General terms and conditions of Stay2Work B.V.

These general terms and conditions apply to all rental agreements and reservation confirmations concluded between Stay2Work B.V. (hereinafter: "Stay2Work") and a Tenant.

Article 1 Definitions

In these terms and conditions, the following terms shall have the following meanings: 

• Cancellation: the written notification from the Tenant to Stay2Work that an agreed Booking will not be used in whole or in part, or the written notification from Stay2Work to the Tenant that a Booking will not take place in whole or in part.
• Booking: the rental agreement concluded between the tenant and Stay2Work to which these general terms and conditions have been declared applicable;
• Tenant: the natural person who temporarily rents accommodation from Stay2Work on the basis of a Booking
• Disclaimer: the disclaimer published on the Website.
• Website: the website of Stay2Work B.V., accessible via www.stay2work.com

Article 2 Cancellation

2.1 The Tenant can Cancel the Booking free of charge up to seven (7) days before the agreed start date of the rental period. 

2.2 In the event of Cancellation by the Tenant within seven (7) days prior to the commencement date of the rental period, the Tenant shall owe the full rent and additional costs as stated in the Booking, on the understanding that the rent due shall not exceed the rent for the first seven (7) days of the Booking.

2.3 A Cancellation must be made in writing, either by post or by e-mail to Stay2Work.

2.4 In the event of early departure of the Tenant (leaving the rented property after commencement but before the end of the rental period), no refund will be made of already paid rents or additional costs. If payment has been agreed afterwards, the agreed amounts remain due in full.

2.5 If Stay2Work considers the Booking to have been cancelled by the Tenant due to the failure to pay the deposit or the remaining rent (on time), the Tenant remains obliged to pay in accordance with article 2.2.

Article 3 Payment obligation

3.1 Payment of the rental price and all other amounts due under the Booking must be made no later than the due date in legal Dutch tender, without any right to suspension or set-off, by deposit or transfer to a bank account to be designated by Stay2Work.

3.2 The tenant must have paid the full booking amount no later than one (1) day before the start date of the rental period. If payment is not made on time, the Booking will be considered cancelled by the Tenant (Cancellation).

3.3 Contrary to Article 3.1, payment can also be made via the payment platform Mollie.

Article 4 – Check-in and check-out

4.1 Check-in takes place on the start date of the rental period from 15.00 hours. Check-out takes place on the departure date no later than 12:00 noon.

4.2 Check-ins and check-outs are always personally supervised by a Stay2Work employee, preferably on a weekday working day, unless agreed differently in the reservation confirmation. If desired, this can also take place on weekends.

4.3 If the check-in takes place during the weekend or before 07:00 or after 22:00, Stay2Work is entitled to charge a surcharge of € 75 excluding 21% VAT.

4.4 During the check-in, Stay2Work hands over the keys to the rented property to the Tenant, an inspection report is drawn up and the inventory list is checked. At check-out, Stay2Work receives the keys again and a final inspection takes place in which the inventory list is checked again.

4.5 If keys are lost, a replacement key can be requested via Stay2Work's support department. The costs of replacement are for the account of the Tenant. 

4.6 Missing or damaged kitchen utensils and/or inventory must be reported by the Tenant to Stay2Work without delay. Stay2Work provides addition or replacement. The costs thereof will be borne by Stay2Work, unless there is abuse, negligence or disappearance of goods, in which case the costs will be borne by the Tenant.

4.7 For stays shorter than 30 days, no final cleaning is included. The Tenant must always deliver the rented property broom clean upon departure, after which regular cleaning takes place at the expense of the Tenant. If the Tenant fails to do so, the cleaning costs will still be charged to the Tenant.

4.8 For stays longer than 30 days, a final cleaning is mandatory and always at the expense of the Tenant.

Article 5 Use

5.1 The leased property is fully furnished and upholstered. A basic inventory for the kitchen, as well as a pillow and a blanket, is provided by Stay2Work. For individual locations, Stay2Work provides a basic set of bed linen and hand linen at check-in. Additional services (such as linen service) can be provided by Stay2Work on request at some locations.

5.2 The tenant uses the rented property personally or reserves the use exclusively for employees who fall under his direct responsibility. Use by third parties is only permitted with the prior written consent of Stay2Work.

5.3 The tenant is obliged to comply with all applicable laws and regulations of government agencies.

5.4 If the rented property is part of a larger whole, the Tenant will comply with the applicable (house) rules and sign all forms required in connection with the stay.

5.5 The tenant uses the rented property in a normal manner and does not cause any nuisance to local residents or Stay2Work. The Tenant is not allowed to smoke, play musical instruments or keep pets in the rented property without permission. Small pets are only allowed after prior consultation and written permission from Stay2Work.

