General terms and Conditions Maisonne

 

Article 1 Definition

1.2 Maisonne is an intermediary on the rental of holiday accommodations in France.

1.2 “Tenant”: the natural person or legal person or the partnership of natural and / or legal persons or the acting intermediary or representative acting on behalf of the same, who uses Maisonne’s services, as mentioned in Article 1.6 and concludes a rental agreement with Maisonne or Homeowner.

1.3 “Landlord”: the natural person or legal person or the partnership of natural and / or legal persons or the acting intermediary or representative acting on behalf of the same, who makes use of Maisonne’s services, as mentioned in Article 1.6 and offers a holiday home on the website of Maisonne.

1.4 “Rental Property”: the accommodation to which the rental agreement relates, including property, other structures such as swimming pool, inventory, tools and all movable property associated with the holiday accommodation. Certain private rooms can be closed for the tenant.

1.5 “Lease Agreement”: the lease between tenant and Maisonne or the lease between Landlord and tenant.

1.6 “Services”: all services provided by Maisonne and / or third parties engaged by it, such as mediating between the tenant and landlord, making the website accessible to the landlord and the tenant and for bookings of holiday accommodation.

 

Article 2 Applicability of the general conditions

2.1 These general terms and conditions apply to all offers, quotations and (rental) agreements and services provided by Maisonne and all other acts performed by Maisonne.

2.2 Deviations from these general terms and conditions are only valid if they have been explicitly agreed with Maisonne in writing.

2.3 Any conditions of landlord and / or tenant are explicitly rejected.

 

Article 3 Maisonne’s identity

3.1 Maisonne is registred in the Chamber of Commerce under number 57606870. Our VAT identification number is NL031444301B01. Maisonne is located at the Tilburgseweg-Oost 17, 5651 AG in Eindhoven.

3.2 Maisonne can be reached by phone +31 6 42 10 99 23 or per e-mail at info@maisonne.eu

 

Article 4 Exceptional provisions

4.1 In the event that these general terms and conditions and the order confirmation contain contradictory provisions, the provisions of the order confirmation will apply.

 

Article 5 Applicable law and competent court

5.1 Dutch law applies to the legal relationship between Maisonne and Tenants or Landlords.

5.2 Should a dispute arise between Maisonne and Tenants or Landlords then this will be settled by the competent court of the District of Oost-Brabant.

 

Maisonne and Tenant

Article 6 Lease agreement with Tenant

6.1 Tenant can conclude a Rental Agreement with Maisonne regarding a rental property for a specific period.

6.2 The offers made by Maisonne are not binding, unless otherwise stipulated in writing.

6.3 The rental agreement is established by acceptance of the offer by the tenant, unless Maisonne immediately disputes the rental agreement in writing.

6.4 If Maisonne sends a booking confirmation to the tenant, it is decisive for the content and explanation of the rental agreement, subject to obvious writings.

6.5 Any annotations and reactions of the tenant to Maisonne's offer are not part of the rental agreement, unless Maisonne confirms it in writing.

 

Article 7 Modification and cancellation of the Agreement

7.1 Maisonne is authorized to change the indicated prices, provided that there is a period of 7 months between the booking and the booked period. The tenant has the possibility to cancel up to 6 weeks before the start of the stay if the price increase exceeds 5%. The amounts paid to Maisonne by the tenant are then refunded, with the exception of any booking fees.

7.2 In the event of cancellation, the tenant must immediately notify Maisonne of this and confirm it in writing. Free cancellation of the rental agreement is possible within forty-eight (48) hours after acceptance of the rental agreement by the tenant. If the tenant cancels the rental agreement from forty-eight (48) hours after making the booking to six (6) weeks before the start date of the stay period, the tenant will owe 35% of the total rent. The tenant loses his deposit. In case of a later cancellation, the cancellation fee is 100% of the rental price. Booking fees and insurance premiums will not be refunded.

7.3 The costs of a modification made at the initiative of the tenant amount to € 50.

7.4 If the tenant arrives later in the rental property or leaves earlier than the booked period, the total amount of rent remains due.

  1. If the rental agreement is modified, including a supplement, there is an additional rental agreement. A separate agreement on remuneration will be made in advance about this additional rental agreement. Without a supplementary offer the original conditions apply, whereby the extra services are paid at the agreed rate.

