GENERAL TERMS AND CONDITIONS OF BIZSTAY BV.
These general terms and conditions are applicable to all bookings made with BizStay B.V., as defined in article 1, and to every agreement between the lessee and the lessor.
In these general terms and conditions the following terms have the following meanings:
- lessee: every party that submits a request to the lessor to book an apartment either online or by email, telephone or by any other way;
- lessor: BizStay B.V., a private company with limited liability with its registered seat in Voorburg and its principal place of business in The Hague, at Koninginnegracht 60, 2514 AE, listed in the commercial register under number 5118194;
- booking: every agreement entered into between the lessee and the lessor for the short stay rent of housing accommodation;
- website: the website of the lessor: www.bizstaythehague.com;
- disclaimer: the disclaimer on the website.
2.1 A lessee can make a booking for an apartment via the website of lessor, by e-mail, by telephone, in person at the office of the lessor or through external booking sites such as Booking.com, AirBnB, Wimdu.de or any other booking channel used by BizStay B.V.
2.2 Lessor will confirm all bookings by email. It is the responsibility of the lessee to provide the correct email address and to inform lessor in case this email address changes.
2.3 All bookings are based on the information provided by the lessee (e.g. personal details, number of guests). If the information provided by the lessee would turn out to be incomplete and/or incorrect, the lessor reserves the right to terminate the booking with immediate effect, without being obliged to pay any compensation to the lessee.
2.4 Lessor reserves the right to refuse any booking at lessor’s sole discretion.
3.1 A booking can be cancelled at no cost until 14 days before the first day of the agreed rental period.
3.2 In the event of a cancellation within 14 days until 24 hours before the first day of the rental period, the cancellation charges will be 50% of the agreed rent for the rental period.
3.3 In the event of a cancellation within 24 hours before the first day of the rental period, the cancellation charges are 100% of the agreed rent for the rental period.
Acceptance of Terms & Conditions
4.1 By making the booking, the lessee expressly declares that it has read, understood and accepted the present general terms and conditions. The lessor reserves the right to add additional general and/or special conditions for each individual service.
5.1 Payment is to be done in Euro only.
5.2 Unless lessor and lessee agree otherwise, Lessee must complete the full payment of the booking amount 14 days before the commencement date of the booking period. In case lessee has not paid the full amount on time, lessor reserves the right to terminate the booking.
5.3 In case the booking is made by a company located in the Netherlands, the payment can be done on account. Unless agreed otherswise, the company must complete the payment within 14 days counted from the starting date of the booking period.
5.4 Payments are preferably made by bank transfer. Alternatively to a bank transfer payments can also be made through PayPal or with a valid credit card (Mastercard or Visa) with an expiry date that is later than the date on which the intended stay will end. Lessor may pass the credit card details to a third party to process the payment. 5.5 All prices are quoted in Euro and are subject to seasonal change. Once a booking is confirmed by lessor, prices cannot be increased by lessor unless the lessee alters the booking.
5.6 All prices quoted are inclusive 6% Value Added Tax (“VAT”) and exclusive of city tax, unless otherwise stated.
5.7 Expressing a protest or complaint does not release the lessee from its payment obligations.
5.6 After confirmation of the booking the rent can no longer be brought up for discussion by the lessee.
6.1 On the day of arrival, an employee of the lessor will meet the lessee at the location. A specific time for the meeting has to be determined in consultation, but normally the locations will be available from 14.00 pm. The employee will hand over the key to the lessee and do the check-in.
6.2 Any check in before 7.00 am or after 10.00 pm are considered to be an early or late check in for which lessor may charge lessee an extra amount of 25 EUR.
6.3 Unless agreed otherwise, an employee of the lessor will meet the lessee at the location on the day of departure to collect the keys and to inspect the apartment. The lessee has to leave the apartment on the day of departure before 11.00 am, but a specific time for the meeting has to be determined in consultation.
6.4 The lessee has the obligation to personally use the premises or to allow one of its employees to use the premises.
6.5 The lessee undertakes to comply with all applicable laws and regulations originating from government agencies.
6.6 If the premises forms a part of a larger whole, the lessee will abide by the applicable (house) rules. The lessee undertakes to fill in and sign any forms that have to be signed in connection with the lessee's stay in the premises.
6.7 The lessee is obliged to use the premises in a normal manner and to refrain from causing the neighbours or the lessor any nuisance. For that reason the lessee is not allowed to play a musical instrument, to have pets or to smoke in the premises.
