Legal
Terms and Conditions
The terms that apply when booking and staying at Villa de Musschenberg.
Definitions
- (Main) Tenant: a (natural) person who rents or wishes to rent a Holiday Home from the offering of VILLADEMUSSCHENBERG.NL.
- Co-tenant: the person who stays in the holiday home together with the (main) Tenant.
- Manager: the person who carries out management tasks for the holiday home on behalf of the owner.
- Consumer: a natural person who rents a holiday home and does not act in the exercise of their profession or business.
- Third parties: any other (legal) person other than VILLADEMUSSCHENBERG.NL or the Tenant.
- Owner: the rightful owner of a holiday home (or their representative) who has offered the holiday home for rental via VILLADEMUSSCHENBERG.NL.
- Booking: a reservation of a holiday home accepted by VILLADEMUSSCHENBERG.NL.
- Agreed price: the fee owed by the (main) tenant for the stay, as stated at the time of booking.
- Holiday home: one of the two apartments offered for rental by VILLADEMUSSCHENBERG.NL as holiday accommodation.
- Stay: the actual use of holiday accommodation. Additional provision: the stay is for recreational purposes and therefore not for permanent residence.
- Stay period: a predetermined period, no longer than three months, as stated and confirmed at booking.
- Cancellation: the written termination by the (main) tenant of the agreement before the start of the stay.
- Invoice: agreement for the stay including the financial obligations and particulars.
- Lessor: VILLADEMUSSCHENBERG.NL acting on behalf of René van der Wal, private individual.
Applicability of the Terms and Conditions
These terms and conditions apply to all offers and quotations from, agreements with, deliveries and services of VAKANTIEHUIS-NIJMEGEN.NL. Deviating stipulations, agreements or arrangements only apply if and insofar as these have been confirmed in writing by VILLADEMUSSCHENBERG.NL.
These terms and conditions apply exclusively to legal relationships between VILLADEMUSSCHENBERG.NL and consumers, and not to legal relationships between VILLADEMUSSCHENBERG.NL and businesses or persons acting in the exercise of their profession.
Right of withdrawal
VilladeMusschenberg.nl points out that reservations you make are legally final. The right of withdrawal does not apply to services concerning travel agreements as provided by VilladeMusschenberg.nl.
Prices and rates
- Prices include VAT and the cost of damage insurance but exclude the cost of cancellation and travel insurance and any other costs.
- Special additional costs such as energy costs, cleaning costs and local charges set by or on behalf of the government are stated separately. Local levies are set out on the invoice and are settled with the deposit.
- The prices and rates in force at any given time are stated exclusively on the website of VAKANTIEHUIS-NIJMEGEN.NL.
Payment
VILLADEMUSSCHENBERG.NL always has the right to require security for payment both before and after the conclusion of the rental agreement, suspending the execution of the rental agreement until security has been provided; all this without prejudice to the right of VILLADEMUSSCHENBERG.NL to performance, compensation and/or full or partial cancellation, all without any judicial intervention and without VILLADEMUSSCHENBERG.NL being liable for any compensation.
After placing a reservation, the customer receives confirmation from VILLADEMUSSCHENBERG.NL of the final booking. After receipt of this final booking, an immediate down payment of at least 30% of the total cost of the agreed price is due to VILLADEMUSSCHENBERG.NL, plus the premium for (cancellation) insurance, if requested by the customer.
- The deposit must be paid no later than two weeks before arrival.
- The deposit is at least € 500 per stay. The lessor may deviate from this on their own initiative or by agreement.
The remaining part of the agreed price must be paid no later than six weeks before departure. For bookings less than six weeks before the start of the stay period, the full amount must be paid at once.
For payment by giro or bank transfer, the date of payment is the day the amount is credited to the bank account of VAKANTIEHUIS-NIJMEGEN.NL.
If the (remaining) amounts due are not paid in full, even after a payment reminder, VILLADEMUSSCHENBERG.NL has the right to cancel the travel agreement and calculate compensation in accordance with the cancellation clause. The cancellation of the agreement means that VILLADEMUSSCHENBERG.NL will withdraw the agreement and release the holiday home for other customers to reserve.
