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Terms and Conditions

Article 1 Definitions

1. Tenant: The natural person or legal entity who is giving the assignment to Maisonnera, directly or through a Third Party, to advise and act as an intermediary between Tenant and Owner in the conclusion of the Rental Agreement for a Holiday Home. The Tenant is an individual taking a holiday home rental and not acting in the course of the exercise of his profession or business.
2. Maisonnera: Intermediary between Tenant and house owner with respect to one or more Holiday Homes, and in addition is authorised to represent Owner.
3. Tenants party: Those, as a result of the Rental Agreement between Tenant and Owner, staying in the Holiday Home and consequently accepting these General Conditions.
4. Owner: The natural person or legal entity who is the legitimate owner of the Holiday Home and who rents such to tenant. Can be represented by a (local) manager.
5. Manager: A person who provides, on behalf of the owner, the administration of the holiday home.
6. Third party: Any other (legal) person other than the Tenant or Maisonnera.
7. Cancellation: Withdrawal or cancellation of the booking.
8. Booking: Reservations of a holiday home, accepted by Maisonnera.
9. Termination: The "cancellation" of the rental agreement by legal means, on the grounds of non-compliance with obligations under such contract.
10. Holiday home: A house, for example, proposed by Maisonnera for rent as a holiday home.
11. Stay: Actually using a holiday home.

Article 2 Terms

These general conditions apply to all offers and specifications for contracts with deliveries and services by Maisonnera. Conditions, agreements or different arrangements apply only if confirmed by Maisonnera in writing. Agreements and / or promises by Maisonnera apply only if they are confirmed in writing by appointed employees of Maisonnera.

Article 3 Offers: Prices and tariffs

1. An offer made by Maisonnera are without engagement and can be subject to changes, unless otherwise agreed in writing.
2. All references on the website are supposed to be subject to changes. Maisonnera cannot be held responsible for obvious errors and omissions appearing on its Web site. The Tenant acknowledges having read the description of the holiday given by Maisonnera on the website and does not wish more detailed information.
3. Prices include tax and fees for a rental damage insurance, but exclude insurance and travel cancellation and any other costs and fees. Additional costs such as energy costs, cleaning and local compensation fixed by the authorities are shown separately. These additional charges are based on the factors determining their actual costs (index, exchange rate, interest, etc..). Maisonnera is authorized to adjust its prices due to external pricing. Current prices are listed on the website Maisonnera.

Article 4 Conclusion and content of the contract

1. A contract between the Tenant and Maisonnera concludes via a telephone booking confirmation, written or electronic a holiday home.
2. After booking, the Tenant receives a confirmation of the reservation and the rental agreement which together serve as evidence of the contract. (So save these documents carefully!)
3. Reservation confirmations and contracts sent by Maisonnera contain all relevant data to stay in the booked holiday house. For a successful stay and to avoid misunderstandings, after receiving the booking confirmation and rental agreement, the Tenant is required to verify if the reservation data is accurate and complete, and report any errors or omissions to Maisonnera within 7 days after receiving the confirmation or rental agreement. In the absence of such a reference within the agreed period, the Tenant is not permitted to use the inaccuracy or inadequacy of the booking confirmation or rental agreement.
4. Maisonnera has the right to refuse a booking without giving any reason.

Article 5 Cancellation and modification

1. The Tenant is entitled to make a written cancellation, upon payment of the following cancellation charges:
a) In case of cancellations made until nine weeks before the beginning of the first day of the stay: 35% of the rent;
b) In case of cancellation occurring from 8 weeks until the first day of arrival or later: the full rent. The date of the postmark or email in question is decisive for the answer to the question of whether the cancellation was made within the time limit.
2. Cancellation of a booking by the (main) Tenant also serves as a cancellation of the Tenants party.
3. Tenant may be insure against the cancellation of the period of stay with an insurer known Maisonnera.
4. Cancellation by Maisonnera. Maisonnera shall, within 48 hours (2 working days) offer an alternative to Tenant if Maisonnera has to cancel the contract.
This requirement is no longer valid if the cause of the change is attributable to the Tenant.
5. If an amendment is made ​​at the initiative of the Tenant, the additional costs are 50 Euros.

