General Terms & Conditions
with effect from 01st January 2023
‘’Under the Oaks’’ (hereby referred to as "the property") is offered by David Alexander Samson and Monique Samson-van der Neut (hereby referred to as "the owners") for holiday rental subject to confirmation by the owners to the tenants (hereby referred to as "the clients"). The contract is between the owners and the clients and is here included as part of the clients’ booking confirmation.
The client who has completed the booking procedure indicates their acceptance of the Terms and Conditions as set out herein. Upon doing so, the client is DEEMED TO HAVE READ,UNDERSTOOD AND ACCEPTED these Terms and Conditions and to have the authority to do so on behalf of all clients in whose names the ultimate booking is made.
- Booking by the clients
When making a booking the clients must complete a deposit payment of 40% of the property rental (excluding security deposit), or full rental amount if the booking is made 56 days or less before arrival date.
A binding contract between the client who completed the booking procedure and the owners will be made once a booking confirmation has been sent to the client by the owners.
The client who has completed the booking procedure is responsible for ensuring that the rental payments are made within the conditions described under Section 1: Paragraph 8 and for ensuring that all members of the party comply at all times with the booking terms & conditions as stated herein. Failure to disclose all relevant information or comply with these booking terms & conditions may lead to termination of the contract & loss of the booking.
Bookings cannot be accepted from clients that are under 25 years of age at the time of booking.
The owners reserve the right to refuse a booking without giving any reason.
- Cancellation by the clients
Any cancellation by the clients for whatever reason must be made in writing to the owners and via email. Cancellation is the date on which the clients request the cancellation of the booking. All cancellations must be confirmed by the owners. Non-payment of the balance of the rent on or ater the due date may be construed by the owners as a cancellation of the contract by the clients.
If the clients request cancellation either before or on the confirmed arrival date, the following refund amount will apply (cancellation requests must be received by the owners before 23:59 UTC by the end dates specified hereunder in order to qualify for the refund percentage indicated):
- more than 42 days before confirmed arrival date - 60% refund (i.e. the deposit is non-refundable)
- 41 to 28 days before confirmed arrival date – 50% refund of the full booking amounts paid
- 27 to 14 days before confirmed arrival date - 40% refund of the full booking amounts paid
- 13 to 7 days before confirmed arrival date – 20% refund of the full booking amounts paid
- 6 days to 0 days (i.e. confirmed arrival date) – No refund
If the owners receive a cancellation from the clients when the balance of the rental has not been received and its due date has been exceeded, the clients will remain liable to pay the balance of the rent, less the refund percentage.
The clients are strongly recommended to arrange a comprehensive travel insurance policy (including cancellation cover) and to have full cover for the party's personal belongings, public liability etc., since these are not covered by the owners’ insurance. If the clients do not hold a valid insurance policy, then it is the clients’ responsibility for any loss that they may incur for their party’s personal belongings, public liability, etc.
Additional ‘Special Circumstances Policy’ due to the COVID-19 Pandemic:
If the owners receive from the clients a cancellation (reason of cancellation including but not limited to sickness of the clients, their families or friends, unwillingness to travel, border closures and government restrictions local to the clients and/or the property, restrictions including lockdowns in force during the time of the clients’ planned travel to or from the property, lockdowns in the countries of the clients’ departures and/or countries that must be transited by the clients whilst travelling to or from the property, or lockdowns in the Netherlands including those locally to the property), the non-refundable part of the total payments already received and subsequently retained by the owners will be held by the owners as a new deposit payment credit towards the rental cost of a future booking by the clients at the property. Any future booking at the property where the clients wish this credit to be used must be confirmed by the owners within a period of 1 year of the clients’ original arrival date at the property.
- Cancellation by the owners
The clients’ booking may be subject to cancellation beyond the owners’ control only in exceptional circumstances. In the extremely unlikely event of cancellation by the owners for whatever reason, the clients will be notified by the owners. If the owners have to cancel the clients’ booking either before or on the confirmed arrival date, a full refund of all rental already paid by the clients will be arranged. The owner’s liability for cancellation will be limited to payments received by them from the clients.
Non-payment of the balance of the rent by the due date will be construed by the owners as a cancellation of the contract by the clients and will therefore subject the clients' booking to cancellation and any refund of the rental rate will be applicable as shown in Section 1: Paragraph 8. The security deposit and end-of-stay cleaning will be refunded. If the owners have to cancel the clients' booking when the balance of the rental has not been received and its due date has been exceeded, the clients will remain liable to pay the balance of the rent, less any refund percentage.
