Date of version november 22 2022.

1.Application general terms and conditions
1.1 These General Terms and Conditions apply to all offers, reservation requests, bookings and agreements concluded directly or indirectly with MarinaPark Bad Nederrijn (de Loswal B.V.) and concerning all types of accommodation and camping pitches rented out by Marinaparken, hereinafter referred to in singular as 'Lessor' as user(s) of these General Terms and Conditions. Additional terms and conditions may be set at park level, which will apply in addition to these General Terms and Conditions. If there is any conflict between the General Conditions and the additional (park) conditions, the additional (park) conditions shall prevail.

1.2 In these General Terms and Conditions, the term 'Renter' means the person who enters into an agreement with the Landlord with respect to the temporary rental/temporary use of accommodation and/or camping pitch for recreational purposes. The term 'Users' means the persons who stay in the accommodation together with the Renter.

1.3 These General Terms and Conditions apply regardless of whether the Tenant refers to any of its own terms and conditions or any other general terms and conditions. Landlord rejects all General Terms and Conditions to which Tenant refers or which are used by Tenant.

1.4 Agreements deviating from these General Conditions are valid only if agreed in writing.

2. Reservation

2.1 Landlord will only accept reservations from persons 18 years of age or older. Reservations made by persons under this age are therefore not valid. Marinaparken reserves the right to refuse a reservation request without giving further reasons. 

2.2 The Lessor reserves the right, without giving reasons, to refuse different reservations, especially groups and stays that are not of a recreational nature, but not exclusively, or to impose special conditions on them.

2.3 If the Landlord accepts a reservation, the Landlord will send the Tenant a (written) order confirmation within 14 days, which will also include an invoice. The Tenant must check the order confirmation as well as the invoice for accuracy immediately upon receipt. Any inaccuracies must be notified to the Landlord immediately, but in any event within 8 days.

2.4 If the Tenant does not receive a written order confirmation including invoice within fourteen (14) days after the reservation is made, the Tenant must immediately contact the reservation department, failing which the reservation cannot be invoked.

2.5 A contract is concluded between the Tenant and the Landlord when the Landlord has sent the order confirmation, also being the invoice - by post or by e-mail to the Tenant. On the understanding that the Tenant will receive the confirmation within fourteen (14) days. 

2.6 The agreement concerns the rental of an accommodation and/or camping pitch and/or other facilities for recreational use, which by its nature is of short duration.

3. Changes to the reservation/agreement

3.1 If, after the formation of the contract, the Tenant wishes to make changes to the contract, the Landlord shall not be obliged to accept them. It is at the Landlord's discretion to determine whether and to what extent it accepts such amendments. In the event the Landlord accepts the amendments, the Landlord may charge amendment costs, which shall be at least € 10.00 per amendment. 

4. Subrogation

4.1 The Tenant and the other users of the leased property are not permitted to give the accommodation and/or camping place under any name whatsoever and for any reason whatsoever to anyone other than the persons named in the agreement, unless otherwise agreed in writing with the Landlord.

4.2 If the Tenant and the Landlord have agreed that the Tenant and/or one or more Users will be replaced, both the Tenant and/or Users and the Tenant and/or other Users who replace the original ones are and will remain jointly and severally liable to the Landlord for the payment of the part of the rent still due, the modification costs (see Clause 3.1) and any additional costs resulting from the replacement and any cancellation costs.

5. Prices 

5.1 The Tenant shall owe the Landlord the agreed rental price, as stated in the written confirmation also invoice of the reservation. The prices on the final reservation confirmation/invoice are binding. If the Landlord's costs (personnel, energy, taxes, etc.) have demonstrably and unforeseeably increased after the conclusion of the agreement, the Landlord has the right to increase its prices and charge the increased price to the Tenant. If this price increase will be implemented within 3 months after the agreement has been concluded, that price increase will be a maximum of 5% of the previously agreed price and the Renter will have the right to dissolve (cancel) the agreement on that ground.

5.2 Price discounts and/or special offers can no longer be used if the order confirmation has been sent by the Landlord.

5.3 All prices are, as far as applicable, inclusive of VAT according to the guidelines of the VAT administration at the time of the booking confirmation. Any changes in the VAT rate may be charged back to the Renter and shall not entitle the Renter to cancel the booking. 

