Terms & Conditions
1. General
1. These general terms and conditions apply to all Vacances Provence B.V.(hereafter VP) bookings. If and as far as conditions for bookings for certain holiday homes differ from these general germs and conditions, the different conditions will apply.
2. The tenant must realise that VP rents holiday homes from private third parties (hereafter “the Owner) and the tenant must in all cases conduct himself accordingly.
3. With rented property / holiday home is meant the holiday home in question with yard, house, other buildings (swimming pool) inventory, tools, and all (moveable) property belonging to the holiday home and yard in question.
4. The tenant is the person who enters into an agreement with VP. Furthermore a tenant is the person who enters into an agreement with VP for or in the name of the tenant who enters into an agreement with VP.
2. Reservation and payment
1. VP is authorised to change the prices, provided that there is a period of 7 months or longer between the booking and the booked holiday period.
2. A rental agreement is reached as soon as the booking form (via internet) is received by VP (or if the booking is made by telephone) and the booking is confirmed in writing or by e-mail by VP under the dissolving condition that the owner indicates – for whatever reason whatsoever – within 48 hours after the booking confirmation from VP that rental in the period in question is not possible. If and as far as these dissolving conditions are invoked by VP and the tenant suffers damages, VP will not be held liable for these damages unless the damage is a result of intention or deliberate recklessness on the part of VP
3. A confirmed booking is definite and can not be withdrawn. The law “Purchase from a distance” and specifically the therein mentioned contemplation period of 7 workdays, does not apply to travels and/or holidays including accommodation, booked through the internet. In this law an exception is made for the tourist sector due to the specific character of the provided services, according to the European guideline regarding the purchase from a distance, which also provides and exception for services regarding accommodation, travel, the restaurant business and recreation.
4. Reservations are from Saturday to Saturday unless otherwise agreed on.
5. VP will once only charge a reservation fee for the amount of € 50,-.
6. The indicated rental prices shall be owed per week, unless otherwise mentioned or agreed on.
7. At the latest 7 days after receipt of the confirmation, VP must have received from the tenant a down payment of 35% of the total rent due unless VP and the tenant have made other arrangements.
8. The remaining 65% of the rent due must be pain into the bank account of VP at the latest 8 weeks prior to the stay, unless VP and the tenant have made other arrangements.
9. If a reservation is made within 8 weeks prior to the stay, the total amount of rent due should be transferred (by telegraphic transfer) at once to the account of VP.
10. In case of non timely payment of the owed amounts tenant is automatically negligent. VP will then send a reminder by e-mail. If the amount owed is not received within 7 days after the written reminder, the agreement is deemed cancelled in which case VP is entitled to charge cancellation costs as described in article 5 of these general terms and conditions.
11. After full payment of the rent due, the travel documents including the address of the holiday home and the name of the key keeper, who will hand over the key to the tenant, will be sent to the tenant’s address approximately 3 weeks prior to the first day of the rental period. The tenant will then receive a letter in which the agreement and the specific details regarding his holiday home, such as bed linen (rented or own bed linen), end of stay cleaning (to do yourself/have done), security deposit etc. are noted.
3. Amendments by tenant
1. If the tenant wishes to amend the rental agreement in place, VP must give explicit written approval. It is in not allowed under any circumstances to amend the agreement as of and within a period of 4 weeks prior to arrival. For each amendment in a booking already in place, VP will charge an amount of € 50,-.
2. If the tenant amends the booking within 4 weeks prior to arrival, the cancellation conditions of article 5 are applicable.
4. Amendments by VP
1. VP has the right to amend the rental agreement due to pressing circumstances, under which are meant circumstances which make it in all reason impossible for VP to adhere to the agreement (f.i. sale of the home or the house cannot be rented due to an unexpected cause), and VP has the right to amend the agreement due to reasons beyond VP’s control such as war, strike, natural disaster, exceptional weather conditions, death of the owner. In such a case, VP may offer the tenant another home of same quality and price without being considered failing to adhere to it’s obligations. If no other comparable home can be offered, the rent already paid will be reimbursed. VP will not be held liable for any possible other/supplemental and/or delay damages, unless the damage is a result of intention or deliberate recklessness on the part of VP.
5. Cancellation
1. In the case that the tenant wishes to cancel the agreement, then besides the reservation costs, cancellation costs, which will not exceed the rental price, will be charged unless, and in that case as far as, a cancellation insurance has been taken out which covers the costs.
2. Tenant must cancel during office hours. If a cancellation is made outside office hours, the cancellation is considered to be made on the first following work day (Monday thru Friday).
3. VP is allowed to cancel the agreement if the tenant is negligent and/or in other cases as described in these general terms and conditions.
4. In the case of cancellation prior to the term of 8 weeks prior to start of the stay, the tenant must pay an amount of 35% of the total rent due.
