General

  1. These terms and conditions apply to all bookings with HuurVillaAppartement V.O.F (hereafter: 'HVA').  If and insofar as different conditions for bookings of certain holiday apartments hold good, the different conditions prevail.
  2. The rented property / the holiday apartment is understood to mean the holiday apartment concerned and the parcel of land, other buildings (swimming pool), inventory, tools and all (movable) property belonging to the apartment and parcel of land concerned.
  3. The lessee is understood to mean the one who enters a lease with HVA. This also includes the persons on behalf of or by order of whom the lessee enters the lease with HVA. This concerns the main lessee who logs on during reservation.

Reservation and payment

  1. The lease is established as soon as the booking form (through the internet) is received by HVA (or the booking is made by telephone) and the booking is confirmed by letter or by email, under the resolute condition that within 48 hours after the receipt of the booking form the owner still indicates –for whatever reason- that leasing the property during the period concerned is not possible. If and insofar as HVA uses this resolutive condition and the lessee suffers a loss, HVA excludes each liability fort hat, unless the damage was intended or resulted from deliberate recklessness on the part of HVA.
  2. A confirmed booking is permanent and can not be rescinded. The E-Commerce law and in particular the 14 working days period for reflection, does not hold good for travel booked through the internet. In this law an exception is made for the tourist trade because of the specific character of the provided services, following the European directive concerning e-commerce, which also provides for an exception for services concerning accommodation.
  3. When you book on-line, you will receive an invoice by email and per post. On booking and confirmation on the part of HVA we ask you for a deposit of 30% of the rental fee plus caution money, bed sheet set, clean up, tourist tax and any special service. The remaining 70% of the rental fee should be paid not later than 7 weeks before the booking date. It is not possible to pay with Ideal or with Paypal or by credit card.
  4. When a booking is made in a period of time less than 7 weeks before the stay, the whole rent should be paid at once, caution money, bed sheet set, clean up and any special service included.
  5. Reservations are from Saturday till Saturday, unless agreed upon otherwise.
  6. The rental prices are due per week, unless agreed upon otherwise.
  7. When the sums due are not paid on time the lessee will automatically be in default. HVA then sends a reminder by email. When the sum due is not yet in HVA’s possession within 7 days after the date of the reminder, the agreement is void.
  8. After full payment of the rent plus caution money, bed sheet set, clean up, tourist tax and any special service and about 3 weeks before the start of the rental period the lessee will have the travel documents sent to his or her home, with the address of the holiday home and the name of the key manager who will hand the key to the lessee. Then the lessee receives a letter in which the agreements and the details about your holiday home are laid down.

Alterations made by the lessee

  1. If the lessee wishes to alter lease concluded, explicit written consent from HVA is needed. Under no circumstances any alteration is possible from and within the 4 weeks period before arrival. For each alteration in an already made booking HVA charges you €100,-. 

Obligations for the lessee

  1. The lessee will accept the holiday apartment in the condition it is in on lessee’s arrival and as described by HVA on the internet site.
    Furniture and other goods can only be used for the purpose they are meant for. If at the end of the rental period furniture or goods are no longer present or are out of order because of other use than the normal use, the damage resulting from that will be paid for by the lessee. This condition also relates to the upholstery, the wallpapers and the property in general. This will be deducted of the caution money. If the damage is higher than the caution money, the remaining amount must be paid by the lessee.
  2. In case of damage, the value of the broken or cracked goods, the costs of cleaning stained carpets, blankets, mattresses, bedding etc. must be paid by the lessee.
  3. The lessee will only use the furniture and other goods in the rooms they were placed in. It is formally forbidden to place them outside the rented premises.
  4. The lessee will not throw things into washbasins, bathtubs, bidets, showers, lavatories, drainpipes etc. that could clog the pipes. Should this be the case then the lessee is responsible for the costs made for removal of the blockages.
  5. The lessee will administer the premises with due diligence.
  6. On no account the rented holiday apartment can be occupied by a larger number of persons than is indicated in the description  and the booking, other than prior written consent by HVA.
  7. At the holiday apartment the lessee will have all necessary work done which are needed for the maintenance of the rented premises and possible common equipment (replacement of household appliances etc.).
  8. No pets at all are allowed in the holiday apartment without HVA's written consent.
  9. In case an apartment is rented in an apartment building or a holiday village, lessees will comply with the by-laws, as temporary tenants.

