General terms and conditions Casa el Girasol In these terms and conditions the following definitions apply: Casa el Girasol: The main residence with guest house and swimming pool, including the entire fenced-in grounds with all accessories, inventory and all facilities present and additional items rented along, hereinafter referred to as accommodation in the terms and conditions. Lessor: The legal entity or natural person who makes the accommodation available to the Lessee. Lessee: A (natural) person, who rents or wishes to rent the accommodation. Also those who are part of the group together with the Lessee. Rent: the full fee as agreed upon that must be paid for the use of the accommodation. The fee consists of the rent and cleaning costs unless otherwise agreed. Additional costs mentioned are : all products/services that can be purchased optionally. Information: Written or electronically provided information regarding the use of the accommodation, the facilities and the rules regarding the stay. Cancellation: The written termination of the contract by the Lessee prior to the effective date of the stay. Third party: Any other (legal) person, not being landlord, tenant or group members. Applicability of General Conditions: These General Terms and Conditions apply to all offers and quotations of, agreements with, deliveries and services of landlord of Casa el Girasol. Verbal agreements and/or promises by landlord of Casa el Girasol are only valid if confirmed in writing by landlord. Article 1: Reservation and payment 1.1 Landlord makes the accommodation available exclusively for recreational purposes, so not for permanent residence, for the agreed period and the agreed price. 1.2 An agreement between Lessor and Lessee is established by confirmation of a telephone, written or electronic (internet/email) booking of the accommodation. 1.3 This booking confirmation will be confirmed by Landlord by e-mail. After the reservation confirmation, the invoice will be sent to the Lessee by Lessor by e-mail. 1.4 The deposit, consisting of 25% of the total travel sum, must be paid by bank transfer within 30 days of the invoice date. This is also your booking confirmation. Only after receipt of the 25% deposit, the booking is final and the tenant also agrees to the Terms and Conditions mentioned here. 1.5 The receipt of the deposit will be confirmed to the tenant by landlord by e-mail. The remainder must be paid and received by us at least 60 days before arrival. If a booking is made within 2 months before the start of the rental period, the total amount must be paid within 7 days of the date of the invoice. 1.6 Upon receipt of the full amount, this will be confirmed by the Lessor by email. The Lessee will also then receive all relevant information such as the exact address of the accommodation, contact details and other arrival and departure instructions. 1.7 If payment is not made on time, Landlord may consider the rental agreement to be cancelled immediately. Non-timely payment is considered as a cancellation and the regulation applicable under Article 5 regarding cancellation fees. 1.8 In the case of payment by giro or bank, the date of payment shall be the date on which the rental sum is credited to the lessor's bank account. At the Landlord's request, the Tenant must provide proof of payment. 1.9 Landlord is not obliged to inform Tenant in advance of the expiration of a payment term. 1.10 The Tenant shall never be entitled to suspend payment. After the expiry of the payment term, the Tenant shall be in default. Tenant can cancel the default by still paying the landlord the full agreed price within 3 days after the default occurs. 1.11 If Tenant does not or not properly fulfill its payment obligation, Landlord shall be entitled to terminate the agreement with immediate effect, without prejudice to Landlord's right to full payment of the agreed price and refund of any payments received. Article 2: Young people and Pets 2.1 Groups of young people are not allowed. The age of the main tenant is, at the start of the rental period, at least 25 years. 2.2 Pets are not allowed. Article 3: Prices 3.1 Rental prices include consumption of water and electricity, use of air conditioning, television, internet, linen, towels and excluding final cleaning costs. 2.2 Extremely high energy consumption will be deducted from the deposit afterwards at a fee of €0,25/kWh. Upon arrival and departure, the meter reading will be read together with the manager. 3.2 Rental prices are based on stays of up to 10 people. The landlord may charge an additional surcharge of €20.00 per night for stays of more than 10 people (with a maximum of 12 people). Article 4: Cancellation 4.1 A cancellation must be notified to Landlord exclusively in writing via e-mail and is only effective when confirmed by Landlord to Tenant by e-mail. All other forms of cancellations will not be accepted. 4.2 In case of cancellation, the landlord will charge the tenant the following cancellation costs: - in case of cancellation from 3 months before the commencement date, free of charge - in case of cancellation up to 3 months before the commencement date, 30% of the rent; - in case of cancellation up to 2 months before the commencement date, 50% of the rent; - in case of cancellation up to 1 month before the commencement date, 95% of the rent; - in case of cancellation on or after the day of the commencement date, the total rent including final cleaning costs as stated in the agreement. 4.3 The date of the relevant email message is decisive for answering the question of whether the cancellation was made in time. 4.4 Landlord strongly advises Tenant to take out travel and/or cancellation insurance that reimburses cancellations. 