Annex A – General terms and conditions
- Definitions
In these general terms and conditions, the following terms shall have the following meanings:
1.1 BOR: Bor B.V. established in Bonaire trading as Bor and its legal successor(s).
1.2 The Mediation Services: The mediation by BOR (whether or not by means of the Website) between the User and the Lessor so that the User and the Lessor can conclude a Rental Agreement with each other in relation to the rental of a Holiday Home.
1.3 Visitor: The natural person who uses the Mediation Services of BOR and is not (yet) a User or Lessor.
1.4 Holiday Home: The immovable property offered by the Lessor, through mediation by BOR, as vacation accommodation to the User.
1.5 Lessor: the legal or natural person who rents the Holiday Home to the User.
1.6 Agreement for Mediation Services: The agreement between BOR and the Lessor of which these general terms and conditions form an integral part.
1.7 User: The person who rents a Holiday Home from the Lessor.
1.8 Rental Agreement: The agreement between the User and the Lessor for renting or letting a Holiday Home.
1.9 Stay: The actual use of a rented Holiday Home.
1.10 Website: www.bonaireoceanviewrentals.com.
1.11 Rental Agreement: the written agreement whereby the Lessor, possibly after mediation by BOR, rents out the Holiday Home to the User.
1.12 In writing: by email and/or bailiff.
1.13 Manager: the Manager of the Holiday Home
- General
2.1 If Visitor, Lessor or User, by any means, makes use of the Mediation Services of BOR, Visitor, Lessor or User agrees that he/she is bound by these general terms and conditions.
2.2 The following provisions will refer to the Lessor or the User, however this also includes the Visitor, the person who has not yet rented a Holiday Home or who has let a Holiday Home via the Website.
2.3 BOR is entitled to amend or supplement these general terms and conditions at any time.
2.4 If any provision of the Agreement is void or voidable, the other provisions of this Agreement and the general terms and conditions will remain in full force and effect.
2.5 BOR expressly rejects all other general terms and conditions unless and to the extent that they have been expressly accepted in writing by BOR.
2.6 Agreements that deviate from these general terms and conditions will apply only if and as far as they have been established in writing in consultation with BOR and as far as they have been expressly accepted by BOR.
- Rental Agreement
3.1 BOR is never responsible for the acts or omissions of the User or the Lessor. The Rental Agreement is therefore concluded exclusively between the Lessor and the User, whereby both parties indemnify BOR against any claims for damages or otherwise.
- Price and payment
4.1 All prices and rates quoted by BOR shall be in dollars, exclusive of sales tax and other government levies.
4.2 A non-refundable advance down payment of 20% of the rent is due at the moment that the User makes a reservation of the Holiday Home. In addition, a payment of the outstanding amount of 80% of the rent is due ultimately 30 days prior to the commencement date of the Rental Agreement. Within 30 days prior to the commencement date of the Rental Agreement, the payment of 80% of the rent becomes non-refundable. If the booking is made within 4 weeks before the commencement date of the Rental Agreement, the price must be paid entirely in once, ultimately on the day as indicated (in the invoice) by the Manager or the Lessor.
4.3 The User will be informed separately in advance of the (estimation of) special additional (consumption) costs such as gas, water and electricity, cleaning costs and local fees set by or on behalf of the government.
4.4 In the case of payment by bank transfer, the day of crediting to BOR’s bank account counts as the date of payment. The transfer costs, the additional bank charges and additional costs that might occur as a result of a bank transfer from another country or in another valuta, are for the account of the User.
4.5 BOR will at all times be entitled, both before and after the conclusion of the Rental Agreement, to require security for payment and is entitled to suspend performance of the Rental Agreement until such security has been provided, all this without prejudice to the right of BOR to demand performance, compensation and/or partial or full cancellation and without any judicial intervention. BOR is not obliged to pay any compensation if the performance of the Rental Agreement is suspended as a result of late provision of security by the User.
- Damage deposit
5.1 The User must pay a damage deposit to the Lessor or to BOR ultimately on the commencement date of the Rental Agreement, unless indicated otherwise in the Rental Agreement. If the User does not pay the damage deposit in time, the Rental Agreement is considered terminated.
5.2 At the end of the Rental Agreement, the additional (consumption) costs such as any service, cleaning costs and gas, water and light will be settled. In addition, any damage or loss of items present in or on the Holiday Home will be deducted from the deposit. The then remaining balance of the damage deposit will be refunded to the User by bank or cash, at the Lessor's discretion.