Should the client and their party behave in an inappropriate manner, the owners may at their absolute discretion ask the client and their party to vacate the property without refund of sums already paid, including the value of any unused rental period remaining at the time that the client’s party is asked to vacate the property.
- Client obligations and behaviour
As the property is privately owned, the owners expect all clients to enjoy the facilities and treat the property with the same respect that they would with their own home.
The clients are responsible for the security of the property and the contents during the rental period.
The client who has completed the booking procedure is responsible for the correct, law-abiding behaviour of their party. Should the client and their party behave in an inappropriate manner, the owners may at their absolute discretion ask the client and their party to vacate the property without refund of sums already paid, including the value of any unused rental period remaining at the time that the client’s party is asked to vacate the property.
The clients agree to act in a considerate fashion and to respect and take good care of the property, leaving the property in the same tidy condition in which it was found at the end of the rental period.
The clients also agree not to act in any way that could cause disturbance, distress or offence to residents, including their livestock, in nearby properties, fields and allotments, nor to impair the enjoyment, comfort or health of others in, around or near the property.
Any re-letting, sub-letting of the property is not permitted, even free of charge.
Additional clients greater than the total number agreed by the owners and specified on the booking confirmation may not occupy the property, nor may such additional clients occupy any caravan, campervan, tent, etc. at the outside areas of the property without prior written permission from the owners. The owners reserve the right to charge further rental fees for any such additional clients occupying the property, or for such additional clients occupying caravans, campervans, tents, etc. at the outside areas, whether permission has been granted by the owners or not.
The owners reserve the right to retain an amount from the security deposit to cover extra cleaning costs if the property is left in an unacceptable condition. If there is any damage, breakage, items missing from the inventory, or exceptional consumption of services, an amount to cover this will be retained from the security deposit to cover these extra costs.
Any problem or complaint which the clients may have during their rental of the property must be immediately reported directly to the owners and their representatives. All endeavors will be made to put matters right during the clients’ stay. Any complaints not reported by the clients to the owners and their representatives during the rental period, and only reported by the clients after the end of the rental period will not be considered by the owners.
All contractual obligations arising out of these booking conditions shall be deemed to come into existence in The Hague, and be subject to Dutch law and the exclusive jurisdiction of the Dutch courts. The owners reserve the right to make reasonable amendments or additions to these terms and conditions without notice.
- Liability of owner
The owners shall not be responsible for any personal injury to the clients, or relatives/acquaintances of the clients visiting the property during the rental period, unless this results from the proven negligence of the owners or their representatives.
The owners or their representatives shall not be liable prior to, during or after the rental period for any loss, breach or delay due to any cause beyond their reasonable control, including though not limited to, act of God, explosion, flood, tempest, pestilence, fire, or accident, war, or threat of war, civil disturbance, acts, restrictions, regulations, bye-laws, or measures of any kind on the part of any government or local authority, strikes, lock-outs, or other industrial actions or disputes or adverse weather conditions. In the event of such discharge, the owners’ liability shall be limited to the return of sums paid in respect of the (unused) portion of the property rental, calculated on a pro-rata daily basis.
Neither the owners, nor their representatives, are responsible for any loss, damage or consequential losses due to theft or any other security related incident in or around the property howsoever caused during the clients’ rental period.
The owners or their representatives shall not be responsible for the breakdown of mechanical equipment including but not limited to televisions, decoders and optical media players, refrigeration systems, sound systems, dishwashers, washing machines, washer dryers, ventilation and extractor fans, hobs, heating systems including boilers and radiators, etc, nor for the failure of public utilities including but not limited to water, gas and electricity, blockages within the drainage system, nor for the failure of or technical limitations to the internet service provided in the property. The owners shall also not be held responsible for any consequences related to such breakdown of this equipment, failure of these public utilities or services. The owners or their representatives will take all reasonable steps once notified by the clients in order to ensure the timely repair of this equipment and the reconnection of facilities and services in and outside the property.
The owners or their representatives are not responsible for noise or disturbance originating beyond the boundaries of the property, nor which is beyond their control.
Under no circumstances shall the owners or their representatives’ liability to the clients exceed the amount paid to the owners for the rental period.
- a) The clients must pay the balance so as to arrive no later than 56 days before the commencement of the rental. It is the clients' responsibility to pay the balance before its due date and no balance payment reminders will be sent out by the owners. If the balance is not received by the due date then the rental will be treated as a cancellation. The clients will remain liable to pay the balance of the rent, less the refund percentage.
- b) If the clients make a booking less than 56 days before departure, the full rental charge is payable immediately on confirmation.
Receipt and banking of any deposit shall not constitute acceptance of any booking; a binding contract exists when a confirmation is issued by the owners.
