Terms and conditions Azurselect
ARTICLE 1 - Introductory provisions
ARTICLE 2 - General conditions of the order
ARTICLE 3 - The reservation
ARTICLE 4 - Payments
ARTICLE 5 - Liability
ARTICLE 6 - Documents
ARTICLE 7 - Interest and collection costs
ARTICLE 8 - Complaints
ARTICLE 1 - Introductory provisions
- In these Terms and Conditions, the following definitions apply:
Travel Agent: one who advises in the course of his business, informs and mediates the formation of contracts in the field of travel.
Service provider: the carrier, accommodation provider, tour operator and/or other service providers in the field of travel, in the broadest sense of the word, with whom the client enters into an agreement and who, in compliance with the applicable conditions, is responsible for the implementation of the service.
a client, or
- recipient of the services provided by the travel agent and who has accepted that arrangement.
Contract: the contract between the client and the travel agent, whereby the travel agent undertakes to supply services in traveling, in the broadest sense of the word, to the client.
Business days: the days Monday to Friday from 09:00 to 17:30 and Saturday from 10:00 to 16:00, except official holidays, unless the agent expressly indicates that other opening hours apply to him.
- The travel agent (or agency) is a service provider in the field of travel. He can inform, advise and make reservations.
The agent provides these services on behalf of the client.
The booking terms and conditions apply to all services of the travel agent.
There are some exceptions.
- The travel agent can make a reservation for the client.
He arranges an agreement between the client and the service provider chosen by the client.
The agent itself is not a party to the final agreement.
For example, he can make bookings for individual tickets, train tickets, theater tickets and hotel rooms, and arrange insurance for the client.
- The travel agent is not liable for the proper performance of the through him reserved services.
Liability lies with the service provider, such as airline or hotel owner.
The travel agent is of course responsible for the proper performance of the services they rendered, as for right advice and proper handling of the reservation.
- The travel agent may, subject to prior notice to the customer, bring charges for his services.
ARTICLE 2 - General conditions of the order
- The contents of the contract may include, among other things, to inform and advise the client, as well as to reserve for the client the services desired by him.
- The client is bound towards the travel agent and service provider after the giving of the order, regardless of whether a confirmation is given immediately.
- By booking through the Internet the travel agent directs the booking process so that the client enters into an agreement before he confirms the reservation.
With the confirmation of the booking by the travel agent, the client is bound by this agreement.
- The client is liable both towards the travel agent and towards the service provider for the obligations arising from the contract.
The other clients are liable for their share of the contract.
ARTICLE 3 - The reservation order
- Information obligation of the client
The client shall, for the conclusion of the agreement and its implementation, provide necessary information about himself and the (possible) other passenger(s) to the agent.
This can include the number of his mobile phone and e-mail address.
The client will provide information about himself and his notified clients regarding their physical and/or mental situation, about other relevant - including medical - aspects, as well as reduced mobility, or the need to accompany minors and/or disabled clients, pregnant women, sick and other fellow clients.
If the client falls short in providing this information, any resulting negative financial impact are for his account.
- Price changes
The prices of reserved services are in accordance with the terms of service, subject to change.
These changes will be communicated and invoiced as soon as possible.
- Cancellations/changes by the client
Any cancellations or changes in the order given(s) can only be submitted on business days and only at the request of the principal client.
If upon request of the client the booking is cancelled or amended, the related costs are charged.
That may include the costs incurred by the travel agent to make the cancellation or amendment in addition to the fees charged for the cancellation and amendment of the reservation.
- All communications from the travel agent or service provider will be directed to the client.
ARTICLE 4 - Payments
- The amounts due are to be met within the period specified by the travel agent The travel agent is entitled, - if necessary in the name and for the account of the service provider, - to collect the amounts due.
- The travel agent can require a down payment with the reservation.
- The travel agent shall receive the remainder of the amount due on the date specified in the confirmation or invoice.
If there are any deviations between the confirmation and the invoice, the information on the confirmation applies.
- If the down payment is not made in time, the agent sends a free reminder on the expiry of that date and gives the client the opportunity to make payment of the outstanding amount within seven days of receipt of this reminder.
If payment is still not made, the client is in default and the agreements are considered cancelled, unless the conditions of the service provider(s) (if any) concerned provide otherwise.
The agent then has the right to charge the costs associated with the cancellation.
- Any refunds are made solely to the client.
ARTICLE 5 - Liability
- The travel agent will exercise its work with good care.
- The agent accepts no liability for the acts and/or omissions of the service provider(s) concerned as referred to in article 1, paragraph 1, nor for the accuracy of the information provided by this service provider(s).
The travel agent is not responsible for photos, brochures, advertisements, websites and other media provided under the responsibility of third parties that are produced or published.
- As far as the agent itself is attributable inadequate, and the client suffers damages (including damages for loss of enjoyment), the liability of the agent is limited to the invoiced services.
- The liability for damages for which the client is insured (for example, by closing a travel and/or cancellation insurance or health insurance), as well as liability for damages suffered by the client in the context of the exercise of a profession or business (including damages by missing connections or failure to arrive at the destination), is excluded.
