A booking through YourVillaCollection results in two agreements: a mediation agreement with YourVillaCollection and a rental agreement with the holiday home owner.
RENTAL CONDITIONS HOLIDAY HOMES
I Definitions
1.1. (Main) tenant: a natural or legal person who concludes a rental agreement with the landlord in respect of a holiday home.
1.2. Co-tenant: a person staying in the holiday home together with the (main) tenant.
1.3. Landlord: the natural or legal person who lets the holiday home to the tenant.
1.4. The agreement: the rental agreement between the lessor and the (main) tenant.
1.5. The rental conditions: the present rental conditions used by the lessor.
1.6. YourVillaCollection: the private limited company B.V., which mediates in the conclusion of the rental agreement between landlord and tenant with regard to holiday homes, and which acts as an authorised representative of the landlord in the cases mentioned below.
1.7. The website: the website of YourVillaCollection with internet address www.YourVillaCollection.com.
II Applicability rental conditions
2.1. The rental conditions apply to the contract, as well as to all offers, quotations, agreements with and services of the lessor, unless the parties expressly agree otherwise.
2.2. The rental conditions shall, if reasonably possible, be provided to the (main) lessee before or at the conclusion of the agreement. As far as the rental agreement comes about through mediation by YourVillaCollection, the rental conditions will be handed to the tenant by YourVillaCollection on behalf of the landlord.
III Agreement
3.1. The agreement is entered into between the landlord and the tenant.
3.2. If the agreement is established through mediation by YourVillaCollection and through the website, the agreement is effected by providing the booking order on the website of YourVillaCollection. If the contract is established by telephone through mediation by YourVillaCollection, the contract is effected when the booking order is given by the tenant to YourVillaCollection by telephone. YourVillaCollection confirms a booking through the website by e-mail within 24 hours after the booking order. Other bookings will be confirmed by YourVillaCollection as soon as possible.
3.3. The confirmation shall also include the name and contact details of the lessor.
3.4. If the confirmation contains inaccuracies, the tenant should report this to YourVillaCollection within two working days after the booking.
3.5. YourVillaCollection, on behalf of the landlord, is entitled to refuse a booking due to the (youthful) age and size of a group of tenants. Further conditions may also be imposed in such a case, such as payment of a deposit. Bookings of tenants under the age of 18 will be refused.
3.6. The contract is not subject to the statutory right of withdrawal (cooling off period).
3.7 After conclusion of the contract, the traveller may request changes to it.
This shall be subject to the proviso that the traveller pays the modified travel sum less any amounts already paid. Furthermore, he shall be obliged to pay an amount stated in the offer for amendment costs per booking and any communication costs. A decision on the request will be made as soon as possible. To the extent possible, these changes will be made up to 28 calendar days prior to departure, in which case they will be confirmed in writing by the tour operator.
3.8 The tour operator shall give reasons for rejecting the traveller's request for alterations and shall inform the traveller immediately. The traveller may either maintain or cancel the original agreement. In the latter case, Article IV shall apply. If the traveller fails to respond to the rejection of his request, the original agreement shall be executed.
IV Cancellation
4.1. The (main) tenant is entitled to cancel a booking in writing, free of charge, no later than two working days after the booking, unless the stay in the holiday home is within one month of the booking.
4.2. After expiry of the period specified in 4.1, the tenant shall only be entitled to cancel in writing against payment of the following cancellation charges:
a. for cancellation up to 42 days before the day of arrival: 30% of the rent;
b. for cancellation from the 42nd day up to the 28th day before the day of arrival: 60% of the rent;
c. cancellation from the 28th day before the day of arrival: 90% of the rent;
d. cancellation on the day of arrival or later: the full rental sum.
4.3. Cancellation of a booking by the (main) tenant also counts as cancellation for co-tenants;
4.4. A cancellation made on a Saturday or Sunday or on a public holiday applicable in the Netherlands shall be deemed to have been made on the next working day applicable in the Netherlands;
4.5. A request to cancel the agreement as referred to in articles 4.1 to 4.4 must be addressed to YourVillaCollection, which will process the request on behalf of the landlord.
