General terms and conditions
1. These general terms and conditions apply to all bookings with Provence Villas. If and to the extent that different conditions apply to bookings of certain holiday homes, those different conditions prevail.
2. The lessee should understand that Provence Villas rents out holiday homes of private third parties (hereinafter referred to as: ´the lessor´) and must act and behave accordingly in all situations.
3. The rented property/the holiday accommodation is understood to be the relevant holiday home including its premises, other structures, swimming pool(s), inventory, tools, and all (movable) property belonging to the premises.
4. The lessee (hereinafter referred to as: ´the lessee´) is understood to be the person who enters into a rental agreement with Provence Villas. The lessee is also understood to be the person who enters into a rental agreement with Provence Villas on behalf of the lessee.
2. Booking and payment
1. Provence Villas reserves the right to change the specified prices, provided a period of 7 months or more expires between the moment of booking and the start of the booked holiday period.
2. The rental agreement is concluded as soon as the booking form (via Internet) has been received by Provence Villas (or if the booking is done via telephone) and the booking has been confirmed by Provence Villas by means of a confirmation and invoice via e-mail, under the dissolving condition that the lessor indicates within 24 hours after receipt of the booking form - for any reason whatsoever - that rental is not possible during that particular period. If and insofar this dissolving condition is invoked by Provence Villas and the lessee suffers damages as a result, Provence Villas shall not assume any liability for this, unless the damage is the result of intent or deliberate recklessness by Provence Villas.
3. A confirmed booking is final and cannot be revoked. The Dutch Distance Selling Act, and in particular the reflection period of 14 days given therein, does not apply to travel booked via the Internet. This law makes an exception for the tourism industry due to the specific nature of the services provided, in line with the European Directive on distance selling, which also makes an exception for services relating to accommodation, transport, catering, and leisure.
4. Bookings are from changeover days to changeover days, unless otherwise agreed.
5. Provence Villas will charge a one-off booking fee of € 30.00 (incl. VAT).
6. All bookings via Provence Villas automatically include an Accommodation Damage Insurance.
7. The specified rental rates are per week, unless otherwise stated or agreed.
8. No later than 8 days after receipt of the confirmation and invoice via e-mail, Provence Villas is to receive a deposit from the lessee, unless Provence Villas and the lessee have made other arrangements. This deposit amounts to 30% of the total rental price, the booking fee(s), and the insurance costs.
9. The remaining 70% of the total rental price, the security deposit, and any additional costs must be transferred to the bank account of Provence Villas no later than 8 weeks before the rental period, unless Provence Villas and the lessee make other arrangements.
10. When booking (less than) 8 weeks before the rental period, the total rental price, including booking costs, insurances, the security deposit, and any additional costs must be paid at once (possibly via telephone transfer).
11. In case of late payment of the amounts due, the lessee is automatically in default. Provence Villas will then send the lessee a written notice. If the amount due is not paid to Provence Villas within 7 days after the date of notice, the rental agreement shall be considered cancelled, in which case Provence Villas is entitled to charge the cancellation fee as described in Article 5 of these terms and conditions.
12. After full payment of the rental price, the lessee shall receive the travel documents via e-mail, including the address of the holiday accommodation, the information of the manager/the service office which will hand over the key, general information, and further agreements and circumstances (such as bed linen (bring your own or rental), final cleaning, security deposit, etc.), approximately 4 weeks before the start of the rental period.
3. Changes by the lessee
1. If the lessee wishes to make changes to the concluded rental agreement, this requires the express written consent of Provence Villas. Under no circumstances will changes be possible from and within the period of 4 weeks before arrival. For every change to an already made (and/or confirmed) booking, Provence Villas charges a fee of € 50.00 (incl. VAT).
2. If the lessee wishes to change the booking within 4 weeks before arrival, the cancellation provisions of Article 5 apply.
4. Changes by Provence Villas
1. Provence Villas reserves the right to make changes to the rental agreement due to significant circumstances, which includes circumstances in which fulfilment of the agreement by Provence Villas cannot be reasonably expected, such as (but not limited to) the sale of the rental property and the holiday accommodation being no longer available for rent due to an unforeseen event, as well as change the rental agreement due to force majeure, which in any case includes (but is not limited to) war, strike, natural disaster, extraordinary weather conditions, and death of the lessor. In such a case, Provence Villas is entitled to offer the lessee a different holiday accommodation of equivalent quality and price without thereby failing to fulfil its obligation. If no other, equivalent holiday accommodation can be offered, the rental price paid shall be refunded.
