In addition to these terms and conditions the following terms
and conditions are applicable to all agreements entered into by the
de Bruijn family and any third party.
By ticking the box on the booking confirmation page next to
the question which asks if you agree to the general terms and
conditions, you agree that you have read and understood the
applicable conditions and that you agree to and accept the general
terms and conditions as part of the agreement. If you do not agree
to the general terms and conditions it is impossible to make a
booking through this site.
An agreement by booking through the website
www.123schiermonnikoog.nl is made online whenthe tenant, after
he/she has agreed to the terms and conditions and has confirmed
their booking details, has been sent an electronic confirmation
e-mail to the e-mail address filled in by the tenant. This
electronic confirmation is considered to have reached the tenant
when he/she has been acquainted with it or when it can be
reasonably presumed that he/she has been able to be aware of it.
The de Bruijn family reserves the right –at all times- to refuse to
enter into an agreement with a prospective tenant without being
obliged to state any reasons for this.
The de Bruijn family cannot be held liable for
misunderstandings, mutilations, delays or improper receipt of data
and messages as a result of Internet use or any other means of
communication in the correspondence between the tenant and
123schiermonnikoog (or by third parties engaged by the tenant),
except in the event of acts of wilful intent or gross negligence on
the part of the de Bruijn family.
In any legal proceedings, the administration of de Bruijn family is
evidence of the existence, content and execution of the agreement
with the tenant, unless this can be proved to the contrary by the
other party, by way of appeal to the fact that the evidence is
unreliable.
General terms and conditions
1. Application
These general terms and conditions apply to
all offers, reservations andagreements relating to facilities,
which are let by the de Bruijn family, hereafter referred to as
landlord.In these terms and conditions the term ‘tenant’ refers to
the person who enters into a contractual agreement with the
landlord regarding the rent or use of a holiday home. The term
'tenant ' means the tenant and the by the tenant specified persons
who(will) use the property let by the landlord. These general terms
and conditions are applicable regardless of your (prior) reference
toany own conditions or other general terms and conditions. The
landlord rejects any and all general terms and conditions to which
you refer, or which you use. Agreements which deviate from these
general terms and conditions are only valid if agreed in writing.
2. Concluding an
agreement
An agreement is made when the head tenant
accepts the offer. Acceptance may be made by telephone as well as
in writing, or by email. Each acceptance is confirmed by means of a
booking confirmation. The head tenant should always check that
his/her personal details listed on the reservation confirmation are
correct. The person acting on behalf of or for the benefit of
another, who enters into the agreement will be held responsible and
liable for all contractual obligations. After the reservation has
been made the invoice, also confirmation, will be sent to you by
email. Your (down) payment also serves as your reservation.
3. Prices
You owe the landlord the agreed rent, as
stated in the written reservation confirmation / invoice. Price
discounts and/or special offers can no longer be made once the
reservation confirmation / invoice has been sent by the landlord.
4. Payment
When a rental agreement is concluded a payment comprising of 50% of
the total agreed rent, as stated on the reservation/invoice,
must be made within 14 days . The remainder of the rent must
be paid at least 6 weeks before the first day of the let. In the
event of the agreement being made within 2 months before the start
of the let , then the entire rent must be paid within 14 days after
the conclusion of the agreement. In the event of late payment the
rental agreement may, after summation, be terminated with immediate
effect in which case the cancellation rules apply to the head
tenant.
5. Arrival and
departure
The rented accommodation may be taken into use
from 14: 00 on the agreed day of arrival as indicated on your
reservation confirmation. On the agreed day of departure as stated
on the reservation confirmation, the accommodation must be vacated
before 10: 30. If the use of the accommodation is terminated
earlier than the agreed date, as set out on the reservation
confirmation, the tenant has no right to a refund of (a part of)
the rental price and/or costs.
6. Regulations
The accommodation may only be occupied by the
number of persons as agreed and stipulated in the description of
the accommodation. For safety reasons, it is not permitted to set
up tents next to the accommodation. The tenant should leave the
house swept clean: (i.e. dishwasher emptied, bed linen
removed: sheet and cover in pillow case, bin liner in the
container). Furniture which has been moved, should be
returned to its original position. Civil liability. The tenant, is
reminded to have third-party liability insurance, in the event that
he causes a fire in the rented accommodation.
