ARTICLE 1. | DEFINITIONS

In these general terms and conditions, the following terms, always indicated with a capital letter, are used in the following meaning.

1. Huurflits.nl: the user of these general terms and conditions, located at Posthoornstraat 11, 3011WD in Rotterdam, registered in the Trade Register under Chamber of Commerce number 92868886.
2. User: any natural or legal person who has entered into or intends to enter into a User Agreement with Huurflits.nl, as well as any visitor to the Website.
3. Consumer: a User, a natural person, not acting in the exercise of a profession or business.
4. User Agreement: the agreement between Huurflits.nl and the User that is or will be entered into by registering on the Website and on the basis of which the User can use the Web Space, whether or not against payment.
5. Subscription: a User Agreement in respect of which the User has a payment obligation towards Huurflits.nl.
6. Website: the website www.huurflits.nl.
7. Profile/Web space: the part of the Website that is exclusively accessible to the User using his login details.
8. Content: all data, including photos, videos and texts, that are uploaded by the User via his Profile and/or published on the Website and/or shared with other Users.

ARTICLE 2. | GENERAL PROVISIONS

1. These general terms and conditions apply to every visit to and every use of the Website, every offer from Huurflits.nl to enter into a User Agreement and every User Agreement concluded as such.
2. If Huurflits.nl does not always demand strict compliance with these general terms and conditions, this does not mean that these general terms and conditions do not apply or that Huurflits.nl loses the right to demand strict compliance with these general terms and conditions in future cases.
3. The annulment or nullity of one or more of the provisions of these general terms and conditions or the User Agreement as such shall not affect the validity of the other provisions. In such a case, the parties are obliged to enter into mutual consultation in order to make a replacement arrangement with regard to the affected provision. In doing so, the purpose and scope of the original provision shall be taken into account as much as possible.

ARTICLE 3. | OFFER AND ESTABLISHMENT OF USER AGREEMENTS

1. Any offer from Huurflits.nl to enter into a User Agreement is without obligation. Huurflits.nl is never obliged to accept the registration of the User and to enter into a User Agreement with the User.
2. The User cannot derive any rights from an offer from Huurflits.nl that contains an obvious error or mistake.
3. Creating a Profile on the Website is done by registering the User on the Website. The User is not allowed to register in the name of another (legal) person. Huurflits.nl reserves the right to remove such Profiles immediately.
4. The User Agreement is concluded at the moment that the registration of the User has been confirmed by Huurflits.nl by e-mail and the User has met all the conditions stated in the offer.

ARTICLE 4. | RIGHT OF CANCELLATION FOR CONSUMERS FOR SUBSCRIPTIONS

1. The Consumer is entitled to cancel a Subscription without giving reasons up to 14 days after the Subscription has been concluded.
2. Compliance with the Subscription within the cooling-off period as referred to in the previous paragraph will only take place at the express request of the Consumer.
3. The Consumer may exercise his right of cancellation by submitting a request to Huurflits.nl by e-mail or by using the model cancellation form offered by Huurflits.nl. As soon as Huurflits.nl has been informed of the Consumer's intention to cancel the Subscription and if the conditions of this article have been met, Huurflits.nl will confirm the cancellation as soon as possible by e-mail.
4. When exercising the right of dissolution after a request by the Consumer in accordance with paragraph 2, the Consumer owes Huurflits.nl an amount that is proportional to that part of the Subscription that the Consumer has used at the time of exercising the right of dissolution, compared to the full fulfillment of the Subscription. The proportional amount that the Consumer owes Huurflits.nl is calculated on the basis of the total price as expressly agreed.
5. Huurflits.nl will refund the payment received from the Consumer, minus the proportional amount as referred to in the previous paragraph, to the Consumer as soon as possible, but no later than fourteen days after termination of the Subscription.

