Article 1: Definitions Under these terms and conditions, the following definitions are applicable:
a. holiday accommodation: tent, folding camper trailer, camper, mobile home, bungalow, cottage, cabin and so forth;
b. operator: the company, institution or association that makes the holiday home available to the visitor;
c. visitor: the person who enters an agreement concerning the holiday accommodation with the operator;
d. fellow visitor: additional person(s) mentioned in the agreement;
e. third party: any other person who is not a visitor and/or fellow visitor(s);
f. agreed price: compensation to be paid for use of the holiday accommodation; items not included in the agreed price must be described in a price list;
g. costs: all costs to the operator associated with operating the holiday company;
h. information: written/electronic details concerning the use of the holiday accommodation, its utilities, and the regulations concerning the accommodation;
i: cancellation: written termination of the agreement by the visitor, made before starting date of stay.
Article 2: Content of agreement
1. The entrepreneur sets for The operator makes a holiday accommodation available to the visitor for recreational purposes, and not for permanent residence. The holiday accommodation is to be of the type agreed upon, made available for the duration of the period agreed upon and for the price agreed upon.
2. The operator is required to provide the visitor in advance with the written details that this agreement is based upon. The operator must notify the visitor in writing of any changes made to these written details in a timely manner.
3. If the details differ significantly from the details provided at the time of entering the agreement, the visitor bears the right to cancel the agreement without cost.
4. The visitor is obligated to comply with the agreement and its supplemental details. He shall ensure that fellow visitors and/or third parties visiting him and/or staying with him comply with the agreement and its supplemental details.
5. The visitor and the operator may draft individual additional arrangements that differ from these terms and conditions in favor or against that of the visitor.
Artikel 3: Duration and expiration of the agreement
The agreement automatically expires after the agreed upon period, and no notice is required.
Article 4: Price and price changes
1. The price will be agreed upon based on the rates applying at the time of agreement, set by the operator.
2. If after agreeing upon the price, additional costs arise due to an increase of financial burdens and/or taxes on the operator’s end that directly concern the holiday accommodation or the visitor, these may be passed on to the visitor, even after finalizing the agreement.
Article 5: Payment
1. The visitor is to make payment in euros, unless otherwise agreed upon, respecting the agreed upon payment term.
2. If the visitor, despite receiving previous formal notice, fails to fulfill their payment obligation in a correct manner within a period of two weeks after receiving formal notice, the operator bears the right to dissolve the agreement with immediate effect, without prejudice to the right of the operator to full payment of the agreed upon price.
3. If the operator is not in possession of the total amount due on the day of arrival, he is entitled to deny the visitor access to the accommodation, without prejudice to the right of the operator to full payment of the agreed upon price.
4. Reasonable extrajudicial costs made by the operator after notice of default shall be borne by the visitor. If the total amount is not paid in due time, the legally established interest rate on outstanding amount will be charged post written summons.
Article 6: Cancellation
1. In case of cancellation, the visitor shall pay compensation to the operator.
This amounts to:
- 15% of the agreed upon price in case of cancellation more than three months before the commencement date;
- 50% of the agreed upon price in case of cancellation three to two months before the commencement date;
- 75% of the agreed upon price in case of cancellation two to one month before the commencement date;
- 90% of the agreed upon price in case of cancellation within one month before the commencement date;
- 100% of the agreed upon price in case of cancellation on the commencement date
The compensation will be refunded proportionally after deduction of administrative costs if the accommodation is booked for the same period or part thereof by a third party on the proposal of the visitor and with the written consent of the operator.
2.If the visitor has joined the cancellation fund of Bungalow Park de Lindenberg, the costs of the agreement will be 100% covered upon cancellation of one or more bungalows, with deduction of the participation fee and administrative fee.
- Claims can only be made with the cancellation fund in case of mortality, disease, or accidents, leading to cancellation of the holiday.
- No claim for compensation to the cancellation fund can be made upon cancellation on or after the day of arrival.
Article 7: Use by third parties
1. Use of the holiday accommodation by third parties is only allowed with the operator’s written permission.
2. Conditions may be attached to the written permission, and these must be described in writing in advance.
Article 8: Premature departure of the visitor
The visitor is obligated to pay the full price for the agreed upon rate period.
Article 9: Interim termination by the operator and eviction due to culpable deficiency and/or wrongful act
1. The operator may terminate the agreement with immediate effect:
a. if the visitor, fellow visitor(s) and/or third parties fail to properly comply with their bligations under the agreement, its supplemental details and/or government regulations despite previous written warning, and this to such a degree that, by the standards of reason and fairness, it cannot be demanded of the operator to continue the agreement;
b. If the visitor, despite previous written warning, causes disturbances to the operator and/or fellow visitors, or causes the good atmosphere of the property or its immediate vicinity;
c. If the visitor, despite previous written warning, makes use of the holiday accommodation contrary to the property’s purpose.
2. If the operator wishes an interim termination and eviction, he must notify the visitor through personally handed letter. In urgent cases, the written warning may be dispensed with.
3. After termination, the visitor must vacate the holiday accommodation and leave the property as soon as possible, and no later than after a period of 4 hours.
4. The visitor is obligated in principle to pay the agreed upon rate.
Article 10: Laws and regulations
1. The operator will at all times ensure that the interior and exterior of the holiday accommodation complies with all environmental and safety requirements prescribed by the state.
2. The visitor is required to strictly comply with all safety prescriptions applicable on the property. The visitor must also ensure that fellow visitors and/or third parties visiting and/or staying over strictly comply with all safety prescriptions applicable on the property
Article 11: Maintenance and construction
1. The operator is required to keep the holiday property and its central facilities in a well-maintained condition.
2. The visitor is required to maintain the holiday accommodation and its immediate surrounding area in the same condition in which the visitor received it for the duration of the agreement.
3. The visitor, fellow visitors and/or third parties are not allowed to dig holes, fell trees, prune bushes, or perform any such activities on the premises.
Article 12: Liability
1. The civil liability of the operator for damages other than injury or death is limited to a maximum of €455,000.- per event. The operator is obligated to be insured for such damages.
2. The operator is not liable for accidents, theft, or damages incurred on his property, unless it is the direct result of negligence attributable to the operator.
3. The operator is not liable for consequences of extreme weather or other forms of force majeure.
4. The operator is liable for utility failures, unless he is able to call on force majeure.
5. The visitor is liable toward the operator for damages caused by actions or negligence by himself, fellow visitors, and/or third parties, as far as these damages can be attributed to the visitor, fellow visitors,
and/or third parties.
6. The operator commits himself to take appropriate action when the visitor makes notice of disturbances caused by other visitors.
Article 13: Disputes
1. Dutch law is applicable to all arbitration concerning the agreement.
2. Dutch judges have exclusive jurisdiction to hear these disputes.
3. disputes will only be considered if the visitor has presented his complaint within two weeks after the facts to the operator in written form.
4. The operator will not deal with disputes concerning illness, injury, mortality, or non-payment of invoices that do not involve material complaints