General Conditions Brig 36 Premantura version 1 drawn up in 2021

1. Application

 

• These General Conditions are applicable to all offers, bookings and agreements concerning all accommodation and other facilities which are being rented out by Exceed Rental d.o.o (hereafter jointly: "the Accommodation").

 

• In these General Conditions 'tenant' is understood to be: the person who enters into an agreement with the Accommodation concerning the rental/use of 'Guests' are understood to be: the tenant and the persons registered by the tenant who (will) make use of the accommodation and/or other facilities and services of the Accommodation rented by the tenant.

 

• Agreements deviating from these General Conditions are only valid if agreed in writing.

 

2. Bookings

 

• The Accommodation will only process bookings by persons who are 18  years old or older. It is not allowed for minors to stay in a room without an adult.

 

• The Accommodation reserves the right to refuse bookings, more specifically group bookings, or to set special conditions for these.

 

• If you have not received a (written) confirmation/invoice within 10 days after making the booking, you must immediately contact the booking department, if you fail to do so, no appeal can be made to the booking.

 

• An agreement between you and the Accommodation is entered into at the moment that you place a booking with the Accommodation and this booking is accepted by the Accommodation.

 

• The agreement concerns the rental of accommodation and/or other facilities for recreational usage, which by its nature is of a short duration, as well as the related other services and products offered by the Accommodation.

 

• All guests present in the accommodation are required to register by means of the registration form received for this purpose. This form will be received by the guests in digital format, or upon request, via surface mail. The Accommodation has the authority to check guests present in the accommodation by means of their proof of identity. If the guests are unable to submit a proof of identity, the Accommodation may decide not to accommodate the guests, without this entitling them to any restitution or compensation.

 

3. Changes to the agreement

 

• If you wish to make changes to the agreement and/or booking after the agreement has been established, the Accommodation is not obliged to accept these changes. The Accommodation is free to determine if and in how far those changes are accepted. If the Accommodation accepts your changes, the Accommodation may charge amendment costs.

 

4. Substitution

 

• The Accommodation, the tenant and other guests are not allowed to cede the use of the accommodation under any name on any ground whatsoever to others than the persons named in the agreement, unless otherwise agreed with the Accommodation in writing.

 

• If you and the Accommodation have agreed that you and/or one or more guests will be substituted, you, aside from the tenant and/or guests who replace you and/or other guests, remain severally liable to the Accommodation for the payment of the part of the rental outstanding, the amendment costs (see art. 3.1) as a result of the substitution and any possible cancellation costs.

 

5. Prices

 

• After booking an accommodation in the Accommodation you no langer have a right to special prices, discount offers or special tariffs.

 

• All prices are, in so far as applicable, including VAT, unless otherwise stated.

 

6. Additional costs

6.1   Apart from the rental price and the price of the other services/products purchased, you also owe booking casts and tourist tax.

7. Payments

 

• If there is a period of more than 6 weeks between your booking date and your arrival date, you must pay at least 30% of the rental sum when booking.

 

• The (possible) outstanding part of the invoice amount must have been received by the Accommodation at the latest 6 weeks before the start of the stay in the Accommodation, as mentioned in the confirmation of the booking, so the entire booking is paid no later than 6 weeks before arrival.

 

• For bookings within 6 weeks before the starting date of the stay, the entire invoice amount must be paid when booking.

 

• If upon your arrival at the Accommodation, the amounts due have not yet been (fully) credited to the bank account of the Accommodation, you must pay the (remaining) amount at the Accommodation. In the absence of the aforementioned payment, the Accommodation may refuse you the usage of the accommodation and/or other facilities. Should it become clear later that you did make a payment order, but that the amount had not yet been credited to the bank account of the Accommodation on your arrival, restitution of the   excess amount paid will take place.
  
• In the absence of timely payment of the sums invoiced to you, you are in breach immediately after the end of the payment period, and the Accommodation has the right to dissolve the agreement with immediate effect (cancellation), without prejudice to its right to damages which the Accommodation suffered of will suffer in connection with this, including all costs the Accommodation incurred in connection with your booking and the dissolution. The Accommodation has in any case the right to charge a cancellation fee per accommodation. In that case the provisions of article 13 are applicable.

 

• The Accommodations always have the right to offset claims on you on any ground whatsoever with payments made by you on any ground whatsoever.

