General terms & conditions (Vestdijk)

General terms & conditions (Vestdijk)

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General Terms & Conditions | Short Stay | Vestdijk 

General Terms & Conditions | Short Stay

 

 

1.      Definitions:

The following terms are defined as stated below:

  • Residence32 B.V. a limited liability company incorporated and existing under the laws of the Netherlands, holder of the tradename and known as Corporate Housing Solutions, with its offices at Tongelresestraat 30.26, 5611 VK Eindhoven and Torenallee 57, 5617 BS Eindhoven the Netherlands;
  • General Terms and Conditions: these general terms and conditions of Residence32 B.V.;
  • Client: the natural person or legal entity with whom Residence32 B.V. enters into an Agreement in respect of one or more serviced apartments or serviced houses, or to whom Residence32 B.V. makes an offer in respect of one or more serviced apartments or serviced houses;
  • Guest: the user(s) or resident(s) that stay in one of Residence32 BV’s serviced apartments or serviced houses for a short duration;
  • Agreement: the agreement between Residence32 B.V. and a Customer in respect of one or more Serviced Apartments, consisting of the booking confirmation, and these general terms and conditions;
  • Short Stay accommodation a furnished, serviced residential apartment or house which is available for a temporary stay of minimum 6 nights and maximum 6 months.

 

2. General and Applicability

  • These conditions apply to all offers, tenders and agreements between Residence32 B.V. and a client and/or guest to which Residence32 B.V. has declared these conditions applicable, insofar as the parties have not expressly derogated from these conditions in writing;
  • In addition, these conditions apply to agreements with Residence32 B.V., the performance of which requires Residence32 B.V. to engage third parties;
  • The rented short stay accommodation may only be used as described in the booking confirmation, for the definite, agreed (short) period;
  • Throughout the term of the short-stay, client and/or guest actually use the rented short stay accommodation in a proper manner in accordance with the designated use as indicated in the booking confirmation, and with due observance of the existing restrictive rights and the requirements concerning the use of the rented short stay accommodation set or to be set by the government, the fire department or the utility companies;
  • The client and/or guest expressly declares to be aware of the temporary use/nature of the rented short stay accommodation and agrees in advance to the fact that he must leave or return the used property at the end of the agreed term in the original state.

 

3. Formation of tenders, offers and agreements

  • All offers made by Residence32 B.V. with regard to the formation of an agreement are free of obligation and subject to availability. In the event that – within a term deemed reasonable based on the circumstances following acceptance by the client and/or guest – Residence32 B.V. does not have availability, the relevant agreement will be deemed to not have been formed;
  • No rights of any kind can be derived from offers made by Residence32 B.V., unless the booking is accepted and confirmed by Residence32 B.V.;
  • Residence32 B.V. may at all times refuse to enter into a short-stay reservation, except in the event that such refusal is solely based on one or more of the grounds referred to in Section 429c of the Dutch Criminal Code (discrimination)
  • Agreements entered into by intermediaries (companies, organisations, relocating consultants, estate agents, travel management companies etc.), whether or not on behalf of their relation(s), will be deemed to have been entered into at the expense and risk of such intermediaries, unless expressly agreed otherwise in writing;
  • Residence32 B.V. will not owe intermediaries any provisions or fees of any kind, unless expressly agreed otherwise in writing;
  • The prices stated in the offer are prices, exclusive of VAT, tourist taxes, and other government levies, unless it is stated otherwise;
  • All additions to or changes of the reservation must be confirmed in by email by Residence32 B.V.

 

