Compass Associates Consulting SRL – La Conciergerie Immobilière (LCI)
Definitions
In these General Terms and Conditions, the following terms have the following meanings:
– Manager: Compass Associates Consulting SRL, operating under the trade name LCI.
– Principal: owner who signed the management contract.
– Property: any building or part of a building entrusted to management.
– Contract: rental management mandate signed between the parties.
– Tenant: occupant of the property under a lease.
– Fees: remuneration due to the manager.
Scope
These General Terms and Conditions apply to all rental management services provided by the manager.
The principal acknowledges and accepts them without reservation. They prevail over any document emanating from the principal, unless otherwise agreed in writing by the manager.
Conclusion of the management agreement
The management agreement is only perfected after it has been signed by both parties.
All information provided by the principal must be accurate, complete and truthful.
The manager can refuse a mandate without giving a reason.
Purpose of the mandate
The manager is responsible for ensuring, on behalf of the principal, the day-to-day administrative, financial, rental and technical management of the property as defined in the management contract.
Any service not included in routine management will be subject to a separate charge.
Manager's obligations
The manager carries out his mission diligently and professionally.
He acts as an agent of the principal and is only bound by an obligation of means.
The manager is not responsible for tenant declarations, unpaid rent, damage, hidden defects in the property or errors made by third parties.
Principal's obligations
The principal provides the manager with all the documents necessary for management.
He maintains the property in legal compliance and covered by fire insurance.
He must immediately inform the manager of any incident or change.
The principal is responsible for any failure that would cause damage or complication in the management.
Fees and financial terms
The fees are set out in the price list attached to the contract.
They are due for the entire duration of the mandate, even in the event of non-payment or rental vacancy.
Any service other than routine management will be subject to additional billing.
Any delay in payment will result in legal interest and a fixed compensation of 10 %.
Duration, renewal and termination
The duration of the mandate, its renewal and the terms of termination are defined in the contract.
The contract is concluded for two years, renewable for periods of one year, with a notice period of one month for termination at the expiry.
Responsibility
The manager's liability is limited to a maximum amount equivalent to one year's management fees for the property in question.
The manager is not responsible for indirect damages, financial losses, unpaid bills or third-party interventions.
Subcontracting and delegation
The manager can entrust certain tasks to specialized service providers.
The principal accepts this option.
Transfer of mandate
The manager may assign or transfer all or part of the mandate to a Compass group entity or to a qualified third-party company.
The principal will be informed.
Technical Works and Obligations
The manager can recommend necessary work.
The principal remains free to choose the service provider.
Major projects incur specific fees.
Relations with the tenant
Any decision involving financial commitments, work or terminations must be validated in writing by the principal.
Unpaid invoices and procedures
Reminders are part of the regular management according to the chosen formula.
Any legal proceedings are billed separately.
Personal data and GDPR
The data is processed in accordance with the GDPR.
The principal authorizes the transmission of data strictly necessary for the execution of the mandate.
Official communications
Day-to-day communication is done via email.
Official notifications must be sent by registered mail.
Force majeure
Neither party is liable in the event of force majeure preventing the performance of its obligations.
Confidentiality
The information exchanged is confidential.
The manager may transmit certain information to the tenant or service providers when necessary.
Applicable law and disputes
Belgian law applies.
Any dispute shall be subject to arbitration as provided for in the contract, in Nivelles, in French.
Final provisions
Any clause declared null and void does not affect the validity of the rest of the General Terms and Conditions.
Signing the contract constitutes full acceptance of these General Terms and Conditions.