This means that VILLADEMUSSCHENBERG.NL will no longer give any guarantee that the home will still be available, even in the event of late payment. The customer cannot claim that late payment gives a right to the reservation of the holiday home, and accepts the risk that the holiday home is no longer available.
As soon as VILLADEMUSSCHENBERG.NL has received the full amount from the customer, VILLADEMUSSCHENBERG.NL will send the customer the stay ticket and any other travel documents (digitally).
Regarding the deposit
After the end of the stay in the holiday home, the additional costs such as any service and cleaning costs are settled, and any damage found or missing items in or on the holiday home are settled with the deposit, and the remainder of the deposit is refunded to the Tenant.
VILLADEMUSSCHENBERG.NL aims to refund (the remainder of) the deposit within 14 days after the end of the stay. For the refund, the tenant must provide their full address and bank details (account number, IBAN and BIC code) to the owner or the manager.
Rights and obligations of the Tenant at the holiday home
Unless otherwise stated in the agreement or on the invoice, the Tenant must collect the keys of the holiday home from the Owner or Manager between 4.00 pm and 6.00 pm upon arrival at the stay address. For arrival outside the stated time, the tenant must arrange an appointment with the owner or manager themselves.
Unless otherwise stated on the invoice, the Tenant must have vacated the holiday home by the time indicated in the rental agreement at the latest. VILLADEMUSSCHENBERG.NL is never responsible for the consequences of departure later than the indicated time. In case of departure later than indicated on the invoice, the Tenant must pay an additional rental amount per day.
The Tenant must behave as a good tenant and use the holiday home in accordance with the reasonable instructions for use given by VILLADEMUSSCHENBERG.NL or the owner/manager. Nuisance due to the consumption of alcoholic beverages, group formation and/or other disruptive behaviour is not tolerated and may lead to interim termination of the rental agreement.
The (main) tenant guarantees that the information provided when booking is correct and complete. Providing incomplete or incorrect information may lead to the cancellation or termination of the rental agreement.
The (main) tenant is legally liable for damage caused by them or their co-tenants to the holiday home or the items present therein. Any damage must be reported immediately by the Tenant to the Owner or the Manager. If damage is found beforehand, this must also be reported immediately, otherwise this damage will be regarded as caused by the (main) tenant. Repair or replacement costs are settled with the paid deposit. If the costs are greater than the deposit, the tenant will be charged by means of an additional invoice.
- On departure, the Tenant must leave the holiday home in a proper state – i.e. broom-clean. The items present in the holiday home must always be returned to their original place (as found on arrival).
- Crockery must be washed up and stored in its designated place.
- No food or the like should remain: the lessor is entitled to charge costs for its removal and disposal.
- The Owner/Manager is entitled to carry out a final inspection at the time of departure. If the Owner/Manager finds that (several) items have not been returned to their original place or that the holiday home is not broom-clean, the Owner/Manager is entitled to charge the Tenant additional (cleaning) costs.
- The Tenant must use bed linen on the beds and is not entitled to use beds without sheets.
Cancellation by the customer, rebooking, replacement of persons
1.1 Cancellation/rebooking by the tenant
The customer can cancel the booking at any time before the day of arrival. The moment of receipt of the cancellation at VAKANTIEHUIS-NIJMEGEN.NL is decisive for the cancellation. The customer is advised to cancel in writing, stating the invoice number.
If the customer withdraws from the agreement, VILLADEMUSSCHENBERG.NL may calculate compensation for the booking insofar as this is not covered by the cancellation insurance. When calculating the compensation, account is taken of the reserved rent and the possible use and other services of the reservation.
The amount of the cancellation costs is:
- For cancellation from two weeks after the time of booking up to six months before the start of the stay period: 50% of the travel sum;
- In case of cancellation from six to three months before the start of the stay period: 90% of the travel sum.
