General terms and conditions

General rental conditions

BnB Service Curacao

Application

These general rental conditions apply to reservations and agreements regarding the vacation accommodations that are rented out by BnB Service Curacao.
In these general rental conditions the term tenant means: the person who enters into a rental agreement with us regarding the rental of one of our vacation accommodations.
These general terms and conditions apply regardless of your prior reference to any terms and conditions of your own or to other general terms and conditions.
Agreements deviating from these general conditions are only valid if previously agreed in writing.

Article 1 Reservations

We only accept reservations from persons 18 years of age or older. Reservations by persons under the age of 18 are not valid. We reserve the right to refuse a reservation at any time without giving reasons.
After booking you will receive a confirmation, the general rental conditions and an invoice within five days. Payment of the invoice is subject to the conditions described in article 2.
Please check these documents for accuracy and report any inaccuracies to us immediately. If you have not received an acknowledgement of receipt from us within 10 days of making the reservation, please contact us immediately. If you fail to do so, you will no longer be able to rely on the reservations, they will lapse.
A contract is established between you and us when we have confirmed the reservation to you. The agreement concerns the rental of a vacation accommodation for recreational use, which by its nature is for duration ex art.7:232 lid 2BW.

Article 2 Payments

a. For the payments the following conditions apply:  

Payments must be made by bank transfer. 
You must pay the invoice amount of 50% of the rent as well as the entire deposit within 14 days of the invoice date. The remaining 50% must be paid 30 days prior to arrival.
If your reservation is within the aforementioned 30 days before arrival date, you must pay 100% of the invoice amount as well as the security deposit in one payment upon receipt of the invoice.

b. Payments should be made by bank transfer to:

IBAN: NL52KNAB0407418660 in the name of F.H. Nugteren and or K.A. Hoekman, quoting the invoice number.

c. By paying a (down)payment or full rent you confirm to have read and agree to the general rental conditions. The rental ends legally after the expiry of the agreed period.

d. In case of non timely payment, as described under a. of this article, you will be in default immediately after the payment term has expired. In that case we reserve the right to cancel your reservation and dissolve the agreement.

Article 3 Deposit

The tenant will be charged a deposit, this may vary per accommodation. The deposit of your accommodation will be shown in the reservation process, it serves to guarantee damage and/or costs in the broadest sense of the word. If applicable to your accommodation, water/electricity will also be charged at the end of your stay. 
The deposit must be paid together with the first payment of the invoice. 
If the deposit is not paid, we are entitled to deny the tenant access to the vacation home. Furthermore, if you remain in default with payment of the deposit, we are entitled to dissolve the contract with immediate effect.
The deposit or the possible remainder thereof will be refunded after settlement of any claims such as final payment of electricity/water and or any damage to inventory and/or vacation home and/or other costs, within 14 days after departure to an account specified by the tenant and after this has been passed on to the landlord. Any further claim for damages will not be nullified by us by this refund.
If, in the event of any damage, it appears that the deposit is not sufficient to compensate for the full damage suffered, we reserve the right to hold you liable for the remaining damage.

Article 4 Changes

If the Tenant wishes to make changes to the booking/agreement after it has been concluded, we are not obliged to comply with them. It is at our discretion whether and to what extent the desired changes are accepted. 
If, after the conclusion of the booking/agreement, the tenant wishes to change the period of stay to a different or non-consecutive/connected period of stay, the cancellation provisions as stated in Article 5 of these rental conditions apply. Other period of stay means in any case a period that is not within the period of stay reserved by the lessee and confirmed by the lessee.

Article 5 Cancellation

Cancellation by the lessee must always be done in writing by email. The following conditions apply:

Partial payments will not be returned in case of cancellation.

For cancellations up to 42 days before the day of arrival, 25% of the rent is due.
For cancellations up to 28 days before the day of arrival, 50% of the rent is due.
For cancellations from 7 days to the day of arrival, 100% of the rent is due.
If you have not arrived within 24 hours after the agreed date without further notice, this is considered a cancellation and 100% of the rent is due.
In case of cancellation on our part, any money already paid will be refunded.

