Article 1 – Definitions
The following definitions shall apply in these General Rental Terms and Conditions:
1. Host: the owner of the holiday home, represented here by Fjord Rentals, whose company details are listed in Article 2;
2. Guest: the other party or consumer with whom the Host has entered into an Agreement;
3. Agreement: an Agreement to rent (out) a holiday home and which is deemed to have been established between the Guest and the Host;
4. Rental Price/Rent Payments: the amount due for the rental of the holiday home, consisting of the price per overnight stay times the number of nights agreed upon. The Rental Price may be increased by Costs and a deposit.
5. Costs: other costs associated with the rental of the Rented Property which are for the Guest's account and may include, for example, cleaning costs, tourist tax and administration costs.
6. Initial Payment: the portion of the Rental Price the Guest owes the Host upon booking;
7. Deposit: the amount the Guest pays to the Host in advance or upon arrival at the holiday home for any expenses, damages or loss for which the Guest is responsible;
8. Arrival and Departure Times: the times agreed upon between the Guest and the Host for arrival at and departure from the holiday home;
9. Party/Parties: the Guest and the Host, either together or separately as an individual contracting party;
10. In Writing: notification by email, by post or by WhatsApp;
11. Third Party/Parties: other natural or legal persons who are not part of this Agreement;
12. Rented Property: the relevant holiday home offered for rent by the Host to the Guest;
13. Services: the rental of holiday homes for recreational purposes and the provision of the Rented Property by the Host in connection therewith.
Article 2 – Identity of Fjord Rentals
Company name: Fjord Rentals BV
Street name and number: Van der Houven van Oordtlaan 2
Post code and place of business: 7316 AH Apeldoorn, The Netherlands
Chamber of Commerce number: 88202437
Article 3 – General Provisions
1. These General Rental Terms and Conditions apply to every offer and all (legal) acts of the Host and to every Agreement concluded between the Host and the Guest. They include (but are not limited to) all reservations and Agreements relating to the rental of a holiday home offered by the Host.
2. If the Agreement is concluded electronically, the text of these General Rental Terms and Conditions may be made available to the Guest electronically in such a way that the Guest can easily store them on a durable data carrier, notwithstanding the preceding section and before the Agreement is concluded. If this is not reasonably possible, it will be indicated prior to the conclusion of the Agreement where the General Rental Terms and Conditions can be inspected electronically and that they will be sent to the Guest, electronically or otherwise, free of charge upon request.
3. Unless expressly agreed otherwise and In Writing, the applicability of other (General) Rental Terms and Conditions is excluded.
4. Deviations or additions to these General Rental Terms and Conditions are valid only if expressly agreed upon In Writing.
5. If the Host does not always require strict compliance with these Terms and Conditions, this does not mean that the provisions therein do not apply, or that the Host would to any extent lose the right to require strict compliance with the provisions of these General Rental Terms and Conditions in other cases.
6. If and to the extent that any provision of these General Terms and Conditions cannot be invoked on the grounds of reasonableness and fairness or its unreasonably onerous nature, the provision in question shall in any event be accorded a meaning that corresponds as closely as possible to its content and purport so that it may be invoked.
7. The Host cannot guarantee that the work they perform will always achieve the result desired by the Guest. The accepted assignment shall result in an obligation of effort and not an obligation of result.
8. The Host is entitled to engage Third Parties for the performance of the Agreement.
9. The effect of Art. 7:404 and/or 7:407 section 2 of the Dutch Civil Code is/are excluded.
10. The Agreement concerns the rental of the holiday home for recreational use, which, by its nature, is of short duration pursuant to Article 7:232 section 2 of the Dutch Civil Code.
Article 4 – The Offer
1. If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
2. The offer shall contain a complete and accurate description of the Rented Property. The description shall be sufficiently detailed in order to allow the Guest to properly assess the offer. Obvious mistakes or obvious errors regarding amounts displayed, for example, shall not be binding for the Host.
Article 5 – The Agreement
1. The Agreement shall come into effect at the moment of acceptance by the Guest of the offer and fulfilment of the terms and conditions set forth therein.
2. If any provision of these General Rental Terms and Conditions or any Agreement is found to be void or nullified, this shall not affect the validity of the entire General Rental Terms and Conditions or Agreement. The Parties shall consult in order agree upon a new provision to replace the void or null and voided provision, taking into account as much as possible the purpose and meaning of the void or null and voided provision.
3. The Host reserves the right not to execute a concluded Agreement, for example, if they have reasonable doubt or information that the Guest will not or will not be able to fulfil their (financial) obligations. If the Host refuses, they shall notify the Guest In Writing of the refusal within a reasonable period of time after the conclusion of the Agreement.
4. The Guest's right of suspension and right of set-off are excluded if the Guest is acting in the course of a profession or business.
