General conditions
Article 1. Definitions
In these general terms and conditions of Top-Chalets V.O.F. (hereinafter Top-Chalets) located at the Tweemanspolder 6a 33, 2761 ED Zevenhuizen ZH, KvK 24421336, the following definitions apply:
Accommodation A vacation home offered by owners for rental through the website of Top-Chalets.
General terms and conditions These general terms and conditions of Top-Chalets.
Booking An agreement between the Lessee and Top-Chalets for the rental of an Accommodation. The agreement comes about at the moment of making a Booking by the Renter and acceptance of this Booking by Top-Chalets.
Service(s) The Services to be provided and delivered by Top-Chalets to the Tenant consisting of facilitating the rental of an Accommodation.
Tenant The Party who purchases the Services from Top-Chalets.
Principal Sum The principal sum consists of the rental fee and all mandatory charges as defined in clause 7.3.
Top-Chalets The supplier of the Service and other party of the Tenant.
Parties Tenant and Top-Chalets jointly.
Party Tenant or Top-Chalets separately.
Article 2. Applicability
2.1 The General Conditions apply to the Bookings made by the Renter.
2.2 The applicability of any general or specific conditions, by whatever name, is expressly excluded.
2.3 If any provision of these General Terms and Conditions is void or is voided, the other provisions of these General Terms and Conditions will remain in full force and the Parties will determine a new provision to replace the void or voided provision, taking into account as far as possible the purpose and purport of the void or voided provision.
2.4 In case of conflict between the provisions of the General Terms and Conditions and the provisions on the website or other available information, the provisions of the General Terms and Conditions shall prevail.
2.5 Amendments and supplements to the General Terms and Conditions shall only apply if they have been agreed in writing between the Parties. The amendment and/or supplement only applies to the relevant Booking.
2.6. The Services provided by Top-Chalets concern only the temporary rental of vacation homes for recreational purposes. The Parties expressly acknowledge that there is no question of (re)renting residential or business accommodation, and Tenant shall therefore not use the Accommodation for such purposes.
Article 3. The Booking and Payment
3.1 The Booking comes into effect after the Renter has completed and submitted the booking form on the Top-Chalets website, or has made a request by phone or e-mail and Top-Chalets has confirmed and accepted this Booking.
3.2 The Hirer will make Bookings for the purpose of his own stay in the Accommodation. If the Hirer makes a Booking on behalf of or for the benefit of a third party, the Hirer is responsible for obtaining the correct authorization and/or consent from that third party. The third party and the Renter remain jointly and severally liable for compliance with the obligations arising from the Booking.
3.3 The Renter shall ensure that all information to make the Booking is entered correctly and completely. If any information is found to be incorrect or incomplete, the Tenant shall contact Top-Chalets as soon as possible.
3.4 Upon receipt of the booking form or application, Top-Chalets will check the availability of the Accommodation. If the booking form or request is approved, the Booking will be confirmed in writing, whereby e-mail is also considered to be written. Within 14 days after the confirmation date, the Hirer has to pay a deposit of 50% of the Principal amount to Top-Chalets.
3.5 The remaining amount must be paid to Top-Chalets no later than 6 weeks before the start of the rental period.
3.6 If there are 6 weeks or less between the Booking and the Rental Period, the Hirer shall pay the entire Principal Sum at once to Top-Chalets within 5 days of the Confirmation Date or so much earlier as is necessary to pay the Principal Sum prior to the commencement of the Rental Period.
3.7 If the Tenant does not make the payments, in full or on time, the Tenant is immediately in default without the need for a notice of default. Top-Chalets may in this case dissolve the contract and consider the Booking cancelled. Top-Chalets shall at all times be entitled to charge cancellation costs or to settle them with any deposit.
3.8 When dissolution of the agreement is not allowed or not possible for whatever reason, Top-Chalets may suspend the execution of its Services until the Renter has fulfilled all obligations.
Article 4. Delivery & Accommodation
4.1 The Renter is aware that Top-Chalets is not the owner of the Accommodation but only acts as an intermediary for the rental of the Accommodations.
4.2 Top-Chalets is not responsible for the photos, description and information about the Accommodation. Tenant cannot claim error if the Accommodation differs from what is described or otherwise displayed.
