Villa Vakantiewoningen BV - General terms and conditions for our guests
1. Definitions Accommodation: the accommodation described in the booking/reservation form. Manager: the person who takes care of the services on site such as the key address, cleaning, and maintenance and who receives the payments which must be made on site by the tenant according to the booking. Tenant: the person mentioned in the booking/reservation form who makes the booking, as well as his fellow travelers and guests staying in the holiday home. Rent: the total rent as stated in the booking/reservation form. Booking: the booking of a holiday accommodation, as set out in the booking and reservation form. Booking and reservation form: the contract between the tenant and the landlord. Lessor: the accommodation provider, tour operator and/or other lessor(s) in the field of travel, with whom the Tenant enters into an Agreement and who, with due observance of the applicable conditions, is solely responsible for the performance of the service. Villa Vakantiewoningen BV: the private company that advises, mediates, and informs about the conclusion of an Agreement between the Landlord and the Tenant in relation to one or more Accommodations. Hereinafter referred to as Villa.nl.
2. Realization of the Booking Agreement
2.1 Booking - As soon as the Renter makes a booking - whether via the internet, in writing, by telephone, by e-mail or in person with the Letter - an agreement is formed to which these general booking conditions apply.
2.2 Reservation request - By placing a reservation request, the Tenant gives Villa.nl the assignment to reserve the holiday home, by which the Tenant is thereafter bound to pay the costs, mentioned on the website.
2.3 Confirmation of reservation and realization of the agreement - As a rule, Villa.nl will confirm the reservation to the Tenant within 24 hours after placing it. This confirmation serves as evidence for the conclusion of the agreement between the Tenant and Villa.nl for the period specified in the reservation confirmation. Within two working days after receipt of the confirmation of the reservation, the Tenant can have any errors corrected free of charge by Villa.nl, in the absence of which the confirmation of the reservation is considered evidence of the existence and contents of the Agreement. This is subject to the resolutive condition that Villa.nl indicates within two working days after the Agreement is concluded - for whatever reason - that renting in the relevant period is not possible.
2.4 Offers - The offers of Villa.nl and the information on its website have been made with care. It is possible that, due to circumstances, the description or photos no longer entirely correspond to the current situation, such as a renovation or an adjustment of the interior. Also, the distances mentioned on her website are approximate. If there are no big differences, Villa.nl cannot be held responsible for this.
2.5 Travel company - The Hirer, also the main guest, is responsible for the total travel company and the correct number of people mentioned. This means that the Hirer must ensure that he/she and the travelling party fulfil the contractual obligations and behave like good guests. At most properties, parties under 30 are only allowed if Tenant will contact Villa.nl about this and has received permission.
2.6 Errors - Villa.nl shall not be bound by any clearly recognizable mistake or error, such as price errors (e.g. because of printing or calculation errors) or allocation errors on the website.
2.7 Subletting - It is not allowed to sublet or offer the Accommodations published by Villa.nl at one's own price.
2.8 Special requests - Villa.nl is happy to take special wishes into account but cannot guarantee that such requests will be met. Special requests, bookings under conditions and oral agreements are only valid if confirmed in writing by Villa.
3. Travel price
3.1 Payment - The full travel price shall be paid by the Renter in Euro, unless specifically stated otherwise. The date of payment is the date on which the payment is received on the bank account of Villa.nl. When paying in other currencies, the Tenant must consider any price differences due to the current exchange rate.
3.2 Payment term - The down payment is at least 35% of the travel sum and is indicated in the booking procedure for each Accommodation. The down payment is due immediately upon receipt of the booking confirmation. The booking is only final once the down payment has been received by Villa.nl on its bank account. The payment of the remaining amount must be received by Villa.nl at least 8 weeks before the arrival date. For bookings made less than 8 weeks before the arrival date, the entire travel sum must be paid immediately.
3.3 Payment after due date - If no down payment and/or final account has been received by the agreed due date, Villa.nl is entitled to cancel the travel agreement. Villa.nl is entitled to charge the cancellation costs to the Tenant. After cancellation of the travel agreement the Accommodation can be booked for other Renters and Villa.nl can no longer guarantee the availability of the Villa to the Renter.
3.4 Deposit and additional costs - For most Accommodations, a deposit is applicable, which is stated in the description. Additional costs may be payable, such as for bed linen or (final) cleaning or other optional choices. The method of payment of the deposit and/or additional costs will be shown in the booking procedure.
