Delft, 21 June 2020
Handelsname: East Nomads B.V.
Address: Boterdijk 6, 7122 PC Aalten
Chamber of Commerce number: 82009449
VAT number: NL862303126B01
Telephone number: +3185 273 79 61 (mo. t/m fri. 10.00-21.00 h, sat. & sun. 10.00-18.00 h)
Email address: firstname.lastname@example.org
Article 1: Definitions
For the purposes of these terms and conditions:
- Holiday accommodation: tent, folding camper van, camper van, (mobile) caravan, bungalow, summer house, hiker’s hut and the like;
- Entrepreneur: the company, the institution or association that makes the holiday residence available to the holiday maker;
- Holiday maker: the person who enters into the agreement with the entrepreneur with regard to the holiday residence;
- Fellow holiday maker: the person(s) indicated on the agreement;
- Third party: every other person, not being the holiday maker and/or his fellow holiday maker(s);
- Agreed price: the remuneration that is paid for the use of the holiday accommodation; a price list shall be used to indicate what is not included in the price;
- Costs: all costs for the entrepreneur that are related to the operation of the recreation company;
- Information: written/electronic data on the use of the holiday residence, the facilities and the rules concerning the stay;
- Disputes Committee: Recreation Disputes Committee in The Hague, compiled by ANWB/Consumentenbond/RECRON;
- Cancellation: the written termination by the holiday maker of the agreement, prior to the effective date of the stay;
- A dispute: if a complaint submitted to the entrepreneur by the holiday maker is not to the satisfaction of parties.
Article 2: Content of the agreement
- The entrepreneur shall make holiday accommodation of the kind or type agreed upon available to the holiday maker for recreational purposes, i.e. not for permanent residence, for the agreed period of time and for the agreed price.
- The entrepreneur shall be obliged to provide the holiday maker in advance with the written information on the basis of which this agreement is also concluded. The entrepreneur shall always inform the holiday maker of any changes in this in a timely manner in writing.
- In the event that the information deviates substantially from the information as provided at the time of entering into the agreement, then the holiday maker shall be entitled to cancel the agreement without any costs.
- The holiday maker shall have the obligation to observe the agreement and the accompanying information. He shall see to it that fellow holiday maker(s) and/or third party/parties who visit him and/or stay with him observe the agreement and the accompanying information.
Article 3: Duration and expiry of the agreement
The agreement shall end by operation of law after the expiry of the agreed period, without notice of termination being required.
Article 4: Price and price change
- The price shall be agreed on the basis of the rates applicable at that time, which have been determined by the entrepreneur.
- In the event that, after the agreed price has been determined, additional costs arise on the part of the entrepreneur as a result of a change in charges and/or levies that relate directly to the holiday residence or the holiday maker, then these may be passed on to the holiday maker, also after the conclusion of the agreement.
Article 5: Payment
- The holiday maker shall make the payments in Euros, unless otherwise agreed, with due observance of the agreed periods of time.
- In the event that the holiday maker, in spite of prior written demand for payment, does not or not properly fulfil his payment obligation within a period of two weeks after the written demand for payment, then the entrepreneur shall be entitled to terminate the agreement with immediate effect, notwithstanding the right of the entrepreneur to full payment of the agreed price.
- In the event that the entrepreneur is not in possession of the total amount due on the day of arrival, then he shall be entitled to deny the holiday maker access to the holiday residence, notwithstanding the right of the entrepreneur to full payment of the agreed price.
- The extrajudicial costs reasonably incurred by the entrepreneur, following a notice of default, shall be for the account of the In the event that the total amount has not been paid on time, then, after a written summons, the legally determined interest percentage shall be charged on the outstanding amount.
Article 6: Cancellation
- In case of cancellation the holiday maker shall pay a remuneration to the entrepreneur. This shall amount to 0% of the agreed price in case of cancellation up to 14 days before the commencement date, 50% of the agreed price in case of cancellation 8 to 13 days before the commencement date and 100% of the agreed price in case of cancellation 7 or less before the commencement date.
- The remuneration shall be refunded in proportion, after deduction of administration costs, in the event that the place is rented by a third party on the recommendation of the holiday maker and with the written consent of the holiday maker.
Article 7: Use by third parties
- Use by third parties of the holiday home is only permitted if the entrepreneur has given written permission.
- Permission may be subject to conditions, which must be laid down in writing in advance.
