Discover Holiday Homes Terms

 

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Holiday Homes - Terms


 

Tip: Also read the holiday homes F.A.Q.

This Discover website is owned and operated by Online Discovery Ltd. and the holiday homes booking system is brought to you in partnership with Euro Relais who offer a huge range of Holiday Homes in several European countries.

In these terms and conditions the following definitions will apply:

a. Euro Relais: the provider of holiday accommodation
b. principal tenant: the other party, those for whom the holiday / rental is stipulated and therefore those who rent the holiday accommodation.

1.

GENERAL TERMS

2.

BOOKING

3.

RENTAL TERMS

4.

PRICES

5.

PAYMENT

6.

MAXIMUM NUMBER OF PEOPLE

7.

LIABILITY FOR HOUSE AND SURROUNDINGS-DEPOSIT-CLEANING

8.

RECEPTION ON ARRIVAL

9.

CANCELLATION AND DAMAGE INSURANCE

10.

CANCELLATIONS AND MODIFICATIONS

11.

COMPLAINTS

12.

EURO RELAIS' LIABILITY

13.

INTEREST AND COLLECTING CHARGES

14.

DATA PROTECTION

15.

GOVERNING LAW

16.

MODIFICATIONS

17.

MISCELLANEOUS


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1. GENERAL TERMS

1.1. The actual booking of a holiday home is handled by our partner Euro Relais and as such the rental agreement is made between the customer and Euro Relais. These booking terms are binding to both Euro Relais and the party who concludes the rental agreement with Euro Relais.
1.2. Euro Relais will only rent holiday homes to the principle tenant, who undertakes to make all financial, organisational and informational arrangements with the other tenants (= their guests).
1.3. This principle tenant is liable for the whole group, including guests.
1.4. Euro Relais agrees to provide the agreed accommodation, as described in the website or holiday brochure (paper and CD-Rom) published in the year of the booking and on the Euro Relais Internet site with reference to Art. 11.1 of these Rental Terms and Conditions. Euro Relais will not be liable for the completeness and correctness of the description in the brochure.

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2. BOOKING


Bookings may be made by telephone, post or through the Internet.
All of the above methods are binding and final on both parties. A cancellation fee will be incurred by the principal tenant should this cancellation occur after a booking has been made. (See 10.1.1)

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3. RENTAL TERMS

3.1. Having placed your booking you will receive two copies of your rental agreement / INVOICE. Within 3 days of receipt you will return one signed
copy to Euro Relais. On signing you are, as is Euro Relais, obliged to adhere to the terms of the rental agreement, in particular the payment
instalments as noted in the rental terms.

3.2. In the rental terms the following items are established: code number and name of your holiday home, rental period, maximum number of people for
overnight stay, rental price, premium for cancellation and damage insurance, all service costs to be paid on location, amount of deposit as stated in the price list.

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4. PRICES

4.1 The prices stated in the holiday brochure are, on the one hand rental prices EXCLUDING booking costs and insurance premiums, on the other hand
service costs to be paid on location such as energy costs, cleaningcosts, costs for pets and, where applicable, tourist tax.

4.2. Due to the large variety of holiday homes and the method of calculation of the extra costs, it has not been possible for Euro Relais to publish rental prices including all of these costs in their price list.

4.3. However, whilst placing a telephone booking, both the rental price and all extra costs can be discussed to give you clarity as to the total price of your holiday before placing your booking.

4.4. By the same token, all of these costs are included in the rental agreement.

4.5. Cancellation and damage insurance is a total of respectively 5% en 1% of the rental sum (including insurance tax). Damage insurance (1% of the
rental sum) is compulsory.

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5. PAYMENT

5.1. DEPOSIT: If you depart within 6 weeks after booking the total amount has to be paid directly. If however, you book more than 6 weeks before departure date, the first payment will be 30% of the the total amount plus insurance premiums (damage and cancellation). If a booking is made online, this first sum is deducted from your credit card.

5.3. BALANCE: Six weeks before departure the remaining 70% will of the sum will be taken from the credit card.

5.4. LAST MINUTE BOOKINGs: In event of bookings placed within six weeks before date of arrival the complete amount should be paid, including insurance premiums, on receipt of the rental agreement.

5.5. SURETY: For some, mainly large, holiday homes (14 pers. or more), surety should be deposited at Euro Relais`office, to cover damage costs should these be incurred. The surety should take the form of Euro cheques. These cheques should be deposited a minimum of six weeks before arrival, or in event of late bookings, on receipt of the rental agreement. These cheques will only be cleared in the event of damage being incurred to the holiday home. Please contact us if you would like to learn more about this.

