Rental and General Terms and Conditions Villa Hunsrück
1.DEFINITIONS
1.1 Tenant: a natural or legal person who enters into a rental contract with the lessor for the offered holiday home or Villa for a particular time period and has paid the agreed rental price to the lessor.
1.2. Co-tenant: person(s) who stay at the accommodation with the (main) tenant.
1.3. Lessor: the party who rents the accommodation to the tenant.
1.4. The contract: the fixed-term rental agreement between the lessor and tenant for Villa Hunsrück.
1.5. The Rental and General Terms: the general (rental) conditions regarding the rental of the holiday home or Villa (between the lessor and the tenant).
1.6 Booking form: the form on which the tenant enters all the required details for making a rental booking for the holiday home.
1.7. Accommodation: the holiday home Villa Hunsrück only for rent for recreational use only.
1.8. Rental fee: the basic rent including any deductions and supplementary charges.
1.9. Deposit: a sum that is charged when making a reservation as an advance for any damages caused by the tenant during the stay.
1.10. Booking fees: may be charged for each booking.
1.11. Arrival and departure time: the times agreed between the tenant and the lessor.
1.12. The web address of the website is: www.villa-hunsruck.com.
1.13 Villa means or Villa Hunsrück.
- APPLICABILITY OF GENERAL RENTAL TERMS
2.1 These Rental and General Terms apply to the contract and all offers and agreements made with the tenant, as well for their services, unless explicitly agreed otherwise by the parties.
2.2 The rental and general terms are available to the tenant for concluding the contract on the website www.villa-hunsruck.com
- CONTRACT
3.1 Villa Hunsrück can only be booked via the website:
www.villa-hunsruck.com.
3.2 ONLINE BOOKING AND PAYMENT TERMS
3.2.1 Preliminary contract comes into effect between the lessor and tenant with regard to the Villa Hunsrück that is offered on the website if:
- a) the tenant accepts the Rental and General Terms of
www.villa-hunsrück.com.
- b) the tenant enters all the required details on the online booking form.
3.2.2 Every booking request received via the website is confirmed by the lessor to the tenant by e-mail. This means that the booking has been received and is being processed.
3.2.3 At that time the booking is binding for the tenant. The legal right of withdrawal (cooling-off period) does not apply to the agreement.
3.2.4. After receipt of a reservation inquiry, the lessor checks the correctness of the booking and verifies the availability of Villa Hunsrück in question. If the inquiry is correct and if the
Villa is available, the tenant receives a quote by e-mail stating which period and at what price the Villa is available.
3.2.5. The tenant should check the quotation for correctness. Inaccuracies must be notified at the latest within 24 hours of receipt of the quotation.
3.2.6. If the tenant agrees, he receives an invoice of 50% of the quote. This amount must be payed immediately (at the latest within 5 days) via one of the payment methods detailed on the invoice.
At the latest 60 days before the start of the rental period, the remainder has to be paid, including the deposit.
3.2.7. As soon as the first payment (50%) has been irrevocably credited on the lessor’s account, the suspensive condition,
as referred to under 3.2.1. and the contract is definitely concluded.
3.2.8. If the tenant does not pay the first invoice (50% of quote) within 5 days, no definite agreement has yet been concluded. In this case the lessor reserves the right to enter into an agreement with another candidate tenant for the provisionally reserved period.
3.2.9. If the tenant does not receive a receipt confirmation by email within 48 hours after sending, something may have gone wrong with the inquiry. The tenant should contact the lessor
by e-mail, otherwise the booking cannot be validated later.
3.2.10. The deposit will be included in the quote. Payment is due together with the balance of the rent, not later than 60 days before the start of the rental period. The lessor will mail a reminder for the last payment in time.
The lessor will arrange the transfer of the key with the local
representative nearby.
On departure day, when the key is handed over to the local representative, the deposit will be transferred to the bank account of the tenant (if applicable in deduction of costs caused by the tenant to the building or furniture) within 14 days.
3.2.11The lessor is entitled to refuse the booking without stating reasons. The legal right of withdrawal (time for consideration) does not apply to the agreement.
3.3 RESERVATION BY TELEPHONE
Reservations for the Villa cannot be made by telephone.
The entire reservation cycle is automated as much as possible.
You can send an email to info@villa-hunsruck.com
3.4 USE
The agreement concerns the rental of an accommodation for recreational use only.
The Villa may be used by the maximum number of 6 people only.
The inventory is provided accordingly.
3.5 DEPOSIT
The owner charges the tenant a deposit. The deposit is payable at last 60 days before the start of the rental period (together with the remaining amount of the rent.