Article 6 Liability

1. Maisonnera cannot be held responsible for inconvenience caused by the Tenant or third parties arising from the stay in the holiday home.
2. Tenant cannot attribute responsibility to Maisonnera. More specifically, Maisonnera is not responsible for temporary water and / or energy resources cut, elevator failure, sauna, heating, pool, etc..  or for changes the layout of roads, driveways, or for moving / closing stores, firms, ski lifts, etc..
2. Maisonnera cannot be held liable in cases of serious misconduct or due to the negligence by Maisonnera.
3. Unless otherwise stated, the responsibility may be engaged Maisonnera insofar Maisonnera is the only judicial official after the rental agreement. This liability is always limited to direct damages and excludes any form of indirect damage. Responsibility Maisonnera is always limited to the maximum amount the insurer will pay Maisonnera appropriate.

Article 7 Payment

1. The payment of the sum is carried out in two stages:
a. 35% of the amount must be paid immediately upon booking;
b. The remaining 65% of the amount must be paid no later than 8 weeks before the first day of stay.
2. Reservations for stays taking place in nine weeks from the date of booking Maisonnera requires full and immediate payment of the stay. Payment can be made by bank transfer or in cash. At the request of Maisonnera Tenant must provide proof of payment to Maisonnera. Maisonnera is not required to report to the Tenant the expiry of the term of payment.
3. If unpaid, all litigation costs and execution costs as the court bailiff is attributable to Tenant. The bailiff court costs amount to at least 15% of the invoice amount with a minimum of 50 €. Maisonnera has the right to demand a guarantee of payment, both before and after the conclusion of the contract.

Article 8 Warranty

1. Prior to stay in a holiday home, the Tenant must pay a security deposit (or rental guarantee), otherwise the rental agreement is supposed to be dissolved on the date of arrival.
2. Generally, the security deposit and the total sum listed on the rental agreement or booking confirmation will have to be paid in full before the  manager or owner will hand over the keys to the Tenant. The security deposit will be returned at the end of your stay, when the keys are handed to the manager or owner, for an amount less any additional costs as stipulated in the rental agreement or booking confirmation, as well as any additional cleaning costs deemed necessary by manage and / or repair costs / compensation resulting from damage / loss due to Tenant.

Article 9 Rights and Obligations of the Tenant during the stay

1. The alternative to these conditions and rental agreement, the local law may apply. Insofar as the local law does not stipulate otherwise, these Terms and the rental agreement shall prevail.
2. Unless otherwise specified by the house rules or the rental agreement, the Tenant's arrival and reception of the keys will always be between 15 and 18 hours. In case of late arrival, the Tenant is required to notify the manager / owner of the rented dwelling (address on the rental contract) and agree with him another time of arrival.
3. Unless otherwise specified on the booking confirmation or the rental agreement, leaving the rented accommodation is always at the time indicated on the rental agreement. Maisonnera is never liable for the consequences of a departure after the specified time. If the Tenant exceeds the departure time stated on the booking confirmation, (s)he will be required to pay an extra day's rental.
4. The Tenant agrees to respect the holiday home and its environment, including sound, and use the holiday according to the instructions provided by Maisonnera or the manager / owner housing.
5. The Tenant is vicariously liable for the damage caused to the rented accommodation or its inventory. If the Tenant causes damage, he shall notify the manager immediately. Repairs or results of this damage will be refunded immediately on the spot by the Tenant. The main Tenant is also civilly liable for incurred by him by another Tenant or a potential visitor in case the damage or damage is found after his departure.
6. Upon his departure, the Tenant agrees that the house is tidy and fully scanned. Furniture present in the house must be returned to the place where they were when he arrived. The dishes must be done and stored in its place. The manager / owner reserves the right to control, at the end of the stay, the inventory. Negligence of cleaning may result in additional costs charged to the Tenant.
7. Tenant will use bed sheets and is not authorized to use beds without sheets.

Article 10 Termination of Rental agreement

The Owner and/or Maisonnera reserve the right to terminate the rental agreement without compensation in the following cases:
a) the Tenant, despite summons sent in writing by registered mail, did not comply with material obligations arising from these conditions or rental agreement;
b) the Tenant does not comply with the rental and its environment, including sound, during his stay in rented accommodation, even after warnings from the manager / owner housing.