7.6 Changes in the originally concluded rental agreement between Maisonne and tenant are only valid from the moment that these changes have been accepted by both parties by means of an additional or amended agreement.

 

Article 8 Suspension, dissolution and early termination of the Rental Agreement

8.1 Maisonne is entitled to suspend the fulfillment of the obligations or to dissolve the rental agreement if the tenant does not fully or not timely fulfill the obligations under the agreement or that Maisonne has good grounds to fear that the tenant will fail in this obligation.

8.2 Furthermore, Maisonne is entitled to dissolve the rental agreement if circumstances arise which are of such a nature that fulfillment of the rental agreement is impossible or unchanged maintenance of the rental agreement cannot reasonably be required.

8.3 If the tenant does not comply with the obligations arising from the rental agreement and this non-fulfillment justifies dissolution, then Maisonne shall be entitled to the rental agreement any compensation or indemnification, while the contractor, by virtue of default, shall be obliged to pay compensation or compensation.

 

Article 9 Fees, costs and payment

9.1 Unless expressly stipulated otherwise in writing, payment will be made for services provided by Maisonne on the basis of an (electronic) invoice. All rental prices communicated by Maisonne are in euros and include VAT costs, unless explicitly stated otherwise.

9.2 No later than forty-eight (48) hours after receipt of the booking confirmation, the tenant must pay a deposit of 35% of the rent to the bank account indicated by Maisonne.

9.3 The balance must be paid by the tenant no later than six (6) weeks before the start of the rental period of the rental agreement.

9.4 If the tenant books the rental property within six (6) weeks before the start of the rental period, Maisonne requires full and immediate payment of the price of the stay.

9.5 If the tenant has not paid the invoice by the due date at the latest, Maisonne will send a free payment reminder, in which the tenant has a period of fourteen (14) days to pay the payment. If the tenant fails to comply with this, he will automatically be in default. The consequences of late payment of invoices, such as a non-admissibility statement, are for the account and risk of the tenant.

9.6 If the tenant fails to respond to the payment reminder within the period of fourteen (14) days, Maisonne shall be entitled to cancel the booking and, if necessary, to rent it out. The tenant then loses the paid deposit.

9.7 In the event of payment default, the tenant owes default interest on Maisonne's outstanding debts of 2%, with part of the month being regarded as a full month.

9.8 If, for reasons of its own, Maisonne decides to collect a claim for non-payment of one or more invoices by legal means, the tenant, in addition to the judicial costs and the interest referred to in article 9.7, shall also be obliged to pay all judicial and extrajudicial costs reasonably incurred to compensate. The reimbursement of judicial and extrajudicial costs will be determined in accordance with the then valid decision that concerns the reimbursement of extrajudicial costs.

 

Article 10 Damage, travel and cancellation insurance

10.1 Maisonne subscribes, if explicitly indicated, in cooperation with the insurance company Europeesche a damage insurance for the tenant. The tenant is insured for accidental damage to the rental property up to a maximum of € 2,500 per rental agreement. The premium is 1.5% of the total rent.

10.2 In certain cases it is possible for the tenant to also take out cancellation insurance via Maisonne in cooperation with Europeesche Verzekeringen. The tenant will be reimbursed the cost price in case of early termination of the stay. The premium for this amounts to 5.5% of the total rent.

10.3 The policy costs of both insurances are € 3.50.

10.4 If Maisonne takes out an insurance policy for the tenant, the booking confirmation will also serve as a policy for the insurance taken out through Europeesche Verzekeringen.

10.5 Mentioned prices and insurance tax are subject to (legal) changes.

 

Artikel 11 Rental price

11.1 The rental price is the amount for the use of the rental property, including use of the inventory.

11.2 The rental price include the costs of normal use of gas, water and electricity, unless explicitly stated otherwise.

11.3 The rent does not include the rent of linen, cots, the costs for final cleaning and tourist tax, unless otherwise indicated.

11.4 A surcharge may be charged for the use of pool heating and air conditioning.

11.5 Additional consumption charges including, but not limited to, gas, water and electricity can be calculated at the end of the stay.

