General Terms and Conditions Uniek
2. Applicability of the General Terms and Conditions
3. Conclusion of Agreement and making a booking
4. Cancelling or amending the Agreement
6. Financial provisions
7. Arrival and departure times
8. (Use of) Accommodation
9. Park (and Swimming Pool) regulations
11. Pets and smoking
14. Security Deposit
15. Force majeure and modifications
17. Disputes and applicable law
18. Other provisions
Arrival: the starting date of the period for which the Agreement is concluded between the Holiday-Maker and the Entrepreneur.
Accommodation: all holiday accommodation for recreational purposes.
Accommodation Provider: the owner and/or the manager/park manager of the Accommodation to be rented out, appointed by the latter.
General Terms and Conditions: these Terms and Conditions applicable to all Agreements concluded for the rental of an Accommodation from the Accommodation Provider between the Holiday-Maker and the Entrepreneur.
Facilities: all installations inside or outside the Parks, which may be used on the basis of the agreement.
Guests: all persons who fall under the definition of Holiday-Makers and Accompanying Holiday-Makers, making use of the Accommodation and/or the Installations of the Parks, as well as any visitors to the Park.
Accompanying Holiday-Makers: the persons who are registered by the Holiday-Maker when making the booking and/or are part of the travel party.
Entrepreneur: the party with whom the Holiday-Maker enters into an Agreement. This is indicated at the bottom of the cost statement.
Agreement: the Agreement for renting an Accommodation with the accompanying General Terms and Conditions.
Park: the park in which an Accommodation is located.
Park Regulations: the regulations that the Accommodation Provider applies to the Park.
Holiday-Maker: the (legal) person who makes the booking and enters into the Agreement. Travel price: the rental price for the Accommodation, including any discounts and excluding any additional costs.
In writing: by letter or email.
Departure: the end date of the period for which the Agreement is concluded between the Holiday-Maker and the Entrepreneur
Security Deposit: an amount that may be charged as an advance payment for any damage/extra cleaning that is caused during the stay by (the actions of) the Guest. Any outstanding items can also be set off against the Security Deposit. In case of disturbances, these can also be recovered from the deposit. The Security Deposit will be refunded within 10 days after departure, provided that the account number of the Holiday-Maker has been provided and that no damage as indicated above has been ascertained.
Website: the website(s) of the Entrepreneur used to make the Agreement.
Where a definition is formulated in the singular, it also applies to the plural and vice versa.
GENERAL TERMS AND CONDITIONS UNIEK PARKEN
2. Applicability of General Terms and Conditions
These General Terms and Conditions shall apply to all Agreements between the Entrepreneur and the Holiday-Maker concerning the rental of Accommodation. These Terms and Conditions are an inseparable part of the Agreement.
These General Terms and Conditions apply regardless of your (prior) reference to any of our own terms and conditions or to any other General Terms and Conditions. The Entrepreneur rejects all General Terms and Conditions to which you refer or which are used by you.
Agreements deviating from these General Terms and Conditions are only valid if agreed in writing.
3. Conclusion of Agreement and making a booking
An Agreement for the rental of accommodation is concluded by means of an offer and acceptance. This Agreement can be made at the reception desk of the Park or by making a booking.
An Agreement can only be entered into by a Holiday-Maker who is 25 years of age or older. In case the Holiday-Maker is younger than 25 years old, the Entrepreneur may set additional terms and conditions. In the event that the Accompanying Holiday-Makers of the Holiday-Maker are under 25 years of age, the Holiday-Maker shall be required to be present with those Accompanying Holiday-Makers during the entire stay.
Accommodation can be booked online or by telephone. These two methods of booking are binding on both parties.
• An Agreement is concluded if:
a) The Holiday-Maker agrees with these General Terms and Conditions;
b) The Holiday-Maker fills in all required data to make the online booking and then finalises the booking by clicking on the button "Confirm and go to payment provider", and;
c) The Entrepreneur has confirmed the booking with the Holiday-Maker in writing.
