General booking conditions

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GENERAL TERMS AND CONDITIONS AAN ZEE

Version 29-12-2016

AAN ZEE is a member of @Leisure

DEFINITIONS

Below is a list of terms and definitions for these General Terms and Conditions. AAN ZEE : AAN ZEE , a trademark of @Leisure BR B.V. And affiliated enterprises, hereinafter to be referred to as„ AAN ZEE ”. Main or other Tenant: A natural or other person who rents or desires to rent a Holiday home from AAN ZEE selection. Co-tenant: The person who stays in the holiday home together with the Main or other Tenant. Manager: The person who takes care of the managerial duties of the holiday home on behalf of the owner thereof. Consumer: A natural person who rents a holiday home and does not act in his capacity of running his business or practicing his profession. Third parties: Every other legal or other entity other than AAN ZEE or Tenant. Owner: The legal owner of a holiday home (or his representative) who has put up the holiday home for rent to AAN ZEE . Offer: An offer as referred to in the Dutch Civil Code. Cancellation: The revocation or termination of the booking. Booking: A reservation of a holiday home accepted by AAN ZEE Termination: Legally cancelling ”the Tenancy Agreement due to non-fulfillment of the obligations ensuing from the Tenancy Agreement. Holiday Home: For instance, a home that is offered by AAN ZEE for rent as a holiday accommodation. Stay: The actual use of a holiday accommodation. Accommodation ticket: The voucher.

Relevant General Conditions

These general conditions apply to all offers and tenders of, agreements with, supplies and services of AAN ZEE . Derogatory stipulating, appointments or regulations apply only if and insofar these have been confirmed by AAN ZEE in writing. Verbal appointmentsand/or promises of employees of AAN ZEE are exclusively valid if the authorized employees of AAN ZEE have confirmed them in writing. These general conditions apply exclusively on legal perspective between AAN ZEE and consumers and not on legal perspective between AAN ZEE and companies, respectively persons who act in the exercise of their profession.

Offers, Prices and tariffs

Offers of AAN ZEE are not binding and occur subject to interim changes. All indications on the website of AAN ZEE is esteemed to be supplied in good faith and still occur with a proviso of interim adjustments. AAN ZEE is clearly not bound to errors and omissions on its website! AAN ZEE carries no responsibility for general information on the website and the information drawn up there which has been established under the responsibility of a third. The Tenant declares to have taken cognizance of the circumscription of the holiday house through AAN ZEE on the website and no further circumscriptions are desired. Prices remain inclusive VAT and the costs of an accident insurance but exclude costs of a cancellation and travel insurance and contingent costs. Particular additional costs like energy costs, cleaning costs and local due to and because of the authorities determined compensations are reported separately! Prices are based on cost price defining factors (such as price index rates, currency and interest rates etc.). AAN ZEE is authorized to conduct in the case of an adjustment of these price defining factors, a proportional adjustment of the handled prices and tariffs. The current applied prices and tariffs are exclusively mentioned on the website of AAN ZEE . Mentioning of prices and tariffs occur under reservation of obvious errors and omissions!

Realization and contents agreement

An agreement between AAN ZEE and the Tenant is brought about by confirmation of a telephonic, written or electronic (internet/email) booking of a holiday house from the actual offer from AAN ZEE . After booking, the tenant receives a confirmation of the booking/rental agreement, which serves as proof of the agreement. (Please keep these details safe!) The booking confirmation and rental agreement is send by AAN ZEE , which contains all relevant details for the stay in the booked holiday house. In the interest of a good booking and the prevention of misunderstandings, after receiving the booking confirmations or rent agreement, the Tenant is required to thoroughly check the booked details and report incompleteness or inaccuracies within 7 days to AAN ZEE after receipt of the booking confirmation. If a similar mention is outside the constituted terms, then the Tenant is not entitled to invoke the incompleteness or inaccuracy of the booking confirmation/rent agreement. AAN ZEE still have the right to withdraw a booking without reason.

Cancellation and modification

Tenant may cancel a booking in writing provided payment of the following cancellation costs is made: a. for cancellations up to the 42nd day prior to commencement of the first day of stay: 30% of the rent; b. for cancellations from the 42nd day up to the 28thday prior to commencement of the first day of stay: 60% of the rent; c. for cancellations from the 28th day up to the first day of stay: 90% of the rent; d. for cancellations on the first day of stay or later: the full rent. The date of the postmark or the date of the relevant email message shall be decisive in determining the question of whether the booking was cancelled in due time. A booking cancelled by a Main or other Tenant shall also serve as cancellation at the expense of the co-tenants. The Tenant may take out cancellation insurance for the accommodation period with an insurer known to AAN ZEE . Cancellation by AAN ZEE : AAN ZEE must make a modification proposal to the traveller by way of an alternative offer within 48 hours (2 working days) of the occurrence of grave events. This obligation shall lapse if the cause of the modification is attributable to the tenant. The costs for a modification made by the tenant amount to EUR 35.