4.5 Landlord is at all times entitled to cancel the agreement due to serious circumstances, for example in case the accommodation is no longer habitable due to fire or other cause. In this case, the Lessee is entitled to a refund of the rent already paid. Article 5: Arrival and departure times 5.1 The accommodation is available from 15:30 on the day of arrival. On the day of departure, the accommodation must be vacated no later than 10:00 am. The Lessee must strictly adhere to these times, unless otherwise agreed and established in advance. In connection with the final inspection of the accommodation, the Lessee must inform the intermediary of the time he wants to leave no later than the day before departure. 5.2 Upon departure, the Lessee must leave the accommodation in a proper condition, i.e. broom clean. Items present in and near the accommodation must always be returned to their original place (on arrival). Crockery with accessories and pans should be washed and stored in the designated place. 5.3 The final inspection of the accommodation takes place before the departure of the Lessee. The time of inspection must be agreed by the Lessee with the intermediary no later than the day before departure. If Landlord finds that Tenant has not complied with clause 5.2, Landlord shall be entitled to charge additional (cleaning) costs to Tenant. 5.4 Departure earlier than planned - regardless of reason or cause - does not lead to restitution of paid rent and costs for final cleaning. Article 6: Obligations of tenant. 6.1 The accommodation shall be occupied by the Lessee with due care and diligence with due regard for the surroundings and local residents. If the tenant and/or his fellow tenants do not behave as a good tenant or cause serious nuisance or trouble for the surrounding area, the tenant and his/her fellow tenants may be denied further access to the accommodation and the rental agreement may be considered terminated by operation of law without any claim to a refund of the rental fee. 6.2 If the Tenant unexpectedly causes damage to the rented accommodation and/or the inventory, this must be reported to the Landlord immediately by e-mail. The related repair and/or replacement costs will be deducted from the deposit. The tenant is liable for damage caused by him/her, by fellow tenants and any visitors, even if this damage is discovered after departure. If loss of income occurs due to the damage caused, this will also be recovered from the tenant. 6.3 Smoking is not permitted inside the main building and the guesthouse in connection with the smoke detectors present. If the landlord nevertheless finds that there has been smoking inside, an amount of € 100.00 for extra cleaning costs will be charged. These costs will be deducted from the deposit. 6.4 The Lessee is not allowed to dig on the grounds around the accommodation, cut down trees, trim bushes, make fire or perform any other activity of such nature. The Lessee is obliged to keep the accommodation and the grounds around the accommodation in the same condition for the duration of the agreement. Article 7: Liability 7.1 The use of the accommodation is entirely at Tenant's own risk and therefore Landlord can never be held liable for any accident, loss or theft of personal property and goods or damage on its premises. 7.2 Landlord is not liable for the consequences of extreme weather conditions or other forms of force majeure. 7.3 Landlord shall not be liable for utility failures where it can invoke force majeure. 7.4 The landlord is not liable for temporary breakdowns or failures in and around the accommodation of water and/or power supply, internet connection, air conditioning, swimming pool facility. The Landlord will, within its power, remedy malfunctions as soon as possible. 7.5 The Lessor will never be liable for any damage, material or physical, incurred in or around the accommodation. 7.5 The landlord is never liable for damage, material or physical, incurred in or around the accommodation. 7.6 If the rented accommodation is destroyed through no fault of the landlord or cannot be used temporarily, the landlord and tenant have the right to terminate the agreement. If the destruction of the accommodation or the temporary out-of-use of the accommodation is attributable to the landlord, the tenant can claim compensation up to a maximum of the agreed rental price. Article 8: Force majeure 8.1 In the event of force majeure, both permanent and temporary, the lessor is entitled to dissolve the agreement in whole or in part or to temporarily suspend it without the tenant being able to claim performance and/or compensation. Force majeure includes, but is not limited to: negative travel advice, danger of war, war, rebellion, molestation, strikes, boycott, disruptions in traffic or transport, government measures, scarcity of raw materials, natural disasters and furthermore all circumstances, extraordinary weather conditions, death of the owner, divorce of the owner, unannounced sale and/or occupancy of the accommodation by the owner, etc., under which full or partial compliance with the agreement cannot be reasonably and fairly expected of the lessor. If force majeure occurs while the tenant has only been able to make partial use of the accommodation, the rental agreement must also be considered terminated for the time already used. Article 9: Disputes 9.1 The landlord has done his utmost to represent and describe the accommodation, its location, the environment and the activities in the area as accurately and completely as possible, without, however, accepting any liability for the accuracy. 9.2 The lessor has the right to change the published information, including prices, photos and descriptions at any time. 9.3 The landlord has the right to adjust the General Terms and Conditions when necessary. 9.4 Tenants are deemed to have taken note of the contents of these General Terms and Conditions and to agree with them. In any case, the tenant has expressly agreed to the contents of these General Terms and Conditions when making the down payment. Article 10: Applicable law 10.1 Dutch law applies to all disputes relating to the rental agreement and only the court in Den Bosch has jurisdiction to hear any disputes.