5.6 The tenant takes all reasonable measures to prevent damage to the rented property, including the prevention of freezing of pipes and mold. Costs arising from the failure to comply with these obligations are for the account of the Tenant.

5.7 The tenant immediately reports damage to the rented property to Stay2Work. If the Tenant fails to comply with this reporting obligation, he is liable for the resulting damage. Leaking taps and plumbing problems should be reported immediately. In the event of long-term absence, the Tenant shall ensure compliance with this reporting obligation.

5.8 The Tenant is liable for damage to the leased property that is the result of intentional or negligent acts of the Tenant or of persons for whom the Tenant is responsible.

Article 6 Costs to be borne by the tenant

The following costs are for the account of the Tenant:

(a) costs related to the loss, theft or damage of keys; b) costs as a result of glass breakage within the leased property; c) costs for repair or replacement of damage to furnishings and furniture, caused by the Tenant, his employees or guests; d) costs for cleaning and dry cleaning, including in any case the final cleaning after the rental property has been vacated, as well as interim cleaning if desired by the Tenant or deemed necessary by Stay2Work; e) municipal taxes, local levies and fees imposed by the municipality in which the leased property is located on persons who are (temporarily) registered at the address of the leased property; (f) tourist tax or other municipal residence taxes, if and to the extent that they are applicable; g) all other costs that arise directly from negligence or attributable actions of the Tenant, its employees or guests.

Article 7 Delivery

7.1 The Tenant is obliged to vacate the rented property at the end of the agreed rental period and to hand it over to Stay2Work. 

7.2 The Tenant delivers the leased property in the same condition as it was made available to him, being damage-free, clean and in good condition, except for normal wear and tear. The tenant declares to have received the leased property in the said condition at the start.

7.3 Upon delivery, all inventory made available by Stay2Work must be present and in good condition. The Tenant is not permitted to make changes to the furnishings or inventory of the leased property. 

7.4 Any deviations with regard to the inventory must be reported by the Tenant to Stay2Work in writing at the latest at the start of the rental period. 

7.5 Upon delivery, the Tenant will hand in all key sets to an authorized employee of Stay2Work, unless Stay2Work determines otherwise. 

7.6 If the leased property is not delivered clean or if repair work is necessary, the costs involved will be borne by the Tenant. 

7.7 The tenant waives all rights with regard to personal belongings that are left behind in the leased property upon delivery. Stay2Work is entitled to remove these items (or have them removed), whereby the costs are borne by the Tenant. Stay2Work is not liable for damage to or loss of abandoned items. 

Article 8 Changes and repairs

8.1 The Tenant is not permitted to make changes or additions in, to or on the rented property without the prior written consent of Stay2Work.

8.2 All technical repairs and other maintenance work, including minor repairs that would normally be at the expense of the Tenant, are carried out by or on behalf of Stay2Work. The Tenant is therefore not permitted to carry out technical or other repairs to the leased property himself.

8.3 The Tenant is obliged to report defects, defects and other technical problems to Stay2Work without delay, so that repair can take place by or on behalf of Stay2Work.

8.4 The Tenant is liable for all damage resulting from changes made or work carried out by or on behalf of the Tenant, including the application of nails, screws, stickers and similar interventions.

Article 9 Liability and indemnification 

9.1 Stay2Work is never the owner of the rented accommodation and is only the landlord on the basis of a Booking. Stay2Work is not liable for obligations or claims related to ownership, technical condition or maintenance of the living space, except insofar as there is intent or gross negligence on the part of Stay2Work.

9.2 Stay2Work is not liable for damage to property or injury to the Tenant, its employees, guests or visitors caused by defects in the rented property or the building, or by circumstances beyond the control of Stay2Work, including weather conditions, floods, natural disasters or other calamities.

9.3 The liability of Stay2Work, its employees or representatives towards the Tenant is in all cases limited to the amount that the Tenant has paid to Stay2Work for the Booking in question. 

9.4 Stay2Work, its employees and representatives are never liable for indirect or consequential damage, including lost profit, turnover, missed assignments or reputational damage.

9.5 The Tenant is responsible for compliance with its obligations as laid down in these terms and conditions, including in particular the provisions on use, delivery, repairs and costs. Damage caused by the Tenant not complying with these obligations is fully at the expense of the Tenant.

9.6 The Tenant indemnifies Stay2Work, its employees and representatives against all claims from third parties – including employees, guests or visitors of the Tenant – arising from or in connection with the use of the rented property by the Tenant, except insofar as there is intent or gross negligence on the part of Stay2Work.