Article 11 Complaints

1. Each unit has been carefully inspected and selected by Maisonnera. Maisonnera agrees that the description in on its website completely in line with reality, while giving a margin of error of 15% with respect to the surface of the house and garden, and distances indicated. Description and impressions on the direct surroundings such as satisfaction, facilities, equipment and opportunities for relaxation, may be subject to change or can be seasonality, so that they are at odds with Maisonnera description on the website of Maisonnera. Employees Maisonnera provide information regarding changes reported to Maisonnera on request.
2. Despite efforts by Maisonnera to avoid complaints, the Tenant is entitled to  make a complaint concerning the rented accommodation. Maisonnera is committed to always treat a complaint with the promptness required.
3. If problems found on arrival or during the stay, the Tenant is required to contact immediately (within 24 hours at the latest) the manager / owner.
4. The manager / owner will do everything possible to solve the problem on the spot, in agreement with the Tenant. If the problem could not be solved on the spot with the manager / owner, the Tenant is obliged to make contact by telephone with Maisonnera or one of its representatives (within 48 hours) to leave the opportunity to resolve the problem on site. Outside office hours, please leave a message and confirm by E-mail.
5. If the problem could not be solved on the spot or with the manager / owner or Maisonnera with the main Tenant will meet with the manager / owner, multilingual form for this purpose is available from the manager. Without this form completed and signed by the principal Tenant and the manager, the complaint will not be admissible and the Tenant will not be entitled to any compensation. A copy of the complaint form if completed should be sent to Maisonnera by the main Tenant within thirty days after the end of the stay. Any complaint filed more than thirty days after the end of the stay will not be admissible. Maisonnera address the complaint within 30 days of receipt and seek a suitable solution according to the severity of the complaint, depending on its relevance.
6. Tenant may, within three months after reporting his complaint to Maisonnera, submit a written dispute to the "Geschillencommissie Thuiswinkel" (Commission Litigation Companies Mail Correspondence Dutch). However, before using this remedy, the Tenant must first give Maisonnera the opportunity to resolve the complaint.

The address of the "Geschillencommissie Thuiswinkels" is: PO Box 90600, 2509 LP, Den Haag, The Netherlands. The costs incurred in the submission of the dispute to the Disputes Committee for mail order companies will be borne by the complainant. Dutch Commission disputes companies mail takes a binding decision. Maisonnera will send information about the procedures of the Commission disputes for companies by mail to the Tenant upon Tenant’s first request.

In the event that the Disputes Committee has treated the complaint, Tenant shall respect the decision as stated in the Disputes Committee societies mail.
7. The Tenant is entitled to submit the dispute to a competent judge on the subject, and one year later after the Commission disputes companies mail has rendered its decision. In case the Tenant does not follow the outlined procedure, Tenant will lose his rights to claim damages, insofar such rights exist and Maisonnera does not have any obligation for compensation and / or acceptance of the complaint.

Article 12 Force majeure

1. Maisonnera cannot be held responsible in the event of force majeure (including, but not limited to, war or threat of war, military training, strikes, boycotts, disorder of movement or transportation, government measures, scarcity of raw materials, natural disasters, nuclear disasters, and other circumstances reasonably prevent Maisonnera to fulfil its obligations) and may terminate or postpone the rental agreement unless the Tenant may assert rights of compensation or restitution.
2. If the force majeure occurs during your stay, so that the Tenant could stay in the holiday home only partially, the lease is supposed to be considered dissolved for the period also began, even if the Tenant may establish the actual loss of use of the rented accommodation.

Article 13 Protection of personal data

Maisonnera stores your personal data in accordance with Dutch legislation on the registration of personal data (Law of 08/12/1992). Maisonnera report a processing of personal data subject to that legislation Corps of Personal Data Protection.

Article 14 Final Clause

1. In the extent that private international laws do not stipulate otherwise, only Dutch law applies.
2. All disputes arising from rental agreement or these terms of sale will be the responsibility of a competent court in the Netherlands, to the extent that private international law does not stipulate otherwise.
3. Neither party may assign its rights and obligations to third parties.
4. The other conditions remain in force in the event that certain provisions of the rental agreement and the present conditions of sale would prove invalid.

These Terms and Conditions are filed with the Chamber of Commerce in Eindhoven under number 17134102.