An example of the Rental agreement_villa Shanti
GENERAL RENTAL CONDITIONS RESIDENTIAL VILLA SHANTI (as of 25-03-2021)
It is wise to read these “fine print” carefully. Both you and the landlord will find your and our rights and obligations in this. By booking Villa Shanti, you confirm that you agree to the conditions printed below.
In the conditions below, “the stay” means “Villa Shanti”,
Landlord: Villa Shanti
Tenant: a (natural) person who rents or wishes to rent Villa Shanti.
Co-tenant: The person who stays in the holiday home together with the tenant.
Manager: The person who, on behalf of the owner of Villa Shanti, performs tasks of managing the holiday home.
Owner: the rightful owner of Villa Shanti, who has offered the holiday home for rent.
Prices and rates
All statements on the website of Villa Shanti and any other written statements are deemed to have been provided in good faith and are always subject to interim adjustments. Villa Shanti is not bound by obvious errors and omissions in its website and any other written statements. The tenant declares to have taken note of the description of the holiday home by Villa Shanti on the website and not to require any further description thereof. Prices always include tourist tax,. 2 household helpers, 2 gardeners, security and helpdesk. Internet, gas, electricity, tap water, drinking water and all taxes are also included in the price
- RESERVATION AND PAYMENT
After receiving your reservation request, we will let you know by e-mail as soon as possible whether the desired stay is still available in the desired period and whether your reservation request is accepted by us. If we have accepted your reservation request and you indicate that you want to book, we will send you a payment request by e-mail and. You agree to our rental conditions with the first payment.
You will receive a payment request for advance payment of 30% of the rent. You must make the prepayment within 10 days. As soon as we have received the prepayment, your booking is final.
For practical reasons, we apply strict payment rules. This means that we have the right to dissolve the lease in case:
a. the advance payment of 30% of the basic rent has not been paid by you within the applicable payment term. Your reservation will then expire and we consider ourselves free to rent the accommodation to another person.
b. the remaining amount of 70% of the rent has not been paid by you within the applicable payment term (6 weeks before the start of arrival). In this case, no refund of the 30% advance payment will be made.
c. Payment can be made by bank transfer or via Ideal. When paying by bank, the date of payment is the day on which the rent is credited to the bank account of Villa Shanti. At the request of Villa Shanti, the tenant must submit proof of payment to Villa Shanti.
d. Villa Shanti always has the right not to accept a booking if there are price errors or occupancy errors in the website. Booking confirmations / invoices and any other written documents sent by Villa Shanti contain all relevant information for the stay in Villa Shanti. In the interest of a good booking and to prevent misunderstandings, the tenant undertakes to check the correctness and completeness of the booked data and any incompleteness or inaccuracies within 7 days after receipt of the booking confirmation / invoice and any other written documents. of the booking confirmation / invoice and / or other documents to Villa Shanti. If no such notification is made within the set term, the tenant is not entitled to invoke the incompleteness or inaccuracy of the booking confirmation / invoice and / or other documents.
a. Any cancellation by the tenant must be made by telephone as well as by e-mail to the address of the landlord. The tenant is entitled to cancel the booking without costs within a reflection period of 10 days after the rental agreement becomes final as described above, unless the rental period starts within 1 month after entering into the rental agreement, in which case no more dissolution is possible.
b. After the term referred to under a., The tenant owes the following cancellation costs in the event of cancellation:
In case of cancellation regardless of the reason for cancellation (including cases of force majeure or pandemic);
* up to 42 (6 weeks) days before arrival: 50% of the prepayment will be refunded.
* 42 days (6 weeks) to 35 days (5 weeks) before arrival: 20% of the total basic rental amount will be refunded (if the remaining amount has already been paid).
* 35 days (5 weeks) to 28 days (4 weeks) before arrival: 10% of the total basic rental amount will be refunded (if the remaining amount has already been paid). .
* 28 days (4 weeks) before arrival / checkout on the day itself / no-show: no refund of the total basic rent
The following applies in connection with Covid19:
If there are demonstrable travel restrictions, Indonesia or your country of origin is “locked” and / or your airline does not fly (anymore), a full refund of the amount paid will follow.
