General Terms of Use - Holiday Apartments

1. Contract

• The landlord is obliged to keep the holiday apartment booked by the guest ready and to provide the agreed services. The holiday flat corresponds to the equipment standard of an average rented flat. The landlord assumes a guarantee only for the specified equipment features.
• The guest is obliged to pay the applicable or agreed prices of the landlord for the provision of the holiday apartment and the other services used by him.
• All prices are inclusive of value added tax
• The guest is obliged to provide truthful information about the number of persons occupying the holiday apartment. The holiday apartment is available for a maximum of the number of persons stated in the advertisement. The occupancy with an exceeding number of persons requires the prior written consent of the lessor. In this case, the price for the provision of the holiday apartment increases to the price generally charged by the landlord for the corresponding occupancy.
• The payment of the price agreed upon for the letting of the holiday apartment as well as for the further services agreed upon with the guest is due at the latest on the day of arrival when the keys are handed over.
• The landlord reserves the right to demand an advance payment from the guest prior to arrival on the price agreed for the provision of the holiday apartment as well as the further services agreed with the guest.

2. General rights and duties; house rules

• The guest has to treat the holiday apartment and its inventory with care. The guest is obliged to comply with the house rules. From 22.00 o’clock to 7.00 o’clock the night rest applies. During this time, special consideration is required for fellow residents and neighbors. TV and audio equipment must be set to room volume.
• The accommodation of pets of any kind is not allowed in the apartment.
• There is a general smoking ban in the holiday apartment. In the event of infringements, a cleaning fee of up to € 200.00 shall apply. Smoking is only allowed on balconies and terraces.
• The use of the internet is permitted as long as it does not violate the legal regulations. Criminal acts (especially illegal downloads, page views) will be reported and prosecuted. The guest alone is liable for any unlawful use of the Internet.
• The installation and/or attachment of materials for decoration (in particular candles or similar) is not permitted in the holiday apartment. The guest is responsible for damages that occur due to violations.
• The landlord has a right of access to the holiday home at any time, especially in case of imminent danger. When exercising the right of access, due consideration must be given to the guest’s legitimate interests. The Provider shall inform the Guest in advance of the exercise of the right of access, unless this is unreasonable or impossible for the Provider under the circumstances of the individual case.

3. Cancellation; Cancellation

• The guest can only withdraw from the contract, without triggering payment or damage claims by the landlord, if the possibility of withdrawal has been agreed in writing between him and the landlord by a certain date. Without triggering any claims for payment or damages on the part of the landlord, the guest is entitled to cancel up to 30 days before arrival. A cancellation between. 29-20 days prior to arrival triggers a payment or compensation claim of 30% of the accommodation price to be paid. Between 19-10 days the claim is 60% ; and between 9-5 days the claim is 80% of the payable accommodation price. In case of cancellation <5 days, the guest is obliged to pay the full price of the accommodation.
• Cancellations must be made in writing to the landlord. The day of cancellation is the day of receipt of the cancellation by the lessor.
• If the guest does not appear on the day of arrival, the contract is considered cancelled. The above-mentioned claims for payment or damages are to be applied accordingly. In addition, the landlord may charge the guest an administration fee in the amount of 100.00 €.
• If a right of withdrawal of the guest within a certain period of time has been agreed upon in writing, the landlord is entitled for his part to withdraw from the contract within this period of time.
• Furthermore, the lessor is entitled to withdraw from the contract for an objectively justified reason or to terminate the contract extraordinarily, if e.g.
  • force majeure or other circumstances for which the lessor is not responsible make it impossible to fulfil the contract
  • the holiday apartment was booked under misleading or false information of essential facts, e.g. in the person of the guest or regarding the purpose or regarding the occupancy or regarding the accommodation of animals,
  • the holiday home is used for other than residential purposes
  • the lessor has reasonable cause to believe that the use of the service endangers the safety or peace of other guests or neighbours or the lessor’s reputation in public, without this being attributable to the lessor’s sphere of control or organisation.

