1.2 Regrettably, it is not possible to guarantee 100% up-to-date availability of the supply listed on the website. An ABF employee will therefore send an e-mail or give a telephone call to the prospective lessee, having first sent an online booking form, to confirm the availability of the selected holiday home to the prospective lessee. This confirmation by ABF will create a binding lease contract between the owner / lessor and the prospective lessee. This contract will be subject to present lease- and payment terms.
1.3 After the confirmation mentioned in the preceding sub-clause, ABF will send the lessee a written confirmation by e-mail plus a payment schedule. Within 10 days of this written confirmation, the advance of 50% of the total lease price, the € 45,00 booking fee, and any cancellation insurance premium must be remitted into the bank account of ABF. The payment normally takes place through a transfer to the bank account of ABF. If the tenant wants to pay bye creditcard, 3,5% commission will be calculated above the amount due.
1.4 If receipt of payments was not within the given time period and/or not in full then ABF will be entitled to dissolve the contract on behalf of the owner / lessor and/or to “cause” the amount due, increased by the credit card company fee (5.5%), to be debited to the credit card (number) stated by the lessee.
1.5 The balance of the payment must be remitted into the bank account of ABF no later than 8 weeks before the start of the lease period. The premium payments for any additional insurance policies must be remitted into the bank account of ABF together with the balance of the lease price. In the event of payment received not within the given time period and/or not in full, the provisions in article 1.4 of present terms will apply accordingly. In the event of a booking being made within 8 weeks before the start of the lease period, the total lease price, including other costs, must be remitted to ABF in a lump sum by telephone transfer.
1.6 Alterations by the tenant.
Up to 4 weeks before the first day of the booking of the house, the tenant can appeal to alter the lease. This alteration must be given in writing. Regarding the submitted alteration, Agence Belle France will inform the tenant as soon as possible.The alteration will be brought in to the best of our ability. The alteration will be confirmed either verbally or in writing. Agence Belle France will charge a fee of € 35,00 for each amendement. For any dismissal, Agence Belle France will forward an explanation to the tenant. The tenant can either maintain or cancel the lease. Should the latter arise, the article 5.1 is then applied. If the tenant ignores the dismissal, then the original lease is implemented.
On and after 4 weeks before the first day of the booking of the house, no alterations can be handed in.
Your accommodation address, key-holder’s address, key card and directions
2.1 Upon receipt by ABF of the total lease price, the deposit, if applicable, and other amounts payable by the lessee, ABF will send to the lessee, no later than 2 weeks before departure, the address of the leased holiday home, the key-holder’s address, directions and the key card. The key card must be shown on arrival by the lessee to the owner / lessor.Your hours of arrival and departure
3.1 Subject to different hours being applied by the owner / lessor, the leased holiday home will be at your disposal from 16.00 hours on the day that the lease period starts. The house must be vacated before 10.00 hours, on the last day of the lease period. Subject to written agreement to the contrary, Saturday will be the day of arrival and departure.Rules imposed by the owner of the holiday home
4.1 The lessee shall leave the home behind in a clean and undamaged state and shall comply with the agreed upon lease terms, with the rules imposed by the owner / lessor, and with the provisions contained in the ‘additional explanation concerning the homes’ (submenu of main menu ‘general information’). The owner / lessor will require, should such not already have been requested by ABF, in part for this reason, a deposit to be paid, at the discretion of the lessor, in cash or, as the case may be, by writing a valid cheque accepted in France, or by giving instructions for a (temporary) remittance.4.2 If the lessee fails to comply with the rules, the owner / lessor may oblige him to leave the leased holiday home, whereby the lessee will not be entitled to a refund of the paid lease price and/or to damages. In addition, in such an event the owner / lessor will be entitled to retain the deposit to cover the damage incurred by him.
4.3 If the home is left behind in a clean and undamaged state and the lessee has satisfied all his obligations, then the deposit, unless agreed upon otherwise, will be refunded no later than four weeks after expiration of the lease period by a customary method to be determined by the lessee. Any costs will be paid by the lessee.
