Rental Conditions
Definitions
Tenant: the person who concludes a rental agreement with the landlord in respect of a holiday home.
Co-tenant/Guest: the person who stays in the holiday home together with the Tenant.
Landlord: the natural or legal person who lets the Holiday Home to the Tenant.
Manager: the person who performs management duties in respect of the Holiday Home at that location.
Rental agreement: the lease agreement between the lessor and the lessee.
Rental Conditions: the present Holiday Home Rental Conditions.
Working day: Monday to Friday between 09.00 and 17.00 with the exception of holidays recognised in the Netherlands.
Holiday House: the letting object as described in the Rental Agreement, including the grounds.
Definitions
Tenant: the person who concludes a rental agreement with the landlord in respect of a holiday home.
Co-tenant/Guest: the person who stays in the holiday home together with the Tenant.
Landlord: the natural or legal person who lets the Holiday Home to the Tenant.
Manager: the person who performs management duties in respect of the Holiday Home at that location.
Rental agreement: the lease agreement between the lessor and the lessee.
Rental Conditions: the present Holiday Home Rental Conditions.
Working day: Monday to Friday between 09.00 and 17.00 with the exception of holidays recognised in the Netherlands.
Holiday House: the letting object as described in the Rental Agreement, including the grounds.
Applicability Rental Conditions
The Rental Conditions apply to the offer, the Lease and the services of the Landlord.
Additional or different agreements shall only apply if and insofar as they have been expressly agreed in writing.
Applicability of any purchase conditions used by the Tenant is expressly rejected.
In addition to these Lease Conditions, additional house rules may be set locally by the Landlord.
Agreement
Only families and households can use the Holiday Home. Other parties are only allowed if permission is given in advance by the Lessor. The Hirer must be of age at the time of booking.
The Lease comes into effect after the Tenant has accepted the offer and only if the Tenant and co-tenants comply with paragraph 1. The Tenant's acceptance can be made, inter alia, by e-mail or by telephone.
The Lease Agreement is concluded subject to the availability of the Holiday Home.
Final confirmation will take place after checking the availability and verifying that the Renter and the intended Co-renters meet the conditions set.
The Landlord is entitled to withdraw its offer without giving reasons until the end of the next Working Day after the acceptance of the offer.
The Renter has no right of withdrawal after acceptance.
Obvious mistakes or errors in the offer do not bind the Landlord.
After receiving the booking confirmation, the Renter must check the correctness and completeness of the booking and report any incompleteness or inaccuracies to the Letter within two days of receipt.
The use of (motor) vehicles, bicycles, vessels and other means of transport that may be present at the Holiday Home is never included in the Rental Agreement.
Rental price and payment
Unless otherwise agreed, the rental price is based on the rental price of the Holiday Home applicable during confirmation; - including costs explicitly mentioned on the website in the description of the Holiday Home; - excluding deposit and any additional costs for additional services. - excluding 25 euro booking fee.
When booking, a deposit of 30% of the rental sum must be paid.
The 70% balance is to be paid no later than 8 weeks before the start of the rental period. This balance cannot be paid by credit card.
For bookings within 8 weeks before the start of the rental period, the full rental sum must be paid within 3 days after the date of confirmation. For bookings within 10 calendar days before the start of the rental period, the full rental sum is to be paid by urgent transfer on the same day.
Additional costs will be collected in advance, depending on what is stipulated in the rental agreement, or must be paid to the lessor on site, or will be deducted from the deposit.
The Landlord may increase the prices after the conclusion of the Lease if they are the result of legal regulations such as increases in taxes or government levies.
Security deposit
The security deposit must be paid to the caretaker of the Holiday Home on arrival at the accommodation address, unless otherwise stated in the Rental Agreement.
Detected damage to the Holiday Home or damage to or loss of items present in or on the Holiday Home may be deducted from the deposit.
The calculated balance of the deposit will be refunded in cash by the Manager or returned by bank within fourteen days of the stay by the Lessor.
The Rental Conditions apply to the offer, the Lease and the services of the Landlord.
Additional or different agreements shall only apply if and insofar as they have been expressly agreed in writing.