5.6. PROOF OF VOUCHER: as soon as payment, and where necessary cheques as surety, have been received at the Euro Relais office, you will receive a
voucher as proof of payment and confirmation of receipt of surety.

5.7. CONTENTS OF VOUCHERS: on the voucher you will find the name and address of the care taker, who will either welcome you on arrival, or where you can pick up the keys and address of the holiday home. All service costs in accordance with the rental agreement, which should be paid on arrival to the
caretaker, along with the surety sum, are stated on the voucher.

PLEASE NOTE: Only customers residing outside of The Netherlands, Germany or Belgium have to pay by credit card! Residents from e.g. the UK may pay by other methods.

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6. MAXIMUM NUMBER OF PEOPLE


The maximum number of people (incl. children) permitted to stay in the accommodation overnight is stated in the house description given in the holiday brochure. If this number is exceeded, the rental agreement will be terminated and admittance to the house will be denied, without refund of the rental sum. Exceptions can only be made by agreement with Euro Relais, and only after the principal tenant has received written confirmation. The principal tenant is liable for any damage caused by exceeding the maximum number of tenants.

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7. LIABILITY FOR HOUSE AND SURROUNDINGS-DEPOSIT-CLEANING

7.1. The principal tenant and their guests are required to treat the rented holiday home with due care, respecting the peace of the local environment. If the tenants fail to comply with this requirement or cause serious obstruction or nuisance to the local environment, they may be denied further access to the holiday home, thereby breaking the rental contract, with no legal claim to any refund of the rental sum.
7.2. If the principal tenant or their guests inadvertently damage either the rented house or its contents, the damage should be reported to the caretaker immediately. The principal tenant should pay the costs of repairs and replacement immediately. The principal tenant can arrange a claim through his/her insurance after the stay. The principal tenant is liable for any damage caused by co-tenants or visitors, including damage discovered after departure.
7.3. The principle tenant is legally responsible for any persons using the accommodation during the rental period and is required to ensure appropriate behaviour as stated in 7.1. and 7.2. The principal tenant is also legally responsible for any damage caused by any such third party.
7.4 DEPOSIT :
7.4.1 The principal tenant is usually required to pay a deposit on receipt of the keys to the house from the caretaker/owner, as stated in the rental agreement and on the residence-ticket. Unless otherwise stated, this deposit will be repaid, minus any costs incurred - repairs, damage, loss, necessary cleaning - when the keys are returned.
7.4.2The caretaker/owner may return the remaining sum less the costs (energy, cleaning, etc. and any damage) at a later date (within 30 days of departure). The principal tenant should give his/her bank account number to the caretaker/owner for this purpose. Please note : No giro number.
7.4.3 For some houses (usually larger houses for 10 or more people) the principal tenant will be required to pay a deposit in the form of bank or post office eurocheques at the time of payment to Euro Relais. The value of the cheques, minus costs incurred (energy, cleaning etc., and any eventual damage), will be refunded to the principal tenant within 30 days of departure.
7.5. CLEANING REQUIREMENTS ON DEPARTURE: cleaning on departure should be arranged by the principal tenant unless otherwise stated. The holiday home should be left "spotlessly clean" on departure. Crockery and cutlery should be left clean in the appropriate cupboards. Furniture that has been moved should be returned to its original position. The caretaker reserves the right to make an extra charge if the tenants not fulfil these requirements. The caretaker has by the same token the right to charge extra cleaning costs, should extra time (more than usual) be needed to prepare the house for the following guests.
7.6. BED LINEN: Unless otherwise stated tenants must bring their OWN LINEN. Tenants found to have made use of the beds without using sheets can be required, by the caretaker/owner, to pay for cleaning of the bedding.
7.7. PETS: Pets are only permitted (with or without payment) when so stated in the house description.
7.8.LEGAL LIABILITY: the principal tenant should note his / her legal liability in event of fire caused by him / her self and should therefore consider insurance for this eventuality. (In the Netherlands this is usually covered by private liability insurance as required by Dutch law).