4. Obligations, nuisance, lost and found objects, waste, pets & no-smoking policy

  • Residence32 B.V. will under no circumstances be liable for loss of any kind suffered by the client and/or guest and/or third parties unless such loss is a direct consequence of intent or gross negligence on the party of Residence32 B.V. or third parties engaged by Residence32 B.V.;
  • Residence32 B.V. is not liable for damage to or loss of goods that the client and/or guest, and/or third parties bring to the rented short stay accommodation;
  • The client and/or guest and/or third parties that accompany them are jointly and severally liable for all loss that arises or will arise for Residence32 B.V. and/or any third parties as a direct or indirect consequence of default (attributable failure) and/or wrongful acts – including a breach of the house rules or a failure to abide by the user’s instructions – committed by the client and/or guest or those who accompany him (which does not include third parties engaged by Residence32 B.V.), as well as for all damage caused by any pet and/or any substance end/or any item of which they are the holder or that is under their supervision;
  • It is prohibited to bring pets or any other animals to the rented short stay accommodation and its main areas. Breaching this rule will allow Residence32 BV to impose a fine of €250,00 to be charged for cleaning and other consequential costs;
  • The rented short stay accommodation will be at the disposal of the client and/or guest or the user from check-in on the commencement date of the reservation or written confirmation, until check out on the last day of the reservation or confirmation, or as otherwise agreed in writing;
  • Check-ins are possible during the whole day, provided that the arrival time is communicated at least 48 hours prior;
  • In the event of force majeure or unforeseen circumstances as a result of which the rented short stay accommodation is (temporarily) unavailable, Residence32 B.V. is obliged to offer the client and/or guest/resident, user or resident a temporary, comparable accommodation or a replacement of the rented short stay accommodation that was or should have been made available in accordance with the agreement or the written confirmation, which (temporary) alternative must in principle be accepted. In the event that the client and/or guest/resident, user or resident evidently considers this too inconvenient, he/she will be authorised to terminate the agreement or written confirmation with immediate effect without further expenses, unless otherwise agreed in writing. In the abovementioned cases, Residence32 B.V. will under no circumstances be liable to compensate any loss of any kind;
  • The client and/or guest will at all times comply with Residence32 B.V.’s house rules. The house rules are available in the Comfortable Living App, to which every guest has access during their stay in the rented short stay accommodation;
  • Residence32 B.V. and the client and/or guest/resident, expressly agree that, if the client and/or guest repeatedly breaks the house rules, or uses the rented short stay accommodation in such a way or otherwise behaves in such a way that the order and the peace in or around the rented short stay accommodation or the building in which the rented short stay accommodation is situated may be or is disturbed, and/or the normal exploitation thereof may be or is hindered, and he fails to change his behaviour after this has been pointed out to him in writing, this will be considered an attributable failure that justifies termination of the agreement/reservation;
  • The client and/or guest will at all times treat the rented short stay accommodation and its inventory and furniture with due care and will return the rented short stay accommodation and its inventory and furniture in the original state at check-out. If and insofar as there is damage to the rented short stay accommodation, the client and/or guest must immediately report this to Residence32 B.V.;
  • In the event of damage to the rented short stay accommodation, or in the event the rented short stay accommodation is left in such a condition that normal cleaning hours don’t suffice to return the apartment to the original state, Residence32 B.V. reserves the right to charge the costs of repairs, extra cleaning costs, steaming of curtains, or replacements of inventory or furniture to the client and/or guest, following consultation with the client and/or guest;
  • Residence32 B.V. and all persons appointed by it are authorised to enter the rented short stay accommodation on working days during office hours for cleaning activities, repairs and inspections of the rented short stay accommodation. In the event of emergencies, Residence32 B.V. is authorised to enter the rented short stay accommodation outside of these hours as well;
  • The client and/or guest is aware of the fact that smoking in the rented short stay accommodation is not allowed. If, the client and/or guest smokes inside the property, Residence32 B.V. is allowed to impose a fine of €350, to be charged for repainting walls and steaming curtains;
  • It is not allowed to sublet the rented property entirely or in part, or allow third parties to use it, or to offer the rented property to third parties for rent or use. If the Client and/or guest submits the rented property, Residence32 B.V. is allowed to terminate the agreement immediately;
  • Residence32 B.V. is not responsible for damage caused by wrongful information given by or in name of client and/or guest/resident. Residence32 B.V. reserves the right to charge consequential lost revenue and/or extra costs to the client and/or guest/resident.

 

5. Term of fixed-term agreements, termination, registration

  • The agreement entered into with Residence32 B.V. ends by operation of law on the agreed date as indicated in the agreement, without a prior notice being required;
  • The client and/or guest is aware of and automatically agrees to the fact that, on the agreed date, the rented short stay accommodation must be delivered and/or returned in the state in which the Client and/or guest originally received it;

 

6. Extensions, cancellations, no shows

  • Confirmed services to be provided must be cancelled as soon as possible before the commencement date of the lease in order to make every effort to re-lease the short stay accommodation;
  • Extensions of the rental period must be requested in writing and are only valid if they have been confirmed in writing by Residence32 B.V.. Extensions take place on the basis of availability. Alternative arrangements may apply in some cases. The Client and/or guest is aware of this and agrees that no rights whatsoever can be derived from a requested extension. Requests for extensions must be made at least 5 days prior to the end of the rental period;

 

7. Payments

  • Payments must be made in the manner indicated by Residence32 BV and in the invoiced currency. When paying by any kind of credit card, card details must be provided to Residence32 BV.;
  • Payments must be made before checking in to the rented short stay accommodation, in the manner indicated by Residence32 B.V. and in the invoiced currency. When paying by any kind of credit card, card details must be provided to Residence32 B.V. at least 5 days before the commencement date;
  • The Client and/or guest will owe payment in respect of invoices from the moment they are presented to him. This includes invoices regarding cancellations, no-shows and damages;
  • In the event that the Client and/or guest fails to pay in a timely matter, he will be in default without any notice of default being required. If the Client and/or guest is in default, he must compensate Residence32 B.V. for all the costs, both legal and extrajudicial, involved in the collection. In addition to that, a Client and/or guest in default will owe an amount in interest that is equal to the statutory interest;
  • In the event that the Client and/or guest does not pay at all, Residence32 B.V. is authorised to terminate the agreement immediately. The Client and/or guest will not receive compensation when termination occurs due to lack of payment.

 

8. Lost and found objects

  • Items that are left behind by third parties must be brought to a member of Residence32 B.V. staff;
  • Items that are not claimed within 7 days, will become property of Residence32 B.V.;
  • Residence32 B.V. is not obliged to send any items left behind by third parties;
  • If Residence32 B.V. sends the left items to their rightful owner, the costs and risks are for the personal account of the client and/or guest.

 

9. Miscellaneous

    • The Client and/or guest indemnifies Residence32 B.V. against any claims from third parties that suffer a loss in connection with the performance of the agreement, the cause of which can be attributed to parties other than Residence32 B.V.;
    • Residence32 B.V. reserves the rights and authorities vested in it under the Dutch Copyright Act (Auteurswet) and other intellectual property laws and regulations;
    • Residence32 B.V. processes personal details, credit card details and copies of passports or identification cards in connection with its services. These details are processed with due observance of the GDPR Compliance (General Data Protection Regulation). The privacy of all Client and/or guest is respected, and Residence32 B.V. ensures that the personal details provided are treated confidentially. Personal details will not be sold to this parties and will only be made available to third parties if this is essential to the provision of the offered service;
    • Residence32 B.V. is allowed to change or add to the General Terms and Conditions at all times.