Applicability of any purchase conditions used by the Tenant is expressly rejected.
In addition to these Lease Conditions, additional house rules may be set locally by the Landlord.
Agreement
Only families and households can use the Holiday Home. Other parties are only allowed if permission is given in advance by the Lessor. The Hirer must be of age at the time of booking.
The Lease comes into effect after the Tenant has accepted the offer and only if the Tenant and co-tenants comply with paragraph 1. The Tenant's acceptance can be made, inter alia, by e-mail or by telephone.
The Lease Agreement is concluded subject to the availability of the Holiday Home.
Final confirmation will take place after checking the availability and verifying that the Renter and the intended Co-renters meet the conditions set.
The Landlord is entitled to withdraw its offer without giving reasons until the end of the next Working Day after the acceptance of the offer.
The Renter has no right of withdrawal after acceptance.
Obvious mistakes or errors in the offer do not bind the Landlord.
After receiving the booking confirmation, the Renter must check the correctness and completeness of the booking and report any incompleteness or inaccuracies to the Letter within two days of receipt.
The use of (motor) vehicles, bicycles, vessels and other means of transport that may be present at the Holiday Home is never included in the Rental Agreement.
Rental price and payment
Unless otherwise agreed, the rental price is based on the rental price of the Holiday Home applicable during confirmation; - including costs explicitly mentioned on the website in the description of the Holiday Home; - excluding deposit and any additional costs for additional services. - excluding 25 euro booking fee.
When booking, a deposit of 30% of the rental sum must be paid.
The 70% balance is to be paid no later than 8 weeks before the start of the rental period. This balance cannot be paid by credit card.
For bookings within 8 weeks before the start of the rental period, the full rental sum must be paid within 3 days after the date of confirmation. For bookings within 10 calendar days before the start of the rental period, the full rental sum is to be paid by urgent transfer on the same day.
Additional costs will be collected in advance, depending on what is stipulated in the rental agreement, or must be paid to the lessor on site, or will be deducted from the deposit.
The Landlord may increase the prices after the conclusion of the Lease if they are the result of legal regulations such as increases in taxes or government levies.
Security deposit
The security deposit must be paid to the caretaker of the Holiday Home on arrival at the accommodation address, unless otherwise stated in the Rental Agreement.
Detected damage to the Holiday Home or damage to or loss of items present in or on the Holiday Home may be deducted from the deposit.
The calculated balance of the deposit will be refunded in cash by the Manager or returned by bank within fourteen days of the stay by the Lessor.
Late payment
If the agreed payment term(s) are exceeded, the Renter shall be in default from the day that such term has expired without further notice of default. The Renter shall owe statutory interest from that time.
If the lease payment is not received on the agreed date, and in all cases before the start of the lease period, the Landlord shall also be entitled to suspend the performance and to deny the Tenant access to the Leased Premises.
The Landlord may terminate the Lease after the Tenant has been given a final reasonable period for payment. The term notice is free of form and may be given, inter alia, by e-mail. A period of 7 days is presumed to be reasonable. In the case of a last-minute booking, the period will be shorter. In the event of cancellation on this ground, the Renter remains liable for the rental sum as ‘damages’.
The Renter is furthermore obliged to pay the extrajudicial collection costs if, despite a reminder to pay, the Renter has not made payment within a period of fourteen days after receiving the reminder. The extrajudicial collection costs are 15% of the amount claimed up to €2500, 10% on the following €2500, 5% on the following €5000 and 1% on the remainder, with a minimum of €40.
If the agreed payment term(s) are exceeded, the Renter shall be in default from the day that such term has expired without further notice of default. The Renter shall owe statutory interest from that time.
If the lease payment is not received on the agreed date, and in all cases before the start of the lease period, the Landlord shall also be entitled to suspend the performance and to deny the Tenant access to the Leased Premises.
The Landlord may terminate the Lease after the Tenant has been given a final reasonable period for payment. The term notice is free of form and may be given, inter alia, by e-mail. A period of 7 days is presumed to be reasonable. In the case of a last-minute booking, the period will be shorter. In the event of cancellation on this ground, the Renter remains liable for the rental sum as ‘damages’.
