Rental and Booking conditions WeTravel Curaçao
Article 1 - Terms:
Owner: The natural or legal person who rents out the accommodation to the tenant.
Tenant: A natural person or legal entity who instructs a mediator to conclude a (rental) agreement between tenant and owner.
Agreement: the signed booking form. This is established after mediation with the Mediator.
Mediator (WeTravel Curaçao): the private company “WeTravel Curaçao B.V.” who mediates as a rental agent on behalf of the Tenant in the formation of the Agreement between the Owner and the Tenant with regard to the rental of an accommodation, and acts as the Owner’s authorized representative. WeTravel Curaçao is not itself a party to this Agreement.
Manager: the natural person who represents the Owner on site
and on behalf of the Owner responsible for the check-in (including key transfer) and check-out of the Tenant.
Third parties: (legal) persons/parties other than the Mediator, Owner or Tenant.
Accommodation: the relevant rented accommodation on Curaçao, including the lot and all items and inventory belonging to the relevant accommodation, as described on the website of WeTravel Curaçao.
Booking form: the form on which all details of the Tenant and Co-tenants, the rental period, the total rental price and possibly. desired additional services are listed.
Co-tenant: persons who stay in the accommodation together with the (main) Tenant.
Article 2 - Applicability:
2.1 The rental and booking conditions apply to all bookings made through WeTravel Curaçao. This also includes all offers, reservation requests and agreements that are agreed with WeTravel Curaçao. It is only possible to deviate from rental and booking conditions if the parties have agreed otherwise in writing.
2.2 In the event that the Owner has additional rental conditions of its own, these will be made available to the Tenant by the Mediator.
Article 3 - Reservation & Agreement
3.1 The Agreement between the Owner and the Tenant is concluded when the Tenant receives the completed Booking Form submitted by the Mediator (by e-mail) from the Tenant.
3.2 In consultation with the Owner, the Mediator is entitled to refuse the reservation on the basis of age and/or group composition. Additional conditions can also be set in consultation with the Owner.
3.3 No right of withdrawal applies to this Agreement, as the statutory right of withdrawal is not valid when booking travel via the internet.
3.4 When returning the completed Agreement, the Tenant declares to agree with the Rental and booking conditions as sent by the Mediator and/or which can be found on the website of the Mediator: www.wetravelcuracao.com
Article 4 - Payment of rent
4.5 If a booking is made less than 8 weeks before the booking period, the Tenant is obliged to pay the entire rent immediately.
4.6 If the down payment has not been paid by the Tenant within the set period, the Tenant is in default and the Agreement will be cancelled, unless agreed otherwise in writing in consultation with the Mediator. In that case, the tenant owes the cancellation costs as described in Article 6.
4.7 The Tenant will only be granted access to the Accommodation after full payment of the rent.
4.8 Until the moment that the entire rent has been paid, the Tenant is jointly and severally responsible and liable for payment of the entire rent.
4.5 Indien een boeking korter dan 8 weken voor de boekingsperiode gedaan wordt, is Huurder verplicht om de gehele huursom direct te voldoen.
4.6 Indien de aanbetaling niet binnen de gestelde termijn is voldaan door Huurder, is Huurder in verzuim en wordt de Overeenkomst geannuleerd, tenzij schriftelijk anders overeengekomen in overleg met Bemiddelaar. Huurder is in dat geval de annuleringskosten verschuldigd zoals beschreven in artikel 6.
4.7 Pas na volledige betaling van de huursom wordt Huurder toegang verleent tot de Accommodatie.
4.8 Tot het moment dat de gehele huursom is voldaan is de Huurder hoofdelijk verantwoordelijk en aansprakelijk voor betaling van de gehele huursom.
Article 5 - Deposit
5.1 The deposit is included as a separate cost item in the total rent and must be paid in advance.
5.2 The Mediator is only an intermediary and will only refund the deposit after permission from the Owner. If the Owner refuses to refund the (full) deposit, the Mediator will inform the Tenant of this. The Owner is obliged to give permission to the Mediator for a refund of the deposit within 14 days after the end of the booking period.
5.3 The deposit will be refunded after deduction of any additional consumption of electricity and/or water, any costs and/or damages that are for the account of the Tenant.
5.4 The Tenant must check out with the Manager upon departure from the Accommodation. Damage must be reported by the Tenant to the Manager.
Article 6 - Cancellation & Change costs
6.1 If an Agreement is cancelled, the Tenant owes the following cancellation costs:
- In case of cancellation up to the 56th day (exclusive) before the day of arrival: the down payment (being 25%)
- In case of cancellation from the 56th day (inclusive) to the 28th day before the day of arrival: 60% of the rent.
- In case of cancellation from the 28th day (inclusive) to the 7th day before the day of arrival: 90% of the rent.
- In case of cancellation from the 7th day (inclusive) to the day of arrival or after: 100% of the rent
6.2 If the Tenant wishes to change the rental period or other conditions of the Agreement, the explicit permission of the Owner is required. € 30.00 will be charged to the Tenant for each change. If permission is not granted by the Owner and the Tenant wishes to cancel the Agreement, the provisions of Article 6.1 regarding cancellation apply.