11.6 The charges mentioned in 11.3 are deducted from the amount of the deposit to be repaid, unless expressly agreed otherwise. Maisonne accepts no liability for interim modification of the stated amounts.

 

Article 12 Deposit

12.1 The landlord is entitled to aks the tenant for a deposit. The deposit must be paid before the start of the rental period in the manner indicated by the landlord, unless expressly agreed otherwise. After the end of the rental period, the deposit will be returned by Maisonne or landlord,  after deduction of any costs of damage caused, losses and / or disproportionate consumption of electricity, water and gas and / or other costs. The amount of the deposit is stated in the booking confirmation.

12.2 Maisonne has no control over the deposit. This is a relationship between the landlord and / or key holder and the tenant. Maisonne does not accept any liability for damage as a result of these problems.

12.3 Maisonne can ask for the deposit on behalf of the landlord. If this deposit must be paid to Maisonne, this must be done in the same way as the remaining payment.

12.4 Maisonne makes every effort to refund the deposit within seven (7) days after the end of the rental period.

 

Article 13 Liability

13.1 The Tenant is responsible for providing correct and representative data that is required for the performance of the rental agreement. Maisonne is not responsable if the tenant has provided incorrect or unrepresentative information.

13.2 Maisonne does not guarantee that the services are accessible at all times without interruptions or malfunctions. Maisonne cannot be held responsable for any damages to the tenant in case of unavailability or dysfunction of the website.

13.3 Maisonne makes every effort to provide the tenant with the correct information, but Maisonne cannot be held liable for the inaccuracy of information that is provided and any resulting damage.

13.4 Tenant is held liable for the damage to the rental property and its inventory during the rental period.

13.5 Maisonne cannot be held responsible for theft, loss or damage prevented by the tenant during the rental period of or through the rental property.

13.6 Maisonne assumes no liability for indirect damage, such as consequential loss, lost profit or missed savings.

13.7 Maisonne cannot be held responsible for non-fulfillment of its obligations in case of force majeure as mentioned in article 14.

13.8 Maisonne can only be held liable for direct damage, actually incurred, paid or suffered by the tenant due to a demonstrable shortcoming of Maisonne's obligations with regard to its Services. The liability as referred to in this article is limited to the amount paid by the insurer. If the insurer fails to pay, or Maisonne is not insured, the liability is limited to the amount agreed in the rental agreement.

13.9 The tenant indemnifies Maisonne against claims from third parties that are related to the Services.

13.10 The limitation of liability does not apply if there is intent or deliberate recklessness of Maisonne.

13.11 This provision does not exclude liability to the extent that liability may not be limited or excluded by law.

 

Article 14 Force majeure

14.1 Force majeure means all external causes, beyond the control of Maisonne, so that full or correct fulfillment of the rental agreement is no longer possible.

14.2 Force majeure as referred to in the previous paragraph also includes, but is not limited to: non-fulfillment of a third party, staff illness of Maisonne or a third party, abnormal weather conditions and strikes.

14.3 In the event of Force Majeure, compliance with the rental agreement will be suspended for as long as the force majeure persists.

14.4 If the force majeure lasts more than two months, both parties have the right to dissolve the lease without the intervention of the court. In such a case, Maisonne will reimburse all amounts paid, deducting all costs incurred by Maisonne in connection with the rental agreement, including, but not limited to, labor costs.

 

Article 15 Privacy and confidentiality

15.1 All stored personal data are processed and stored as stated in the privacy statement.

15.2 Each of the parties guarantees that all information received from the other party that is known or should be known to be of a confidential nature, remains secret. The party that receives confidential data will only use it for the purpose for which it was provided. Information will in any case be regarded as confidential if it has been designated as such by one of the parties.

 

Article 16 Obligations of the tenant

16.1 On arrival the tenant must inspect the rental property and immediate surroundings for any unsafe situations or defects. If this is the case, the tenant must immediately inform the owner. The tenant will give the owner sufficient time to put the situation in order. If, in the opinion of the tenant, the situation is not sufficiently restored, the tenant will immediately inform Maisonne of this.

16.2 The tenant agrees to respect the maximum number and named persons are entitled to stay in the rental property. Overnight of visitors is only possible after prior permission from Maisonne with any additional costs associated with this.