After departure the local representative will check the Villa and gives confirmation if everything is OK.
After departure, the deposit will be transferred to the tenant’s bank account within 14 days. Any costs for damages, defects, loss of inventory items or disproportionately
high energy usage, will be deducted. This deduction is gauged and at the discretion of the owner.
3.6 RESERVATION FEES
In special situations the tenant will charge reservation fees.
3.7 USE OF THE SAUNA
The reservation of the sauna is not included in the rental contract. For use of the sauna we will charge you a fee per time slot (3 hours). You can also rent bathrobes. If you would like to use the sauna, please notify the local representative and indicate the time period required. The rent for sauna and/or bathrobes is payable in cash to the local manager immediately upon reservation.
The local representative will start up the sauna at the required time slot. The sauna switches off three hours after the indicated start time.
The tenant responsible for meeting the health requirements for sauna use. The lessor does not accept any liability for this.
The lessor is in no way liable for incorrect and/or physically irresponsible use of the sauna by the tenants.
The lessor is not obliged to pay any compensation for injudicious or medically irresponsible use and excludes any liability for compensation for damage suffered by the tenant, including reimbursement of the rental fee.
CANCELLATION OR AMENDMENT OF THE AGREEMNT.
4.1 CANCELATION BY THE TENANT
The tenant is NOT entitled to cancel a reservation after payment.
Th tenant himself will take care of a cancellation insurance which, in case of force majeure or unforeseen circumstances, as a result of which the tenant cannot fulfill the agreement, will compensate the landlord and/or the tenant.
4.2 Cancellation by the lessor
4.2.1. In the case of force majeure or unforeseen circumstances, the lessor can cancel the
reservation.
Such circumstances include for example:
- a) if the holiday home or Villa is no longer suitable for rental at no fault of the lessor (e.g. water damage, fire etc.).
- b) if the holiday home or Villa can no longer be rented owing to the sudden sale of the accommodation by the lessor, double placed reservation or insolvency of the lessor.
4.2.2. The lessor will immediately inform the tenant in writing without delay, specifying the reasons.
4.2.3. The lessor will then refund the rent already paid, without any compensation, into the account of the tenant, within 5 days after notification of the cancellation.
4.2.4. The lessor is never liable for the costs of any services rendered by the tenant himself (such as airline tickets, rental car rental, ferry tickets bus trips e.s.o.)
4.3. amendments to the agreement
4.3.1. After the invoice has been drawn up, the tenant cannot request any further changes to the reservation.
4.3.2. If a co-tenant from the group is unable attend, the vacant space can be taken by another person, provided he meets all the conditions attached to the agreement.
4.3.3. If an extra co-tenant is added additional costs me be charged by the lessor.
4.3.4. When the tenant is unable to stay, the vacant space can be taken by someone else. In this case, reservation is transferred to this other person. For such a change, the conditions regarding in “Transferring the booking” apply as set out below in articles 4.3.5 and 4.3.6.
4.3.5. If the booking is transferred entirely to another group, the lessor can change the reservation if the lessor permits this change.
The lessor can refuse the transfer of the reservation to
another group without specifying the reasons.
The following condition applies: the tenant notifies the lessor in writing.
4.3.6 The rent already paid will be deemed to have been paid by the acquiring party. The transferring party and the acquiring sort this out between themselves.
If the lessor refuses the other group, no compensation is owed to the tenant, not even for the rent also payed.
- RENT AND PAYMENT
5.1 50% of the rent must be paid by the (main) tenant within 5 calendar days after receipt of the electronic invoice. This is in accordance with articles 3.6 to 3.10. The
Balance of the invoice, including the deposit, must be paid not later than 60 days before de start of the rental period.
5.1. The stated prices are per week, mid-week or weekend. It is possible to make a request
for a specific number of nights, but it must be a minimum of 3 consecutive nights.
5.2. Unless agreed otherwise, the invoice is made:
− based on the rental price for Villa applicable during the confirmation,
−including VAT,
– including booking fees (if applicable).
– including bedding and final cleaning
– including the deposit, but
– excluding any additional costs, such as (sauna use and bathrobes)
– excluding any tourist tax due
5.3 The exact details of the fees due on arrival are stated on the website. It is possible that the costs change between reservation and arrival on site and/ or new governmental
levies become applicable. The costs applicable at the time of arrival are valid. The lessor is
not liable for such changes as they are beyond the control of lessor.
5.4 If exceeding the agreed payment deadline, the tenant is considered to be in default
without the lessor needing to send a notification.
5.5 As soon as the tenant is in default, the lessor is entitled to cancel the agreement. The tenant does not owe any cancellation costs in that case.
