General terms and conditions

Version

This is version 3 of the General Terms and Conditions, valid from 6 September 2021.

Definitions

In these terms and conditions, the following definitions apply:

Beaujean Vacances: Beaujean Vacances B.V., the organization that mediates on behalf of the lessor in the establishment of the agreement between lessor and tenant.
Group accommodation: The whole of, or part of buildings and/or dwellings with all accessories, inventory and other hired items. Wherever reference is made in the terms and conditions to group accommodation, holiday property(ies) should also be read.
Lessor: The legal entity or natural person who makes the group accommodation available to the tenant.
Tenant: A person or natural person who rents or wishes to rent group accommodation from the portfolio of Beaujean Vacances. Also the person who concludes the agreement on behalf of a group.
Group: The group of individuals who, pursuant to the agreement, has the right to stay in the group accommodation.
Group members: The persons making up the group.
Agreed price: Full payment made for the use of the group accommodation, the compulsory booking fees for the establishment of the agreement and the additional costs indicated.

Payment for the use of the group accommodation comprises: Basic rent, booking fees, cleaning costs, energy costs, deposit and tourist tax.
Additional costs indicated are: all optional products/services that may be purchased.
Information: Information provided in writing or electronically about the use of the group accommodation, the facilities and the rules regarding the
stay.
Cancellation: The written termination of the agreement by the tenant before the start date of the stay.
Third parties: Any other person or legal entity other than Beaujean Vacances, the tenant, or group members.

Applicability of General Terms and Conditions
These general terms and conditions apply to all offers and quotes by, agreements with, and deliveries and services of Beaujean Vacances.
These General Terms and Conditions supersede previous general terms and conditions.
Clauses which depart from the stipulations in the General Terms and Conditions apply only if and to the extent that they have been agreed in writing with Beaujean Vacances and have been accepted as such by Beaujean Vacances.
Beaujean Vacances is entitled to unilaterally amend these General Terms and Conditions. Changes also apply with regard to agreements previously concluded. Changes take effect one month after being announced or a specified date, by means of a written notification or a notification on the Beaujean Vacances website.
Verbal agreements and/or undertakings by employees of Beaujean Vacances are valid only if confirmed in writing by competent employees of Beaujean Vacances.

Article 1: Content of agreement

1.1 The lessor makes the agreed
group accommodation available to the group, for the agreed period and the agreed price, for recreational and/or business purposes, and therefore not for permanent residency. Beaujean Vacances mediates on behalf of the lessor in the establishment of the agreement between lessor and tenant.
1.2 An agreement between the lessor and tenant is established by confirmation of a telephone, written or electronic (internet/e-mail) booking of group accommodation from the current Beaujean Vacances portfolio.
1.3 Beaujean Vacances is obliged to provide the tenant beforehand with the information upon which the agreement is partly based. Beaujean Vacances will always notify the tenant promptly of any changes to that information.
1.4 Once an agreement has been established, the tenant receives a booking confirmation which serves as proof of the agreement. (Please therefore keep this information in a safe place and take it with you to the accommodation!)
1.5 Booking confirmations sent by Beaujean Vacances contain all the relevant information for the stay in the booked group accommodation. To avoid misunderstandings, the tenant undertakes to check the accuracy and completeness of the booked
details immediately upon receipt of the booking confirmation and to notify Beaujean Vacances of any missing or inaccurate information within 7 days of receipt of the booking confirmation. If no such notification is given within that period, the tenant is not entitled to invoke the incompleteness or inaccuracy of the
booking confirmation.
1.6 Beaujean Vacances is entitled at all times to cancel the agreement, without giving reasons, within 48 hours (2 working days) of the agreement being established.
1.7 The tenant is obliged to comply with the agreement. He must ensure that the group members also comply with the agreement. Nonetheless, the tenant and lessor may make individual, additional agreements which depart from these terms and conditions.
1.8 Beaujean Vacances assumes that the tenant is entering into the agreement with the consent of the group members.
1.9 When making a booking, the tenant must indicate the correct number of guests.
1.10 The tenant is also obliged to present a full guest list to the lessor by the day of arrival at the latest. If the cancellation policy is used, different rules apply to this; these are detailed in the cancellation policy.
1.11 The tenant may book various additional items, including bedlinen, pets etc. Additional items, and changes to items already booked, can be notified up to 6 weeks prior to arrival, unless expressly agreed otherwise.