The Renter is furthermore obliged to pay the extrajudicial collection costs if, despite a reminder to pay, the Renter has not made payment within a period of fourteen days after receiving the reminder. The extrajudicial collection costs are 15% of the amount claimed up to €2500, 10% on the following €2500, 5% on the following €5000 and 1% on the remainder, with a minimum of €40.
Cancellation
Cancellation must be made in writing.
In the event of cancellation by the Renter, the following charges will apply:
- up to 56 days before departure: the deposit:
- day 56 to day 31 before departure: 50% of the rent.
- day 30 before departure or later: the full rental charge.
The day on which the written cancellation is received by the Landlord is decisive.
The Renter is recommended to take out cancellation insurance in good time.
Cancellation must be made in writing.
In the event of cancellation by the Renter, the following charges will apply:
- up to 56 days before departure: the deposit:
- day 56 to day 31 before departure: 50% of the rent.
- day 30 before departure or later: the full rental charge.
The day on which the written cancellation is received by the Landlord is decisive.
The Renter is recommended to take out cancellation insurance in good time.
Amendments by Renter
The Tenant may request changes after entering into the contract. The Landlord is not obliged to accept the requested amendment and is entitled to charge amendment fees.
The Tenant may request changes after entering into the contract. The Landlord is not obliged to accept the requested amendment and is entitled to charge amendment fees.
Modification or cancellation by the Landlord
The Landlord has the right to change the agreed service in one or more points or to cancel the agreement in case of force majeure. This includes: - special or personal circumstances of the homeowner. - the situation that the Holiday Home is sold prematurely and the new owner refuses or does not confirm to make the Holiday Home available.
The Landlord reserves the right to fulfil the Lease by providing an equivalent alternative, but is not obliged to do so. Another Holiday Home is presumed to be an equivalent alternative if it is equivalent by objective standards and meets any special requirements additionally agreed between the parties.
If the Lease is cancelled by the Landlord on the grounds of force majeure, only the rental sum paid to the Landlord will be refunded. No further compensation or damages will be payable.
The Landlord has the right to change the agreed service in one or more points or to cancel the agreement in case of force majeure. This includes: - special or personal circumstances of the homeowner. - the situation that the Holiday Home is sold prematurely and the new owner refuses or does not confirm to make the Holiday Home available.
The Landlord reserves the right to fulfil the Lease by providing an equivalent alternative, but is not obliged to do so. Another Holiday Home is presumed to be an equivalent alternative if it is equivalent by objective standards and meets any special requirements additionally agreed between the parties.
If the Lease is cancelled by the Landlord on the grounds of force majeure, only the rental sum paid to the Landlord will be refunded. No further compensation or damages will be payable.
Obligations of the Renter and Co-renters
The Hirer and Co-Hirers/Guests must comply with the house rules of the Holiday Home set by the Landlord. These can be found in the Holiday Home.
Parties, loud music, other forms of nuisance and illegal activities are expressly not allowed.
The Hirer is not allowed to sublet the Holiday Home or otherwise give it in use or make it available to third parties.
The agreement concerns the rental of a Holiday Home, which rental is by its nature of short duration. Renting the Holiday Home for more than three months and/or for non-recreational occupation or use is not permitted and is grounds for immediate termination of the Lease, eviction and denial of (further) access to the Holiday Home.
The Holiday Home (including the grounds) may not be used by more persons than indicated in the booking confirmation. This applies both to users staying overnight and to day visitors. No more persons may stay overnight in the Holiday Home (including the grounds) than indicated in the booking confirmation. If it appears that there are nevertheless more users, the lessor is entitled to deny the tenant and co-tenant(s) access and to charge an amount of EUR 200.00 per supernumerary person.
The Hirer and Co-Hirers/Guests must comply with the house rules of the Holiday Home set by the Landlord. These can be found in the Holiday Home.
Parties, loud music, other forms of nuisance and illegal activities are expressly not allowed.
The Hirer is not allowed to sublet the Holiday Home or otherwise give it in use or make it available to third parties.
The agreement concerns the rental of a Holiday Home, which rental is by its nature of short duration. Renting the Holiday Home for more than three months and/or for non-recreational occupation or use is not permitted and is grounds for immediate termination of the Lease, eviction and denial of (further) access to the Holiday Home.