ARTICLE 5. | USE REQUIREMENTS AND RESTRICTIONS

1. The User guarantees that all data provided by him/her when registering on the Website is correct, accurate, current and complete.
2. The User is responsible for the communication he conducts with fellow users of the Website. Huurflits.nl accepts no liability in this regard.
3. The User is not permitted to upload, share and/or publish any unlawful, incorrect, misleading, violent, infringing, hateful or discriminatory Content via the Webspace.
4. The User is not permitted to use the Website in any way for unlawful acts, the commission of criminal offences and/or for acts that are contrary to generally accepted standards and values. This includes, but is not limited to, infringing the intellectual property rights of Huurflits.nl or third parties, the unlawful and/or punishable distribution of secret or confidential information, the unlawful or punishable distribution of texts and/or images and video material, including racist expressions and criminal data traffic. 5. The User is liable for all activities performed via his Profile. The User is required to keep his login details for access to his account secret. All actions performed on the User's account are attributed to the registered User. The User is solely responsible for his behavior as well as for all Content that he uploads via the Webspace and publishes via the Website.
6. The User is not permitted to retrieve, use or collect login details of other Users of the Website.
7. The User is prohibited from slandering, threatening, bullying, insulting, harassing, stalking or intimidating persons by means of mutually interchangeable messages or otherwise.
8. The User is prohibited from infringing on the privacy of fellow users of the Website. Furthermore, the User is not permitted to provide personal information about fellow users to third parties.
9. The User is not permitted to hinder or disrupt the Website or the servers or networks that Huurflits.nl uses to operate the Website, for example by sending worms, viruses, spyware, malware or other destructive or disruptive codes.
10. Use of the Website is only permitted for purposes for which the Website has been made available to the User by Huurflits.nl. The User is not permitted to collect and/or use profile information of Users for improper purposes.
11. The User is responsible for his own communication with other Users of the Website, both online and offline. The User indemnifies Huurflits.nl from all claims in connection with the behavior of any other user of the Website. The User is obliged to use his common sense when communicating with other users of the Website. This also applies to uploading and publishing Content.
12. Huurflits.nl is not responsible for Content that is uploaded, shared and/or published via the Webspace, including Content from fellow users. The User uses the Website entirely at his/her own risk.
13. A User who offers rental space determines whether and to whom he rents his rental space; Huurflits.nl does not work with a lottery system or a privilege for rental space seekers who respond to rental space earlier than other rental space seekers.
14. Huurflits.nl is always entitled, but not obliged, to remove, block and/or monitor Content that violates the provisions of these general terms and conditions. Users of the Website can file a complaint with Huurflits.nl regarding illegal Content and/or Content that violates the rights of Huurflits.nl or third parties and other behavior that can be qualified as abuse. If Huurflits.nl considers a complaint to be justified, it is entitled, without prejudice to the provisions of the remainder of these general terms and conditions, to remove the relevant Content in whole or in part without Huurflits.nl being liable in any way to the User as a result of such removal. 15. The User always guarantees that he is the owner of the Content that he places on the Website or is otherwise entitled to place this Content on the Website. The User therefore guarantees that uploading, sharing or publishing Content by him does not infringe the rights of third parties. The User is therefore not permitted to place photos, videos or any other Content whatsoever, on which other persons are also depicted, on his Profile without the prior consent of the persons concerned.
16. Huurflits.nl does not have the means to permanently monitor the content of User Profiles and other Content published via the Website. In the event of a suspected violation of the provisions in these general terms and conditions by a fellow user, the User may inform Huurflits.nl thereof. Huurflits.nl will then make every effort within its power to prevent recurrence thereof and, if necessary, remove the Content in question from the Website.

ARTICLE 6. | SPECIAL PROVISIONS FOR THE USER WHO ACTS AS A PROVIDER OF RENTAL SPACE

1. The User who acts as a provider of rental space can publish his offer of rental space on the Website free of charge. The User must provide all requested mandatory data regarding the rental space to be offered by him so that rental space seekers can form a sound judgment about the offer of rental space.
2. The User who acts as a provider of rental space must remove his offer of rental space from the Website as soon as possible in the designated manner if the rental space, whether or not via Huurflits.nl, has been rented out or is no longer available for other reasons.
3. The User who acts as a provider of rental space agrees that his offer of rental space, with all the information stated therein as published on the Website, can also be placed on other online marketplaces and shared via Facebook and Trovit.
4. The User who acts as a provider of rental space is hereby requested to respond within a reasonable period of time to messages from rental space seekers, even if the rental space has already been rented out or if the User is not interested in the rental space seeker's request for the rental space.

