Terms and conditions

Swan Short Stay provides its services to its landlord and the following general terms and conditions apply.

Contractor: Swan Short Stay, a sole proprietorship established in Tilburg, owned by and legally represented by Martijn Zwaan, registered with the Dutch Chamber of Commerce under number 63682508;
Client: the (legal) person who assigns the Contractor to perform services;
Parties: the Contractor and the Client jointly;
Services: both the mediation for the conclusion of one or more “all-inclusive” lease agreement(s) between the Client and tenant(s), as well as other services related to the management of the all-inclusive rental;
Agreement: the agreement (of assignment) for mediation and management entered into between the Contractor and the Client by email with regard to the performance of services;
General Terms and Conditions: these provisions, including the definitions set out in this article;
“All-inclusive” lease agreement: a lease agreement under which a fully equipped property is rented, with the rent including gas, water, electricity, television and internet subscription;
Fully equipped property: a property that is fully furnished and upholstered and includes all movable items (white goods, microwave, cookware, cutlery, etc.) required for comfortable living. In these general terms and conditions, the term “property” always refers to a fully equipped property;
The Foundation: Stichting Swan Client Funds

These general terms and conditions apply to all quotations, agreements, verbal arrangements, emails, apps, text messages and activities of the Contractor. They also apply to all deliveries and services of any kind arising from the agreement, unless expressly agreed otherwise in writing by the Parties.
The Contractor is not bound by any general terms and conditions of the Client, which are hereby expressly rejected.
Situations not covered by these general terms and conditions, or where ambiguity exists, shall be assessed in accordance with the spirit and purpose of these general terms and conditions.

The agreement is concluded as soon as the Client accepts the offer of the Contractor, whether in writing, verbally, by email or digitally.
The Contractor reserves the right to refuse an assignment without stating reasons.

The agreement is entered into for an indefinite period, unless otherwise agreed in writing.
Either party may terminate the agreement in writing, subject to a notice period of one month.
If either party culpably fails to fulfil the agreement, the other party is entitled to terminate the agreement with immediate effect, without any obligation to pay compensation.

The Contractor shall perform the assignment with due care and to the best of its knowledge and ability.
The Contractor shall make every effort to find a suitable tenant and shall reasonably safeguard the interests of the Client.

The Client is obliged to provide the Contractor in a timely manner with all data and information necessary for the proper performance of the agreement.
The Client guarantees that the property meets all (legal) requirements and is suitable for rental.

All fees are exclusive of VAT, unless stated otherwise.
Payment must be made within 14 days of the invoice date, unless agreed otherwise.
In the event of late payment, the Client shall be in default by operation of law and statutory interest shall be due.

The Contractor is entitled to engage third parties in the performance of the agreement.
The Contractor is not liable for errors or shortcomings of these third parties.

The Contractor shall only be liable for direct damage resulting from intent or gross negligence.
The Contractor shall never be liable for indirect damage, such as consequential damage, loss of profit or missed savings.

Force majeure means any circumstance beyond the control of the Contractor which makes performance of the agreement reasonably impossible.
In the event of force majeure, obligations shall be suspended for the duration of the force majeure situation.

The Parties are obliged to maintain confidentiality regarding all confidential information obtained from each other in the context of the agreement.

All intellectual property rights relating to the services provided shall remain vested in the Contractor, unless otherwise agreed in writing.

Complaints regarding the performance of the agreement must be reported in writing within 14 days of discovery.
The Contractor shall make every effort to handle complaints as quickly as possible.

All agreements between the Contractor and the Client shall be governed by Dutch law.

All disputes arising from the agreement shall be submitted to the competent court in the district where the Contractor is established.

The Contractor reserves the right to amend or supplement these general terms and conditions.
Amendments shall also apply to existing agreements, subject to a period of 30 days after notification.

If one or more provisions of these general terms and conditions are found to be null or void, the remaining provisions shall remain fully in force.
The Parties shall consult to agree on a replacement provision that most closely reflects the purpose and intent of the original provision.