4. Liability

• The lessor is liable for his obligations under the contract. Liability is limited to intent and gross negligence on the part of the lessor if and insofar as the lessor does not have unlimited liability under the statutory provisions. Should disturbances or deficiencies occur in the services of the lessor, the lessor shall endeavour to remedy the disturbance or deficiency upon knowledge thereof or upon immediate complaint by the guest. The guest is obliged to contribute what he can reasonably be expected to do in order to eliminate the disturbance or defect and to keep any possible damage to a minimum.
• The landlord is not liable for items brought in by the guest. Any liability of the lessor according to these regulations is thus expressly excluded. This also applies expressly to valuables which the guest keeps and/or leaves in the holiday apartment.
• The guest is liable for all damages that he, his fellow travellers or his visitors have culpably caused in the house of the holiday apartment, in the holiday apartment and/or to the inventory of the holiday apartment. The guest is obliged to notify the landlord of any damage immediately. This applies in particular to damage that may also affect other apartments in the house (e.g. water damage, fire damage).

5. Arrival and departure, handover of keys

• The apartment is available from 15:00 on the day of arrival. The keys are available in the HOFLADEN and can be collected there during opening hours. Outside opening hours, access is possible via numerical code or smartphone. An earlier handover of the apartment may be possible after consultation with the landlord.
• On the day of departure, the apartment must be handed over by the tenant in an orderly and complete condition by 11:00 a.m. at the latest. In case of late vacating of the holiday apartment, the landlord is entitled to charge an additional payment of 25% of the daily rate per hour. Excepted from this are prior arrangements with the landlord.
• The handover is valid from the handover of the keys. These are to be handed in at the HOFLADEN. By prior arrangement, the keys can possibly be left on the table of the holiday apartment. The guest is obliged to check that the apartment door is properly closed. In the event of the loss of one or more keys, the guest must pay the lessor compensation for their replacement and, if necessary, for the installation of new locks.

6. Data protection

• The lessee undertakes to keep all access data secret and not to pass them on to third parties under any circumstances. The lessor has the right to change access codes at any time at short notice.
• The personal data provided by the guest will not be passed on to third parties by the landlord, unless this is necessary for the processing of the contract.

7. Final provisions

• Amendments or additions to this contract must be made in writing. Unilateral changes or additions by the guest are invalid.
• The contract is based on Belgian law. The place of jurisdiction is Eupen
• Should one of the above provisions be or become invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision which comes as close as possible to the purpose of the provision to be replaced. In all other respects, the statutory provisions shall apply.

General Terms of Use - Vito

1. Vehicle

Mercedes Benz Vito Sport Tourer 116 CDI 7 G automatic 8 seater Euro 6c

1. 1. The subject of the rental agreement is the following motor vehicle
      • Manufacturer: Mercedes
        Vehicle type: Vito
        Colour: Arctic White (MB9147) // Fabric, Black
        Year of manufacture: 2019
        Amtl. License plate number: LA4790 (Luxbg)
        Displacement in cm3: 2,143 cm³
        PS/kW: 120 kW (163 PS)
        Wheelbase: XXL 3.430mm
        PMA: 3100 kgs
        Mileage: see handover protocol
   2. The motor vehicle has the following equipment
      • 8 or 9 SEATS INCLUDING DRIVER’S SEAT
      • NAVIGATION SYSTEM MAP PILOT WITH MAP DISPLAY
      • AIR-CONDITIONING SYSTEM (TEMPMATIC) WITH SOUND OUTLET
      • INTERIOR TUNYA BLACK
      • ELECTRICAL AUXILIARY HEATING
      • ELECTRIC WINDOWS
      • ELECTRICALLY ADJUSTABLE AND HEATED EXTERIOR MIRRORS
      • MULTIFUNCTION SPORTS STEERING WHEEL+ PADDLE SHIFTERS ON STEERING WHEEL
      • TEMPOMAT
      • ECO START/STOP SYSTEM
      • RADIO WITH MP3 PLAYBACK
      • iPOD/USB/SD-CARD/AUX-IN CONNECTION
      • BLUETOOTH HANDSFREE WITH AUDIO STREAMING
      • FRONT AND REAR SPEAKERS
      • ARM RESTS + DRINK HOLDER
      • VARIABLE SEATING SYSTEM WITH 8 SEATS IN 3 ROWS OF SEATS
      • COMFORTABLE DRIVER AND PASSENGER SEAT IN 1ST ROW OF SEATS
      • TWO-SEATER BENCH WITH FOLDING OUTER SEAT IN 2ND ROW OF SEATS
      • TRIPLE BENCH IN 3RD ROW OF SEATS
      • CENTRAL LOCKING WITH REMOTE CONTROL
      • PARKING ASSISTANCE FRONT AND REAR (PARK-ASSIST)
      • HILL START ASSIST
      • ATTENTIONASSIST (DROWSINESS WARNING)
      • DRIVING LIGHT ASSISTANT+ADAPTIVE BRAKE LIGHT
      • ANTI-BLOCKING SYSTEM (ABS)+ (ASR)
      • ELECTRONIC STABILITY PROGRAM (ESP)
      • TYRE PRESSURE MONITORING (RDK)
      • DRIVER, PASSENGER, HEAD, SIDE AND PELVIC AIRBAGS
      • ELECTRONIC IMMOBILIZER
      • BURGLAR AND THEFT ALARM SYSTEM
      • DAYTIME RUNNING LIGHTS+AMBIENT LIGHTING
      • HEATED WINDSCREEN WASHER NOZZLES
      • SLIDING DOOR PASSENGER SIDE
      • THERMAL INSULATION GLAZING
      • DARKENED REAR WINDOWS (BLACK GLASS)
      • ALLOY WHEELS WITH SUMMER TYRES
      • FUEL TANK VOLUME INCREASED
      • FUEL FILTER WITH WATER SEPARATOR
      • BUFFER BATTERY FOR STARTING PROCESS
      • SPARE WHEEL WITH JACK
      • BLUE EFFICENCY PACKAGE
      • GPS TRACKING
      • Warning triangle, first aid kit, operating instructions are in the vehicle
   3. The motor vehicle is handed over with a full tank. The engine is filled with engine oil according to the manufacturer’s specifications.
   4. The following insurances exist for the vehicle