6.8 The lessee has the obligation to take the required measures to avoid damage to the premises. The lessee will take action to avoid that the central heating and the water pipes freeze. The lessee ensures that the bathroom is kept clean so that no mould formation will occur. Any costs that arise from this cleaning obligation will be borne by the lessee.
6.9 The lessee will inform the lessor immediately, or in any event as soon as possible, of any damage to the premises. If the lessee violates this obligation to warn, the lessee will be liable for all damage.
Leaking taps and problems with the toilet have to be reported immediately in any event. If not, extra repair costs will have to be borne by the lessee.
If the lessee is absent for a prolonged period of time, the lessee will see to it that the lessee will be able to comply with its obligation to warn.
6.10 The lessee is liable for all damage to the premises caused by the lessee’s failures in its obligations under the rental agreement. All damage to the premises is considered to have been the result of failures of the lessee in the performance of its obligations under the rental agreement.
Costs to be borne by the lessee
8.1 Unless otherwise agreed, the following costs are to be borne by the lessee:
a) the breaking or loss of keys;
b) breaking of glass within the premises;
c) costs for repair or replacement in the event of damage to fixtures and fittings (also including furniture) caused by the lessee, user or guests of the lessee or user;
d) the costs for the cleaning and dry-cleaning service. The cleaning service is in any event put into service after the vacation of the premises by the lessee at the end of the rental agreement but if necessary also more often if the lessee so wishes;
e) city tax and/or local taxes and fees charged by the municipality of The Hague to residents who are (temporarily) registered at the address of the premises.
8.1 The lessee undertakes to vacate the premises by the end of the agreed booking period.
8.2 The lessee has to deliver the premises in the same conditions the premises were in when they were made available to the lessee. The lessee declares that it received the premises in a good state of repair, free from any damage and clean.
8.3 Upon delivery all the fixtures and fittings made available have to be present. It is not permitted to change the arrangement of the fixtures and fittings.
8.4 Upon delivery the lessee has to return the key sets to an authorized representative of the lessor unless lessor has instructed otherwise.
8.5 If the lessee does not deliver the premises in a clean state according to the lessor or if repairs of the premises are necessary according to the lessor, the costs that the lessor had to make for cleaning or repairs will be borne by the lessee. Minor damage caused by normal use will be borne by the lessor.
8.6 The lessee forfeits the rights with respect to its personal belongings that the lessee leaves behind in the premises upon delivery. The lessor is entitled to remove these items (or to have them removed). The costs of removal are to be borne by the lessee. The lessor is not obliged to carry out maintenance to the items left behind and cannot be held liable for any damage of the items left behind.
Alterations to the premises
9.1 The lessee is not allowed to make any alterations in or to the premises, unless the lessor has given its previous written consent. The lessee is responsible for all damage that results from any (minor) alterations, for example affixing nails, screws, stickers etcetera.
Substitution and subletting
10.1 Subject to the lessor’s prior written permission, the lessee is not allowed to substitute another party in its place.
10.2 Subject to the lessor’s prior written permission, the lessee is not allowed to sublease the premises to another party.
Liability and indemnification of the lessor
11.1 If the housing accommodation to be rented is not owned by the lessor but the housing accommodation is rented by means of a mandate, the lessor is not liable in any event for obligations, of whatever nature, that arise from the agreement of mandate or agency and that have effect on the rental agreement.
11.2 The lessor is not liable for any damage to items or to the lessee, user or visitors of the lessee or user, caused by any defect in the premises as a result of weather conditions like floods, natural disaster or other calamities.
11.3 Any liability of the lessor, its employees or representatives with respect to the lessee is limited to the amount of the compensations that were paid to the lessor in the performance of the booking agreement, irrespective of the legal ground on which the liability of the lessor is based.
11.4 In no event will the lessor or its employees or representatives be liable (neither by contract, nor arising from a wrongful act) for any indirect damage or consequential damage, including (but not limited to) loss of profit or turnover.
11.5 The parties agree that the lessor is not obliged to any indemnification of the lessee, nor to any assistance of the lessee, in the event that any action is instituted against the lessee by a third party which directly or indirectly results from the booking agreement, the foregoing irrespective of the legal ground on which such an action is based.
12.1 Unforeseeable circumstances and/or force majeure gives the lessor the right to break the booking agreement in whole or in part without any notice period and cancellation fee or the right to suspend the obligations under the booking agreement. As the occasion arises the lessor cannot be held liable in any way for the non-performance of its obligations nor for any damage that the lessee might suffer as a result.