- The travel agent is not responsible for any commitments made by its staff and/or third parties, which deviate from the conditions stated in these terms and conditions or in the conditions of the responsible service provider unless such promises are confirmed in writing.
- The exclusions contained in this article and limitations of liability also apply to the staff of the travel agent.
ARTICLE 6 - Documents
- The client is responsible to obtain the necessary information regarding passports, visa and, if necessary, formalities with regards to medical requirements from the authorities concerned before departure.
- The client is responsible for carrying the necessary documents, such as a valid passport or, where permitted, an identity card, any required visas, proof of vaccinations, drivers license and green card.
- If the client is not (entirely) able to make the trip for lack of any (valid) document, all the associated consequences are for clients account.
- By or through the travel agent, the client can be provided with information on the possibility to close cancellation, damage and/or travel insurance.
ARTICLE 7 - Interest and collection costs
- The client who does not meet the financial obligation to the travel agent on time is due a statutory interest on the outstanding amount, unless the conditions of the respective service provider prescribe a higher interest rate.
- Furthermore, the client is obliged to pay extrajudicial collection costs made by the travel agent or service provider. These costs can be up to 15% on amounts to € 2,500.00; 10% over the next € 2,500.00 and 5% on the next € 5,000.00 with a minimum of € 40.00. The travel agent can differ from these amounts and percentages in benefit of the client.
ARTICLE 8 - Complaints
- Complaints about a booking and/or written information by the travel agent, shall be submitted to the travel agent within one month of reception of the information or booking the complaint relates to.
- The travel agent will provide a written response no later than one month after receipt of the complaint.
Additional regulations rent holiday homes
General rental and payment conditions
1.0 General introduction
1.1 Your arrival and departure
1.2 Your reservation and payment
1.3 Right of withdrawal
1.5 Deposit - Damage
1.6 Modification costs
1.7 Additional costs
1.8 Client wants to cancel
1.9 Mediator must cancel
2.0 Client - Rented object
2.2 Your pet(s)
2.3 Linen and towels
2.5 End cleaning
2.6 Additional conditions
2.7 Liabilities and indemnification
1.0 General introduction
In these additional regulations and general rental conditions the following definitions apply:
Client: the person making the booking and who is seen as the main client, also responsible for the booking and the rental object.
Homeowner: the property owner, who is responsible for delivering a proper holiday home to the client as described on our website.
Azurselect: intermediary that mediates between the homeowner and the client, hereinafter referred to as the mediator.
These general rules apply to all reservations and bookings made through the mediator and the website(s) that are directly part of his company.
For every holiday home different rules, which are listed on the holiday home page-profile, can apply.
This information is considered binding and assumed to be known during the booking by the client.
The mediator provides housing from private owners, but also from commercial organizations.
This may have as consequence that the implementation of the booking is executed through another organization(s) than mediators, both in the Netherlands and at the place of destination.
Prices listed on our website(s) are in Euros unless otherwise stated.
Rental periods run as stated on our website(s), unless otherwise agreed in writing.
The rented property/holiday home means the holiday home as mentioned on our website(s), with associated facilities.
The possibility exists that the homeowner has closed for usage a certain part of the holiday home; when this is the case it will be listed on our website.
The stated number of bedrooms and bathrooms are the ones available to you.
In some cases, when the rented object is a studio, which mentions 1 bedroom available, this can also refer to a partition within a larger space used for sleeping.
1.1 Your arrival and departure
The exchange day of a rented holiday home can be found on the information page.
For weekly rentals the exchange day is usually Saturday; when this is different for a specific accommodation then this is listed on the website in the description or under "important information".
You can receive the keys between 16:00 and 20:00 from the manager of the property or the homeowner.
If you arrive at deviating hours, there may be extra charges.
Contact details can be found on the travel voucher, which we will send you 2 weeks before arrival.
In the travel voucher you will find a brief route description and an emergency number in the Netherlands, which you can call in case of a problem.
Only the homeowner or his manager can approve a different time of arrival or departure.
The mediator and its employees do not have any jurisdiction in this regard, and there can never be a claim regarding telephone commitments, which are not confirmed in writing by the mediator.
1.2 Your reservation and payment
The mediator has the right to change rental prices in between, but only if there are at least 6 months between the arrival date and the date of the booking.
If this is the case the client has the right to cancel the booking without charges; except for the reservation fee, all payments will be refunded within 5 days.
Client can book online through our website (this is preferred) after which the reservation is pre-confirmed immediately.
We also offer the possibility to make reservations by phone, however in that case you are responsible for any errors in your data.
For online reservations we record your IP address (see privacy statement).
The mediator checks every reservation with the homeowner before fully confirming your reservation.
The reservation will be canceled automatically if the house is not available in the booked period.
After the mediator has confirmed your reservation it becomes a booking.
The mediator can charge a reservation fee, which is listed in the cost overview that you see before confirming the reservation.
A down payment of 35% is required with every booking, which is listed in the cost overview that you see before confirming the reservation.
Client can make the down payment immediately online, or can opt to receive an invoice, which must be paid into the mediator’s bank account within 7 days.
The remaining amount of your holiday home rent is due 8 weeks before arrival and can only be paid by bank transfer.
