General Terms and Conditions of Hire

GENERAL TERMS AND CONDITIONS OF RENTAL

 

1. DEFINITIONS
   1. Letting Agent: The natural or legal person who lets the holiday home to the Tenant.
   2. Tenant: The natural or legal person who has entered into the tenancy agreement with the Landlord in respect of the holiday home.
   3. Rented Property: The furnished holiday home which the Landlord is temporarily letting to the Tenant.
   4. Tenancy Agreement: the temporary tenancy agreement between the Landlord and the Tenant relating to the Rented Property.

 

2. APPLICATION
   1. These general terms and conditions of letting apply to the tenancy agreement between the Landlord and the Tenant, as well as to all offers and quotations from the Landlord, unless the parties expressly agree otherwise.
   2. These general terms and conditions of letting apply regardless of any reference by the Tenant to their own general terms and conditions. The Tenant’s general terms and conditions are expressly rejected.

 

3. FORMATION OF THE AGREEMENT
   1. The tenancy agreement is concluded following the submission of a booking request by the Tenant via the Landlord’s website, upon payment of the full rental sum into the Landlord’s bank account, and following the Lessor’s written confirmation of the booking request by email. No tenancy agreement shall be formed until the booking request has been confirmed in writing.
   2. Following the conclusion of the tenancy agreement, the Landlord shall send practical information and the house rules to the Tenant by email.
   3. The Landlord is entitled to refuse the booking if the Tenant does not meet the conditions as stated on the website. In this case, the Tenant is also permitted to impose further conditions, including but not limited to the payment of a higher security deposit.

 

4. ARRIVAL AND DEPARTURE
   1. The property may be occupied on the day of arrival at 4.00 pm. On the day of departure, the property must be vacated by 10.00 am at the latest.
   2. An extended stay is only permitted with the Landlord’s prior written consent.

 

5. RENT, SECURITY DEPOSIT AND PAYMENT TERMS
   1. The total rent as stated on the Landlord’s website comprises the basic rent, the costs of utilities, bed linen and towels, the compulsory end-of-stay cleaning and all other costs mentioned in the description of the holiday home. All amounts include VAT. The tourist tax is included in the rental price.
   2. The security deposit amounts to €150 including VAT. (If required)
   3. The rent and security deposit must be paid in full no later than at the time of booking to the Landlord’s bank account number as stated on the website. In the absence of timely and full payment, no tenancy agreement will be concluded.
   4. The Landlord reserves the right to set off the costs of excessive use of gas, water and electricity against the security deposit and to recover these costs from the Tenant to the extent that they exceed the amount of the security deposit. OR: The costs of gas, water and electricity consumption will be deducted from the security deposit at the end of the tenancy period.
   5. All direct and indirect damage to the property and its contents will be deducted from the security deposit, unless the damage is not attributable to the Tenant.
   6. The security deposit will be refunded within a reasonable period after the end of the tenancy period and following an inspection of the property by the Landlord.

 

6. CANCELLATION TERMS
   1. Cancellations must be made in writing by the Tenant to the Landlord.
   2. The Tenant is entitled to cancel the tenancy agreement free of charge within seven days of booking, unless the stay commences within one month of booking.
   3. In all other cases, the Tenant is entitled to cancel the tenancy agreement subject to payment of cancellation fees:

I) For cancellations up to 30 days before the start of the stay: a full refund of the rental fee;

II) For cancellations up to 14 days before the start of the stay: 50 per cent of the rental fee;

 

6. 4. For cancellations made within 14 days prior to the start of the stay, the full rental amount remains payable. In this case, the Tenant is not entitled to a refund.