 

8. Arrival and departure

 

• The rented accommodation can be accessed on the agreed day of arrival, as mentioned in the booking confirmation, from 4 p.m.

 

• If you wish to continue the agreement with the Accommodation for  a longer  period  than initially agreed and the Accommodation agrees with  this,  the  Accommodation  is  always entitled to assign another accommodation.

 

• In the case of less and/or shorter use of the accommodation and/or other facilities than those mentioned in the booking confirmation, the guest/day visitor does not have any right to restitution of (apart of) the rental price and/or costs.

 

• Bookings are always made for defined arrival and departure dates. Earlier departure from or later arrival in your accommodation therefore has no influence on the total costs of the travel and therefore no appeal can be made for restitution in the case of earlier departure from or later arrival in your accommodation.

 

• If the accommodation is not left behind as it should be, or in case of excessive soiling and/or damage to the accommodation and/or to the goods therein and/or contamination and/or damage to the site/surroundings of the Accommodation, the Accommodation will directly charge the guest for the costs of damage, which must be paid immediately.

 

9. Regulations

 

• Each accommodation may only be occupied by the  maximum number of persons described on the website of the accommodation. Also, guests may not stay in an accommodation if these persons are not registered during the booking.

 

• All Guests are required to comply with the house rules established by the Accommodation. These house rules can be found in the information folder in each accommodation.

 

 

 

• In order to carry out necessary maintenance, you shall allow work to be carried out on the accommodation or other facilities during your stay, without being entitled to compensation. The Accommodations also have the right to temporarily take buildings and installations out of service for maintenance work, without the guest being entitled to whole or partial restitution of the (rental) sums paid or still to be paid.

 

• For safety reasons it is not allowed to place tents at the accommodation.

 

• The tenant must leave the accommodation broom clean (so: do not leave dirty dishes, remove bedding from the beds and fold it up, clean kitchen and refrigerator, place bin bag in the container).

 

• In case of non-compliance or breach of the regulations included in these General Conditions, the House Regulations and/or not responding to the instructions of the staff, the Accommodation has the right to access an accommodation and/or to immediately remove you or any other user from the park, without any rights arising to restitution of the rental sum or a part thereof and/or any other indemnification.

 

• If the park management has serious reasons to believe that the guest of an accommodation is acting illegally and/or is in breach of public order and/or morality, the park management is authorised to access the accommodation. Furthermore, the  Accommodation  always  has  the right to access the rented accommodation  for inspection.

 

• Noise pollution is not accepted. It is strictly forbidden to place audio equipment outside the home and/or to turn the volume up high enough to cause hindrance to other guests of the Accommodation. In the case of hindrance caused, if you do not follow the instructions of the staff, the Accommodation has the right to immediately remove you or any other user from the park, without any rights arising to restitution of the rental sum or a part thereof and/or any other indemnification.

 

• Accommodation and covered facilities of the Accommodation are smoke-free. If a guest/user is in breach of this smoking ban, the Accommodation is entitled to impose an immediately payable fine of € 200.00 per accommodation, without any notification being required, and without prejudice to the right of the Accommodation to compensation of the damages suffered/to be suffered in consequence.

 

10 Pets

10.1 Pets are not allowed in the accommodation. Should a tenant or guest fail to comply with this prohibition, the accommodation shall be entitled to charge an immediately payable fine of EUR 200 per accommodation, without the need for notice of default and without prejudice to the right of the accommodation to compensation for any damage suffered and/or to be suffered as a result.        

 

11 Use  of accommodation; inventory; care resources

11.1 The tenant and guests are jointly and severally liable for the orderly state of affairs in and around the rented accommodation or elsewhere on the grounds of the Accommodation, the use of the accommodation and the equipment and inventory present therein.

11.2 Furthermore, the guest and those who accompany the guest are always jointly and severally liable for damages by breakage and/or loss and/or damage to inventory and/or accommodation. The tenant must immediately notify the host of the Accommodation of any damage, and immediately reimburse it, unless the tenant can prove that the damage did not arise through his fault, or the fault of other guests or one of the members of his company.

11.3 If you need to make use of care resources (e.g. an adapted bed, oxygen bottles, a shower chair etc.) during your stay, you must arrange this at your own risk and for your own account. The Accommodations do not accept any liability for damage to or by the care resources you have arranged, nor for the not being present (on time) of these care resources.

12 Deposit

12.1 The Accommodation may request a deposit from you on booking or at the start of the stay. The deposit amounts to € 300.00 per accommodation, but may be increased by  the Accommodation in the case of rental by groups.