Payment

Payment of the full rent sum (including VAT, insurance costs and other explicit reported additional costs) must be settled, at the utmost six weeks before the first day of the stay in the booked holiday house. Payment settlement in two terms: a. 30% of the rent sum must occur within immediately after booking; b. 70% of the rent sum must be settled at the latest 6 weeks before the first day of stay. Contrary to the specifics payments of late bookings (i.e. bookings within six weeks before the first day of stay) need to take place in full within 3 days after booking. AAN ZEE is entitled in the case of late bookings to request exclusive cash payment or by means of a credit card. Payment can only take place by means of a credit card or by means of cash. AAN ZEE is not responsible for sending or reminding the Tenants about the expiry of a payment term or account summaries, unless otherwise stipulated in the agreement. The Tenant never has the right to suspend the payment. After the expiry of the payment terms, the tenant is omitted. The Tenant can raise the omission by paying the full rent money to AAN ZEE within 3 days after entering the omission. By not or not paying on time then there will be all kinds of legal process and execution costs as well as extra judicial collecting charges for accounts from the Tenant. The extra judicial collecting charges amounts to at least 15% of the invoice amount with a minimum of Euro 100. AAN ZEE has the continuous right to request the security of payment before as well as after the completion of the rent agreement. The same applies under suspension of the execution of the rental agreement until the security stands; if the right of AAN ZEE is not applied to, AAN ZEE still has the right of claims based on damage and/or complete or partial cancellation, without judicial intermediary and without claiming for any indemnification from AAN ZEE .

Deposit

The Tenant needs to pay a deposit for the stay in the holiday house on the spot, failing in nonpayment thereof the rental on the commencing date will be considered as dissolved! The deposit needs to be received on arrival at the accommodation address to the Owner or the Manager of the holiday house, unless the rental agreement is stipulated differently on the residence ticket (voucher). After the end of stay in the holiday house the additional costs such as contingent service and cleaning costs are settled and observed damages or loss of things present in or to the holiday house is settled with the deposit and the remainder of the deposit is repaid to the Tenant. For the repayment of the deposit, the Tenant needs to provide the owner or the manager with his/her full address and bank account details (account number and IBAN and BIC code). AAN ZEE makes every effort to ensure the remainder of your deposit is refunded within 14 days from the end of your stay.

Tenant Laws and Obligations at the place of the holidayhouse

With regard to the current situation, the local right of application beside these conditions and the rental agreement still applies. These conditions and rental agreement prevail in so far that the law has not stipulated otherwise. On arrival at the holiday house, The Tenant need to collect the keys from the holiday house between 16.00 and 18.00 from the Owner or Manager, unless otherwise stipulated in the rental agreement or the residence ticket (voucher).On an arrival outside the mentioned time, then the Tenant need to make an appointment directly with the owner. Unless otherwise stipulated in the rental agreement or the residence ticket (voucher) the Tenant is required to vacate the holiday house at the time stipulated on the rental agreement. AAN ZEE is not responsible for the consequences of late departure than the stipulated time! On departure later than the stipulated time on the residence ticket (voucher), the Tenant is required to pay an additional amount per day. It is important that the Tenant conducts him/herself as a good Tenant and use the holiday house in accordance to the user instructions given by AAN ZEE or owner/manager. Disturbances caused by excessive alcohol consumption, loitering and/or inappropriate behaviour shall not be tolerated and may result in premature cancellation of the rental agreement. The tenant guarantees that the information they submit when booking is accurate and complete. Submission of inaccurate or incomplete information may result in cancellation or termination of the rental agreement. The Tenant and his/her cotenants are lawfully responsible for any damages to or in the holiday house. In such a case, any damages need to be reported by the Tenant directly to the Owner. Reparation or replacement costs needs to refund immediately by the Tenant directly to the Owner/Manager on duty. On departure, the Tenant need to leave the holiday house in a descent state – meaning: leave the house cleanly swept. The things present inside the holiday house needs to replace in its original place (as on arrival). Dinner sets needs to be washed and packed away at its original place. The Owner/Manager will observe whether (several) things have not been placed in its original place or if the holiday house has been cleanly swept, If not the owner/Manager is entitled to charge the Tenant extra (cleaning) costs. The Tenant need to use linen on the beds and is not allowed to use the beds without sheets.

Termination of the rental agreement

AAN ZEE is authorized to cancel the rental agreement with immediate effect: a. if, in case of notice of default, and neglect of the fulfillment of important issues, which have to be applied to, stated in the rental agreement and/or these conditions. In case the Tenant has been summoned to this, not acting as a good tenant, in particular if the Tenant, in spite of warnings from the owner or the manager, caused serious hindrance to his/her accommodation surroundings.

