General conditions - Gite Mainbresson

General rental conditions
vacation home "Gite Mainbresson"
Version: March 2023

Application

These general rental conditions apply to reservations and agreements regarding the vacation rental "Gite Mainbresson" standing and located in Mainbresson.
In these general rental conditions, the term "tenant" means the person who enters into a rental agreement with us regarding the rental of the vacation home.
These terms and conditions apply regardless of your (prior) reference to any terms and conditions of your own or any other terms and conditions. We reject all general terms and conditions to which you refer or which are used by you.
Agreements deviating from these general terms and conditions are valid only if agreed upon in writing.

Article 1 - Reservations

We only accept reservations from persons 18 years of age or older. Reservations by persons under that age are also not valid. We reserve the right to refuse a reservation at any time - without giving reasons.
After you have reserved, you will receive a confirmation, the general rental conditions and an invoice from us within five days. Payment of the invoice is subject to the conditions described in article 2.
We request that you check these documents for accuracy and immediately notify us of any inaccuracies. If you have not received an acknowledgment of receipt from us within 10 days of making the reservation, we request that you contact us immediately the failure to do so, you can no longer claim the reservation, it is cancelled.
An agreement is concluded between you and us when we have confirmed the reservation to you. The agreement concerns the rental of the vacation home for recreational use, which by its nature is of short duration pursuant to Article 7:232 paragraph 2 of the Dutch Civil Code.

Article 2 - Payment

Payment is subject to the following conditions:
1. Payments must be made by bank transfer;
2. You must pay 30% of the invoice amount as well as the entire deposit within 14 days of the invoice date. The remaining 70% must be paid 14 days before the arrival date.
3. If your reservation is within one month before the arrival date, you must pay 100% of the invoice amount as well as the deposit at once upon receipt of the invoice.
< > payment of a (partial) payment or the entire rent, you confirm to have read and agreed to the general rental conditions. The rental ends by right after the expiration of the agreed period. In case of late payment, as described under a of this article, you will be in default immediately after the payment period has expired. In that case, we reserve the right to cancel your reservation and dissolve the agreement.

Article 3 - Deposit

A security deposit in the amount of €200 will be charged to the tenant, which serves to guarantee damage and/or costs in the broadest sense of the word that we may withhold in the event of non-compliance with the obligations of the tenant as a good tenant and those accompanying the tenant.
The deposit, as has already been described in Article 2 under II and III, must be paid together with the (first) payment of the invoice.
In case the deposit is not paid, we are entitled to deny the tenant access to the vacation home. If you fail to pay the deposit, we are also entitled to dissolve the contract with immediate effect.
The deposit or any balance thereof after settlement of any claims (eg damage to inventory / vacation home and / or other costs) within 14 days after departure will be refunded to an account specified by tenant and after this has been passed to landlord. Any (further) claims for damages will not be nullified by us by this refund.
If, in the event of damage (if any), it appears that the deposit is not sufficient to compensate for the full damage, we reserve the right to hold you liable for the (remaining) damage.

Article 4 - Changes

If, after the conclusion of the booking/contract, the Tenant wishes to make changes to the booking, we are not obliged to comply with them. It is at our discretion whether and to what extent changes are accepted. In principle, changes within 4 weeks prior to arrival cannot be permitted.
If, after the booking/period of stay has been made, the tenant changes to a different or non-consecutive/connected period of stay, the cancellation provisions as stated in article 5 apply. A different period of stay shall in any case mean a period that is not within the period of stay reserved by the tenant (and confirmed by the lessor).

Article 5 - Cancellation
Cancellation by the tenant must always be made in writing (by mail or e-mail). This is subject to the following conditions:

Partial payments will not be returned upon cancellation.
If cancelled up to 42 days before the day of arrival, 25% of the rent is due.
If cancelled up to 28 days before the day of arrival, 50% of the rent is due.
In case of cancellation from seven days to the day of arrival, 100% of the rent is due.
If you have not arrived within 24 hours of the agreed date without further notice, this is considered a cancellation and 100% of the rental fee is due
In case of cancellation on our part, any monies already paid will be refunded.

Article 6 - Receipt of key.

