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© Simply Chateau 2004
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TCVC CONSUMERS GENERAL CONDITIONS

CONCEPTS:
In these general conditions it is understood Simply Chateau is part of the Chateau & Villa Company Ltd.
TCVC: The Chateau & Villa Company Ltd, UK.

(Main)Tenant: A (natural) person, one who rents or wishes to rent a Holiday house from the TCVC offer.
Co-tenant: Person who stays together with the (Main) tenant in the holiday house.
Manager: Person who performs management tasks on behalf of the owner of the holiday house.
Consumer: A natural person who rents a holiday house and does not act in the exercise of its profession or company.
Third: Every other (right) person, are not TCVC or Tenant.
Owner: The legal owner of a holiday house (or the beneficial representative), who has offered the holiday house to TCVC for renting.
Offer: An offer intended as in the Civil Code.
Cancellation: Revoking or dissolving the booking within the granted terms for that purpose.
Consideration period: The period in which the consumer can cancel a booking at TCVC at no cost.
Booking: A reservation of a holiday house accepted by TCVC
Dissolution: In a legal manner “Dissolving” of the rent agreement due to obligations not being met from the rent agreement.
Holiday House: For example a house or castle offered to be rented by TCVC as holiday accommodation.
Residence: The actual use of a holiday accommodation.
Residence ticket: Voucher.

1. Relevant General Conditions
1.1 These general conditions apply to all offers and tenders of, agreements with, supplies and services of TCVC. Derogatory stipulating, appointments or regulations apply only if and insofar these have been confirmed by TCVC in writing. Verbal appointments and/or promises of employees of TCVC are exclusively valid if the authorized employees of TCVC have confirmed them in writing. These general conditions apply exclusively on legal perspective between TCVC and consumers and not on legal perspective between TCVC and companies, respectively persons who act in the exercise of their profession. Please be aware that these terms are our consumers general conditions and do not apply to every property in our portfolio. For property specific terms please enquire prior to confirming a booking.

2. Realization and contents agreement
2.1 An agreement between TCVC and the Tenant is brought about by confirmation of a telephonic, written or electronic (internet/e-mail) booking of a holiday house from the actual offer from TCVC.
2.2 After booking, the tenant receives a confirmation of the booking/rental agreement, which serves as proof of the agreement. (Please keep these details safe!)
2.3 The booking confirmation and rental agreement is sent by TCVC, which contains all relevant details for the stay in the booked holiday house. In the interest of a good booking and the prevention of misunderstandings, after receiving the booking confirmations or rent agreement, the Tenant is required to thoroughly check the booked details and report incompleteness or inaccuracies within 7 days to TCVC after receipt of the booking confirmation. If a similar mention is outside the constituted terms, then the Tenant is not entitled to invoke the incompleteness or inaccuracy of the booking confirmation/rent agreement.

3. Cancellations
3.1 The deposit balance is non-refundable except in the following instance. The tenant is entitled to cancel a booking, in writing, without costs within a given time of 7 working days, unless the stay in the holiday house elapse within 1 calendar month after the booking. The date of the postage stamp or the date of the concerning e-mail message is reported determinative for the answer of the question if the cancellation occurs swiftly.
On expiry of the period mentioned in 4.1, the Tenant is only entitled to written cancellation against settlement of the next cancellation costs:
a. when cancelling up to the 42nd day before commencement of the first residing day: 30% of the rent amount;
b. when cancelling from the 42nd day to the 28th day before commencement of the first residing day: 60% of the rent amount;
c. when cancelling from the 28th day to the first residing day: 90% of the rent amount;
d. when cancelling on the first residing day or later: the full rent amount
3.2 Cancellation of a booking through the (Head) Tenant is also considered an annulment at the expense of co-tenants.
3.3 The Tenant can insure himself against annulment for the stay period at a known insurer with TCVC.

4. Payment
4.1 Payment of the full rent sum (including VAT, insurance costs and other explicit reported additional costs) must be settled, at the utmost nine weeks before the first day of the stay in the booked holiday house. Payment settlement in two terms:
a. 50% of the rent sum must occur within 7 days after booking;
b. 50% of the rent sum must be settled at the latest 9 weeks before the first day of stay.
4.2 Contrary to the specifics in 5.1. Payments of late bookings (i.e. bookings within nine weeks before the first day of stay) need to take place in full within 3 days after booking. TCVC is entitled in the case of late bookings to request exclusive cash payment.
4.3 Payment can only take place by means of a credit card, cheque or by means of cash (including bank transfer).
4.4 TCVC is not responsible for sending or reminding the Tenants about the expiry of a payment term or account summaries, unless otherwise stipulated in the agreement.
4.5 The Tenant never has the right to suspend the payment. After the expiry of the payment terms, the tenant is omitted. The Tenant can raise the omission by paying the full rent money to TCVC within 3 days after entering the omission.
4.6 TCVC has the continuous right to request the security of payment before as well as after the completion of the rent agreement. The same applies under suspension of the execution of the rental agreement until the security stands; if the right of TCVC is not applied to, TCVC still has the right of claims based on damage and/or complete or partial cancellation, without judicial intermediary and without claiming for any indemnification from TCVC.

