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.