The Oude Pastorie Lisse BV
Articles of a general nature and meaning.
Article 1. General / Definitions
In these terms and conditions the following definitions are defined:
The legal person or company that makes its business as a small-scaled accommodation for one or more overnight stays. In this case: Bed&Breakfast The Oude Pastorie Lisse BV.
Manager/supervisor or the person who represents the accommodation when concluding and executing an agreement.
1.3 Recreation accommodation
The Oude Pastorie as an accommodation that provides overnight stays, food & drinks, facilities and everything that relates to the activities and services of the Bed&Breakfast.
The legal person or company that entered into an agreement with Bed&Breakfast The Oude Pastorie.
The legal person(s) to whom one or more overnight stays must be granted, based upon the agreement concluded by the customer. This applies to adults and (if approved by the host) also children. The customers is also a guest.
1.6 Overnight stay agreement/reservation
An agreement between an accommodation and a customer regarding one or more overnight stays to be provided by The Oude Pastorie at a price to be paid by the customer. The term “reservation” is also used instead of the term “overnight stay agreement”.
1.7 Reservation Price
The price of the overnight stay, which is equal to the total turnover expectation of The Oude Pastorie, including any tourist tax and VAT based upon the reservation agreement concluded with a customer.
When none of the guest(s) shows up, while no cancellation has been made based upon the overnight stay(s) according to their reservation. In this case, the guest(s) simply did not show up.
A group of 2 or more guests to whom the overnight accommodation has been granted based upon one or more (coherent) reservation agreements.
Any person who can be considered as a guest or customer, that does not belong to a group according to the above definition.
The written notification by the customer to the accommodation that one or more agreed overnight stays will not be fully or partially used, or the written notification by the accommodation to the customer that one or more agreed overnight stays will not be provided in whole or only in part.
1.12 Turnover guarantee
A written statement from the customer that a minimum amount of turnover will be paid by them at/to the accommodation, based upon one or more reservation agreements.
Article 2. Applicability
2.1 These general terms and conditions apply to all offers, quotations and all agreements and services concluded by the accommodation and all other actions performed by the overnight accommodation based upon any agreed reservation(s).
2.2 By making a reservation for a minimal of one overnight stay, the customer declares that he or she has read the general terms and conditions of Bed&Breakfast ‘De Oude Pastorie’ and that he or she has agreed with these terms and conditions.
2.3 All offers are without obligation, unless explicitly stated otherwise in written words.
Article 3. Realization of overnight agreement(s)
3.1 The Oude Pastorie may refuse the conclusion of an overnight stay agreement at any time and for any reason, unless such refusal takes place exclusively on one or more grounds that have been qualified as discrimination in Article 429c of the Criminal Code.
3.2 All offers made by The Oude Pastorie with regard to the conclusion of an overnight stay agreement are without obligation and subject to the proviso “as long as the capacity extends”. If The Oude Pastorie invokes the placed reservation within a reasonable period after acceptance by the customer, the intended accommodation agreement is deemed not to have been concluded.
3.3 An overnight stay agreement for guest(s) placed by intermediaries (such as travel agents, Online Travel Agents (OTA), other booking websites, colleague, acquaintance or family member), whether or not in the name of their relationship(s), are also considered to be at the expense and risk of these intermediaries. The Oude Pastorie does not owe any commission, whatever the name or intermediary, unless explicitly agreed otherwise in written form. The guest(s) and the intermediaries are mainly liable for the payment of the amount due.
Article 4. Right of First Refusal
4.1 An right of first refusal is the right of a customer to conclude the overnight agreement based upon the acceptance of a valid offer from Bed&Breakfast The Oude Pastorie.
4.2 A right of first refusal can only be granted in writing form. This right can be agreed for a specific or indefinite period. It expires if the option holder has indicated that he does not wish to make use of the right of first refusal or if the specified duration has expired without the option holder, having indicated that he wishes to make use of the right of first refusal.