4.4 The leased holiday home shall not be occupied by more than the number of persons agreed upon. No camping will be allowed on the leased land. If persons act contrary to the provisions contained in the preceding sentences (even if this should happen only on a temporary basis) then the owner / lessor will be entitled to dissolve the lease contract effective immediately. In such an event the lessee will not be entitled to a refund of the paid lease price and/or to damages. In addition, the lessee will forfeit the deposit. This deposit will attach to the owner / lessor to cover the damage or loss of lease revenues incurred by him, since the house is being occupied by more than the number of confirmed persons. Lessee will not hold Agence Belle France accountable against all other claims that owner / lessor will make in this connection.
4.5 The lessee undertakes to treat the holiday home and its inventory with the utmost care. Damage caused by the lessee to the inventory or to the holiday home must be settled with the owner / lessor no later than at the end of the lease period.
4.6 The lessees will not cause their surroundings any inconvenience as a result of excessive noise. They must respect the peace and quiet of their surroundings at all times. In any event, the other residents’ sleep must be respected between 21.00 hours and 08.00 hours. The owner / lessor of the holiday home will be entitled to give extra instructions in this context, which the lessee is to comply with.
Cancellations
5.1 If an equivalent lessee (such at the discretion of ABF) is concerned, the lessee will be permitted to substitute another for himself up until 8 weeks before the start of the lease period. He will report this as soon as possible in writing to ABF, and he will owe an extra € 50 booking fee. If the lessee is unable to find an equivalent substitute, the lessee will owe, in the event of cancellation up until eight weeks before the start of the lease period, 50% of the lease price + additional costs. In the event of cancellation within eight weeks before the start of the lease period, the total amount will be due by the lessee.5.2 Booking fees and insurance premiums will not be refunded.
Liability
6.1 ABF will not accept any liability or responsibility for damage and inconveniences, in whatever form and arisen from whatever cause, for the lessee and others who find themselves in or around the leased object. If a situation involves such damage or inconveniences then the lessee will be obliged to forthwith inform ABF of this, so that ABF can make efforts to limit or remedy the damage or inconveniences. The lessee undertakes to afford his cooperation to resolving any complaints, including possibly advancing sums of money in connection with resolving the complaints. Premature departure without the consent of ABF will not give the lessee a claim on a refund of amounts paid by him.6.2 Children and/or adults who hold no swimming certificate shall only enter the pool wearing a life jacket and under the supervision of adults. In case of accidents, ABF and the owner / lessor can never be held liable. Concerning other accidents in or around the house, ABF and the owner / lessor cannot be held liable either.
6.3 If ABF and/or the owner / lessor, as a result of war, strike, constraining government measures or other extraordinary circumstances, are/is unable to comply or, as the case may be, are unable to comply on a timely basis with any obligation in whole or in part then the lease contract can be dissolved by them, without the lessee having any claim to damages.
6.4 If for reasons other than those intended in the preceding sub-clause, the leased object cannot be placed at the disposal of the lessee, the lessee will be offered another holiday home. The lessee undertakes in advance to accept this offer, whereby it is explicitly noted that it will be a comparable holiday home. Should this prove not possible then ABF will refund to the lessee the lease price already paid, without the lessee being in a position to claim any damage whatsoever.
Complaints
7.1 Complaints during the stay must be lodged with, and basically be settled with, the owner / lessor or with the key-holder to be designated by the owner / lessor. In the unlikely event that the complaint cannot be resolved there and then, the lessee will be obliged to forthwith inform ABF of this, so that ABF can make efforts to remedy the complaint.7.2 Premature departure, without ABF having been afforded the opportunity to remedy the complaint or without ABF consenting to such departure, will not give the lessee a claim to a refund of the amounts paid by him.
7.3 Damage claims, including those concerning loss of holiday enjoyment, shall never exceed the amount of the lease price. Complaints and claims that have not reached ABF within 2 weeks upon departure from the holiday accommodation will not be accepted for review. All claims made by lessees, on whatever account, will lapse if the period of two weeks mentioned in the preceding sentence has expired.
Additional judicial costs and disputes
8.1 If the lessee does not, or not fully, observe the agreed upon payment periods, and ABF is compelled to have the claim handled by a third party, then the lessee will owe additional judicial costs being 15% of the amount due, or a minimum of € 100.00.8.2 The contracts concluded with the owner / lessor and ABF, respectively, shall be subject to the laws of the Netherlands. Any differences of opinion about the interpretation of our lease terms, or about the quality of the holiday home leased by you, will preferably be resolved in mutual consultation. If, subsequently, legal action ensues, then with the exclusion of others, the Court in Breda will be solely competent to hear the disputes.