 

7. CONDITION OF THE RENTED PROPERTY
   1. The description of the Rented Property and all facilities present therein is as set out on the Landlord’s website.
   2. The Tenant accepts the Property in good condition as it stands at the start of the tenancy period.
   3. The Property may only be used as a holiday home. No professional activity or business may be carried out in the Property, unless the Landlord has given explicit permission.
   4. A copy of the house rules is available in the Rented Property. The Tenant undertakes to comply with the Landlord’s house rules.
   5. The maximum number of people permitted to stay in the Rented Property is as specified on the Landlord’s website at the time of booking. It is not permitted for more people than the maximum number allowed to stay in the Rented Property.
   6. Pets are not permitted in the Rental Property, unless explicit permission has been granted by the Landlord.
   7. Smoking is not permitted in the Rented Property.
   8. The Property must be left in a clean and tidy condition upon departure. The kitchen must be left clean. The Tenant is responsible for disposing of household waste.
   9. If the Tenant fails to comply with any of the provisions in this clause, the Landlord is entitled to terminate the agreement and to set off any damages and additional (cleaning) costs against the security deposit or to recover them from the Tenant.

 

8. OBLIGATIONS AND LIABILITY OF THE TENANT
   1. The Tenant is obliged to leave the Rented Property in the same condition in which they found it: in good condition and free from defects.
   2. The Tenant must report any damage and/or loss occurring to or within the Rented Property during the tenancy period to the Landlord by email within 24 hours. If no such report is made, the Tenant shall be deemed to have accepted the Rented Property free of defects.
   3. The Tenant is obliged to give the Landlord the opportunity to rectify any defects.
   4. The Tenant is personally responsible for the safe use of any appliances and other items present in the Rented Property.
   5. The Tenant is liable to the Landlord for all damage and/or loss caused to or within the Rented Property during the tenancy period, regardless of whether this is the result of acts or omissions on the part of the Tenant (or their travelling companions or visitors).
   6. If the Tenant (or their travelling companions or visitors) fails to comply, or fails to comply properly, with the obligations set out in these terms and conditions of letting or the Landlord’s house rules, the Landlord shall be entitled, following a warning where applicable, to terminate the agreement and to recover the damage and additional costs from the Tenant. In such a case, the Tenant must vacate the Rented Property immediately. In such a case, the Tenant shall not be entitled to a refund of the rent.

 

9. COMPLAINTS AND THE LANDLORD’S LIABILITY
   1. The Landlord shall not be liable for theft, loss or damage of any kind during or arising from the stay in the Rented Property, except insofar as there is wilful misconduct or gross negligence on the part of the Landlord.
   2. The Lessor is liable only for direct damage. Liability is limited to the amount paid out by the Lessor’s insurer, plus the excess, except where there is wilful misconduct or gross negligence on the part of the Lessor.
   3. The Lessor shall not be liable if and to the extent that the Lessee can recover the damage under an insurance policy.

 

10. TERMINATION OF THE TENANCY AGREEMENT
    1. The Landlord is entitled to terminate the tenancy agreement with immediate effect, in writing or by email, and to demand the immediate vacating of the Tenament, if the Tenant:

- seriously fails to fulfil their duty of care with regard to the Rented Property;

- Accommodates more or different persons and/or pets in the Let Property than is permitted;

- Causes or has caused damage to the Let Property;

- Causes a nuisance;

- otherwise fails to fulfil their obligations as a responsible Tenant.

10. 2. In such a case, the Tenant shall not be entitled to a refund of (part of) the rent, and the Tenant is obliged to compensate the Landlord for all damage suffered as a result of the acts or omissions of the Tenant and/or other persons staying in the Let Property with the Tenant.
    3. The Landlord is also entitled to terminate the agreement on the grounds of exceptional circumstances or circumstances for which the Landlord cannot be held responsible. The Landlord shall ensure that the Tenant is notified as soon as possible. In this case, the Tenant is entitled to a refund of the rent paid, but is not entitled to any compensation for costs or damage.
11. FINAL PROVISIONS
    2. The tenancy agreement and the terms and conditions of tenancy are governed exclusively by Dutch law.
    3. Any disputes relating to the tenancy agreement shall be submitted exclusively to the Dutch courts.