7. Breakage, loss
The tenant, named on the reservation confirmation, is responsible
and always liable, without prejudice to the responsibility or
liability of other users/guests, for an orderly conduct in and
around the rented accommodation. In addition, the tenant is always
liable, without prejudice to the liability of other users/guests,
for damage caused by breakage and/or loss and/or damage of
inventory and/or accommodation. Any damage caused by the tenant
should be reported to the landlord immediately and shall be
immediately indemnified on the spot against costs incurred, unless
the tenant can demonstrate that the arising of the damage was not
due to negligence on the part of himself, other users or one of the
members of his party.
8. Deposit
The landlord charges a deposit of € 100,-(€ 150,-for 53NOORD) on
the reservation/invoice. The deposit, or the remainder thereof
after satisfactory payment of any claims by landlord on the tenant
and/or users, will be refunded (in the month of the let) if the
accommodation is left in a proper condition, in accordance with the
provisions of Article 6.Such repayment shall not offset any claims
for compensation.
9. Cancellation
fee
If a reservation is cancelled, cancellation fees are owed. These
costs are by cancellation up to 2 months before the arrival date,
30% of the total cost and by cancellation up to 6 weeks before the
arrival date, 40% of the total cost and within 4 weeks of the
arrival date, the total cost/agreed rental price. You can insure
yourself against this risk by taking out a cancellation insurance.
If you have not arrived within 24 hours after the agreed due date
without notice, this shall be deemed as a cancellation.
10. Force majeure
and changes
In the event that the landlord is unable to
implement the agreement in whole or in in part, temporarily or
otherwise, due to force majeure, you shall receive within 14 days
after he/she has become aware of the impossibility of implementing
the agreement, an alternative proposal for an other period. There
shall be force majeure on the part of landlord when the
implementation of the contract is hindered in whole or in part,
temporarily or otherwise, by circumstances beyond the control of
the landlord, including but not limited to risk of war, blockades,
fire, flood and other disruptions or events. You are entitled to
reject the modified proposal. If you reject the modified proposal
you must give notice of this within 14 days after receipt of the
proposed amendment. In such case, the landlord has the right to
dissolve the agreement with immediate effect. You are then entitled
to remission and/or return of (the part of) the rental amount
already paid. In such case the landlord is not bound to pay
compensation for any damage.
11. Termination
The landlord has the right at all times to
terminate the agreement with immediate effect, if when making the
reservation your personal details and/or the personal details of
other users are incomplete and/or inaccurate. In such case, there
shall be no refund of the rent or a part thereof.
12. Liability
The landlord does not accept any liability for theft, loss or
damage to goods or persons, of any nature whatsoever, during or as
a result of a stay in the rental/ use of the accommodation of the
landlord, unless there is wilful intent or gross negligence on the
part of the landlord. Liability for damage consisting of loss of
travel enjoyment or trading loss and other consequential damages,
is excluded under all circumstances. Furthermore, the landlord
under all circumstances cannot be held liable for any damage for
which there is a claim to compensation under the heading of travel
and/or cancellation insurance or any other insurance. The landlord
is not liable for any failures/disruptions in the provision of
services by third parties or shortcomings in the services rendered.
You are together with the user jointly liable for all loss and/or
damage to the rented accommodation and/or other property of the
landlord arising during the use thereof by you and/or other users,
regardless of whether this is the result of acts or omissions by
you and/or of third parties who are in the park/property, with your
permission. You indemnify the landlord against all claims relating
to damage of third parties which are (partly) the result of any act
or omission by yourself, other users, your travel companions or
third parties who are present with your permission. In the event of
incorrect use or failure to leave the accommodation in good
condition, including but not limited to excessive untidiness or
filthiness, there will be an additional charge, which you will be
obliged to pay immediately.
13. Applicable
law
The agreement between you and the landlord is
exclusively governed by Dutch law.
14. General
Apparent printing and typing errors do not bind the landlord. These
general terms and conditions supersede and cancel all previous
publications. All information you provide us will be recorded in a
file. This data file is used for our guest administration. This
information may also be used to to provide specific information and
offers about our products and services.
123schiermonnikoog
G.A. de Bruijn, Velp
January 2011.