5. These General Rental Terms and Conditions also apply to the reservation/reservations and future, additional and/or any follow-up assignment/assignments.
6. If the Guest has accepted the offer electronically, the Host shall immediately acknowledge receipt of the acceptance of the offer electronically.
Article 6 – Reservation and Cancellation
1. The Host shall only process a reservation for a holiday rental if the Guest is 18 (eighteen) years of age or older.
2. To make the reservation, the Guest must provide the Host with all necessary (personal) data of the Guest and their (fellow) travellers in a timely manner. This includes as a minimum but is not limited to name, address, mobile phone number/numbers and email address/addresses. Should the Guest fail to provide the requested information, the Host has the right to not process the rental request or cancel the already confirmed rental, without the Host being liable to pay damages or any other type of compensation to the Guest.
3. In addition to the provisions of section 2, the Guest must disclose details of their own or their fellow travellers' physical and mental condition, if these are relevant to the performance of the Agreement.
4. A request for reservation of the Rented Property/holiday home shall be made only In Writing or electronically on a system assigned by the Host.
5. If the Guest requests a reservation, the Guest will receive, within one working week, a confirmation of the reservation accompanied by the General Rental Terms and Conditions and the invoice, by way of acknowledgement of receipt. For payment of the invoice, please refer to Article 13 of these General Rental Terms and Conditions.
6. The Agreement between the Guest and the Host shall be established once the Guest has paid the deposit and the Host has confirmed the reservation In Writing. If the Guest wishes to cancel after the establishment of the Agreement, the following sections shall apply.
7. In the event of cancellation by the Guest no later than 365 (three hundred and sixty-five) days prior to arrival date, a fee of 15% of the Rental Price (i.e. excluding Fees and Security Deposit) shall be payable by the Guest;
8. In the event of cancellation by the Guest no later than 180 (one hundred and eighty) days before arrival date, a fee of 30% of the Rental Price (i.e. excluding Fees and Security Deposit) shall be payable by the Guest;
9. In the event of cancellation by the Guest no later than 90 (ninety) days prior to arrival date, a fee of 50% of the Rental Price (i.e. excluding Fees and Security Deposit) shall be payable by the Guest;
10. In the event of cancellation by the Guest no later than 30 (thirty) days before arrival date, a fee of 75% of the Rental Price (i.e. excluding Fees and Security Deposit) shall be payable by the Guest;
11. In the event of cancellation by the Guest as of 30 (thirty) days before arrival date, a fee of 100% of the Rental Price (i.e. excluding Fees and Security Deposit) shall be payable by the Guest;
12. The Guest must notify the Host In Writing of the cancellation as stated in the preceding sections.
13. The Guest is free to take out their own cancellation insurance if desired.
Article 7 – Guest's Obligations
1. To facilitate the proper course of the stay, the Guest is obliged to comply with the Host's and/or Third Party's guidelines, and the Guest shall be held legally liable for any damages that would result from the Guest's wrongful conduct or failure to comply with the guidelines or these General Rental Terms and Conditions.
2. It is the Guest's responsibility to obtain information from the relevant authorities about where the Rented Property is located, if necessary, in view of additional information such as, for example, local laws and regulations.
3. The Guest is personally responsible for proving their identity by means of a valid document such as a passport (inside and outside the EU) – or identity card within the EU.
4. The Guest is responsible for obtaining any required visas, vaccination certificates and/or driver's licenses.
5. The Guest must acquaint themselves with the laws and regulations and behave in accordance with those relevant laws and regulations of the country where the Rented Property is located.
6. If the Guest neglects their responsibility as stated in the preceding sections, the Guest shall be responsible for this themselves and the Guest shall bear all risks and obligations which shall therefore be at their own expense.
7. The Guest undertakes to respect the Rented Property including its contents and its surroundings, including noise levels in the area.
8. The Guest shall be required to deliver the Rented Property in the same condition as the condition upon delivery by the Host to the Guest.
9. The Guest is expressly prohibited from renting or using the Rented Property for more persons than stated on the booking confirmation.
10. The Guest is further obliged to observe the following with respect to the Rented Property:
a. Report any defects on or near the Rented Property to the Host without delay;
b. Smoking is forbidden in the Rented Property;
c. It is forbidden to organise parties in the Rented Property;
d. The Rented Property must be left in clean condition at the end of the rental;
e. Beds must be stripped and bedding and linen must be collected and gathered in a central location at the end of the rental;
f. The Guest must leave any household appliances present such as the washing machine, oven or dishwasher clean and empty upon departure. Failure to comply with this obligation may result in a cleaning charge;
g. Rubbish bins must be emptied and rubbish bags must be deposited in the designated rubbish containers.
11. If the Guest violates any of the preceding sections, the
Guest shall owe the Host an immediately due and payable penalty of EUR 50
(fifty) per violation. The total sum of the immediately due and payable penalty
shall be offset against the deposit paid by the Guest, without prejudice to the
Host's right to claim additional damages.