4.3 A right of first refusal cannot be revoked by The Oude Pastorie, unless another potential customer makes an offer to The Oude Pastorie to conclude the overnight stay agreement with regard to the total or part of the optionally overnight stay. In that case, the option holder must be notified about this offer in written form, after which the option holder must indicate within a period to be determined by The Oude Pastorie whether or not he or she wishes to use his right. If the option holder does not indicate within the specified period that he wishes to make use of this right, the right of option will expire.
Article 5. General rights and commitment of The Oude Pastorie
5.1 The Oude Pastorie is obliged to provide the agreed services at the agreed times in the usual way based upon the agreed reservation(s), without prejudice of the following articles.
5.2 The Oude Pastorie is entitled to terminate the provision of the overnight stay(s) to a guest at any time without notice, when the guest(s) violates the house rules, code of conduct or otherwise behaves in such a way that order, tranquility or privacy in The Oude Pastorie or its normal exploitation is disrupted. The guest must then leave The Oude Pastorie immediately. If the guest does not fully comply with the obligations that he or she has towards The Oude Pastorie for whatever reason, then The Oude Pastorie is entitled to suspend the service and terminate the remaining overnight stay(s). The Oude Pastorie may only exercise these powers when the nature and seriousness of the violations committed by the guest has given sufficient reason to do so the reasonable opinion of The Oude Pastorie.
5.3 After consultation with the competent authority, The Oude Pastorie is entitled to dissolve the accommodation agreement extrajudicially due to well-founded fear of disturbance of public order. If The Oude Pastorie makes use of this authority, The Oude Pastorie won’t be obliged to pay any compensation to the customer.
5.4 The Oude Pastorie is not obliged to receive and/or store any goods from the guest. The foregoing implies that The Oude Pastorie is not responsible and/or liable for damage, loss or theft of any property of the guest, which The Oude Pastorie refuses to accept or store..
5.5 If The Oude Pastorie charges any amount of money from the guest for receiving or keeping any goods in custody, The Oude Pastorie must look after those goods like a good family man, without prejudice to the provisions of Article 12.
The same applies to the situation where The Oude Pastorie temporarily stores goods or luggage of the guest (s) (free of charge) before the official check-in time on the day of the reservation, until the room(s) of the guest(s) in question are ready to enter.
5.6 The Oude Pastorie is not obliged to allow any pet of a guest in the building. No pets are allowed at the accommodation. These legal regulations may not apply to assistance dogs. If this is the case, the customer must indicate in advance that an assistance dog is essential and coming along, before the management can accept your request.
Article 6. General obligations of the guest
6.1 Our guests are obliged to comply with the house and behavior rules applicable in The Oude Pastorie and to follow the reasonable instructions of The Oude Pastorie. The Oude Pastorie must make the house rules and conduct code known in a clearly observable place or provide them in written form. Reasonable instructions can be provided by a verbal agreement.
6.2 The guest is obliged to cooperate with reasonable requests from The Oude Pastorie within the framework of his legal obligations regarding safety, identification, food safety/hygiene, use of facilities and limiting nuisance.
Article 7. Reservations
7.1 If the guest has not arrived within an hour after the reserved time (ETA), The Oude Pastorie may consider the reservation canceled, without prejudice to the provisions of Article 9. If the guest cannot arrive at the agreed time, this guest must indicate this in advanced. Check-in is then possible until 8:00 PM at the latest, if otherwise agreed with the host.
7.2 The latest possible check-in time for a reservation is 8:00 PM. If the guest has indicated a later arrival time with the approval of the host, the check-in time may deviate from the time mentioned above. If a guest arrives at a later hour (midnight or early the next day), The Oud Pastorie may cancel the reservation without reason.
Checkout is possible until 11:00 AM at the latest, except for when the client or guest has chosen the later checkout option. Extra costs will be charged for this option/addon.
7.3 The Oude Pastorie can attach conditions to the reservation.
7.4 If the guest(s) does not show up at estimated time of arrival, without notifying the accommodation at all, The Oude Pastorie may consider the reservation as a “no-show” (see article 1.8). A no-show via an Online Travel Agency (OTA) can have consequences for the customer at the relevant OTA. The Oude Pastorie is not responsible for the consequences of a no-show via an OTA. If a guest has a valid or emergency reason for a no-show, he or she should pick it up with the relevant OTA. The OTA will then take the necessary steps and contact the host to find a suitable solution within the cancellation conditions.