5. In the case of cancellation within 8 weeks prior to start of stay the tenant must pay the entire rent due.
6. In the case of premature end of stay the entire rent due remains payable.
6. Travel insurance and cancellation insurance
1. Tenant can buy a cancellation insurance and a travel insurance via VP in co-operation with Europeesche travel insurances.
2. Tenant can buy a cancellation insurance via VP in co-operation with Europeesche travel insurances. The premium is 7.0%, including the surcharge premium of 1,5% for supplemental coverage Boarding Stays. Any damage to the inventory is covered up to a maximum of €2,500.= per rental agreement.
The surcharge premium of 1,5% for supplemental coverage Boarding Stays will be added to every booking also if you do not want a cancellation insurance.
7. Additional costs
1. Unless otherwise mentioned, the costs of water and electricity are included in the rent.
2. Unless otherwise mentioned, the costs for renting bed linen and towels, reservation costs (€ 50,=), the surcharge premium of 1,5 % for supplemental coverage Boarding Stays and costs of end of stay cleaning is not included in the rent. On request and if available (at cost) bed linen and a cot can be arranged.
8. Arrival and departure
1. The time of arrival is Saturday after 4:00 pm. The valid departure time is Saturday before 10:00 am.
2. If the tenant arrives after 7:00 pm, tenant must contact the contact person. Arrival after 9:00 pm is not possible. In some instances arrival after 9:00 pm is possible if a surcharge of maximum 100 euro to the key keeper is paid. VP has no influence on this and is not liable for any damages whatsoever if arrival after 9:00 pm is not possible.
9. Number of people
1. The maximum number of people agreed upon to stay in the rented accommodation must not be exceeded, unless explicitly agreed on by VP in which case VP is entitled to charge supplemental costs. If, without permission of VP, more people than agreed on stay overnight in the holiday home, the tenant is automatically negligent in regards to his obligations according to the agreement and is liable for damages.
2. VP and tenant agree to determine in advance that damages suffered as a result of not adhering to the subsection 1 prohibition will be € 150,= per day per person, for the amount of people exceeding the allowed number of people. This condition is applied as a penalty and applies undiminished the right of VP to still demand adherence and/or (supplemental) damages of whatever nature.
10. End of stay cleaning
1. Unless otherwise agreed on, the end of stay cleaning is to be done by tenant. VP urgently requests the tenant to thoroughly clean the home so that the next guests can start their holiday in a well cleaned home. In most cases it is obligatory to have the end of stay cleaning done against additional charge which are mentioned. Even in these cases, where the tenant pays a certain amount to have the end of stay cleaning done, the tenant must on departure leave the home tidy and kitchen clean and tidy, if tenants fails to do so, the owner or caretaker is entitled to deduct part of the security deposit as extra cleaning costs.
11. Security deposit
1. For most of the holiday homes a security deposit must be paid on arrival, which is refunded on departure minus any additional costs or damages caused by the tenant (for example cleaning costs, costs for breakage, damages). For some holiday homes the deposit will be refunded after departure (in which case the tenant should leave his name and address behind). If tenants leaves prior to the agreed on departure date the deposit will also be forwarded. The amount of the security deposit is mentioned on the invoice. The payment of the security deposit on site and the refunding thereof is a matter between the owner/local agent and tenant. VP is not liable for damages as a result of problems arising hereof.
2. In some cases VP will collect the security deposit on behalf of the owner. If this is the case, then VP has no control over this matter and is obliged to make the security deposit available to owner on request. After the rental period, the security deposit can only be refunded after owner’s consent, such consent to be given within 14 days. In the event consent is not given within 14 days, VP shall refund the security deposit on its own accord. Within these parameters, VP does not accept any liability.
3. If the tenant does not fulfill, on arrival, his financial obligation regarding the security deposit, the owner / care taker is entitled to refuse entrance to the property until the security deposit is paid.
12. Swimming pools
1. Swimming pools are as a rule to be used from end of April until end of September. Exceptions are possible in which case VP is not liable for any damages resulting there from.
2. Children younger than 14 years are only allowed to use the swimming pool under supervision of an adult and the child(ren) must wear a life vest.
3. All Pools at rented properties in France are required by Law to have some form of pool protection whether an alarm, protective fence or cover. It is the owners' responsibility, not that of VP, to provide approved protection and the client's responsibility to check the functioning of the protection and to inform VP immediately any defects. Accidents arising from the client's lack of use of the pool protection are deemed to be that occupying client's responsibility. At no time under whatever circumstances is the pool protection to be deemed a substitute for the lack of supervision of minors by their parents or guardians. VP, nor the Owner can be hold liable for any accident in the pools.