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8. RECEPTION ON ARRIVAL

8.1. Unless otherwise stated on the residence-ticket, the principal tenant will collect the house keys between 16.00 and 18.00 hours on the due date of arrival. The tenant should contact the caretaker/owner to make other arrangements for arrival at other times. (Address on the residence-ticket). Unless otherwise stated on the residence ticket, tenants will be required to vacate the accommodation on the departure date between 10.00 and 12.00 hours. (Sundays 20.00 hours). Euro Relais cannot be held responsible for any financial consequences should the tenants deviate from these requirements.
8.2. If the tenants leave the house later than the time of departure stated on the residence-ticket, they will be charged an extra days' rent.
8.3. The caretaker/owner will ensure that the house is in a clean and orderly state on your arrival. If you have any comments or complaints, these should be reported to the caretaker within 24 hours by phone. If the complaint is not dealt with on the spot by the caretaker, see Section 11 - Complaints.
8.4. The caretaker/owner will keep a copy of the residence-ticket. The exact sum of the deposit and service costs is stated on this document. This document is in both the language of the principal tenant and the language of the caretaker/owner.

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9. CANCELLATION AND DAMAGE INSURANCE


The terms and conditions of the damage and cancellation insurance of the AMEV are described in the holiday brochure (paper and CD-Rom) published in the year of the booking and on the Euro Relais Internet site.

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10. CANCELLATIONS AND MODIFICATIONS


10.1. Cancellations and modifications by the tenant:
As stated in ``Thuiswinkel`` general conditions, every client who has made a booking is entitled to 7 days’ cooling-off period from the time of booking. The cooling-off period is not applicable if the date of stay falls within 1 calendar month of the booking. All cancellations must be confirmed in writing to Euro Relais. The franking date on a letter will be taken as the confirmation date by post. The date an e-mail is received will be taken as the confirmation date by e-mail.
10.1.1. The following amounts will be payable by the principal tenant if he/she cancels the rental agreement: cancellation and damage insurance premiums and booking costs;
• cancellation from the day of the booking up to 42 days before the arrival date: 30% of the rental sum
• cancellation from the 42nd day up to the 28th day before the arrival date: 60% of the rental sum.
• cancellation from the 28th day up to the arrival date: 90% of the rental sum.
• cancellation on the arrival date: the full rental sum
10.1.2. The cancellation costs referred to in this article will not exceed the total rental costs.
10.1.3. The principal tenant may provide an alternative tenant for the same rental period. Provided all deposits and remaining payments have been paid, the principal tenant is only required to pay the modification charges and not those normally incurred by cancellation. The terms and conditions as applied to the original tenant will apply to the replacement tenant.
10.1.4. The principal tenant is permitted to request modifications to the rental agreement up to the commencement of the rental period. Where possible these modifications will be honoured. Euro Relais will charge for modification and cancellation (see 10.1.1.) costs. The principal tenant must send a written request for any modification/replacement to Euro Relais at least 7 days before the due date of arrival, so that Euro Relais can complete all the necessary formalities.
10.1.5. Both the replacement tenant and the original tenant are liable to Euro Relais for
payment of the remaining costs of the total costs of the holiday, including the previously mentioned modification and cancellation costs.
10.1.6. Euro Relais will charge 35 Euros for a modification.
10.2. Cancellation by Euro Relais:
10.2.1. Legal termination of the rental agreement. Euro Relais reserves the right to terminate the rental agreement without legal intervention, in the following circumstances:
• the principal tenant has not met the agreed payment instalments - even after Euro Relais has sent written reminders by registered post.
• the principal tenant has not paid the deposit by the agreed date.
• the principal tenant does not adhere to these terms and conditions during his / her stay in the holiday home.
10.2.2. In exceptional circumstances, Euro Relais reserves the right to alter one or more essential details of the rental agreement. Exceptional circumstances are understood to be those circumstances which are such that Euro Relais cannot reasonably be expected to fulfil the contractual agreement. If the changes are due to actions of the principal tenant or his guests, the said principal tenant will be required to pay damages. If Euro Relais has reduced costs as a result of the modifications, a part of these monies will be refunded to the principal tenant.
10.2.3. Euro Relais undertakes to provide alternative accommodation, within 48 hours (2 working days) of the onset of the changed circumstances. This does not apply if the principal tenant is found to be responsible for the changed circumstances. The principal tenant reserves the right to refuse the proposed alternative.
10.2.4. The alternative offer provided by Euro Relais should be of at least equal value to the accommodation originally agreed upon. The equal value will be judged objectively and should be agreed upon according to the following circumstances as apparent in the alternative offer:
1. The accommodation should be situated in the same region of destination
2. Type and class of accommodation
3. The facilities offered
By accepting the alternative accommodation provided by Euro Relais, the principal tenant relinquishes any further right to indemnification or restitution.
10.2.5. If the tenant refuses the alternative accommodation as offered by Euro Relais the following conditions will apply.
10.2.6. The principal tenant reserves the right to refuse the alternative accommodation as stated in the previous article. The principal/tenant will send written notification of his refusal to Euro Relais within three days of receipt of the changes from Euro Relais. In this case Euro Relais reserves the right to cancel the rental agreement immediately. On penalty of expiry of this right, Euro Relais will respond in writing to the principal tenant within 7 days of receipt of the refusal. The principal tenant has in this case the right to a refund of all costs (or, if applicable, a proportion thereof, should the stay have, in part, taken place.) within 2 weeks, possible rights to indemnification being undiminished as stated in the following article.
10.2.7. Euro Relais undertakes to reimburse the principal tenant for any loss for which the tenant has written proof, unless the cancellation is a result of force majeure as stated below.
10.2.8. Euro Relais reserves the right to make minor alterations to the agreement; they will inform the principal tenant immediately of these changed circumstances. In this case the principal tenant can only refuse the alterations when these alterations have a more than minor detrimental effect on the principal tenant. In all of the above cases the principal tenant will be required to pay the cancellation costs (see 10.1.1.).
10.2.9. Cancellation through force majeure
In cases of force majeure such as war, strikes, natural disasters, extreme weather conditions, death of owner, unannounced sale or occupation of the holiday home by the owner, etc. Euro Relais reserves the right to cancel the booking without compensation. Should Euro Relais be forced, through no fault of their own, to cancel, the principal tenant will have the right to choose between alternative accommodation or a refund of the rental sum paid. In both cases the tenant gives up any further rights.