4.3 Top-Chalets will carry out its work to the best of its knowledge and ability, observing the reasonable requirements of good workmanship.
4.4 If and insofar as a proper execution of the Booking requires it, Top-Chalets has the right to have part or all of the agreed Services performed by third parties.
Article 5. Conduct of Tenant
5.1 Tenant shall behave in the Accommodation as may be expected of him and shall not stay in the Accommodation with more people than it is intended for. Tenant shall in any case comply with the house rules of the Accommodation. The house rules will in any case include that smoking, deep-frying and pets are not allowed in the Accommodation. Additional (cleaning) costs may be charged in the event of improper use or failure to leave the Accommodation as described in these General Conditions or in the House Rules.
5.2 Tenant will only park in the parking space(s) belonging to the Accommodation. If Tenant has several parking spaces at his disposal, but does not use these parking spaces during his stay, Tenant is not entitled to a refund. In this case, Top-Chalets reserves the right to change the unused parking spaces to another Tenant.
5.3 Ski boots may not be worn in the Accommodations, but must be placed in the designated area in the Accommodation for the storage or drying of ski boots.
5.4 Tenants must themselves dispose of all waste, such as bottles, paper and residual waste separately. The kitchen, including any dishwasher and oven, must be left clean when checking out of the Accommodation.
5.5 Electric vehicles may only be charged at an available charging station. It is not permitted to charge the vehicle from an outlet in the home.
Article 6. Rental period
6.1 The rental period will be specified in the travel documents. These times and dates for the rental period are final. Top-Chalets may deviate from the rental period only within reasonable limits and only if maintaining the rental period cannot reasonably be required of it.
6.2 The rental period begins on Saturday from 16.00 hours and ends on the following week Saturday 10.00 hours unless otherwise indicated. In any case, the following Accommodations apply a different rental period:
(a) HOME SWEET HOME:
The rental period begins on Saturday 4:00 p.m. and ends on the following week Saturday 9:00 a.m.
b) DORFPLATZ TOP 15, DORFPLATZ TOP 63, WIESBERGER TOP 43:
The rental period begins on Sunday from 4 p.m. and ends on the following week Sunday 10 a.m.
(c) YETTERHÜTTE:
The rental period begins on Sunday from 4 p.m. and ends on the following week Sunday 9 a.m.
d) CHALET SCHNEESPASS:
The rental period begins on Friday from 4 p.m. and ends on the following week Friday 9 a.m.
e) REICHENSPITZE TOP 7:
The rental period begins on Friday from 4:00 p.m. and ends on the following week Friday 9:00 a.m.
6.3 The Renter cannot claim the Accommodation outside the specified rental period and corresponding times.
6.4. If the Tenant, in violation of this article, occupies the Accommodation outside the rental period, Top-Chalets will be entitled to remove the Tenant from the Accommodation (or have him removed) or to prevent the Tenant from accessing the Accommodation. Any costs incurred in this respect will be recovered from the Renter.
Article 7. Prices, taxes, surcharges and deposit
7.1 All rental prices are in Euro, including VAT and per week.
7.2 The rental of the Accommodation at Top-Chalets includes the following:
(a) Gas, water and light.
7.3 When renting the Accommodation at Top-Chalets, the following mandatory costs are not included:
a) Hire of bed linen and towels;
b) Final cleaning;
c) Reservation fee;
d) Residence tax/tourist tax.
Top-Chalets will charge these costs to the Renter in advance.
7.4 If the Accommodation requires a deposit, Tenant will have to pay this deposit in advance and at the latest with the last deposit.
7.5 The deposit will be refunded within one week after departure from the Accommodation to the account number specified by the Hirer provided that no defects or damage occurred during the stay in the Accommodation.
7.6 Any defects in the Accommodation must be reported to Top-Chalets immediately upon arrival.
Article 8. Cancellations, dissolution and modifications.
8.1 If the Renter cancels an accepted Booking, the Renter shall owe the following cancellation charges:
(a) for cancellation up to 6 weeks before the commencement of the Rental Period, 50% of the total Principal Sum.
b) For cancellation within 6 weeks before the start of the rental period, 100% of the total Principal Sum.
c) In the event of early departure from the Accommodation, the Renter will continue to owe the total Principal Sum and will not be entitled to a refund.