- In case of cancellation within three months before the start of the stay period: 100% of the travel sum;
- For later cancellation or no-show, the full price is charged.
In addition to the above cancellation costs, in the event of a cancellation the customer must pay the booking costs of EUR 30.00.
Rebooking is possible up to three months before the start of the stay. The rebooking costs are 75 euros and are settled with the deposit. If rebooking takes place within three months to 1 month before the start of the stay, the rebooking costs at weekends are 50% of the total price. And for midweeks 20%. Rebooking 1 month before the start of the stay is 75% of the agreed total price.
1.2 Cancellation by the lessor
In cases of force majeure (due to serious external causes such as acts by third parties, severe weather, fire, etc.) or unforeseen circumstances rendering the space to be rented uninhabitable, the stay is cancelled by the lessor. All amounts paid up to that point are refunded to the tenant. In these cases the lessor takes no responsibility for any consequential damage to the tenant. Alternatives for the stay are also not arranged or provided by the lessor in these cases.
1.2.1 Corona: bookings made during and after the first coronavirus wave do not fall under force majeure, as there is no unforeseeability such as, but not limited to, any restrictive measures by the government. VILLADEMUSSCHENBERG.NL is therefore not obliged to refund and is also not liable for any (consequential) damage suffered.
2 Changes
In case of changes to the stay period or the chosen holiday home, insofar as this is possible, VILLADEMUSSCHENBERG.NL calculates the cancellation costs pro rata to the change according to the fee in the above clause Cancellation and rebooking costs, plus a fee of EUR 30.00. VILLADEMUSSCHENBERG.NL is not obliged to carry out the desired changes.
3 Replacements
The (main) tenant can request VILLADEMUSSCHENBERG.NL to be replaced by another person who takes over the rights and obligations under the travel agreement. To this end, the (main) tenant must notify VILLADEMUSSCHENBERG.NL in good time so that the necessary changes can be made.
VILLADEMUSSCHENBERG.NL may object to the takeover by another person if this third party does not meet the requirements for the stay or if statutory regulations or administrative requirements cannot be met. If another person replaces the customer, both this person and the (main) tenant are jointly and severally liable towards VILLADEMUSSCHENBERG.NL for the agreed price and the additional costs incurred. For the change of the person’s name, VILLADEMUSSCHENBERG.NL charges EUR 27.00.
Product description
VILLADEMUSSCHENBERG.NL guarantees the accuracy of the description of the holiday home, on the understanding that a deviation of 15% of the stated living area and distances is considered acceptable.
The description and impressions of the holiday home and the immediate surroundings, including facilities, furnishings, amenities and recreational possibilities, may, by their nature or due to interim changes or seasonal influences, differ slightly from the description on the website of VAKANTIEHUIS-NIJMEGEN.NL.
Complaints
A complaint can be reported by email to info@vakantiehuis-nijmegen.nl.
If a complaint, after consultation with the Owner/Manager and VAKANTIEHUIS-NIJMEGEN.NL, cannot be resolved on site to the Tenant’s satisfaction, the Tenant must send the complaint in writing (this can be done by means of a multilingual complaints form to be requested from the Owner/Manager), within 30 days after departure from the place of stay, to VILLADEMUSSCHENBERG.NL.
Force majeure
If measures are taken by the government such that performance of the rental agreement cannot be required, VAKANTIE-NIJMEGEN.NL is not liable for the damage suffered. It is advisable to take out travel or cancellation insurance for this.
Privacy
VILLADEMUSSCHENBERG.NL will always treat all personal data provided to it or made known to it in accordance with the provisions of the Personal Data Protection Act and guarantees that data provided is used nowhere other than for the stay and related matters (such as payment).
VILLADEMUSSCHENBERG.NL will report an eligible processing of personal data to the Data Protection Authority.
Emergency
In case of emergency, the tenant must first contact the official authorities:
- Police0900 8844
- Fire brigade0900 200 1822
- GP out-of-hours service0900 8880
- Acute emergency112