V Rent and payment
5.1. The landlord has authorised YourVillaCollection to collect the rental fee on his or her behalf.
5.2. Unless otherwise agreed, the rental sum is:
- based on the rental price of the holiday home applicable during confirmation;
- including turnover tax;
- including costs explicitly stated on the website in the description of the holiday home;
- exclusive of booking fees;
- exclusive tourist tax;
- exclusive deposit and any additional costs for additional supplies and services including, for example, (final) cleaning costs and parking costs. These are, unless otherwise agreed, collected by the lessor himself;
5.3. The (main) tenant shall pay 50% of the rental sum within five calendar days of the date of the confirmation as referred to in article 3.2. by deposit or transfer to the bank or giro account stated on the confirmation.
5.4. The remaining rental sum must be paid to YourVillaCollection no later than six weeks before the start of the rental period in the manner mentioned in article 5.3. Mentioned manner.
5.5. For bookings within six weeks before the start of the rental period, the entire rental sum must be transferred within five days after the date of the confirmation in the manner stated above under article 5.3.
5.6. For bookings made within ten calendar days before commencement of the lease period, the entire lease price is to be paid by urgent transfer in the manner indicated above under Article 5.3. In any event, the rental sum must be credited to the bank or giro account stated in the confirmation no later than 3 days before commencement of the rental period.
5.7. If the agreed payment term is exceeded, the (main) tenant shall be in default from the day of expiry of the term, without any further notice of default by YourVillaCollection being required. The renter is liable for statutory interest from that moment.
5.8. As soon as the tenant is in default, YourVillaCollection is entitled to cancel the agreement on behalf of the landlord. In that case, the tenant will owe the cancellation fee as described in 4.2.
5.9. The judicial and extrajudicial costs incurred by the lessor in relation to the collection of the amounts owed to the lessor and not paid - on time - shall be borne by the (main) tenant. The extrajudicial costs shall be set at 15% of the principal amount of the claim, unless this amount, considering the collection work and the amount due, is unfair. Judicial costs shall be subject to the actual costs reasonably incurred.
VI Liability of tenant(s)
6.1. The (main) tenant shall be liable to the lessor for all loss and/or damage arising during the rental period of the holiday home for the lessor as a result of the stay, regardless of whether such damage was caused by acts or omissions of the (main) tenant and/or co-tenants, or by third parties who are in the holiday home due to their actions, or by any animal or property in their possession.
VII Complaints and liability
7.1. Any defects in the holiday home discovered by the tenant must be reported by the tenant to the landlord and to YourVillaCollection without delay and within 24 hours of their occurrence or discovery.
7.2. If the defect concerns a characteristic or condition of the holiday home that is not attributable to the tenant, as a result of which the holiday home does not provide the tenant with the enjoyment that the tenant might expect on the basis of the agreement, the landlord is obliged to repair the defect. The tenant must always give the landlord the opportunity to repair any defects.
7.3. If, in the opinion of the tenant, the complaint is not satisfactorily resolved by the landlord, YourVillaCollection shall, in a situation as mentioned in article 7.2, contact the landlord and mediate between the tenant and the landlord in order to try to reach a solution. YourVillaCollection can also make financial arrangements with the tenant on behalf of the landlord. The provisions of this paragraph are explicitly a best effort obligation of YourVillaCollection.
7.4. If an amicable solution to the complaint is not reached, YourVillaCollection shall, insofar as this has not already happened, at the request of the tenant, provide the landlord with the information available to him in order to give the tenant the opportunity to make a claim against the landlord.
7.5. Subject to the restrictions below, the landlord shall be liable to the tenant if the tenant has suffered financial loss as a result of an attributable failure by the landlord to fulfil his obligations under the agreement.
7.6. The landlord shall not be liable insofar as the tenant has been able to recover any damage from insurance, such as travel insurance or cancellation insurance.