5.4 It is not possible to combine different discounts.

5.5 Discounts do not apply to bookings with a stay longer than three weeks. 

 

6. Additional costs 

6.1 In addition to the rental price, the Renter will owe additional costs, as described as additional costs on the reservation/invoice. 

 

7. Payments 

7.1 For all reservations booked more than 6 weeks before arrival, 30% of the Reservation Value must be credited to the Lessor's specified bank account number within 1 day of receipt of the order confirmation. The remaining 70% must be credited to the specified bank account number of the park no later than 6 weeks prior to arrival. For reservations within 6 weeks before arrival, the entire Reservation Value must be paid within 1 day after receipt of the order confirmation.

7.2 If the amounts invoiced to the Tenant are not paid on time, the Tenant shall be in default immediately after the expiry of the deadline for payment. Landlord reserves in 

the right to dissolve (cancel) the agreement with effect from the day on which the period of 14 days has expired. Tenant is then liable for all damages that Landlord suffers or will suffer as a result, including all costs that Landlord has had to incur in connection with the reservation and dissolution, also Tenant will then owe statutory interest. In addition to the foregoing, Landlord shall in any case have the right to charge cancellation fees per accommodation. In that case, the provisions of Article 12 shall apply.

7.3 The Landlord shall always be entitled to set off claims against the Tenant on any account against the amounts paid by the Tenant on any account.

7.4 The Tenant is not entitled to a refund or partial refund of the rental amount if the Tenant leaves before the agreed departure date. 

7.5 If the Renter does not appear on the agreed arrival day, the Renter will owe Marinaparken the entire rental amount. Marinaparken will be entitled to collect the entire rent from Renter's credit card. 

7.6. Marinaparken shall always be entitled to set off claims against Tenant from any principal against amounts paid by Tenant from any principal. 

8. Arrival and departure (also called changeover days/stay)

8.1 Unless otherwise agreed, the rented accommodation can be occupied on the agreed day of arrival as stated on the booking confirmation from 3 p.m. onwards and must be vacated on the agreed day of departure as stated on the booking confirmation by 11 a.m. onwards. For a camping pitch, unless otherwise agreed, Tenant may occupy his pitch from 1:00 pm on the agreed day of arrival as stated on the booking confirmation and on the agreed day of departure Tenant must vacate the pitch before 12:00 pm. If the park applies other times, those times will apply.

8.2 If the Tenant wishes to continue the contract with the Landlord for longer than the agreed duration and the Landlord agrees, the Landlord shall always be entitled to designate another accommodation/camping place.

8.3 If the use of the accommodation and/or camping place and/or other facility is terminated earlier than on the agreed date, as stated on the reservation confirmation, the Renter will not be entitled to a refund of (part of) the rent and/or costs.

8.4 The park reserves the right to carry out a final check on the departure date as of 09:00 a.m. regarding the condition of the rented property and the completeness of the inventory. On the departure day, Tenant must return any keys, barrier passes and straps. The park reserves the right to settle any deficiencies or damages through the SEPA form. 

8.5 Different arrival and departure times must be communicated to the park in a timely manner. Late check-outs may result in a charge to Tenant. 

 

9. Pets 

9.1 Depending on the accommodation and/or camping place, a maximum of 1 or 2 pets of the Renter or Users will be allowed by the Landlord. If the Renter and/or other Users wish to bring along pet(s), the Renter must indicate this immediately upon reservation. In that case, Landlord may charge a surcharge to Tenant. Landlord reserves the right - without giving reasons - to refuse pets at the park. Pets are in any case not allowed in some types of accommodation and on some camping areas.

9.2 Pets do not have access to water features, swimming pools, restaurants, indoor center facilities and other public places in the park (unless otherwise specified on site). Pets must be leashed outside the accommodation. Cats may not run loose outside. On-site instructions must be followed. Pets must not be a nuisance to other guests.

9.3 A dog basket must be brought and a flea collar for dogs/cats is mandatory.

9.4 If pets are caged throughout the rental period, this must also be specified at the time of booking and no surcharge is required.