• Each receipt of a booking made through the Website will be confirmed by an email to the Holiday-Maker, which means that the booking has been received and processed. This makes the booking binding for the Holiday-Maker.
• In case the Holiday-Maker has not received a confirmation of receipt by email, it is possible that something went wrong with the booking and the Holiday-Maker should contact the Entrepreneur.
Book by phone
The Holiday-Maker can also make a booking by phone.
With a telephone booking, an Agreement comes into force immediately.
After verification and processing of the booking made via the Website or by telephone, the Holiday-Maker shall receive a cost statement from the Entrepreneur by email (or by post if so requested by the Holiday-Maker). If this cost statement is not received within 24 hours after the booking, the Holiday-Maker must contact the Entrepreneur, before which time the Holiday-Maker may not make a claim on the booking. Any inaccuracies in the cost statement must be reported to the Entrepreneur within 24 hours.
Right of withdrawal
Bookings made are irrevocably binding on the Holiday-Maker. A right of withdrawal (the so-called cooling-off period) as referred to in the Dutch Civil Code does not apply to services concerning the rental of Accommodation.
• The Holiday-Maker must be at least 25 years old at the time of booking.
• The Holiday-Maker is liable for all Accompanying Holiday-Makers who are registered and with him/her, as well as for all Guests who visit the Holiday-Maker in the Park.
• All correspondence shall be conducted via the Holiday-Maker's details.
4. Cancellation or amendment of the agreement
When booking your holiday, you can take out short-term cancellation insurance. You can make this insurance payment when booking and shortly afterwards via the Park. A short-term cancellation insurance not only applies before departure, but also during your stay.
You pay a premium, policy costs and insurance premium tax for this insurance. A detailed explanation and general terms and conditions are visible during booking and can be requested via www.uniekparken.com/contact.
Cancellation by the Holiday-Maker
It may occur that the holiday has to be cancelled due to unforeseen circumstances. In this case, the Holiday-Maker, or someone appointed by the same, must inform the Entrepreneur in writing or by telephone (during office hours). In most cases, a cancellation or change is subject to costs.
Without cancellation insurance or with cancellation insurance and without valid reason for cancellation (without coverage), the following cancellation conditions apply. The fees for cancellations owed by the tenant to the Entrepreneur amount to:
• In case of cancellation until the 92nd day (exclusive) before arrival: 15% of the rent, plus €25.00 administration costs, booking costs and preliminary costs;
• In case of cancellation from the 92nd day (inclusive) until the 62nd day (exclusive) before Arrival: 50% of the rent, plus €25.00 administration costs, booking costs and preliminary costs;
• In case of cancellation from the 62nd day (inclusive) until the 31st day (exclusive) before arrival: 75% of the rent, plus €25.00 administration costs, booking costs and preliminary costs;
• In case of cancellation from the 31st day (inclusive) until 1 day (inclusive) before Arrival: 90% of the rent, plus €25.00 administration costs, booking costs and preliminary costs;
• In case of cancellation on the day of Arrival or later: 100% of the rent plus €25.00 administration costs, booking costs and preliminary costs;
Failure to arrive within 24 hours of the agreed date without further notice will be considered a cancellation.
Cancellation by the Entrepreneur
In case of force majeure or unforeseen circumstances, the Entrepreneur is entitled to cancel the booking. Unforeseen circumstances and force majeure include:
a. That the Accommodation is no longer suitable for rental (for example: due to flooding, fire or default of the Accommodation Provider).
b. That the Accommodation is no longer available (for example due to a sudden sale of the Accommodation by the Accommodation Provider, a double booking or a bankruptcy of the Accommodation Provider).
