Recron conditions Holiday accommodation 2016
COORDINATION GROUP SELF-REGULATING CONSULTATION RECRON
TERMS AND CONDITIONS
Vacation Rentals 2016
These RECRON terms and conditions were established, in consultation with the Consumers’ Association and the ANWB, within the framework of the Coordination Group Self-regulation Consultation (CZ) of the Social and Economic Council and entered into force on 1 July 2016.
ARTICLE 1 – DEFINITIONS
In these conditions the following terms have the following meanings:
holiday accommodation: tent, folding camper, camping car, caravan or mobile home, bungalow, summer house, hiker’s cabin and the like;
entrepreneur: the company, institution or association that makes the holiday accommodation available to the holiday maker;
holiday maker: the person who enters into the agreement with the entrepreneur regarding the holiday residence;
co-holidaymaker: the person (s) also indicated on the agreement; third party: any other person, not being the holiday maker and / or his co-holiday maker (s);
agreed price: the fee paid for the use of the holiday accommodation; it must be stated on the basis of a price list what is not included in the price;
costs: all costs for the entrepreneur that are related to the exercise of the recreation business;
information: written / electronic data about the use of the holiday accommodation, the facilities and the rules regarding the stay;
Disputes Committee: Recreation Disputes Committee in The Hague, composed by ANWB / Consumentenbond / RECRON;
cancellation: the written termination of the agreement by the holiday maker before the commencement date of the stay.
a dispute: if a complaint submitted by the holiday maker to the entrepreneur has not been resolved to the satisfaction of the parties.
ARTICLE 2 – CONTENT OF THE AGREEMENT
- The entrepreneur makes available to the holiday maker a holiday accommodation of the kind or type that has been agreed for recreational purposes, ie not for permanent residence, for the agreed period and the agreed price.
- The entrepreneur is obliged to provide the holiday maker with the written information on the basis of which this agreement is also concluded in advance. The entrepreneur always informs the holiday maker in writing about changes in this in good time.
- If the information deviates significantly from the information provided when entering into the agreement, the holiday maker has the right to cancel the agreement without costs.
- The holiday maker has the obligation to comply with the agreement and the accompanying information. He ensures that fellow holidaymaker (s) and / or third party (s) who visit and / or stay with him comply with the agreement and the accompanying information.
- If the provisions of the agreement and / or the accompanying information are in conflict with the RECRON conditions, the RECRON conditions apply. This does not affect the fact that the holiday maker and the entrepreneur can make individual additional agreements that deviate from these conditions in favor of the holiday maker.
ARTICLE 3 – DURATION AND EXPIRATION OF THE AGREEMENT
The agreement ends by operation of law after the expiry of the agreed period, without any notice being required.
ARTICLE 4 – PRICE AND PRICE CHANGES
- The price is agreed on the basis of the price at that time applicable rates, which have been set by the entrepreneur.
- If, after the agreed price has been determined, additional costs arise due to an increase in costs on the part of the entrepreneur as a result of a change in charges and / or levies that directly relate to the holiday residence or the holiday maker, these can be borne by the holiday maker will be charged, even after the conclusion of the agreement.
ARTICLE 5 – PAYMENT
- The holiday maker must make payments in euros, unless otherwise agreed, with due observance of the agreed terms.
- If the holiday maker, despite prior written notice, does not or not properly fulfill his payment obligation within a period of two weeks after the written notice, the entrepreneur has the right to cancel the agreement with immediate effect, without prejudice to the entrepreneur’s right to full payment of the agreed price.
- If the entrepreneur is not in possession of the total amount due on the day of arrival, he is entitled to deny the holiday maker access to the holiday residence, without prejudice to the entrepreneur’s right to full payment of the agreed price.
- The extrajudicial costs reasonably incurred by the entrepreneur, after a notice of default, will be borne by the holiday maker. If the total amount is not paid on time, the statutory interest rate will be charged on the outstanding amount after written summons.
ARTICLE 6 – CANCELLATION
- In case of cancellation, the holiday maker pays a fee to the entrepreneur. This amounts to: – in case of cancellation more than three months before the commencement date, 15% of the agreed price; – in case of cancellation within three to two months before the commencement date, 50% of the agreed price; – in case of cancellation within two to one month before the commencement date, 75% of the agreed price; – in case of cancellation within one month before the commencement date, 90% of the agreed price; – in case of cancellation on the day of the commencement date, 100% of the agreed price.
- The fee will be proportionally refunded, after deduction of administration costs, if the place is reserved by a third party on the recommendation of the holiday maker and with the written consent of the entrepreneur for the same period or part thereof.
ARTICLE 7 – USE BY THIRD PARTIES
- Use of the holiday residence by third parties is only permitted if the entrepreneur has given written permission for this.
- Conditions may be imposed on the consent given, which must then be recorded in writing in advance.
ARTICLE 8 – EARLY DEPARTURE OF THE RECREER
The holiday maker owes the full price for the agreed rate period.
