Article 1: Definitions
In these terms and conditions:
a. holiday accommodation: tent, folding camper, camping car, (mobile) caravan, bungalow, summer house, hiker's cabin and the like;
b. entrepreneur: Camping Osebos BV;
c. holiday maker: the person who enters into the agreement with the entrepreneur regarding the holiday accommodation;
d. co-creator: the person(s) also indicated on the agreement;
e. third: any other person, not being the holiday maker and/or his fellow holidaymakers;
f. agreed price: the fee that is paid for the use of the holiday accommodation; what is not included in the price must be stated on the basis of a price list;
g. costs: all costs for the entrepreneur that are related to the exercise of the recreation business;
h. information: written/electronic data about the use of the holiday accommodation, the facilities and the rules regarding the stay;
i. cancellation: the written termination of the agreement by the holiday maker, before the commencement date of the stay;
j. a dispute: if a complaint submitted to the entrepreneur by the holiday maker has not been resolved to the satisfaction of the parties.
Article 2: Agreement contents
1. For recreational purposes, ie not for permanent residence, the entrepreneur makes available to the holiday maker a holiday accommodation of the type or type that has been agreed, for the agreed period and the agreed price.
2. The entrepreneur is obliged to provide the holiday maker with the written information on the basis of which this agreement is also concluded in advance. If the information deviates significantly from the information provided when entering into the agreement, the holiday maker has the right to cancel the agreement without costs.
4. The holiday maker has the obligation to comply with the agreement and the associated information. He ensures that fellow holidaymakers and/or third parties who visit him and/or stay with him comply with the agreement and the associated information.
Article 3: Duration and termination of the agreement
The agreement ends by operation of law after the expiry of the agreed period, without notice being required.
Article 4: Price and price change
1. The price is agreed on the basis of the rates applicable at that time, which have been determined by the entrepreneur.
2. If, after the agreed price has been determined, additional costs are incurred as a result of a change in charges and/or levies, which relate directly to the holiday accommodation or the holiday maker, due to an increase in costs on the part of the entrepreneur, these can be charged to the holiday maker. will be charged, even after the conclusion of the agreement.
Article 5: Payment
1. The holiday maker must make the payments in euros, unless otherwise agreed, with due observance of the agreed terms.
2. If, despite a prior written reminder, the holiday maker does not or not properly fulfill his payment obligation within a period of two weeks after the written reminder, the entrepreneur has the right to terminate the agreement with immediate effect, without prejudice to the entrepreneur's right to full payment. of the agreed price.
3. If the entrepreneur is not in possession of the total amount due on the day of arrival, he is entitled to deny the holiday maker access to the holiday accommodation, without prejudice to the entrepreneur's right to full payment of the agreed price.
4. The extrajudicial costs reasonably incurred by the entrepreneur, after a notice of default, will be borne by the holiday maker. If the total amount is not paid on time, the legally determined interest rate on the outstanding amount will be charged after a written demand.
Article 6: Cancellation
1. If, due to whatever circumstances, the holiday maker cancels the agreement less than one week before the start date of the rental period, the holiday maker owes the entrepreneur compensation of 100% of the rental amount, excluding € 23, - at administrative costs.
2. If, due to whatever circumstances, the holiday maker cancels the agreement more than one week before the start date of the rental period, the holiday maker owes the entrepreneur a compensation of 5% of the agreed price, excluding tourist tax and administrative costs. € 23.
3. By canceling the booked stay, all promised rights expire.
Article 7: Use by third parties
1. Use by third parties of the holiday accommodation is only permitted if the entrepreneur has given written permission for this.
2. Conditions may be attached to the permission given, which must then be laid down in writing in advance.
Article 8: Premature departure of the holiday maker
The holiday maker owes the full price for the agreed rate period.