Payment of the final payment by credit card is not possible..
The deposit, as listed on the website(s) under "important information", must be paid 8 weeks prior to the arrival date into mediators bank account, unless it is explicitly stated that the deposit is payable in cash upon arrival.
The mediator does not accept any liability if the deposit is not paid in full or is not paid on time.
This may be a reason for the homeowner to deny access.
Bookings made with an arrival date within 42 days fall under the category of "last minute" and then the total rental amount is due within 2 days of the invoice date.
When you do not properly comply with the payment regulations you will receive a payment reminder.
If the settlement is not received within 7 days after this reminder, the mediator is entitled to consider the booking as cancelled, and payments are due according to the cancellation policy in these terms and conditions. (See cancellation policy)
Banking fees for money transfers are for the cost of the client.
1.3 Right of withdrawal
Our services preclude from the Right of Withdrawal, according to European regulations.
Preclusion from the right of withdrawal is only possible for services:
- relating to accommodation, transport, restaurant business or leisure activities to be carried out on a given date or during a given period;
- the supply of which commenced, with the explicit consent of the consumer, before the withdrawal period had lapsed;
- relating to bets and lotteries.
For renting a holiday home the right of withdrawal is precluded because the supply of which commenced, with the explicit consent of the consumer, before the withdrawal period had lapsed;
1.4 Damage insurance house
The damage insurance house that you took out when booking the villa or apartment on our website covers you for damages up to €1000.
We recommend that you take out damage insurance or liability insurance for damages exceeding €1000
1.5 Deposit - Damage
The homeowner will in all cases require a deposit.
The homeowner indicates how the mediator can handle the deposit.
Often the homeowner asks the mediator to manage the deposit.
If the homeowner requests to pay the deposit on arrival, this is mentioned on our website at the house profile.
In most cases, a homeowner can NOT accept credit card payments.
The moment for payment on arrival is when you take delivery of the key.
You are in all cases responsible to inspect the holiday home for defects.
If defects are found it is wise to take pictures and make a written statement with the house manager or homeowner.
The mediator does not accept any liability for disputes about defects, so please carry out the inspection on arrival with care.
If the mediator manages the deposit, it will be refunded within 2 weeks after departure from your holiday home into your bank account except if the homeowner informs us of damages.
You will receive an email asking for your IBAN number within 1 week of your departure.
The mediator is contractually bound with the homeowner to send them the deposit upon their first request.
If the homeowner requests the deposit from the mediator and gives notification of damages, the mediator will notify the client by email.
If damage occurs the homeowner will need some time to have the damage appraised by an expert or company; the maximum time limit for this is 4 weeks.
If the amounts of the damages caused are higher than the deposit paid, the homeowner has the right to recover the excess from the client.
The settlement of the damages is a matter between the client and the homeowner, and an insurance company if applicable.
The mediator can mediate where necessary, but will not play a role in the assessment and handling of damages.
If there are additional costs such as electricity, pool heating, cleaning, telephone use, and other matters as stated on the website(s), then the mediator is entitled to deduct these costs from your deposit and pay back the difference.
In the event that the owner will refund your deposit by bank transfer, you should inform him of your banking details.
Deposit payment and refund is always a matter between client and homeowner.
The mediator has, despite the fact that they manage the deposit at the request of the homeowner, no control over the deposit.
Damage or disputes about damages does not permit the client to name the mediator in any form of publication, in the media, or on the Internet.
If the client does not abide this, all direct and indirect damages arising from the mentioning of the name and/or website(s) are for clients responsibility.
In all cases the payment of deposits and the handling and payment of damages are a matter between client and homeowner.
1.6 Modification costs
Changes to a booking are only valid if they are accepted and confirmed in writing by the mediator; a change fee of € 25 is applicable.
Changes to cancel the booking fall without exception under the cancellation policy. (See "if you wish to cancel").
1.7 Additional costs
Additional costs include all costs that are published on the home profile page and which are not included in the holiday home rent.
When the client makes the reservation he is indicating to be aware of these costs and to accept them.
If not explicitly stated on the home profile page normal consumption of electricity and water is included in the rent.
Heating and/or pool heating are mostly a surcharge and the fees are to be found on the home profile page.
The additional costs are to be paid in full on arrival unless otherwise agreed in writing, and mentioned as such on your confirmation.
It is not permitted unless specifically authorized by the homeowner in writing to use the house phone.
Use of the house phone without permission may result in a delay of the refund of the deposit, as the phone bill will be received after one month.
The charges incurred by the client are then deducted from the deposit.
If there is an Internet connection the usage is usually included in the rent, unless stated otherwise.
The mediator can never accept responsibility for the improper functioning or failure of an Internet connection.
Even though we mention Internet connection or "WIFI", the mediator cannot accept liability for the presence or absence of wireless Internet.
Bed linen rental is always extra unless the site explicitly states that this service is included.
For reasons of hygiene it is standard practice that you bring the linen for babies yourself.
Additional costs must in most cases be paid upon arrival
1.8 Client wants to cancel
You can cancel only by email on business days.
Our business days are Monday to Friday from 09:00 to 17:30 and Saturday from 10:00 to 16:00, except for official holidays.
