General Terms and Conditions
GENERAL TERMS AND CONDITIONS RENTALS EGMOND
Rentals Egmond is a rental mediation agency which acts on behalf of and in commission of owners of accommodations to be rented such as apartments, residential homes and summer houses.
Data Rentals Egmond:
1931 CJ Egmond aan Zee
Chamber of Commerce: 62274139
VAT number: NL854739853B01
IBAN: NL24 INGB 0006 4768 60
Article 1: Conclusion and content agreement
1.1 Offer and acceptation
1.1.a. The agreement is concluded by acceptation of the offer of Rentals Egmond by the tenant. After conclusion of the agreement the tenant shall receive in writing or along electronic way as soon as possible a confirmation hereof.
1.1.b. In case of booking via internet the tenant is pointed out before acceptation of the contract that he concludes an agreement and which terms and conditions are applicable. By the confirmation of the booking by Rentals Egmond the tenant is bound by this agreement.
1.2. Recall offer
The offer of Rentals Egmond is non-binding and can if necessary be recalled. Recall because of correction of errors in the calculation of the rental sum or of other errors is permitted. The recall should take place as soon as possible, but within 1 week after confirmation of acceptation stating reasons. The tenant has in that case a right to immediate refund of possibly paid amounts.
1.3. Obvious errors
Obvious errors and obvious mistakes do not bind Rentals Egmond. Such errors and mistakes are errors and mistakes that – from the perspective of the average tenant – are or should be known as such on first sight.
1.4. Arrival and departure times
The arrival and departure times will be stated in the contract. Possible deviations of these times will be discussed in consultation with the tenant and confirmed via email or by phone. If special circumstances on the day of arrival (for instance an unexpected disruption), Rentals Egmond reserves the right to move the arrival time. The tenant will be notified hereof as soon as possible and by preference by phone.
1.5. Cancellation by Rentals Egmond in case of unforeseen circumstances
1.5.a. Rentals Egmond has the right to cancel the agreement with immediate effect if circumstances arise because of which the rented object is not available. These circumstances can be: sale of the accommodation, the being inhabitable of the accommodation, unforeseen termination of the rent by the owner of the accommodation etc.
1.5.b. Rentals Egmond shall in case of cancellations mentioned under article 1.5.a make as many efforts as possible to allocate the tenant elsewhere. Possible price differences both in case of higher or lower amounts will then be settled.
Article 2: Rental sum and payment
2.1 Rental sum
2.1.1 The rental sum as stated in the confirmation, consists of the gross rental amount increased with:
- Cleaning costs(one-time per contract)
- Reservation costs (one-time per contract)
- Tourist tax (per person per night)
- Extra surcharges (for instance linen package, children’s’ chair, children’s’ bed, etc.)
2.2. Down payment:
2.2.1 Upon the conclusion of the agreement a down payment needs to be made. The down payment amounts to 25% of the gross rental amount. The down payment must be in the possession of Rentals Egmond within 7 days after the date of the confirmation.
2.3. Remainder of the amount:
2.3.1. The remainder of the rental sum should be in the possession of Rentals Egmond no later than 30 days before the arrival day. The tenant is in default if payment has not taken place timely.
2.4. For both the down payment and the remainder of the amount the rule is: if the tenant has not paid on time, then Rentals Egmond will send the tenant a payment reminder free of charge, within which the tenant is given a term of seven calendar days to make the payment after all. If payment also then remains absent, then the agreement is deemed to be cancelled on the day of default. Rentals Egmond has the right to charge the due cancellation costs. In that case the stipulations of article 4 are applicable and the already paid amounts will be set-off with the cancellation costs.
2.5 If the agreement is concluded within 4 weeks before the day of arrival, the entire rental sum should be paid immediately.
Article 3: Changes by the tenant
Changes after conclusion of the agreement by the tenant can take place in consultation with Rentals Egmond it being understood that Rentals Egmond has the right to reject a change and/or to make a calculation of the extra/lesser costs. If this leads to a cancellation of the agreement, then the cancellation arrangement as set forth in article 4, shall apply.