2. Provence Villas assumes no liability for other, additional, and/or delay damages, unless the damage is the result of intent and/or deliberate recklessness by Provence Villas.
1. If the lessee wishes to cancel the rental agreement, cancellation costs will be charged in addition to the booking fees and the costs of the cancellation insurance (if applicable), which shall not exceed the amount of the rental price.
2. The lessee must cancel during office hours. If cancellation occurs outside office hours, the cancellation is considered to have taken place on the next business day (Mondays through Fridays).
3. Provence Villas is entitled to cancel the rental agreement if the lessee is in default and/or otherwise in the cases described in these general terms and conditions.
4. Upon cancellation before the period of 8 weeks before commencement of the stay, the lessee owes an amount equal to 30% of the total rental price.
5. Upon cancellation within the period of 8 weeks before commencement of the stay, the lessee must pay the full rental price.
6. In case of premature termination of the stay, the full rental price is still due.
6. Travel insurance, Accommodation Damage insurance, and cancellation insurance
1. All bookings via Provence Villas automatically include an Accommodation Damage Insurance.
2. Directly while booking, the lessee can take out an all-risk cancellation insurance via Provence Villas in collaboration with Europeesche Verzekeringen. The lessee can also take out a separate travel insurance via Provence Villas.
3. The premium of the all-risk cancellation insurance amounts to 7% of the rental price, plus insurance tax and handling fees.
4. The premium of the Accommodation Damage insurance amounts to 1.5% of the rental price, plus insurance tax and handling fees. Any damage to the inventory is covered up to € 2,500.00 per rental agreement. In order to be eligible for compensation through this insurance, you are required to inform us of any damage no later than the day of your departure. The omission of this notification automatically means that any compensations are void, which means the security deposit will automatically be addressed.
7. Additional costs
1. The rental price includes the costs of normal use of water and electricity, unless stated otherwise. In those cases where pool heating or air conditioning are available, a surcharge for use may apply.
2. The rental price does not include the booking fees, insurances, security deposit, any additional costs and services such as the rental of bed linen and towels, and the costs of the final cleaning, unless stated otherwise.
3. A cot is available on request (if present). A surcharge may apply for this.
8. Arrival and departure
1. The arrival and departure day of the holiday accommodation is Saturday or Sunday, unless otherwise stated or agreed.
2. The arrival time for the holiday accommodation is from 16.00 PM. The applicable departure time is before 10.00 AM.
3. If the lessee arrives after 19.00 PM, they must contact the manager of the holiday accommodation or the Provence Villas service office via telephone as soon as possible, but in any case, before this time. Arrival after 21.00 PM is usually not possible. In some cases, arrival after 21.00 PM is possible if a reasonable charge is met. Provence Villas has no influence over this and is not liable for any damages if arrival after 21.00 PM is not possible.
9. Number of persons
1. The maximum number of persons agreed on the rental agreement and/or booking form may not be exceeded unless expressly agreed in advance with Provence Villas in writing or via e-mail. In such a case, Provence Villas is entitled to charge additional fees. If more people stay overnight in the rented holiday accommodation and/or camp on the associated grounds than is agreed without the permission of Provence Villas, the lessee is automatically in default with regard to their obligations under the rental agreement and is liable for damages.
2. Provence Villas and the lessee agree that the compensation for any damages suffered by Provence Villas as a result of violations of the prohibitions stated under paragraph 1 of this article shall amount to € 150.00 per person per day, for the number of persons by which the maximum number of persons permitted is exceeded. This provision applies as a penalty clause, and the right of Provence Villas to demand compliance and/or (additional) compensations of any kind whatsoever in addition to this applies without prejudice.
10. Final cleaning
1. Having the final cleaning done is usually compulsory for an additional fee, which will be listed with the information about the holiday accommodation on the Provence Villas website, in the booking confirmation, and on the invoice. Even in cases where the lessee pays a fee for the final cleaning, the lessee must leave the kitchen tidy and (wiped) clean upon departure. Garbage must be disposed of by the lessee upon departure.
2. The lessor and/or manager shall be entitled to withhold (part of the) security deposit as additional cleaning fees if the lessee is in default of the above.
