General Tenancy Conditions
Essendieras – Accommodations
Clause 1 Definitions
In these General Tenancy Conditions the following definitions apply.
- Essendiéras: SAS Domaine d’Essendiéras and the companies affiliated to this enterprise, which offer accommodations to one or more persons against payment.
- Tenancy Agreement: the agreement under which Essendiéras binds itself towards its contracting party to provide an accommodation offered by it.
- the contracting party of Essendiéras;
- the party on whose behalf and with whose approval the Tenancy Agreement has been concluded, or
- the party who, in accordance with Clause 9 of the present General Tenancy Conditions, has taken the place of the original contracting party of Essendiéras.
Clause 2 Conclusion of the Tenancy Agreement
- The Tenancy Agreement shall be concluded as soon as the Tenant(s) has/have accepted the offer of Essendiéras. This acceptance may be expressed both orally and in writing.
- The offer of Essendiéras shall be without engagement and may if necessary be revoked by Essendiéras. This revocation may take place up to 48 hours after acceptance by the Tenant(s) at the latest.
Clause 3 Payment
- Immediately after the conclusion of the Tenancy Agreement and within 14 days thereafter at the latest, an advance payment shall be made by the Tenant(s) of an amount equal to 50% of the total amount of the rent that has been agreed, unless expressly agreed otherwise in writing.
- The remainder of the rent must have been credited to one of the bank accounts of Essendiéras 42 days before the date of arrival at the latest, or have been paid in cash to Essendiéras, by way of proof of which the Tenant will have to be able to submit an invoice/receipt that has been signed for receipt of the amount due.
- In case of late payment – and after a summons and after the period set in the summons has lapsed the Tenancy Agreement may be cancelled by or on behalf of Essendiéras with immediate effect; in the aforementioned case the cancellation conditions as set forth in Clause 10 shall apply.
- If the Tenancy Agreement is concluded within 42 days before arrival, the full rent or price of the trip will have to be paid.
Clause 4 Rent
- The published rent shall apply per accommodation, unless stated otherwise.
- The rent published on the site is based on the prices, levies, charges and taxes as these were known to Essendiéras at the time of publication.
Clause 5 – Security Deposit
- Prior to the stay in the accommodation rented from Essendiéras, the Tenant(s) shall provide a security deposit to Essendiéras. The security deposit is usually refunded within two weeks after departure, after deduction of a compensation for any damage to or loss of goods belonging to the accommodation, caused by the Tenant(s).
- The security deposit is 500 Euros for holiday homes and chalets. The security deposit is 100 Euros for rooms, suites, apartments and camping.
- Payment of the security deposit shall be made through credit card pre authorisation. The amount is reserved on the card, but not debited immediately.
Clause 6 Additional Costs
Any additional costs will have to be paid on the day of departure.
Clause 7 Information
- The Tenant(s) and the possible travel partner(s) shall provide Essendiéras with all information required for the conclusion of the Tenancy Agreement and for the execution thereof.
- On departure to, return from as well as during the stay in the rented object, the Tenant(s) must be in the possession of the required (travel) documents, such as a valid passport, tourist card (where permitted) and a driver’s licence and green card (if applicable).
- If the Tenant(s) is/are not able to make the trip (in full) due to the lack of any (valid) document, this with all consequences connected thereto shall be for his/their expense.
Clause 8 Modifications by the Tenant(s)
- Any desired deviation from or addition to the offer of Essendiéras shall require the express written consent of Essendiéras.
- Up to 28 days before the first day of the booked stay, the Tenant(s) may request a modification of the Tenancy Agreement. This modification will in so far as possible be carried through. A condition in this shall be, that the Tenant(s) pay(s) the modified rent in accordance with the arrangement as specified in Clause 3, if applicable under deduction of already paid amounts. The Tenant(s) shall in addition be held to pay the costs of the modification, set at EUR 40.00 per booking, plus any communication costs incurred in respect of the desired deviation or addition.
- A decision on the requested modification referred to in paragraph 1 will be made as soon as possible. Any rejection shall be explained orally or in writing.
