General Terms and Conditions Cap Du Golf B.V.

Article 1 – Definitions

1.1. “Accommodation”: The specific holiday residence that is rented by the Tenant for a specific period, including any associated properties such as a swimming pool and inventory, as described on the Website.
1.2. “Cap du Golf B.V.”: The private limited company Cap du Golf B.V., located in The Hague at Alexanderveld 5, registered with the Chamber of Commerce under number 91011868.
1.3. “Tenant”: A natural person or legal entity that instructs Cap du Golf directly or through third parties to reserve an Accommodation for rent for a specific period.
1.4 “Rental Price”: the fee fully owed by the Tenant for the rental of an Accommodation for a specific period, including any down payments.
1.5. “Guests”: Other persons who, as a result of the Agreement between Tenant and Landlord, stay in an Accommodation.
1.6. “Agreement”: The agreement between the Tenant and the Landlord for the rental of an Accommodation for a specific period.
1.7. “Reservation”: The request of a Tenant to reserve an Accommodation for a specific period.
1.8. “Reservation confirmation”: The written confirmation of the Reservation of the Accommodation by Cap du Golf to the Tenant.
1.9. “Landlord”: The owner or manager of an Accommodation, responsible for the execution of the service.
1.10. “Website”: The website(s) where the Tenant can reserve the Accommodation, accessible via the internet addresses www.capdugolf.com, www.capdugolf.nl, www.capdugolf.be, www.capdugolf.de or www.capdugolf.fr.

Article 2 – Applicable Conditions and Law

2.1. These general terms and conditions apply to all Reservations with Cap du Golf. By submitting a request for an Accommodation via the Website, you declare that you agree to the applicability of these general terms and conditions and their content.
2.2. Dutch law applies to the Agreement and any amendments and additions thereto.

Article 3 – General

3.1. The information on the Website has been compiled with care, but may differ from the actual situation due to circumstances. Cap du Golf is not liable for minor deviations in the description or photos, or for approximate distances with regard to the Accommodation.
3.2. Personal data that Cap du Golf requests from Tenants and Guests are necessary for the conclusion and execution of the Agreement. The processing of personal data is described in the privacy policy as available on the Website.

Article 4 – Reservation

4.1. By submitting a Reservation, the Tenant instructs Cap du Golf to reserve the Accommodation for the period specified by the Tenant.
4.2. The Agreement between Tenant and Landlord is concluded as soon as Cap du Golf has received the Tenant’s Reservation and has confirmed it in writing via the Reservation Confirmation. The Reservation Confirmation will be provided to the Tenant by Cap du Golf as soon as possible after the Reservation has been completed.
4.3. Cap du Golf reserves the right not to accept a Reservation, even if the Accommodation desired by the Tenant is available, unless the refusal to accept the Reservation is not reasonable given all the circumstances of the case.
4.4. The Tenant can have any additions/changes to the Reservation adjusted free of charge up to 48 hours after confirmation. After the expiry of those 48 hours, the confirmation serves as proof of the existence and content of the Agreement.

Article 5 – Payment

5.1 The Reservation Confirmation serves as an invoice for the Rental Price and contains an overview of the costs that the Tenant must pay to the Landlord.
5.2. The rental prices stated on the Website are in euros, including VAT and due per week, unless stated or agreed otherwise. If the Tenant pays in a different currency of their own accord, this is at the Tenant’s expense and risk, unless explicitly stated otherwise.
5.3. Any additional services and services desired by the Tenant will be charged separately and, unless explicitly stated otherwise, are not standard part of the rental price for the Accommodation.
5.4. The rental prices stated on the Website are exclusive of tourist tax and, if applicable, other local taxes, unless stated or agreed otherwise.
5.5. The Tenant must pay the deposit to the Landlord no later than seven (7) calendar days after receipt of the Reservation Confirmation, as indicated on the Reservation Confirmation.
5.6. The remaining invoice amount, as stated in the Reservation Confirmation, must be transferred to the Landlord no later than eight (8) weeks before the start of the stay in the Accommodation.
5.7. For bookings made within eight (8) weeks before the start of the stay in the Accommodation, the full Rental Price as stated in the Reservation Confirmation must be paid immediately.
5.8 The full Rental Price must have been paid by the Tenant before the start of the rental period and before the Tenant is granted access to the Accommodation. All payments must be made by transfer to the bank account number as stated on the Reservation Confirmation. Cash payments will not be accepted under any circumstances.
5.9. After full payment of the Rental Price, the Tenant will receive the travel documents and other relevant information regarding the Accommodation by e-mail no later than two weeks before the start of the stay in the Accommodation.