9.5 Visitors' pets are allowed against payment provided the maximum is not exceeded.

9.6 Animals transported to countries within the EU must have a passport in accordance with the European model (as of July 3, 2004). The animals must be vaccinated against rabies and identification by means of a chip or tattoo is mandatory. Tenant is responsible for having the proper travel documents required for the destination.

 

10. Use of accommodation and house rules 

10.1 The reserved/rented accommodation may only be used by the Renter and/or Users for recreational purposes. Contrary use with recreational purposes means in any case:

- use for (temporary) accommodation in connection with the lack of an actual residential address elsewhere;

- use for (temporary) housing in connection with work;

- use for commercial purposes in any form;

- any other use in violation of (local) laws and regulations.

If at any time Landlord suspects that the Tenant is acting in violation of the recreational purposes, Landlord is immediately entitled to cancel the reservation, without Landlord owing any compensation to Tenant.

If at any time Landlord suspects that Tenant is acting in violation of the recreational purposes and the booking is made within 14 days prior to arrival date, then upon cancellation by Landlord, Tenant shall owe Landlord a fee of 50% of the reservation value.

If upon or after the arrival of the Renter and/or Users, the Landlord finds that the Renter and/or Users are acting contrary to the recreational purposes, the Landlord is entitled to cancel the reservation and to remove the Renter and/or Users from the accommodation (or have them removed). The Renter will then not be entitled to a refund of (part of) the rent and/or costs. By entering into the reservation, the Renter expressly agrees to these conditions, which are weighty for the Landlord, regarding the recreational use.

10.2 The Renter and/or the Users, are jointly and severally liable for an orderly course of affairs in and around the rented accommodation and/or camping place or elsewhere in the park, use of the accommodation and/or camping place and the equipment present therein.    

10.3 Public drunkenness and drug use is not permitted. Furthermore, it is not allowed to move about the park with opened bottles or cans of alcoholic beverage(s) or to consume these beverages in places other than the rented accommodation or Brasserie.   

10.4 In addition, the Renter and/or the Users are always jointly and severally liable for damage due to breakage and/or loss and/or damage of inventory and/or accommodation. Any damage must be immediately reported by the Renter and/or Users to the Landlord and immediately compensated on the spot, unless the Renter can prove that the occurrence of the damage is not due to fault of himself, Users or one of the members of his party.

10.5 If the Renter and/or Users and/or third parties present on behalf of the Renter or Users cause a nuisance of any nature whatsoever, or are guilty of misconduct, the Landlord may terminate the agreement with immediate effect. A nuisance or misconduct will in any case be deemed to have occurred if other guests of the park or the 

employees of the park qualify this as such. If the contract is terminated due to nuisance or misconduct, the Tenant will not be entitled to a refund of the rent.  

10.6 The Landlord is permitted to enter the accommodation without the prior consent of the Tenant or User in all cases in which this is necessary in relation to the service to be provided by the Landlord. Entry may then take place without the Tenant or User being present.

10.7 Charging electric cars is only permitted at the places designated for this purpose. It is explicitly not permitted to charge such vehicles using the power supply of the accommodation.

10.8 Smoking is not permitted in the Accommodation. If this provision is violated, additional costs may be charged and deducted from the deposit to cover the cost of cleaning the rented property. 

10.9 Guests must comply with the rules established by the park, laid down in, inter alia, the Park Regulations. Marinaparken is entitled to immediately remove, or have removed, the Renter and his/her travel companions from the park in the event that the housekeeping rules are violated and/or instructions from personnel are not followed. In such a case, the Hirer will not be entitled to a refund of all or part of the rent and/or to set it off by means of the SEPA form. 

10.10 Marinaparken reserves the right to make changes in the set-up and opening hours of the park's facilities. The renter will allow necessary maintenance to be carried out on the rented property during the rental period. Tenant cannot claim compensation. The necessity of the maintenance will be at Marinaparken's discretion. The renter will also have to tolerate that work can be carried out on the park facilities during the stay.

10.11 The renter will be obliged to keep the rented object properly locked up at all times during his/her absence. Marinaparken will charge any damage resulting from the Tenant's failure to comply with this obligation to the Tenant. 