ARTICLE 7. | REFUSAL, BLOCKING AND REMOVAL OF PROFILES AND CONTENT FROM THE WEB SPACE

1. Huurflits.nl is entitled to screen a Profile or certain Content and to refuse, block and/or remove it from the Website if:
the Profile or Content contains unlawful or punishable statements;
the Profile or Content is of a violent nature;
the Profile or Content discriminates on the basis of race, gender, political opinion, religion or belief;
the Profile or Content contains malware and/or viruses or links to sources containing malware and/or viruses;
the User acts in violation of any provision of these general terms and conditions.
2. If a Profile is blocked or deleted on the basis of the provisions of the previous paragraph, or if the User Agreement is terminated due to another circumstance attributable to the User, no refund of payments will take place.

ARTICLE 8. | TERM AND TERMINATION OF THE USER AGREEMENT

1. The User Agreement, which does not entail any payment obligation for the User, is entered into for an indefinite period.
2. A Subscription is entered into for the expressly agreed specific term (14, 30 or 90 days). Unless a Subscription is cancelled before the expiry of the specific term, it will be tacitly extended for an indefinite period.
3. Each User Agreement ends no later than one day after its termination. In the event of termination by the User, this must be done under his Profile, in the manner indicated therein. In the case of a Subscription, this will not end before the specified term has expired.
4. Huurflits.nl is entitled to modify the functionalities of the Website, for any reason, without prior notice and at any time, or to terminate the operation of the Website. In the event that Huurflits.nl terminates the operation of the Website, the User who has taken out a Subscription is only entitled to a refund of the price paid in proportion to the part of the Subscription not enjoyed by the User.
5. In the event of termination of the User Agreement as referred to in the previous paragraphs, all User Content will no longer be accessible. Huurflits.nl is not subject to any retention obligation after termination of the User Agreement. In the event of termination, all rights granted to the User under these general terms and conditions will lapse with immediate effect.

ARTICLE 9. | PRICES AND PAYMENTS

1. Payment for Subscriptions must be made using one of the payment methods designated by Huurflits.nl. For a 14-day membership, Huurflits.nl charges €19. In the event of payment using IDEAL, Creditcard, Bancontact, Giropay or Sofort, the User provides authorization when entering into the Subscription to have any subsequent installments automatically collected.
2. In the event that the direct debit authorization is withdrawn or in the event that a payment is reversed, payment must still be made by bank transfer within the period stated by Huurflits.nl on the invoice. In such cases, Huurflits.nl is also entitled, without prejudice to the provisions of paragraphs 4 and 5, to charge the costs associated with the withdrawal or reversal, as well as reasonable administrative costs to be determined per invoice.
3. Payments to be made by bank transfer must be made within the payment term stated on the invoice.
4. If timely payment is not made, the User will be in default by operation of law. From the day that the User is in default, the User will owe the then applicable statutory interest on the outstanding amount, whereby a part of a month will be considered a full month.
5. All reasonable costs, such as judicial, extrajudicial and enforcement costs, incurred to obtain the amounts owed by the User, shall be borne by the User.