Article 8: Premature departure of the holiday maker
- In the event of premature departure of the holiday maker, the holiday maker shall owe the full price for the agreed rate period.
Article 9: Premature termination by the entrepreneur and eviction in the event of an attributable shortcoming and/or wrongful act
- The entrepreneur may terminate the agreement with immediate effect:
- In the event that the holiday maker, fellow holiday maker(s) and/or third party/parties do not or not properly observe or comply with the obligations arising from the agreement, the accompanying information and/or the government regulations, despite prior written warning, and to such an extent that, according to the standards of reasonableness and fairness, the entrepreneur cannot be required to continue the agreement;
- In the event that the holiday maker, in spite of prior written warning, causes nuisance to the entrepreneur and/or fellow holiday makers, or spoils the good atmosphere on, or in the immediate vicinity of, the grounds;
- In the event that the holiday maker, in spite of prior written warning, by using the holiday residence in conflict with the destination of the grounds.
- In the event that the entrepreneur wishes premature cancellation and eviction, he must inform the holiday maker of this by letter handed over personally. In that letter the holiday maker must be made aware of the possibility to submit the dispute to the Disputes Committee. The written warning may be omitted in urgent cases.
- After notice of cancellation the holiday maker must ensure that the holiday residence is vacated and that the grounds are vacated as soon as possible, but no later than within 4 hours.
- In principle, the holiday maker shall remain obliged to pay the rate agreed upon.
Article 10: Laws and regulations
- The entrepreneur shall at all times ensure that the holiday home, both internally and externally, meets all environmental and safety requirements that (may) be imposed on the holiday home by the government.
- The holiday maker shall be obliged to strictly observe all safety regulations applicable on the grounds. He shall also ensure that fellow holiday maker(s) and/or third party/parties visiting him and/or staying with him shall strictly observe the safety regulations applicable on the grounds.
Article 11: Maintenance and installation
- The entrepreneur is obliged to keep the recreational area and the central facilities in a good state of repair.
- The holiday maker shall be obliged to keep the holiday residence and the immediate surroundings in the same condition as in which the holiday maker has received it for the duration of the agreement.
- The holiday maker, fellow holiday maker(s) and/or third party/parties shall not be allowed to dig on the grounds, cut down trees, prune bushes or carry out any other activity of such nature.
Article 12: Liability
- The legal liability of the entrepreneur for damages other than personal injury and death is limited to a maximum of the insured interest. The entrepreneur is obliged to take out insurance for this.
- The entrepreneur is not liable for an accident, theft or damage on his premises, unless this is the result of a shortcoming attributable to the entrepreneur.
- The entrepreneur is not liable for the consequences of extreme weather conditions or other forms of force majeure.
- The proprietor shall be liable for failures in the utilities, unless he can invoke force majeure.
- The holiday maker shall be liable towards the entrepreneur for any damage that has been caused by the actions or omissions of himself, the fellow holiday maker(s) and/or third party/parties, insofar as it concerns damage that can be attributed to the holiday maker, the fellow holiday maker(s) and/or third party/parties.
- The entrepreneur undertakes to take appropriate measures after the holiday maker has reported any nuisance caused by other holiday makers.
Article 13: Regulation of disputes
- The holiday maker and the entrepreneur shall be bound by decisions of the Disputes Committee.
- All disputes with regard to the agreement shall be governed by Dutch law. Only the Conciliation Board or a Dutch court of law shall be authorized to take cognizance of these disputes.
- 3. In the event of a dispute about the realization or the execution of this agreement, the dispute must be brought before the entrepreneur in writing or in another form to be determined by the Conciliation Board, no later than 12 months after the date on which the holiday maker submitted the complaint to the entrepreneur. In the event that the entrepreneur wishes to bring a dispute before the Conciliation Board, then he must ask the holiday maker to pronounce within five weeks whether or not he wishes to come to the Conciliation Board. In doing so, the entrepreneur must announce that he will consider himself free to take the dispute to court after the aforementioned period has expired. In those places where the terms and conditions refer to the Disputes Committee, a dispute can be submitted to the court. In the event that the holiday maker has submitted the dispute to the Conciliation Board, then the entrepreneur shall be bound by this choice.
- For the handling of disputes, reference is made to the Regulations of the Conciliation Board Recreation. The Conciliation Board shall not be authorized to handle a dispute that concerns illness, injury, death or the non-payment of an invoice on which no material complaint is based.
- A fee is due for the handling of a dispute.