General terms and conditions for the rental of the holiday apartments at Landgoed Anna's Parck
1. Duties of the Host: The Host is obliged;
To make the accommodation available on time, as agreed by both parties in the signed rental agreement;
To make the apartment available for rental in good condition and complete with inventory;
To have the appropriate property and contents insurance in place for the accommodation and inventory, which also covers damage during the rental period which has nothing to do with the Guest.
To ensure that the manager of the terrain and/or owner allows the Guest access to the terrain where the accommodation is located;
To provide full instructions in advance for the use of the accommodation and related matters.
2. Duties of the Guest: The Guest is obliged:
To pay the rent and security deposit and any cancellation costs that are due, even if he/she does not use the apartment or uses it for a shorter period;
To use the accommodation carefully, as a good resident, in accordance with its purpose and generally accepted standards;
To follow the instructions of the Host;
Not to allow others to use or rent the accommodation;
To ensure compliance with the regulations covering the terrain and property by the group which he/she forms part of;
To return the accommodation on time and in the same condition as at the start of the rental period, with the exception of normal wear and tear. Items which are lost, broken or become unusable during the stay will be reimbursed to the Host at retail price.
3. Security deposit
At the start of the rental period, the Guest will pay a security deposit to the Host. This will be repaid by the Host to the Guest, without deduction of administration costs or similar, subject to the deduction of any amounts that are owed by the Guest.
4. Cancellation by the Guest
The Guest must perform any cancellation in writing, by registered letter.
In the event of cancellation, the Guest is liable for the following cancellation costs;
15% of the full rental price in the case of cancellation longer than three months before the commencement date of the rental period;
50% of the full rental price in the case of cancellation longer than two months, but shorter than three months before the commencement date of the rental period;
70% of the full rental price in the case of cancellation longer than one month, but shorter than two months before the commencement date of the rental period;
90% of the full rental price in the case of cancellation more than one day, but not longer than one month before the commencement of the rental period;
100% of the rental price in the case of cancellation on the commencement date of the rental period.
If the accommodation is re-let to a third party by the Host for (part of) the same period, the cancellation costs will be reduced by a maximum of 15% of the rental price which the original Guest was liable for.
The Host is entitled to charge the Guest an amount of €35, together with all the reasonable costs incurred in relation to the cancellation.
If one of the parties fails to comply with his/her obligations, the other party is entitled to terminate the agreement in whole or in part, unless the failure to comply is of exceptional nature or minimal significance. Termination gives rise to entitlement to a claim for compensation for any damage, unless the non-performance can be attributed to the party making a claim. If the holiday is wholly or partly ruined by the failure to perform, the Guest is entitled to claim compensation for damages for this.
In the case of termination or partial termination resulting from a failure to perform by the Host he will make repayment of any rental and security deposit paid in relation to the termination and any compensation payable to the Guest.
If the accommodation is not returned on time for use by the Host, then the Host is entitled to the percentage of the rental amount for the period involved divided by the maximum number of booked accommodation days, without prejudice to his full entitlement to complete compensation for damage, as referred to in clause 1.
If the Guest clears up the accommodation later than agreed, then the Host is entitled to an equivalent increase in the rental amount and compensation for the damage arising as a result during the rental period, and the entire rental amount in the case of cancellation by the following Guest due to it being impossible to make the accommodation available to them.
6. Expenses during the rental period
The necessary expenses for normal maintenance and repair are to be borne by the Host. The Guest shall contact and obtain permission from the Host prior to giving any instructions for maintenance or repair of the accommodation, or of assets appertaining to it such as inventory and contents. The costs will be reimbursed upon the presentation and submission of specified invoices drawn up in the name of the Host.
The Guest will consult with the Host in the event of any damage due to loss, seizure and material damage to the accommodation, the inventory and related items. The Guest will adhere to the instructions of the Host.
The Guest is responsible for damage arising during the rental period and related costs such as replacement, unless the damage is covered by the insurance policy entered into for the accommodation, in accordance with this agreement. The maximum amount is the insurance excess plus ancillary costs such as the purchase of new inventory and related items.
If the Host is charged for the insurance excess this will be recoverable from the Guest.
8. Applicable law and resolution of disputes
Dutch law is applicable to this agreement. Only a Dutch court is competent to hear any disputes. If an arbitration committee is competent to hear a matter, the dispute can also be presented to that body, provided that the Host agrees to this.