ARTICLE 9 – EARLY TERMINATION BY THE ENTREPRENEUR AND CLEARANCE IN THE EVENT OF ATTITUDE DEFICIENCY AND / OR UNLAWFUL ACTION
- The entrepreneur can cancel the agreement with immediate effect:
- If the holiday maker, co-holidaymaker (s) and / or third party (s) do not fulfill the obligations under the agreement, the accompanying information and / or government regulations, despite prior written warning, or does not properly comply or comply, to such an extent that, according to the standards of reasonableness and fairness, the entrepreneur cannot be expected to continue the agreement;
- If the holiday maker, despite 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 site;
- If the holiday maker, despite prior written warning, acts contrary to the purpose of the site by using the holiday accommodation.
- If the entrepreneur wishes to terminate and evacuate in the meantime, he must notify the holiday maker of this in a personally delivered letter. In that letter, the holiday maker must be informed of the possibility of submitting the dispute to the Disputes Committee. The written warning can be omitted in urgent cases.
- After cancellation, the holiday maker must ensure that the holiday accommodation is vacated and the site is vacated as soon as possible, but no later than within 4 hours.
- In principle, the holiday maker remains obliged to pay the agreed rate.
ARTICLE 10 – LAWS AND REGULATIONS 1.
- The entrepreneur ensures at all times that the holiday accommodation, both internally and externally, meets all environmental and safety requirements that can be set by the government for the holiday accommodation.
- The holiday maker is obliged to strictly observe all safety regulations applicable on the site. He also ensures that co-holidaymaker (s) and / or third party (s) who visit him and / or stay with him strictly observe the safety regulations applicable on the site.
ARTICLE 11 – MAINTENANCE AND ESTABLISHMENT
- The entrepreneur is obliged to use the recreation area and the keep central facilities in a good state of repair.
- The holiday maker is obliged to keep the holiday accommodation and the immediate surroundings, during the term of the agreement, in the same condition as in which the holiday maker received it.
- The holiday maker, fellow holiday maker (s) and / or third party (s) are not allowed to dig, cut down trees, prune bushes or carry out any other activity of such a nature on the site.
ARTICLE 12 – LIABILITY 1.
- The legal liability of the entrepreneur for damage other than injury and death is limited to a maximum of € 455,000 per event. The entrepreneur is obliged to take out insurance for this.
- The entrepreneur is not liable for an accident, theft or damage on his site, unless this is the result of a shortcoming that can be attributed to the entrepreneur.
- The entrepreneur is not liable for the consequences of extreme weather conditions or other forms of force majeure.
- The entrepreneur is liable for disruptions in the utilities, unless he can rely on force majeure.
- The holiday maker is liable towards the entrepreneur for damage caused by the actions or omissions of himself, the fellow holiday maker (s) and / or third party (s), for insofar as it concerns damage that can be attributed to the holiday maker, fellow holiday maker (s) and / or third party (s).
- The entrepreneur undertakes to take appropriate measures after the holiday maker has reported nuisance caused by other holiday makers.
ARTICLE 13 – DISPUTES PROCEDURE
- The holiday maker and the entrepreneur are bound by decisions of the Disputes Committee.
- All disputes relating to the agreement are governed by Dutch law. Only the Disputes Committee or a Dutch court is authorized to hear these disputes.
- In the event of a dispute about the formation or implementation of this agreement, the dispute must be submitted to the entrepreneur no later than 12 months after the date on which the holiday maker submitted the complaint to the entrepreneur in writing or in another form to be determined by the Disputes Committee. If the entrepreneur wants to submit a dispute to the Disputes Committee, he must ask the holiday maker to decide within five weeks whether or not he wants to come to the Disputes Committee. The entrepreneur must thereby announce that he will consider himself free to bring the dispute to court after the aforementioned term has expired. In those places where the conditions speak of the Disputes Committee, a dispute can be submitted to the court. If the holiday maker has submitted the dispute to the Disputes Committee, the entrepreneur is bound by this choice.
- For the handling of disputes, reference is made to the Recreation Disputes Committee Regulations. The Disputes Committee is not authorized to deal with a dispute relating to illness, injury, death or the non-payment of an invoice for which no material complaint is based.
- A fee is payable for the handling of a dispute.
ARTICLE 14 – COMPLIANCE GUARANTEE 1.
- RECRON will take over the obligations of a RECRON member towards the holiday maker, imposed on him in a binding advice by the Disputes Committee, under the conditions agreed between RECRON and the Stichting Geschillencommissie voor Consumentenzaken, if the relevant entrepreneur does not comply with these. the term set for this in the binding advice has been met.
- If the entrepreneur has submitted the binding advice to the civil court for review within two months of its date, any compliance with the binding advice will be suspended until the civil court has given judgment.
- Application of the compliance guarantee requires that the holiday maker makes a written appeal to RECRON.
- ARTICLE 15 – AMENDMENTS
- Amendments to the RECRON terms and conditions can only be made in consultation with the consumer organizations, represented by the ANWB and the Consumers’ Association. SOCIAL-ECONOMIC COUNCIL Bezuidenhoutseweg 60 PO Box 90405 2509 LK The Hague T 070 3499 499 E firstname.lastname@example.org