The Holiday Home (including the grounds) may not be used by more persons than indicated in the booking confirmation. This applies both to users staying overnight and to day visitors. No more persons may stay overnight in the Holiday Home (including the grounds) than indicated in the booking confirmation. If it appears that there are nevertheless more users, the lessor is entitled to deny the tenant and co-tenant(s) access and to charge an amount of EUR 200.00 per supernumerary person.
Bringing pets is not allowed without written permission. If this is nevertheless observed, the Landlord has the right to refuse the Tenant and/or Co-tenant(s) further access to the Holiday Home without further warning.
Upon arrival, the Manager may ask for identification of the Tenant to verify the Tenant's identity. If the Tenant cannot identify himself or if the identification does not match the details on the Lease Agreement, access to the Holiday Home may be denied.
On the day of departure, the Holiday Home must be handed over to the Landlord/Manager in good condition, tidy and swept clean.
Upon arrival, the Manager may ask for identification of the Tenant to verify the Tenant's identity. If the Tenant cannot identify himself or if the identification does not match the details on the Lease Agreement, access to the Holiday Home may be denied.
On the day of departure, the Holiday Home must be handed over to the Landlord/Manager in good condition, tidy and swept clean.
By using the Holiday Home, Co-Lessees are bound by this Rental Agreement and the House Rules. The Tenant must inform the Co-tenants of these Rental Conditions.
The Landlord is entitled to terminate the agreement in writing or by e-mail with immediate effect and to demand the immediate eviction of the Holiday Home, if the Tenant/Co-tenant seriously neglects his/her duty of care for the Holiday Home, if he/she accommodates more or other persons and/or animals in the Holiday Home than permitted according to the agreement, if he/she causes damage to the Holiday Home, if he/she causes a nuisance, or otherwise fails to fulfil his/her obligations as a good tenant. In such a case, the Tenant shall not be entitled to a refund of the rental fee, and the Tenant shall be obliged to compensate the Landlord for the damage suffered by the Landlord as a result of the acts or omissions of the Tenant or Co-tenant.
The Landlord is entitled to terminate the agreement in writing or by e-mail with immediate effect and to demand the immediate eviction of the Holiday Home, if the Tenant/Co-tenant seriously neglects his/her duty of care for the Holiday Home, if he/she accommodates more or other persons and/or animals in the Holiday Home than permitted according to the agreement, if he/she causes damage to the Holiday Home, if he/she causes a nuisance, or otherwise fails to fulfil his/her obligations as a good tenant. In such a case, the Tenant shall not be entitled to a refund of the rental fee, and the Tenant shall be obliged to compensate the Landlord for the damage suffered by the Landlord as a result of the acts or omissions of the Tenant or Co-tenant.
Liability of Tenant and Co-tenants
The Tenant shall be liable to the Landlord for any loss and/or damage arising during or after the tenancy of the Holiday Home to the Landlord as a result of the stay, whether such loss or damage was caused by acts or omissions of the Tenant and/or Co-tenants, or by third parties who were in the Holiday Home through their actions, or by any animal or property in their possession.
In addition to the costs of repair or replacement, damages may include reduced rental income and damages relating to cancellations or compensation of Tenants in subsequent rental periods.
The Tenant shall be liable to the Landlord for any loss and/or damage arising during or after the tenancy of the Holiday Home to the Landlord as a result of the stay, whether such loss or damage was caused by acts or omissions of the Tenant and/or Co-tenants, or by third parties who were in the Holiday Home through their actions, or by any animal or property in their possession.
In addition to the costs of repair or replacement, damages may include reduced rental income and damages relating to cancellations or compensation of Tenants in subsequent rental periods.
Complaints
The Hirer must thoroughly inspect the Holiday Home and items present on arrival for defects and damage. Any defects and damage found must be reported to the Landlord immediately and no later than the day of arrival.
Unreported defects and damage shall be deemed to have arisen during the stay and shall be for the Tenant's account, unless the Tenant proves that the defect or damage already existed before commencement.
Defects arising during the rental period must be reported by the Renter to the Landlord immediately after their occurrence.