8.2. In case of cancellation, the Renter is not entitled to a refund of the mandatory costs as described in Article 7.3 under b and c. If the cancellation is made at least 7 days before the rental period, you are entitled to a (partial) refund of the mandatory costs as mentioned in 7.3 under a and under d.
8.3 Partial cancellation, where fewer Hirers will stay in the Accommodation than passed on, is not possible. The Accommodation is rented per rental period regardless of the number of persons staying in the Accommodation. The Tenant may be entitled to a refund of mandatory costs as described in Article 8.2.
8.4 The renter can transfer his/her booking to another person, provided he/she informs Top-Chalets in writing and in good time. Parties will then jointly make arrangements how the transfer will be handled.
8.5 The person to whom the Booking is transferred must comply completely and without exception with the conditions associated with the Booking. The Renter and the person to whom the Booking is transferred are jointly and severally liable for the fulfillment of all obligations associated with the Booking.
8.6 Top-Chalets has the right to cancel or dissolve the Booking (or agreement) due to serious circumstances. Important circumstances are circumstances of such a nature that further commitment of Top-Chalets to the booking cannot reasonably be expected or when there is force majeure.
8.7 The renter will always communicate his/her cancellation in writing.
Article 9. Liability
9.1 As far as allowed by law, Top-Chalets shall not be liable for any damage incurred by the Renter or third parties, unless there is gross negligence or intent on the part of Top-Chalets. Liability of Top-Chalets for indirect damage, including but not limited to consequential damage, loss of profit, missed savings and damage due to business stagnation, is excluded.
9.2 Should Top-Chalets nevertheless be liable, liability is in any case limited to the amount of the invoice, or, if and as far as there is an insured damage, to the amount of the sum actually paid out under the insurance.
9.3 In any case, Top-Chalets is never liable for:
a) Theft, loss or damage of any kind during or as a result of a stay in any of the Accommodations.
b) The incorrect functioning or non-functioning of technical equipment in the Accommodations.
c) Photographs, leaflets and other information material issued under the responsibility of third parties.
d) Inaccuracies (errors or mistakes) in the brochure, web page, or other notifications.
9.4 Tenant is jointly and severally liable for all loss and or damage to the Accommodation and its inventory, whether resulting from acts or omissions of Tenant or third parties who are in the Accommodation with Tenant's consent. The Tenant shall indemnify Top-Chalets against any claims by the owners or other third parties in connection with such loss or damage.
9.5 In case of a conflict concerning the cause or the amount of a loss or damage as described in clause 9.4, Top-Chalets shall be entitled to draw up (or have drawn up) a damage report, which will be leading in determining the cause and amount of the loss or damage.
Article 10. Complaints
10.1 Complaints during the stay should be made in writing to Top-Chalets no later than 24 hours so that Top-Chalets can take appropriate action. If a complaint has not been satisfactorily dealt with, the Hirer should notify Top-Chalets no later than two weeks after the stay. The complaint will then be reassessed.
10.2 If the Tenant does not comply with the deadlines as described in this article, Top-Chalets is not obliged to deal with the complaint.
Article 11. Force Majeure
11.1 Top-Chalets may invoke force majeure, being a non-attributable shortcoming, which prevents Top-Chalets from fulfilling its obligations towards the Tenant. All obligations of Top-Chalets will be suspended for the duration of the force majeure situation.
11.2 Force majeure does in any case include; storm, floods, extreme weather conditions, fire, strikes, terrorism, or negative travel advice.
11.3 In case of force majeure, Parties will make new arrangements within a reasonable time for the delivery or cancellation of the Service.
Article 12. Applicable lawepasselijk recht
12.1 The Booking and these General Terms and Conditions are governed exclusively by Dutch law.
12.2 The Vienna Sales Convention does not apply to the Contract or these General Conditions.
12.3 If a dispute arises between the Parties, they will make reasonable efforts to resolve the dispute jointly. If the Parties cannot reach a solution they will submit the dispute to a competent court in The Hague.