Article 1: Definitions
1. Apartment De Kokverhoeven, located in Kamperland, on the first floor of Residence Marina at the Uithaven, owned by R.W.T.H. de Kok and J.B. Verhoeven is referred to in these general terms and conditions as lessor.
2. The other party shall be referred to in these General Terms and Conditions as the Hirer.
3. Other user(s) who may or may not stay in the accommodation together with the tenant are referred to as guests.
4. The agreement refers to the contract of assignment under which the lessor makes the accommodation available to the lessee in return for payment and whereby the general conditions have been declared applicable.
Article 2: Applicability
1. These conditions apply to all offers, reservations and agreements relating to the accommodation of the lessor to which it has declared these conditions applicable, insofar as these conditions have not been expressly departed from in writing and no conditions of a third platform apply.
2. An agreement between landlord and tenant is established when landlord or a third party offering landlord’s accommodation has sent a reservation or order confirmation.
3. The conditions shall also apply to all guests of the Lessor’s accommodation.
4. The most recently sent version of these general terms and conditions shall always apply.
5. If one or more provisions of these general conditions at any time are wholly or partially invalid or should be annulled, the remaining provisions of these general conditions shall continue to apply in full.
6. Landlord shall have the right to unilaterally amend these terms and conditions if it deems it necessary. The latest version will always be made available to the tenant for approval.
Article 3: Offer
1. The Landlord cannot be held to its offer if the Tenant could reasonably understand that the offer, or any part thereof, contains an obvious mistake or clerical error.
2. An offer does not automatically apply to future reservations.
3. Images of the accommodation are as true a reflection of the accommodation. However, no rights can be borrowed from these images. Landlord shall have the right to adjust the layout if it deems it necessary.
4. Landlord’s offer can only be reserved by persons over the age of 30. Reservations by persons under the age of 30 will not be considered.
Article 4: Rates & terms
1. The agreement is entered into for the reserved period, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
2. The rates stated in the offer are inclusive of VAT unless otherwise stated. The offer shows the price per night multiplied by the number of nights. The mandatory cleaning fee and tourist tax are listed and charged separately.
3. The price per night includes made beds, use of towels, tea towels, washer and dryer, household items such as basic spices, oil, coffee, tea, dishwasher and laundry detergent. Any other additional options not included in the reservation as indicated in the offer may be purchased at an additional cost.
4. Acceptance of the offer creates the obligation to pay for the entire reservation.
5. Landlord invoices in advance, via a one-time payment. The reservation is final only after full payment.
6. The rates agreed upon at the conclusion of the agreement are based on the price level applicable at that time. Landlord has the right to adjust the fees at any time. For already confirmed reservations, the agreed rate will continue to apply.
7. If the landlord’s costs have demonstrably and unexpectedly increased after the conclusion of the contract (energy, taxes, etc.), the landlord has the right to charge the increased price to the tenant. The price increase will not exceed 5% of the previously agreed price.
8. Any discounts or offers can no longer be used once the order and/or reservation confirmation has been sent.
9. It is not possible to combine different discounts and/or offers.
10. If landlord and tenant have agreed to replace the tenant and/or other guests then tenant remains jointly and severally liable for the amount due, any damages and cancellation fees. For more information, please refer to Article 7.4.
11. Invoices must be paid within 14 calendar days of the invoice date, unless the parties have made other arrangements in writing, the stay begins earlier or a different payment term is stated on the invoice.
12. If the tenant fails to pay an invoice on time, the tenant shall be in default by operation of law and shall owe statutory interest. Interest on the amount due will be calculated from the time the tenant is in default until the full amount due is paid.
13. If the tenant is in default or breach of contract in the performance of its obligations, all reasonable costs incurred in obtaining satisfaction out of court shall be borne by the tenant.
14. In case of liquidation, bankruptcy, attachment or suspension of payment of the tenant, the claims of the landlord against the tenant are immediately due and payable.
Article 5: Offers
1. Any discounts or offers can no longer be used once the order and/or reservation confirmation has been sent.
2. It is not possible to combine different discounts and/or offers.
3. Landlord is not responsible for offers and/or promotions on third-party platforms
Article 6: Provision of Information
1. Tenant shall make available to Landlord in a timely manner all information relevant to the performance of the assignment.
2. Tenant guarantees the accuracy, completeness and reliability of the data provided, even if they come from third parties. Landlord will keep the data confidential.
3. Tenant shall indemnify Landlord for any damage resulting from failure to comply with the provisions of this Article.
4. If the tenant does not provide the required information or does not do so in time and the reservation is jeopardized as a result, the resulting additional costs shall be borne by the tenant.
5. Landlord will act according to the guidelines of the AVG and will delete the information provided within the set and required time limits.
Article 7: House Rules
1. On the agreed day of arrival, the Tenant may occupy the accommodation from 15:00, unless otherwise agreed. On the day of departure, Tenant must vacate the accommodation by 11:00 am, unless otherwise agreed. All dependent on follow-up tenants and cleaning schedule.
2. Tenant shall respect and treat the marina staff, local residents and other tenants at Residence Marina as Tenant would like to be treated. Tenant must not cause a nuisance and must be respectful of others’ (personal) property. The harbor is intended for recreation. Aggression, in any form, will not be tolerated.
3. Pets are not allowed in the accommodation of landlord.
4. Public drunkenness and drug use are not permitted.
5. Smoking is not allowed in the accommodation.
6. It is not allowed to organize parties in the accommodation.
7. It is not permitted to create content of a pornographic and/or sexual nature in and around the accommodation.
8. Apartment De Kokverhoeven is suitable for up to 4 people. It is not permitted to create, in any way, additional sleeping space. Guests are welcome, but the maximum capacity for the night is 4.