6.3 A request to cancel or change the Agreement must be made in writing to the Mediator, who will process the request on behalf of the Owner.
Article 7 - Liability Tenant & Owner
Liability Tenant
7.1 During his stay in the Accommodation, the Tenant has a duty of care and is expected to act as may be expected from a good tenant.
7.2 During his stay, the Tenant is liable for all loss and/or damage that arises for the Owner during the rental period of the Accommodation as a result of the Tenant’s stay, regardless of whether this damage was caused by acts or omissions of the Tenant, Co-tenants or Third Parties.
7.3 Damage must always be reported to the Manager, even if it has already been repaired by the Tenant itself.
Liability Owner
7.4 The Owner is under no circumstances liable for:
– Theft, damage or loss of personal belongings during the rental period of the property
– Accidents in and around the home
– Accidents in and around the swimming pool
– Temporary failures of equipment in and around the home and temporary failures in power or water supply
– Force majeure of any kind
– Nuisance from activities outside the rented plot (including construction activities near the accommodation)
7.5 Damage as a result of loss or theft must be recovered by the Tenant from its own travel insurance.
7.6 In the event of intent or gross negligence on the part of the Owner, the Owner is liable up to the amount of the basic rent.
Article 8 - Insurance
8.1 The Mediator strongly advises Tenants to take out travel and cancellation insurance for your booking, as well as liability insurance.
8.2 The Owner has insured his accommodation and contents. Property of Tenants is not insured.
Article 9 - Swimming pool
9.1 The Owner can never be held liable for damage suffered in the event of accidents in and around the swimming pool offered at the Accommodation.
9.2 Children may only use the swimming pool under the supervision of an adult, whereby it is mandatory that the child(ren) use a life jacket. If security is in place, it should never be seen as a substitute for parental supervision of their children
9.3 The Tenant is not permitted to operate the technical installation of the swimming pool himself. If there are problems with the swimming pool, the Tenant must call in the Manager
9.4 The Owner is not liable for any damage suffered by the Tenant due to the improper functioning of the swimming pool.
Article 10 - House rules
10.1 Insofar as internal regulations apply in the Accommodation, the Tenant must follow the provisions of these regulations. The Owner ensures that the internal regulations are available to the Tenant.
10.2 Upon departure, the Tenant is expected to remove/clean up the dirt himself, to clean the barbecue and to deliver the Accommodation broom clean.
10.3 If the Accommodation is left seriously soiled, the Owner will charge extra cleaning costs. These costs will be deducted from the deposit.
10.4 The Accommodation is exclusively intended as a holiday accommodation. The tenant must take into account the (traffic) rules applicable at the resort or in the district.
10.5 It is not allowed to smoke indoors. Any ashtrays present are only intended for outdoors or on your balcony or terrace.
10.6 Pets are not allowed in the Accommodation unless prior written permission has been granted by the Mediator.
10.7. If pets are allowed as stated in Article 10.6, the Tenant is liable for any damage caused by pets brought along.
10.8 In the event that the Tenant has brought (a) pet(s) without permission, a fine of €200 per pet per day may be charged afterwards.
10.9 The number of persons specified in the booking form may not be exceeded, unless expressly agreed in advance in writing or by e-mail with the Mediator.
10.10. If, without the consent of the Mediator, more persons than stated in the Accommodation spend the night or stay on the associated site, the Tenant is automatically in default of its obligations in the Agreement and is liable for damages.
10.11. The damage suffered by the Mediator as a result of a violation of Article 10.10 is determined in advance at €200 per person per day, for the number of persons that exceeds the maximum number of permitted Tenants. This provision is a penalty clause and applies without prejudice to the right of the Owner to still demand compliance and/or (additional) compensation of any nature whatsoever.
10.12 Most accommodations are equipped with an alarm system. It is mandatory to activate it as soon as the Accommodation is vacated. If the alarm is not activated at the time of a burglary, the Tenant is liable for the damage suffered.
Article 11- Arrival, departure and minimum stay:
11.1 The Tenant may arrive or depart any day and may move into the Accommodation on the start date of the booking period, from the check-in and check-out times stated on the Mediator’s website. This may be deviated from in consultation with and after written permission from the Mediator.
11.2 On the day of arrival, the tenant must always contact the Manager by telephone 30 minutes in advance to report the expected time of arrival so that the Manager can ensure that he/she is on time for check-in.
11.3 A later check-out is possible in consultation if the Accommodation is not rented out on the same day. This is always done in consultation with the Manager.
Article 12 - Information obligation
12.1. Before entering into the Agreement, the Tenant will provide the Mediator with the necessary information. This includes the correct person and contact details of the Tenant and Co-tenants. If the Tenant fails to fulfill its obligation to provide information, any negative financial consequences arising from this will be for the Tenant.
