General Conditions

GENERAL CONDITIONS 2003-1A CONCERNING THE WORKING AGREEMENT WITH THE ACCOMMODATION PROVIDER

ARTICLE 1, INTRODUCTION

1.1 OUT! Holiday Homes adheres to the conditions of Algemene Nederlandse Vereniging van Reisorganisatoren (ANVR). These conditions are on the OUT! website and are available on demand in writing and in english from OUT! and the ANVR;
1.2 If the manner in which the accommodation provider carries out their obligations under this working agreement is in such a way that OUT! cannot fulfill their obligations towards the holidaymaker under the ANVR conditions then the accommodation provider is to be held responsible;
1.3 The holidaymaker if in dispute with OUT! Holiday Homes and the accommodation provider, can take their case to the Dutch courts or the Consumer Association Ombudsman (de Stichting Geschillencommissies Consumentenzaken). OUT! Holiday Homes is obliged to provide jointly as good a defence for the accommodation provider as possible;
1.4 If the ruling of the judge or the ombudsman is as a result of the accommodation provider not adhering to the working agreement then the accommodation provider and not OUT! is responsible.

ARTICLE 2, THE AGREEMENT

2.1 For each accommodation type a working agreement will be drawn up;
2.2 Changes or termination of the working agreement for the coming year is only possible before November 30. Notification of termination of the working agreement must be given by registered letter three months in advance. Both parties must agree changes to the working agreement in writing by 31 August;
2.3 If one party does not comply to the terms of the working agreement then the other party is entitled to terminate or to dissolve the working agreement between times;
2.4 The non complying party shall bear the costs of the early termination or dissolution up to a maximum of 1000,- per working agreement. If the accommodation provider is not complying to the terms of the working agreement then the early termination costs will increase to include the costs involved in future reservations made by OUT! Holiday Homes in case that the accommodation provider will not accept these reservations. These costs for the accommodation provider shall not amount to more than three times the total amount invoiced to the holidaymaker. Parties to the working agreement are obliged to limit the damages as much as possible under the scope of the working agreement.

ARTICLE 3, OPERATIONAL DAMAGES AND LIABILITIES

3.1 The accommodation provider is liable for (complaints about) substandard/technical malfunctions regarding holiday home contents, fittings and garden, and any damages inflicted on the holidaymaker and their possessions. The accommodation provider is responsible for the accuracy of the information for the holiday home and the direct vicinity. OUT! Holiday Homes advises the accommodation provider to take out liability insurance;
3.2 OUT! Holiday Homes ensures that all holidaymakers have damage insurance with a minimum cover of 2500,-. In case of damages OUT! will assist the accommodation provider in dealing with communication between the guest and the insurance company. The accommodation provider will send a damage report - if possible signed by the holidaymaker - together with an objective damage appraisal to OUT! Holiday Homes within 14 days after the stay. In event of damages where a deposit has been paid, the full deposit will be withheld without any regular costs being taken. These will be paid separately by the holidaymaker;
3.3 OUT! Holiday Homes is not liable for the damages mentioned under article 3.2. Only in the case where the holidaymaker is insured through OUT! and the insurance company pays OUT! then OUT! Holiday Homes guarantees payment to the accommodation provider. In the situation where the accommodation provider is not satisfied with the payment (or non-payment) made by the insurance company, OUT! Holiday Homes is only obliged to make available the name and address information of the holidaymaker in order for the accommodation provider or their representative to initiate legal proceedings against the holidaymaker;
3.4 In case of damages and/or shortcomings to the holiday home, furnishings and/or garden the accommodation provider shall immediately call the OUT! alarm number. OUT! is available on a 24/7 basis.

ARTICLE 4, CANCELLATIONS AND CHANGES BY THE HOLIDAYMAKER

4.1 Within the possibilities of the insurance company of OUT! Holiday Homes, OUT! gives the holidaymaker the possibility to take out cancellation insurance;
4.2 In case of cancellation the ANVR-conditions determine the payable percentage of the rental sum. OUT! Holiday Homes is obliged to pay the accommodation provider the same percentage of the rent only agreed for the stay;
4.3 Changes to the reservation contract by the holiday maker is possible 3 months before the stay for holiday homes that sleep up to 9 and 6 months for holiday homes that sleep over 10. Other changes proposed by the holidaymaker are only possible in agreement with the accommodation provider;
4.4 In a situation where a cancelled stay or part of that stay is rebooked by the accommodation provider or OUT! Holiday Homes, then OUT! Holiday Homes is not obliged to pay out for those cancelled and rebooked days: OUT! will refund the holiday maker for the cancelled days;
4.5 OUT! Holiday Homes has the right to give a provisional booking to the holidaymaker binding OUT! and the accommodation provider for 1 week for a reservation up to 6 weeks in advance of the stay.

ARTICLE 5, PAYMENTS

5.1 The moment of payment and the payable reservations will be defined in the working agreement;
5.2 Overdue payments, like eg. last minutes, will be met at the next official payment date;
5.3 Payments and claims regarding complaints, damages, cancellations, etc. will be booked by OUT! on the invoice concerning the reservation. Settlements will be made at the next official payment date;
5.4 OUT! Holiday Homes has the right to settle claims against the accommodation provider with future reservations or invoice them payable within 30 days;
5.5 If the holidaymaker doesn't pay the rental agreement with the holidaymaker will be terminated in accordance with the ANVR-conditions. OUT! Holiday Homes will try to minimise the costs to the accommodation provider by its reminder policy while working together with a debt collection company;
5.6 All bankcosts involved with payments (also abroad) will be carried by the debtor. OUT! will never be liable for interest on accommodation provider claims.

ARTICLE 6, APPLICABLE LAW

6.1 Dutch law is applicable to all agreements with OUT!;
6.2 In case OUT!'s liability is not defined within the working agreement or the general conditions OUT!'s liability will be limited to the payment made by the liability insurance company.