- We are forced to strictly adhere to the cancellation conditions. Reservations for “Villa Shanti” are arranged well in advance and since we are not a commercial operator, a cancellation means a setback that is almost impossible to overcome. The cancellation conditions also remain in effect with pandemics such as Covid-19.
When you have made the first payment, you declare that you agree with our cancellation conditions.
d. If the tenant does not arrive or arrives late during the rental period or leaves before the end of the rental period, the lessor retains full entitlement to the rental price and no refund of the rental price will be made.
e. The tenant must take care of any cancellation insurance. A period of 7 days after entering into the rental agreement applies for this. We strongly recommend it, however it is up to you whether you want to cover the cancellation risk or not.
a. On arrival, the villa can generally be occupied after 4 pm and must be vacated before 10.30 am. Deviations are stated in the booking confirmation.
- The tenant must only use the rental object as a holiday home, may not rent or use the rental object to third parties, nor have more people spend the night in it than agreed in the rental agreement, unless with the written permission of the lessor. Should the tenant act contrary to the foregoing, the landlord has the right, at his discretion, either to dissolve the lease with immediate effect (which means that the tenant must leave the rental object immediately.
c. The tenant must leave the rental object with inventory on the date and time of the end of the rental period clean and in good condition.
d. The tenant may only bring pets with the landlord’s prior written consent.
e. The tenant will not cause any inconvenience to the neighbors and other surroundings.
To avoid misunderstanding, if these terms and conditions refer to the tenant, this should also be understood to include the tenant’s family members and guests.
Villa Shanti does not accept any liability for left behind / forgotten properties of tenants.
If these are found during the cleaning, they will be taken and you will be notified.
In case of return of forgotten properties by post, the postage will be charged.
a. If one of the parties does not or not timely fulfill one or more obligations under this lease, the other has the right to dissolve the lease in whole or in part. Dissolution takes place by notification by e-mail.
b. In the event that the tenancy agreement is dissolved in whole or in part due to non-compliance with an obligation laid down in the tenancy agreement by the lessor, the lessor will refund any rent paid by the tenant. If the landlord does not fulfill his obligations in the non-delivery or late delivery of the accommodation, the tenant is entitled to 100% of the total rent.
c. If the tenancy agreement is dissolved due to the tenant not paying or not paying on time the remaining payment of the rent, the landlord is entitled to compensation or compensation amounting to 50% of the rent. Said compensation amount or compensation amount will be settled by the lessor against the amount of 50% of the rent paid in advance by the tenant.
d. If the tenant leaves the stay later than agreed, the landlord is entitled to a proportional increase in the rent and compensation for any further damage.
a. The description and impressions given by the landlord of the accommodation and the immediate surroundings, including amenities, furnishings, facilities and recreational opportunities, is personal and subjective and may deviate from reality due to interim changes or seasonal influences. Landlord accepts no liability for given descriptions and impressions.
b. The landlord cannot be held liable for damage to persons and / or property suffered by the tenant or co-tenant (s) during or as a result of the presence during the stay. The tenant indemnifies the landlord against claims from third parties. The tenant must arrange for travel insurance that offers adequate cover against such damage.
c. The lessor can only be held liable for damage if this is due to intent or gross negligence on the part of the lessor.
d. The lessor is not liable for faults in and around the accommodation such as, but not limited to, faults and failure of power and water supplies and technical installations.
e It may happen that work is carried out in the vicinity of the rented object, for example road works or construction or renovation activities. The lessor cannot accept any responsibility or liability for any nuisance.
- Without prejudice to the aforementioned provisions, the liability of the lessor, if and insofar as the lessor can be held legally liable for any reason with regard to the lease, is always limited to direct damage and any form of consequential damage is excluded. The lessor’s liability is furthermore always limited to the maximum amount that the lessor’s insurer will pay out in such a case.
