Article 1: Definitions
In these terms and conditions, the following definitions shall apply:
- holiday accommodation: camper van pitch, camper turning place, flat, and the like;
- entrepreneur: Nuuverstee;
- holiday maker: the person who enters into the agreement with the entrepreneur concerning the holiday residence;
- period of stay: period of at least one day and at most three months in a calendar year;
- rules of conduct: rules concerning the use of and the stay at the holiday company, the place and in the holiday residence;
- complaints protocol: procedure for reporting and handling complaints.
Article 2: Content of the agreement
The entrepreneur puts the agreed holiday residence at the disposal of the holiday maker for recreational purposes, so not for permanent residence, for the agreed period of stay.
The agreement is concluded on the basis of the information, folder(s) and/or other advertising material provided by the entrepreneur to the holiday maker.
Article 3: Soundness and safety
The entrepreneur has the right to check or have checked in the holiday accommodation the soundness and safety of the electricity, gas and water installation, whereby the conditions of the utility company are leading, as well as any relevant laws and regulations.
The entrepreneur guarantees the soundness and safety of the holiday accommodation made available, unless he can invoke force majeure or these are the result of failures in the installation for which the holiday maker is responsible.
The holiday maker shall not be allowed to have an LPG installation at the site in any way other than an installation in a motor vehicle approved by the Rijksdienst voor het Wegverkeer.
Article 4: Maintenance and construction
The entrepreneur shall ensure that the holiday park and the holiday residence are in a proper state of maintenance.
The holiday maker/user shall not be allowed – except for normal maintenance – to dig into the grounds, to fell trees or trim shrubs, to lay out gardens, to plant flower bulbs, to install antennas or satellite dishes, to erect fences or partitions, to build verandas, tile decks, attach attachments or other facilities of any nature whatsoever near, on, under or around the holiday residence without prior written consent of the entrepreneur.
Article 5: Price and price change
The agreed price for the flats shall include the costs of use of cleaning, gas, electricity, water, sewerage and other related costs with the exception of the tourist tax, unless otherwise announced beforehand.
In the event that, after determination of the price, extra costs arise as a result of a change in taxes, levies or other charges that also concern the holiday maker, these can be passed on to the holiday maker.
Article 6: Price change in agreements that are entered into for longer than one month
Notwithstanding the provisions in Article 5, paragraph 2, the entrepreneur shall be entitled to change the agreed rate at most once a year. The changed rate shall be brought to the notice of the holiday maker in writing at least one month before the end of the calendar year.
In the event of a price change other than pursuant to Article 5, paragraph 2, the holiday maker may cancel the agreement within 30 days after its announcement. This cancellation shall take effect on the date on which the new rate applies.
Article 7: Payment
The holiday maker has to make payments in Euros, unless otherwise agreed, taking into account the periods of time agreed upon.
In the event that the holiday maker, despite prior written demand for payment, does not completely fulfil his payment obligation, then the entrepreneur shall be entitled to cancel the agreement with immediate effect, observing the provisions of paragraphs 3 and 4.
In case the entrepreneur cancels the agreement, he must inform the holiday maker thereof by registered letter or by letter delivered personally and he must point out the possibility to undo the cancellation by complying with his payment obligation within 10 days after the sending or delivery of the cancellation letter, or to bring the dispute before the competent civil court.
In the event that the holiday maker has not made use of the possibility referred to in paragraph 3, then the entrepreneur shall be entitled to deny the holiday maker and his family members, guests and visitors access to his grounds.
Article 8: Cancellation and premature termination
The holiday maker shall be entitled to cancel the booking free of charge at any time before the start date of the stay. To make the cancellation valid, the holiday maker must send the cancellation via e-mail to the established contact address.
After receiving the cancellation e-mail, the cancellation will be processed as soon as possible. No cancellation or administration fees will be charged.
Article 9: Rules of conduct
The holiday maker, his family members, guests, visitors and possible users shall be obliged to observe the rules of conduct laid down by the entrepreneur, including the rules concerning any required camping and accommodation documents and registration obligations.
The entrepreneur shall inform the holiday maker of the rules of conduct.
In the event that the rules of conduct set by the entrepreneur and/or the agreement are contrary to these terms and conditions and to the detriment of the holiday maker, these terms and conditions shall apply.
Article 10: Liability
The entrepreneur shall not be liable for theft, accidents or damage on his grounds unless these are the result of a shortcoming that is attributable to him or his staff.
The holiday maker shall be liable towards the entrepreneur for the damage caused by the acts or omissions of himself and/or his family members, his lodges, or visitors admitted by him as far as it concerns damage that can be attributed to the holiday maker or them.
The statutory liability of the entrepreneur shall include at least the risk that can reasonably be covered by liability insurance with a minimum of € 500.000,00.
Article 11: Duration and expiry of the agreement
The agreement expires automatically after the expiry of the agreed period.
Article 12: Premature termination by the entrepreneur and eviction in the event of breach of contract
If the holiday maker, his family members, guests or visitors do not or not adequately comply with the obligations from the agreement, the terms and conditions, rules of conduct or government regulations, despite prior warning, and to such an extent that according to standards of reasonableness and fairness, the entrepreneur cannot be required to continue the agreement, then the entrepreneur shall be entitled to terminate the agreement with immediate effect. Thereafter, the holiday maker must vacate the holiday accommodation and leave the business premises as soon as possible. The warning may be omitted in very urgent cases.
In case the holiday maker fails to vacate his holiday residence, then the entrepreneur shall be entitled to vacate the holiday residence at the expense of the holiday maker.
In case the holiday maker is of the opinion that the entrepreneur has wrongfully terminated the agreement, he shall immediately inform the entrepreneur thereof.
The holiday maker shall in principle remain obliged to pay the agreed rate.
Article 13: Dissolution
In case the rented holiday residence is destroyed or cannot be used temporarily through no fault of the entrepreneur, then the entrepreneur and the holiday maker shall be entitled to dissolve the agreement. In case the ruin of the holiday residence or the temporary inability to use the holiday residence is attributable to the entrepreneur, the holiday maker may claim damages.
If possible, the entrepreneur may offer the holiday maker an equivalent replacement holiday residence at an equal price. In that case, the holiday maker can choose between dissolution or accepting the replacement holiday residence.
Article 14: Use by third parties
Neither the entrepreneur nor the holiday maker shall be allowed to put the holiday residence at the disposal of others than the persons mentioned in the agreement, unless expressly agreed upon otherwise. The conditions under which the permitted putting into use takes place shall be arranged in advance by separate agreement.
Article 15: Collection costs
The extrajudicial costs reasonably made by the entrepreneur respectively the holiday maker after a notice of default shall be at the expense of the holiday maker. In case the total amount has not been paid in time, the statutory interest rate may be charged on the remaining part after written summons.
Article 16: Amendments
Changes to the terms and conditions can only be made by the management of Nuuverstee. This means that the holiday maker and the entrepreneur can make individual additional agreements whereby these conditions are deviated from in favour of the holiday maker.