7.7. The liability for damages and costs that the tenant may suffer in the exercise of his profession or business is excluded, except for intent or gross negligence of the landlord.
7.8. Without prejudice to the provisions in the previous paragraphs of this article, the landlord's liability for damage other than caused by death or injury of the tenant shall be limited to a maximum of three times the travel sum, unless there is intent or gross negligence on the part of the landlord.
VIII Dissolution of the agreement
8.1. The landlord is entitled to terminate the agreement in writing or by e-mail with immediate effect and to demand the immediate eviction of the holiday home, if the tenant seriously neglects his duty of care for the holiday home, if he accommodates more or other persons and/or animals in the holiday home than permitted under the agreement, or if he causes damage to the holiday home, if he causes a nuisance, or otherwise fails to fulfil his obligations as a good tenant. In such a case, the tenant shall not be entitled to a refund of (part of) the rental sum, and the tenant shall be obliged to compensate the landlord for any damage suffered by the landlord as a result of the tenant's acts or omissions.
8.2. If the landlord cannot deliver the holiday home due to circumstances beyond his control, the landlord shall be entitled to dissolve the agreement. In that case, the tenant will be refunded the rental sum but will not be entitled to any compensation for costs or damages. In such a case, the landlord shall make every effort to offer the tenant as equal an alternative as possible for the same or another period.
8.3. The landlord may be represented by YourVillaCollection in the execution of the rights and obligations under paragraphs 8.1 and 8.2.
IX Final provisions
9.1. The landlord is not allowed to sublet the holiday home or otherwise give it in use or make it available to third parties.
9.2. If the landlord in any case does not rely on any provision of the general conditions, or deviates from them, this does not mean that he will no longer be able to rely on these general conditions in the following cases.
9.3. All offers, agreements and the execution thereof, to which these hire conditions apply in full or in part, shall be governed exclusively by Dutch law.
9.4. Disputes arising from the agreement concluded between the parties, including the mere collection of the amount due, shall be brought before the civil court in Alkmaar, only insofar as permitted by law.
Copyright YourVillaCollection 2024
A booking through YourVillaCollection results in two agreements: a mediation agreement with YourVillaCollection and a rental agreement with the holiday home owner.
RENTAL CONDITIONS HOLIDAY HOMES
I Definitions
1.1. (Main) tenant: a natural or legal person who concludes a rental agreement with the landlord in respect of a holiday home.
1.2. Co-tenant: a person staying in the holiday home together with the (main) tenant.
1.3. Landlord: the natural or legal person who lets the holiday home to the tenant.
1.4. The agreement: the rental agreement between the lessor and the (main) tenant.
1.5. The rental conditions: the present rental conditions used by the lessor.
1.6. YourVillaCollection: the private limited company B.V., which mediates in the conclusion of the rental agreement between landlord and tenant with regard to holiday homes, and which acts as an authorised representative of the landlord in the cases mentioned below.
1.7. The website: the website of YourVillaCollection with internet address www.YourVillaCollection.com.
II Applicability rental conditions
2.1. The rental conditions apply to the contract, as well as to all offers, quotations, agreements with and services of the lessor, unless the parties expressly agree otherwise.
2.2. The rental conditions shall, if reasonably possible, be provided to the (main) lessee before or at the conclusion of the agreement. As far as the rental agreement comes about through mediation by YourVillaCollection, the rental conditions will be handed to the tenant by YourVillaCollection on behalf of the landlord.
III Agreement
3.1. The agreement is entered into between the landlord and the tenant.
3.2. If the agreement is established through mediation by YourVillaCollection and through the website, the agreement is effected by providing the booking order on the website of YourVillaCollection. If the contract is established by telephone through mediation by YourVillaCollection, the contract is effected when the booking order is given by the tenant to YourVillaCollection by telephone. YourVillaCollection confirms a booking through the website by e-mail within 24 hours after the booking order. Other bookings will be confirmed by YourVillaCollection as soon as possible.
3.3. The confirmation shall also include the name and contact details of the lessor.
3.4. If the confirmation contains inaccuracies, the tenant should report this to YourVillaCollection within two working days after the booking.
