General Terms and Conditions
For the purpose of these terms and conditions the following is understood as:
A: Holiday residence: apartment.
B: Entrepreneur: the business that makes the apartment available.
C: Guest: the person with whom the entrepreneur concludes the agreement regarding the stay.
D: Fellow guest: the persons also mentioned in the agreement.
E: Third party: any other person, not being the guest.
F: Stipulated price: the fee that is paid for the use of the apartment.
G: Costs: any and all costs for the entrepreneur that are related to the exploitation of Parkhotel Abcoude.
H: Information: written / electronic data about the use of the apartment, the facilities, and the rules about the stay.
I: Cancellation: the written (or by email) termination by the guest of the agreement, prior to the start date of the stay.
Content of the agreement.
A: The entrepreneur makes the apartment available to the guest for the stipulated period and at the stipulated price, hence not for permanent occupation.
B: The entrepreneur is held to make the written information on the basis of which this agreement is in part concluded available to the guest in advance. The entrepreneur always communicates changes in it to the guest in writing in a timely fashion.
C: If information differs substantially from the information that was supplied upon the conclusion of the agreement, then the guest is entitled to cancel the agreement without costs.
D: The guest is held to comply with the agreement and the relevant information. He ensures that fellow guests and/or third parties who visit him and/or stay with him comply with the agreement and the relevant information.
Term and termination of the agreement.
The agreement comes to an end by operation of law after the expiry of the stipulated term, without notice being required.
Price and price change.
A: The price is stipulated on the basis of the then applicable rates, which were adopted by the entrepreneur.
B: If after adoption of the stipulated price, due to an increase in the burden on the part of the entrepreneur, additional costs arise as a result of a change in costs and/or duties, which are directly related to the apartment or the guest, then they can be passed on to the guest, also after conclusion of the agreement.
Payment terms
A: The guest must effectuate the payments in euros, unless stipulated otherwise, in consideration of the stipulated terms.
B: If the guest, despite prior written (via email) demand, does not comply with his payment obligation within a period of 2 weeks, or not properly, then the entrepreneur is entitled to terminate the agreement with immediate effect, without prejudice to the right of the entrepreneur to claim payment in full of the stipulated price.
C: If on the day of arrival the entrepreneur is not in possession of the total payable amount, then the entrepreneur shall be entitled to deny the guest access to the apartment, without prejudice to the right of the entrepreneur to claim payment in full of the stipulated price.
D: The extrajudicial costs reasonably incurred by the entrepreneur, after a notice of default, shall be at the expense of the guest. If the total amount is not paid in a timely fashion, then after a written demand the statutorily established interest rate shall be charged on the yet outstanding amount.
Cancellation conditions
In case of cancellation the guest pays a fee to the entrepreneur. It amounts to:
– in case of cancellation more than 1 month prior to the start date, free of charge
– in case of cancellation within 3 weeks prior to the start date, 25% of the stipulated price
– in case of cancellation within 2 weeks prior to the start date, 75% of the stipulated price
– in case of cancellation within 1 week prior to the start date, 100% of the stipulated price
Use by third parties.
A: Use by third parties of the apartment is only permitted if the entrepreneur had given written consent to it.
B: Conditions can be imposed on the consent given, which must then be established in writing in advance.
Early departure of the guest.
The guest is liable to pay the full price for the stipulated rate period.
Early termination by the entrepreneur and vacation in case of an attributable failure and/or unlawful act
A: The entrepreneur can terminate the agreement with immediate effect:
If the guest, fellow guest(s) and/or third party (parties) does (do), despite a prior verbal or written warning, not comply with the obligations and/or official rules, or not properly, and to such degree that, according to the principles of reasonableness and fairness, it cannot be required of the entrepreneur that the agreement is continued;
If the guest, despite verbal or written warning, causes nuisance to the entrepreneur and/or fellow guests and/or third parties or spoils the pleasant atmosphere on or in the direct vicinity of the hotel;
If the guest, despite prior verbal or written warning, acts in violation of the designated use of the hotel through use of the apartment.
B: After termination, the guest must ensure that the apartment is vacated and the premises must be left as soon as possible, however at the latest within 2 hours.
C: In principle, the guest remains held to pay the stipulated rate. The security deposit is withheld in case of vacation.
Liability
A: The entrepreneur shall not be liable for an accident, theft or damages in the hotel, unless they are the result of a failure that can be blamed on the entrepreneur.
B: The entrepreneur shall not be liable for consequences of force majeure.
C: The entrepreneur shall not be liable for failures in mains services. The entrepreneur shall, however, make every effort to prevent failures.
Dutch law is applicable to any and all disputes with regard to the agreement. The Dispute Resolution Committee or a Dutch Court is exclusively authorised to take cognisance of the said disputes.