Article 2: Duration and expiry of the agreement

2.1 The agreement ends by operation of law after the agreed period has ended, without the requirement for notice to be given.

Article 3: Offers, prices, tariffs

3.1 Offers by Beaujean Vacances are always without obligation and are made subject to interim changes.
3.2 All statements on the website of Beaujean Vacances are deemed to have been made in good faith and are always subject to interim adjustments. Beaujean Vacances is not bound by obvious errors and omissions on its website. Beaujean Vacances accepts
no responsibility for general information on the website and the information presented on said site that has been prepared under the responsibility of third parties.
3.3 The tenant declares that he has read the description of the group accommodation by Beaujean Vacances on the website and does not require any more detailed description of said accommodation.
3.4 The agreed price is set by Beaujean Vacances on the basis of the tariffs applicable at the time.
3.5 Should extra costs be incurred after the setting of the agreed price, due to an increased burden on the part of the Beaujean Vacances and as a consequence of a change in charges and/or levies relating directly to the accommodation or tenant and/or the group members, these may only be passed on to the tenant to the extent reasonable, even after the agreement has been concluded.
3.6 Prices and tariffs are quoted subject to obvious errors and omissions.

Article 4: Payment

4.1 The agreed price must be paid as follows:

4.2 Payment can be made by written or electronic transfer of the full agreed price. If payment is made by giro or bank, the date of payment is the date on which the rent is credited to the bank account of Beaujean Vacances. At the request of Beaujean Vacances
the tenant must present Beaujean Vacances with proof of payment.
4.3 Beaujean Vacances is under no obligation to inform the tenant of the upcoming expiry of a payment deadline, unless expressly agreed otherwise.
4.4 Excess items booked and overpaid tourist tax cannot be refunded after the 2nd payment deadline has expired.
4.5 The tenant never has the right to suspend payment. Once the payment deadline has passed, the tenant is in default. The tenant can remedy the default by paying the full, agreed price to Beaujean Vacances within 3 days of default taking effect.
4.6 If payment is not made, or is late, all judicial process and enforcement costs and the extrajudicial collection costs are borne by the tenant. Extrajudicial collection costs are at least fifteen per cent of the invoice amount, subject to a minimum of EUR 100.
4.7 Beaujean Vacances always has the right, both before and after the establishment of the agreement, to demand security for payment and to suspend the agreement until such security has been furnished; all of this is without prejudice to Beaujean Vacances’ right to fulfilment, compensation and/or full or partial cancellation, all without any judicial intervention and without Beaujean Vacances being bound to pay any compensation.
4.8 If the tenant does not fulfil, or does not adequately fulfil, his payment obligation, Beaujean Vacances has the right to
cancel the agreement with immediate effect, without prejudice to Beaujean Vacances’ right to full payment of the agreed price.

Article 5: Cancellation

5.1 The tenant is entitled to cancel in writing, with payment of the following cancellation fees to Beaujean Vacances:
- if cancelled from 365 days before the start date, 10% of the basic rent and booking fees;
- if cancelled between 182 and 364 days before the start date, 30% of the basic rent and booking fees;
- if cancelled between 122 and 181 days before the start date, 70% of the basic rent and booking fees;
- if cancelled between 61 and 121 days before the start date, 80% of the basic rent and booking fees;
- if cancelled between 1 and 60 days before the start date, 95% of the basic rent and booking fees;
- if cancelled on or after the start date, 100% of the agreed price.
5.2 The date of the postmark or the date of the relevant e-mail determines whether or not the cancellation was timely.
5.3 If the agreement is cancelled, payment must be refunded less booking fees on a proportionate basis, if the group accommodation is booked by a third party for the same period or a part thereof.
5.4 In the event that the agreement is amended or cancelled by Beaujean Vacances, the latter must make an amendment proposal to the tenant within 2 working days (48 hours) of the emergence of the grave circumstances, in the form of an alternative offer. This obligation ceases to apply if the cause of the amendment or cancellation is attributable to the tenant.

