General Terms and Conditions Apartment Farms de Groede and Finistère
Contents
Definitions
Applicability of general terms and conditions Realization of agreement and booking
Cancellation or modification of the agreement
Financial terms
Obligations (co-)holiday maker
(Use of) accommodation
Facilities (in or outside the park)
Travel information
Complaints
Travel sum and costs
Liability
Privacy
Applicable law and competent court Other provisions
Park regulations
Rules for groups and/or specific cases
Definitions
Arrival: the starting date of the period for which the agreement between the holiday maker and the entrepreneur has been entered into.
Accommodation: all vacation accommodations for recreational purposes (such as e.g. a, chalet, bungalow, apartment, studio, vacation home).
Accommodation provider: the owner and/or the appointed manager of the accommodation to be let.
General Terms and Conditions: these terms and conditions that apply to all agreements concluded for the rental of an accommodation with the accommodation provider between the holiday maker and the entrepreneur.
Facilities: all facilities inside or outside the parks that can be used on the basis of the agreement.
Guests: all persons that fall under the term holiday maker and co-creant and make use of the accommodation and/or facilities of the parks, as well as visitors to the park.
Co-creant: the persons who are registered by the holiday maker at the time of booking and/or are part of the travel party.
Entrepreneur: the party with whom the holiday maker enters into an agreement.
Agreement: the agreement for the rental of an accommodation with the accompanying general terms and conditions.
Park: the park in which an accommodation is located. Park Regulations: the regulations applied by the accommodation provider for the park.
Recreant: the (legal) person who makes the booking and enters into the agreement. Travel price: the rental price for the accommodation including any discounts and excluding any additional costs.
Written: by letter or email.
Website: the website(s) of the entrepreneur used to make the agreement is www.vakantieterschelling.nl.
Applicability of General Terms and Conditions
These General Terms and Conditions apply to all agreements between entrepreneur and holiday maker concerning rental of accommodations. These terms and conditions are an indissoluble part of the agreement.
Realization of agreement and reservation An agreement for the rental of an accommodation comes about through offer and acceptance. This agreement can be made at the reception of the park but also by reservation. An agreement can only be entered into by a holiday maker who is 21 years of age or older. An accommodation can be reserved both online and by telephone. These two methods of reservation are binding for both parties.
Online reservation
An agreement is concluded if:
1 . The holiday maker agrees to these general terms and conditions;
2 . The holiday maker completes all mandatory data in order to be able to make the reservation online; and
3. Then finalizes the reservation by accepting the general terms and conditions and the button "Complete", and
4. The entrepreneur has confirmed the reservation to the holiday maker in writing.
Every receipt of a reservation made through the website is confirmed by an e-mail to the holiday maker or possibly at the request of the holiday maker by post, which means that the reservation has been received and handled. Thereby the reservation is binding for the holiday maker. If the holiday maker has not received a confirmation of receipt by e-mail, something may have gone wrong with the booking and the holiday maker should contact the entrepreneur, the reservation cannot yet be invoked.
Reservation by telephone
The holiday maker can also make a reservation by telephone. With a telephone reservation an agreement comes into being after the reservation has been confirmed to the holiday maker by e-mail.
Cost overview
After checking and processing the reservation placed through the website or by telephone, the holiday maker shall receive from the entrepreneur a reservation confirmation by e-mail (or possibly at the request of the holiday maker by post). If this confirmation of reservation is not received within 5 days after reservation, the holiday maker must contact the entrepreneur, earlier no claim can be made by the holiday maker. Any inaccuracies in reservation confirmation must be communicated to the entrepreneur within 72 hours.
Right of withdrawal
Reservations made are irrevocably binding on the holiday maker. A right of withdrawal (the so-called cooling off period) as referred to in the Civil Code applies.
Recreant
- The Recreant must be at least 21 years of age at the time of booking.
- The Recreant is liable for all Co-recreants who are registered and accompany him/her and for all Guests visiting the Recreant at the Park.
- All correspondence will be conducted through the Recreant's records.
