Article 1. Definitions
In these General terms and conditions of Top-Chalets V.O.F. (hereinafter referred to as Top-Chalets) established at 1e Tochtweg 28a, 2931LP Nieuwerkerk aan den IJssel Ch. of Comm. 24421336, the following terms are taken to mean:
Accommodation A holiday home that is offered by the owners for renting via the website of Top-Chalets.
General terms and conditions These general terms and conditions of Top-Chalets.
Booking An agreement between the Hirer and Top-Chalets for renting Accommodation. The agreement will come into effect at the time when the Hirer makes the Booking and the acceptance of this Booking by Top-Chalets.
Service(s) The services to be delivered and delivered by Top-Chalets to the Hirer consisting of the facilitation of the renting of an Accommodation.
Hirer The Party that purchases the Services from Top-Chalets.
Principal Sum The principal sum consists of the rent sum and all compulsory costs as described in article 7.3.
Top-Chalets The supplier of the Service and the other party of the Hirer.
Parties The Hirer and Top-Chalets jointly.
Party The Hirer or Top-Chalets individually.
Article 2. Applicability
2.1 The General terms and conditions apply to the Bookings made by the Hirer.
2.2 The applicability of any general or specific terms and conditions, however described, is expressly rejected.
2.3 If any provision of these General terms and conditions is null and void or declared void, the other provisions of these General terms and conditions will remain in full effect and Parties will record a new provision for the replacement of the null and void or voided provisions, whereby the objective and the meaning and effect of the null and void or voided provisions will be observed as much as possible.
2.4 In the event of conflict between the provisions of the General terms and conditions and the provisions on the website, or other available information, the provisions of the General terms and conditions will prevail.
2.5 Amendments of, and addendums to, the General terms and conditions will only apply if they are agreed in writing between Parties. The change and/or addition will only apply for the Booking concerned.
2.6. The Services provided by Top-Chalets only relate to the temporary letting of holiday homes for recreational purposes. Parties expressly acknowledge that there is no letting/renting of residential premises or business premises and the Hirer will therefore not use the Accommodation for such purposes.
Article 3. The Booking and payment
3.1 The Booking will come into effect after the Hirer has filled in and sent the booking form on the website of Top-Chalets, or as the case may be has made an application by telephone or by email and Top-Chalets has confirmed and accepted this Booking.
3.2 The Hirer will make the bookings for the purpose of his personal stay in the Accommodation. If the Hirer places a Booking for the benefit of a third party, the Hirer will be responsible for acquiring the correct authorisation and/or permission from this third party. The third party and the Hirer will remain jointly and severally liable for the fulfilment of the obligations ensuing from the Booking.
3.3 The Hirer will be responsible for ensuring that all the information for making the Booking is correctly and completely filled in. If any data appears to be incorrect or incomplete, the Hirer will make contact with Top-Chalets as quickly as possible.
3.4 After receipt of the booking form, or as the case may be the application, Top-Chalets will verify the availability of the Accommodation. If the booking form or the application is approved, the Booking will be confirmed in writing, whereby an email is also regarded as in writing. Within 14 days after the confirmation date the Hirer must pay a down payment of 50% of the Principal Sum to Top-Chalets.
3.5 The remaining amount must be paid to Top-Chalets no later than 6 weeks before the commencement of the rental period.
3.6 If there are 6 weeks or less between the Booking and the rental period, the Hirer must pay the entire Principal Sum in a lump sum to Top-Chalets within 5 days after the confirmation date, or as much earlier as is necessary to pay the Principal Sum before the commencement of the rental period.
3.7 If the Hirer does not, does not in full, or does not in a timely manner, make the payments, the Hirer will be immediately in default without the requirement of any notice of default. In that case Top-Chalets will be permitted to regard the agreement as terminated and the Booking as cancelled. Top‑Chalets will be entitled at any time to charge cancellation charges, or as the case may be to set-off against any down payment.
3.8 If termination of the agreement is not permitted for any reason whatsoever, or as the case may be is not possible, Top-Chalets will be permitted to suspend the execution of its Services until the Hirer has fulfilled all obligations.
Article 4. Delivery & Accommodation
4.1 The Hirer is aware of the fact that Top-Chalets is not the owner of the Accommodations and only intermediates for the letting of the Accommodations.
4.2 Top-Chalets is not responsible for the photos, description and information regarding the Accommodation. The Hirer cannot rely on error if the Accommodation derogates from that which has been described or represented otherwise.
