Space that Propsvastgoed has at its disposal. Such a request must be submitted within [period] after the end of the Agreement.

Article 27. Management

27.1. Technical management is only offered in combination with financial management.

27.2. Technical management does not include carrying out periodic inspections in the

Residential space within the framework of the Opium Act, unless the Client has expressly given Propsvastgoed the assignment for this and this assignment has been accepted by Propsvastgoed. For such an assignment, a fee per inspection will be charged to the Client.

27.3. If the Client purchases the technical management, a portal will be made available to the tenant on which the tenant can report a defect or malfunction to Propsvastgoed.

27.4. If the tenant does not pay on time, Propsvastgoed will send the tenant a reminder. If the tenant does not pay within the term stated in the reminder, Propsvastgoed will send the tenant a notice. If the tenant does not respond to the notice, Propsvastgoed and the Client will consult with each other to determine whether and which further collection measures will be taken. The costs incurred as a result of a failure by the tenant will be borne by the Client, but will be recovered from the tenant to the extent possible.

Article 28. Carrying out work and emergency situations

28.1. Propsvastgoed is authorised to have maintenance work carried out on the Residential Space at the expense and risk of the Client without the Client's permission, up to an amount of €250 excluding VAT (= €302.50 including VAT).

28.2. In the event of an emergency, Propsvastgoed is authorised, even without prior order or prior consent from the Client and also if the costs are higher than those stated in Article 28.1, to carry out or have carried out, at the expense and risk of the Client, emergency measures or urgent repairs for the Residential Space that are necessary to limit the damage to the Client as much as possible or to guarantee safety as much as possible.

28.3. If Propsvastgoed has to carry out management work outside Propsvastgoed's office hours due to an emergency, Propsvastgoed has the right to charge the Client additional costs.

Article 29. Costs of work by executing parties

29.1. Cost estimates provided by Propsvastgoed from executing parties are estimates of the costs of the work of executing parties and cannot be regarded as a fixed price, unless expressly stated otherwise. Although an attempt is made to provide an estimate that is as accurate as possible, no rights can be derived from a cost estimate provided.

29.2. Propsvastgoed is not liable if a cost estimate provided by an executing party does not correspond with the actual costs of the executing party.

29.3. The invoicing dates for the costs for executing parties will be communicated to the Client in writing in advance.