Canceling or modifying the agreement
Cancellation by Recreant.
It may happen that one has to cancel the vacation due to unforeseen circumstances. In this case, the holiday maker or his substitute must inform the entrepreneur. At a cancellation the holiday maker pays a compensation to the entrepreneur. Hereby the entrepreneur uses the Recron conditions vacation stays. After cancellation, the holiday maker receives a cancellation invoice from the entrepreneur. This invoice contains the costs of the cancellation. In addition to the payable reservation- and eventual preferential costs (and possible premiums of insurances) the (co-)holiday maker owes the following amounts to the entrepreneur:
- 15% of the rental price if you cancel 3 months (93 days) or more before the planned arrival
- 50% of the rental price if you cancel between 3 and 2 months (between 92 and 63 days) before the planned date of arrival
- 75% of the rental price if you cancel between 2 months and 1 month (between 62 and 32 days) before the planned arrival date
- 90% of the rental price if you cancel between 1 month (31 days) and the day before the Scheduled Arrival Date
- 100% of the rental price if you cancel on the Scheduled Arrival Date or thereafter
Cancellation by the entrepreneur
In case of force majeure or unforeseen circumstances, the entrepreneur is entitled to cancel the reservation. Unforeseen circumstances and force majeure include:
- That the accommodation is no longer suitable for rental (for example: due to flooding, fire or default of the accommodation provider).
- That the accommodation is no longer available (for example: due to a sudden sale of the accommodation by the Accommodation Provider, a double reservation made by the Accommodation Provider). The entrepreneur shall immediately inform the holiday maker of this, giving reasons, by telephone or in writing. He will in this case try to offer an equivalent accommodation at the same travel price. In the event that no suitable alternative offer can be made, or the holiday maker does not agree with the alternative offered, then the entrepreneur shall proceed to repay the whole or part of the travel sum already paid without the entrepreneur owing the holiday maker any compensation for damages.
Changing
When a holiday maker wants to change an agreement, this is possible up to 7 days before arrival. After modification, the booking may not be cheaper than the original booking. Modification costs may be charged for these changes.
Transfer
If the booking is transferred in its entirety to a third party, the holiday maker must indicate this in writing to the entrepreneur. Already paid amounts will count as having been paid by the acquiring party. The transferring and acquiring party have to settle this between themselves.
Financial provisions
Payment
After receiving the cost statement, the following costs must be paid: Within 14 days: 30% of the bill, the remaining amount must be received by the entrepreneur 8 weeks before arrival.
If the Recreant books within 8 weeks before arrival, the total bill must be paid by return.
The total bill must always be paid in full before Arrival.
Failure to pay within the payment period
If the entrepreneur has not received the payments on time, he shall be entitled to dissolve (cancel) the agreement.
Obligations of the (co-)holiday maker
The holiday maker and fellow holiday maker and their possible guests shall comply with the obligations of these general terms and conditions and the park regulations. Not complying with these obligations will be seen as an attributable failure in the fulfillment of the agreement which leads to liability for damages of the holiday maker towards the entrepreneur. Moreover, this gives the entrepreneur the right to dissolve the agreement.
(Use) accommodation
State of the accommodation and nature of use
The accommodation is put at the disposal of the (fellow) holiday maker in good condition. If the (fellow) holiday maker is of the opinion that this is not the case, he must report this to the lessor within one hour. The holiday maker is obliged to treat the accommodation and its inventory with care. Upon departure, the holiday maker shall leave the rented property in a clean and tidy condition. Any damage caused by the holiday maker or a fellow holiday maker to the accommodation must be reported by the holiday maker to the park reception before departure and must be paid for immediately. If the accommodation is not left in accordance with the guidelines of the park or damaged, the entrepreneur shall be entitled to charge for the damage. The accommodation may only be used by the lessee for recreational purposes, unless expressly agreed otherwise in writing. In any case, recreational purposes do not include the use by the Lessee of the accommodation during the period that one or more of the users of that accommodation(s) is/are performing work regardless of whether it is paid or unpaid and regardless of whether it takes place in employment or outside employment. Permanent occupancy is not permitted.