Alterations made by HVA

  1. HVA has the right to alter the agreement due to significant circumstances, which are circumstances that make compliance with HVA cannot in fairness be expected (e.g. the sale of the rented house or because of an unforeseen event that makes the house not lettable) and also to alter the agreement because of circumstances beyond one’s control among which are surely meant war, strike, natural disaster, exceptional weather conditions, the owner's decease. In such a case HVA is entitled to offer the lessee another apartment of commensurable quality and price without failing in complying in its agreement. If no other, commensurable apartment can be offered, the already paid rental fee will be refunded. HVA accepts no liability for any other/additional and/or delay damages, unless the damage was intended and/or resulted from deliberate recklessness on the part of HVA.

Cancellation

  1. The lessee must cancel during office hours. If cancellation is after office hours, the cancellation is considered to be done on the next weekday (Monday to Friday).
  2. HVA is entitled to cancel the agreement when the lessee is in default and/or otherwise in cases as described in the terms and conditions.
  3. When cancelling prior to the period of 8 weeks before the beginning of the stay, the lessee is due an amount of 30% of the total rental fee.
  4. When cancelling within the period of 8 weeks before the beginning of the stay, the lessee is due the total rent plus caution money, bed sheet set, clean up and any special services.
  5. The cancellation of a booking by the main lessee also holds good as a cancellation for the co-lessees.
  6. In case of a No Show the costs are 100% of the rent plus clean up, bed sheet and administrative costs and no refund whatsoever will be given.

Termination of the lease

  1. HVA is entitled to terminate the rental agreement to take effect at once:
    a. when the lessee, after being held liable, gets in default as regards the fulfilling of some important obligations resulting from the rental agreement and/or these conditions;
    b. when the lessee, after having been summoned, does not behave as a good lessee, in particular when the lessee, despite warnings issued by HVA, causes residents serious nuisance.

Additional costs

  1. The final cleaning (€ 120,- per apartment) is not included in the rent.
  2. The linen package is not included (required and € 25,- per person).
  3. Caution money (€ 500,- per apartment) is also not included in the rent.
  4. The tourist tax (€ 2,53 per person per night) is not included in the rent.
  5. When the lessee stays longer in the apartment then 3 weeks, it is obligated to have an intermediate cleaning for 2 hours, € 52,-.

Arrival and departure

  1. Arrival is on Saturday between 16.00 and 19.00 hours unless agreed upon otherwise. The lessee is requested to phone the key manager to make an appointment about the time of arrival or to report a delay. Arrival after 19.00 hours is possible, only when the keymanager/HuurVillaAppartement agrees. In some cases arrival after 19.00 hours is possible if a surcharge of €100,- is paid to the key manager. HVA has no influence on that and accepts no liability for any damage whatsoever when it turns out that an arrival after 19.00 hours appears not to be possible.
  2. Departure is on Saturday, at 10.00 hours at the latest. Should you wish to leave earlier, you must do so in consultation with the key manager/HuurVillaAppartement.
  3. The caution money will be refunded at the end of your stay, if necessary after deducting damage made. After approval of HVA the caution money will be refunded to your bank account.
  4. The keys, handed to the lessee by the key manager, must be handed to the keymanager in person by the lessee, unless agreed upon otherwise.
  5. When the lessee arrives or departures other than the usual Saturday until Saturday, the lessee is obligated to pay €100,- and is only valid when a written agreement is made by HVA towards the lessee.

Number of persons

  1. The maximum number of persons as agreed upon is not to be exceeded, unless after explicit written consent from HVA, in which case HVA is entitled to charge additional costs. When, without HVA's consent, more people stay the night than agreed upon, the lessee automatically gets in default concerning his obligations and then he is liable to pay compensation.
  2. As a result of violation of the prohibitions under paragraph 1 hereof HVA and lessee agree to estimate the damage beforehand at €350,- per day per person, for the number of persons that exceeds the maximum number of persons as agreed upon.
    This rule holds good as a penalty clause and is still subject to the right of HVA to demand performance and / or (additional) damages of any kind whatsoever.

Complaints

  1. The lessee shall, within 24 hours after his arrival at the holiday home, notify HVA or the key manager of any defects or abnormalities.
  2. After your holiday period complaints that may have occurred during your stay no longer apply.

Noise pollution

  1. The lessees must not cause noise pollution to the environment. They need to respect the peace of the surroundings at all times. Between 08.00 and 22.00 hours lessees must be considerate of local residents. Between 22.00 and 08.00 the lessee must not disturb someone’s sleep in any way.