The Tenant must give the Landlord the opportunity to remedy any defects and provide access to the Holiday Home for that purpose.
If, in the Tenant's opinion, the complaint has not been satisfactorily resolved by the Landlord, the Tenant must notify the Landlord in writing without delay and no later than two months after returning.
The Hirer must thoroughly inspect the Holiday Home and items present on arrival for defects and damage. Any defects and damage found must be reported to the Landlord immediately and no later than the day of arrival.
Unreported defects and damage shall be deemed to have arisen during the stay and shall be for the Tenant's account, unless the Tenant proves that the defect or damage already existed before commencement.
Defects arising during the rental period must be reported by the Renter to the Landlord immediately after their occurrence.
The Tenant must give the Landlord the opportunity to remedy any defects and provide access to the Holiday Home for that purpose.
If, in the Tenant's opinion, the complaint has not been satisfactorily resolved by the Landlord, the Tenant must notify the Landlord in writing without delay and no later than two months after returning.
Liability and limitation of liability
The Landlord shall not be liable for damages if the shortcoming is not attributable to it.
Liability of the Landlord for personal injury and death damage is limited to what the Landlord's insurance covers, plus the excess under the policy.
Liability of the Landlord for property damage of the Tenant and Co-tenants jointly shall be limited to a maximum of once the rental sum.
The Landlord is not liable insofar as the Tenant/Co-Hirer has been able to recover any damages under an insurance policy, such as health, travel or cancellation insurance.
Liability for damages and costs that the Renter or Co-renter may suffer in the exercise of his profession or business is excluded.
Paragraphs 2 to 5 of this article do not apply insofar as the damage was caused by intent or conscious recklessness of the Lessor himself.
Rights of claim of the Renter shall expire one year after they arise.
The Landlord shall not be liable for damages if the shortcoming is not attributable to it.
Liability of the Landlord for personal injury and death damage is limited to what the Landlord's insurance covers, plus the excess under the policy.
Liability of the Landlord for property damage of the Tenant and Co-tenants jointly shall be limited to a maximum of once the rental sum.
The Landlord is not liable insofar as the Tenant/Co-Hirer has been able to recover any damages under an insurance policy, such as health, travel or cancellation insurance.
Liability for damages and costs that the Renter or Co-renter may suffer in the exercise of his profession or business is excluded.
Paragraphs 2 to 5 of this article do not apply insofar as the damage was caused by intent or conscious recklessness of the Lessor himself.
Rights of claim of the Renter shall expire one year after they arise.
Final provisions
If and insofar as any provision of these conditions proves to be null and void or is nullified, the other conditions will remain in force and the nullified/null and void provision will be replaced by a valid provision that approaches the scope of the earlier provision as closely as possible.
All provisions contained in these Rental Conditions, including exclusions and limitations of liability, may be invoked by owners of the Holiday Home, Managers, as well as the staff of the Landlord and third parties engaged by it.
The Tenant may not assign its rights and obligations following from the Lease to third parties, unless the parties have expressly provided otherwise in writing.
All offers, agreements and the performance thereof, to which these Lease Terms relate in whole or in part, will be governed exclusively by Dutch law, unless this is contrary to mandatory law.
Disputes arising from the agreement concluded between the parties will be brought exclusively before the civil court in Amersfoort, unless this is contrary to mandatory law.
If and insofar as any provision of these conditions proves to be null and void or is nullified, the other conditions will remain in force and the nullified/null and void provision will be replaced by a valid provision that approaches the scope of the earlier provision as closely as possible.
All provisions contained in these Rental Conditions, including exclusions and limitations of liability, may be invoked by owners of the Holiday Home, Managers, as well as the staff of the Landlord and third parties engaged by it.
The Tenant may not assign its rights and obligations following from the Lease to third parties, unless the parties have expressly provided otherwise in writing.
All offers, agreements and the performance thereof, to which these Lease Terms relate in whole or in part, will be governed exclusively by Dutch law, unless this is contrary to mandatory law.
Disputes arising from the agreement concluded between the parties will be brought exclusively before the civil court in Amersfoort, unless this is contrary to mandatory law.