12.2. The Tenant is responsible for being in possession of the correct travel documents that are required for the trip.
12.3. If the Tenant is not required to cancel the trip due to the lack of correct documentation, all associated consequences will be borne by the Tenant
Article 13 - Dissolution of the Agreement
13.1. The Owner is entitled to dissolve the Agreement immediately in writing or by e-mail and to demand immediate evacuation of the Accommodation, if:
- The Tenant seriously neglects his duty of care for the Accommodation
- The Tenant accommodates more or other persons and/or animals in the Accommodation than permitted under the Agreement
- Tenant causes damage to the Accommodation
- Tenant causes nuisance
- The Tenant otherwise fails to fulfill its obligations as a good Tenant.
13.2 In such a case, the Tenant is not entitled to a refund of (part of) the Rental Fee, and the Tenant is obliged to compensate the damage suffered by the Owner as a result of the acts or omissions of the Tenant.
13.3. If the Owner is unable to deliver the Accommodation as a result of sale or circumstances that cannot be attributed to it, the Owner is entitled to dissolve the Agreement. The Tenant will then be refunded the rent, but is not entitled to any other compensation. In such a case, the Owner/Owner will make every effort to offer the Tenant an alternative that is as equivalent as possible for the same or a different period.
13.4. The Mediator may act on behalf of the Owner in the implementation of the above article points.
Article 14 – Liability and force majeure WeTravel Curaçao
14.1. The Mediator will observe the care of a good contractor in his work.
14.2. Without prejudice to the above provisions, the Mediator accepts no liability for acts and/or omissions of the Owner and/or service provider(s) involved, nor for the correctness of the information provided by this Owner and/or service provider(s). Mediator bears no responsibility for prepared and/or published photos, brochures, advertisements and websites.
14.3. Each holiday home/apartment has been carefully selected by the Mediator. The broker guarantees the accuracy of the description of the holiday home/apartment, taking into account that a deviation from the stated living area and distances are considered acceptable. The descriptions, the impressions, the furnishings of the holiday home/apartment and the immediate surroundings, including the facilities, facilities and recreational opportunities, may deviate from the description due to their nature or due to interim changes by the Owner, or due to seasonal influences and/or external factors. on the Mediator’s website (or in brochures). Interim changes to the interior (e.g.) of the holiday home/apartment by the Owner will not lead to the cancellation of the entire booking and trip free of charge. If the Tenant wishes to cancel or change the booking prematurely, the provisions of Article 6 of the Rental and Booking Conditions of the Mediator will apply.
14.4. The photos shown at the Accommodation only serve to give an impression of the rented property. Because not every Accommodation is the same, it is possible that the Accommodation obtained on site differs from the photo(s). The Mediator can never be held liable for this. Mediator reserves the right to change prices and arrangements without the permission of the tenant if the situation requires it. Any errors in a brochure, advertisement, etc. will be corrected on the Mediator’s website, so that the Tenant can always find the most up-to-date information there.
14.5. Insofar as the Mediator itself acts culpably and the Tenant suffers damage as a result, the liability of the Mediator is limited to a maximum of 10% of the amount already invoiced and paid by the Tenant.
14.6. The Mediator is not liable for damage against which the Tenant is insured.
14.7 The broker is not liable for any malfunctions in technical installations/equipment in the
holiday home/apartment/resort.
14.8 The exclusions and limitations of liability included in this article 14 also apply to the staff of the Mediator and/or the Third Parties engaged by it.
14.9 The Mediator and the Owner cannot be held liable for force majeure.
Article 15 - Complaints
15.1. A complaint about the Accommodation must always be reported directly by the Tenant to the Mediator within 24 hours after it has arisen, so that the Owner is able to address the complaint. The Tenant must always give the Owner the opportunity to repair any defects and to allow access to the Accommodation for this purpose.
15.2. If the complaint is not satisfactorily addressed, the Tenant can submit the complaint in writing to the Mediator within one week after the end of the rental period, stating all relevant information and accompanied by evidence (videos/photos).
15.3. The Mediator will pass the complaint on behalf of the Tenant to the relevant Owner. In a situation as referred to in Article 15.2, the Mediator will contact the Owner and mediate between the Tenant and the Owner/Owner in order to reach a reasonable settlement. For the Mediator this is only a best efforts obligation.
15.4. If no reasonable solution to the complaint is reached between the Tenant and the Owner, the Mediator will, at the request of the Tenant, make the available information of the Owner known to him/her in order to enable the Tenant to file a claim for compensation against the Owner.
15.5. In the event of early departure (without consultation and prior written agreement with the Owner) from the Accommodation, the total Rental Amount remains due and this releases the Owner from any form of compensation.
15.5 Bij vroegtijdig vertrek (zonder overleg en voorafgaande schriftelijke overeenstemming daarover met Verhuurder) uit de Accommodatie, blijft de totale Huursom verschuldigd en ontslaat dit Verhuurder van iedere vorm van schadeloosstelling.
16 – Final Provisions
16.1. If the Owner or Mediator does not invoke one or more provisions of these Rental and Booking Conditions in any case, or deviates from them, this does not mean that he will no longer be able to rely on these Conditions in the following cases.
16.2. Dutch law applies to all offers, agreements and the implementation thereof, including the Agreement, to which the Terms and Conditions relate in whole or in part.
16.3. Disputes arising from the Rental and booking conditions and/or the Agreement, including the sole collection of the amount due, will, insofar as the law permits, be brought before the competent court in the Netherlands.