10.12 On the day of departure, the Tenant must: remove the bed linen, set the refrigerator to 1, turn off the lights, set the thermostat to 15°C and properly close the windows and doors. Tenant shall leave the rented property in orderly and broom clean condition on the day of departure. 

10.13 Regular traffic rules apply in the park. The maximum speed on the park is 5 km/hour (walking pace).

10.14 You may park one car at your accommodation in the designated parking space, unless the accommodation in question has more parking spaces. It is not permitted to make repairs to motor vehicles. 

10.15 Use of the facilities is at your own risk. There is no supervision by Marinaparken at the playgrounds, recreational lake and other play facilities. 

10.16 You must dispose of your own waste in the various containers located in the environmental area.  

10.17 Open fires are prohibited in the park due to the danger of fire. 

10.18 Fireworks are not allowed in the park. 

10.19 Lighting open fires is not permitted. However, you can use an electric barbecue. Charcoal and briquettes are not allowed!  

 

11. Deposit 

11.1 Landlord may require a deposit from Tenant before or at the start of the stay. The deposit may be determined taking into account the total number of Renter and Users staying in an accommodation. 

11.2 The total amount of the security deposit serves:

- to guarantee damage and/or costs -in the broadest sense of the word- that the Landlord may suffer in the event of non-compliance with the obligations of the Tenant and the Users;

- to guarantee compliance with the park rules in general, in particular the rules concerning noise pollution, the use of (soft) drugs and the abuse of alcohol.

11.3 In the event that the deposit is not paid immediately, the Landlord is entitled to deny the Renter and/or other Users access to and use of the accommodation and/or camping place.

11.4 If the Tenant fails to pay the deposit, the Landlord is entitled to dissolve (cancel) the Agreement with immediate effect.

11.5 The deposit or any balance thereof will be refunded after settlement of any claims (damage to inventory/accommodation and/or other costs) of the Landlord against the Tenant and/or Users and/or after deductions as a result of non-compliance or repeated non-compliance with the park rules by the Tenant and/or Users. Any (further) claims for damages shall not be extinguished by this restitution.

12. Cancellation costs 

12.1 If a reservation is cancelled, cancellation fees are due. These amounts are 25% of the Reservation Value if cancelled up to 28 days before the day of arrival and the entire Reservation Value if cancelled from the 28th day before arrival or later.

12.2 If the Renter has not arrived within 24 hours of the agreed date without further notice, this will be considered a cancellation.

13. Force majeure and changes 

13.1 In the event that the Landlord is unable or temporarily unable to perform the contract in whole or in part due to force majeure, it will present the Tenant with a change proposal (for other accommodation, other period, other location, etc.) within 14 days of becoming aware of the inability to perform the contract.

13.2 Force majeure on the part of the Landlord will exist if the performance of the Lease is prevented in whole or in part, temporarily or otherwise, by circumstances beyond the Landlord's control, including but not limited to the threat of war, personnel strikes, blockades, fire, pandemics and epidemics, government intervention, floods and other disruptions or events.

13.3 Tenant is entitled to reject the change proposal. If Tenant rejects the change proposal, Tenant must give notice (depending on the effective date of the lease at the latest) within 14 days after receipt of the change proposal. In that case, Landlord has the right to terminate the contract with immediate effect. Tenant will then be entitled to remission and/or restitution of (the part of) the rent already paid. Landlord will not be obliged to compensate any damage.

 

14. Termination

14.1 The Landlord shall at all times have the right to terminate the Lease with immediate effect, both if at the time of reservation the personal data of the Tenant and/or other User(s) are incomplete and/or inaccurate, and in the event that the Tenant and/or other User(s) misbehave to such an extent that, in the Landlord's opinion, continuation of the Lease cannot be required. In such a case, there will be no refund of the Reservation Value or any part thereof.

15. Liability

15.1 If the law does not prevent it, Marinaparken shall limit its liability in the ways mentioned in this Article 15. Lessor does not accept liability for theft (including theft from bungalow lockers and swimming pool lockers), loss or damage of or to property, or persons, of any nature whatsoever, during or as a result of a stay at one of our parks and/or the rental/use of accommodation and/or camping pitch and/or other facilities of the Landlord, unless there is intent or gross negligence on the part of the Landlord or its employees.

