Article 1. Definitions

(1) With regard to the (“User”) wagon stationed at the address mentioned below and to be made available in accordance with the following description by the non-professionally acting owner, namely Helena van Dijk, located at Dishoekseweg 30, Koudekerke (4371 NH) (hereinafter: “Site“) (hereinafter: “Owner“), to all individual natural persons who intend to use and may or may not actually use as a result of placing a Booking regarding a specific and time-bound use possibility concerning the User object (hereinafter: “User(s)/Tenant(s)“) with the intention of making an offer to the Owner for the conclusion of an agreement between Owner and User(s)/Tenant(s) (hereinafter: “Agreement“), these General Terms and Conditions apply. These General Terms and Conditions are an integral part of the Agreement.

 

Article 2. Conclusion of an Agreement, Storage of the Text of the Agreement

(1) The presentation of usage possibilities on the website www.homebijzee.nl does not constitute a legally binding offer on the part of the Owner but is merely an invitation to (prospective) User(s)/Tenant(s) to use the User object. By submitting a booking on www.homebijzee.nl (hereinafter: “Website“), including going through the associated ordering process, the User(s)/Tenant(s) then make(s) a binding offer to the Owner to conclude an Agreement (hereinafter: “Booking“).

(2) The ordering process as described in Article 2 paragraph (1) includes the following steps:

Selection of the desired time period and entry of personal data such as telephone number, email address, and name of the prospective User(s)/Tenant(s); and
submission of the booking by clicking the “Order Now” button.

The prospective User(s)/Tenant(s) can, before submitting the Booking, by clicking the “Back” button” in the used internet browser, return to the webpage where the data of the prospective User(s)/Tenant(s) are included and correct input errors, or cancel the aforementioned ordering process by closing the used internet browser. In case of submission of a Booking, the Owner confirms the receipt of the Booking immediately by automatically generated email. By this, the Owner accepts the offer of User(s)/Tenant(s) thus concluding an Agreement between Owner and User(s)/Tenant(s).

(3) Storage of the text of the Booking on www.homebijzee.nl:

Owner sends User(s)/Tenant(s) the relevant order details and these General Terms and Conditions to the email address registered per Booking of User(s)/Tenant(s). These General Terms and Conditions can be consulted at all times at www.homebijzee.nl/en/generaltermsandconditions. For security reasons, the order details of User(s)/Tenant(s) are no longer accessible via www.homebijzee.nl

 

Article 3. Reservations, Prices, Payment, Expiry Date

(1) The Agreement concerns the rental of the User object for recreational use, which by its nature is of short duration.

(2) The prices stated on the Website are inclusive of VAT where applicable and exclusive of the tourist tax to be levied on User(s)/Tenant(s).

(3) User(s)/Tenant(s) have the option of payment in advance, limited to payment via PayPal, credit card (Visa, Mastercard, American Express).

(4) If User(s)/Tenant(s) choose(s) advance payment, User(s)/Tenant(s) undertake(s) to pay the purchase price immediately after the conclusion of the Agreement.

(5) To the extent User(s)/Tenant(s) do(es) not choose advance payment, User(s)/Tenant(s) undertake(s) to pay the amount due prior to the commencement of the period of use as referred to in Article 1 in cash.

(6) The amount must be paid in euros. Any currency exchange costs are borne by the User(s)/Tenant(s).

 

Article 4. Use Restrictions, Breach of Agreement

(1) User(s)/Tenant(s) are prohibited from moving the User object.

(2) User(s)/Tenant(s) are prohibited from bringing animals onto the Site, except with the prior written approval of the Owner.

(3) User(s)/Tenant(s) are prohibited from approaching the animals kept on the Site by Owner in a manner not pre-approved by Owner.

 

Article 5. Deposit and Liability for Damages

(1) User(s)/Tenant(s) pay(s) to Owner at the time of payment as further described under Article 3 and in addition to the offer prices shown on the Website, a security deposit of EUR 150 (hereinafter: “Deposit”).

(2) The Deposit of EUR 150 will be refunded by Owner to User(s)/Tenant(s) after inspection and approval by Owner of the correct and undamaged return of the User object by User(s)/Tenant(s), with all accessories and accessories intact, and to the extent there has been no violation(s) of Articles 4 and 6 of these General Terms and Conditions.

(3) In case of damage in any form to persons or animals on the Site as a result of the actions of User(s)/Tenant(s), the Deposit will be used by Owner to compensate an amount equal to the amount of said damage.

(4) In case of material damage to property on the Site, including all facilities, or loss of property belonging to the Site as a result of the actions of User(s)/Tenant(s), the Deposit will also be used by Owner for an amount equal to the repair costs, restoration costs, or replacement costs related to said damage.

(5) Without prejudice to the right of Owner mentioned in paragraph 3 of this article, in case of disagreement between Owner and User(s)/Tenant(s) about either the existence of damage or the need for repair or the amount of the damage, User(s)/Tenant(s) have the right to demonstrate that Owner has not suffered damage or that the damage is significantly lower, or that the damage was not caused by User(s)/Tenant(s).

(5) The right of Owner mentioned in paragraph 3 of this article does not replace the right of Owner to remove User(s)/Tenant(s) from the Site in case of violation of these General Terms and Conditions, whereby further access to the Site will be denied.

(6) User(s)/Tenant(s) indemnify(ies) Owner against all claims for damage from third parties resulting from any act or omission of User(s)/Tenant(s) themselves.