Article 8. Service consisting of providing accommodation (Bed&Breakfast)
8.1 For overnight stays, The Oude Pastorie communicates in advance about the time at which the room will be available to the guest and at what time the guest must checkout.
8.2 Unless otherwise agreed, The Oude Pastorie is entitled to consider the reservation for accommodation as canceled, if the guest has not reported to the host on the first reserved day at 8:00 PM, or if the guest has not indicated on time at a later time and The Oude Pastorie has not objected. The foregoing applies, without prejudice to the provisions of Article 9.
8.3 The Oude Pastorie is entitled to require the guest to settle for a different, equivalent room, with regard to the room that would have been available/reserved in accordance with the overnight agreement value, facilities and room size. The guest may refuse this alternative offer. If this is the case, the guest has the right to terminate the accommodation agreement with immediate effect, without prejudice to his obligations under other agreements.
Article 9. Cancellation
9.1 Cancellation by guest, generally:
- A) The customer is authorized to cancel a reservation without paying the cancellation costs. The cancellation conditions at The Oude Pastorie and various OTA state that they can cancel free of charge up to 24 hours before the reservation date at 3:00 PM. If the cancellation takes place within 24 hours before the reservation, the client owes the accommodation the entire agreed reservation value (100%). In cases of a special reason or emergency, this amount maybe limited to a maximum of one or two nights. The OTA will contact The Oude Pastorie to provide a reasonable solution.
- B) One month in advanced The Oude Pastorie can declare the client that they will regard certain individuals together as a group, according to the reservation agreement. All the provisions for groups then apply to those persons.
- C) The provisions of articles 13.1 and 14.4 also apply to cancellations.
- D) In the event of a no-show, the customer is in all cases obliged to pay the whole reservation value (100%).
- E) If not all agreed services are canceled, the provisions pro rata stated in the booking conditions apply to the canceled services.
9.2 The cancellation process and possible associated costs for one or more nights will be used in accordance with the rules in the booking conditions.
Article 10. Deposit and interim payment
10.1 The Oude Pastorie may require the customer to deposit a guarantee to The Oude Pastorie. Deposits received are properly administered, serve exclusively as security for The Oude Pastorie and explicitly do not count as realized turnover. To provide greater certainty for The Oude Pastorie, the latter may require the customer to cooperate in providing the required data, including making a print or copy of the customer’s credit card, in order to secure the deposit and the possibility of extracting it securely as possible.
10.2 The Oude Pastorie may always require interim payment for overnight stays already granted, for use of certain facilities or for fines imposed for not complying with certain house rules (Article 13).
10.3 The Oude Pastorie may recover the amount deposited pursuant to the foregoing provisions with regard to all that the customer owes him for whatever reason. The surplus must be repaid by The Oude Pastorie to the customer without delay.
Article 11. Turnover guarantee
If a turnover guarantee has been issued, the customer is obliged to pay at least the amount determined in the turnover guarantee to Thee Oude Pastorie based upon the relevant reservation agreement(s).
Article 12. Liability of The Oude Pastorie
12.1 The Oude Pastorie is liable to pay the guest for damages up to a maximum of the invoice amount of the relevant partial reservation. The damage could be the result of a shortcoming by The Oude Pastorie in the fulfillment of the agreement, unless that shortcoming cannot be attributed to The Oude Pastorie or to persons who are assisted in the implementation of the agreement.
12.2 Without prejudice to the provisions of Article 5.5, The Oude Pastorie is not liable for damage or loss of goods brought to The Oude Pastorie by a guest who has taken up residence there. The customer indemnifies The Oude Pastorie against claims from guests in this case. The provisions here do not apply, except if and to the extent that the damage or loss is due to intent or gross negligence on the part of The Oude Pastorie.
12.3 The Oude Pastorie is not liable for damage to or with vehicles of the guest, except if and to the extent that the damage is the direct result of intent or gross negligence on the part of The Oude Pastorie.
12.4 The Oude Pastorie is not liable for damage directly or indirectly, to whatever arises as a direct or indirect consequence of any defect, condition or circumstance to any property, except if and to the extent that the damage is the direct result of intent or gross negligence on the part of The Oude Pastorie.