- As from 28 days before the first day of the booked stay, any modifications shall no longer be possible.
- If a request for a modification as referred to in paragraph 1 is rejected and the Tenant(s) nevertheless maintain(s) his/their request for modification, Essendiéras shall consider this to be a cancellation of the travel agreement, wherefore the cancellation conditions shall apply in accordance with the provisions set forth in Clause 10.
Clause 9 Substitution
- If one Tenant or several of the Tenants are prevented to take part in the trip, this/these Tenant(s) may on request be replaced by one other person or by several other persons; in this the conditions mentioned in paragraph 2 shall apply.
- The conditions for substitution as referred to in paragraph 1 are the following:
- the other person(s) meet(s) all conditions that are connected to and arise from the Tenancy Agreement;
- the request must have been submitted 7 days before the first day of the booked stay at the latest, or so much earlier that the required acts and formalities may still be performed or carried out;
- conditions of other service providers involved in the performance may not conflict with the substitution.
- The Tenant(s) and the substitute(s) of the original Tenant(s) shall severally be liable towards Essendiéras for the payment of the part of the travel sum that is still due, well as the additional costs that under these General Tenancy Conditions are for the charge of the Tenant(s).
Clause 10 Cancellation by the Tenant(s)
A. Cancellation of stay in holiday home, chalet or campsite
In case of cancellation of the Tenancy Agreement by the Tenant(s), the following cancellation costs shall be charged:
- in case of cancellation up to 60 days before the first day of the booked stay: 40 Euros cancellation costs. Free cancellation for existing clients (clients that have had a previous stay on the Domaine d’Essendiéras);
- in case of cancellation between 30 and 60 days before the first day of the booked stay: 50% of the invoice amount.
- in case of cancellation as of 30 days before the first day of the booked stay: the full invoice amount.
B. Cancellation of stay in room, suite or apartment
In case of cancellation of the Tenancy Agreement by the Tenant(s), the following cancellation costs shall be charged:
- in case of cancellation up to 7 days before the first day of the booked stay: 40 Euros cancellation costs. Free cancellation for existing clients (clients that have had a previous stay on the Domaine d’Essendiéras);
- in case of cancellation between 1 and 7 days before the first day of the booked stay: the first night will be charged.
- in case of cancellation on the day of arrival or no-show: the full invoice amount with a maximum of 2 nights.
Any refunds will be done within 14 days after the cancellation, on the bank account or credit card that was used for the initial payment. Also, in order to prevent fraud or money laundering, we only accept one cancellation per client per year.
Clause 11 Cancellation by Essendiéras
- In case of serious or extraordinary circumstances (fire, natural disasters, violence of war, etc.), Essendiéras may cancel the Tenancy Agreement, which will be notified to the Tenant(s) immediately.
- Essendiéras shall in case of a cancellation as referred to in paragraph 1 endeavour to offer an alternative in the form of an equivalent accommodation. If this is not possible, or if the Tenant(s) does/do not accept the offered alternative, a refund of the full rent will be made. Any other loss as a result of the cancellation will not be compensated by Essendiéras.
- Cancellation by reason of over or double booking will be imputed to Essendiéras.
Clause 12 Modification by Essendiéras
- Essendiéras shall have the right to modify the Tenancy Agreement in case of circumstances as referred to in Clause 11, paragraph 1.
- If on arrival of the Tenant(s) in the accommodation it appears that a substantial part of the services to which the agreement relates are not provided, Essendiéras shall endeavour to make appropriate alternative arrangements.
- If a modification can be imputed to Essendiéras, and the Tenant(s) because of this suffer(s) damage, Essendiéras shall be held to compensate that damage; the damage amount shall never exceed the total rent amount, however. Modifications due to over or double booking shall be imputed to Essendiéras. If the cause of the modification may be imputed to the Tenant(s), the costs thereof shall be for the charge of the Tenant(s).
Clause 13 Liability
- The Tenant(s) shall be severally liable for all obligations arising from the agreement, and specifically for damages to or loss of property of Essendiéras.