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11. COMPLAINTS


11.1. Each holiday home has been carefully selected and inspected by Euro Relais. Euro Relais vouches for the correctness of the descriptions of the holiday homes, taking into account a 30% margin of error regarding surface areas and distances. Descriptions and impressions of the local area and facilities and furniture, recreational possibilities etc. can differ from those in the brochure depending on seasonal fluctuations and changes after time of going to press. The principal tenant is advised to make enquiries ifl this is relevant to their booking.
11.2. Notwithstanding the efforts of Euro Relais, it is possible that the principal tenant judges that they have a valid complaint regarding the rented holiday home. With reference to any compensation or refund, the principal tenant should give Euro Relais the option of providing a fitting solution to their complaint. Premature departure, or taking occupancy of a house other than one offered by Euro Relais, releases Euro Relais from any duty to compensate.
11.3. Complaints procedure
11.3.1. The principal tenant will notify the caretaker/owner should be notified immediately (within 24 hours at the latest) of any complaints that arise regarding the house, either on arrival or during the stay. The caretaker/owner is required to do everything possible to deal with the complaint on the spot.
11.3.2. If the caretaker/owner does not deal with the complaint with on the spot, the principal tenant is required to inform Euro Relais immediately by phone (within 48 hours at the latest), in order to give them another chance to deal with the complaint on the spot. During office hours the phone number is (NL) 0031-40-211.01.01 (B) 0032 3-275.05.05 ; outside office hours via the SOS number given on the residence-ticket.
11.3.3. If, after consultation with both the caretaker/owner and Euro Relais, the complaint cannot be dealt with on the spot, the principal tenant and the caretaker/owner are required to fill in the complaint form provided by the caretaker. Euro Relais will not accept the complaint without this form and the principal tenant will have no right to compensation.
11.3.4. The principal tenant must send a copy of the complaint form to Euro Relais within 30 days of departure. Complaints received after this time will not be accepted.
11.3.5. In the event of dispute, the principal tenant may contact the 'Geschillencommissie Thuiswinkel' (disputes commission) within 3 months of departure. However, before resorting to this option, the principal tenant should first give Euro Relais the opportunity to deal with the claim themselves. The address of the Geschillencommissie Thuiswinkel is: Surinamestraat 24, 2585 GJ The Hague. Disputes brought before the Geschillencommissie incur costs which will be charged to the complainant.
11.3.6. The advice of the Geschillencommissie will be binding and if Euro Relais fails to meet their obligations within the stated time, these will be met by the Dutch Postorderverbond.
11.3.7. Addresses and information regarding the procedures at the Geschillencommissie Thuiswinkel are available from Euro Relais.
11.3.8.If the Geschillencommissie Thuiswinkel does not deal with the complaint to the satisfaction of the principal tenant, the principal tenant retains the right to take legal action up to a maximum of 1 year after the decision of the Geschillencommissie has been made.
11.4. If the principal tenant fails to follow the procedure set down in article 11.3, Euro Relais is released from any claim to indemnity or compensation.
11.5. Compensation for complaints about the holiday house.
11.5.1. Loss of holiday enjoyment
If Euro Relais is found wanting and responsible for loss of holiday enjoyment, the compensation will amount to a maximum of the total rental sum.
11.5.2. Other damage, excluding personal injury. The liability for any damages, other than damages for death or personal injury, will amount to a maximum of three times the rental sum (See Art. 12).