4. Pools can only be heated if it is mentioned. In that case the temperature of the water can be heated with maximum of approx. 6 degrees Celsius.
13. Pets
1. Only in certain cases are pets allowed in the private homes and in all cases it only on specific request. The surcharge is €50,-. a week.
14. Miscellaneous
1. Smoking is not permitted in the holiday homes.
2. Tenants are required to dispose of garbage, bottles, paper, etc.
3. If a copy of housekeeping rules are present in the accommodation, these should be adhered to without exception. A copy of a set of applicable housekeeping rules can be found in the holiday home.
4. Tenant(s) who cause nuisance or problems of such a magnitude that as a result a full stay in the rented accommodation is or shall be made substantially more difficult, can be excluded from (continuation) of their stay by VP, if in all reasonableness VP cannot be required to meet its obligations. All ensuing costs are for the account of the Tenant(s), if and insofar the consequences of nuisance or trouble can be attributed to him/them.
15. Protection
1. If due to and/or during the stay of the tenant damages of whatever nature and extent occur to the holiday home and VP must refund these damages and any additional damages to the owner, the tenant will relieve VP from this obligation.
2. If otherwise than in subsection 1 mentioned, third parties suffer damages due to or during the stay of the tenant in the holiday home, for which damage VP is held accountable and in which event VP is liable, the tenant will relieve VP from this obligation.
16. Liability
1. VP shall exercise the due diligence of a good entrepreneur in carrying out his work.
2. Without prejudice to the aforementioned, VP shall accept no liability due to actions and/or omissions by the respective service provider(s) nor for the correctness of information that these service provider(s) supply. VP shall bear no liability with respect to photographs, folders, advertisements, websites and other information carriers as far as these were created or published under the responsibility of third parties.
3. As far as VP himself is at fault and the traveller thus incurs a loss (including damage due to a spoilt journey), the travel agent’s liability shall be limited to a maximum of 25 per cent of the services invoiced.
4. The liability due to damage for which the traveller is insured (for example, by way of concluding travel and/or cancellation insurance or health costs insurance) or liability due to damage suffered by the traveller in the context of the exercising of a profession or a business (including the damage due to the lack of connections or failing to arrive at the destination on time) shall be excluded.
5. VP shall not be liable for any promises made by his personnel and/or third parties that clearly depart from the conditions stated in these conditions or those of the respective service provider unless such promises have been subsequently confirmed in writing.
6. The exemptions and limitations of liability included in this article shall also apply to VP personnel and those of any third party that has been engaged.
7. We will indicate the presence of WIFI, but we neither the owner do guarentee that it is working or available. VP is not liable for the absence of the WIFI.
8. The tenant is made aware dat the tenant is accountable for damages occurred to the holiday home during the stay, unless there is evidence to the contrary.
VP stipulates for the benefit of the owner that the tenant will be kept to compensate all damages of the holiday home to the owner.
Therefore it is obliged that the tenant has a liability insurance. VP and/or the owner can ask to show a copy of the insurance.
9. VP is not liable for any damages as a result of deviation in the rented property or inconveniences on site, except if these deviations or inconveniences are such that it regards the essences of the rental agreement and in case the damages is owing to the gross fault of the irresponsability of VP. In which case the damages are limited to direct damage and in every form of consequent damage excluded. The liabilty of VP is still limited to 25% of the amount of the rent.
10. Building activity. It can happen that unexpected building activity takes place in the surrounding of the rented villa. VP is not liable for these activities. VP is neither responsable for interruptions and failure of current- and water supplies.
17. Rent and collection charges
A tenant who has not timely met his financial obligation towards VP will be charged interest of 1% over the principal amount per each month or part of a month. Furthermore, the tenant is obliged to pay all non-judicial collection costs with a minimum amount of € 50,-.
18. Complaints
1. During the stay, complaints should be lodged in writing or in other suitable form with VP, at the latest within 24 hours, in order to enable VP to take appropriate action. Should the complaint not be dealt with in a satisfactory manner, the tenant should, on arrival in the Netherlands, lodge a written complaint within 4 weeks after return to the Netherlands stating all details relating to the case.
2. If the tenant does not adhere to the terms which are stated in subsection 1 of this article, he uses up his right to compensation, this for so far any right to compensation exists.
19. Jurisdiction
1. Dutch law is applicable to all disputes with VP. Undiminished that what is stated in article 17 of these general terms and conditions, the court in Zwolle is with exclusion of other courts the only court authorised to take cognisance of disputes.
SGR Guarentee
Our company is a member of the Dutch SGR (Number 2926). All of the trips mentioned in this programme are therefore subject to the SGR guarantee. The SGR guarantee signifies that the consumer is ensured of recovering his prepaid travel money, should the contracting party be unable to meet the agreed-upon consideration due to financial shortcomings
Gouda, September 2011