Article 9: Premature termination by the entrepreneur and eviction in the event of an attributable shortcoming and/or unlawful act
1. The entrepreneur can terminate the agreement with immediate effect:
a. If the holiday maker, fellow holiday maker(s) and/or third party(ies) do not or do not properly comply with the obligations under the agreement, the associated information and/or government regulations, despite prior written warning, and to such an extent that, according to the standards of reasonableness and fairness, the entrepreneur cannot be expected to continue the agreement;
b. If the holiday maker, despite prior written warning, causes nuisance to the entrepreneur and/or fellow holidaymakers, or spoils the atmosphere on or in the immediate vicinity of the site;
c. If the holiday maker, despite prior written warning, acts contrary to the purpose of the site by using the holiday accommodation.
2. If the entrepreneur wishes interim termination and eviction, he must let the holiday maker know this by personally handing over a letter. In that letter, the holiday maker must be informed of the possibility of submitting the dispute to the Disputes Committee. The written warning can be omitted in urgent cases.
3. After cancellation, the holiday maker must ensure that the holiday accommodation is vacated and the site is vacated as soon as possible, but at the latest within four hours.
Article 10: Laws and regulations
1. The entrepreneur ensures at all times that the holiday accommodation, both internally and externally, meets all environmental and safety requirements that (may) be imposed on the holiday accommodation by the government.
2. The holiday maker is obliged to strictly comply with all safety regulations applicable on the site. He also ensures that fellow holidaymakers and/or third parties who visit him and/or stay with him, strictly observe the safety regulations applicable on the site.
Article 11: Maintenance and construction
1. The entrepreneur is obliged to keep the recreation area and the central facilities in a good state of repair.
2. The holiday maker is obliged to keep the holiday accommodation and the immediate surroundings, during the term of the agreement, in the same condition as in which the holiday maker received it.
3. The holiday maker, fellow holiday maker(s) and/or third party(ies) are not permitted to dig, cut trees, prune shrubs or carry out any other activity of such a nature on the site.
Article 12: Liability
1. The legal liability of the entrepreneur for damage other than personal injury and death is limited to € 300,000 per event. The entrepreneur is obliged to take out insurance for this.
2. The entrepreneur is not liable for an accident, theft or damage on the site, unless this is the result of a shortcoming attributable to the entrepreneur.
3. The entrepreneur is not liable for the consequences of extreme weather influences or other forms of force majeure.
4. The entrepreneur is liable for disruptions in the utilities, unless he can invoke force majeure.
5. The holiday maker is liable towards the entrepreneur for damage caused by the actions or omissions of himself, the fellow holiday maker(s) and/or third parties, insofar as it concerns damage caused to the holiday maker, the fellow holiday maker. (and) and/or third party(s) can be attributed.
6. The entrepreneur undertakes to take appropriate measures after reporting by the holiday maker of nuisance caused by other holidaymakers.
Article 13: Dispute settlement
1. The holiday maker and the entrepreneur are bound by the decisions of the Disputes Committee.
2. Dutch law applies to all disputes relating to the agreement. Only the Disputes Committee or a Dutch court is authorized to take cognizance of these disputes.
3. In the event of a dispute about the conclusion or implementation of this agreement, the dispute must be submitted to the entrepreneur in writing or in another form to be determined by the Disputes Committee no later than 12 months after the date on which the holiday maker submitted the complaint to the entrepreneur. If the entrepreneur wishes to submit a dispute to the Disputes Committee, he must ask the holiday maker to make a decision within five weeks whether or not he wishes to come to the Disputes Committee. In doing so, the entrepreneur must announce that he will consider himself free to bring the dispute before the court after the expiry of the aforementioned period. In those places where the conditions refer to the Disputes Committee, a dispute can be submitted to the court. If the holiday maker has submitted the dispute to the Disputes Committee, the entrepreneur is bound by this choice.
4. For the handling of disputes, reference is made to the Recreation Disputes Committee Regulations. The Disputes Committee is not authorized to deal with a dispute relating to illness, injury, death or non-payment of an invoice that is not based on a material complaint.
5. A fee is payable for the handling of a dispute.