Terms and Conditions

General conditions for business services of:

Sonnenalp Appartements
Hazelaar 6
8355 EB Giethoorn

office at Giethoorn, Hazelaar 6, hereinafter referred to as: Sonnenalp Appartements

Article 1. Definitions In these general terms and conditions, the following definitions apply:

- Sonnenalp Appartements: the user of the general conditions;
- client: the other party of Sonnenalp Appartements. 

Article 2. Applicability of these conditions

  1. These terms and conditions apply to every offer and every agreement between Sonnenalp Appartements and a client to which Sonnenalp Appartements has declared these terms and conditions applicable, insofar as the parties have not expressly deviated from these conditions in writing.
  2. These conditions also apply to all agreements with Sonnenalp Appartements, for the execution of which third parties must be involved.

Article 3. Offers

  1. All our offers are without engagement, unless a term for acceptance is mentioned in the offer.
  2. The offers made by Sonnenalp Appartements are without obligation; they are valid for 30 days, unless stated otherwise. Sonnenalp Appartements is only bound by the offer if the acceptance thereof is confirmed in writing by the other party within 30 days.
  3. The prices in the mentioned offers are exclusive of VAT, unless stated otherwise.

Article 4. Execution of the agreement

  1. Sonnenalp Appartements shall execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship and on the basis of the currently known state of science.
  2. If and insofar a proper execution of the agreement requires, Sonnenalp Appartements has the right to have certain work done by third parties.
  3. The client shall ensure that all data, of which Sonnenalp Appartements indicates that these are necessary or of which the client should reasonably understand that these are necessary for the execution of the agreement, are provided to Sonnenalp Appartements in a timely manner. If the data required for the execution of the agreement are not provided to Sonnenalp Appartements in time, Sonnenalp Appartements has the right to suspend the execution of the agreement and / or charge the extra costs resulting from the delay to the client according to the usual rates. to bring.
  4. Sonnenalp Appartements is not liable for damage of any kind, because Sonnenalp Appartements has assumed incorrect and / or incomplete information provided by the client, unless this inaccuracy or incompleteness should have been known to him.
  5. If it has been agreed that the agreement will be executed in phases, Sonnenalp Appartements may suspend the execution of those parts that belong to a following phase until the client has approved the results of the preceding phase in writing.

Article 5. Contract duration; execution time

  1. The agreement is entered into for an indefinite period, unless the parties expressly agree otherwise in writing. 
  2. If a term has been agreed within the term of the agreement for the completion of certain activities, this is never a fatal deadline. In the event that the execution period is exceeded, the client must therefore declare Sonnenalp Appartements to be in default in writing.

Article 6. Modification of the agreement

  1. If during the execution of the agreement it appears that for a proper implementation it is necessary to change or supplement the work to be performed, the parties shall adjust the agreement accordingly in time and in mutual consultation.
  2. If the parties agree that the agreement will be amended or supplemented, the time of completion of the execution may be affected. Sonnenalp Appartements will inform the client as soon as possible.
  3. If the change or addition to the agreement has financial and / or qualitative consequences, Sonnenalp Appartements will inform the client in advance.
  4. If a fixed fee has been agreed, Sonnenalp Appartements will indicate to what extent the change or supplement to the agreement will result in an excess of this fee.
  5. Notwithstanding paragraph 3, Sonnenalp Appartements will not be able to charge additional costs if the change or addition is the result of circumstances that can be attributed to it.

Article 7. Confidentiality 1

Both parties are obliged to keep confidential all confidential information that they have obtained from each other or from another source within the framework of their agreement. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information.

Article 8. Intellectual property 

  1. Without prejudice to the provisions of article 7 of these conditions, Sonnenalp Appartements reserves the rights and powers that accrue to it on the basis of the Copyright Act.
  2. All documents provided by Sonnenalp Appartements, such as reports, advice, designs, sketches, drawings, software, etc., are exclusively intended for use by the client and may not be reproduced by him without prior permission from Sonnenalp Appartements. or be brought to the attention of third parties.
  3. Sonnenalp Appartements also reserves the right to use the knowledge gained through the execution of the work for other purposes, in so far no confidential information is brought to the knowledge of third parties.

Article 9. Cancellation

Both parties can terminate the agreement in writing at any time. In that case, the parties must observe a notice period of at least 30 days.

Article 10. Termination of the agreement

  1. The claims of Sonnenalp Appartements on the client are due immediately in the following cases: - after the conclusion of the agreement Sonnenalp Appartements learns of circumstances giving Sonnenalp Appartements good grounds to fear that the client will not fulfill his obligations; - if Sonnenalp Appartements asked the client at the conclusion of the agreement to provide security for the fulfillment and this security is not provided or is insufficient.
  2. In the above-mentioned cases, Sonnenalp Appartements is entitled to suspend the further execution of the agreement or to dissolve the agreement, without prejudice to the right of Sonnenalp Appartements to claim compensation.