11. Security deposit
1. In some cases, a security deposit is due upon arrival, which is refunded upon departure minus any additional costs (such as cleaning costs, rental of bed linen and towels) or any damages caused by the lessee. The amount of the security deposit is stated on the invoice. The payment and refunding of the deposit on site is between the lessor/manager and the lessee. Provence Villas accepts no liability for any damage resulting from ensuing problems.
2. With most holiday accommodations, Provence Villas shall accept the security deposit on behalf of the lessor. Even in that case, Provence Villas has no influence on the matter and is bound to make the security deposit available to the lessor upon request. After the rental period, the security deposit can only be refunded with the permission of the lessor, which permission must be given to Provence Villas by the lessor within a period of fourteen days. Failing this, Provence Villas can refund the security deposit on its own authority. Provence Villas accepts no liability within these frameworks.
3. If the lessee does not meet their obligation of paying the security deposit upon arrival, the lessor/manager is entitled to refuse the lessee access to the rented property until the security deposit is paid.
12. Swimming pools
1. Swimming pools are generally in use from late April to late September. Exceptions are possible, but Provence Villas accepts no liability for any resulting damages within that context.
2. Children under the age of 14 can only use the pool under supervision of an adult.
3. All swimming pools in France must be secured with a fence, lockable deck, or an alarm system. The lessor (and not Provence Villas) is responsible for providing the appropriate security.
4. Security should never be viewed as a substitute for parental supervision of children; Provence Villas and the lessor cannot be held liable for accidents in swimming pools.
5. The lessee is not permitted to operate the technical installation of the swimming pool. If there are problems with the pool (e.g. the pool turns green, the treatment installation or heating is not working properly), the lessee must promptly notify the manager of this, so that damage can be avoided.
1. Bringing pets to the holiday accommodation is only permitted if the lessor gives prior permission for this. If this permission is given, this will be explicitly stated in the booking confirmation the lessee receives from Provence. If the lessor charges (additional) fees for bringing pets, these (additional) fees will be charged to the lessee by Provence Villas.
2. In all other cases, bringing pets is not permitted and a penalty of €150.00 per pet per day may be charged retrospectively. In addition, Provence Villas reserves the right to claim compliance and/or (additional) compensation of any kind whatsoever.
3. If pets are permitted as stated in paragraph 1, the lessee is liable for any damage caused by brought pets. The lessee is responsible for ensuring that brought pets do not have access to bedrooms and swimming pools, and that pets are walked correctly and outside of the terrain of the holiday accommodation.
14. Other conditions
1. The lessee must behave as a good lessee in the rented property.
2. Smoking is not permitted inside the holiday accommodations.
3. The lessee is expected to (during their stay and upon departure) dispose of any garbage, bottles, paper, etc. and clean the barbecue and oven.
4. Insofar as there are rules of procedure in the holiday accommodation, the lessee must comply with these rules without exception.
5. The lessee who causes or may cause such nuisance or trouble that a proper implementation of a stay at the holiday accommodation is or may be hampered to a considerable extent can be excluded from (continuation of) the stay by Provence Villas, if Provence Villas cannot reasonably be expected to fulfil the rental agreement. Any resulting costs shall be borne by the lessee, if and insofar as they can be held responsible for the effect of nuisance or trouble.
6. If the lessee causes noise nuisance and the lessor receives complaints about this from surrounding residents, the lessee will be notified of this by the manager or Provence Villas. The lessee will then promptly adjust their behaviour. If the noise nuisance continues, a penalty may be charged retrospectively, or the lessee may be excluded from (continuation of) the stay by Provence Villas in accordance with paragraph 5 of this Article.
1. If damage to the holiday accommodation occurs due to and/or during the stay of the lessee, of any kind and scope whatsoever, and Provence Villas is liable to pay these damages and whatever additional damages to the lessor, then the lessee shall indemnify Provence Villas from these obligations.
2. If damage occurs to third parties due to or during the stay of the lessee in the holiday accommodation other than as stated in paragraph 1 of this Article, and Provence Villas is held liable for this damage and Provence Villas has damage liability within this context, the lessee shall indemnify Provence Villas from these obligations.
1. During its work, Provence Villas shall take into account the care of a good contractor.
2. Provence Villas assumes no liability for damage, injury, or inconvenience to/of the lessee as a result of and/or in connection with their stay in the accommodation. If there is intent or gross negligence by/of Provence Villas, then Provence Villas shall only assume liability to the extent the liability insurance of Provence Villas provides coverage and pays compensation for this.