3.5 Booking costs - Villa.nl charges an amount per booking to cover administrative costs. This amount is mentioned in the booking.
3.6 Travel papers - Upon receipt of all travel funds and the security deposit, Villa.nl will send tenant details regarding their arrival at the property.
3.7 Insurance - The rental price does not include insurance unless it is expressly stated that the rental price includes insurance, and the type of insurance is specified. Villa.nl advises tenant to take out travel and cancellation insurance for all guests. 3.8 Third Party Liability Insurance - The renter is obliged to be in possession of a valid Third-Party Liability Insurance no later than the start of his/her stay. In case of accidents in and around the vacation villa, the renter is liable.
4. Changing and cancelling
4.1. Modifications by Villa.nl - Villa.nl may make minor modifications to the travel contract but will inform Tenant in advance. In case of a more drastic alteration Villa.nl will first ask Tenant whether he/she agrees or wishes to cancel the booking.
4.2 Cancellation by Villa.nl - In incidental cases it may occur that Villa.nl must cancel the final booking on the second working day after the booking. In this case the (advance) payment will be refunded to the booker in full. Villa.nl can also cancel the travel agreement before the arrival date if compliance with the agreement is not reasonably possible because of unavoidable and extraordinary circumstances. In this case Villa.nl will lose its right to full payment of the booking and the amount already paid will be reimbursed to the Renter.
4.3 Equivalent - If a substantial part of the stay is not or no longer possible because of problems with the Accommodation, Villa.nl will seek an equivalent alternative for the Guest. Villa.nl will try to take into account as much as possible the location, class and facilities of the Accommodation and the composition of the travel group. If the alternative Accommodation is proven to be of lower quality, the Tenant will be eligible for reimbursement. If the alternative Accommodation is proven to be of higher quality, Tenant will be asked to pay an additional amount. In both cases, Tenant also has the option to cancel the travel contract with a refund of the unused stay.
4.4 Cancellation fee Free of charge cancellation within 48 hours - The Tenant can cancel or change his reservation, in writing, without charges, at the latest within two working days after making the Reservation. This is under the condition that the stay is at least 60 days or longer from the reservation date. Up from 48 hours after the reservation has been made, the following costs are applicable. a) In case of cancellation by the Renter 60 days or more before the start of the stay: the down payment of 35% of the travel sum will remain in the possession of Villa.nl. b) In the event of cancellation within a period of 60 days before the start of the rental period, the Tenant will owe Villa.nl the full amount.
4.5 Modifications by Tenant - If Tenant wants to change the Reservation, for example by changing the arrival date or by choosing a different Accommodation, Villa.nl will charge the Tenant an amount that is equal to the cancellation costs. If the Tenant wishes to change the rental period or other essentials of the Agreement, explicit permission from Villa.nl is required. If Villa.nl does not give its permission and the Tenant wishes to cancel the Agreement, the conditions regarding cancellation stated above apply. The cancellation or changes by the Tenant is also considered a cancellation or change for the Fellow traveller(s). The booking can be cancelled by the Guest at any time prior to the arrival date. Cancellations are only processed during working days. Should a cancellation reach us after the end of a working day, we shall process it within 2 working days at the latest. The first working day after receipt of the cancellation determines the amount of the cancellation charge.
4.6 Termination of stay for behavioral reasons - Villa.nl can terminate the rental agreement without observing any notice period if the Tenant, despite warning, continues to disturb the stay or behaves in such a way contrary to the travel agreement that immediate termination of the travel agreement is justified. Such is the case, for example, if other people are put in danger, there is a serious nuisance (to the Property and/or the surrounding area), or when Tenant's party consists of persons under 30 years of age and Tenant has not received permission from Villa.nl In such situations, the Travel Fee will be forfeited immediately, and the Guest will be liable for any damage directly resulting from his/her behavior.
5. Deposit - The Owners of the Accommodations for which Villa.nl acts as an intermediary require the Tenant to pay a deposit. This serves as security for any damage or extra costs caused by the Tenant (e.g. costs for breakage, damage, extra cleaning- or energy costs, staying with more than the permitted number of people, serious noise nuisance, etc.). The amount of the deposit is stated on the Booking Confirmation. Payment of the deposit. A. Cash on arrival: only a few accommodations demand that the deposit is paid in cash on arrival. It will be refunded on departure after deduction of any additional costs and/or damage caused by Tenant. If the deposit is not paid back in cash at departure, the deposit will be refunded by bank transfer. B. Via bank transfer to Villa.nl. This is generally applied.
