Plekky terms and conditions

This is an informal English translation of our Dutch terms and conditions for convenience. In case of any discrepancy, the original Dutch version (/voorwaarden) prevails.

1. Definitions

1. Plekky: Plekky B.V., located at Ruysdaelkade 223 in Amsterdam, registered in the Dutch Chamber of Commerce under number 81935366.
2. Client: the party — landlord or tenant — engaging Plekky for brokerage when letting or renting office space.
3. Property: the office or commercial space for which Plekky brokers.
4. Agreement: the brokerage agreement between Plekky and Client.
5. Lease: the lease agreement entered into between tenant and landlord following Plekky's brokerage.

2. Applicability

1. These terms apply to all offers, instructions and agreements between Plekky and Client.
2. Any deviation from these terms is only valid if confirmed in writing by Plekky.
3. The Client's own general terms are expressly rejected.

3. Services

1. Plekky is a commercial broker mediating between tenants and landlords of office and commercial space.
2. Services may include: property intake, photography, listing on the website, managing search requests, organising viewings, negotiating lease terms, contract support, key handover and after-care.
3. Plekky uses best efforts to find suitable candidates but is not a broker within the meaning of the Dutch Real Estate Act; no obligation of result arises unless explicitly agreed in writing.

4. Rates and commission

1. For tenants: searching for and renting an office through Plekky is free of charge for the tenant, unless expressly agreed otherwise in writing.
2. For landlords: Plekky's standard commission is 10% of the first year's rent (excluding VAT, excluding service charges). The commission is payable once the lease has been entered into.
3. Travel expenses, external structural reports or legal advice are not included in the commission and are charged separately by agreement.
4. All amounts are exclusive of VAT.

5. Landlord obligations

1. The landlord provides Plekky with all information needed for the brokerage in a timely and complete manner, including title deed, energy label, permits and any restrictions.
2. The landlord is responsible for the accuracy of the information provided. Plekky is not liable for damage resulting from incorrect or incomplete landlord information.
3. The landlord grants Plekky exclusivity for the duration of the brokerage instruction, unless agreed otherwise in writing.
4. If the landlord concludes a lease outside Plekky with a candidate introduced by Plekky, the full commission is due.

6. Tenant obligations

1. The tenant provides Plekky with the information needed to properly assess the search request (company size, sector, desired location, budget, lease term).
2. The tenant attends viewings organised by Plekky solely in coordination with Plekky and does not contact the landlord directly without notifying Plekky in advance.
3. The tenant is responsible for the legal and tax consequences of entering into a lease.

7. Conclusion of the lease

1. A lease is only concluded once signed in writing by tenant and landlord. Verbal agreements or letters of intent do not bind the parties.
2. Plekky may draft a contract or have one drafted, but never acts as a party to the lease.
3. The standard lease has a minimum term of 1 year with the option to extend. Subletting is only permitted with the written consent of the owner.

8. Liability

1. Plekky's liability for damage — direct or indirect — arising from the brokerage is limited to the amount paid out in the relevant case under our professional liability insurance, increased by any deductible.
2. If for any reason no payment is made, liability is limited to the amount of commission paid by the Client in the six months preceding the damaging event.
3. Plekky is never liable for consequential damage, lost profits, missed savings or non-material damage.
4. Plekky is not liable for any act or omission of the tenant or landlord after the lease has been concluded.

9. Privacy and data processing

1. Plekky processes personal data in accordance with the General Data Protection Regulation (GDPR). See our privacy policy for details.
2. The Client warrants that they are entitled to share the (personal) data provided to Plekky and indemnifies Plekky against third-party claims in this respect.

10. Confidentiality

Plekky and the Client are bound to confidentiality regarding the information they obtain from each other in the context of the Agreement. Business information about prospective tenants, financial documents and internal arrangements will not be shared with third parties without consent.

11. Complaints

1. Complaints about Plekky's services must be submitted in writing within 14 days of the event via hallo@plekky.com.
2. Plekky acknowledges receipt of a complaint within 5 working days and aims to resolve it substantively within 4 weeks.

12. Applicable law and disputes

1. All agreements between Plekky and the Client are governed by Dutch law.
2. Disputes are submitted exclusively to the competent court in the district of Amsterdam.

13. Changes

Plekky reserves the right to amend these terms and conditions. The current version is always available on this page. Changes do not apply to agreements already in force unless the Client agrees in writing.

These are the standard terms and conditions of Plekky B.V. For specific questions, please reach out via hallo@plekky.com.