3.5. YourVillaCollection, on behalf of the landlord, is entitled to refuse a booking due to the (youthful) age and size of a group of tenants. Further conditions may also be imposed in such a case, such as payment of a deposit. Bookings of tenants under the age of 18 will be refused.
3.6. The contract is not subject to the statutory right of withdrawal (cooling off period).
3.7 After conclusion of the contract, the traveller may request changes to it.
This shall be subject to the proviso that the traveller pays the modified travel sum less any amounts already paid. Furthermore, he shall be obliged to pay an amount stated in the offer for amendment costs per booking and any communication costs. A decision on the request will be made as soon as possible. To the extent possible, these changes will be made up to 28 calendar days prior to departure, in which case they will be confirmed in writing by the tour operator.
3.8 The tour operator shall give reasons for rejecting the traveller's request for alterations and shall inform the traveller immediately. The traveller may either maintain or cancel the original agreement. In the latter case, Article IV shall apply. If the traveller fails to respond to the rejection of his request, the original agreement shall be executed.
IV Cancellation
4.1. The (main) tenant is entitled to cancel a booking in writing, free of charge, no later than two working days after the booking, unless the stay in the holiday home is within one month of the booking.
4.2. After expiry of the period specified in 4.1, the tenant shall only be entitled to cancel in writing against payment of the following cancellation charges:
a. for cancellation up to 42 days before the day of arrival: 30% of the rent;
b. for cancellation from the 42nd day up to the 28th day before the day of arrival: 60% of the rent;
c. cancellation from the 28th day before the day of arrival: 90% of the rent;
d. cancellation on the day of arrival or later: the full rental sum.
4.3. Cancellation of a booking by the (main) tenant also counts as cancellation for co-tenants;
4.4. A cancellation made on a Saturday or Sunday or on a public holiday applicable in the Netherlands shall be deemed to have been made on the next working day applicable in the Netherlands;
4.5. A request to cancel the agreement as referred to in articles 4.1 to 4.4 must be addressed to YourVillaCollection, which will process the request on behalf of the landlord.
V Rent and payment
5.1. The landlord has authorised YourVillaCollection to collect the rental fee on his or her behalf.
5.2. Unless otherwise agreed, the rental sum is:
- based on the rental price of the holiday home applicable during confirmation;
- including turnover tax;
- including costs explicitly stated on the website in the description of the holiday home;
- exclusive of booking fees;
- exclusive tourist tax;
- exclusive deposit and any additional costs for additional supplies and services including, for example, (final) cleaning costs and parking costs. These are, unless otherwise agreed, collected by the lessor himself;
5.3. The (main) tenant shall pay 50% of the rental sum within five calendar days of the date of the confirmation as referred to in article 3.2. by deposit or transfer to the bank or giro account stated on the confirmation.
5.4. The remaining rental sum must be paid to YourVillaCollection no later than six weeks before the start of the rental period in the manner mentioned in article 5.3. Mentioned manner.
5.5. For bookings within six weeks before the start of the rental period, the entire rental sum must be transferred within five days after the date of the confirmation in the manner stated above under article 5.3.
5.6. For bookings made within ten calendar days before commencement of the lease period, the entire lease price is to be paid by urgent transfer in the manner indicated above under Article 5.3. In any event, the rental sum must be credited to the bank or giro account stated in the confirmation no later than 3 days before commencement of the rental period.
5.7. If the agreed payment term is exceeded, the (main) tenant shall be in default from the day of expiry of the term, without any further notice of default by YourVillaCollection being required. The renter is liable for statutory interest from that moment.
5.8. As soon as the tenant is in default, YourVillaCollection is entitled to cancel the agreement on behalf of the landlord. In that case, the tenant will owe the cancellation fee as described in 4.2.
5.9. The judicial and extrajudicial costs incurred by the lessor in relation to the collection of the amounts owed to the lessor and not paid - on time - shall be borne by the (main) tenant. The extrajudicial costs shall be set at 15% of the principal amount of the claim, unless this amount, considering the collection work and the amount due, is unfair. Judicial costs shall be subject to the actual costs reasonably incurred.
