Introduction

Steunpunt Huren operates under an agreement that sets forth the terms between the tenant and Steunpunt Huren. This helps us avoid ambiguities and enables us to assist you, the tenant, as effectively as possible. We therefore ask tenants to read and sign the service agreement at the time we begin providing them with (legal) assistance.

SERVICE AGREEMENT

THE UNDERSIGNED:

Stichting Steunpunt Huren Groningen, registered in the Commercial Register under number 84209232, with its registered office in Groningen (hereinafter referred to as: “Steunpunt Huren”)

AND

The person requesting Steunpunt Huren’s services via its web form (hereinafter referred to as: “tenant”)

DECLARE THAT THEY HAVE AGREED TO THE FOLLOWING:

Article 1 – Agreement

Steunpunt Huren and the tenant agree that Steunpunt Huren will assist the tenant to the best of its ability in the (legal) dispute with the other party.

Article 2 – Authorization

1. The Tenant authorizes Steunpunt Huren to take all actions, both in and out of court, on behalf of the Tenant that Steunpunt Huren deems useful, necessary, or essential to protect the Tenant’s interests, expressly including the initiation of one or more proceedings before the Rent Commission.

2. The tenant shall endeavor to provide Steunpunt Huren with as complete and accurate an account as possible of the facts pertaining to the dispute in which Steunpunt Huren acts as the tenant’s representative. The tenant is obligated to present the relevant facts and/or circumstances truthfully and in full. The tenant shall not assert any facts and/or circumstances that the tenant knows to be incorrect or that cannot be correct.

3. Steunpunt Huren expressly reserves the right to terminate the engagement agreement if Steunpunt Huren determines that—using the means at its disposal—a sufficient result has been achieved, even if the tenant wishes to employ further means to achieve a different or additional result, regarding the dispute for which this tenant originally and initially contacted Steunpunt Huren.

Article 3 – Fees and Honorarium
1. Steunpunt Huren advances the fees for cases initiated with the Rent Commission.
2. The fees must be reimbursed to Steunpunt Huren if they have been paid to the Rent Commission and the tenant wishes to withdraw the case, regardless of the reason for withdrawal.
3. If the tenant is ordered by the Rent Commission to pay the filing fees, the tenant must reimburse Steunpunt Huren for the filing fees advanced by Steunpunt Huren in that case or those cases, regardless of the grounds for the order to pay.
4. The invoice for the reimbursement referred to in paragraphs 2 and 3 must be paid within two weeks of Steunpunt Huren sending a reminder.
5. Steunpunt Huren provides its primary services free of charge.

Article 4 – SEPA Direct Debit Authorization
1. The tenant authorizes Steunpunt Huren to send a one-time direct debit instruction to the client’s bank if the fees owed under Article 3 are not paid after a reminder has been issued.
2. If the tenant does not agree with the direct debit, the tenant may request the bank not to execute the direct debit order prior to the date of the debit. The tenant may also reverse the debit up to 8 weeks after the direct debit by contacting the relevant bank. If the tenant believes they did not grant authorization, this period is 13 months.

3. If the tenant unjustifiably blocks the direct debit, Steunpunt Huren will recover the associated costs from the tenant.

Article 5 – Collection and Processing of Data
1. Steunpunt Huren respects your privacy and processes your personal data as a data controller in accordance with the European General Data Protection Regulation (GDPR).
2. Steunpunt Huren collects the following data: a. Your name, address, and contact information, such as your phone number and email address; b. Correspondence regarding your complaint; c. Legal documents used to represent your interests in connection with your complaint; d. Your IBAN number.
3. The aforementioned data is used solely for the purpose of providing legal assistance, including: for the resolution of legal proceedings, the provision of general services, and the annual report.
4. With regard to data disclosed in the annual report, it is fully anonymized to ensure that your privacy remains protected.
5. Steunpunt Huren does not disclose data to third parties unless it is legally required to do so, must comply with legal obligations, or is subject to a court order if this is necessary to prevent, investigate, or prosecute criminal offenses and is necessary to protect the rights and freedoms of others.

6. By signing this service agreement, the tenant grants Steunpunt Huren Groningen permission to contact him or her, during or after the processing of his or her case, for the purpose of investigating developments and potential abuses in the rental market within the municipality of Groningen. This may include, among other things, investigations into security deposits, rent prices, point systems, service charges, brokerage fees, or systematic unlawful conduct by landlords or property managers. The tenant may revoke this consent at any time. This data may be processed in an anonymized form for research purposes.

7. By signing this service agreement, the tenant grants Steunpunt Huren Groningen permission to contact the tenant during or after the handling of the tenant’s case for the purpose of requesting the tenant’s consent to put the tenant in contact with the press and/or media, such as journalists, reporters, etc. etc. This may occur either in response to a request from the aforementioned parties to Steunpunt Huren Groningen or on Steunpunt Huren Groningen’s own initiative when the organization deems it important, for example, if the tenant’s case is part of a current, broader issue within the municipality of Groningen that the Groningen Rental Support Center deems necessary to bring to the attention of the press and/or media. The tenant is not obligated to grant permission to the Groningen Rental Support Center to put the tenant in contact with the press and/or media, or to share case details with the press and/or media.

Article 6 – Liability
1. Subject to the provisions of Article 3, the services provided by Steunpunt Huren are provided free of charge. For this reason, Steunpunt Huren has no obligation to achieve a specific result, but only an obligation to use reasonable efforts. The tenant is aware that Steunpunt Huren is a nonprofit organization that primarily works with expert volunteers.
2. The provisions of paragraph 1 also imply that Steunpunt Huren cannot provide any guarantees regarding the outcome of the dispute. The tenant acknowledges that no representative of Steunpunt Huren has made any promises in this regard. Steunpunt Huren, its employees, and its agents therefore cannot under any circumstances be held liable
for any resulting damage, however named or on whatever grounds, unless there has been a serious error on the part of Steunpunt Huren that caused the damage. If the latter occurs, the tenant must prove both the damage and its attributable cause.

3. To the extent that a contract for services exists within the meaning of Article 7:400 of the Dutch Civil Code, all assignments are deemed to have been given exclusively to and accepted by Stichting Steunpunt Huren Groningen, even if it is the express or implied intention that an assignment will be performed by a specific person.
4. If a contract for services exists as referred to in paragraph 3, the provisions of Articles 7:404 and 7:407(2) of the Dutch Civil Code, which establish joint and several liability in the event that two or more persons have received an assignment, are fully excluded.
5. Should Stichting Steunpunt Huren Groningen be liable for any reason whatsoever, such liability is limited to an amount of €1,000. These terms and conditions were adopted as such by the board of Stichting Steunpunt Huren Groningen on November 1, 2022.

Article 7 – Termination of the Service Agreement
Steunpunt Huren expressly reserves the right to terminate the service agreement and, consequently, the assistance program at any time, except for compelling reasons, including but not limited to the provisions of Article 2 of this service agreement, pursuant to Article 7:408(2) of the Dutch Civil Code.