The payment of the deposit is to be effected with the final payment. Refund of the deposit with deduction of possible expenses Villa.nl is obliged to make the deposit available to the Owner on his first request. After the rental period the deposit can only be repaid with the consent of the Lessor. The lessor's permission must be given within 7 days after the end of the rental period, failing which Villa.nl may return the deposit to the Tenant on its own authority. Upon departure, the Tenant must arrange for a check-out in the presence of the Landlord or Manager. If the Tenant departs early or on another day, it is advised that on the day of departure the Tenant checks by telephone with the Landlord or the Manager whether the delivery of the Accommodation was in order. If there is damage or breakage, the Tenant must report this to the Landlord or Manager upon departure. If the lessor does not give Villa.nl permission to pay back the deposit, Villa.nl will inform the tenant immediately. For substantive questions about settling the deposit, Tenant can contact Villa.nl.
6. Stay
6.1. Arrival - The handover of the keys does not necessarily take place at the Accommodation itself but can take place at the address mentioned in the travel contract. Especially during the season, it can happen that Guests have to wait at a specified location where the key will be handed over/returned by them.
6.2. Check-in - As a rule, check-in takes place between 16:00 and 18:00. If this should deviate for a stay, this will be indicated in the travel agreement. It is the Tenant's responsibility to make every effort to arrive at the date and time stated in the travel agreement. If the Tenant arrives after the last permitted time, the Landlord or the Manager may charge an additional fee.
6.3 Delay or early departure - If Tenant cannot occupy the Accommodation as agreed at the time of booking (e.g. due to very heavy road traffic or for personal reasons) and there are no unavoidable and extraordinary circumstances at the destination, Tenant is not entitled to compensation for the days of stay not taken. The same applies if Tenant leaves the Accommodation earlier.
6.4 Final Cleaning - The final cleaning is obligatory for the Landlord at the extra costs stated on the Reservation Confirmation. The booking confirmation states whether the end cleaning is included. If this is not the case, the relevant costs will be stated, as well as whether these costs must be paid in advance or upon arrival.
6.5 Check out - In general, the Renter is expected to leave the Accommodation at 09.00 hours on the day of departure. The Tenant must arrange a check-out with the Landlord/ Manager. House rules Most properties have house rules which you will find in the Property.
For all homes, however, the following applies, as tenant you need to:
A. Leave the accommodation in a decent state, i.e. broom clean.
B. Items present in and around the accommodation (for example garden furniture) must be returned to their original place (as on arrival).
C. Tableware should be washed up and stored in the appropriate place.
D. The barbecue/plancha and oven must be cleaned. The fridge must be empty.
E. All garbage bags must have been taken to the containers. If Manager discovers that things have not been left behind as they should be, he is entitled to charge extra costs to the Tenant and have Villa.nl deduct these from the deposit.
7. Special conditions and instructions
7.1 Fixed and variable costs - Fixed costs to be paid are indicated in the booking confirmation. Variable costs that depend on the number of persons and age (linen and tourist tax) are also visible in the booking confirmation.
7.2 Energy costs The meter reading is always recorded (on site or remotely) before or during your arrival and on your departure. The cost per kWh indicated in your booking confirmation may be subject to change if there is a significant price increase or decrease.
a) Normal consumption included. This means that the average energy consumption per week is known and included in your Rental Fee. If you consume more, the extra consumption will be settled upon departure or with your Deposit.
b) Charges according to consumption. You will have to pay for your energy consumption at the end of your stay, in cash on site or via your Deposit.
c) Charging Electric and Hybrid cars - Only if charging your Hybrid or Electric car is named as an option at the Accommodation booked by Renter, is it allowed to charge your car. If this is not mentioned and Tenant wants to charge his car at the Accommodation, then Tenant must contact Villa.nl in advance.
7.3 Swimming pool
a) Pool security and responsibility during stay.
I. Landlord is responsible for providing appropriate pool security, according to, in accordance with the legal regulations of France where the Holiday Home is located.
II. Children under 14 years of age may only use the pool under adult supervision where it is compulsory that child(ren) use a life jacket. Security should never be seen as a substitute for parental supervision for their children.
