Terms and Conditions
The User agrees that by using the website www.Rooming.nl he/she is aware of and agrees with the terms and conditions.
Article 1. Definitions
Terms and Conditions: the terms and conditions of Rooming;
Intellectual property: all intellectual property rights and other rights related to this, such as copyright, trademark, patent, model, trade name, and databank rights/laws, as well as rights to knowhow and performance on a par with to a patentable invention.
Rooming: the website www.rooming.nl, is owned by Room 12 B.V. located on Begijnensteeg 1, 1012 PN in Amsterdam;
User: this is everybody that uses the services on www.rooming.nl;
Account: een individuele sectie en/of groepssectie die door jou wordt gecreëerd en beheerd wanneer jij je aanmeldt op het Platform.
Owner: a user that has a house, apartment, or room available for rent on Rooming.
Tenant: a user that is looking for a house, apartment, or room on Rooming.
For Rooming the terms and conditions below and the Dutch law apply. These terms and conditions can be amended by Rooming without personal notifications. Amendments in these terms and conditions will be mentioned on the homepage of Rooming.
Article 2. Rooming's identity
Article 3. Account
3.2 In case you are under sixteen (16) years of age, you have to have permission form a parent or legal guardian before creating an Account. By accepting the terms and conditions you confirm that you are sixteen (16) or older and/or have permission from your parents or guardian for creating an Account.
3.3 You are responsible for the correctness and completeness of the provided information, as well as the modification of the information in case it is no longer correct. You acknowledge and understand that the correctness and completeness of the provided information is crucial for the functioning of Rooming.
3.4 The personal information that is entered during the registration process will be saved in a database and processed in accordance with the Privacy Statement that you can find on the Platform.
3.5 You are responsible for keeping your own password-username combination private. You cannot give your username and/or password to third parties or give them access to your Account in any way. You are liable for all the activity and use of the Platform that is done through your username and password. Rooming can assume that you are indeed the one that is signing in with your username and password. As soon as you know or are suspicious that someone else has gotten a hold of your username or password, you should let Rooming know. You are also expected to take action by, for instance, changing your password.
3.6 Rooming is always permitted to amend the Platform, edit and/or close it down without being liable to any damages towards you. In case you disagree and cannot work with the processed changes made to the Platform, the only solution is for you to delete your Account and stop using the Platform.
3.7 Rooming reserves the right for the log-in procedure and/or your password and/or username to be changed should it be found necessary for the proper functioning of the Platform.
3.8 Rooming is not liable for any damage resulting from unauthorized access to or the use of the Platform by third parties.
3.9 You acknowledge and agree that by creating an Account you automatically provide Rooming with a free, unencumbered, worldwide, sub-licensable, non-exclusive license to certain information from the Account, including user name and Account Picture, in the context of providing and reproducing the Platform, and disclose such for promotional purposes. This license terminates when you delete your Study material and / or Account from the Platform.
Article 4. Realization agreement
4.2 The agreement of use of the Rooming platform is established by creating an Account.
4.3 By creating an Account you automatically accept the terms and conditions. These will be provided to the User in advance and can always be found on the Platform.
4.4 The Agreement only applies to the use of the Rooming platform, it does not regulate any involvement between the tenant and owner. These legalities should settled be in separate agreements, such as in the rental agreement.
Article 5. Reproduction
5.2 Rooming cannot guarantee the correctness and accuracy. Rooming is always authorized to make changes to the offered service(s), as long as these changes result in improvements or help comply with certain regulations.
5.3 In all cases where the Agreement with the Counterpart ends, the Terms and Conditions continue to apply as long as necessary for the concluding of the settlement, or where this arises for the relevant clause.
Article 6. Housing supply
6.2 The Owner is responsible to remove the house from the platform as soon as it is Rented Out.
6.3 In case of any problems or disputes regarding the rented property, the user should always refer directly to the owner.
6.4 Rooming does not check the identity of the Owner(s). The User is responsible for checking and verifying the identity of the owner.
6.5 Verhuurders kunnen zelf informatie plaatsen op de website over de woningen. Rooming oefent hierop geen voorafgaande controle of redactioneel toezicht uit. Rooming zal klachten over gebruikersinhoud serieus onderzoeken en waar nodig ingrijpen. Neem hiervoor contact met ons op via firstname.lastname@example.org of gebruik hier de feedback mogelijkheid van het Rooming platform.
Article 7. Payment method and prices
7.2 The payment of the subscription is done through iDeal.
7.3 After creating an Account, a subscription is available for access to the housing supply for a specific period, and can be paid for through iDeal. After the subscription period has finished, the subscription can be renewed. The current prices as published on Rooming's website apply.
7.4 In case the User has a subscription for a set period of time, Rooming won't change the price for this period. After the subscription period has concluded the current prices of subscription will take effect, as published on the Rooming website.
7.5 Rooming reserves the right to change the payment method.
Article 8. Rights and Obligations of the Counterparty
- Infringing on intellectual property rights ;
- Database rights or other rights of third parties and/or Rooming;
- The posting of incomplete and/or untrue information;
- The posting of incomplete and/or untrue information;
- The posting of information that does not apply to the Counterpart;
- Holding back information that is relevant to one of the rooms posted by the counterpart;
- The removal and/or changing of material that has been posted onto the Website by others;
- The violation of the privacy or publicity of Rooming;
- The violation or the intention to damage the security of the Website;
- Using the Service such that the correct operations of Rooming's computer systems or third parties is inhibited, such that the use of the Service by others could also be prevented;
- The changing of, deleting, or disabling of data of third parties, and adding third party data;
- The transfer and/or assignment of any right or obligation which the Counterparty has pursuant to these Terms and Conditions or the Agreement, to third parties.