3. If for any reason whatsoever, Provence Villas is liable for damages, then the amount of the payable compensation is limited to the amount of the rental price, unless the damage is the result of intent or gross negligence of Provence Villas.
4. Provence Villas never assumes liability for:
a) Photos, brochures, and other forms of information published under the responsibility of third parties.
b) Obvious mistakes or errors on its website or in other notices.
5. Provence Villas is not liable for damage resulting from defects in the rented property or inconveniences on site, except if these defects or inconveniences are as such that they relate to the essentials of the rental agreement, in which case the damage is limited to direct damage. Any form of consequential damage is excluded. The liability of Provence Villas is always limited to the amount of the rental price.
6. Provence Villas is not responsible for any promises made by its staff and/or third parties which expressly deviate from the conditions stated in these terms and conditions or in the terms and conditions of the responsible service provider, unless such promises are subsequently confirmed in writing.
7. The exclusions and limitations of liability contained in this Article shall also apply to the staff of Provence Villas and/or any third parties engaged by them.
8. Provence Villas is not liable for damages for which the lessee is insured, as well as damages caused to the lessee in the context of the exercise of a profession or business (including damages caused by missing connections or not arriving at their destination on time).
9. Provence Villas cannot guarantee the operation of an Internet connection/WiFi, even if it is stated that this is present in a holiday accommodation. The (temporary) absence or failure of an Internet connection/WiFi is not attributable to Provence Villas nor to the lessor.
10. The lessee is severally liable for any loss/damage to the rented property and the associated inventory, irrespective of whether this is the result of acts or omissions of the lessee or of third parties present in the holiday accommodation or on its grounds with the permission of the lessee. Damage to a holiday accommodation is attributable to the lessee, unless they can prove otherwise. Provence Villas stipulates in favour of the lessor by way of third party clause that the lessee is obliged to compensate the lessor for all damages to the holiday accommodation that occurred during their stay. It is important for the lessee to have a private liability insurance, as Provence Villas assumes that the lessee has this. The lessee indemnifies Provence Villas from the obligation to pay damages to the lessor for damage to the holiday accommodation resulting from or caused during the stay of the lessee. The same applies to damages caused to and to be paid to third parties. The lessee should note that damage to a holiday accommodation during the stay is attributable to the lessee unless they can prove otherwise.
11. Construction activities near the rented holiday accommodation cannot always be foreseen by Provence Villas. When choosing a holiday accommodation, Provence Villas tries to avoid construction nuisance for lessees as much as possible, but Provence Villas cannot always prevent new initiatives or changes plans. Therefore, it may occur that construction activities are taking place near the rented holiday accommodation. Provence Villas assumes no responsibility for such a situation. Provence Villas also assumes no liability for malfunctions and failures of electricity, gas, and water supplies.
17. Interest and collection costs
1. If a lessee fails to fulfil a financial obligation toward Provence Villas in time, they shall owe an interest sum of 1% of the total sum for each month or part of a month.
2. In addition, they are obliged to pay for all extrajudicial collection costs, with a minimum of € 50.00.
1. If there are questions, problems, or complaints about the rented holiday accommodation, the lessee must always immediately and directly contact the manager. If the manager does not resolve the complaint in a satisfactory manner, the lessee must inform Provence Villas of this within 24 hours and during the stay (during weekends, via the Provence Villas emergency number), so that Provence Villas can take appropriate action. If the complaint is still not resolved in a satisfactory manner, the lessee must file a complaint in writing with Provence Villas within 2 weeks after departure, stating all the relevant information and including evidence in the form of witness statements and/or photos.
2. If the lessee does not comply with the term and the conditions set in paragraph 1 of this Article, they shall lose their right to compensation insofar as any such right exists.
3. Upon early departure (without consultation and prior written agreement with Provence Villas regarding this) from the rented holiday accommodation, the total rental price shall still be payable and Provence Villas shall be absolved from any form of compensation.
19. Applicable law
1. All disputes with Provence Villas shall be subject to Dutch law.
2. Notwithstanding the provision of Article 17 of these terms and conditions, any disputes with Provence Villas shall be submitted exclusively to the competent court in Arnhem.
Nijmegen, version 12-02-2016