The Entrepreneur informs the Holiday-Maker of this immediately, stating the reason, by telephone or In Writing. In this case, the Entrepreneur will try to offer an equivalent Accommodation for the same Travel Sum. If no suitable alternative can be offered, or if the Holiday-Maker does not agree to the alternative offered, the Entrepreneur shall repay the Travel Sum already paid in full or in part without being obliged to pay any compensation to the Holiday-Maker.
After the conclusion of the Agreement, the Holiday-Maker may request changes to the booking made, insofar as these are possible in the opinion of the Entrepreneur and/or the Accommodation Provider.
• On behalf of the Accommodation Provider, the Entrepreneur will charge €35 per booking for such changes.
• In the event of changes to the Accommodation, the cancellation conditions shall apply in full, with the initial booking being taken as the basis for the periods.
• In the event that changes are desired, the Holiday-Maker must inform the Company thereof in writing.
• If a change is not possible, the former booking remains valid. The Entrepreneur shall inform the Holiday-Maker as soon as possible after the request for change.
Neither the Entrepreneur nor the Holiday-Maker is permitted to make the holiday residence available for use by other persons than those mentioned in the Agreement, unless explicitly agreed upon otherwise. The terms and conditions under which the authorised entry into service takes place shall be regulated in advance by a separate agreement.
If you and/or one or more of your travelling companions are replaced in this way, you and the persons replacing you and/or your travelling companions shall remain jointly and severally liable to the Entrepreneur for the payment of the outstanding part of the rental price, the alteration costs and any additional costs resulting from the replacement.
In the event that the booking is transferred in its entirety to a third party, the Holiday-Maker must inform the Entrepreneur thereof in writing. A change fee is charged for these changes. Amounts already paid shall be deemed to have been paid by the acquiring party. The transferring and acquiring parties must arrange this among themselves.
The prices on www.uniekparken.com are not binding. The Entrepreneur reserves the right to change these prices, for example due to (but not limited to) a change in energy prices and/or an error in the system. When booking, you will be informed of the then-current price. Price reductions and/or special offers can no longer be used if the confirmation/invoice has been sent by the Entrepreneur.
Price reductions and/or special offers can no longer be used if the confirmation of the booking/invoice has been sent by Entrepreneur. All discounts are not to be combined with other discounts.
In the case of rebooking, the booking after amendment must not be cheaper than the original booking. The original terms of payment shall continue to apply, as shall the cancellation terms of the original booking date, unless otherwise agreed.
Travel Sum and costs
A combination of discounts is not possible
• The Entrepreneur reserves the right to change the price of the trip if increases in government levies or taxes give cause to do so.
• Any discount offers do not apply to existing/ready-made bookings
All prices are inclusive of VAT where applicable, unless stated otherwise.
6. Financial provisions
After receiving the cost statement/invoice, the following costs must be paid: Within 14 days: 40% of the invoice, the remaining amount must be received by the Entrepreneur 6 weeks before arrival.
• If the Holiday-Maker books within 6 weeks before arrival, the total invoice must be paid immediately.
• If the Holiday-Maker books within 6 weeks before arrival, the total invoice must be paid immediately.
• In the event of late payment of the amounts invoiced to you, you will be in default. You will be notified of this by Entrepreneur in writing and will then still have the opportunity to pay the amount due within 7 days.
• If payment is still not made, the Agreement will be deemed to have been dissolved (cancelled) with costs on the day the 7-day term has expired and you will be liable for all damages suffered or to be suffered by the Entrepreneur as a result, including all costs incurred by the same in connection with your booking and the cancellation.
• The Entrepreneur shall in any case be entitled to charge a cancellation fee. Any amounts already paid will be offset against these cancellation charges and any compensation for other losses.
7. Arrival and departure times
The Accommodation is available from 3:00 p.m. on the day of arrival. On the day of departure, you must leave the Accommodation before 10:00 a.m.
Each Accommodation may only be occupied by the number of persons stated on the website for the relevant Accommodation. Unless agreed otherwise.