Notwithstanding the other sections of this article, the counterpart shall at all times refrain from improper use of the Services, the Website and the data accessible through the Services or the Website.
Onder oneigenlijk gebruik wordt mede verstaan:
- Het ongevraagd en zonder voorafgaande toestemming verzenden van e-mails of andere elektronische berichten van commerciële aard aan Gebruikers van Rooming ('spammen') die niet strekken tot de vervulling van een advertentie (woning);
- Het benaderen van Gebruikers voor andere commerciële doeleinden dan waartoe de Gebruiker zich bij Rooming heeft aangemeld;
- Het langs geautomatiseerde weg, zoals met behulp van een zoekprogramma, of anderszins via de Website of onderdelen daarvan opvragen of hergebruiken van substantiële delen van de inhoud van de databank(en) van Rooming ('spideren'/'harvesten'/'uitmelken').
In case Rooming is suspicious of misuse by a counterpart, then without any judicial interference the counterpart owes Rooming a claimable fine of 10.000 EURO (ten thousand EURO) per incidence, and Rooming has the right to terminate any agreements with the counterpart immediately.
Counterpart, being an actual person, gives Rooming permission
Article 9. Housing supply and obligations owner
9.2 The Owner is responsible for the description of the house(s) matching reality and being as complete as possible. The description is detailed enough to let those looking for a house make a good judgement about the property.
9.3 The Owner has the right to add pictures to the added house(s) on the Rooming Platform.
9.4 The owner is responsible for the accuracy of the information detailing the content of the house, making sure the pictures are clear and not deceiving, that the content does not go against any rules and/or regulations, and isn't offensive, obscene or insulting. Simultaneously the intellectual property of third parties should be respected. The owner indemnifies Rooming of claims from third parties for a breach of the intellectual property.
9.5 The owner carries the responsibility of the information being correct and up to date. In case the house has been rented out, the owner should remove it from the Platform within 3 working days.
9.6 It is not permitted, as an owner, to charge the tenant extra for things such as mediation costs, key costs, commission fee, or other costs besides the (bare) rental price and services mentioned in the advert.
9.7 Indien niet voldaan wordt aan deze verplichtingen, zoals omschreven in dit artikel 9 lid 2 tot en met 6, behoudt Rooming het recht om zonder opgave van redenen de inschrijving met onmiddellijke ingang te beëindigen en/of de toegang tot het account geheel of gedeeltelijk en al dan niet tijdelijk te blokkeren. In geen enkel geval heeft Verhuurder recht op enige vorm van schadeloosstelling.
9.8 In case you need a residence permit or a subletting permit for renting out, then this permit should be requested by the Owner. The costs of getting such a permit will never be for Rooming's account.
9.9 In case of any problems/disputes with regards to the rented property, the owner should refer directly to the tenant.
Article 10. Permission
10.2 Rooming forms part of Room 12 BV. Room12 BV handles personal information with care, and only makes them accessible to third parties for research purposes, finding work or filling a job vacancy. For this you also give explicit permission by signing up on our website.
Article 11. Liability
11.2 If Rooming is liable towards you for damages on any grounds whatsoever, the amount of the resulting damages shall be limited to the amount actually paid by Rooming's insurance. If the insurance, for whatever reason, does not pay, determining the hight of the damages will depend on articles section 11.3, 11.4 and 11.5.
11.3 Rooming is solely liable for direct damage (as described below) that has occurred as a direct consequence of Rooming's negligence and/or unlawful act up to an amount of EUR 1.000,--. The total liability under the agreement will never be more than this amount.
11.4 Direct damage is defined as the following:
i. materiële schade aan zaken;
ii. significant costs have been made to avoid or limit the direct damage, as a result of the event on which the reliability depends, are to be expected;
iii. significant costs have been made by determining the cause of the damage, the liability, the direct damage and means of repair.
11.5 Any liability of Rooming other than direct damages, including consequential damages, are excluded. Consequential loss is in this respect a case of: lost profits, lost savings, loss of goodwill, loss due to business interruption losses, costs incurred to prevent or adopting consequential damages, loss, or damage of electronic data and/or damage caused by delay in the transport of data traffic and any other damages than those mentioned in article 11.4.
11.6 The limited liability of Rooming does not rule out the liability of Rooming for intentional and/or deliberate recklessness of Rooming itself and/or her supervisor.
Article 12. Force Majeure
12.2 Force majeure refers to for instance the illness of employees and/or absence crucial to the delivery of the Platform, problems with the supply of electricity, strikes, riots, government measures, fire, natural disasters, floods, shortcomings of Rooming;s suppliers, shortcomings of Rooming, engaged third parties, interruptions in the connection to the Internet, hardware failures, failures in (telecommunications) networks and other unforeseen circumstances.
Artikel 13. Beëindiging
13.2 Rooming has the right to block your use of the Platform, to shut you down and/or block your profile in case you go against any clauses of the terms and conditions, including but not limited to articles 3.3, 3.4, 3 and 5.7.
Article 14. Governing law and jurisdiction
Artikel 15. Varia
15.2 Rooming mag rechten en verplichtingen die uit de Gebruiksvoorwaarden voortvloeien, overdragen aan derden en zal je daarvan op de hoogte stellen. Indien je deze overdracht van verplichtingen aan een derde niet acceptabel vindt, is je enige remedie om het gebruik van het Platform te staken en je Account te beëindigen en/of te verwijderen.