VI Liability of tenant(s)
6.1. The (main) tenant shall be liable to the lessor for all loss and/or damage arising during the rental period of the holiday home for the lessor as a result of the stay, regardless of whether such damage was caused by acts or omissions of the (main) tenant and/or co-tenants, or by third parties who are in the holiday home due to their actions, or by any animal or property in their possession.
VII Complaints and liability
7.1. Any defects in the holiday home discovered by the tenant must be reported by the tenant to the landlord and to YourVillaCollection without delay and within 24 hours of their occurrence or discovery.
7.2. If the defect concerns a characteristic or condition of the holiday home that is not attributable to the tenant, as a result of which the holiday home does not provide the tenant with the enjoyment that the tenant might expect on the basis of the agreement, the landlord is obliged to repair the defect. The tenant must always give the landlord the opportunity to repair any defects.
7.3. If, in the opinion of the tenant, the complaint is not satisfactorily resolved by the landlord, YourVillaCollection shall, in a situation as mentioned in article 7.2, contact the landlord and mediate between the tenant and the landlord in order to try to reach a solution. YourVillaCollection can also make financial arrangements with the tenant on behalf of the landlord. The provisions of this paragraph are explicitly a best effort obligation of YourVillaCollection.
7.4. If an amicable solution to the complaint is not reached, YourVillaCollection shall, insofar as this has not already happened, at the request of the tenant, provide the landlord with the information available to him in order to give the tenant the opportunity to make a claim against the landlord.
7.5. Subject to the restrictions below, the landlord shall be liable to the tenant if the tenant has suffered financial loss as a result of an attributable failure by the landlord to fulfil his obligations under the agreement.
7.6. The landlord shall not be liable insofar as the tenant has been able to recover any damage from insurance, such as travel insurance or cancellation insurance.
7.7. The liability for damages and costs that the tenant may suffer in the exercise of his profession or business is excluded, except for intent or gross negligence of the landlord.
7.8. Without prejudice to the provisions in the previous paragraphs of this article, the landlord's liability for damage other than caused by death or injury of the tenant shall be limited to a maximum of three times the travel sum, unless there is intent or gross negligence on the part of the landlord.
VIII Dissolution of the agreement
8.1. The landlord is entitled to terminate the agreement in writing or by e-mail with immediate effect and to demand the immediate eviction of the holiday home, if the tenant seriously neglects his duty of care for the holiday home, if he accommodates more or other persons and/or animals in the holiday home than permitted under the agreement, or if he causes damage to the holiday home, if he causes a nuisance, or otherwise fails to fulfil his obligations as a good tenant. In such a case, the tenant shall not be entitled to a refund of (part of) the rental sum, and the tenant shall be obliged to compensate the landlord for any damage suffered by the landlord as a result of the tenant's acts or omissions.
8.2. If the landlord cannot deliver the holiday home due to circumstances beyond his control, the landlord shall be entitled to dissolve the agreement. In that case, the tenant will be refunded the rental sum but will not be entitled to any compensation for costs or damages. In such a case, the landlord shall make every effort to offer the tenant as equal an alternative as possible for the same or another period.
8.3. The landlord may be represented by YourVillaCollection in the execution of the rights and obligations under paragraphs 8.1 and 8.2.
IX Final provisions
9.1. The landlord is not allowed to sublet the holiday home or otherwise give it in use or make it available to third parties.
9.2. If the landlord in any case does not rely on any provision of the general conditions, or deviates from them, this does not mean that he will no longer be able to rely on these general conditions in the following cases.
9.3. All offers, agreements and the execution thereof, to which these hire conditions apply in full or in part, shall be governed exclusively by Dutch law.
9.4. Disputes arising from the agreement concluded between the parties, including the mere collection of the amount due, shall be brought before the civil court in Alkmaar, only insofar as permitted by law.
Copyright YourVillaCollection 2024