9.7 The indemnification also extends to all damages, costs and expenses suffered by Stay2Work as a result of such claims, including reasonable costs of legal assistance.

9.8 If Stay2Work is sued by a third party as referred to in this article, the Tenant will provide all cooperation on first request in the settlement of the claim in question, including providing relevant information and conducting a defence if necessary.

Article 10 Overpower 

10.1 In the event of force majeure, Stay2Work is entitled to suspend or terminate the Booking or its execution in whole or in part, without the Tenant being able to claim compensation or refund of amounts paid.

10.2 Force majeure as referred to in Article 6:75 of the Dutch Civil Code is also understood to mean, but is not limited to: natural disasters, floods, fire, pandemics, war, terror, government measures or restrictions, strikes, power or internet failures and all other circumstances that are beyond the control of Stay2Work.

10.3 For the purposes of this article, force majeure is also understood to mean:

• the unavailability of the accommodation (on time) because the owner or main tenant restricts or terminates the use;
• decisions or measures of a VvE (union of owners) or other management organization that prevent or restrict the use;
• work or malfunctions at third parties (such as utility companies or maintenance parties) as a result of which the leased property is not usable or only to a limited extent.

10.4 If a force majeure situation occurs, Stay2Work will inform the Tenant as soon as possible.

Article 11 Cancellation and additional guarantees

11.1 Stay2Work is entitled to terminate the Booking prematurely and with immediate effect, or to require additional securities or guarantees from the Tenant, if one or more of the following circumstances occur:

• bankruptcy, suspension of payments, guardianship, administration or death of the Tenant;
• serious impairment of the Tenant's credit worthiness;
• non-compliance by the Tenant with obligations under the Booking, the services provided or these general terms and conditions;
• the actual non-use of the leased property by the Tenant.

11.2 Termination or termination pursuant to this article may take place at any time and without observing a notice period. Termination shall take place by means of a written notification (including an e-mail message) to the Tenant, without prior notice of default being required. Stay2Work reserves the right to claim damages.

13.2 The Tenant indemnifies Stay2Work against all claims from third parties arising from or related to the circumstances as referred to in Article 11.1, including costs, damage and legal proceedings.

Article 12 Timely availability

12.1 If the leased property cannot be made available to the Tenant on the agreed commencement date due to:

• the fact that the leased property is not ready for rental on time;
• failure to evacuate in time by a previous user;
• the absence of required permissions or permits;
• or any other circumstance that can be regarded as force majeure within the meaning of Article 6:75 of the Dutch Civil Code,

the Tenant does not owe any rent for the period in which the leased property is unavailable. Other obligations of the Tenant under the Booking will be suspended during this period.

12.2 Stay2Work is not liable for damage suffered by the Tenant as a result of delay in the provision of the rented property, unless there is intent or gross negligence on the part of Stay2Work. 

12.3 Stay2Work will inform the Tenant as soon as possible of an imminent or occurring delay. As soon as the leased property is made available to the Tenant, the Tenant's obligations under the Booking are revived, including the obligation to pay rent from that moment on.

12.4 The Tenant is liable for all damage suffered by Stay2Work if the rented property is not available in time for a subsequent Tenant or user, insofar as this delay is the result of acts or omissions of the Tenant, including failure to vacate on time, not returning keys or leaving items in the rented property.

12.5 The Tenant indemnifies Stay2Work against claims from third parties, including subsequent Tenants or users, arising from the non-timely availability of the rented property as a result of the Tenant's acts or omissions.

12.6 Stay2Work is entitled to recover the damage it has suffered in full – including loss of rental income, costs of temporary accommodation and reasonable legal costs – from the Tenant.

Article 13 – Protection of the living environment and use of common areas

13.1 If the leased property is part of a building or complex with common areas or facilities, the Tenant will at all times behave in a manner that contributes to its clean, orderly and safe use. The tenant refrains from behavior that may disturb the peace, safety and quality of life in the building or its surroundings.

13.2 The Tenant is not permitted to place movable property in or near common areas, corridors, stairwells, galleries, emergency exits or outdoor spaces, except insofar as a facility has been explicitly designated by the manager for this purpose (such as bicycle sheds). It is also not allowed to knock, dry or hang bed linen, laundry or similar items on the outside of the building, except for the use of a private balcony.

13.3 The tenant may not, without the prior written permission of Stay2Work:a. place advertisements, inscriptions, flags or signs in or on the rented property or the common areas; b. connect mechanical extractor hoods, fans or other equipment to ventilation ducts, or use smoke ducts for purposes other than those for which they are intended; c. make changes to technical installations, pipes, cables or facilities,  including electricity, gas, water or internet; d. enter or allow to be entered roof, technical rooms, switch rooms for lifts, fire escapes, central heating and hydrophore rooms or other enclosed installation areas.