- Rental rates
Rental rates are based on Euro (€) amounts, and will be charged in Euros (€).
The property is let fully furnished, equipped and cleaned throughout before clients’ arrival. The rental rate for the property includes all linen & towels, gas, electricity, water, tourist tax and internet access. There are separate charges for end-of-stay cleaning, extra occupation above 10 persons and pets.
Any chargeable expenses arising during the rental period (for example, bike hire) should be settled locally with the owners in Euro (€) cash.
- Security deposit
A security deposit of Euro (€) 300 is required when making a booking and will be held by the owners in case of damage, breakage, loss and theft from the property and its contents. However, the sum reserved by this clause shall not limit the clients’ liability to the owners.
The client who has completed the booking procedure accepts responsibility for any damage, breakage, loss and theft caused by any member of the clients’ party and agrees to indemnify the owners in full for any damage, breakage, loss and theft that they may incur as a result.
The owners will refund the security deposit (or balance thereof) within 7 days after the end of the rental period.
- Access and keys
The owners or their representatives (including engineers and other maintenance personnel) shall be allowed free access to the property at any reasonable time during the guest occupancy for the purpose of inspection and necessary maintenance.
Once the balance payment and security deposit has been received, the owners will issue access details and directions to the property.
At the end of the rental period, it is the clients’ responsibility to return all keys to the owners. In the event that any keys issued are not returned at the end of the rental, then the cost of replacement (currently Euro (€) 50 per key) will be deducted from the security deposit.
- Arrival and departure
The clients must arrive after 16:00 on the first day of the rental period, and the accommodation must be vacated by 10:00 on the last day of the rental period, unless otherwise specified and agreed upon by the owners. This allows the accommodation to be thoroughly cleaned and prepared for incoming guests. All linen should be removed from the beds, all used towels placed onto the floor of the bathroom, all waste bins in the bedrooms, WCs and bathroom emptied, all lights turned off, all taps, radiators and windows closed and the dishwasher left emptied.
The clients shall leave the barbeques empty of ash and the barbeques (including the cooking grates and tools) in the same cleaned state as found.
- Breakages, damage and breakdown of appliances and services
The clients are requested to treat the facilities & accommodation with due care so that other guests may continue to enjoy them.
The clients shall report to the owners or their representatives without delay any breakage or damage in the property and any defects in the property or breakdown in the equipment, machinery or appliances in the property or outside areas, so that the appropriate action can be taken.
The accommodation will be inspected at the end of the rental period and the clients may be charged for any loss or damage found.
- Linen and towels
Linen and towels are provided for the clients’ use within the property. These are to be used within the property only. Towels are available on request from the owners or their representatives for use outside, including for use at the beach/swimming pool.
The maximum number of clients to reside in the property at any one time must not exceed 12 persons (including children, or babies sleeping in the cots provided, or in cots of the guests’ own).
- Outside areas
Children under 8 years of age must be supervised by their parents and guardians at all times while in the outside grounds.
Usage of the trampoline is at children’s and their parents and guardians’ own risk. Instructions for trampoline use are to be found on the wall of the utility room and should be studied by the parents and guardians of the children using the trampoline.
The clients shall not allow young children in their group to use glass tumblers outside, as any breakages pose a safety risk, including as well to subsequent guests. Plastic crockery, cutlery and beakers are provided for children’s use outside the property.
The clients shall only park in the designated areas at the rear of the property. Public parking spaces are available across from, and in the vicinity of the property. Vehicles must not be driven onto the grass or block the rear driveway.
Domestic pets (specifically, dogs and cats) are allowed with prior notification to the owners before the arrival date. A maximum of three pets or two large dogs are permitted. The clients are requested to refrain from allowing their pets into the bedrooms or onto the furniture anywhere in or around the property, and not to permit their pets to use the gardens around the property as a latrine.
The clients are requested to adhere to the recycling instructions to be found in the house notes and as shown on the recycling containers in and outside the property.
- Security and valuables
The clients must lock the doors and close the windows when the property is left unoccupied. Any valuables left at the property are left at clients’ own risk.
The property is non-smoking and the clients are requested to only smoke outside in the designated areas. This must be strictly adhered to and any damage or extra cleaning caused by smoking will be at the clients’ expense.
- Social events and other functions
Social events and other functions (i.e. weddings, receptions and large parties) are not permitted on the property without prior agreement at the discretion of the owners. Permission will be required for any event to be attended by more than the maximum number of clients that may reside in the property (12 persons in total) and which includes the clients’ party itself. ‘Stag’ and ‘Hen’ parties are strictly forbidden.