In exceptional cases the client can propose an alternative client; this is only acceptable if the mediator has received written permission from the homeowner, who already received the name of the client and composition of the party with the booking.
In this case a change fee of € 25 is applicable.
You will still need to fulfill your payment obligations after cancelling.
Cancellation costs are:
If canceled up to the 42th calendar day (exclusive) before the day of arrival: the deposit.
Cancellation from the 42th calendar day (inclusive) until the 28th day (exclusive) before the day of arrival: 60% of the holiday home rental.
Cancellation from the 28th calendar day (inclusive) until the day of arrival:
the full holiday home rental.
Always close cancellation insurance, you can never be sure of the situation within your family, relatives and circumstances that may force you to cancel your vacation.
1.9 Mediator must cancel
In case we are forced to change or cancel the booking, we reserve the right to offer a comparable or better holiday home.
Conditions which force the mediator to take these measures may include: natural disasters, storm and water damage, activities which make the use of the property impossible, death of the owner or one of his relatives in the 1st or 2nd degree, sale of the property, divorce, war, strikes or if the mediator has reason to believe that the homeowner can not meet the obligations prescribed and/or quality of the property
If the mediator cannot succeed to offer a comparable or better property the mediator will then refund payments made so far.
Client is never entitled to amounts higher than paid so far for this booking to the mediator.
If the client has rented two independent holiday homes, for example, in two consecutive periods and the mediator is forced to cancel one of these, the agreement for the other holiday home remains in force.
Client can only cancel the other property subject to the conditions set out in section 1.8.
2.0 Client - Rented object
Client has the duty to give correct information regarding the client's party and the rented property may only be occupied and used by the persons whose information was submitted.
It is not permitted to deviate herein with the number of persons, unless the homeowner gives prior written consent.
It is not allowed to set up tents and/or create other sleeping facilities on the property unless approved by the homeowner in writing.
If the client fails to respect these rules the homeowner has the right to terminate the booking immediately and the client is responsible for all damage resulting therefrom.
Organizing parties, weddings and such is only permitted if the owner has given written consent for this, and the mediator has confirmed this in writing to the client.
In all cases, the main client is liable for ALL persons who are admitted to the rented holiday home.
Despite the fact that we select, assess and inspect the houses very carefully it can happen that upon arrival you found a situation that is not to your satisfaction.
Firstly report this to the homeowner or the house manager and try to work this out in good cooperation.
Should this fail, report the complaint within 48 hours in writing by email to [email protected], and possibly by telephone at +31 85 2081119
Complaints regarding cleaning should be made known immediately upon arrival.
Clients must allow a reasonable period for the complaints to be resolved.
It is up to the discretion of the mediator to attend to complaints that have not been submitted to the mediator in writing within 48 hours.
2.2 Your pet(s)
Pets can only be allowed with the homeowner's consent, and only if this is confirmed in writing by the mediator.
On the home information page of the house you can find out if a homeowner allows pets, but this does not give the guarantee that you will be admitted with your pet.
In all cases, including when the homeowner allows pets, you should indicate that you want to bring a pet when making the reservation; some homeowners set restrictive conditions, such as only small pets, or just one pet.
The possibility exists that when booking with pet(s) the mediator has to ask for further detailed information.
This can only be done in writing; if the information you provided proves to be inaccurate during your stay, the homeowner is entitled to terminate the booking with immediate effect.
Mediator cannot accept any liability for incorrect information and there will be no refund of any money if the booking is terminated for that reason.
The homeowner has the right after getting the information to refuse your booking.
Pets are never allowed in bedrooms, in or around swimming pools, or to lie/sleep on furniture.
Damage to the holiday home and garden that are caused by pets are your responsibility.
By bringing pets along additional cleaning costs can arise.
2.3 Linen and towels
Holiday homes often provide bed linen and/or towels for rent or free of charge (see property information).
If there are additional costs, they are listed on the website(s).
When renting the linen package always bring some towels; beach towels are not included in a linen package and towels are often NOT included in your linen package.
If towels are part of the linen package, this is usually one large and one small towel, and possibly a washcloth.
Therefore we advise our customers to bring extra towels.
It is not allowed to use towels for cleaning.
Irreparable damage or loss of bed linen and towels are settled with your deposit.
Use your towels in the linen package only for personal use.
The mediator accepts no responsibility for the quality and/or the range and composition of the linen package.
Outdoor pools are kept available for use only in the summer.
Summer is usually defined as the period from May to late September, but can, depending on the weather, be extended or shortened by the homeowner.
If a swimming pool can temporarily not be used due to necessary cleaning work the mediator accepts no liability.
If the pool water does not comply with regulations, the homeowner has the duty to change the water in the pool; such a change may take up to two days.
Villas with a heated pool offer the ability to increase the temperature of the water in the low season; in the home profile you will find information regarding possible surcharges.
Fees for pool heating must, depending on the wishes of the homeowner, be paid in advance to the mediator or locally on arrival.
The homeowner has the right to turn the pool heater off during the high season.
If you want to make use of pool heating we recommend you to contact our customer service 3 days prior to your arrival, and ask them to request the homeowner to start up the pool heating.
