1. Definitions

1.1. (Main) tenant: a natural or legal person entering into a rental agreement with the lessor in respect of Casa Benissa
1.2. Co-tenant: the person who stays in the dwelling together with the (main) tenant.
1.3. Landlord: the natural or legal person who lets Casa Benissa to the Tenant.
1.4. The agreement: the rental agreement between the landlord and the (main) tenant.
1.5. The general terms and conditions: the present general terms and conditions applied by the lessor.
1.7. The Website: the Landlord's website with internet address www.casabenissa.nl.

2. Applicability of general terms and conditions

2.1 The general terms and conditions apply to the agreement as well as to all offers, quotations, agreements with and services of the lessor, unless the parties expressly agree otherwise.

3. Agreement

3.1. The agreement is established between the landlord and the tenant.
3.2. If the agreement is concluded via the website, the agreement is concluded by issuing the booking order. If the agreement is concluded by telephone, the agreement comes into effect at the moment the booking order is given to the lessor by the lessee by telephone. The lessor confirms a booking via the website by e-mail within 48 hours of the booking order. Other bookings will be confirmed by the lessor as soon as possible.
3.3. The confirmation shall also include the name and contact details of the lessor.
3.4. If the confirmation contains inaccuracies, the lessee must report this to the lessor within two working days of the reservation.
3.5. Landlord is entitled to refuse a booking.
3.6. Reservation is only final upon receipt of deposit, which must be paid no later than 5 days after reservation.

4. Rent and payment

4.1. Unless otherwise agreed, the rental fee is:
- based on the rental price level of the property applicable during confirmation;
- including sales tax.
- excluding the cost of cleaning, bed linen, tourist tax and deposit; these are calculated separately and are also listed on the confirmation.
4.2. The (main) tenant shall pay 50% of the rent by deposit or transfer to the bank account stated on the confirmation within eight calendar days from the date of the confirmation referred to in article 3.2.
4.3. The remaining rental sum must be paid to the lessor no later than six weeks before the start of the rental period in the manner specified above under clause 4.2.
4.4. For bookings within six weeks before the start of the rental period, the entire rental sum must be transferred within five days of the date of the confirmation in the manner specified above under Article 4.3.
4.5. For bookings within ten calendar days before the start of the rental period, the entire rental sum must be transferred by urgent transfer in the manner mentioned above under Art. 4.3. above. In any event, the rental sum must be credited to the bank account stated in the confirmation no later than 3 days before the start of the rental period.
4.6. If the agreed term of payment is exceeded, the (main) tenant shall be in default from the day on which that term has expired, without any further notice of default being required on the part of the lessor. The lessee shall owe statutory interest from that time.
4.7. Once the lessee is in default, the lessor is entitled to cancel the agreement. In that case, the tenant shall owe the cancellation fee as described in 5.2.
4.8. The judicial and extrajudicial costs incurred by the Landlord in relation to the collection of the amount owed to the Landlord and not paid - on time - shall be borne by the (main) Tenant. The extrajudicial costs shall be set at 15 % of the principal amount of the claim, unless this amount, considering the collection work and the amount due, is unfair. Judicial costs shall be subject to the actual costs reasonably incurred.

5. Cancellation

5.1. The (main) tenant is entitled to cancel a booking in writing, free of charge, no later than five working days after booking, unless the stay is within one month of booking.
5.2. After expiry of the period mentioned in 5.1, the Tenant shall only be entitled to cancel in writing against payment of the following cancellation charges:
a. no cancellation charges up to 90 days before the day of arrival.
b. for cancellations between 90 days and 45 days before arrival, the deposit will be charged as a cancellation fee.
c. for cancellation less than 45 days before the day of arrival: the full rental price.
5.3. Cancellation of a booking by the (main) tenant also counts as cancellation for co-tenants.
5.4. A cancellation made on a Saturday or Sunday or on a public holiday applicable in the Netherlands shall be deemed to have been made on the next working day applicable in the Netherlands.
5.5. A request for cancellation of the agreement referred to in Articles 5.1 to 5.4 must be addressed to the lessor.

6. Smoking

6.1. Smoking is not allowed in the property.

7. Pets

No pets are allowed in the holiday home unless previously agreed in writing with the lessor. (Main) tenant must clean up "traces of use" before departure.