2. Condition of the vehicle

   1. The lessor shall hand over the vehicle to the lessee in a technically faultless, serviceable and roadworthy condition.
   2. The vehicle is professionally cleaned inside and out.
   3. The condition of the vehicle results from the handover protocol to be drawn up when the vehicle is handed over. The Protocol shall form an integral part of this Agreement. The listed damages do not affect the serviceability.

3. Handover, rental period

   1. Handover
      • Unless otherwise agreed :
        • the hirer collects the vehicle from the post office/yard shop in Oudler and returns it there.
        • the handover takes place during the official opening hours of the farm shop
   2. The rental relationship begins with the collection of the vehicle and ends with its return

4. Rent, deposit

   1. For the proper use of the vehicle, during the agreed rental period results in the total rental price.
   2. The total rental price is designed for the indicated mileage. Each additional kilometer will be charged with additional 0,30€ incl. VAT will be charged.
   3. The Lessor is entitled to demand a deposit in the agreed amount before handing over the vehicle to the Lessee. The security deposit serves to secure all claims of the landlord resulting from the tenancy.
   4. The Lessor will hand over the vehicle with a full tank of fuel or the quantity specified in the handover protocol. The renter is obliged to return the vehicle with at least the same tank capacity as stated in the handover protocol. If the tank content exceeds this on return, the hirer shall not be entitled to a refund. If the Lessee does not return the vehicle with the quantity specified in the handover protocol, the fuel costs will be charged to the Lessee taking into account the time and effort required by the Lessor.
   5. The rental payment is due at the time of pick up

5. Obligations of the lessee, use of the vehicle

   1. The Hirer may not hand over the vehicle to third parties unless the Rental Firm gives its prior written consent.
   2. The renter is obliged to treat the vehicle carefully and conscientiously. If the indicator lights in the vehicle signal a problem, the Hirer must act in accordance with the instructions in the vehicle’s operating manual. If the rental is for a longer period (more than one week), he undertakes to check the oil level and tyre pressure and, if necessary, to take the necessary measures in compliance with the data listed in the vehicle registration document. The renter is not allowed to make any technical changes to the vehicle. The renter is not allowed to change the appearance of the vehicle, especially not by painting, stickers or adhesive foils.
   3. The renter may only use the vehicle within the geographical borders of Europe and in non-European areas belonging to the European Union (EU). Outside these limits, there is no insurance cover in motor insurance (in particular comprehensive cover). If the renter wishes to use the vehicle in other countries and territories, the prior written consent of the lessor is required.
   4. The renter is obliged to protect the vehicle from overuse in any way. Basically excluded is the use for the following purposes:
      • Participation in car races and similar trips
      • Participation in cross country rides
      • Carriage of highly flammable, toxic or dangerous substances
   5. Smoking in the vehicle is not permitted.
   6. The renter assures that his driving licence is not revoked or provisionally suspended and that there is no driving ban.
   7. The renter assures that he will not drive the vehicle under the influence of alcohol or other intoxicating substances.
   8. Subletting the vehicle is not permitted.

