Rental conditions De MeerParel & ZeeParel
Article 1: Definitions In these terms and conditions, the following terms are to be understood as follows:
a. holiday accommodation: bungalow, (summer) house, apartment; b. entrepreneur: the company that provides the holiday accommodation to the holiday maker; c. holiday maker: the person who enters into the agreement with the entrepreneur concerning the holiday accommodation; d. fellow holiday maker: the other person(s) named in the agreement; e. third party: any other person, not being the entrepreneur, holiday maker and/or his fellow holiday maker(s); f. agreed price: the fee paid for the use of the holiday accommodation, including all additional costs as specified on the confirmation.
g. costs: all costs for the entrepreneur that are associated with the operation of the recreational business; h. information: written/electronic data on the use of the holiday accommodation, its facilities and the rules governing the stay; i. cancellation: the written termination of the agreement by the holiday maker, prior to the commencement date of the stay.
Article 2: Contents of the agreement 1. The entrepreneur shall put at the disposal of the holiday maker, for recreational purposes, i.e. not for permanent residence, a holiday accommodation of the kind or type agreed upon, for the agreed period of time and at the agreed price.
2. The entrepreneur shall be obliged to provide the holiday maker in advance with the written information on the basis of which this agreement is also concluded. The entrepreneur will notify the holiday maker of any changes in this information in good time, in writing or electronically.
3. If the information deviates substantially from the information provided at the conclusion of the agreement, the holiday maker shall be entitled to cancel the agreement without any costs.
4. The holiday maker has the obligation to comply with the agreement and the corresponding information. The holiday maker shall ensure that fellow holiday makers and/or third parties that come to visit and/or stay at the holiday accommodation comply with the agreement and the corresponding information.
Article 3: Duration and expiration of the agreement The agreement ends by operation of law after the expiration of the agreed period, without notice being required.
Article 4: Prices and price changes 1. The price is agreed on the basis of the rates in force at the time, which are determined by the entrepreneur. [ondernemer]
2. In the event that, after determination of the agreed price, because of an increase of the financial burden on the side of the entrepreneur, additional costs arise as a consequence of a change in expenditure and/or levies that relate directly to the holiday accommodation or the holiday maker, these may be passed on to the holiday maker, also after the conclusion of the agreement.
Article 5: Payment 1. The holiday maker shall make the payments in euros, unless otherwise agreed, taking into account the agreed instalments.
2. If the holiday maker, despite receiving advance warning, fails to meet his payment obligation within a period of two weeks after the warning, the entrepreneur reserves the right to terminate the agreement with immediate effect, without prejudice to the entrepreneur’s right to full payment of the agreed price.
3. In the event that on the day of arrival the entrepreneur is not in possession of the total amount owed, he shall be entitled to deny the holiday maker access to the holiday accommodation, without prejudice to the entrepreneur’s right to full payment of the agreed price.
4. The extrajudicial costs reasonably made by the entrepreneur, after having given notice of default, shall be at the expense of the holiday maker. If the total amount is not paid on time, the legally determined interest rate on the outstanding amount will be charged after written summation.
Article 6: Cancellation 1. In the event of cancellation, the holiday maker shall pay a fee to the entrepreneur. [betaalt] This fee is calculated as followed:
- cancellation more than three months before the commencement date: 15% of the agreed price; - cancellation three to two months before the commencement date: 50% of the agreed price; - cancellation two months to one month before the commencement date: 75% of the agreed price; - cancellation one month to 7 days before the commencement date: 90% of the agreed price; - cancellation within 7 days before the commencement date: 100% of the agreed price.
2. The fee will be refunded on a pro rata basis, after deduction of administrative costs.
Article 7: Use by third parties [door?] 1. Use of the holiday accommodation by third parties is only permitted if the entrepreneur has given written permission.
2. Conditions may be attached to the permission given, which must in that case be laid down in writing in advance.
Article 8: Premature departure of the holiday maker The holiday maker shall owe the full price for the agreed upon rental period.
Article 9: Premature termination by the entrepreneur and eviction in the event of an attributable shortcoming and/or wrongful act
1. The entrepreneur may terminate the agreement with immediate effect:
a. If the holiday maker, any fellow holiday maker or any third party, despite advance warning, fails to fulfil any the obligations under the agreement or does not comply with any rules in the information and/or national regulations, to such an extent that by the standards of reasonableness and fairness, the entrepreneur can no longer be required to continue the agreement: b. If the holiday maker, despite advance warning, causes nuisance to the entrepreneur and/or fellow holiday makers, or spoils the good atmosphere on, or in the immediate vicinity of, the site; c. If the holiday maker, despite advance warning, acts in violation of the destination of the site by using the holiday accommodation.
2. If the entrepreneur wishes to effect interim termination and eviction, he must inform the holiday maker in person.
3. After cancellation, the holiday maker shall ensure that the holiday accommodation is vacated and the site is abandoned as soon as possible, but not later than within 4 hours.
4. In principle, the holiday maker remains obliged to pay the agreed rate.
Article 10: Laws and regulations 1. The entrepreneur shall at all times ensure that the holiday accommodation, both internally and externally, meets all environmental and safety requirements that the government may impose on the holiday accommodation.
2. The holiday maker shall be required to strictly observe all regulations in force on the site. He shall also ensure that his fellow holiday makers and/or any third parties that come to visit and/or stay shall strictly observe the regulations in force on the site.
Article 11: Maintenance and lay-out 1. The statutory liability of the entrepreneur for damage other than personal injury and death is limited to a maximum of €455,000 per event. The entrepreneur is obliged to take out insurance covering this liability.
2. The entrepreneur shall not be liable for any injuries, theft or damage that take place on his site, unless this is the result of an attributable failure of the entrepreneur.
3. The entrepreneur shall not be liable for the consequences of extreme weather or other forms of force majeure.
4. The entrepreneur shall not be liable for failure of utilities unless the failure is attributable to him.
5. The holiday maker can be held liable against the entrepreneur for damage caused by an act or omission on his part, a fellow holiday maker and/or a third party, insofar as the damage can be attributed to the holiday maker, a fellow holiday maker and/or a third party.
6. The entrepreneur is obliged to take appropriate measures after notification by the holiday maker of nuisance caused by other holiday makers.
* These terms and conditions are based on the Recron conditions.