Article 4: Cancellation by the tenant
If an agreement is cancelled, the following costs will be charged by Rentals Egmond:
- the due reservation costs, increased with:
- in case of cancellation up to the 42nd calendar day (exclusive) before the arrival day: the down payment;
- in case of cancellation from the 42nd calendar day (inclusive) up to the 28th day (exclusive) before the arrival day: 60% of the gross rental amount;
- in case of cancellation from the 28th calendar day (inclusive) till the arrival day: 90% of the gross rental amount;
- in case of cancellation on the arrival day or later: the full gross rental amount.
- In case of cancellation during the stay: the full gross amount + all surcharges
Cleaning costs, tourist tax and other surcharges are not due in case of cancellation, except the cancellation during the stay.
Article 5: Liability tenant(s)
The tenant is towards Rentals Egmond liable for all loss and/or damage that arises during the rental period of the accommodation for Rentals Egmond as a consequence of the stay, irrespective of whether this damage was caused by acts or omissions by the tenant and/or fellow-tenants, or by third parties that are in the rented object by the tenants doings, or by any animal or good that they have under them.
Article 6: Complaints and liability
6.1 Defects in/of the accommodation established by the tenant need to be reported by the tenant immediately and within 24 hours of the emergence or the establishment thereof, to Rentals Egmond.
6.2 Rentals Egmond cannot be held liable for possible (noise) hinder from neighbouring accommodations, construction or renovation activities etc.
6.3 In case of disruptions, defects etc. to central installations of the residential building in which the accommodations of Rentals Egmond are located, Rentals Egmond shall notify as soon as possible the responsible person for the building. Rentals Egmond cannot be held liable for the consequences of such incidents.
6.4 If in case of the performance of activity access to the accommodation is necessary, Rentals Egmond is entitled at all times to gain access to the accommodation and oblige its resident guests to give permission for this. As far as possible, Rentals Egmond will inform the staying guests of a visit.
6.5 If the defect concerns a feature not imputable to the tenant or the state of the accommodation, as a consequence of which the accommodation does not provide the tenant with the pleasure that he might expect on the basis of the agreement, Rentals Egmond is required to repair the defect with the exception of the matters referred to in sections 6.2 and 6.3. The tenant is always required to give Rentals Egmond the opportunity to repair possible defects.
6.6 If the complaint in the opinion of tenant is not sufficiently resolved by Rentals Egmond, then Rentals Egmond shall in a situation referred to in article 6.5 enter into contact with the owner of the accommodation and mediate between tenant and owner in order to realize a solution. Rentals Egmond can on behalf of the owner also make a financial arrangement with the tenant. The stipulation in this section of the article is explicitly an obligation to make an effort for of Rentals Egmond.
6.7 If no amicable solution of the complaint is achieved, then Rentals Egmond shall, to the extent that this has not happened, at the request of the tenant, make known to him the data of the owner available, in order to give the tenant the opportunity to commence possible proceedings against the owner.
Article 7:Dissolution of the agreement
7.1 Rentals Egmond is authorised to dissolve the agreement in writing or per e-mail per direct and to require immediate vacation of the accommodation, if the tenant seriously defaults in his duty of care for the accommodation, when he allows more than or other persons and/or animals to stay in the accommodation than permitted according to the agreement, or if he causes damage to the accommodation, if he causes excess hinder or otherwise does not comply with his obligations as a good tenant. In such a case the tenant has no right on restitution of (a part of) the rental sum, and is the tenant obliged to compensate the damage that the owner/landlord suffers as a consequence of the acts or omissions of the tenant.
7.2 If Rentals Egmond cannot deliver the accommodation as a consequence of circumstances that cannot be imputed to him (see also 1.5), then Rentals Egmond is authorised to dissolve the agreement. The tenant shall in that case be refunded for his rental sum but has no right to any compensation of costs or damage. The owner shall in such a case make an effort to offer the tenant an alternative as equal as possible for the same or another period.
7.3 The owner can for the execution of the rights and obligations on the basis of the sections 7.1 and 7.2 be represented by Rentals Egmond.
General Terms and Conditions Rentals Egmond version 04-2018