General booking conditions

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GENERAL TERMS AND CONDITIONS AAN ZEE

Version 25-01-012

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   ofAAN 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 ZEEcarries 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,writtenorelectronic (internet/email) booking of a holiday house from the actual offer from AAN ZEE .

After   booking,   the   tenant    receives    a confirmationofthebooking/rental agreement,  which  serves  as  proof  of  the agreement.  (Please  keep  thesedetails 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    incompletenessor 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 providedpaymentofthefollowing cancellation    costsismade:    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 dayuptothe28thdaypriorto 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 e- mailmessageshallbedecisivein 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 30.

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 paymentterm   or   account   summaries, unlessotherwisestipulatedinthe 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).

Tenant   Laws   and    Obligations    at the place of the holiday house

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.

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 awayatitsoriginalplace.The Owner/Managerwillobservewhether (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  supply if 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 100.

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 daysafterdeparturefromthe 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 complainthavebeensubmittedto AAN ZEE , take up the dispute in writing at theDispute    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    willsendtheinformation 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 whichisdecidedbytheDispute 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

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.

In the case of “circumstances  beyond  our control”,both    ofapermanentand temporarynature,AAN ZEEis authorized toannultheagreement completelyor partially  or  to  suspend  it temporary without the  TENANThaving toclaim   on   performanceand/or indemnification.   The following  canbe understoodunder“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, andfurther other   circumstances,extraordinary weather conditions, death of theowner, 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 reasonablenessand 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.

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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