12.5 Liability of The Oude Pastorie is limited to the maximum invoice amount of the relevant partial invoice.
12.6 If damage caused to the goods of a guest for which a deposit fee (as referred to in Article 5.5) is charged, then The Oude Pastorie is not obliged to compensate the damage to these goods as result of damage or loss.
12.7 If The Oude Pastorie receives goods or if goods are deposited, stored and/or left behind by anyone in any way whatsoever, without The Oude Pastorie charging any compensation for this, The Oude Pastorie won’t be liable for damage to or in connection to those goods in any way whatsoever. Unless The Oude Pastorie has intentionally inflicted this damage or the damage is the result of intent or gross negligence on the part of The Oude Pastorie.
Article 13. Liability of the Guest and/or Customer
13.1 The customer and the guest and those accompanying him are jointly and severally liable for all damage that is or will arise for The Oude Pastorie and/or any third party as a direct or indirect consequence of an attributable shortcoming and/or unlawful act. This includes violation of the house rules committed by customer/guest, or those who accompany that person, as well as for all the damage caused by any animal or property, which are in their possession or are under their supervision.
13.2 The minimum stay in the Bed&Breakfast is one night. Guests can go to the kitchen for breakfast (extra option). The Bed&Breakfast is also exclusively accessible to guests 24 hours a day. It is forbidden to allow third parties to use the Bed&Breakfast or its facilities. Visitors may not stay without the permission of the host and without additional payment or to stay overnight without notice.
13.3 The rooms must be in a clean condition upon departure. At the start of your stay, the host will prepare an inspection list of the room. If the room on departure changed so much from the inspection list, the user can charge the extra cleaning costs to the customer.
13.4 Smoking is not allowed in the room, in the shared areas or anywhere in the building. However, smoking is allowed outside in the garden, behind the building. Pets are not allowed in or around the property.
13.5 In case the guest(s) violate the rules mentioned above, they risk a fine that must be paid immediately to The Oude Pastorie.
Article 14. Settlement and payment
14.1 The customer owes the price agreed in the reservation. The prices are stated on an invoice that The Oude Pastorie has placed in a visible area to the guest or are included in a list that is handed to the customer, if necessary at his request, or that is accessible to the customer via digital sources.
14.2 The rates include gas, water, electricity and heating, VAT, bed linen, towels and cleaning.
14.3 For special services, such as the use of a wardrobe, safe, laundry or dry cleaning, telephone and other facilities, The Oude Pastorie may charge additional fees.
14.4 Additional fees may also be charged for using the wellness facilities (coming soon), consumption in the lounge area and kitchen facilities.
14.5 All invoices, including cancellations or no-show bills, are due by the customer at the time they are presented to him. The customer must arrange for cash payment, payment by bank or Giro, unless agreed otherwise with host.
14.6 The guest and the customer are jointly and severally liable for all amounts that one or both of them owes to The Oude Pastorie for whatever reason. Reservation agreements are deemed to be concluded on behalf of each guest, unless stipulated otherwise. By appearing, the guest indicates that the customer is authorized to represent him at the conclusion of the relevant reservation agreement.
14.7 As long as the customer has not fully complied with all his obligations towards The Oude Pastorie, the accomodation is entitled to take possession of and keep all goods brought by the customer in The Oude Pastorie until the customer has fulfilled all the obligations towards The Oude Pastorie. In addition to a right of retention, The Oude Pastorie is also entitled to a lien on the relevant goods of the guests.
14.8 If payment other than cash has been agreed, all invoices, for whatever amount, must be paid by the customer to The Oude Pastorie within fourteen days after the invoice date. If an invoice is sent, The Oude Pastorie is entitled at all times to charge a credit limitation surcharge of 2% of the invoice amount, which will expire if the customer requires the invoice within fourteen days.
14.9 If and as far as the timely payment is not fulfilled, the customer is in default without the requirement of any notice of default. Only if the customer is a natural person (consumer), The Oude Pastorie will send a notice of default with a period of at least 14 days to be fulfilled if payment has not yet been made.