16.3 In the event of non-compliance with the provisions of Article 16.2, the damage suffered can be determined in advance at € 150 per day per person for the number of persons exceeding the maximum number authorized. This provision must be seen as a penalty clause.

16.4 Tenant may not rent or lease the rental property to third parties.

16.5 Pets are not allowed in the rental property unless expressly agreed otherwise in writing.

16.6 Smoking is not allowed in the rental property.

16.7 It is not allowed to open closed rooms. When leaving the rental property, even for a short time, it must be completely closed. In the event of theft or loss as a result of non-compliance with this, the tenant will be held liable for the entire damage. In the event of a fire as a result of negligence, the tenant will be held liable for the damage.
16.8 The tenant is obliged to comply with all instructions from Maisonne and must act as a good tenant. Maisonne assumes that the tenant has a Liability insurance for individuals.
16.9 The Tenant is obliged to comply with all the usual instructions issued by the landlord.

16.10 Tenant who causes such nuisance or burden, that a proper execution of a stay in the rental property is made considerably difficult, may result in the cancellation or termination of the rental agreement. All expenses arising from it are the responsibility of the tenant, if and insofar as the consequences of nuisance or costs can be attributed to him.
16.11 All swimming pools must be legally equipped with an alarm, partition or cover. Tenant is obliged to turn on the alarm, close the fence or install the cover as soon as the pool is not in use.

 

Article 17 Arrival and departure

17.1 The arrival and departure times stipulated in the booking confirmation must be held by the tenant. The tenant is responsible for contacting the owner or key holder of the rental property if he arrives or leaves outside the stated times.
17.2 Maisonne is not responsible for the consequences of the later departure of the rental property by the tenant than the stated time in the booking confirmation. If the tenant exceeds the departure time, he will be required to pay an additional rental day.

17.3 The expected time of departure must be communicated in time to the owner or key holder who inspects the rental property with the tenant.
17.4 After the stay, the tenant agrees that the house is tidy and fully swept. Dishes with accessories are carefully placed back in the cupboards. Movable furniture must be returned in its original position. The tenant agrees to inform the owner or key holder, without delay, and at the latest at the time of departure, of any damages, damages or losses caused to the accommodation, its contents and / or its equipment.

 

Article 18 Complaints

18.1 Complaints regarding Maisonne's services can be reported by e-mail to info@maisonnera.com

18.2 In the event of problems noted on arrival or during the stay, the tenant is obliged to address immediately to the owner or key holder within 24 hours at the latest.

18.3 If the complaint could not be resolved on the spot with the landlord or key holder, the tenant must contact Maisonne as soon as possible. He will try to resolve the complaint as quickly as possible.

18.4 If complaints cannot be satisfactorily resolved, they must be submitted in writing and motivated by the tenant to Maisonne. This can be done no later than 14 days after the end of the stay in rental property.

Maisonne and Landlord

Article 19 Agreement between Maisonne and Landlord

19.1 An agreement is concluded between the landlord and Maisonne, meaning that the landlord may offer the rental property on the Maisonne website and that these can be booked by the tenant. Maisonne only works as a mediator and the rental agreement is between tenant and landlord.

19.2 The offers made by Maisonne are not binding, unless otherwise stipulated in writing.

19.3 The agreement is established by acceptance of the offer by the landlord, unless Maisonne immediately disputes the rental agreement in writing.

19.4 If Maisonne sends a booking confirmation to the landlord, this will be decisive for the content and interpretation of the agreement, subject to apparent writings.

19.5 Any comments and reactions from the landlord to the quotation of Maisonne are not part of the agreement, unless Maisonne confirms this in writing.

 

Article 20 Suspension, dissolution and premature termination of the Agreement

20.1 Maisonne is entitled to suspend the fulfillment of the obligations or to dissolve the agreement if the landlord does not fully or not timely fulfill the obligations under the agreement or that Maisonne has good grounds to fear that the tenant will fail in this obligation.

20.2 Furthermore, Maisonne is entitles to dissolve the agreement if circumstances arise which are of such a nature that fulfillment of the agreement is impossible or unaltered maintenance of the agreement cannot reasonably be required.