Key receipt is via information received via email after booking. The lessee is never entitled to duplicate the key for any reason. Should the lessee nevertheless do so, the lessee will owe a fine of € 500 without prejudice to the actual costs. The key of the vacation home is provided by us on loan to the lessee. The key remains our property. In case of loss, theft or any other way of losing the key the lessee will owe an amount of € 100.
Any costs incurred due to your failure to return the property on time will be recovered from you. Goods found after your departure will be kept for you for a reasonable period of time, but we take no responsibility for them. Returning items can only be done at your expense.
If the tenant and or other users have locked themselves out of the vacation home: Gite Mainbresson, €50 will be charged for this. This will be deducted from the refund of the deposit. For verification, we ask the tenant to identify themselves before handing over the copy key.

Article 7 - Stay in the vacation home.
The following periods and times of stay apply to reservations/stay, namely:

Weekend: Friday from 3 p.m. to 11 a.m. Monday;
Mid week: Monday from 3 p.m. to Friday 11 a.m;
The tenant and other users should conduct themselves as good tenants during their stay in and around the house
On the day of arrival you can use the cottage from 15:00. On the day of departure, the cottage must be vacated by 11:00.
The vacation home is non-smoking. Smoking is allowed outside on the terrace.
No open fire is allowed outside, apart from the bbq place. (see point 9)
Bringing pets is not allowed.
The rental price does not include final cleaning and bed linen rental.
Barbecuing with the provided barbecue place is allowed (it must be left clean before leaving the house).
While the use of water and electricity is included, we kindly ask that you use them sparingly.
Staying more persons in a vacation home than agreed upon (at reservation), or than the applicable maximum of 10 persons for the home is expressly not allowed without our permission, unless otherwise agreed upon in writing. Parties are also prohibited. This may lead to premature termination of the rental agreement on our part, without refund of the rental fee.
Moving closets and beds, as well as sound or television equipment or taking any part of the (indoor) inventory outside is expressly not allowed, with the exception of the dishes/glasses and cutlery for your meal outside.

Article 8 - Force majeure

Force majeure on our part exists if the performance of the agreement is prevented in whole or in part, temporarily or otherwise, by circumstances beyond our control including war risk, personnel strikes, blockades, fire, floods and other disturbances or events.

Article 9 - Liability/complaints/damages.

The tenant and other users in the relevant rental period are fully and severally liable for all damage caused to the house, the inventory and all items belonging to the rented object, unless the tenant and other users can make it plausible that the damage can not be attributed to them. We therefore recommend that upon arrival at vacation home you inspect the inventory carefully for defects and . If you notice any damage or defects, please report them to us immediately.
We accept no liability for theft, loss or damage of or to property or persons of any kind during or as a result of the stay in the vacation rental.
We accept no liability for construction activities on the (main) roads etc. in the vicinity of. We accept no liability in the event of failure or inoperability of technical equipment, utilities, non-functioning or partial non-functioning of the Internet and or TV.
The cost of normal maintenance and repair of defects shall be borne by us. If defects occur, the tenant should notify us immediately and follow our instruction as much as possible.
Should you still wish to make a complaint, it must be submitted to us in writing, stating reasons, within 14 days of leaving the vacation home.

Article 10 - Departure and final cleaning
Additional (cleaning) costs may be charged to the tenant in case of improper use or improper abandonment of the vacation home ; After the end of the period of stay, the tenant is required to leave:

Leaving the house clean and tidy
Everything washed clean, dried off and placed back in the cabinet;
When renting bedding and towels; comforter covers and linens must be placed on the bed. Used towels should be placed in a corner of the bathroom. If they are still wet they will be hung on the laundry rack.
To leave the dishwasher and refrigerator clean and empty;
Bringing food and not leaving it in the cupboard(s) and/or refrigerator/freezer;
Put the cushions of the garden furniture (please) inside where they were found on arrival ;
Garbage cans to have emptied inside. Outside at the back of the garden is a green area where you can deposit GFT waste. There are also 2 garbage cans outside for other waste. Glass should be deposited in the bottle bank further down the street.
Report any breakage and/or damage to the administrators;
Upon closing the property, the provided checklist is used (regarding shutting off water, electricity, shutters and key management).

Article 11 - Applicable law
All our terms and conditions and provisions of the rental agreement/house rules as well as any disputes arising therefrom are governed exclusively by Dutch law.30