Termination and additional guarantees
13.1 Without prejudice to the right to compensation, the lessor is entitled to terminate the agreement, also if partially carried out, without notice of default being required or to demand additional guarantees:
- In the event of bankruptcy, a guardianship order, administration order, serious erosion of the creditworthiness or the death of the lessee;
- If the lessee does not fulfil its obligations under the booking agreement, the services and these general terms and conditions;
- If the lessee does not actually make use of the premises any longer.
13.2 The lessee indemnifies the lessor against possible claims that result from the circumstances described in 12.1.
14.1 If the premises cannot be made available by the lessor to the lessee on the agreed date, because:
-the premises were not ready in time for rent;
-the former lessee did not vacate the premises in time;
-the lessor is not yet in the possession of the appropriate permits to enable the rent; or
-another cause, also including force majeure situations, that prevents the availability of the premises, the lessee will not owe any rent for the duration of the delay. Other obligations under the rental agreement to which the lessee is subject, will be suspended accordingly.
14.2 The lessor is not liable for the damage that the lessee suffers as a result of the delay, unless in the event of gross fault or gross negligence.
14.3 The lessor informs the lessee as soon as possible of the impending delay. At the moment that the delay is solved and the premises are made available to the lessee, the obligations that arise from the booking agreement revive for the lessee. As from the moment the premises are made available, the lessee therefore has to pay the rent again.
15.1 If the lessee fails in the performance of the booking agreement and the failure continues in spite of a notice of the lessor to resolve the failure, the lessee owes a penalty of €250 per day for each day that the failure continues. The lessor also retains its right to compensation and termination, without notice of default being required.
Access to the premises
16.1 If the lessor or its authorized representative wishes to enter the premises for a viewing, valuation, future rent or repair of the premises and wishes to have the work carried out, the lessor will be entitled to do so on working days between 9:00 a.m. and 17:00 p.m. Before entering the premises at the aforementioned hours, the lessor has to make an appointment with the lessee at least 24 hours in advance, unless in the case of an emergency situation (e.g. flooding, leakage, fire). In such case lessor has the right to enter the premises at any time.
16.2 In the event of long-term absence of the lessee, e.g. holidays, the lessee makes sure that the lessor has access to the premises for the purposes of the aforementioned viewings and/or work. When the occasion arises the lessee informs the lessor in which way the lessor can get access to the premises.
Authority to let
17.1 The lessor declares that it is authorised to enter into the booking agreement with the lessee. The lessor indemnifies the lessee against any claims that might arise from a possible lack of authority.
18.1 Except in the event of other written notices, the lessor acts as property manager of the premises. The particulars of the lessor are:
- BizStay B.V.
- Koninginnegracht 60, 2514 AE The Hague
- + 31 70 260 1269 (from 8.00 am – 9.00 pm)
19.1 The lessor is entitled to transfer the booking agreement and all the rights and obligations that arise from the booking agreement to a third party. By accepting the booking agreement the lessee grants permission for a possible transfer in advance.
Amendments of the rental agreement
20.1 Any amendment to the booking agreement will only be made by writing in email.
Nullity of general provisions
21.1 The nullity of any provision of these conditions will not have any effect on the validity and/or enforceability of the other provisions and will therefore not lead to the nullity of these provisions. A change of the direction, management or shareholders of the lessor has no effect on the services, the booking agreement or any other agreement between the parties. The lessor reserves the right to amend its general terms and conditions if the lessor considers this necessary and/or if this is necessary in connection with the activities of the company.
Costs of legal proceedings
22.1 Except in the event of an order for costs for the lessor by a court, the lessee bears all and any judicial and extrajudicial costs that result from any claims by both sides under the booking agreement. The lessee and the lessor agree that these costs will be determined according to the Bailiffs' Fees Decree (Besluit tarieven ambtshandelingen gerechtsdeurwaarders) as valid at that moment.
23.1 The lessee elects domicile at the address of the premises. Only if the actual address of the lessee is evident from the rental agreement, domicile may also be elected at that address. The lessor elects domicile at the actual address as stated in the rental agreement. The lessor may also elect domicile at the place where the lessor has its registered office, if that place is also evident from the rental agreement.
24.1 Dutch law is applicable to the rental agreement and to these general terms and conditions. All disputes that might arise between the parties, will be settled by a Dutch court. The disputes will preferably be brought before the district court in The Hague, all this except insofar as mandatory rules on jurisdiction would bar this choice.