He cannot always comply, and neither is the homeowner obliged to.
When you arrive it may be that the pool still needs some warm-up time.
In very exceptional cases, circumstances prevent the use of a pool, such as the failure of a pump or other technical problems.
The mediator does not accept any liability for the temperature of the pool, or the correct functioning of the pool, pool equipment and pool heating.
It is not permitted to change the settings of the pool equipment.
If the homeowner or manager requests this, please ask for a short written confirmation.
This prevents you from getting discussions afterwards regarding incorrect operations of the pool equipment.
In some countries (for instance France) pools are required under the law to have a pool alarm, and the owner of a swimming pool is liable, if the lawful rules are not met.
The homeowner can thus expressly ask you to keep gates closed, to check the alarm and follow different legal measures.
Upon arrival the client has the duty to ask the owner/manager about the pool alarm and to ensure that it operates correctly.
In case of (temporary) malfunctioning of the pool alarm the client needs to take immediate measures so that children and pets, or people who cannot swim, cannot approach the pool until the alarm functions properly.
If you do not comply with these rules all consequences are for your responsibility.
Convince yourself, especially for your own safety, that everything is safe and working properly, and keep checking this during your stay.
Children under the age of 14, and children without swimming certificate, may only swim under the supervision of adults while wearing an approved life jacket.
The mediator cannot accept any liability for accidents of any kind during your stay.
2.5 End cleaning
End cleaning will be charged extra, unless our website(s) explicitly states in the house profile that these costs are included.
In most cases end cleaning is mandatory.
End cleaning charges are to be paid upon arrival in almost all cases.
If stated "charges included if left clean" always ask the homeowner/manager a written confirmation that the state of the house was satisfactory.
The mediator cannot accept liability if the homeowner still asks for cleaning expenses.
The homeowner may request us to deduct unpaid charges for end cleaning from the deposit, and we are contractually bound to oblige.
2.6 Additional conditions
You are considered to behave in a responsible manner with energy and water both for cost reasons and in view of our environment.
Extra costs due to turning on air conditioners with the doors open and/or water running unnecessarily will be charged to the client.
You are responsible for your garbage removal during your stay in appropriate garbage bags.
Note that when you are in the area of forest or water, not correctly sealed garbage bags can attract pests.
If you are taller than 1.80, convince yourself when making the reservation that the bed sizes are in accordance with you length; ask for additional information if this is not clear.
It is possible that beds do not meet the requirements of 2 meters length and mediator cannot accept liability for this.
If we do not know the sizes yet, we will obtain this information for you and then give you a written answer.
If something breaks during your stay, or if you notice a problem, you have the obligation to report it immediately.
Items such as boilers, washing machines, dishwashers etc. fall under minor repairs and client agrees that the homeowner can take up to three working days in order to have it repaired or replaced.
For other equipment, such as air conditioners, built-in central air conditioning, televisions and pool heating, repair can take longer than 3 days.
The mediator does not accept any liability for the malfunction of electrical or electronic equipment, or for the possible duration of the repair thereof.
Complaints and compensation for this is at all times a matter between the client and the homeowner.
Smoking cigarettes, cigars or pipes, unless approved in writing, is not allowed in the house.
When smoking outside the home please deposit ashes and cigarette butts in proper ashtrays.
In some houses, the manager or homeowner will hand over house rules and instructions on arrival.
Here you will find useful tips and information regarding your holiday home.
Please read these properly and respect the matters therein.
In some areas, mice or other pests can occur.
Homeowners can use pesticides against this.
Please make sure that especially your children or pets can never come into contact with these pesticides.
The mediator does not accept any liability for pest control and/or nuisance by pests nor for the pesticides used.
The holiday home is rented out for holiday use only, therefore the making of professional movies and photo shooting for commercial use is expressly prohibited, unless agreed with the mediator and the homeowner in writing.
If the client is filming for commercial purposes without written permission, the homeowner can cancel the booking immediately.
All consequences and costs arising from this are for the accountability and responsibility of the client.
During the rental period it may be necessary for the homeowner and/or his staff to be on the premises for maintenance or repair.
The client will agree to such a visit.
2.7 Liability and indemnification
The mediator, or any company belonging to his group, and/or website(s) where a booking has occurred, cannot accept liability for damage, injury or accidents to persons, animals or vehicles which arise during the stay in the holiday home.
The mediator can only confine himself, when there is a dangerous situation in the holiday home and at the instigation of the client, to inform the homeowner of this situation and ask them to take immediate action.
The ultimate responsibility for the situation, and/or the action of the homeowner is a matter between client and homeowner.
The mediator mediates in-between the client and the homeowner and has no influence on the local situation, and can therefore not accept any liability for this.
Should a situation be so dangerous that the client decides to leave, for example to protect their children, then the homeowner or the mediator reserves the right to assess the situation by means of experts, video, and photographic materials independently.
Responsibility for the homeowner can never extend beyond a full or partial compensation of the amounts paid, if the result of the independent assessment is that client has taken appropriate action with his departure.
Loss or theft, which occurs during the stay, is entirely at the risk and expense of the client; the mediator rejects any form of liability for this.