9. Between 22:00 and 08:00 we respect the peace and quiet of the residents and other users of Residence Marina.
10. It is not allowed to leave trash lying around. Garbage is deposited in the appropriate containers.
11. It is not allowed to charge electric cars through the power supply of the accommodation.
12. Because Lessor’s accommodation is located in the marina and in Residence Marina, any additional house rules apply. Tenant is responsible for making himself aware of these rules.
13. If the tenant does not comply with the house rules then the agreement may be terminated with immediate effect and additional costs may be charged.
Article 8: Modification & Cancellation
1. An agreement is entered into for the entire duration of the reservation. If the tenant terminates the use of the accommodation earlier than the agreed dates, the tenant is not entitled to a refund of (part of) the costs, unless otherwise agreed.
2. If the reservation is cancelled a cancellation fee may be due. The cancellation fee is as follows:
More than 30 calendar days before the arrival date: no cancellation fees
15 – 30 calendar days prior to the arrival date: 25% of the total reservation
8 – 14 calendar days prior to the arrival date: 50% of the total reservation
4 – 7 calendar days prior to the arrival date: 75% of the total reservation
0 – 3 calendar days before the arrival date: 100% of the total reservation
3. If Tenant has not arrived within 24 hours of the agreed date and without further notice, this shall be considered a cancellation.
4. Tenant may transfer a reservation to another person only if agreed in writing with Landlord and after sending the necessary details of a new tenant. Additional guests are also subject to change by (written) agreement.
5. Landlord reserves the right at all times and without giving any reason to refuse deviating reservations, for example because they are not of a recreational nature, or to set additional conditions.
6. The Landlord shall at all times be entitled to dissolve the contract if such dissolution is justified by the emergence of new or changed circumstances that make continuation of the contract undesirable or impossible.
Article 9: Force majeure
1. In case of force majeure, the parties are entitled to interrupt or reschedule the agreement. Force majeure shall exist, inter alia, if the performance of the agreement is prevented, temporarily or otherwise, by circumstances beyond the reasonable control of the parties, such as illness, a pandemic, accidents, fire or governmental action.
2. If a situation as described in the first paragraph of this article arises, or other circumstances occur which make it temporarily impossible to continue the agreement, the obligations shall be suspended for as long as the parties are unable to meet their obligations. In such a situation, the parties shall jointly seek a solution. If this situation continues without an appropriate solution, both parties have the right to terminate the agreement in writing without undoing it. The costs incurred up to that point shall become immediately due and payable.
3. In the event that the reflex effect does not apply, the parties are obliged to reschedule the work and the payment obligation remains in place.
Article 10: Liability for damages
1. Landlord shall not be liable for any damage resulting from this Agreement.
2. The Landlord shall not be liable for any damage arising because it relied on incorrect or incomplete information provided by or on behalf of the Tenant.
3. Landlord is not liable for any consequences of electronic communication, including but not limited to, non-delivery, damage to data, manipulation, interception by third parties or transmission of viruses.
4. Tenant and/or guests of the accommodation are jointly and severally liable for an orderly state of affairs in and around the rented accommodation or elsewhere in the harbor.
5. Tenant and/or guests are jointly and severally liable for damage due to breakage and/or loss and/or damage to the inventory of the accommodation or the accommodation itself. Any damage must be reported by the tenant and/or guests to the landlord immediately. Damage must be compensated immediately, unless the tenant can prove that the damage was not caused by fault of the tenant and/or guests.
6. Landlord is not liable for the loss of personal property of Tenant and/or guests in the accommodation.
7. If the tenant and/or guests cause a nuisance of any kind or exhibit misconduct then the landlord may terminate the contract with immediate effect. In any case, a nuisance exists if other users of Residence Marina or employees of the marina qualify it as such. In doing so, the tenant is not entitled to a refund of the rent.
8. Tenant shall have proper insurance in place at all times to recover damages
Article 11: Intellectual property
1. The intellectual property rights to the images, content and documentation made available by the Landlord to the Tenant during the term of the agreement are vested in the Landlord. The renter is expressly not permitted to reproduce, publish or make available to third parties the material and documentation and media provided without prior consent.
2. Any act in violation of the provisions of this article shall be considered copyright infringement.
3. In the event of infringement, the Landlord shall be entitled to compensation amounting to at least three times the usual fee charged by it for such a form of use, without losing any right to compensation for other losses suffered.
Article 12: Special provisions
1. A person designated by the lessor shall have access to the accommodation at all times in case of emergency or in case of repairs. If possible, this will be coordinated with the tenant in advance or announced. The details of this person can also be found in the apartment.
2. Both parties shall be bound to secrecy of all confidential information obtained within the framework of their agreement. Landlord is referred to the privacy statement for more information.
Article 13: Complaints:
1. The Tenant is obliged to make complaints about the offer and payments known to the Landlord in writing, stating the reasons, within 14 calendar days after the complaint arose. Landlord will respond substantively at least within 14 calendar days.
2. Tenant is obliged to make complaints about the stay known to landlord with reasons immediately after the complaint arises. Landlord strives to respond to this immediately and at least within 72 hours substantively.
3. Filing a complaint does not suspend the payment obligation.
Article 14: Dispute Resolution
1. These general terms and conditions are governed by Dutch law.
2. The parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.
3. Disputes shall be settled only in the district in which the lessor is located, unless a legal provision obliges otherwise.
4. Notwithstanding the statutory limitation periods, the limitation period for all claims and defenses against the lessor and involved third parties shall be 12 months.