12. Pets are expressly not allowed in the Rented Property. This applies at all times, unless the Parties have agreed otherwise in the Agreement.
Article 8 – Check-in and Check-out
1. There will be no personal key handover for checking in and out. Please refer to the instructions sent to the Guest regarding the key safe.
2. Guests can check in on the day of arrival from 16:00 pm (in the afternoon).
3. The Guest must check out no later than 10:00 am (in the morning) on the day of departure.
Article 9 – Dissolution
1. If the Guest fails to perform one or more of their obligations, fails to perform them on time or properly, is declared bankrupt, applies for a (provisional) moratorium or postponement of payment, proceeds to liquidate their business, as well as if their assets are seized in whole or in part, the Host shall have the right to suspend the performance of the Agreement or to terminate and/or dissolve the Agreement in whole or in part by operation of law and without prior notice of default by means of a statement In Writing, all this at the Host's discretion and always with the retention of any right the Host may have to compensation for costs, damages and interest.
2. If the Agreement ends due to force majeure, the Host shall be entitled to payment for the hours already worked or investments made at the time of the termination of the Agreement.
3. Termination of an Agreement for the rental of the holiday home for recreational use, which by its nature is of short duration pursuant to Article 7:232 section 2 of the Dutch Civil Code, is not possible.
Article 10 – Liability
1. The Guest shall remain legally liable for damages caused by them, even if these damages are ascertained after the end of the stay.
2. The Guest is legally liable for their actions or inactions as well as the actions of their co-tenants and visitors, as well as for any damage they
cause. The Guest must have Third Party Liability insurance.
3. Complaints by the Guest that result from the non-conformity between the house compared to the description on the website or poor state of maintenance of the house or garden upon the Guest's arrival must be reported to the Host within 24 hours of the Guest's arrival.
4. The Host shall accept no liability for any damage incurred by the Guest and/or their co-tenants and/or visitors or their property as a result of their stay in the Rented Property or the surrounding garden.
5. The Host shall accept no liability for any damage related to theft, embezzlement or loss of items located in the rented space(s) or on the premises. These items are kept in the Rented Property or on the premises of Fjord Rentals/the Host at the owner's and/or interested party's own risk.
6. In the event that the Host can still be held liable, the Host shall only be liable for the amount paid out by their liability insurer.
Article 11 – Force Majeure
1. In addition to the provisions in Article 6:75 of the Dutch Civil Code, the Host's failure to perform any obligation to the Guest cannot be attributed to the Host in the event of a circumstance independent of the Host's will, as a result of which the Host's performance of their obligations to the Guest is prevented in whole or in part or as a result of which the Host's performance of their obligations cannot reasonably be required. Such circumstances include non-performance by suppliers or other Third Parties, (power) failures, computer viruses, extreme weather conditions, (danger of) fire, (imminent) danger of war, pandemics, epidemics, quarantines, sick leave, disability, strikes and governmental measures.
2. If a situation as referred to in section 1 of this Article arises as a result of which the Host cannot fulfil their obligations to the Guest, those obligations shall be suspended for as long as the Host cannot fulfil their obligations. If the force majeure situation has continued for 30 (thirty) calendar days, both Parties shall have the right to rescind all or part of the Agreement In Writing. In such cases, the Host shall not be liable for any damages, even if the Host receives any benefit as a result of the force majeure situation.
Article 12 – Fees/Prices
1. All amounts are stated in euros and include service charges, cleaning costs, tourist tax, sales tax and other government levies, unless otherwise agreed.
2. The agreed amounts are based on cost-determining factors at the time of the offer. For 3 (three) months after the conclusion of the Agreement, the Host reserves the right to pass on to the Guest any changes in cost-determining factors over which the Host cannot reasonably exercise any control, such as increases in excise taxes, social security charges, insurance premiums or sales tax, up to a maximum of 20% of the original amount.
3. In addition, the Host has the right to increase the amounts, as mentioned in the offer, above the maximum of 20% as described in the previous section. In this case, the Guest has the right to terminate the Agreement with immediate effect at the time such a price change takes effect. The Host will always notify the Guest of any such price change 1 (one) month before implementing the price change.
4. A composite quotation does not oblige the Host to perform a portion of the Agreement against a corresponding portion of the quoted amount.
5. Discounts and quoted amounts shall not automatically apply to future Agreements.
Article 13 – Payment and Billing of the Rental Price
1. The rental price (including other fees and the deposit) shall be paid to the Host by transferring the amount to the bank account number provided by the Host or by payment through iDeal by the Guest.
2. Unless otherwise agreed In Writing, a deposit of 40% (forty percent) of the rental fee must be paid by the Guest at the time of booking.