4.3 Top-Chalets will execute its work to the best of its knowledge and will thereby observe the reasonable requirements of high standards.
4.4 If and insofar as the proper execution of the Booking requires this, Top-Chalets will have the right to let a part or the entirety of the agreed Services be executed by third parties.
Article 5. Obligations of the Hirer
5.1 The Hirer will behave in the Accommodation as can be expected from him and he will not stay in the Accommodation with more people than for which the Accommodation is intended. The Hirer will in any event comply with the house rules of the Accommodation. The house rules will in any event entail that smoking, deep-frying and pets are not permitted in the Accommodation. In the event of incorrect use, or not leaving the Accommodation as described in these General terms and conditions, or in the house rules, additional (cleaning) costs can be charged on.
5.2 The Hirer will only park in the parking space(s) that form part of the Accommodation. If several parking spaces are available for the Hirer, but the Hirer does not use these parking spaces during his stay, the Hirer will not have any right to refund. In that case Top-Chalets retains the right to allocate the unused parking spaces to another hirer.
5.3 It is not permitted to wear ski boots in the Accommodations, these must be placed in the space in the Accommodation intended for this purpose for the storage or the drying of ski boots.
5.4 The Hirers must separately dispose of all waste, such as bottles, paper and residual waste. The kitchen, including any dishwasher and oven must be left behind in a clean condition when checking out of the Accommodation.
5.5 Electric vehicles may only be charged at an existing charging station. It is not allowed to charge the vehicle via a socket in the home.
Article 6. Rental period
6.1 The rental period will be set out in the travel documents. These times and dates for the rental period are final. Top-Chalets can only within reasonable limits derogate from the rental period and only if maintaining the rental period cannot be required from Top-Chalets in all reasonableness.
6.2 The rental period starts on Saturday from 16.00 hours and ends the next week on Saturday at 10.00 hours unless stated otherwise. The following Accommodations use in any event a derogating rent period:
a) HOME SWEET HOME:
the rental period starts on Saturday from 16.00 hours and ends the next week on Saturday at 09.00 hours.
b) DORFPLATZ TOP 15, DORFPLATZ TOP 63, WIESBERGER TOP 43:
the rental period starts on Sunday from 16.00 hours and ends the next week on Sunday at 10.00 hours.
the rental period starts on Sunday from 16.00 hours and ends the next week on Sunday at 09.00 hours.
d) CHALET SCHNEESPASS
the rental period starts on Friday from 16.00 hours and ends the next week on Friday at 09.00 hours.
e) REICHENSPITZE TOP 7
the rental period starts on Friday from 16.00 hours and ends the next week on Friday at 09.00 hours.
6.3 The Hirer cannot claim the Accommodation outside the stated rental period and the accompanying times.
6.4. If the Hirer, in conflict with this article, continues to occupy the Accommodation outside the rental period, Top-Chalets will be entitled to remove (have removed) the Hirer from the Accommodation, or as the case may be to deny the Hirer access to the Accommodation. Any costs incurred related to this will be recovered from the Hirer.
Article 7. Prices, taxes, surcharges and deposit
7.1 All rent prices are in Euro, including VAT and per week.
7.2 The rent of the Accommodation from Top‑Chalets includes the following:
a) Gas, water and lighting.
7.3 The rent of the Accommodation from Top‑Chalets does not include the following compulsory costs:
a) Hiring bed linen and towels;
b) Final cleaning;
c) Reservation costs;
d) Occupancy tax/tourist tax
Top-Chalets charges these costs in advance to the Hirer.
7.4 If a deposit is required for the Accommodation, the Hirer must pay the deposit in advance and no later than together with the last down payment.
7.5 The deposit will be retransferred one week after the departure from the Accommodation to the account number stated by the Hirer, provided that no defects or damage has arisen during the stay in the Accommodation.
7.6 Any defects in the Accommodation must be reported to Top-Chalets immediately on arrival.
Article 8. Cancellations, termination and changes
8.1 If the Hirer cancels an accepted Booking, the Hirer will owe the following cancellation charges:
a) in the event of cancellation up to 6 weeks prior to the commencement of the rental period, 50% of the total Principal Sum.
b) in the event of cancellation within 6 weeks prior to the commencement of the rental period, 100% of the total Principal Sum.
c) In the event of premature departure from the Accommodation, the Hirer will continue to owe the total Principal Sum and he will not have any right to refund.