When entering into a booking, the client agrees that the mediator cannot be held liable for issues that client or co-clients encounter during the stay by theft, loss or accidents.
The mediator cannot take responsibility for the proper operation of an alarm system.
The client is free to test this and take appropriate action in order to protect their properties.
The mediator can never be held liable for inconvenience caused by construction and renovation activities in the area, failure of utility facilities and/or nuisance from neighbors.
In the case of building activities, which are known to the mediator before the arrival of the client, but were not known at the time of booking, the mediator can, in the interests of the client and with their agreement, offer an alterative holiday home.
After a holiday home has been checked in, a change of property at no cost is excluded and possible relocation and change of residence is for the responsibility and cost of the client.
The client who has made the booking is personally liable for any damage or missing articles, which occurs during the period that he has rented the holiday home.
The client accepts responsibility for all persons admitted in the house during the rental period.
The client hereby indemnifies the mediator for any liability for damage or loss caused during his stay.
The mediator can never be held responsible for inconveniences caused by abnormalities in the rented holiday home.
If such abnormalities restrict the use of the property for the client and that the mediator is willing, or is obliged, to pay compensation, this compensation shall never exceed the amounts paid.
In all cases, the mediator can ask an independent commission to give its opinion and/or a competent court for a ruling.
Only if an independent commission or a competent court assessed that the mediator is to blame for the inconvenience will the mediator pay compensation.
If in such a procedure the independent commission or competent court rules that the mediator is not at fault the client takes his responsibility and is liable for all costs incurred for the procedure.
In case of compensation being awarded the mediator will pay for the cost of the procedure.
In case of natural disasters the rented holiday home can be in a high-risk area.
Natural disasters can include floods, fires, earthquakes etc.
The mediator can never be held liable for consequences, which arise from natural disasters.
The client will never cause a situation where a risk of fire is present.
In some regions and areas a barbecue is prohibited.
If the use of a barbeque is not allowed, or only an electrical barbecue is allowed, the client is obliged to adhere to these rules.
If the client fails to comply with these rules, which are made known upon arrival, the client is fully responsible for all the consequences of their acts.
Stichting Webshop Keurmerk - General Terms and Conditions
These General Terms and Conditions of Stichting Webshop Keurmerk were drafted in consultation with the Consumentenbond [Consumer’s Association] in the context of the Self-regulation Coordination Group [Coördinatiegroep Zelfreguleringsoverleg CZ] of the Socioeconomic Council [Sociaal-ecomische Raad] and come into force on 1 June 2014
Article 1 - Definitions
Article 2 - The Entrepreneur’s identity
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Consumer’s obligations during the reflection period
Article 8 - Exercising the Consumer’s right of withdrawal and the costs
Article 9 - Entrepreneur’s obligation in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Compliance and extra guaranty
Article 13 - Delivery and execution
Article 14 - Continuing performance contract: duration, termination and extension
Article 15 - Payment
Article 16 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or varying provisions
Article 19 - Amendment to the General Terms and Conditions of Webshop Keurmerk
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
- Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur;
- Reflection period: the period during which the Consumer may use his right of withdrawal;
- Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
- Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information
- Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
- Entrepreneur: the natural of legal person who is a member of Stichting Webshop Keurmerk and who provides products, (access to) digital content and or services to Consumers at a distance;
- Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
- Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1;
- Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.
Article 2 – The Entrepreneur’s identity
Name of Entrepreneur (name given in the Articles of Association, and trade name, where applicable; Holidayy Home Vision BV
Business address; Louis Couperusplein 2, 2514 HP Den Haag Netherlands
Visiting address, if different from business address;
Telephone number and the times at which the Entrepreneur can be reached by telephone: +85 2081119
Email address or other electronic communication means offered to the Consumer with the same functionality as email; [email protected]
Chamber of Commerce number; 55173322
VAT identification number; NL8515.95.029B01
If the Entrepreneur’s activity is subject to a relevant licensing regime: information about the supervising authority;
If the Entrepreneur practises a regulated profession:
− the professional association or professional organisation of which he is a member;
− the title of his profession, the place in the EU or in the European Economic Area where it is awarded;
− a reference to the rules of professional practice which are applicable in the Netherlands and information about where and how these rules of professional practice can be accessed.
Article 3 – Applicability
- These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
- Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
- If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long- term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
- In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
Article 4 – The offer
- If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
- The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.
- All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
Article 5 – The contract
- Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
- If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
- If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
- The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
- Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on a long-term data carrier:
a. the visiting address of the Entrepreneur´s business establishment where the Consumer may get into contact with any complaints;
b. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
c. the information corresponding to existing after-sales services and guarantees;
d. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
- the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
- the standard form for withdrawal if the Consumer has the right of withdrawal.
- In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal
In case of products:
- The Consumer can repudiate a purchase contract for a product without giving reasons for a period of reflection of at least 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
- The reflection period referred to in sub-clause 1 starts on the day the product is received by the Consumer or by a third party appointed by him in advance and who is not the carrier, or
- if the Consumer ordered several products in the same order: the day on which the Consumer or a third party appointed by him received the last product. The Entrepreneur may refuse an order of several products with different delivery dates provided that he clearly informs the Consumer prior to the order process.