20.3 If the landlord does not comply with the obligations of the agreement and this non-fulfillment justifies dissolution, then Maisonne shall be entitled to dissolve the agreement immediately and with immediate effect without any obligation on its part to pay any compensation or indemnification, while the landlord, by virtue of default, but compensation or compensation is required.

 

Article 21 Cancellation of the Rental Agreement

21.1 If the tenant cancels the rental agreement forty-eight (48) hours after the conclusion of the rental agreement until six (6) weeks prior to the beginning of the rental period, Maisonne will use its best efforts to find new tenants for the vacated period.

21.2 In that case, the landlord will receive the down payment of the basic rent, less the commission of Maisonne. The landlord will only receive the down payment if the rental property for that period is not re-rented to a new tenant.

 

Article 22 Payment, costs and payment to Maisonne

22.1 Unless expressly stipulated otherwise in writing, payment will be made for services provided by Maisonne on the basis of an (electronic) invoice. All prices communicated by Maisonne are in euros and include VAT costs, unless explicitly stated otherwise.

22.2 The landlord pays Maisonne in the form of a commission per booking.

22.3 Maisonne reserves the right to change prices, but this will not affect the already existing agreements.

22.4 When paying a rental agreement to the Landlord, the commission of Maisonne is withheld from this payment.

 

Article 23 Liability

23.1 The landlord is responsible for providing correct and representative data that is required for the performance of the rental agreement. Maisonne is not responsable if the landlord has provided incorrect or unrepresentative information.

23.2 Maisonne does not guarantee that the services are accessible at all times without interruptions or malfunctions. Maisonne cannot be held responsable for any damages to the tenant in case of unavailability or dysfunction of the website.

23.3 Maisonne cannot be held responsible for damage as a result of failure or delay of electronic messages.

23.4 Maisonne cannot be held responsible for costs if the tenant does not fulfill his payment obligations towards the landlord.

23.5 Maisonne cannot be held responsible for the damage caused by hackers.

23.6 Maisonne assumes no liability for indirect damage, including but not limited to consequential damage, loss of profit, missed savings and damage due to business stagnation.

23.7 Maisonne cannot be held responsable for damage suffered as a result of force majeure as referred to in article 24.

23.8 Maisonne can only be held liable for direct damage, actually incurred, paid or suffered by the landlord because of a demonstrable shortcoming of Maisonne's obligations with regard to its services. The liability as referred to in this article is limited to the amount paid by the insurer. If the insurer does not pay out, or that Maisonne is not insured, the liability is limited to the amount agreed between the landlord and the tenant.

23.9 Landlord indemnifies Maisonne against claims from third parties related to the Services.

23.10 The limitation of liability does not apply if there is intent or deliberate recklessness on the part of Maisonne.

23.11 This provision does not exclude liability to the extent that liability cannot be limited or excluded by law.

 

Article 24 Force majeure

24.1 Force majeure means all external causes, beyond the control of Maisonne, so that full or correct fulfillment of the rental agreement is no longer possible.

24.2 Force majeure as referred to in the previous paragraph also includes, but is not limited to: non-fulfillment of a third party, staff illness of Maisonne or a third party, abnormal weather conditions and strikes.

24.3 In the event of Force Majeure, compliance with the rental agreement will be suspended for as long as the force majeure persists.

24.4 If the force majeure lasts more than two months, both parties have the right to dissolve the lease without the intervention of the court. In such a case, Maisonne will reimburse all amounts paid, deducting all costs incurred by Maisonne in connection with the rental agreement, including, but not limited to, labor costs.

 

Article 25 Obligations of the Landlord

25.1 This article only applies to the landlord who offers the rental property via the website of Maisonne.

25.2 Maisonne is only the mediating factor. As soon as a tenant makes a booking via the website, Landlord and tenant themselves have mutual contact.

25.3 Landlord is responsible for confirming the booking as soon as possible, at least within twenty-four (24) hours.

25.4 The landlord sends a booking confirmation to the tenant after receipt of the tenant booking.

25.5 Landlord is obliged to perform all the obligations arising from the rental agreement concluded with the tenant, such as matching arrival and departure times, arranging the transfer of the key and ensuring a clean and completely furnished rental property.

25.6 Landlord himself must keep track of the reservations made by tenants.

25.7 The landlord grants access to the communication with the tenant and the data from the tenant to Maisonne.