III. Landlord is not liable for accidents in any pool belonging to Accommodation
IV. Tenant must check the operation of the security upon arrival and report any defects to Landlord by return.
V. Accidents in and around the pool are the sole responsibility of Tenant.
b) Swimming pool opened - Pools are generally open from mid-May to the end of September. You can ask Villa.nl for the exact opening dates. There are increasingly more Accommodations where a (heated) swimming pool can be used all year round.
c) Heated swimming pool - If the property states that the pool water can be heated, the Landlord can never be held responsible for the level of the water temperature. The maximum temperature that can be reached depends on the weather. The (temporary) inability of Tenant to use the pool due to too low water temperature can therefore not be charged to Landlord and Villa.nl.
7.4 Extra beds and/or cot.- The booking confirmation will state whether extra beds and/or cots are available. Tenant should always bring its own bedding for a cot. Please check in advance whether a cot is included in the maximum number of persons allowed, or whether an additional person (child) is allowed to stay in the Accommodation. Cots are generally suitable for children up to 2 years old. Extra beds and cots should always be communicated at the time of reservation and, in some cases, confirmed to the Renter. The Reservation Confirmation must contain a note that an extra bed and/or cot has been reserved.
7.5 Pets - Bringing pets to the Accommodation is only permitted if the Landlord has granted prior permission. If this permission is granted, this will be explicitly stated in the booking confirmation, as well as the possible surcharge. In all other cases, the bringing of pets is not permitted and a fine of €150.00 per pet per day may be charged afterwards. Furthermore, the Lessor reserves the right to demand compliance and/or (additional) compensation of any kind. Tenant shall ensure that pets brought along do not have access to bedrooms, furniture, and swimming pools. Tenant shall ensure that the pet does its needs outside the property's garden.
7.6 Water, Electricity, and Internet - Neither Villa.nl nor the lessor can be held responsible for any malfunction of water, electricity, and internet connections. Municipal and/or regional authorities and/or companies can, due to various causes and/or failures, decide on temporary disconnection and/or reduction of distribution.
7.7 Internet and Wifi - If Internet/Wifi is mentioned in the description, this does not automatically mean that the reception and the capacity are of an important level. In France, the reception is often not stable. Villa.nl does not guarantee that Wifi/Internet is always available, nor does it guarantee speed, stability, compatibility, or safety. Therefore, the Renter is responsible for taking adequate safety measures for his/her devices. Internet/Wifi is normally provided for holiday purposes and can therefore be limited. It is therefore not suitable for business use and is at the user's own risk. If you are dependent on the Internet (for your work) you should bring your own gigabyte bundle. There is (almost) everywhere 4G.
7.8 Occupation of accommodation - If Tenant intends to occupy Accommodation with more than the number of persons indicated by Tenant at the time of Reservation, Tenant is obliged to submit a written request to that effect to Villa.nl prior to the rental period. Villa.nl has the right to refuse to do so or to charge an extra fee. Tenant is obligated to occupy the accommodation in accordance with the generally applicable standards. If, without the Landlord's permission, more people than agreed spend the night in the Villa or camp on the accompanying grounds, Tenant is automatically in default of his obligations under the Agreement and is liable for damages. The damage suffered by Landlord because of violation of this provision will be determined in advance at a minimum of €250 per day per person. This provision is a penalty clause in the sense of the law and applies without prejudice to the Landlord's right to demand dissolution and/or compliance and/or (additional) damages of any kind. Tenant is not permitted to sublet the Accommodation or otherwise give it in use or make it available to Third Parties.
7.9 Age Restriction - For persons under 30 years of age and where the co-occupants of the Accommodation to be rented are also under 30 years of age, it is not allowed to book online without the prior consent of Villa. Failure to comply with this rule may result in cancellation of the booking.
7.10 Smoking - It is not permitted to smoke in the Holiday Home. Any ashtrays provided are intended for outdoor use.
7.11 Parties – Events It is prohibited to hold parties or events in the rented accommodation without the landlord's express written permission.
7.12 Music and Sound - It is not permitted to make or play music or make sounds that can be heard outside the boundaries of the rented accommodation. In the case of permission for a party or event, music may be played or played within the framework of the applicable statutory regulations. The tenant is obliged to inform the neighbours, who may be affected by noise, of the upcoming event or party. In the event of a breach of this, we refer you to the article about the deposit, which states that the deposit will be used for any damage suffered due to serious noise nuisance.