- in case the delivery of a product consists of several batches or parts: the day on which the Consumer or a third party appointed by him received the last batch or the last part.
- in case of an agreement about regular delivery of products during a given period: the day on which the Consumer or a third party appointed by him received the first product.
In case of services and digital content that is not delivered on a physical carrier:
- The Consumer can terminate an agreement for services or an agreement for delivery of digital content that is not delivered on a physical carrier without giving reasons during at least 14 days. The Entrepreneur may ask the Consumer about the reason for the withdrawal but cannot force him to state his reason(s).
- The reflection period referred to in Article 3 starts on the day following the conclusion of the agreement.
Extended reflection period for products, services and digital content that has not been delivered on a physical carrier in case no information is given about the right of withdrawal:
- If the Entrepreneur has not provided the Consumer with the legally required information about the right of withdrawal or has not provided the standard form for withdrawal, the reflection period expires twelve months after the end of the original reflection period in accordance with the reflection period determined in the previous sub-clauses of this Article.
- If the Entrepreneur provided the Consumer with the information referred to in the previous article within twelve months after the starting day of the original period of reflection, the period of reflection expires 14 day after the day on which the Consumer received the information.
Article 7 – Consumer’s obligations during the time of reflection
- During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary for establishing the nature, the characteristics and the effect of the The guiding principle is that the Consumer may only handle and inspect the product in the manner in which one is allowed to handle a product in a shop.
- The Consumer is only liable for the decrease in value of the product that is caused by the way of handling the product which went further than allowed in sub-section 1.
- The Consumer is not liable for the decrease in value of the product if the Entrepreneur has not provided him with all legal information about the right of withdrawal before concluding the Agreement.
Article 8 – Exercising the Consumer’s right of withdrawal and the costs
- If the Consumer exercises his right of withdrawal he shall notify the Entrepreneur unambiguously with the standard form for withdrawal within the period of reflection.
- The Consumer shall return the product or deliver it to (the authorized representative of) the Entrepreneur as soon as possible but within 14 days counting from the day following the notification referred to in sub-clause 1. This need not be done if the entrepreneur offered to collect the product The Consumer observed the period of returning the product in any event if the product is returned before the expiration of the period of reflection.
- The Consumer shall return the product with all delivered accessories and if reasonably possible in the original state and packing and in conformity with reasonable and clear instructions given by the Entrepreneur.
- The risk and the burden of proof for the correct and timely exercise of the right of withdrawal fall on the Consumer.
- The Consumer shall bear the direct costs of returning the product. If the Entrepreneur has not reported that the Consumer has to bear these costs or if the Entrepreneur pointed out that he will bear the costs himself, the Consumer need not pay the cost of returning the product.
- If the Consumer withdraws after having first explicitly requested that the performance of a service or the supply of gas, water or electricity having not been made ready for sale not be started in a limited volume or given quantity during the period of reflection, the Consumer shall pay the Entrepreneur an amount that is equal to the part of the obligation already performed at the time of withdrawal as compared with the full compliance of the
- The Consumer does not bear the costs for performing services for the supply of water, gas or electricity that had not been made ready for sale in a limited volume or quantity, or for the supply of district heating if
- the Entrepreneur has not provided the Consumer with the statutorily required information about the right of withdrawal, the compensation of costs in case of withdrawal or the standard form for withdrawal, or
- if the Consumer has not explicitly requested that the performance of the service or the supply of gas, water and electricity or district heating be started during the period of reflection.
- The Consumer does not bear any cost for the full or partial delivery of digital content not stored on a physical carrier if
- prior to the delivery, he has not explicitly consented to start performance of the agreement before the end of the period of reflection;
- he did not acknowledge to lose his right of withdrawal when giving consent; or
- the Entrepreneur failed to confirm the Consumer’s statement.
- If the Consumer exercises his right of withdrawal, all additional agreements end by operation of law.
Article 9 – Entrepreneur’s obligations in case of withdrawal
- If the Entrepreneur makes the notification of withdrawal by electronic means possible, he shall promptly send a return receipt.
- The Entrepreneur shall reimburse all payments made by the Consumer, including any delivery costs that the Consumer may charge for the returned product, as soon as possible but within 14 days following the day on which the Consumer notified him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he can wait with paying back until having received the product or until the Consumer proved that he returned the product, whichever occurs first.
- The Entrepreneur shall make use of the same means of payment that the Consumer used, unless the Consumer consents to another method. The reimbursement is free of charge for the Consumer.
- If the Consumer opted for a more expensive method of delivery instead of the cheapest standard delivery, the Entrepreneur need not reimburse the additional costs for the more expensive method.
Article 10 - Exclusion of the right of withdrawal
The Entrepreneur can exclude the following products and services from the right of withdrawal but only if the Entrepreneur notified this clearly when making the offer or at any rate in good time before concluding the agreement:
- Products or services with a price that is subject to fluctuations in the financial market on which the Entrepreneur has no influence and which may occur within the period of withdrawal;
- Agreements that are concluded during a public auction. A public auction is defined as a selling method whereby the Entrepreneur offers products, digital content and/or services to the Consumer who is personally present or has the possibility to be personally present at the auction under the direction of an auctioneer and whereby the successful bidder is obliged to purchase the products, the digital content and/or the services.