 

Article 6. Obligations of the User(s)/Tenant(s)

(1) The User object and all other items and facilities on the Site must be treated with care and expertise.

(2) All people, animals, and plants on the Site must be treated in an appropriate and respectful manner.

 

Article 7. Limitation of Liability

(1) For compensation of damages on the part of User(s)/Tenant(s) resulting from defects in the User object or the Site arising after the conclusion of the Agreement, only direct damages as a result of intent or gross negligence on the part of the Owner and subject to the provisions of this Article 7 paragraphs (2) and (3) are eligible. To prevent misunderstandings, Owner is in any case not liable for (i) damage resulting from non-gross negligence of Owner and (ii) loss of income in any form.

(2) Owner’s liability for damages as mentioned in paragraph (1) of

this Article 7 is limited to a maximum of EUR 10,000 for personal injury and to a maximum of three times the usage fee agreed between Owner and User(s)/Tenant(s) excluding the Deposit for material damage.

(3) In any case, excluded from compensation is all damage suffered by User(s)/Tenant(s) as a result of actions by User(s)/Tenant(s) (i) performed without the prior approval of Owner required under these General Terms and Conditions or (ii) performed in deviation from the prior approval obtained from Owner under these General Terms and Conditions.

 

Article 8. Limitation Period

The limitation period in connection with the damage mentioned in these General Terms and Conditions starts to run i) for claims of Owner against User(s)/Tenant(s) from the moment of return of the User object as referred to in Article 5 paragraph (2), and for claims of User(s)/Tenant(s) against Owner from the moment of the damaging event.

 

Article 9. Right of Withdrawal of the User(s)/Tenant(s)

User(s)/Tenant(s) have the right to revoke the Agreement within fourteen days of the Booking without giving any reasons.

Exercising the right of withdrawal is done by:

Home By Sea

Helena van Dijk
Dishoekseweg 30
4373 NH Koudekerke
The Netherlands
Email: info@homebijzee.nl

by means of a clear and written statement (for example, a letter sent by post or email) notifying the decision to revoke this contract. User(s)/Tenant(s) may use the model withdrawal form in Article 11 for this purpose, but this is not mandatory.

To comply with the requirements for withdrawal, it is sufficient to send the notice regarding the exercise of the right of withdrawal before the withdrawal period as described in this Article 9 has expired.

 

Article 10. Consequences of Withdrawal

(1) If User(s)/Tenant(s) revoke(s) this contract, Owner will refund to User(s)/Tenant(s) all payments received by Owner from User(s)/Tenant(s), including delivery costs (with the exception of any additional costs resulting from User(s)/Tenant(s)’ choice of a different method of delivery than the cheapest standard delivery offered by Owner), immediately and no later than fourteen days after the day on which Owner is informed by User(s)/Tenant(s) of the withdrawal of the Agreement. For this repayment, Owner uses the same means of payment that User(s)/Tenant(s) used for the original transaction, unless explicitly agreed otherwise with User(s)/Tenant(s); in no case will User(s)/Tenant(s) be charged for this repayment.

(2) If User(s)/Tenant(s) have requested that use begin during the withdrawal period, User(s)/Tenant(s) must pay Owner a reasonable amount corresponding to the portion of the use delivered up to the moment User(s)/Tenant(s) informed Owner of the exercise of the right of withdrawal, compared to the total extent of the use provided for in the Agreement.

 

Article 11. Model Withdrawal Form

If the User(s)/Tenant(s) wish(es) to revoke the contract, the User(s)/Tenant(s) can use the following form by completing it and returning it to:

Home By Sea
Helena van Dijk
Dishoekseweg 30
4373 NH Koudekerke
The Netherlands
Email: info@homebijzee.nl

Hereby I/we revoke the Agreement concluded by me/us for the following use:

______________________

Ordered on/received on: ______________________

Name of the User(s)/Tenant(s): ______________________

Address of the User(s)/Tenant(s): ______________________

Signature of the User(s)/Tenant(s) (only when notified on paper)

 

______________________

Date: ______________________

 

Article 12. Substitution

(1) User(s)/Tenant(s) are not allowed to assign the User object for any reason to persons other than those mentioned in the Agreement, unless otherwise agreed in writing with the Owner.

(2) If User(s)/Tenant(s) and Owner have agreed that one or more User(s)/Tenant(s) will be replaced, the original User(s)/Tenant(s) remain(s) jointly liable to Owner for payment of the amount still due as described in Article 3 as well as for compensation for any and all damage as mentioned in Article 5.

Article 13. Force Majeure

In the event Owner is or becomes temporarily unable to perform the Agreement in whole or in part due to force majeure, Owner may within 14 days after becoming aware of the impossibility to perform the Agreement propose a change to User(s)/Tenant(s) for another period. Suspension of performance of the obligations by Owner is allowed if circumstances beyond the control of Owner occur.

 

Article 14. Civil Code

To the extent not mandatorily precluded, the agreements between Owner and User(s)/Tenant(s) prevail over the statutory framework of the Dutch Civil Code.

Article 15. Language of the Contract

The correspondence language between Owner and User(s)/Tenant(s) is exclusively English, German, or Dutch.

 

Article 16. Applicable Law

All agreements between Owner and User(s)/Tenant(s) are governed by Dutch law.

 

Article 17. Competent Court

All disputes that may arise between Owner and User(s)/Tenant(s) in connection with or arising from the agreements between Owner and User(s)/Tenant(s) will be settled by the Zeeland-West-Brabant District Court.