Article 6 – Cancellation and Modification

6.1. Cancellations and changes by Tenants must be communicated to Cap du Golf in writing.
6.2. If the Tenant wants to cancel a Reservation, cancellation costs will apply. The amount of the cancellation costs depends on the time of cancellation and the specific conditions set by the Landlord. The cancellation costs are in any case:
a. 35% of the Rental Price if the cancellation is made eight (8) weeks or longer before the rental period starts;
b. 100% of the Rental Price if the cancellation is made within eight (8) weeks before the rental period starts.
6.3. Any cancellation costs will be settled with the deposit paid or the remainder of the Rental Price.
6.4. Cancellations and changes by the Landlord will be communicated to the Tenant by Cap du Golf as soon as possible.
6.5. In the event of cancellation by the Landlord, Cap du Golf will make every effort to offer the Tenant an alternative Accommodation, based on availability and taking into account the specific wishes of a Tenant. If this is not possible or a request is refused by the Landlord, the Rental Price paid will be refunded to the Tenant within seven (7) days.
6.6 If the Tenant, after the start of the rental period, decides to leave the Accommodation earlier than indicated in the Reservation Confirmation, the Tenant is not entitled to a refund of (part of) the Rental Price, unless the Landlord and Tenant have agreed otherwise in writing.

Article 7 – Insurance

7.1. Tenant declares that, prior to the rental period, they have had the opportunity to take out appropriate travel insurance that provides coverage for damage, liability and other unforeseen circumstances relating to the Accommodation.
7.2. Tenant declares that, prior to the rental period, they have had the opportunity to take out appropriate insurance to protect against financial losses as a result of cancellations or changes to the Reservation.
7.3. Cap du Golf and the Landlord are not responsible for any form of loss or damage to property of Tenant or Guests during the stay in the Accommodation.

Article 8 – Liability

8.1. Tenants are liable for any damage to the Accommodation and the associated properties. Tenants must report damage immediately to the Landlord and Cap du Golf.
8.2. Cap du Golf and the Landlord are not liable for injury, damage, loss or costs arising from the stay in the Accommodation, unless the injury, damage, loss or costs are caused by intent or gross negligence by or on behalf of the Landlord.
8.3. The limitations of liability included in this article also apply to the liability of the employees and representatives of Cap du Golf and the Landlord.

Article 9 – Deposit

9.1. The Landlord may request a deposit for the rental of the Accommodation for a specific period. If a deposit is applicable, this will be stated in the Reservation Confirmation. The deposit must be paid by the Tenant before arrival in the manner described in the Reservation Confirmation.
9.2. After the end of the rental period, the deposit will be refunded to the Tenant’s account within fourteen (14) calendar days, unless damage to the Accommodation has been found or the Accommodation has not been delivered clean, as referred to in Article 11. If damage to the Accommodation has been found, any deposit will first be used to reasonably compensate the Landlord for that damage.
9.3. Any damage costs as a result of the Tenant’s stay in the Accommodation that exceed the deposit must be reimbursed to the Landlord by the Tenant as soon as possible.
9.4. If damage to the Accommodation is found after the end of a rental period, the Landlord will send the Tenant a specified overview with the damage found and the estimated repair costs.

Article 10 – Arrival and Departure

10.1. Tenants must adhere to the arrival and departure times as stated in the Reservation Confirmation.
10.2. Upon arrival and departure, the Tenant must inspect the Accommodation and report any damage or deficiencies to the Landlord and Cap du Golf.
10.3. Upon departure, the Accommodation must be left clean and tidy, according to the instructions of the Landlord. Tenant and Landlord will jointly inspect the Accommodation upon departure. If Tenant wants to leave outside the regular departure times, Tenant will agree with Landlord how the final inspection will take place.