8.2. In the event of cancellation the Hirer will not have any right to refund of the compulsory costs as described in article 7.3 under b and c. If the cancellation has been reported at least 7 days before the rental period, the Hirer will have the right to (partial) refund of the compulsory costs as referred to in 7.3 under a and under d.
8.3 Partial cancellation, whereby less Hirers will be staying in the Accommodation than as stated, is not possible. The Accommodation is let per rental period regardless of the number of persons that stay in the Accommodation. The Hirer can have the right to refund of the compulsory costs as described in article 8.2.
8.4 The Hirer can transfer his Booking to another person, provided that he informs Top-Chalets of this in writing and in a timely manner. In that case Parties will jointly make arrangements regarding how the transfer will be dealt with.
8.5 The person to whom the Booking is transferred must conform completely and without any exception to the terms and conditions attached to the Booking. The Hirer and the person to whom the Booking is transferred will be jointly and severally liable for the fulfilment of all obligations attached to the Booking.
8.6 Top-Chalets has the right to cancel or to terminate the Booking (or the agreement) due to weighty circumstances. Weighty circumstances are in any event taken to mean circumstances that are of such a nature that further binding of Top-Chalets to the Booking cannot be required in all reasonableness, or as the case may be if there is force majeure.
8.7 The Hirer will always make his cancellation apparent in writing.
Article 9. Liability
9.1 Insofar as permitted by law, Top-Chalets will not be liable for any damage that has arisen for the Hirer or for third parties, unless there is gross negligence or an intentional act on the part of Top-Chalets. The liability of Top-Chalets for indirect damage including, but not limited to, consequential loss, lost profit, lost savings and loss due to business interruption, is excluded.
9.2 If Top-Chalets is nevertheless liable, the liability will be in any event limited to the amount of the invoice amount, or as the case may be, if and insofar as there is insured damage, to the amount of the sum actually paid under the insurance.
9.3 Top-Chalets is in any event never liable for:
a) Theft, loss, or damage, in whatsoever form, during or resulting from a stay in one of the Accommodations.
b) The incorrect functioning or non-functioning of technical equipment in the Accommodations.
c) Photos, leaflets and other information material issued under the responsibility of third parties.
d) Inaccuracies (errors or mistakes) in the brochure, webpage, or other notifications.
9.4 The Hirer is jointly and severally liable for all loss and/or damage to the Accommodation and the furniture and equipment thereof, regardless of whether this is the result of acts or omissions of the Hirer or of third parties who are situated in the Accommodation with permission from the Hirer. The Hirer will indemnify Top-Chalets against any claims of the owners or other third parties related to such loss or damage.
9.5 In the event of any conflict concerning the cause or the amount of any loss or damage as described in article 9.4. Top-Chalets will be entitled to draw up (have drawn up) a claim report, which will be the guiding principle for establishing the cause and amount of the loss or the damage.
Article 10. Complaints
10.1 Complaints during the stay must be submitted in writing to Top-Chalets no later than within 24 hours, in order for Top-Chalets to be able to take suitable measures. If a complaint is not dealt with satisfactorily, the Hirer must report this to Top‑Chalets no later than within two weeks after his stay. In that case the complaint will be assessed once again.
10.2 If the Hirer does not adhere to the periods as described in this article, Top-Chalets will not be obliged to accept the complaint for dealing with.
Article 11. Force majeure
11.1 Top-Chalets can rely on force majeure, consisting of a non-attributable shortcoming, as a result of which Top-Chalets cannot fulfil its obligations vis-à-vis the Hirer. All obligations of Top-Chalets will be suspended for the duration of the force majeure situation.
11.2 Force majeure is in any event taken to mean; storm, floods, extreme weather conditions, fire, strike actions, terrorism, or advice against travelling.
11.3 In the event of force majeure Parties will make new arrangements within a reasonable period regarding the delivery or cancellation of the Service.
Article 12. Applicable law
12.1 The law of the Netherlands exclusively applies to the Booking and these General terms and conditions.
12.2 The Vienna Sales Convention does not apply to the Agreement or these General terms and conditions.
12.3 If a dispute arises between Parties, they will make reasonable efforts to jointly resolve the dispute. If Parties cannot reach a solution, the dispute will be submitted to the court with competent jurisdiction for this purpose in The Hague.