7.13 Building activities - The accommodations that are rented are generally private properties of individual owners and generally located in spacious neighborhoods. The accommodations are generally not located in holiday parks, because of which it may occasionally happen that unexpected construction work takes place in the vicinity of the accommodation you have rented. These activities may be carried out by house owners, contractors and/or government institutions, with whom we have no relationship and on whom we cannot exert any influence. The accommodation provider, booking agent or landlord are therefore excluded from any liability for nuisance caused by construction work not commissioned by the accommodation provider itself.
7.14 Satellite and cable TV - If satellite or cable TV is mentioned in the description, this does not automatically mean that the programmes of your home country can be received. The mostly foreign owners have decoders that are not always suitable to receive all international programmes.
7.15 Garden and swimming pool - Accommodations with a garden and/or private swimming pool require regular maintenance. As a rule, this is once or twice a week for swimming pools and once a week for the garden. Tenant is obliged to give maintenance people full access if necessary.
7.16 Garden and Pool Installations - Tenant is not permitted to operate the technical installation of the pool, nor, if present, the heat pump, or other heating system of the pool. If there are problems with the pool (e.g. the pool turns green, the purification system or heating system does not work properly), the Tenant must immediately inform the Landlord / Manager of the Accommodation so that damage can be avoided. It is also not allowed to operate the automatic irrigation system of the garden and the lawn robot mower - if any.
8. Complaints and claims
8.1 Reporting on site - A complaint about the Accommodation must always be reported directly to the Landlord or Manager within 24 hours of its discovery or emergence, so that they can solve the problem. The Tenant must always give the Landlord the opportunity and access to the Accommodation. If the complaint is not resolved satisfactorily, the Renter must immediately notify Villa.nl. Villa.nl can then propose a suitable solution, provided that this solution is reasonably feasible and does not entail excessive costs. If the renter does not immediately notify Villa.nl that the villa does not meet his/her expectations, the renter will lose the right to compensation.
8.2 Complaint - If the shortcoming is of such a nature that it has profound consequences for the rest of the stay and it is not possible to find a solution or an alternative, the Renter will have the possibility to dissolve the travel agreement and, if applicable, he/she will be entitled to, as Villa.nl chooses, a deduction from the travel sum or compensation. Where Villa.nl does not offer a suitable solution within a reasonable period, the Hirer has the right to file a written complaint within 2 weeks after return. After this period, his/her right to complain will expire. This complaint must include all relevant data and be accompanied by evidence in the form of witness statements and / or photographs.
9. Liability/Restriction of liability
9.1 Right to compensation - If the accommodation is not in accordance with the travel contract, the guest may be entitled to compensation unless the damage is due to the following causes: - culpable acts or omissions by the guest or a person travelling with him/her; - unforeseeable or inevitable deficiencies on the part of third parties; - unavoidable, exceptional circumstances.
9.2 External factors - External factors, force majeure, and special regional factors such as the presence of insects, stray animals, inclement weather, or the state of the public road do not entitle the Renter to make a claim against Villa.nl.
9.3 Limitation of liability - Villa.nl's liability for damage arising from failure to fulfil contractual obligations or for Property damage shall be limited to a maximum of 1.25 times the rent, except for, and subject to, those cases in which a limitation of liability for claims relating to, for instance, physical injury is not allowed.
10. Personal data
10.1 Personal Data of Tenant Villa.nl treats the Tenant's data as confidential. They will only be used by Villa.nl and the administrator when necessary for the proper execution of the agreement.
10.2 Mails By making a reservation with Villa.nl, you give Villa.nl permission to send you a mail once or twice a year. You can also unsubscribe from this.
11. Regulations regarding passports, visa, health, customs, and foreign currency
11.1. Compliance - Tenant is personally responsible for compliance with the applicable regulations for the countries of entry and departure, as well as health regulations, passport and visa regulations and regulations for the admission of pets. The Embassies/Consulates in the countries visited will also provide information. All penalties incurred by the Renter because of not complying with these regulations, in particular the payment of cancellation charges, shall be borne by the Renter.
12. Forum and choice of law - In deviation from the legal rules for the competence of the civil court, any dispute between the supplier and the client or customer shall be settled by the competent court in the country and region where the supplier has its registered office. The hirer has the right, during a period of one month after the lessor has invoked this provision in writing, to opt for settlement of the dispute by the civil court with authority according to the law or international treaty. The address provided by the Hirer may be regarded as correct by the Lessor without notice to the contrary. Every agreement between Tenant and lessor is subject to international law. Party to the contract: Villa Vakantiewoningen BV Kerkstraat 45-C 6883HS Velp Netherlands