6. Impairment of use, repairs

   1. The tenant is entitled to carry out minor maintenance or repairs (up to €50.00) himself (e.g. replacement of a light bulb) or to have them carried out by a specialist workshop without the prior consent of the landlord. Upon presentation of the invoice and/or the replaced part, if any, the Lessor shall reimburse the Lessee for the costs, unless the Lessee has caused the defect himself through misconduct (e.g. operating error). The lessee shall not be remunerated for the work involved in carrying out the maintenance or repair work himself.
   2. If the Hirer discovers a defect in the vehicle which considerably restricts the usability of the vehicle and necessitates repairs on a larger scale, he must inform the Rental Firm immediately. If the defect cannot be remedied immediately by a short-term repair, both contracting parties have the right to terminate the contract without notice.

7. Behaviour in traffic accidents, liability

   1. If the lessee is involved in a traffic accident, damage caused by game, fire or the like during the use of the vehicle, either through his own fault or through no fault of his own, he must immediately arrange for the police to record the course of the accident or damage. Furthermore, the Hirer shall hand over to the Owner a written accident report, if necessary with a sketch of the accident, in which the Hirer shall also record in writing the names and addresses of the parties involved and witnesses.
   2. The statutory liability rules apply. No liability of the renter exists, as far as the landlord for the resulted damage of the accident opponent, other accident involved third or from the existing Kasko insurance or otherwise obtains replacement.
   3. The renter is liable for all damage to the vehicle caused by operating errors, overuse or breach of other obligations under §7 of this contract during the rental period. The lessee shall be liable in the same way for damage culpably caused by his relatives, workers, employees, passengers or other third parties who have come into contact with the vehicle through or via the lessee, insofar as he culpably omits to establish in an evidentiary manner the person and the object necessary for the enforcement of any claims for compensation by the lessor.
   4. Compliance with existing regulations and laws, in particular the road traffic regulations, during the use of the vehicle is the sole responsibility of the renter. The Lessee shall indemnify the Lessor against all fines, warnings, fees or other costs levied against the Lessor by the authorities on the occasion of such violations.
   5. If, upon return of the vehicle, damage is discovered that was not listed in this contract or in the handover protocol, it shall be assumed that the Lessee is responsible for the damage, unless the Lessee can prove that the damage already existed when the vehicle was taken over.

8. Special agreements / Subsidiary agreements

   1. Verbal collateral agreements to this contract do not exist.

 

General Terms of Use - Multipurpose Room

1. Rental property

Multi-purpose hall with immediately adjacent industrial kitchen and sanitary facilities for family celebrations, birthdays, seminars or meetings for up to 30 people.

2. Duties and rights of the tenant

The hall may only be used for private parties or company events.

The lessee informs the lessor of the nature of the event and assures compliance with the general order, the moral laws and the laws for the protection of young people.

The tenant shall ensure that the noise level remains within reasonable limits. Basically, the so-called night rest from 22.00 to 6.00 in the morning. This means that within this time period, any volume that could cause a disturbance must be reduced to room volume.

Tenant may use the existing kitchen for food preparation or hire a caterer of Tenant’s choice. The use of the in-house crockery, cutlery and available glasses is also permitted.

The lessee warrants that all technical equipment in the hall and kitchen is operated in an appropriate manner and in accordance with the regulations. The lessee shall return the leased property, including the leased technical equipment, leased items such as tables, chairs, etc., in the condition in which he took possession of them. The installation of decorations is permitted as long as walls and other surfaces are not damaged. All objects, equipment, decorations etc. brought in by the hirer must be removed after the event.

After the end of his event and before the expiry of the contractual rental period, the lessee shall carry out a rough basic cleaning at his own expense and remove waste of any kind.

Any damage during the rental period must be reported to the lessor immediately.

Sub-letting and sub-letting of the room is not permitted.

3. Liability

The hirer bears the risk of his event, including its preparation and execution. He is liable for all damage to property and personal injury culpably caused by him. The proof is incumbent on the tenant.

The lessor accepts no liability for items brought into the building.

4. Withdrawal policy

If the hirer cancels the confirmed event, the lessor is entitled to 30% of the contract sum. The lessor has the right to terminate the rental agreement if the event cannot take place due to force majeure or other reasons for which he is not responsible.

5. Terms of payment

All prices quoted include the statutory value added tax. The contract sum is to be paid at the latest 14 days before the event.