If any provision of these general terms and conditions is found to be null and void, the other terms and conditions shall remain in force and the null and void article shall be considered to be in accordance with the apparent intentions of the parties involved.
Article 1 – Definitions
In these terms and conditions shall apply:
Amarante, registered at Middelburg Chamber of Commerce under number: 220 58 918 and registered office in Middelburgsestraat, 66, 4461 EJ, Goes, The Netherlands.
Accommodation: A house or villa offered by Amarante on behalf of the owner for rental or recreational use.
Lease: A contract between owner and tenant of a rental in Amarante accommodation.
Lessee: The person who rents the accommodation from the range of Amarante rents or intends to rent it.
Co-tenant: The tenant accompanying persons who will make use of the rented accommodation.
Owner: The rightful owner / owners (or their representatives) of the rental accommodation.
Manager: A designated contact person by the owner or Management Company, who acts on behalf of the owner or Management Company.
Rent: The rent of the accommodation.
Total amount: The rental fee plus any remaining amounts due to the owner or to Amarante.
Written communication: messages and documents, sent both by post and e-mail.
Article 2 - Applicability of General Conditions
These general conditions apply to all offers, quotations, contracts and services provided by, with and through Amarante. Deviating conditions are not applicable without specific written acceptance thereof by Amarante. Oral agreements and / or promises of employees of Amarante, to the extent inconsistent with these Terms and Conditions, are only valid if confirmed in writing.
Amarante reserves the right to change these terms and conditions unilaterally. Amarante will announce every change in there terms and conditions at least one month before the commencement, by a written notice or through the web page of Amarante
Article 3 - Nature of the agreement
Amarante mediates in the creation of a lease between the villa owner and the tenant and is explicitly not a party.
Bookings for an accommodation will be made by Internet or telephone. With an internet booking, the lease will be created by Amarante, after receiving the e-mailed booking form, and confirmed with the deposit payment, payable to Amarante (see art.4).
In a reservation made by phone, Amarante will create the lease and send it by e-mail to the tenant and this needs also to be confirmed with the deposit payment. Both methods of booking will be final and binding, i.e. the cancellation in Article 8 cancellation is due.
Article 4 – Payment
Within 5 days after the reservation date, 30% of the total rental has to be in the bank account of Amarante.
The remaining 70% plus any additional charges, is due 8 weeks before the rental starts.
In reservations made within 8 weeks before arrival at the villa, the full invoice amount has to be paid within 3 days after receipt of the booking confirmation.
When booking within 1 week before departure, the full invoice amount has to be transferred to Amarante by telephone banking, where the costs are entirely borne by the tenant. For late payment of the amounts due Amarante will send a written reminder. If the amount due within 14 days after the date of the notice is not in possession of Amarante, the contract will be cancelled. Amarante will charge the cancellation fees as defined in Article 8 to the tenants. If Amarante does not have the full amount of the rent on the day of arrival, Amarante is entitled to deny the tenants access to the property, without prejudice to the right which Amarante has for full payment of the agreed amount.
Article 5 - Additional costs
Any additional costs, such as security deposits, costs for final cleaning and tourism tax, are to be paid directly on the spot in cash to the owner or villa manager, or, if indicated on the invoice, to be paid to Amarante.
Article 6 - Use of the property
The tenant must behave as a good tenant and only and exclusively use the property according to the owner / manager and / or Amarante supplied instructions. Only the persons whose names are on the booking form and accommodation voucher are entitled to use the property.
It is only under certain conditions and with written permission from Amarante allowed to use the property for commercial purposes such as photo shoots or video reports. Also for having private parties, weddings and receptions, the written permission of Amarante is required. The tenant must adhere to the arrival and departure times as indicated on the voucher. For different arrival or departure times, the tenant needs to contact Amarante. Any costs arising from different arrival or departure times are the sole responsibility of the tenant.