Internet

  1. HVA cannot guarantee the operation of wireless internet, even if it was specified that it is present in the apartment. Failure of the Internet cannot be counted against HVA and is offered as a free service and is never as part of the rented property, just as the number and types of TV channels. 

Smoking

  1. Smoking is permitted in the apartment, provided it is done in the living / dining room, kitchen and terrace. The bedrooms are non smoking. In the pool house, smoking is permitted, provided the cigarettes are put out in ashtrays, which are kept clean by the lessee.

Final cleaning

  1. The final cleaning is arranged by HVA and can not be done by the lessee. However you should leave the house wipe cleaned, throw the garbage in the appropriate container at the side of the road and leave the kitchen behind clean.
  2. Seven weeks before arrival, the final cleaning must be paid to HVA together with the first payment of 30% of the rental price and any additional costs.

Caution money

  1. The caution money, together with the first deposit of 30% of the rent and any other services should be paid directly when booking. You will receive an invoice when the booking is approved and then the amount on the invoice has to be paid within 7 days.
  2. The amount of the caution per apartment is listed on the website and is also on the bill.
  3. Once damage or negligence is determined by the key manager, the amount is deducted from the caution money. You will receive this amount within 3 weeks after the final date of your stay at the apartment.

Swimming pool

  1. Swimming pools are generally in use from late April to late October. Exceptions are possible in which HVA is not liable for any damages resulting.
  2. Children under 14 are only permitted to use the pool under adult supervision which requires the child/the children to use (a) lifejacket(s).
  3. All pools in France must be secured with a fence, a lockable deck or an alarm system (if the alarm is on and a child falls into the pool, the alarm goes off). Upon arrival the lessee  must check the operation of the security and report any deficiencies to HVA by return. Accidents resulting from the fact that the lessee makes the security inoperative are fully the responsibility of the lessee. Security should never be seen as a substitute for parental supervision for their children; HVA cannot be held liable for accidents in swimming pools.
  4. Pools by various causes can be green, for example, because many are jumping into the water and thereby reduce the amount of chlorine, or by sudden weather changes. HVA cannot not be held liable even if the pool cannot be used for some days because of this, unless it is demonstrated that the pool is not maintained weekly.
  5. Diving is prohibited.
  6. The gate of the swimming pool must closed at all times.
  7. Drinking and eating is allowed at the swimming pool provided that this area will be cleaned afterwards.
  8. No attributes are allowed in the swimming pool to be used, such as inflatable toys, provided that all other lessee(s) don’t object.

Pets

  1. At the apartment there is a limited possibility and in all cases only on special request to be allowed to bring pets. The surcharge is € 50.- per week. On booking the apartment the lessee indicates whether a pet is brought along. Subsequently that is considered by HVA and also whether or not approved.
  2. If you bring your pet to the apartment, after approval, your pet is only allowed to stay in your apartment and on your private terrace, not at the pool and pool house.

Other conditions

  1. The lessee(s) who cause or may cause such nuisance or trouble that a proper implementation of a stay at the holiday home is hampered to a considerable extent or may be hampered can be excluded from (continuation of) the stay by HVA , when HVA cannot reasonably be expected to fulfil the contract. Any resulting costs will be borne by the lessee(s), if and insofar as he/they can be held responsible for the effects of nuisance or trouble. 

Liability

  1. The lessee should be informed that damage done to a holiday home during the stay will be imputed to the lessee, unless the contrary is proven. This damage, including consequential damage, will be compensated by the lessee without judicial intervention.
  2. The lesser keeps the deposit in full until the entire amount of damages HVA is paid.
  3. HVA is not liable for damage caused by variations in the rented property or inconveniences on the ground, unless these variations or inconveniences are to such an extent that it concerns the essentials of the lease and in which case the damage is limited to direct damages. Any form of consequential damage is excluded. The liability of HVA is still limited to the rental fee.

Interest and collection costs

  1. The lessee who has failed to fulfil a financial obligation to HVA, is due an interest of 1% on the principal for each month or part of a month. Furthermore the lessee is obliged to pay any extra-judicial collection costs to a minimum of €100,-. 

Competent court

  1. Of all disputes that may arise between HVA and the lessee in respect of this lease, the cantonal judge in Utrecht or the District Court in Utrecht shall have jurisdiction in first instance to hear.
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