Maximum permitted persons.
The use of the reserved accommodation with more than the maximum number of persons allowed for the accommodation (including children and babies) as stated on the website is not permitted. The entrepreneur can in this case deny the (co-)holiday maker the use of the accommodation. The latter will not be entitled to a refund. It is not allowed to receive visitors or to let them stay overnight without prior approval of the entrepreneur.
Pets
Pets are not allowed.
Travel price and costs
- A combination of discounts is not possible.
- Operator reserves the right to change the travel price if increases in government fees or taxes warrant it.
- Any discount offers do not apply to existing/already made reservations.
Liability
- Entrepreneur and accommodation provider are not liable for loss and/or theft (including money), damage to property, damage or injury caused to the (fellow) holiday maker by whatever cause.
- The use of the accommodation and all facilities and services on the park is at the (co-)holiday maker's own risk.
- The entrepreneur accepts no liability for unexpected (construction) activities in the vicinity of the reserved accommodation, work on access and/or main roads, noise nuisance caused, for example, by neighbors, church bells, fireworks, cars, trains or agricultural machinery, nuisance caused by vermin and environmental problems in the vicinity of the park and/or the accommodation.
- The (co-)holiday maker is expected to be aware of the local laws and regulations. The entrepreneur is not liable for the consequences of any violation thereof by the (co-)holiday maker.
Liability of the holiday maker
During the stay the holiday maker is liable for the damage caused during the stay to the accommodation, its furnishing and all matters belonging to the booked accommodation irrespective of by whom this damage has been caused. The settlement of this damage has to take place in first instance between the accommodation provider and the holiday maker.
Privacy
A reference to the privacy statement of the entrepreneur can be found on the website.
Applicable law and competent court
- Dutch law applies to the agreements that are concluded, modified or supplemented on the basis of these general conditions, unless other law applies on the basis of mandatory rules. Disputes can be submitted to a disputes committee or a Dutch court. We follow the Recron conditions vacation accommodations.
Other provisions
The holiday maker is responsible for providing correct contact information and must report any change in his contact information to the entrepreneur.
Arrival and departure
In the reservation confirmation is indicated from which time the accommodation is available.
Visitors
Visitors are welcome and must report to the landlord upon arrival. They are expected to leave the park before 11:00 pm. Deviation from this is only possible with the landlord's permission. Should visitors wish to stay overnight, they must report to the landlord. They will be registered as lodgers. The entrepreneur reserves the right to refuse lodgers. Visitors must comply with the rules set forth in the park regulations. Guests of the holiday maker must comply with the same conditions and rules as the holiday maker. The holiday maker must ensure that his guests are aware of the rules relevant to them as included in the general conditions and the park regulations.
Use of accommodation
The accommodations each have personal furnishings. It is not permitted to take furniture that belongs in the accommodation outside. (Garden) furniture may not be moved to other accommodations. The guest is obliged to keep the accommodation and its immediate surroundings in a neat and orderly condition. Waste must be deposited in the appropriate containers or waste bins at all times. It is not permitted to place party tents near or on accommodations.
Hygiene and maintenance
Leaving food in the park is strictly prohibited for reasons of hygiene and pest control. Waste must be deposited in the appropriate (separated) containers. It is not allowed to place waste next to the containers or elsewhere in the park. Waste must be packed in closed plastic bags. It is not allowed to deposit green waste (pruning and mowing waste) in the containers. It is forbidden to pick flowers, pull loose branches or bushes or hammer nails into trees. Digging holes and damaging public greenery is also not allowed. Urinating in public is not allowed.
Use and return of key
In case of loss of key a fee of €. 15,00 will be charged. Upon departure, all keys received by guests for their accommodation must be returned.