Article 11. Defects; complaint term

  1. Complaints about the work performed must be reported in writing to Sonnenalp Appartements by the client within 8 days after discovery, but no later than 14 days after completion of the relevant work.
  2. If a complaint is well-founded, Sonnenalp Appartements will still perform the work as agreed, unless this has become demonstrably pointless for the client. The latter must be made known by the client in writing.
  3. If the performance of the agreed services is no longer possible or useful, Sonnenalp Appartements will only be liable within the limits of Article 15.

Article 12. Honorarium

  1. For offers and agreements in which a fixed fee is offered or agreed, paragraphs 2, 5 and 6 of this article apply. If no fixed fee is agreed, paragraphs 3 up to and including 6 of this article apply.
  2. The parties can agree on a fixed fee when the agreement is concluded. The fixed fee is inclusive of VAT.
  3. If no fixed fee is agreed, the fee will be determined on the basis of actually spent hours. The fee is calculated according to the usual hourly rates of Sonnenalp Appartements, applicable for the period in which the work is performed, unless a deviating hourly rate has been agreed upon.
  4. The fee referred to in paragraph 3, as well as any cost estimates, are inclusive of VAT.
  5. For orders with a duration of more than six months, the costs owed will be charged periodically.
  6. If Sonnenalp Appartements agrees a fixed fee or hourly rate with the client, Sonnenalp Appartements shall nevertheless be entitled to increase this fee or rate. Sonnenalp Appartements may pass on price increases if Sonnenalp Appartements can demonstrate that between the time of the offer and delivery significant price changes have occurred in respect of, for example, wages.

Article 13. Payment

  1. The reservation is only after a deposit (30% of the rental price) has been transferred to our account. The deposit amount can be found on the reservation confirmation / invoice and is to be transferred to our account.  
  2. The balance should be transferred 6 weeks, including the deposit (€ 150.00), before your day of arrival on our account. The deposit will be credited to your account within 14 days of departure if the apartment has been left in good order. Make sure that it takes a few days before the money is transferred.
  3. In case of liquidation, bankruptcy or suspension of payment of the client, the claims of Sonnenalp Appartements and the obligations of the client towards Sonnenalp Appartements will be immediately due and payable.
  4. Payments made by the client always serve first to settle all interest and costs due, in the second place of the due and payable invoices that have been outstanding the longest, even if the client states that the payment relates to a later invoice .

Article 14. Collection costs 

If the client is in default or fails to comply with one or more of his obligations, all reasonable costs incurred in obtaining payment out of court will be charged to the client. In any case, the client owes:

  • about the first € 3,000.00 - 15%
  • about the multiple up to € 6,000.00 - 10%
  • about the multiple up to € 14,500.00 - 8%
  • about the multiple up to € 60,000.00 - 5%
  • about the multiple - 3% 

If Sonnenalp Appartements proves to have incurred higher costs, which were reasonably necessary, these will also qualify for reimbursement.

Article 15. Liability

If Sonnenalp Appartements is liable, then that liability is limited as follows:

  1. The liability of Sonnenalp Appartements, insofar as it is covered by its liability insurance, is limited to the amount of the payment made by the insurer.
  2. If the insurer in any case fails to pay or damage is not covered by the insurance, the liability of Sonnenalp Appartements is limited to twice the invoice value of the assignment, at least that part of the assignment to which the liability relates.
  3. Contrary to the provisions in paragraph 2 of this article above, in the case of an assignment with a longer duration of six months, the liability is further limited to the part of the fee due over the last six months.
  4. he limitations of liability included in these conditions do not apply if the damage is due to intent or gross negligence of Sonnenalp Appartements or its subordinates.
  5. Sonnenalp Appartements is never liable for consequential damage.

Article 16. Force majeure

  1. Force majeure means in these general terms and conditions in addition to what is understood in the law and jurisprudence, all external causes, foreseen or not foreseen, to which Sonnenalp Appartements can not exert influence, but as a result of which Sonnenalp Appartements is unable to meet its obligations. to fulfill. Work strikes at the Sonnenalp Appartements company are included.
  2. Sonnenalp Appartements also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Giethoorn Info should have fulfilled its obligation.
  3. In the event of force majeure, the obligations of Sonnenalp Appartements will be suspended. If the period in which fulfillment of the obligations by Sonnenalp Appartements due to force majeure is not longer than 2 months, both parties are entitled to dissolve the agreement without there being an obligation to pay compensation.
  4. If Sonnenalp Appartements has already partly fulfilled its obligations on the occurrence of the force majeure, or can only partially fulfill its obligations, it is entitled to invoice the already executed or executable part separately and the client is obliged to pay this invoice as if it were concerned. it a separate contract. However, this does not apply if the already executed or executable part does not have an independent value.

Article 17. Dispute resolution

The judge in Sonnenalp Appartements' place of residence has exclusive jurisdiction to hear disputes, unless the subdistrict court has jurisdiction. Nevertheless, Sonnenalp Appartements has the right to summon its counterparty before the competent court according to the law.

Article 18. Applicable law

Dutch law applies to every agreement between Sonnenalp Appartements and the client.

Article 19. Change and location of the conditions

Applicable is always the last registered version or the version that applied at the time of the conclusion of the present order.

Sonnenalp Apartments, 2000-2018

 

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