- Essendiéras shall be responsible for the proper performance of the obligations arising from the Tenancy Agreement, all this with due observance of the provisions set forth in the Clauses 11, 12, 14, 15 and 16.
- Essendiéras shall not be bound to any errors or mistakes in its website or in other publications.
- Essendiéras shall bear no responsibility for journalistic publications, texts, photographs, folders and other information materials in so far as these have been issued or published under the responsibility of third parties.
Clause 14 Force Majeure and Provision of Help and Assistance
- In case of force majeure, Essendiéras shall not be liable for any failure to perform the Tenancy Agreement in full or in part. The term “force majeure” shall include the circumstance that the service providers whose assistance has been called in by Essendiéras, or on which Essendiéras depends, remain in default.
- Essendiéras shall offer help to any Tenant(s) having difficulties, in so far as this is within its possibilities.
- If the failure(s) in the performance of the Tenancy Agreement is/are imputable to Essendiéras, any costs resulting therefrom shall be for the charge of Essendiéras; the damage amount shall never exceed the total amount of the rent, however. The costs shall be for the charge of the Tenant(s) if the cause of the failure(s) in the performance may be imputed to the Tenant(s).
Clause 15 Exclusion and Limitation of the Liability of Essendiéras
- Essendiéras accepts no liability whatsoever for any damage or bodily injury caused to the Tenant(s), irrespective of by which cause that damage or bodily injury has arisen. We shall not be liable for any loss and/or theft of or damage to any property, money included. All this does not prejudice the liability of the Administrator under any treaty and/or the law, however.
- If Essendiéras is liable towards the Tenant(s) for loss of travel enjoyment, the compensation shall be equal to one time the rent amount at the most.
- The exclusion and/or limitation of the liability of Essendiéras set forth in paragraph 1 shall also apply on behalf of employees of Essendiéras and service providers that have been called in, as well as their staff, unless any treaty or the law excludes the same.
Clause 16 Obligations of the Tenant(s)
- The Tenant(s) shall be held to comply with any instructions of Essendiéras. The Tenant(s) shall be liable towards Essendiéras for any damages or losses caused by him/them.
- The Tenant(s) shall not be permitted to stay in the accommodation with more persons than the maximum permitted number as specified in the description of the accommodation. Any excess of that number may result in a cancellation of the Tenancy Agreement without entitlement to any damages.
- Any Tenant(s) who (may) produce(s) such nuisance or trouble that a proper realisation of a stay in the rented accommodation as a result thereof is or may be hindered to a high extent, may be excluded by Essendiéras from (continuation of) the stay if it reasonably cannot be required from Essendiéras to further perform the agreement. All costs resulting from that shall be for the charge of the Tenant(s), if and in so far as the consequences of the nuisance or trouble may be imputed to him/them.
- The Tenant(s) shall be held to notify the Management of Essendiéras of any failure in the performance of the Tenancy Agreement established by him/them on the location, and shall do so in writing or in any other appropriate form as soon as possible and in any case within 24 hours after said establishment.
Clause 17 Interests and Costs of Collection
The Tenant(s) who fail(s) to perform any financial obligation towards Essendiéras in time, shall over the principal sum be due an interest of 1% for each month or part of a month that the failure continues. In additional he/they shall be held to compensate all extra judicial costs of collection, set at 15% of the amount due with a minimum of EUR 50.00.
Clause 18 Complaints and Disputes
If a failure in the performance of the Tenancy Agreement established at the destination as referred to in Clause 17, paragraph 4 leads to a complaint, this complaint will have to be submitted to Essendiéras in so far as possible at the place of destination and as soon as possible, and in any case within 24 hours after the establishment, in writing or in another appropriate form. Essendiéras will immediately endeavour to find proper solutions. If the complaint is not resolved satisfactorily, the Tenant(s) may submit the complaint again to Essendiéras in writing, substantiated with reasons, within one month after the return of the Tenant(s) in his/their own place of residence at the latest.