14.10 If the customer is in default, then that person must pay The Oude Pastorie all costs according to the collection costs. The extrajudicial collection costs are charged according to the law.
14.11 If The Oude Pastorie has goods as referred to in Article 14.5 and the customer (from whom The Oude Pastorie has received these goods) has been in default for three months, then The Oude Pastorie is entitled to sell these goods publicly or privately to recover the costs from it. The costs associated with the sale are also borne by the customer and The Oude Pastorie can also recover the proceeds from the sale for this. What remains after the story of The Oude Pastorie is paid to the customer.
14.12 Every payment, irrespective of any note or remark made by the customer about that payment, will be deemed to be deducted from the debt of the customer to The Oude Pastorie in the following order:
- The costs of execution
- The judicial and extrajudicial collection costs
- The interest costs
- The damage costs
- The principal costs
14.13 Payments will/must be made in Euros. If The Oude Pastorie accepts foreign payment methods, the market rate applicable at the time of payment will be applied. The Oude Pastorie can charge an extra amount for administration costs that corresponds to a maximum of 10% of the amount offered in a foreign currency. The Oude Pastorie can achieve this by adjusting the current market rate by a maximum of 10%.
14.14 The Oude Pastorie is never obliged to accept payment methods other than cash or their standard payment method (pin or iDeal) and may attach conditions to the acceptance of such other payment methods.
Article 15. Force Majeure
15.1 If force majeure for The Oude Pastorie occurs, which means that any shortcoming caused by uncontrollable force(s) cannot be attributed to The Oude Pastorie, like any foreseen or unforeseen, foreseeable or unforeseeable circumstance that makes The Oude Pastorie’s service for an overnight stay more difficult to perform, than a reservation may be impossible or difficult to fulfill. If this is the case and it happens within the 24 hours of the reservation, then The Oude Pastorie and the parties involved will contact each other to come up with a reasonable solution.
15.2 If one of the parties of a reservation agreement is unable to meet any obligation because of force majeure/uncontrollable force(s), he/she will be obliged to inform the other party (and OTA) about this as soon as possible.
Article 16. Found objects
16.1 Objects lost or left behind in the building and facilities of The Oude Pastorie, which are found by other guests, must be returned to The Oude Pastorie as soon as possible.
16.2 The Oude Pastorie acquires ownership of objects for which the person entitled has not reported to The Oude Pastorie within six months after their checkout date.
16.3 If The Oude Pastorie sends objects left by the guest(s) back to them, then this will happen entirely at the expense and risk of this/these guest(s). The Oude Pastorie is never obliged to send it back, nor is The Oude Pastorie responsible for the state in which this object is or will be received by the guest(s).
Article 17. Facility Costs
17.1 The Oude Pastorie may charge additional costs for the use of the various facilities or fines for negligence unless otherwise stated. Facilities include the wellness facilities (coming soon), and then there may also be costs associated with the use of the pool table and cans of soft drinks in the shared lounge area. You can prepare your own breakfast in the kitchen with the present ingredients and food items for each individual room. It is also possible to use the stove free of charge during the day, for which the guests have to do their own shopping. After using the kitchen (including the dishwasher), the area must be kept clean again. If this is not the case, then these guests may risk of fine (Article 13).
17.2 The amounts referred to in articles 17.1 are agreed in advance or, in the absence of a prior agreement, reasonably determined by The Oude Pastorie.
Article 18. Applicable law and disputes
18.1 Dutch law exclusively apply to reservation agreements at The Oude Pastorie.
18.2 In the event of disputes between The Oude Pastorie and a customer or client, the competent court in the place of hometown of The Oude Pastorie has exclusive jurisdiction. Unless a mandatory provision of law other court could have jurisdiction and without prejudice to The Oude Pastorie’s authority to have the dispute settled by the judge who would have jurisdiction in the absence of this clause.
18.3 All claims of the customer expire one year after the moment on which they arise.
18.4 The invalidity of one or more of the clauses in these general terms and conditions leaves the validity of other clauses to be deemed a valid replacement clause that has been agreed as closely as possible to the scope and scope of the invalid clause.
Last updated: October 2019