ARTICLE 10. | LIABILITY AND INDEMNIFICATION

1. Huurflits.nl is not involved in the communication between Users. The role of Huurflits.nl is limited to bringing Users into contact with each other. Huurflits.nl is never involved in any commitments that Users enter into with each other; Huurflits.nl accepts no liability in this regard.
2. Users of the Website partly determine which Content is uploaded and published and shared on the Website. Huurflits.nl is not obliged to ascertain whether this Content is unlawful, incorrect, incomplete or misleading. The User cannot assume that Huurflits.nl approves of all Content that is uploaded or shared via the Website. Huurflits.nl therefore accepts no liability for the Content published and shared via the Website, by any User whatsoever. The User indemnifies Huurflits.nl from all its claims based on the assertion that the Content of fellow users published or shared via the Website is unlawful, incorrect, incomplete or misleading.
3. Huurflits.nl is exclusively committed to the exploitation of the Website, which exclusively provides opportunities for (potential) tenants and landlords to contact each other; Huurflits.nl does not act as a rental agent and is not a party to (the negotiation and conclusion of) any rental agreements between Users. Huurflits.nl is not liable for the unexpected failure to find a tenant or rental space via the Website.
4. Huurflits.nl does not check the rental space offer and all the (price and address) information and posted photos for accuracy and completeness and can therefore never guarantee the accuracy and completeness thereof. The User who acts as a provider of the rental space is fully responsible for the content of the Content published by him via the Website. Huurflits.nl is not obliged to verify the content of the posted rental space offer and the accuracy, completeness, reliability and legality of the data provided to Huurflits.nl by the provider of the rental space. The User who uses the Website as a provider of rental space indemnifies Huurflits.nl against all claims from other Users in this regard.
5. Huurflits.nl is never liable for damage resulting from unauthorized use of the User's login details for access to the Web space.
6. Huurflits.nl makes every effort to optimize the correct functioning and accessibility of the Website. However, Huurflits.nl cannot guarantee that the facilities thereof are always available without restriction and that all these facilities always function without problems. All liability of Huurflits.nl in this regard is excluded.
7. Huurflits.nl is at all times authorized to temporarily disable the Website or parts thereof, in particular if this is desirable in its opinion with regard to maintenance, upgrades, troubleshooting, adjustment or improvement of the Web space, Website or servers of Huurflits.nl or third parties. All liability of Huurflits.nl as a result of such inaccessibility or reduced accessibility or usability of the Web space, Website or parts thereof, is excluded.
8. Huurflits.nl is not liable for programming errors with regard to the Webspace or Website. Furthermore, Huurflits.nl is not liable for viruses or other harmful components that cause damage to the User's hardware or software by means of the Website or servers of Huurflits.nl or third parties, except in the case of intent and deliberate recklessness on its part. 9. If the Website contains references, for example by means of hyperlinks, to the websites of third parties, Huurflits.nl is never liable for the content of these websites.
10. Huurflits.nl will make every reasonable effort to protect the Webspace and Website and the other systems of Huurflits.nl against any form of unlawful use by third parties. However, Huurflits.nl is never liable for infringement of (intellectual property) rights of the User by third parties.
11. If, despite the provisions of these general terms and conditions, Huurflits.nl is still liable towards a paying User, such liability is limited to the price paid by the User under the Subscription, or at least to that part of the Subscription to which Huurflits.nl's liability relates.
12. The User is liable to Huurflits.nl for all damage caused by him as a result of a breach of the provisions in these general terms and conditions, the distribution of viruses, worms, etc. through the systems of Huurflits.nl, as well as for damage resulting from other actions that affect the proper functioning of the Website or parts thereof. The User is also liable for all costs that Huurflits.nl must incur as a result of such a circumstance, for example because it must defend itself in or out of court or seek assistance in this matter.
13. If and to the extent that the User violates the provisions of these general terms and conditions or any legal provision, the User shall indemnify Huurflits.nl against all resulting damages and claims from third parties.

ARTICLE 11. | INTELLECTUAL PROPERTY/COPYRIGHT

All copyrights and other intellectual property rights on the domain name of Huurflits.nl, the Webspace, Website and parts thereof, including the name “Huurflits.nl”, the design, operation, images and sounds thereon, belong to Huurflits.nl, insofar as these rights do not rest with the User, fellow users or third parties. The User is prohibited from reproducing, modifying, reproducing in any way, providing to third parties, sharing, exploiting or creating derivative works from the material on which the rights of Huurflits.nl or its licensors rest, other than in connection with the normal use of the Webspace or Website.

ARTICLE 12. | FINAL PROVISIONS

1. The User Agreement and all other legal relationships between the User and Huurflits.nl are exclusively governed by Dutch law.
2. Before possibly appealing to the court, the parties are obliged to make every effort to settle the dispute by mutual agreement. For complaints about the use of the Website, Webspace and in connection with the User Agreement as such, the User can contact Huurflits.nl. Complaints from the User about Huurflits.nl must be submitted to Huurflits.nl by e-mail within a reasonable time after the User has established the grounds that gave rise to the complaint, fully and clearly described.
3. Complaints submitted to Huurflits.nl will be answered within a period of fourteen days after receipt. If a complaint requires a longer processing time, a response will be sent within the period of fourteen days with a confirmation of receipt and an indication of when the User can expect a more detailed response.
4. If a complaint from a Consumer in the context of a Subscription cannot be resolved by mutual agreement with Huurflits.nl, the User can submit the dispute to the disputes committee via the ODR platform (www.ec.europa.eu/consumers/odr/).
5. If these general terms and conditions are available in multiple languages, the Dutch version shall always be decisive for the interpretation of the provisions contained therein.