Terms and Conditions
GENERAL TERMS AND CONDITIONS
These general terms and conditions are available for inspection at the offices of Toni Kunchi.
In addition, these general terms and conditions can be found on the entrepreneur's website.
(www.tonikunchi.com) The original text of these general terms and conditions is in Dutch. In case of discrepancy between a translation and the original text, the Dutch version shall apply.
Article 1: Definitions
In these terms and conditions, the following terms are understood to mean:
Entrepreneur: Toni Kunchi Curaçao;
Guest: the person who enters into the agreement regarding the holiday accommodation with the entrepreneur;
Co-contractor: the person(s) indicated in the agreement as co-contractor.
Accommodation: Room including bathroom;
Facilities: The swimming pool, appliances and utensils in the accommodation, access gate, patio, terraces;
f. Third(s): any other person(s), other than the guest and/or co-guest;
Agreed price: the compensation paid for the use of the holiday accommodation; a price list should be provided specifying what is not included in the price;
Information: written/electronic data on the use of the holiday accommodation, the facilities and the rules regarding the stay;
Cancellation: the written termination of the agreement by the guest prior to the start date of the stay.
Article 2: content of the agreement
The entrepreneur makes available to the guest, for recreational purposes and not for permanent habitation, a holiday accommodation of the type or category agreed upon, for the agreed period and at the agreed price.
2. The entrepreneur is obliged to provide the guest with the written information on which this agreement is based in advance. The entrepreneur always informs the guest in writing of any changes in a timely manner.
3. If the information deviates significantly from the information provided when the agreement was concluded, the guest has the right to cancel the agreement without charge.
4. The guest is obliged to comply with the agreement and the accompanying information. He ensures that co-guests and/or third parties who visit and/or stay with him comply with the agreement and the accompanying information.
Article 3: term and termination of the agreement
The agreement terminates by operation of law after the expiration of the agreed period, without the need for notice of termination.
Article 4: Price and price changes
1. The price is agreed upon based on the rates in effect at that time, which have been set by the entrepreneur.
2. If, after the determination of the agreed price, additional costs arise due to an increase in burdens on the part of the entrepreneur as a result of a change in burdens and/or levies, which directly affect the entrepreneur or the guest, these costs may be passed on to the guest, even after the conclusion of the agreement.
Article 5: payment
1. The guest must make payments in accordance with the agreed deadlines.
2. If the guest, despite a prior written reminder, does not fulfil their payment obligation within two weeks of the written reminder, the entrepreneur has the right to terminate the agreement with immediate effect, without prejudice to the entrepreneur's right to full payment of the agreed price.
3. If the entrepreneur is not in possession of at least 50% of the total outstanding amount on the day of arrival, she is entitled to deny the guest access to the accommodation, without prejudice to the entrepreneur's right to full payment of the agreed price.
4. Any extrajudicial costs reasonably incurred by the entrepreneur after a default notice will be borne by the guest. If the total amount is not paid on time, the legally established interest rate on the outstanding amount will be charged after a written demand.
Article 6: cancellation
1. Cancellation is possible up to two weeks before the start date;
2. In case of cancellation within two weeks prior to the start date, the compensation to the entrepreneur amounts to 50% of the agreed price;
3. The compensation will be refunded pro rata, after deduction of administrative costs.
Article 7: use by third parties
1. Third-party use of the accommodation is only permitted if the entrepreneur has given written consent.
2. Conditions may be attached to the consent given, which must then be previously recorded in writing.
Article 8: Early departure of the guest
The guest is liable for the full price for the agreed rate period.
Article 9: Interim termination by the entrepreneur and eviction in case of attributable failure and/or unlawful act
1. The entrepreneur can terminate the agreement with immediate effect:
If the guest, co-guest(s) and/or third party(ies) do not or inadequately fulfil the obligations under the agreement, the related information and/or the government regulations, despite a prior written warning, to such an extent that, according to the standards of reasonableness and fairness, it cannot be expected of the entrepreneur to continue the agreement;
c. If the guest, despite a prior written warning, causes nuisance to the entrepreneur and/or fellow guests, or spoils the good atmosphere on or in the direct vicinity of the premises;
If the guest, despite a prior written warning, uses the accommodation in a manner contrary to the intended purpose of the site.
2. If the entrepreneur wishes to terminate and evacuate temporarily, he must inform the guest by means of a personally delivered letter.
3. Upon cancellation, the guest must ensure that the holiday accommodation is vacated and the premises are left as soon as possible, but no later than within 4 hours;
4. In principle, the guest remains obliged to pay the agreed rate.
Article 10: liability
The entrepreneur is not liable for an accident, theft or damage on his premises, unless this is the result of a failure that is attributable to the entrepreneur.
2. The entrepreneur is not liable for the consequences of extreme weather conditions or other forms of force majeure.
3. The guest is liable to the entrepreneur for damage caused by his actions or omissions, those of his fellow guests and/or third parties, insofar as the damage can be attributed to the guest, his fellow guests and/or third parties.
4. The sub-lessee undertakes to take appropriate measures after reporting by the guest of any nuisance caused by other guests.