Article 6 Receipt of key

The key transfer takes place at your vacation accommodation by the respective manager.
The tenant is never entitled to duplicate the key for any reason whatsoever. Should the tenant do so anyway, the tenant will owe a fine of €500 without prejudice to the actual costs. We provide the key on loan to the lessee. The key remains our property and must be handed over to the relevant manager after the stay on the departure date. In case of loss, theft or any other way of losing the key, the tenant will owe an amount of €100.
All costs incurred due to your failure to return the property on time will be recovered from you. Goods found after your departure will be reported to you and kept for a reasonable period, however we take no responsibility for this. Return of goods can only be done at your expense.
If the tenant and/or other users have locked themselves out of the vacation home, €50 will be charged. This may be deducted from the deposit. For verification, we may ask the tenant to identify themselves before the copy key is handed over.

Article 7 Residence rules

For the reservations/stay the following times apply.
Check-in is from 16:00, check-out is until 11:00. 
On the day of arrival you can use the vacation home from 16:00. On the day of departure leave no later than 11:00, unless otherwise indicated by the manager who would be present for the check-out.
The tenant and other users must behave as a good tenant during their stay in and around the property. 
Use of narcotics in and around the property is not permitted.
Organizing parties and celebrations is not allowed unless agreed upon with the manager. To avoid nuisance we also ask you to be considerate of the neighborhood between 22.00 - 08.00 hours.
The vacation apartment is non-smoking. Outside on the terrace/balcony smoking is allowed, unless otherwise indicated.
No open fire is allowed outside.
Bringing pets is not allowed.
The rental price does not include final cleaning.
The use of electricity/water is very expensive. It may vary per vacation rental whether this is inclusive or exclusive. If it is included, it will be settled with your manager during check-out with the deposit.
Staying more persons in a vacation accommodation than agreed upon at the reservation, or the maximum number of persons applicable to the accommodation is expressly not allowed without our permission, unless otherwise agreed upon in writing. This may lead to premature termination of the rental agreement on our part, without refund.
Moving closets and beds, as well as sound or television equipment or taking any part of the indoor inventory outside is expressly not allowed, with the exception of dishes/glasses and cutlery for your meals outside.

Article 8 Force majeure

Force majeure on our part exists if the performance of the agreement is prevented in whole or in part, temporarily or otherwise, by circumstances beyond our control. This includes danger of war, personnel strikes, blockades, fire, floods, natural disaster, COVID or similar situations.  

Article 9 liability/complaints/damage

The tenant and other users in the respective rental period in the vacation home are fully and severally liable for all damage caused to the house, the inventory and all items belonging to the rented object, unless the tenant and other users can make it plausible that the damage cannot be attributed to them. We therefore recommend that when you arrive at the property you carefully inspect the inventory for defects and damages. If you notice any damages or defects, please report them immediately to your manager. 
We accept no liability for theft, loss or damage to property or persons of any kind during or as a result of the stay in and around the vacation home.
We accept no liability for construction activities in the vicinity of the vacation accommodation. We accept no liability in the event of power failure or malfunction of technical equipment, utilities, internet and/or TV. 
The cost of normal maintenance and repair of defects will be borne by us. If defects occur, the tenant must notify the manager immediately and follow the instructions as far as possible.
Should you still wish to make a complaint, it must be submitted to us in writing, stating reasons, within 14 days of leaving the vacation home.

Article 10 departure and final cleaning

After the end of the period of stay, the tenant must leave the accommodation tidy on departure.  
The cleaning costs are for the tenant. The amounts vary per accommodation and can already be seen when booking. 
Report any damage and/or breakages to the manager.  

Article 11 applicable law

On all our conditions and provisions from the rental agreement / house rules, as well as any disputes arising from this, only Dutch law applies.