In the event of late arrival or early departure, the fees for the entire booked period remain due.
8. (Use of) Accommodation
Condition of the Accommodation and nature of use
• The Accommodation shall be made available to the (Accompanying) Holiday-Maker(s) in good condition. In the event that the (Accompanying) Holiday-Maker(s) is/are of the opinion that this is not the case, this must be reported immediately to the Park reception desk.
• The Holiday-Maker shall be obliged to treat the Accommodation and its inventory with care. The tenant shall leave the rented premises in a clean and tidy condition upon departure. All damage caused to the Accommodation by the Holiday-Maker or Accompanying Holiday-Makers must be reported to the Park reception by the Holiday-Maker before departure and must be paid for immediately. • If the Accommodation is not left clean or damaged, the Entrepreneur is entitled to set off damages against the deposit.
• The Accommodation may only be used by the tenant for recreational purposes, unless expressly agreed otherwise in writing. Recreational purposes shall not include the use by the tenant of the Accommodation during the period that one or more of the users of that Accommodation performs work, regardless of whether it is paid or unpaid and regardless of whether it takes place in employment or outside employment. Permanent residence is not permitted.
Maximum number of persons allowed
The use of the reserved accommodation by more than the maximum number of persons allowed in the Accommodation (including children and babies) as stated on the
Website is not allowed. In such a case, the Entrepreneur may deny the (Accompanying) Holiday-Maker(s) the use of the Accommodation. The latter is not entitled to a refund.
It is not permitted to receive visitors or have them stay overnight without the prior consent of the Entrepreneur.
9. Park and Swimming Pool regulations
All Guests must strictly comply with the rules and regulations contained in the General Terms and Conditions, the Park Regulations and the Swimming Pool Regulations, following the instructions of the Park Manager/administrator and/or any security personnel in any form or context. These regulations can be obtained from the reception desk. This also applies to the rules for using the Facilities.
Violation of these terms and conditions and failure to follow the instructions of the personnel may result in removal from the Park, whereby access to the Park shall be denied without the Holiday-Maker having any right to full or partial restitution of the (rental) sums paid or still to be paid, without prejudice to the right of the Park Manager to claim damages for the loss caused by the violation.
In general, a warning will be given first. In urgent cases, to be judged by the Park administrator/manager, this may be waived and the Holiday-Maker and/or Guest will be immediately removed and denied access to the Park. The Park Manager reserves the right to charge an additional deposit in the event of a (first) warning.
In cases not covered by the General Terms and Conditions or these Park Regulations, the manager/administrator of the Park will decide.
Visitors are welcome and should report to reception on arrival. They are expected to have left the park before 11:00 p.m. Deviation from this is only possible with the approval of the Park Manager. If visitors wish to stay overnight, they should report this to Reception. They are registered as guests and a charge is made for them. The Park reserves the right to refuse guests. Visitors must comply with the rules set out in these Regulations.
The Holiday-Maker and Accompanying Holiday-Makers with their possible Guests shall observe the obligations laid down in these General Terms and Conditions and the Park Regulations.
Non-fulfilment of these obligations shall be considered as an attributable breach in the fulfilment of the Agreement, resulting in the obligation of the Holiday-Maker to pay damages to the Entrepreneur. This also gives the Entrepreneur the right to dissolve the Agreement.
11. Pets and smoking
If you wish to bring a maximum of 2 pets, please state this when booking. There is a surcharge for this. The Entrepreneur reserves the right to refuse pets in the Park without giving reasons. Pets are not permitted in some types of bungalows.
• The undeclared bringing of pets can be a reason for the Entrepreneur to deny access to the Park and/or the Accommodation.
• Pets are not allowed to enter water features, swimming pools and any other public areas in the park, unless otherwise stated. Non-caged
• pets must be kept on a leash at all times, except inside holiday accommodation
• Pets must not disturb other guests in the park in any way. If, despite warnings from the Entrepreneur, a nuisance continues to exist, the Entrepreneur has the right to remove you from the park immediately, without restitution of the rent or any part thereof.