- Rental Agreement User with Lessor
6.1 The User is aware the Rental Agreement is established outside the control and influence of BOR. BOR solely facilitates the conclusion of the Rental Agreement by means of the service it makes available to the Lessor.
6.2 BOR is never a party to the Rental Agreement.
6.3 User is aware that User and Lessor will conclude a non-transferable Rental Agreement.
- Rights and obligations Holiday Home
7.1 Check-in time is at 3:00 pm and check-out time is at 10:00 am, unless the Rental Agreement states otherwise.
7.2 The User must vacate the Holiday Home no later than the time that is included in the Rental Agreement. BOR is never responsible for the consequences of a late departure of the User. In the event of a late departure, the User must pay an additional rental fee per day that is in proportion with the price due.
7.3 The User must behave as a good tenant and use the Holiday Home in accordance with the reasonable instructions for use given by Mediator or the Manager (in the Rental Agreement). The User is legally liable for any damage in the Holiday Home or items therein that has been caused during the lease term. A case of damage must be reported immediately by the User to Lessor or Manager. Repair or replacement costs must be immediately reimbursed by the User to the Lessor or the Manager after the Lessor or the Manager has informed User about the amount of damage.
7.4 Upon departure, the User must leave the Holiday Home in a proper condition (i.e. broom clean). Items present in the Holiday Home should always be returned to their original place (on arrival).
7.5 Dishes must be washed and stored in the designated place. The Lessor/Manager is entitled to make a final check at the time of departure. If Lessor/Manager finds that (several) items have not been put back in their original place or if the Holiday Home is not broom clean, Lessor/Manager is entitled to charge additional (cleaning) costs to the User.
7.6 User is not entitled to use the bed without sheets.
- Right of revocation and cancellation User and BOR
8.1 After conclusion of the Rental Agreement, the User is bound to the booking and the Rental Agreement.
8.2 The advance down payment of 20% is a non-refundable payment. If the booking is cancelled by the User after the advance down payment of 20% has been paid, the advance payment of 20% will not be paid back. If the booking is cancelled by the User within 30 days prior to the commencement date of the Rental Agreement, the outstanding amount of 80% of the rent will not be paid back in addition to the 20% advance payment.
8.3 If the advance down payment of 20% is not paid in time, the booking is no longer valid. If the booking is not cancelled before the 30 days prior to the commencement date of the Rental Agreement, the booking is valid and the outstanding amount of 80% of the advance payment is due by the User in addition to the 20% advance payment.
- Confirmation/revocation by BOR
9.1 The Rental Agreement is concluded after BOR’s offer that includes the terms and conditions declared applicable, has been accepted by the User. After conclusion of the Rental Agreement, the User will receive a confirmation of booking and/or an invoice as soon as possible.
9.2 The offer by BOR may be revoked by BOR even after acceptance by the User of the offer and a confirmation of BOR, for example if the offer or the terms and conditions contain omissions. Withdrawal must be done as soon as possible, but in any event within 24 hours of the moment of acceptance and must be substantiated. The User is in that case entitled to an immediate refund of the fees that have been paid up until then.
- Privacy
10.1 BOR will process personal data of the Lessor and the User. The personal data will only be used to complete the necessary services of BOR.
10.2 BOR will at all times comply with the Act protection of personal data BES.
- Description Holiday Home
11.1 Each Holiday Home is carefully selected. BOR guarantees the accuracy of the description of the Holiday Home as stated on the Website, on the understanding that a deviation of 20% from the size of the living space and mentioned distances is considered acceptable.
11.2 The description and impressions of the Holiday Home and its immediate surroundings, including amenities, furnishings, facilities and recreational facilities, may by their nature or because of interim changes or seasonal influences deviate slightly from the description on the Website.
- Prohibitions
12.1 It is prohibited to smoke inside the Holiday Home.
12.2 It is prohibited to take pets into the Holiday Home, unless the Rental Agreement indicates otherwise.
12.3 It is prohibited to invite guests at the Holiday Home. Only the persons that are indicated as User on the Rental Agreement are entitled to stay in the Holiday Home.
- Dispute resolution and applicable law
13.1 All legal acts between User and BOR shall be governed by BES law.
13.2 All disputes that may arise between BOR and User about these general conditions, will be settled by the Court of First Instance of Bonaire.