- Services agreements, after full performance of the service, but only if
- the performance started with the Consumer’s explicit prior consent; and
- the Consumer stated that he will lose his right of withdrawal as soon as the Entrepreneur has fully performed the agreement.
- Services agreements for making accommodation available when a certain period of implementation is provided and other than for residential purposes, goods transports, car rental services and catering;
- Agreements related to leisure activities when a certain date or period of performance is arranged in the agreement;
- Products manufactured in accordance with the Consumer’s specifications which are not prefabricated and which are produced on the basis of a Consumer’s individual choice or decision or which are intended for a specific person;
- Perishable products or products with a limited durability.
- Sealed products which are for health or hygiene reasons not suitable for being returned and of which the seal was broken;
- Products which for their nature are irreversibly mixed with other products;
- Alcoholic drinks of which the price has been agreed upon at the conclusion of the agreement but of which the delivery can take place only after 30 days, and whose real value depends on fluctuations in the market which the Entrepreneur cannot affect.
- Sealed audio and video recordings and computer programs of which the seals were broken after delivery;
- Newspapers, periodicals or magazines, with the exception of subscriptions to them;
- The delivery of digital content other than on a physical carrier, but only if: the performance was started with the Consumer’s explicit prior consent;
- the Consumer stated that he will lose his right of withdrawal by doing so.
Article 11 - The price
- The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
- Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
- Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
- Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and
- they are the result of legal regulations or stipulations, or
- the Consumer has the authority to cancel the contract before the day on which the price increase starts.
- All prices indicated in the provision of products or services are including VAT.
Article 12 – Performance of an agreement and extra Guarantee
- The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
- An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations if the Entrepreneur has failed in the fulfilment of his part of the agreement.
- ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his Supplier, Importer or Manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.
Article 13 – Delivery and execution
- The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
- The place of delivery is at the address given by the Consumer to the Entrepreneur.
- With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
- After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
- The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.
Article 14 – Continuing performance agreements: duration, termination and renewal
1. The Consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to not more than one month’s notice.
2. The Consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products (including electricity) or services at the end of the specific period, with due observance of the termination rules and a subject to not more than one month’s notice.
3. The Consumer can cancel the agreements mentioned in the preceding paragraphs:
- at any time and not be limited to termination at a particular time or in a given period;
- at least in the same way as they were concluded by him;
- at all times with the same notice as the Entrepreneur stipulated for himself.
4. An agreement concluded for a definite period which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
5. Notwithstanding the preceding paragraph, a contract for a definite period which extends to the regular delivery of dailies, newspapers, weekly newspapers and magazines, may tacitly be renewed for specific period of three months at the most if the Consumer can terminate this extended agreement towards the end of the extension with a notice of one month at the most.
6. An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the Consumer can cancel it at any time with a notice of one month. The notice is three months at the most in vase the contract is about a delivery of dailies, newspapers and weeklies and magazines occurring regularly but less than once a month.
7. An agreement with limited duration of regular delivery of trial dailies, newspapers, weeklies and magazines (trial or introductory subscription) is not renewed tacitly and ends automatically after the trial or introductory period.
- If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed term.
Article 15 – Payment
- Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the Consumer received the confirmation of the agreement.
- When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed, the Consumer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.
- The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
- In case the Consumer has not complied with his payment obligation(s) in time, and the Entrepreneur has pointed out to him that the payment was late and allowed the Consumer a period of 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and the Entrepreneur is entitled to charge the Consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. The Entrepreneur may deviate from the aforementioned amounts and percentages in favour of the Consumer.
Article 16 - Complaints procedure
- The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaints form on the consumer page of the website of Stichting Webshop Keurmerk (https://www.keurmerk.info/nl/consumenten/klacht/) The complaint will then be sent both to the relevant entrepreneur and to Stichting Webshop Keurmerk.
- Webshop Keurmerk will not treat a dispute or discontinue the handling, if the entrepreneur has been granted a suspension of payment, it has been declared bankrupt or has actually ended its business activities or the webshop has been suspended or canceled by Webshop Keurmerk.
- A dispute will only be dealt with by Webshop Keurmerk if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
- No later than twelve months after the dispute arises, the dispute must be submitted in writing to Webshop Keurmerk.
- It is also possible to register complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage)
Article 17 - Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
- The Vienna Sales Convention does not apply.
Article 18 - Additional or different provisionsAdditional provisions or deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium. Article 19 - Modification of the general terms and conditions of Stichting Webshop Keurmerk1. When Stichting Webshop Keurmerk will make a change, we will inform the entrepreneur through the newsletter and place the newest conditions on our website (https://www.keurmerk.info/nl/algemene-voorwaarden/)2. Amendments to these terms and conditions shall only take effect after they have been published in the appropriate manner, on the understanding that in the case of applicable changes during the term of an offer the most favorable provision for the consumer will prevail.
Address Stichting Webshop Keurmerk:
Willemsparkweg 193, 1071 HA Amsterdam.