• The Holiday-Maker is and shall remain liable at all times for any damage caused by the pet to the Accommodation or the Park.
• Pets are to be walked in the designated areas. If there are no such areas, pets must be walked outside the Park in the permitted areas. In the event of "accidents", the person accompanying the dog is responsible for removing it.
• Please bring your own dog baskets and other necessary items. Dogs are not permitted on the upper floors of the bungalows and must under no circumstances
be left alone in the bungalows intended for pets. The (Accompanying) Holiday-Maker(s) is/are responsible for complying with all legal requirements concerning the bringing and staying of pets.
Smoking is prohibited in the bungalow(s). There are no special smoking bungalows available. Smokers are required to smoke outside the bungalow and to dispose of any waste accordingly. Smoking in the doorway is also not permitted. If this is done, the Entrepreneur reserves the right to recover from the tenant the relevant cleaning costs, which fall outside the normal cleaning costs.
Opening hours and costs
On our website, as well as in the Park information booklet, information is provided on the Facilities that are offered, including opening hours and any charges. If there is no charge for using the Facilities, this does not mean that the use of these Facilities is free.
The Entrepreneur reserves the right to make changes to the set-up and opening hours of the Park's facilities. In order to carry out necessary maintenance, you shall allow work to be carried out on the accommodation or other facilities during your stay, without being entitled to compensation.
• The Entrepreneur and the Accommodation Provider shall not be liable for loss and/or theft (including money), damage to property, or damage or injury caused to the (Accompanying) Holiday-Maker(s) by whatever cause.
• The use of the Accommodation and of all facilities and services in the Park is at the risk of the (Accompanying) Holiday-Maker(s).
• The Entrepreneur accepts no liability for unexpected (construction) activities in the vicinity of the reserved Accommodation, work on access roads and/or main roads, noise nuisance caused by neighbours, church bells, fireworks, cars, trains or agricultural machinery, nuisance caused by vermin and environmental problems in the vicinity of the Park and/or the Accommodation.
• The (Accompanying) Holiday-Maker(s) is/are expected to be aware of the local laws and regulations. The Entrepreneur is not liable for the consequences of a possible violation thereof by the (Accompanying) Holiday-Maker(s).
• The furnishing/layout of the Accommodation may vary.
Liability of the Holiday-Maker
• During the stay, the Holiday-Maker shall be liable for any damage caused during the stay to the Accommodation, its furnishings and all items belonging to the booked Accommodation, irrespective of who caused the damage. The settlement of these damages should firstly take place between the Accommodation Provider and the Holiday-Maker.
• By concluding the Agreement, you agree to indemnify the Entrepreneur against all claims for damages from third parties, which are (partly) the result of any act or omission by yourself, your (Accompanying) Holiday-Makers or third parties who are present at the Park with your permission.
• In the event of improper use or abandonment of the Accommodation, including but not limited to excessive mess, additional costs will be charged, which you will be obliged to pay.
14. Security deposit
The Entrepreneur will charge a deposit of at least €100.00 per accommodation. You are required to pay this deposit, failing which the Entrepreneur may deny you use of the Accommodation.
If you fail to pay the deposit, the Entrepreneur is entitled to terminate (cancel) the Agreement with immediate effect without refund.
The deposit will be refunded if you leave the Accommodation in good order, in compliance with all the provisions of the Park Regulations, General Terms and Conditions and departure procedure. Any claims for compensation shall not be invalidated by this refund.
15. Force majeure and modification
Force majeure on the part of the Entrepreneur exists if the performance of the agreement is fully or partially, temporarily or otherwise, prevented by circumstances beyond the Entrepreneur's control, including in any case staff strikes, blockades, fire, epidemics, natural disasters and other disruptions and/or events. The Company shall be entitled to provide the tenant with equivalent replacement accommodation if the rented property is not available due to force majeure and/or other circumstances. In such a case, the tenant will never be able to sue the Entrepreneur.