5. LIABILITY FOR DAMAGES
Damage that is discovered by the tenant on arrival must be reported to the landlord immediately; if the tenant is in default in this regard, the tenant will be held liable for the damage. A reasonable term within which to rectify damage, malfunction or defect is observed. The tenant is expected to handle movable and immovable property belonging to the rented with care. During the stay, the tenant is liable for damage caused to immovable and movable property: to the home and its furnishings / contents, to the territory and to all items belonging to the rented object and its surroundings. Damage or other damage caused by the tenant / client or co-tenants must be reported to the lessor immediately. The tenant is obliged to do or refrain from doing everything to contribute to remedying / resolving damage, defect or malfunction in equipment, as well as to do everything to keep the damage / malfunction as small as possible. If damage is established by the lessor due to the actions of the tenant or by co-tenants or by guests, the damage amount will be charged. Before or after departure, the landlord or manager may check the accommodation. The lessor cannot be held liable and / or responsible for damage to or inconvenience to, in whatever form and by whatever cause, the tenants or others who are in the rented house or on the associated territory. Nor can any liability or responsibility be accepted by the landlord for damage to property of tenants or others who are in the rented house or on the associated territory. The lessor is not liable for inconveniences arising from interim changes in situations through no fault or knowledge of the lessor. Malfunctions in objects or equipment belonging to the rented property, in power or water supply, as well as malfunctions / nuisance due to events and / or incidents caused by nature or local events and incidents, do not lead to compensation. Likewise, in the event of unforeseeable or unavoidable circumstances such as, for example, orders from above, noise, etc. Complaints that are only reported at the end of the stay or after the rental has been vacated, can never lead to any compensation. The objects present in the house are available to the tenant, but are the property of the lessor. Taking objects from the house leads to invoicing to the tenant. Moreover, the police will be called in in such a case. Tenants are advised to take out insurance.
6. OTHER OBLIGATIONS OF THE TENANT
a. The tenant must behave as a good tenant and must ensure compliance with the house rules by or on behalf of the landlord. If the tenant, after being summoned to do so by or on behalf of the landlord, does not behave as a good tenant, in particular if the tenant, despite warnings by or on behalf of the landlord, causes serious nuisance to the residential environment, the landlord is entitled to cancel the tenancy agreement with immediate effect and terminate and deny the tenant access to the stay. The same right accrues to the lessor if a co-tenant or co-tenants do not behave and cause serious nuisance to the residential environment.
b. The use of the accommodation is by nature of short duration and exclusively intended for holiday purposes. Under no circumstances can the tenant, without the permission of the landlord, assert the right to use outside the specified period on the basis of this rental agreement.
c. The tenant must deliver the accommodation on time and in the same condition as at the start of the rental period, except for normal wear and tear.
d. The tenant will ensure full and correct payment of the additional costs incurred during the rental period, such as, but not limited to, costs for transport and meals.
e. Any complaints arising on arrival or during the rental period must be reported by the tenant, under penalty of forfeiture of all claims, within 24 hours to the contact person designated by the landlord on site and / or by e-mail or by telephone to the lessor within 48 hours. The tenant must give the landlord the opportunity to achieve a suitable solution to the complaint during the rental period.
7. OTHER OBLIGATIONS OF THE LESSOR
The landlord is obliged to make the accommodation available to the tenant on time and in good condition and with inventory.
8. FORCE MAJEURE
In the event of force majeure, both of a permanent and temporary nature, the lessor is entitled to dissolve the rental agreement in whole or in part or to suspend it temporarily without the tenant being able to claim performance and / or compensation. Force majeure includes, but is not limited to: danger of war, war, uprising, terrorist threats, terrorist acts, acts of war, strikes, disruptions in traffic or transport, government measures, natural disasters, pandemics, extraordinary weather conditions and furthermore all outside the sphere of influence of the lessor. special circumstances as a result of which full or partial fulfillment of the rental agreement cannot reasonably be expected from the lessor.
These terms and conditions are exclusively governed by Dutch law. All disputes arising from the booking form / invoice and other written documents or these conditions will in the first instance be settled by the competent court in the Netherlands. None of the parties can transfer its rights and obligations to third parties unless otherwise provided in these terms and conditions. If and insofar as any provision in the booking form / invoice or other written documents and these terms and conditions should appear null and void, the other terms and conditions will remain in force and the invalid item will be deemed to have been converted in such a way that it becomes in accordance with the apparent intentions of the parties.