Allgemeinen Geschäftsbedingungen
Booking
conditions of Holiday Rentals Curacao
Article 1 – Formation
and content of agreement : 1. The contract is formed by the acceptance by the tenant for the
offer from Holiday Rentals Curacao. After completion of the contract the tenant
receives a confirmation by email, in the form of an invoice.
Article 2 – Payment: 1. At the conclusion
of the agreement, a deposit of 40% of the total agreed rental price must be
paid. If this payment has reached us, the reservation is 100% solid. 2. The
remainder of the rent must be received six weeks before arrival date by Holiday
Rentals Curacao. In case of late
payment, the tenant is in default. Holiday Rentals Curacao will remind the
tenant by email. He has then still the possibility to pay the amount within 7
work days. If there is still no payment,
the agreement is considered cancelled of the day of default. Holiday Rentals
Curacao is entitled to charge €75.- cancellation fee. 3. If the travel contract
is established within 6 weeks before arrival date, should immediately the
entire rent be paid.
Article 3 – Rent: 1. The published
rental price is per accommodation, unless indicated otherwise. 2. The published
rental price is based on prices, exchange rates, duties and taxes as at Holiday Rentals Curacao known at
the time of printing the publication.
Article 4 – Travel documents: 1. Holiday Rentals Curacao make the required
lease documents (invoice) by email in the possession of the traveller.
Article 5 – Changes by
the tenant:
1. After completion of the agreement, the tenant may request amendments.
Subject to the condition that the tenant meets the changed rent deducted from
the payments already made. Above that, he has to pay the change costs of €35,-.
Article 6 – Cancellation
by the tenant: 1. If a contract is cancelled, the tenant is due, next to the
reservation and administration costs (€75,-)the following cancellation costs: a. At cancellation 42 hours prior to
arrival: the deposit. b. Cancellation
from the 42nd day (inclusive) until the 28th day prior to
arrival: 60% of the rent. c. Cancellation from the 28th day
(inclusive) until the day of arrival: 90% of the rent. d. Cancellation on the
day of arrival or later: the full rent.
Article 7 – Deposit: The tenant pays, by
bank, a deposit to Holiday Rentals Curacao for the rented accommodation. Holiday Rentals Curacao will, at the end of
the rental period, refund the deposit
within 7 days, minus what is owed to Holiday Rentals Curacao, such as usage of
electricity / water, damage, etc.
Article 8 – Obligations
Holiday Rentals Curacao: Holiday Rentals Curacao is obliged to make the rented available and
in good condition for tenant on the agreed date and time.
Article 9 – Obligation
tenant: Tenant
is required to properly use the rented and hand back in good condition, clean
and complete, with no damage. Major cleaning
costs are not included in the rent.
Article 10 – Damage: Tenant is liable for the
damage to the rented property, including damage or loss (part of) inventory,
caused during the rental period and through the fault of the tenant.
Holiday
Rentals Curacao advises the tenant to a travel and cancellation insurance.
Article 11 - Cost recovery: The
costs of normal maintenance and repairs will be for the owner. Should defects
occur, the tenant must immediately notify the manager / owner of the property
and follow it’s instructions as good as possible. Any costs made therefore by
the tenant are paid back by the owner, if the manager / owner agrees and approves.
Article 12 – Cancellations by Holiday Rentals Curacao: 1:
Holiday Rentals Curacao has the right
to cancel due to significant circumstances. 2: Significant circumstances are such
that further alignment of Holiday Rentals Curacao to the agreement cannot reasonably be demanded. 3: If the cause
of the termination can be allocated to the tenant , the resulting damages are
to be paid by the tenant.
Article 13 – Amendment by Holiday Rentals Curacao: 1.: Holiday Rentals
Curacao reserves the right to change the
agreed service due to grave (force majeure) conditions. He shall notify this
within 72 hours (3 days) to the tenant,
after Holiday Rentals Curacao is aware of these changes. 2a.: In case of changes,
Holiday Rentals Curacao give the tenant an alternative offer. He does this
within 72 hours (3 days). 2b.: The alternative offer has to be at least
equivalent. Equivalence of alternative
accommodation should be judged by objective criteria and should be determined
to the following condition: the location of accommodation in the place of
destination, the type and class of the facility the accommodation offers. 3a.: the
tenant who uses his right to change or reject the alternative offer, must
express this within 72 hours (3 days) after receiving the notice of the change
or alternative offer. 3b.: In that case,
Holiday Rentals Curacao has the right to cancel the contract immediately. He
must, on pain of forfeiture, make use of this right within 72 hours (3 days)
after receiving the notice of the refusal by the tenant. The tenant has, in
that case, right of remission or refund the rent (or, if the trip is enjoyed
partly, to repay a proportionate part thereof) within 2 weeks. 4a.: If the
cause of the change can be attributed to Holiday Rentals Curacao, the resulting
damage to the passenger will be on behalf of Holiday Rentals Curacao. Whether
this is the case, is determined on the basis of Article 14. 4b.: If the cause of the change can be attributed to
the tenant, the resulting damage is to be paid by the tenant. 4c.: If the cause
of the change can neither be attributed to the tenant nor to Holiday Rentals
Curacao, both parties pay their own damage.
4d.: If the cause of change lies in an airplane company, Holiday Rentals
Curacao is never held responsible.
Article 14 – Liability and Force Majeure: 1.: Holiday Rentals
Curacao works as a professional agent for renting private holiday homes to
tourists. Holiday Rentals Curacao is responsible for correct execution of your
booking. The owners of these houses are liable for their property and the rent
of it. Holiday Rentals Curacao know all these properties in detail and that
these properties meet the description on our website www.holidayrentalscuracao.com
. The tenant has the right to receive
the rented house as it is described on the site, this falls under the
responsibility of Holiday Rentals Curacao. Each owner has a manager who manages
the property and which ensures a clean and complete house. This manager acts on
behalf of the owner and has as mission to offer the property as defined on the
website. With disputes about the
property of parts of the house, Holiday Rentals Curacao will mediate between the tenant and the home owner
to a good and acceptable final result for the tenant and owner. Houses that (no longer) meet the high standards of
Holiday Rentals Curacao will be removed immediately from our offer on the
website. If an owner can’t meet the rental as described, Holiday Rentals
Curacao makes sure to offer a comparable alternative. 2.: For failure caused by
force majeure, Holiday Rentals Curacao will make every effort to provide a
solution within the limits of the circumstances. This, too, in direct
consultation with the home owner. Force majeure means unusual and unforeseeable
circumstances beyond the control of the person relies on and whose effects,
despite all precautions, could not be avoided. Examples of force majeure are
natural disaster, storm or flood, burglary or robbery, construction activities
in the environment, war threats, house isn’t rentable (for example caused by
fire).