Complaints

Each holiday house is carefully selected and inspected by AAN ZEE . AAN ZEE stands in for the precision of the holiday house, with the understanding that a variation of 15% of the applied living surface and distances are esteemed as acceptable. The description and impression of the holiday house and the direct surrounding, which falls under provisions, furnishing, facilities and recreation possibilities can in their nature or due to interim changes or season influences differ from the description on the website of AAN ZEE .Employees of AAN ZEE supplyif required modified information to the point, which has been given to the knowledge of AAN ZEE .The information in question is esteemed personal and to be subjective. The Tenant is still entitled to submit his/her grievances by means of a complaint to AAN ZEE .AAN ZEE A needs to handle a complaint adequately and with capable speed, thus handling the complaint with criterion of reasonableness and fairness. The Tenant serves a complaint, originating on arrival at the holiday address or during the stay, at the latest within 24 hours to be reported to the Owner/Manager. The Owner/Manager will endeavor to solve the complaint immediately on the spot. In case the established complaint cannot be solved on the spot by the Owner/Manager, then the Tenant need to report the complaint within 48 hours after the observation AAN ZEE telephonically to AAN ZEE still providing AAN ZEE the possibility to solve the problem on the spot. The complaint can be reported telephonically during office hours, on the telephone number of AAN ZEE ( +31(0)88 1900 111). Outside office hours then so called S.O.S. – telephone number on the residence ticket (voucher) can be called. In case a complaint after consultation with the owner/manager and AAN ZEE cannot be solved on the spot to the satisfaction of the Tenant, the Tenant need to request a multilingual complaints form from the Owner/Manager and complete it within 30 days after departure from the accommodation and send to AAN ZEE .Failing in doing so, the complaint will not be attended to. AAN ZEE will handle the complaint within 30days after receipt and in case the complaint seems to be justly, an appropriate resolution will be searched for, corresponding the seriousness of the complaint. The Tenant can within 3 months after the complaint have been submitted to AAN ZEE , take up the dispute in writing at the Dispute Commission Home Shop (Postbus 90600, 2509 LP, Den Haag, The Netherlands). Before making use of the possibility, the tenant needs to give AAN ZEE the possibility to handle the complaint personally. There are costs relating to submitting a dispute to the Dispute Commission Home shop, which is carried by the one submitting the dispute to the Dispute Commission Home Shop. The Dispute Commission Home shop decides by means of a binding recommendation. AAN ZEE will send the information regarding the procedures of the Dispute Commission Home shop on first request to the Tenant. The Tenant is authorized to take up a complaint within 1 year after sending the statement, which has been pending at the Dispute Commissions Home shop and which is decided by the Dispute Commission. In case the complaint is not resolved in the opinion of the Tenant, it can be taken up with a judge for that purpose. The Tenant relinquish from any right of indemnification or alternative compensation in case he/she does not bring up the complaint in the first place at the Dispute Commissions Home shop.

Circumstances beyond our control; disasters/ force majeure

 

In the case of “circumstances beyond our control”, both of a permanent and temporary nature, AAN ZEE is authorized to annul the agreement completely or partially or to suspend it temporary without the TENANT having to claim on performance and/or indemnification. The following can be understood under “circumstances beyond our control ” but not exclusively: danger of war, revolt, war risk, strikes, boycotts, traffic interference or transport, measures of the authorities, scarcity of raw materials, natural calamities, and further other circumstances ,extraordinary weather conditions, death of the owner, divorce of the owner, unannounced sale and/or occupation of the holiday house by the owner in which complete or partial compliance with the agreementcannot be demanded to reasonableness and fairness from AAN ZEE . If “circumstances beyond our control ” appears while the Tenant only can make partial use of the holiday house, the rental agreement need to be regarded unbinding for the already utilized time.

Liability

AAN ZEE cannot be kept liable for the damage caused in the holiday house by the Tenant or third party; the tenant will secure AAN ZEE from these related liabilities. In particular AAN ZEE is not responsible for interferences in and around the holiday house as but not excluding, interruptions and failure of current and water supplies and technical installation, not or untimely announced building activities and changes to entrances – or main roads. AAN ZEE can only be kept responsible for damage, which is owing to the gross fault of the irresponsibility of AAN ZEE . Without prejudice to the former related issues, the liabilities of AAN ZEE in case and so far any party related to the rental agreement can keep AAN ZEE responsible in a judicial manner. Continuously limited to direct damage and in every form of consequent damage excluded. The liability of AAN ZEE is still limited to the maximum amount that the insurer will pay to AAN ZEE in the appearing cases. 

Privacy

AAN ZEE will still handle all its information or known personal details corresponding the conditions of the Personal data Law Protection. In case it appears AAN ZEE will inform the College Protection Personal details. As far as is known, nothing else is stipulated by means of rules of international private law, excluding the Netherlands right of application. All disputes resulting from the rental agreement or these conditions will be settled in first construction by the authorized judge in the Netherlands, as far as the private international rules do not stipulate differently. None of the parties can carry its rights and responsibilities to a third, as far as is known in the present case nothing else is stated. In case and as far as is known sole stipulation in the rental agreement and the present conditions could appear null and void, the remaining conditions in position remain and the insignificant article in this way is esteemed to have been converted thus that it is brought in conformity with the obvious intentions of parties.

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