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12. EURO RELAIS' LIABILITY


12.1. Euro Relais is responsible to the principal tenant regarding the proper execution of duties agreed upon in the rental agreement, regardless of whether these duties are carried out by Euro Relais or by other persons brought in by Euro Relais.
12.2. Euro Relais undertakes to provide assistance to the principal tenant in the event of difficulties. If the cause of these difficulties is attributed to Euro Relais, Euro Relais will undertake to cover any costs arising. If the cause of the said difficulties is attributed to the principal tenant, the costs will be covered by the principal tenant. In this case Euro Relais is only required to offer assistance as far as this can reasonably be expected.
12.3. Euro Relais is not be liable for the illegality or unenforcibility of the agreement under Dutch or foreign law.
12.3.1. Euro Relais is therefore not liable for temporary water or electricity failure, or failure of lifts, saunas, heating, swimming pools etc. Neither is Euro Relais liable for changes made to access roads, traffic connections, moving and / or closure of local shops, businesses, ski lifts etc.
12.3.2. Euro Relais is also not liable for any building or construction work surrounding the holiday home in so far as these works have not been made known in advance. (In many countries there is no legal obligation to give prior notice of such activities.)
12.4. Euro Relais is not liable for damage caused by the illegality or unenforcibility of the rental agreement in so far as this can be attributed to the principal tenant.
12.5. Euro Relais is not liable for damages when such damages are covered by the cancellation and damage insurance.
12.6. The liability of Euro Relais is limited to twice the rental sum except in the cases where, taking into account the nature and contents of the rental agreement and the circumstances of the loss, such compensation could be considered unreasonable..
12.6.1. Article 12.6 notwithstanding, Euro Relais' liability towards a principal tenant acting on behalf of his/her work or employer is limited to a maximum of the total rental sum.
12.7. Euro Relais is not liable in cases of force majeure (war, military activity, strikes, natural disaster, nuclear disasters etc.)

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13. INTEREST AND COLLECTION CHARGES


If the tenant fails to meet the payments to Euro Relais, he/she will be charged interest at a rate of 1% per month or part month in addition to the outstanding amount. Furthermore, the tenant is liable for the out-of-court collection costs which are 15% of the sums recovered with a minimum payment of Hfl 100 - unless the costs necessary to recover the amount owed exceeds this sum.

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14. DATA PROTECTION


Euro Relais registers your address details in accordance with the law for private persons registration (WPR) (B-WET van 08-12-1992). Euro Relais' client register is therefore registered at the Dutch Registration Office. A statement of entry is available from the Euro Relais office in Eindhoven. The client register is necessary for commercial administration. Its secondary purpose is, for Euro Relais, as part of the direct marketing sector, for which your details may be used and passed onto third parties. If you do not wish your data to be used for this purpose, you should inform Euro Relais in writing.

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15. GOVERNING LAW


All parties to the rental agreement agree that it is governed solely by Dutch Law. Any case brought to court, see article 11.3.5., will be heard in the court whose jurisdiction covers the location of Euro Relais' registered office with the exception of the magistrate's court, and with the understanding that Euro Relais reserves the right to turn to the judge who on legal grounds has the authority to act.

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16. MODIFICATIONS

Euro Relais reserves the right to alter or make additions to these terms and conditions. Euro Relais will notify the principal tenant promptly of any amendments or additions. If no date is specified for the amendments to come into force, it is understood that the amendments are applicable from the time of receipt by the principal tenant.

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17. MISCELLANEOUS

If any of the above clauses is found to be illegal, all the other clauses will remain valid.

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Tip: Also read the holiday homes F.A.Q.

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