Article 6: Deposit

6.1 The tenant is required to pay a deposit for the stay in group accommodation upon arrival at the accommodation, unless otherwise specified in the agreement; if no deposit is paid, the agreement will be considered to have been dissolved on the start date!
6.2 Unless otherwise specified in the agreement, the deposit must be paid to the lessor of the group accommodation upon arrival at the property address or the key address
.
6.3 After the end of the stay in the group accommodation, any costs incurred will be settled and any noted damage to, or the loss of items present in or on the group accommodation will be deducted from the deposit. The remainder will be refunded to the tenant. For the purposes of the refund, the tenant must provide the lessor or Beaujean Vacances with his full address and bank details (account number, IBAN and BIC code).

Article 7: Tenant's rights and obligations at the group accommodation

7.1. In addition to these terms and conditions and the agreement, local law always applies to the situation at the accommodation. Unless the law stipulates otherwise, these terms and conditions and the agreement take precedence.
7.2 If there is a key address, the tenant must collect the key between 3 PM and 6 PM from the key address indicated in the agreement. Nonetheless, the tenant and lessor may make individual, additional agreements which depart from these terms and conditions.
7.3 If there is no key address, the tenant can go straight to the group accommodation between 3 PM and 6 PM. The front door of the group accommodation should be open and the key to the group accommodation should be placed on the inside of the front door. Nonetheless,
the tenant and lessor may make individual, additional agreements which depart from these terms and conditions, see the attachment to the booking.
7.4 The tenant is urged to accept the arrival and departure times! The tenant must discuss arrival outside the stated times beforehand, with the lessor or Beaujean Vacances.
7.5 Unless otherwise stipulated in the agreement, the tenant must vacate the group accommodation no later than the time indicated in the agreement. If the tenant departs later than the time indicated in the agreement, he will owe an additional amount of rent per day.
7.6 The tenant must behave in a manner that befits a good tenant and use the group accommodation in accordance with the reasonable instructions for use given by Beaujean Vacances or the lessor.
7.7 The tenant is liable by law for the damage caused by him or by group members to the group accommodation or the items
located in it. Damage must be reported by the tenant directly to the lessor. Repairs or replacement costs must be reimbursed by the tenant to the lessor at once, at the lessor's first request.
7.8 On departure, the tenant must leave the group accommodation in a good state, i.e. in broom clean condition. The items present in the holiday property must always be returned to their original location (on arrival). Crockery must be washed and tidied away in the
appropriate place. The lessor is entitled to conduct a final inspection at the time of departure. If the lessor notes that any items have not been returned to their original location or if the group accommodation is not broom clean, the lessor is entitled to charge the tenant additional costs, including for cleaning.
7.9 The tenant must use linen on beds and is not entitled to use beds without sheets.
7.10 The tenant must be present for the entire stay.

Article 8: Use by third parties

8.1 Use of the group accommodation by third parties is only permitted if the lessor or Beaujean Vacances has given written permission.
8.2 Conditions may be attached to such permission, in which case these conditions must first be stipulated in writing.

Article 9: Early termination by lessor and eviction in the event of attributable failure and/or unlawful act

9.1 The lessor can terminate the agreement with immediate effect:
a. If, despite prior warning, the tenant and/or the group members does/do not fulfil, or does/do not adequately fulfil the obligations arising from the agreement, the house rules and/or government regulations, to such an extent that, in all reasonableness and fairness, the lessor cannot be required to continue the agreement;
b. If, despite prior warning, the tenant and/or the group members causes/cause a nuisance to the lessor and/or others, or if the tenant and/or the group members spoils/spoil the good atmosphere on, or in the immediate vicinity of the premises;
c. If, despite prior warning, the tenant and/or the group members makes/make use of the group accommodation in a manner that is contrary to the intended purpose of the premises;
9.2 If the lessor wishes to cancel and evacuate the property early, he must inform the tenant of this in a letter handed over in person. In cases of urgency, the written warning is not required.
9.3 Once notice has been given, the tenant must ensure that the group accommodation has been vacated and the group or the relevant group members have left the premises as quickly as possible, but at the latest within 4 hours.
9.4 If the tenant fails to vacate the group accommodation, the lessor is entitled to evacuate the group accommodation at the tenant's expense.
9.5 In principle, the tenant remains bound to pay the agreed price.

Article 10: Laws and regulations

10.1 The lessor ensures at all times that the interior and exterior of the group accommodation meets all environment and safety requirements set, or that may be set, by the government for the group accommodation.
10.2 The tenant and the group members are obliged to strictly follow all the safety rules applicable in the group accommodation. The tenant and group members must also ensure that any third parties who visit him/them and/or stay with him/them strictly comply with the safety rules applicable on the premises.