Article 11 – House Rules

11.1. Tenants must adhere to the house rules and instructions of the Landlord as stated in the Reservation Confirmation and, if applicable, as present in the Accommodation.
11.2. In the event of violation of the house rules, the Landlord may request the Tenants to leave the Accommodation without the right to a refund of the Rental Price.
11.3. Smoking is not allowed in the Accommodation. Any ashtrays present in the Accommodation are intended for outdoor use.
11.4. In addition to the final cleaning as stated on the Reservation Confirmation, Tenant is obliged to leave the Accommodation (broom) clean and tidy upon departure.
11.5. Upon departure, Tenant is expected to dispose of any household waste, bottles, paper, etc. themselves to the designated waste bins or recycling center. The barbecue, if present, must be left clean. Dishwasher and refrigerator must be emptied.
11.6. Taking pets to the Accommodation is only allowed if the Landlord has given prior written permission for this. If this permission has been granted, this will be explicitly stated in the Reservation Confirmation. The Landlord may attach conditions to the permission, such as charging a surcharge. In all other cases, taking pets is not allowed.
11.7. If Tenant has been granted permission to bring one or more pets to the Accommodation, as referred to in Article 11.6, Tenant is liable for any damage caused by those brought pets. In addition, Tenant must in any case ensure that brought pets do not have access to bedrooms and swimming pools.
11.8. If Tenant takes a pet without permission, Landlord is entitled to charge a fine of €150.00 per pet per day, calculated over the total rental period, possibly afterwards. In addition, Landlord has the right to demand compliance (if possible) and/or (additional) compensation of any kind from Tenant.

Article 12 – Use of Facilities

12.1. Swimming pools (if present) are available for use during the period as indicated in the Reservation Confirmation.
12.2. The Landlord is responsible for carefully installing the necessary security measures for the swimming pools, in accordance with the legal requirements of the country where the Accommodation is located.
12.3. Children under the age of 14 may only use the swimming pool under the supervision of an adult and must wear a life jacket at all times. The use of security systems should never be considered a replacement for parental supervision of their children. The Landlord, if the use of a swimming pool is part of the Accommodation, cannot be held liable for accidents due to the use of the swimming pool. This should also include the changing, switching on or off of equipment belonging to the swimming pool, such as filters, thermostats and security devices, by the Tenant on their own initiative.
12.4. Upon arrival, the Tenant must check the operation of the security devices. Any defects must be reported immediately to the Landlord.
12.5. The Tenant is not allowed to independently operate the technical installation of the swimming pool. In case of problems, such as discoloration of the water, defects in the purification process or malfunctions in the heating, the Tenant must immediately inform the Landlord to prevent possible damage.
12.6. If the Accommodation has a WiFi/internet connection, the Tenant can use it free of charge. Using a WiFi/internet connection is not part of the Agreement. Tenant declares to use any WiFi/internet connection on the basis of a ‘fair-use policy’ and agrees that the Landlord gives no guarantees whatsoever with regard to the operation or use of the available WiFi/internet connection.
12.7. It is not allowed to connect the electricity connections of the Accommodation to equipment that has a high charging load (such as air conditioners, electric bicycles, electric cars), unless stated otherwise in the Reservation Confirmation.

Article 13 – Number of Guests

13.1. The maximum permitted number of Guests in the Accommodation is as stated in the Reservation Confirmation.
13.2. Extra Guests may not stay in the Accommodation without prior written permission from the Landlord. For each extra Guest, Landlord will in any case charge Tenant extra (accommodation) costs, plus applicable taxes and other government-imposed levies.
13.3. If the maximum permitted number of Guests is exceeded for which no permission has been obtained as referred to in paragraph 2 of this article, the Landlord may request the Tenants to leave the Accommodation immediately. In that case, Tenant is not entitled to a refund of the Rental Price.

Article 14 – Termination of the Agreement

14.1. Cap du Golf and the Landlord reserve the right to terminate the Agreement if the Tenant does not comply with the obligations included in these general terms and conditions.
14.2. In the event of termination of the Agreement, the Tenant is not entitled to a refund of the Rental Price.
14.3. Cap du Golf and the Landlord reserve the right to terminate the Agreement in the event of force majeure, such as natural disasters, fire, or other unforeseen circumstances. In this case, the Rental Price paid will be refunded to the Tenant.

Article 15 – Complaints

15.1. Complaints about the Accommodation must be reported to Cap du Golf immediately after they arise. The complaint will be forwarded by Cap du Golf to the Landlord with the aim of resolving the complaint as soon as possible.
15.2. If a complaint is not resolved to satisfaction, it must be submitted in writing with reasons, provided with all relevant supporting documents such as photos and statements, to Cap du Golf B.V. within 24 hours.
15.3. If there is a situation as referred to in Article 15.2, Cap du Golf will mediate between the Landlord and Tenant and try to resolve the dispute that has arisen as a result of the complaint of the Tenant not being resolved to (full) satisfaction. Cap du Golf has an obligation to make an effort in this regard.
15.4. If the Tenant does not comply with the deadlines as referred to in Article 15.1 and 15.2 and insofar as there is a right to compensation, the Tenant can no longer claim compensation from the Landlord, unless mandatory provisions dictate otherwise.