5. Security Deposit
5.1 The Tenant needs to pay a deposit for the stay in the holiday house on the spot, failing in non-payment thereof the rental on the commencing date will be considered as dissolved!
5.2 The deposit needs to be received on arrival at the accommodation address to the Owner or the Manager of the holiday house, unless the rental agreement is stipulated differently on the residence ticket (voucher). After the end of stay in the holiday house the additional costs such as contingent service and cleaning costs are settled and observed damages or loss of things present in or to the holiday house is settled with the deposit and the remainder of the deposit is repaid to the Tenant. For the repayment of the deposit, the Tenant needs to provide the owner or the manager with his/her full address and bank account details (account number and IBAN and BIC code).

6. Tenant Laws and Obligations at the place of the holiday house
6.1 With regard to the current situation, the local right of application beside these conditions and the rental agreement still applies. These conditions and rental agreement prevail in so far that the law has not stipulated otherwise.
6.2 On arrival at the holiday house, The Tenant needs to collect the keys from the holiday house between 16.00 and 18.00 from the Owner or Manager, unless otherwise stipulated in the rental agreement or the residence ticket (voucher). On an arrival outside the mentioned time, then the Tenant need to make an appointment directly with the owner.
6.3 Unless otherwise stipulated in the rental agreement or the residence ticket (voucher) the Tenant is required to vacate the holiday house at the time stipulated on the rental agreement. TCVC is not responsible for the consequences of late departure than the stipulated time.
6.4 On departure later than the stipulated time on the residence ticket (voucher), the Tenant is required to pay an additional amount per day.
6.5 It is important that the Tenant conducts him/herself as a good Tenant and use the holiday house in accordance to the user instructions given by TCVC or owner/manager.
6.6 The Tenant and his/her co-tenants are lawfully responsible for any damages to or in the holiday house. In such a case, any damages need to be reported by the Tenant directly to the Owner. Reparation or replacement costs needs to refund immediately by the Tenant directly to the Owner/Manager on duty.
6.7 On departure, the Tenant needs to leave the holiday house in a good state – meaning: leave the house cleanly swept. The things present inside the holiday house need to be left in their original place (as on arrival). Dinner sets needs to be washed and packed away in their original place. The Owner/Manager will observe whether (several) things have not been placed in their original place or if the holiday house has been cleanly swept, if not, the Owner/Manager is entitled to charge the Tenant extra (cleaning) costs.
6.8 The Tenant needs to use linen on the beds and is not allowed to use the beds without sheets.

7. Termination of the rental agreement
TCVC is authorized to cancel the rental agreement with immediate effect:
a. if, in case of notice of default, and neglect of the fulfilment of important issues, which have to be applied to, stated in the rental agreement and/or these conditions. In case the Tenant has been summoned to this, not acting as a good tenant, in particular if the Tenant, in spite of warnings from the owner or the manager, caused serious damage to his/her accommodation surroundings.

8. Complaints
8.1 The Tenant is entitled to submit his/her grievances by means of a complaint to TCVC. TCVC needs to handle a complaint adequately and with capable speed, thus handling the complaint with criterion of reasonableness and fairness.
8.2 The Tenant serves a complaint, originating on arrival at the holiday address or during the stay, at the latest within 24 hours to be reported to the Owner/Manager. The Owner/Manager will endeavour to solve the complaint immediately on the spot. In case the established complaint cannot be solved on the spot by the Owner/Manager, then the Tenant needs to report the complaint within 48 hours after the observation telephonically to TCVC still providing TCVC the possibility to solve the problem on the spot. The complaint can be reported telephonically during office hours, on the telephone number of TCVC (+44 (0) 20 7610 9773).
8.3 In case a complaint after consultation with the owner/manager and TCVC cannot be solved on the spot to the satisfaction of the Tenant, the Tenant need to request a complaints form from TCVC and complete it within 30 days after departure from the accommodation and send to TCVC. Failing in doing so, the complaint will not be attended to. TCVC will handle the complaint after receipt and in any case that the complaint seems justified, an appropriate resolution will be searched for, corresponding to the seriousness of the complaint.

9. Force Majeure
9.1 In the case of force majeure, both of a permanent and temporary nature, TCVC is authorized to annul the agreement completely or partially or to suspend it temporary without the TENANT having to claim on performance and/or indemnification. The following can be understood under force majeure but not exclusively: danger of war, revolt, war risk, strikes, boycotts, traffic interference or transport, measures of the authorities, scarcity of raw materials, natural calamities, and further other circumstances, extraordinary weather conditions, death of the owner, divorce of the owner, unannounced sale and/or occupation of the holiday house by the owner in which complete or partial compliance with the agreement cannot be demanded to reasonableness and fairness from TCVC.  

10. Liability
10.1 TCVC cannot be kept liable for the damage caused in the holiday house by the Tenant or third party; the tenant will secure TCVC from these related liabilities. In particular TCVC is not responsible for interferences in and around the holiday house as but not excluding, interruptions and failure of current- and water supplies and technical installation, not or untimely announced building activities and changes to entrances – or main roads.
10.2 TCVC can only be kept responsible for damage, which is owing to the gross fault of the irresponsibility of TCVC.

11. Privacy
TCVC will still handle all its information or known personal details corresponding to the conditions of the Data Protection Act. TCVC will not disclose personal details to any third party.