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Terms and conditions
Terms and conditions Azurselect
CONTENTS
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.
Client:
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
1.4 Insurance
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
2.1 Complaints
2.2 Your pet(s)
2.3 Linen and towels
2.4 Pools
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.
The client is considered to be fully informed of our general rental conditions, payment conditions, disclaimer and our privacy policy which is listed on our website(s) when placing the booking and to accept these.
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 Insurance
The mediator provides the opportunity with each rental to close on damage or cancellation insurance.
These are separate insurance policies, and they should also be separately booked.
These insurances are proposed in conjunction with the Europeesche Verzekeringen Maatschappij NV.
The insurance premium is provided on your screen during your booking.
Insurance coverage concerns damage to: property - inventory - playground equipment - pools - garden, which has arisen without explicit blame or willful damage inflicted by the client.
The compensation of the damage involves a minimum payment of € 25, - and a maximum of € 2500, -.
The insurance starts from the moment the client/policyholder enters the house, which date is stated on the travel voucher, and stops when the client leaves the house, with the latest date being the day that the rental agreement ends according to the travel voucher.
The insurance premium may change and are subject to lawful fees like insurance tax.
The mediator has the right to adapt prices and rates.
For detailed terms of the damage and cancellation insurance, please refer to the policy conditions of Europeesche Verzekeringen at Travel → Travel Insurance.
The client has the obligation to inform the mediator of the correct names and ages of the clients group when closing on cancellation insurance.
Incorrect information may result in the coverage being void.
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.
If the period you have canceled is rented out again, we will reimburse your down payment minus an administrative fee of €250.
This applies only to down payments. For down payments made by credit card, the administrative fee will be €350.
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.
2.1 Complaints
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.
2.4 Pools
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 alternative 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.
Dutch law applies to all disputes and the court of Amsterdam has sole jurisdiction to lead the conflict.
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.
CONTENTS
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 - Sector guarantee
Article 19 - Additional or varying provisions
Article 20 - 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 possible.
- 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 (nam