5.6 In case of later arrival or premature termination of the stay in the villa, the full rental fee remains due.
- ACCOMMODATION, USE AND SMOKING PROHIBITION
6.1 Condition of the Villa and nature of use
6.1.1. The Villa is made available to the tenant and co-tenants in a clean and well-maintained condition.
Is the tenant of the opinion this is not the case, he must report this immediately to the local representative.
6.1.2. The tenant is obliged to carefully inspect and treat the rented property and inventory.
On departure, the tenant will leave the rented property in an orderly broom clean condition. Crockery and accessories
are returned clean and dry in the designated cupboard space. Moved furniture must be returned to its original location. All damages, defects or missing items must be reported to the
local representative before departure.
6.1.3. If the Villa is not left clean or with damage to, for example the inventory, part of or the total deposit, as referred to in Article 3.5, can be withheld. This is beyond the liability of the tenant to pay the actual damage suffered by the tenant.
6.1.4. The Villa may only be used for recreational purposes, unless explicitly agreed otherwise in writing. Recreational purposes in any case do not include the use of the Villa during the period that one or more of the users of the Villa performs or carries out work, regardless whether it takes place during employment or outside employment.
6.2. Smoking
6.2.1. Smoking is prohibited in the Villa. Contraventions incur a penalty charge.
The Villa is fitted with smoke alarms. If the smoking prohibition is contravened, the local police will be notified. The Villa is a non-smoking zone.
6.2.2. If case of violation of the smoking ban, the agreement will be dissolved with immediate effect and access to the Villa for a further stay will be refused.
In this case, the lessor in not obliged to pay any compensation to the tenant, in such a case not even for the rent already received.
6.2.3In case of fire as a result of negligence, the tenant will be held liable for the damage.
The tenant is liable for all the cleaning costs as a result of the violation of the smoking ban.
.
6.3. Maximum number of persons/visitors permitted
6.3.1. Use of the Villa by more than the permissible maximum
number of persons (including children), as specified on the website and in the booking confirmation, is not permitted. In this case, the lessor can refuse the tenant(s) to enter the villa. The tenant cannot claim any compensation.
6.3.2. Without prior approval it is not allowed to receive visitors or have them stay overnight.
6.3.3. The (main) tenant bears the full responsibility for all persons present at the villa during the contract period.
6.4. Enclosed rooms
It is not allowed to open closed spaces in the Villa.
6.5 Departure
When leaving the Villa, even for a short period, it must be completely locked. In the event of theft or loss of items after neglecting to lock the Villa, the tenant is liable for the resulting
damages.
6.5 Arrival in and departure from the holiday home and departure
Arrival and departures take place on the dates stated in the booking confirmation. The tenant occupy the Villa on arrival date from n 14.30 and 15.30 or from 18.00 and 20.00.
Departure must take place before 10.00 a.m.
Upon arrival, the (main)tenant checks whether the Villa and inventory are complete and undamaged. If something is damaged or missing, the tenant must report the local
representative within 24 hours of arrival. He will do his utmost to repair or supplement it.
The (main) tenant timely informs the local representative of the planned time of departure.
- PETS
Pets are NOT allowed in Villa Hunsrück.
Bringing in pets unannounced can be a reason for the lessor or the local representative to refuse access to the accommodation. The lessor is then not liable to pay any compensation and excludes any liability for compensation and excludes for damages suffered by the tenant, including repayment of the rental fee.
- COMPLAINTS
8.1 Any defects tin the Villa fount by the tenant must be reported to the lessor’s local representative immediately and within 24 hours after occurrence or discovery.
8.2 If the defect concerns properties or conditions of the Villa attributable or not attributable to the lessor, as a result of which the Villa does not provide the tenant with the enjoyment he could expect on the basis of the agreement, the lessor is obliged to correct the defect. The tenant must always give the
lessor the opportunity to repair any defects.
8.3 If, in the opinion of the tenant, the complaint is not adequately resolved with satisfactorily by the local
representative, the latter will contact the lessor in a situation as referred to in in article 8.2 and mediate between the tenant and the landlord in order to seek a mutually acceptable solution.
9.4 The lessor is liable, subject to the restrictions detailed below, if the tenant suffers financial loss as a result of an attributable failure by the lessor in the fulfillment for his obligations under the agreement.
8.5 Liability for damages and costs incurred by the tenant(s) carrying out their job or profession is excluded, insofar as the lessor has not committed gross negligence.
8.6 Regardless of the specifications in the previous paragraphs of this article, the liability of the lessor for damage other than caused by injury or death of the tenant is limited to a maximum of the total rent paid, unless there is an intent or gross negligence on the part of the lessor.