3. In principle, the Guest must pay the Host the full rental sum in accordance with the provisions of section 1 of this Article no later than 8 (eight) weeks prior to arrival.
4. For bookings within 8 (eight) weeks prior to arrival, the full rental sum must be paid (in full) at once in accordance with the provisions of section 2 of this Article.
5. If the payment obligation is not met within the agreed time or after the first reminder, the reservation of the Rented Property will be cancelled without obligation to refund any deposit already paid. Furthermore, the cancellation conditions of Article 6 of these General Rental Terms and Conditions shall apply.
6. The Guest must promptly report inaccuracies in payment information provided or stated to the Host.
7. An earlier than planned departure by the Guest – irrespective of the reason or cause – shall not result in a refund of rental fees already paid and other Costs such as, (but not limited to) the cost of cleaning.
8. If the Host is forced to cancel the Agreement due to force majeure or sale of the holiday home or Rented Property, they will notify the Guest In Writing. In doing so, the Host undertakes to immediately refund any amounts already paid. The Guest expressly has no rights other than recovery of this amount.
9. In the event of (the reasonable prospect of) bankruptcy, liquidation or suspension of payments or a debt restructuring under the Dutch WSNP law, the Host's claims against the Guest and the Guest's obligations to the Host shall become immediately due and payable.
Article 14 – Deposit
1. The Guest shall pay a deposit. The deposit of EUR 500 as stipulated in the Agreement must be paid at the same time as the initial payment for the booking.
2. If any damage has been caused by the Guest, their co-tenants, visitors or pets brought with them to the property, the inventory and/or living area or if payment obligations have not been met, a relevant amount shall be deducted from this security deposit.
3. The Guest must inform the Host about their expected time of departure in a timely manner.
4. The Host shall refund the deposit to the Guest within two (2) weeks of their departure.
5. The Guest must leave the holiday home in a neat and clean condition at the end of the stay; please refer to article 7 of these General Rental Terms and Conditions. Crockery and accessories must be returned to the cabinets in clean condition. Any moved furniture must be returned to its original place. The Guest must inform the Host about any damage, defects or missing items.
6. A final inspection for damages shall take place after the Guest's departure. The Host shall be entitled to recover any damages from the Guest upon the finding of damages after the Guest has left the Rented Property.
Article 15 – Inventory
1. The Guest must treat the items present in the Rented Property and the Rented Property itself as befits a good tenant.
2. An inventory list shall be present in the Rented Property at the commencement of the Agreement; the Guest must leave the Rented Property in accordance with this inventory list at the end of the rental period.
3. Except for cases of normal use and wear and tear, the Guest is responsible for theft, damage or loss of items that are listed on the inventory list or items located in, around or near the Rented Property.
4. If the inventory is not complete, the Host shall be entitled to withhold (part of) the deposit.
Article 16 – Complaints
1. If items are missing from the Rented Property or if the Guest has any complaints related to the Agreement, the Guest must report this to the Host immediately – at the latest within 24 (twenty-four) hours after arrival or discovery of the defect.
2. If a complaint has not been reported to the Host within the time periods specified in the preceding sections, the Service shall be considered to be in compliance and functioning in accordance with the Agreement.
3. Complaints do not suspend the Guest's payment obligation if the Guest is acting in the course of a profession or business.
Article 17 – Transfer
1. The Guest's rights and obligations under this Agreement may not be transferred without the prior Written consent of the other Party. This provision applies as a clause with property law effect as referred to in Article 3:83 section 2 of the Dutch Civil Code.
Article 18 – Exclusivity
1. For the term of the Agreement, The Guest grants to the Host the exclusive right to perform the assigned Agreement.
Article 19 – Applicable Law
1. Agreements between the Host and the Guest shall be governed exclusively by Dutch law.
2. If the Guest is deemed to be a consumer to whom another law applies, the mandatory provisions of that law shall apply to them. Otherwise, Dutch law shall apply.
3. Disputes between the Parties shall be resolved as much as possible through proper consultation. All disputes between the Guest and the Host shall be settled exclusively by the competent court in the district in which the Host is located.
Article 20 – Survival
1. The provisions in these General Rental Terms and Conditions and the Agreement which purport to retain their validity after the termination of the Agreement shall remain in full force after termination of the Agreement.
Article 21 – Amendment or Addition
1. The Host has the right to unilaterally amend or add to these General Rental Terms and Conditions. In that case, the Host shall notify the Guest of any changes or additions in a timely manner.
2. A minimum of 30 (thirty) days shall apply between such notice and the effective date of the amended or added terms.
3. If the changes give the Host the authority to provide a performance that differs substantially from the promised performance, the Guest has the right to refuse the modified terms or cancel the Agreement.
DISCLAIMER: This English version of the General Rental Terms and Conditions is a translation of the original in Dutch, for information purposes only. In case of a discrepancy, the original in Dutch shall prevail.