15.2 Liability for damages consisting of loss of travel enjoyment or business and other consequential damages is excluded under all circumstances. The Landlord is furthermore in no case liable for damages for which there is a claim to compensation under a travel and/or cancellation insurance or any other insurance.

15.3 The Landlord shall not be liable for service failures or defects in services provided or items delivered by third parties.

15.4 Liability based on tort is in any event limited to a maximum of €75,000 for personal accidents per guest per stay and liability for material damage is in any event limited to a maximum of €1,500 per Renter/User per stay.

15.5 The Tenant is jointly and severally liable with Users for all loss and/or damage to the rented accommodation and/or camping pitch and/or other property of the Landlord (as well as the owner of the accommodation if this is not the Landlord) caused during or by the use thereof by the Tenant and/or Users, travel companions and/or third parties who are in the park with the permission of the Tenant, irrespective of whether this is the result of acts or omissions of the Tenant, Users, travel companions and/or third parties who are in the park with the permission of the Tenant.

15.6 The Tenant indemnifies the Landlord against all claims for damages of third parties which are (partly) the result of any act or omission of the Tenant himself, Users, travel companions or third parties who are in the park with the Tenant's permission.

15.7 In case of improper use or improper abandonment of the accommodation, including but not limited to excessive soiling, extra costs will be charged, which the Tenant will then be obliged to pay immediately to the Landlord.

15.8 Marinaparken accepts no liability for the fact that the accommodation of the Tenant does not meet the expectations that the Tenant had thereof. 

15.9 Marinaparken accepts no liability for damage or injury caused to goods or persons as a result of staying on the premises or caused by the use of the facilities present on the premises.

15.10 Marinaparken is not liable for damage claims resulting from noise nuisance caused by third parties. 

15.11 Marinaparken is not liable for damage resulting from information provided orally or by telephone by its employees. 

15.12 It may be that (part of) the park facilities are open and/or closed to a limited extent during certain weeks of the year. In order to ensure that all facilities are accessible during a certain period, Marinaparken advises the Renter to check this when making the reservation. 

16. Complaints 

16.1 Despite Landlord's care and effort, Tenant may believe that Tenant has a legitimate complaint regarding the vacation rental. This complaint must be reported by Tenant in the first instance on site and immediately upon occurrence or discovery at the park reception of the accommodation. Should the complaint not be handled to Tenant's satisfaction, Tenant must put her complaint in writing during the rental period. 

17. Applicable law 

17.1 The agreement between Tenant and Landlord is exclusively governed by Dutch law.

18. Travel Documents 

18.1 Tenant is responsible for having the valid travel documents required for Tenant's destination. Landlord accepts no liability for the consequences resulting from not having the correct travel documents.


19. Privacy 

19.1 The Landlord will always treat all personal data provided to it or made known to it in accordance with the provisions of the General Data Protection Regulation (AVG). The lessor will not make your personal data available to third parties except for processing of the data by third parties in accordance with an agreement with Marinaparken. It will use the data itself (and only) to keep you informed of important news regarding the park and interesting offers and/or packages.

19.2 At the request of the Tenant, the Landlord will correct, supplement, remove or shield the Tenant's data if, for example, the data are factually incorrect. This may result in the Tenant no longer being able to use all or part of the Landlord's services. For the matters referred to in this paragraph, see in detail our Privacy Statement.

19.3 If the Tenant does not wish to receive interesting information or offers, the Tenant can let the Landlord know by sending an e-mail to lobbybadnederrijn@marinaparken.nl or by using the contact form. The electronic newsletter can be unsubscribed by using the link at the bottom of each electronic newsletter.

19.4 Photographs and videos. If a Renter or those accompanying him/her or who are in the park through his/her actions happen to be in a photograph and/or video taken for reproduction in a Marinaparken publication and/or for display on a Marinaparken internet site, consent to the use of the photograph and/or video in the publication and/or internet site will be presumed, even if he/she is recognisable in the photograph/video. 

19.5 In connection with security and privacy in the park, drones are not permitted without the Park Manager's permission. 


20. General

20.1 Obvious printing and typesetting errors do not bind the Landlord.

20.2 With these General Terms and Conditions, all previous rental conditions expire.