Article 7: Price and price change
If, after the adoption of the agreed additional costs, extra costs rise on the part of Amarante, they may, even after the conclusion of the agreement, charge these to the tenant in case the extra costs are the result of an amendment charges and / or fees directly related to the property or the tenant. The prices published on the website of Amarante are subject to price changes, technical errors and obvious typographical errors.
Article 8 – Cancellation
The tenant may at any time cancel the lease or come up with a substitute tenant, provided that this is done in writing.
In case of cancellation by the tenant, the following is in order:
- Cancellation after the accommodation is booked: 30% of the agreed rent;
- Cancellation between 56 days and 42 days before arrival: 50% of the agreed rent;
- Cancellation between 42 days before arrival date: 100% 0f the agreed rent;
Amarante reserves the right to make exceptions, but only in favor of the tenant. In addition, Amarante is obligated in the event of cancellation by the tenant to make efforts to further letting of the accommodation. If this is successful, there will be only (determined by Amarante) limited costs to be charged.
Article 9 - Termination or modification by Amarante
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid.
Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned's control.
Amarante may terminate the lease or change in the following cases:
- In case of force majeure such as war, strike, natural disaster, adverse weather conditions, fire, death of the owner,
unannounced sale and / or occupation of the property by the new owner, etc.;
Very rarely, we may be forced by force majeure to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
- Due to significant circumstances. Compelling circumstances mean circumstances of such a nature, that further alignment of Amarante to the agreement cannot reasonably be demanded; rarely are Amarante forced due to compelling circumstances
to cancel the lease.
- If the tenant, after this was pointed out to them by the owner or manager, does not behave as a good tenant or serious
nuisance to the environment has been caused by the tenant.
- Insofar as the above, there is no negligence or culpable conduct
of the tenant, Amarante will offer the tenant as soon as possible an amendment in the form of an alternative offer of
accommodation. If this is not possible or the tenant does not accept the alternative, then we will look at other solutions, such as shifting your holiday to another period.
Any other damages resulting from the termination or modification will not be reimbursed by Amarante.
Article 10 – Liability
Amarante mediates between the owner of the property and the tenant and is explicitly not a party.
Amarante accepts no liability for:
- Theft, loss or damage of any kind during or following a stay in one of our homes;
- The breaking down or disabling of technical equipment in the homes, temporary outages or disruptions in and around the
property of water/power, not previously announced street roadwork and construction surrounding the property;
- The non-or partial execution of the lease in case of force majeure. This shall include cases that the hired services by the
owner, from which Amarante is depended, is continuously negligent.
- Obvious mistakes or errors on the website of Amarante or other notice, including errors in texts and pictures from the
- Accidents in and around the accommodation.
The lessee is liable for all loss / damage to the rented property and inventory thereof, whether as a result of acts or omissions of the tenant or third party, staying there with the consent of the tenant. If tenants misuse or leave the property in a condition that is considered excessively dirty, any additional costs will be passed to the tenant.
Article 11 – Complaints
The lessee shall submit complaints in the first instance with the manager to find a solution. If the complaint is recorded on the spot by the villa manager, but can’t be resolved, the tenant must contact Amarante within 48 hours. Amarante will endeavour, insofar as this is within its abilities, to solve the complaint to the satisfaction of the tenant. Complaints reported and received after the expiry of the rental period, are not taken into consideration.
The tenant must always give Amarante the opportunity to propose a suitable solution to the complaint. Early departure without prior consultation with the villa manager and / or Amarante, indemnify owner and Amarante of any acceptance of a complaint or any form of refund whatsoever.
Should the complaint not be satisfactorily resolved, then tenants should complain in writing and furnished with as much information as possible, then submitted to Amarante, Middelburgsestraat, 66, 4461 EJ, Goes, The Netherlands, within 4 weeks after the departure date.
Article 12 - Final Provisions
These general conditions are governed by Dutch law, if this is not according to the rules of private international law that provides otherwise. Any disputes arising from these terms will therefore initially be settled by the competent court in the Netherlands, unless international law provides otherwise.