8. Stay (house rules)

8.1. The day of arrival and departure are stated on the booking confirmation. The day of arrival is a Saturday.
- Casa Benissa is available from 16:00.
- On the day of departure, you must have left the holiday home by 10:00 am.
8.2. A reservation can only be made by persons aged 25 or over.
Casa Benissa has the right to refuse a reservation in connection with age or composition of the group of tenant(s) or because Casa Benissa has grounds to believe that tenant will not fulfil the obligations under this Agreement or otherwise behave as a good tenant.
8.3. To carry out necessary garden and pool maintenance, the tenant will tolerate without entitlement to compensation any work being carried out on the holiday home or other facilities during his stay.
8.4. It is not allowed to use the holiday home for commercial purposes or as a party location. After 23:00 C.E.T. must be quiet. The tenant is prohibited from causing nuisance to the residents of neighbouring houses by making music or noise. In case of nuisance and failure to respect the night's rest or general rules of conduct, such exclusively at the discretion of an employee of Casa Benissa, the lessor has the right to terminate the agreement with immediate effect and deny the tenant and co-tenants access to the holiday home, without refund.
8.5. Tents, Caravans, campers etc. are not allowed at the holiday home without the express consent of the landlord.
8.6. No open fire is allowed outside. Barbecuing is only allowed on any barbecues belonging to the holiday home and on electric grills.
No grease marks or other stains should be left behind. The barbecues present must be left clean again.
8.7. Household rubbish: You are expected to separate household rubbish, bottles, paper etc. yourself in the designated containers along the street
8.8. You must leave the (outdoor) kitchen and the house clean.
8.9. The landlord is not liable for any Internet connection becoming inoperative.
8.10. To prevent blockages, the flushing of items that do not belong in the toilet is not allowed.
8.11. Moving cabinets, sound or television equipment or taking out any part of the indoor inventory - except crockery - is expressly not allowed.

9. Liability of tenant(s)

The (main) tenant shall be liable to the lessor for all loss and/or damage arising to the lessor during the rental period of the holiday home as a result of the stay, regardless of whether such damage was caused by acts or omissions of the (main) tenant and/or co-tenants, or by third parties who are in the holiday home through their actions, or by any animal or property in their possession.

10. Complaints and liability

10.1. Any defects in the property discovered by the tenant must be reported by the tenant to the landlord without delay and within 24 hours of their occurrence or discovery.
10.2. If the defect concerns a property or condition of the dwelling not attributable to the tenant, as a result of which the dwelling does not provide the tenant with the enjoyment that the tenant was entitled to expect on the basis of the agreement, the landlord shall be obliged to repair the defect. The tenant must always give the landlord the opportunity to repair any defects.
10.3. If, in the opinion of the tenant, the complaint is not adequately resolved by the landlord, the landlord may and financial settlement with the tenant.
10.4. The landlord shall not be liable insofar as the tenant has been able to recover any damage from insurance, such as travel insurance or cancellation insurance.
10.5. The liability for damages and costs that the lessee may suffer in the exercise of his profession or business is excluded, except for intent or gross negligence of the lessor.
10.6. Without prejudice to the provisions in the previous paragraphs of this article, the lessor's liability for damage other than caused by death or injury of the lessee shall be limited to a maximum of one time the travel sum, unless there is intent or gross negligence on the part of the lessor.

11. Dissolution of the agreement

11.1. The lessor is entitled to terminate the agreement in writing or by e-mail with immediate effect and to demand the immediate eviction of the dwelling, if the lessee seriously neglects his duty of care for the dwelling, if he lodges more or other persons and/or animals in the dwelling than permitted according to the agreement, if he stays in the dwelling for longer than the agreed time or if he causes damage to the dwelling, if he causes a nuisance, or otherwise fails to fulfil his obligations as a good lessee. In such a case, the tenant shall not be entitled to a refund of (part of) the rent, and the tenant shall be obliged to compensate the landlord for the damage suffered by the landlord as a result of the tenant's acts or omissions.
11.2. If the lessor cannot deliver the property due to circumstances beyond his control, the lessor shall be entitled to dissolve the agreement. In that case, the tenant will be refunded his rent but will not be entitled to any compensation for costs or damages.

12. Final provisions

12.1. The tenant is not allowed to sublet the property or otherwise give it in use or make it available to third parties.
12.2. If the lessor does not rely on any provision of the general terms and conditions in any case, or deviates from them, this does not mean that he will no longer be able to rely on these general terms and conditions in the following cases.
12.3. All offers, agreements and the performance thereof, to which these general terms and conditions relate in whole or in part, shall be governed exclusively by Dutch law.