Article 11: Maintenance and construction

11.1 The lessor is obliged to maintain the group accommodation and the central facilities in good repair.
11.2 The group is obliged to maintain the group accommodation and the land around the group accommodation in the same good repair for the duration of the agreement.
11.3 The tenant and group members are not permitted to dig, chop down trees, trim shrubs, make a fire or engage in any other similar activity on the land around the group accommodation.

Article 12: Liability

12.1 The lessor's statutory liability for damage (excluding personal injury and death) is limited to a maximum of €455,000 per event. The lessor is obliged to maintain insurance for this.
12.2 The lessor is not liable for an accident, theft or damage on his premises unless this is due to a failure attributable to the lessor.
12.3 The lessor is not liable for the consequences of extreme weather influences or other types of force majeure.
12.4 The lessor is liable for interruptions to utilities, unless he can invoke force majeure.
12.5 If the rented group accommodation has been destroyed, or is temporarily unavailable for use, for reasons for which the lessor is not to blame, the lessor and tenant have the right to terminate the agreement. If the destruction of the group accommodation or its temporary unavailability for use is attributable to the lessor, the tenant may demand compensation.
12.6 The tenant is liable towards the lessor for damage caused by actions or omissions by himself and/or one or more group members, insofar as the damage involved can be attributed to the tenant and/or one or more group members.

Article 13: Force majeure

13.1 In the case of force majeure, whether permanent or temporary, Beaujean Vacances is entitled on the lessor's behalf to dissolve or temporarily suspend the agreement in its entirety or in part, without the tenant then being entitled to claim fulfilment and/or compensation. Force majeure
includes, but is not limited to: threat of war, war, uprising, acts of war, strikes, boycott, traffic or transport disruptions, government-imposed measures, scarcity of raw materials, natural disasters and all other circumstances, exceptional weather conditions, death of the
owner, divorce of the owner, unannounced sale and/or commissioning of the holiday home by the owner etc. such that the full or partial fulfilment of the agreement cannot, in all reasonableness and fairness, be required of the lessor.
If the force majeure occurs when the tenant has only been able to make partial use of the holiday home, the rental agreement must also be considered to have been dissolved for the period already used.

Article 14: Disputes

14.1 Dutch law applies to all disputes concerning the agreement. The court or subdistrict court of Maastricht has sole jurisdiction.

Article 15: Covid-19

15.1 Due to the global nature of the Coronavirus outbreak, unforeseen changes in the regulations governing international travel have taken effect. According to the reports prepared, the outbreak is being monitored and measures are being taken worldwide to prevent further spread of the virus. At Beaujean Vacances, your health and safety is paramount. As Beaujean Vacances, we have implemented changes in our policies to make rebooking trips easier for our guests. We recommend that you stay up to date with the RIVM and World Health Organization guidelines and act accordingly. Please also check our information page on the coronavirus for the latest information and updates.
As of June 27, 2021, there are no longer any restrictions on stays in vacation homes in the Netherlands. Nevertheless, bookings can only be held in compliance with the legal rules in force at the time of the stay. For Belgium, no restrictions will apply from September 1, 2021.
In our policy regarding Covid-19, we take into account the force majeure scenario.  
15.2 Force majeure as a result of Covid-19 only applies in the following cases and if the relevant situation was not known at the time of reservation.

In case of force majeure, we offer a choice where you can choose between a voucher, rebooking the reservation, cancelling the booking according to the cancellation conditions and the possibility to adjust the group size. * 
This choice must be made within 5 days. The bookings that have an arrival within 5 days from the press conference will be contacted by us personally. A voucher is valid for 1 year from the arrival date of the original booking and is non-transferable.
*In some cases, the homeowner will contact you directly at the time of force majeure
15.3 All other measures such as strongly discouraged travel, color codes by country and region, quarantine obligation and the obligation to test, safety gestures, recommendations regarding limiting physical contact or the obligation to wear the mouth mask are not considered as cases of force majeure. In this case, we offer an option in which you can choose between keeping the booking or canceling the booking according to the cancellation conditions. 
15.4 Cancellation conditions of the original booking are valid for the cancellation step as described in Article 5.1 of the General Conditions. 
15.5 It is the responsibility of the tenant to comply with legal provisions such as sanitary regulations in force at the time of booking and during his stay.