The Entrepreneur shall at all times be entitled to terminate the Agreement with immediate effect, if personal details are incorrectly provided during the booking process. In such a case, there will be no refund of the rent or any part thereof.
If a Guest has a complaint during his/her stay at the park, this can be reported to the reception desk and/or the Park Manager, in order to give the Entrepreneur the opportunity to resolve this complaint. If the complaint is not satisfactorily resolved, it can be made in writing up to 14 days after the date of the booking via www.uniekparken.com/contact. This must include the complaint, any booking number, the Guest's contact details and any other information which the Entrepreneur may find useful in the process. However, a complaint shall never give rise to liability beyond that which is provided for in these General Terms and Conditions.
17. Disputes and jurisdiction
All disputes between you and the Entrepreneur relating to or arising from or otherwise connected with the Agreement and/or these General Terms and Conditions shall be settled by a competent court.
Disputes about the Agreement may only be submitted to a competent court. In the event that the Holiday-Maker is a natural person, who does not act in the exercise of his/her profession or business, the Holiday-Maker shall be granted a period of at least one month, after the Entrepreneur has invoked this provision in writing, to choose in writing the competent court for resolution of the dispute.
Dutch law shall apply to Agreements concluded, amended or supplemented on the basis of these General Terms and Conditions.
18. Other Provisions
The Holiday-Maker is responsible for providing the correct contact details and shall immediately report any change in his/her contact details to the Entrepreneur.
Bookings for groups and young people;
Bookings for groups, including associations, schools and foundations, can be made via www.uniekparken.com/contact.
Special conditions may be imposed, for example, on the accompaniment and on the accommodation in relation to each other, while the purpose and size of the group may in some cases mean that a group is not accepted.
Groups/young people must make themselves known in advance when booking and will only be accepted under strict additional conditions. In the case of groups of young people, a deposit of at least €200.00 per bungalow is always required.
• Young people are understood to mean the main person as well as his/her travelling companions who are under 25 years of age.
• Groups are defined as more than 10 persons belonging together.
• The Entrepreneur reserves the right to request an additional deposit in certain situations and periods. On this basis, the Entrepreneur is entitled to charge each Group (or Family) a deposit of between €50.00 and €500.00 per person.
• The Holiday-Maker who has booked for a Group is requested to report at all times to the reception upon arrival of the Group. The Entrepreneur shall (may) ask him/her to show identification and also (may) request that he/she provide the names of the Group members. In addition, a deposit of €50.00 to €500.00 per person must be paid.
• Every Guest is obliged to show proof of identity upon the first request of the Entrepreneur or the (security) staff.
• Guests accept community norms and shall not engage in any activity that could be polluting, dangerous, harmful, disturbing, unhealthy and/or a nuisance to the environment.
• There is also a security service at the Park. Instructions from staff (including this security service) must be followed immediately.
• If upon arrival or during the stay, it is found that there are unaccompanied youths (persons who have not yet reached the age of 25 and are travelling without their parents and/or guardians or other persons accompanying them who are 25 years of age or older), while the booking was made by a third party who is 25 years of age or older, the Entrepreneur reserves the right to terminate the Agreement with immediate effect, without restitution of the Travel Sum.
• A Holiday-Maker who books and all the Accompanying Holiday-Makers are under the age of 25 must accompany the Group at all times. As soon as it is established that this Holiday-Maker has not arrived or has left earlier, for whatever reason, the Group will be regarded as "unaccompanied youths" and will be treated as such in accordance with the General Terms and Conditions and these Park Regulations.
Obvious typing or placement errors are not binding on the Entrepreneur. These General Terms and Conditions cancel all previous publications. These Terms and Conditions have been filed at the Chamber of Commerce.