(Night) rest and nuisance
Guests must behave properly and refrain from anything that might reasonably cause offence or nuisance to the proprietor or other guests. Between 10 p.m. and 7 a.m., sleep must be respected. Guests must strictly observe this night's rest. This includes no loud conversations, music or any other noise. Motorized vehicles must also not be used during this period. It is not allowed to use music carriers, musical instruments and other objects that (may) cause noise pollution in such a way as to cause nuisance. With the receipt of a complaint from another guest, the nuisance is in principle established.
Maintenance and cleaning work/malfunctions.
The entrepreneur reserves the right to carry out (cleaning) work around the accommodation from 08:00 a.m. onwards. Urgent disruptions that have been reported will be solved as soon as possible. The entrepreneur always has the right to enter the rented accommodation for inspection and/or to carry out (or have carried out) maintenance work, without the guest being entitled to a full or partial refund of the (rental) sums paid or still to be paid. The entrepreneur also has the right to put buildings and installations out of operation temporarily for maintenance work, without the guest thereby becoming entitled to a full or partial refund of (rental) sums paid or still to be paid. The entrepreneur shall give timely notice of such a visit. In urgent cases, the entrepreneur may refrain from such announcement.
On the grounds of the accommodations, open fire is strictly prohibited. In connection with fire hazard, leaving candles burning without someone present, throwing away burning cigars, cigarettes and matches is prohibited. Likewise, the presence of flammable and/or explosive substances is prohibited. The use of a barbecue is permitted, provided it is done in a safe place and paved surface. A bucket with about 10 liters of water must also be kept within easy reach of the barbecue in case of emergencies. Only electricity, gas, charcoal and briquettes may be used as fuel for the barbecue. The entrepreneur reserves the right to prohibit the use of barbecue in special circumstances (e.g. extreme drought). Due to fire hazard, disposable barbecues may not be deposited in the designated containers until they are extinguished and cooled down.
Lost/Found Items
Found objects can be handed in to the landlord. At the request of any guest who has already left, the found object may be returned to him or her at the guest's expense and risk. The entrepreneur is never liable for any damage to the found object. If the owner of a found object does not report within 3 months of the issue of the found object, it is assumed that the owner has relinquished possession of it.
Removal from the premises/denial of access.
All guests must strictly comply with the rules and regulations contained in the general terms and conditions and park regulations, and strictly follow instructions given by the entrepreneur's staff and/or any security service present in any form or context. This also applies to the rules governing the use of the facilities. In case of violation of these conditions and rules as well as in case of not following the instructions of the personnel, the entrepreneur shall be entitled to remove the guest from the park whereby further access to the park shall be denied, without the holiday maker being entitled to a full or partial refund of and/or discount on the (rental) sums paid or still to be paid, without prejudice to the right of the entrepreneur to claim damages for the loss caused by the violation. As a general rule, a warning will be given first. In urgent cases, at the discretion of the entrepreneur, this may be waived and the guest will be immediately removed and denied access to the park. The entrepreneur reserves the right to demand a deposit from the holiday maker in the event of a (first) warning. If this deposit is not paid immediately, the entrepreneur shall be entitled to remove (or have removed) the guest who has received the warning from the park and to deny him/her access thereto. In case of violation of these General Terms and Conditions and the rules included therein, as well as in case of violation of prohibitions mentioned in the Park Regulations and in case of not following instructions of the (security) personnel, the entrepreneur shall be entitled to remove the guest from the park, whereby further access to the park will be denied, without the holiday maker being entitled to full or partial restitution of or discount on the (rental) sums paid or still to be paid, without prejudice to the right of the entrepreneur to claim compensation for the damage, in whatever sense, caused by the violation and its settlement. The entrepreneur shall be entitled to set off the damage referred to above against the paid (additional) deposit or to recover the damage from the holiday maker.
Regulations groups and/or specific cases
General
Groups are not allowed. We only rent to families.
If upon arrival, or during the stay, it is established that there are young people traveling alone (persons who have not yet reached the age of 21 years and are traveling without their parents and/or guardians or other supervisors who are 21 years or older), while the booking has been made by a third party who is 21 years or older, the entrepreneur reserves the right to cancel the agreement with immediate effect, without restitution of the travel sum.