13.4 The Tenant is not permitted: a. to keep (domestic) animals that cause danger, damage or nuisance; small pets are only permitted with the prior written consent of Stay2Work; b. to grow, trade, produce, use or possess drugs, hemp or other substances prohibited under the Opium Act in or around the rented property; c. to use the rented property or the common areas for activities that pose a danger or cause damage,  pose fire or health risks, cause nuisance or otherwise violate the law or instructions of Stay2Work.

13.5 The Tenant will not cause any nuisance or nuisance to fellow residents, local residents or Stay2Work when using the leased property and the common areas, and will ensure that third parties present by or on behalf of the Tenant do not do so either. Nuisance and nuisance also include: noise nuisance, pollution, vandalism, aggressive or intimidating behavior and causing dangerous situations.

13.6 The parties are of the opinion that any violation of the prohibitions referred to in this article constitutes a shortcoming of sufficient weight to justify dissolution of the Booking by the court, without prejudice to Stay2Work's right to compensation.

13.7 If the Booking concerns a short stay with a duration of less than three (3) months, Stay2Work is entitled to terminate the Booking prematurely and with immediate effect in the event of violation of the prohibitions referred to in this article, without the Tenant being able to claim a refund or compensation.

13.8 The Tenant is obliged to cooperate with an investigation by Stay2Work in response to complaints about nuisance or nuisance, and to follow all reasonable instructions from Stay2Work in that context. If Stay2Work deems it necessary, it can take appropriate measures, including giving binding instructions, restricting use or engaging external parties.

Article 14 Access to the rented property

14.1 If the Tenant is absent for a continuous period of more than two (2) weeks, the Tenant shall inform Stay2Work prior to this absence about the way in which access to the leased property can be obtained, so that Stay2Work has access to the rented property where appropriate.

Article 15 Rental authority

15.1 Stay2Work declares that it is authorized to enter into the Booking with the Tenant and to make the rented property available for the agreed duration.

15.2 If it turns out that Stay2Work is not authorized to enter into the Booking, the Tenant cannot claim compensation, except in the event of intent or gross negligence on the part of Stay2Work.

Article 16 Management

16.1 Unless otherwise stated in writing, Stay2Work acts as manager of the leased property. The contact details of the landlord are:

• Stay2Work B.V.
• HQ: Dorpsstraat 3B, 1861KT Bergen NH
• + 31 [0]85 4010 269  (on weekdays from 8.30 a.m. to 5.30 p.m.)
• support@Stay2Work.com

Article 17 Effects of nullity or voidability

17.1 If any provision of the Booking or these general terms and conditions is null and void or voidable, this shall not affect the validity of the remaining provisions. Instead of the null and void or voided provision, what is legally permissible is deemed to be what is most in line with the intention of the parties and the purport of the original provision.

Article 18 Seat

18.1 The tenant chooses domicile at the address stated in the rental agreement. If the Tenant has not provided any other correspondence address, the last address known to Stay2Work or, if applicable, the last address registered with the Chamber of Commerce of the Tenant will be the chosen domicile.

18.2 Stay2Work chooses domicile at the address as stated in article 16 of these general terms and conditions.

18.3 Stay2Work is entitled to address communications and correspondence exclusively to the Tenant at the latter's office address as stated in the lease agreement, and in addition – if there is reason to do so – to the actual user of the leased property at the address of the leased property. 

Article 19 - Personal data

19.1 Stay2Work processes personal data of the Tenant, and if applicable his spouse, registered partner or other family members, exclusively for the execution of the Booking, including:

• administering reservations and payments;
• taking care of check-in and check-out;
• handling complaints or requests;
• maintaining contact with the Tenant;
• complying with legal obligations.

19.2 To the extent necessary for the execution of the Booking, Stay2Work may provide personal data to third parties, such as:

• payment service providers (including Mollie) and banks;
• debt collection agencies, lawyers or bailiffs in the event of late payment or disputes;
• competent authorities if Stay2Work is legally obliged to do so;
• service providers who perform work on behalf of Stay2Work (such as IT suppliers or cleaning companies), insofar as this is necessary.

19.3 Data Subjects have the right to request Stay2Work to provide access to their personal data and/or to correct, supplement or delete it, to the extent permitted under applicable laws and regulations. Data subjects also have the right to submit a complaint to the Dutch Data Protection Authority.

19.4 The tenant is obliged to inform any jointly responsible persons (such as spouse, registered partner or trustee/administrator) about the content of this article.

Article 20 Applicable law 

20.1 The booking agreement and these general terms and conditions are governed by Dutch law.