8.7 A complaint communicated to the lessor that has not been resolved to the satisfaction of the tenant must be submitted within 4 weeks d to the lessor within 4 weeks after the date of departure from the Villa. Photographs and other evidence must be appended.
8.8 Complaints submitted later will not be processed.
- Liability of the lessor
9.1 The lessor is not liable for loss and/or theft (including money), damage to property, damage or injury caused to the tenant by whatever cause.
9.2 The use of all facilities (including the sauna and whirlpool) and services in/at the Villa is entirely at the tenants own risk.
9.3 The lessor is not liable for claims for damages suffered because the rented Villa does not meet the requirements or wishes of the tenant.
9.4 The lessor cannot accept any liability for unexpected (construction) activities in the vicinity of the Villa, work on access and/or main roads, noise nuisance or example
Neighbors, church bells, cars, trains or agricultural vehicles, nuisance caused by vermin and/or environmental problems in the vicinity of the accommodation.
9.5 Evident errors or mistakes on the website(s) do not bind the lessor.
9.6 The lessor is not responsible for the the correctness of (photo) material provided and or composed by third
parties.
9.7 The website contains hyperlinks to other websites. The lessor is not responsible for these links and accepts no liability whatsoever with regard to the legality, availability and correctness of the data on these websites. The content of these webpages is never part of the contract.
9.8 The tenant is deemed to be aware of local laws and regulations. The lessor is not liable for the consequences of any violation thereof by the tenant.
9.9 The lessor is in no way liable for damage that can be claimed due to an insurance policy such as a legally required third-party liability insurance, travel insurance or
cancellation insurance.
9.10 Without prejudice to the provisions of article 6, the lessor is free to give the (main) tenant additional regulations regarding the use of the Villa and everything that goes with it.
10.Liability of the tenant
10.1. During the stay, the tenant is jointly and severally liable any damages caused to either to the Villa, the furnishing and all items belonging to the booked property, regardless of who caused the damage. In the first instance the settlement of such damages must take between the local representative and the (main) tenant.
10.2. In case of incorrect use or incorrectly leaving the rented Villa behind, any costs incurred are charged to the (main) tenant.
10.3 If the damage has not been settled with the local representative, the lessor is entitled to hold the tenant liable for the damages cause. All associated costs are for the account of the (main) tenant named on the confirmation invoice.
- PPRIVACY and DATA PROTECTION
The personal data entered in respect of the reservation will be used for processing the reservation. If a change occurs in the information already provided, the tenant is obliged to immediately notify the lessor in writing.
The information will also be included in the lessor’s customer database for the purpose of communication between the lessor and tenant regarding the reservation (e.g. the invoicing, sending the necessary information regarding the reservation etc.).
If the tenant no longer wishes to receive information about the Villa after his stay in the Villa, the tenant can notify this
By sending an email via the website. In the context
Of the Personal Data Protection Law, we provide your personal data to third parties.
See on this subject also our privacy police as included in the website.
- APPLICABLE LAW
12.1. Dutch law applies to agreements concluded, amended or supplemented on the basis of these general rental conditions, unless other law applies on the basis of mandatory rules.
12.2 All disputes regarding the agreement are submitted exclusively to the competent court in ‘s-Hertogenbosch, The Netherlands, provided it is not a dispute for which the parties
cannot choose the responsible court. In that case the court determined by law is responsible.
- Termination of the agreement
13.1. The lessor is entitled to cancel the agreement in writing by e-mail with immediate effect and to demand the immediate eviction of the Villa, if the tenant seriously neglects his duty of care for the Villa, if he has more or other people and/or animals in the Villa according to the agreement, or if he causes damages to the Villa, if he causes nuisance, or otherwise fails to fulfill his obligations as a good tenant in any . In such as case, the tenant is not entitled to a refund of the rent (not even partially) and the tenant is obliged to compensate the damage the lessor suffers as a result of the tenant’s acts or omissions.
13.2. If the lessor cannot deliver the Villa due to circumstances that cannot be attributed to him, the lessor is intitled to terminate the agreement. In that case the rental fee is refunded to the tenant, but is not entitled to any compensation for costs or damage.
- FINAL CLAUSES
14.1. The tenant is not permitted to sublet the villa or to otherwise use it or make it available to third parties.
14.2. If the lessor refers to a clause of the general (rental) conditions in a case, but then deviates from this clause, this does not mean that he will no longer be able to rely on these general rental conditions in the following cases
14.3. All the offers, agreements and the implementation thereof, to which these rental conditions apply in full or in part, are exclusively subject to the information mentioned on the website, the policy statement and these rental-and general conditions.