12.2 The deposit serves as a guarantee for damages and/or casts - in the broadest sense of the word - which the Accommodation could suffer and/or has to incur in the case of non-compliance with the obligations by guests and those accompanying the guest.

12.3 If the deposit is not immediately paid the Accommodation is entitled to refuse the guest and/or accompanying guests access to and use of the accommodation.

12.4 If you fail to pay the deposit, the Accommodation is furthermore entitled to dissolve the agreement with immediate effect (cancellation).

12.5 The deposit or any remainder thereof is refunded to the guest(s) after offsetting of claims of the Accommodation (damage to inventory / accommodation and/or other casts). Possible (further) claims for damages are not affected by this refund.

13 Cancellation costs

13.1 If you cancel a booking, cancellation casts will be charged. On cancellation a compensation must be paid to the Accommodation, as set out below:

1. For cancellation up to 6 weeks before the arrival date no fee is due.
2. For cancellations within 6 weeks up to 2 weeks before arrival, 50% of the agreed price.
3. In case of cancellation within 2 weeks up to 24 hours before arrival, 90% of the agreed price.

4 In case of cancellation on the day of arrival 100% of the agreed price.

13.2 As an exception to the above, for calendar year 2022 guests may cancel up to 24 hours before arrival without being charged a fee. In the event of cancellation on the day of arrival, a fee of 100% of the agreed price shall be payable.

13.3 If you have not arrived within 24 hours after the agreed date without any further  
         notification, this is deemed to be a cancellation.

14 Force Majeure and amendments

14.1 In the case the Accommodation - temporarily or otherwise - is unable to entirely or partially fulfil its obligations under the agreement because of force majeure, it will submit a proposal for amendment (for other accommodation/other period etc) to you within 14 days after the Accommodation became aware of the impossibility to fulfil its obligations under the agreement.

14.2 The Accommodation is subject to force majeure if the fulfilment of the obligations under the agreement, entirely or partially, temporarily or not, is prevented outside the will of the Accommodation, including by danger of war, (personnel) strikes, blockades, floods and other faults or events.

14.3 You are entitled to reject the proposal for amendment. If you reject the proposal for amendment you must notify the Accommodation  of this within 14 days after receipt of the  proposal, but at the latest before arrival. In that case the Accommodation has the right to dissolve the agreement with immediate effect. You are then entitled to waiving and/or restitution of the (already paid part of) the rental sum. The Accommodation will in such case not be liable for compensation for any possible damages.

15 Termination

15.1 The Accommodation has at all times the right to terminate the agreement with immediate effect, if during the booking the personal details of yourself and/or other guests were incompletely and/or incorrectly provided. In that case no restitution of the rental sum or apart thereof will take place, and the Accommodation will not be liable for any other type of compensation.

16. Liability

16.1 You, and the user, are severally liable for all loss and/or damage to the rented accommodation and/or any other property of the Accommodation occurring during the use thereof by yourself and/or other guests, regardless of whether this is a result of an act or omission of yourself and/or third parties which are present in the Accommodation with your permission.

16.2 You indemnify the Accommodation against any claims by third parties regarding damages which are (also) the result of any act or omission by yourself, other guests, your travelling companions or third parties which are present at the park with your approval/knowledge.

16.3 When the accommodation is not used and/or left in the correct manner, including but not limited to excessive soiling of the  accommodation, additional casts will be charged, which you are then obliged to pay immediately.

17 Complaints

17.1 We will do everything possible to immediately resolve complaints or defects. Should you have any complaints, we kindly request you to first notify the host of the Accommodation. If the complaint is not dealt with satisfactorily, please report it by e-mail to Info@exceedrental.com.

18 Travel documents

18.1 You are solely responsible for having the valid travel documents required for you destination at your disposal. The Accommodation does not accept any liability for the consequences of not having the correct travel documents at your disposal.

19 General

19.1 Apparent printing errors and misprints do not bind the Accommodation. The present General Conditions replace all previous publications. The invalidity  and/or nullity of one of the separate provisions of the present General Conditions or  parts thereof  does  not affect  the validity of the  other (parts of) provisions of the  present General Conditions. Amendments of and additions to the agreement and/or General Conditions are only valid if clone in writing. Exclusively the  Dutch Law is applicable to the present legal relationship  between the  parties.