General terms and conditions
General terms and conditions
1. Application of general terms and conditions
1.1. These general terms and conditions apply to all offers, reservation requests, bookings and agreements which are, directly or indirectly, entered into with TopParken Holding B.V. (TopParken) or its associated companies and which concern all types of accommodation and camping pitches let by TopParken.
1.2. TopParken explicitly rejects the application of other general terms and conditions.
1.3. Exceptions to these general terms and conditions are only possible if the parties have agreed to this in writing.
2. Reservation
2.1. TopParken will only accept reservation requests from persons of eighteen (18) years of age or older. The lessee must be eighteen (18) years of age or older and must be present during the booking period. TopParken reserves the right to refuse a reservation request without giving any further reasons.
2.2. The agreement between TopParken and the hirer shall be established at the moment when TopParken has sent the booking confirmation - also being the invoice - by post or by e-mail to the hirer, on the understanding that the hirer shall receive the confirmation within ten (10) days.
2.3. Tenant shall check the booking confirmation for accuracy. Any inaccuracies shall be immediately reported to TopParken. If within ten
(10) days after making the reservation, the tenant shall immediately contact the reception of the park, failing which the reservation cannot be invoked.
2.4. The renter shall make a (partial) payment to TopParken within the period specified in the reservation confirmation. TopParken shall be entitled to consider the agreement as cancelled, if TopParken does not receive the agreed (partial) payment within the set period. In that case, TopParken shall be entitled to release the reserved accommodation, without further notice to the lessee, for letting to others and to charge the lessee costs for the non-compliance and 'cancellation'.
2.5. The agreement concerns rental of an accommodation and/or camping pitch and/or other facility including the additional costs for recreational use, which by its nature is of short duration.
3. Changes to the reservation/agreement
TopParken shall not be obliged, after the conclusion of the agreement, to make amendments to the agreement at the request of the renter. If TopParken implements an amendment, TopParken shall be entitled to charge the hirer amendment costs, which shall be at least € 15,00 per amendment.
4. Prices
4.1. The lessee shall owe TopParken the agreed rental price and additional costs, as specified on the final booking confirmation.
4.2. The prices and additional costs are stated for each park on the price list and the various (park) sites of TopParken. The prices on the final booking confirmation/invoice are binding.
4.3. Unforeseen, demonstrable price increases may be passed on to the renter. All prices mentioned on the price list and websites are subject to change.
4.4. Any discount offers do not apply to existing/previous bookings.
4.5. All prices are inclusive of VAT as per the VAT administration guidelines at the time of booking confirmation. Any changes in the VAT rate may be charged to the lessee afterwards and shall not entitle the lessee to cancel the booking.
4.6. All prices mentioned on the price list and websites include service costs for two persons, tourist tax/parking charges (depending on the municipality where the park is situated) on the basis of two persons for one night and costs for one day internet type Bronze. Additional charges for staying for several nights are not reflected in the first visible price. Any change fees for a booking are also not included.
4.7. All prices mentioned on the price list and websites include water consumption, gas and electricity, final cleaning, use of the facilities in the accommodation and on the park and one waste coin per stay, for stays longer than a week one waste coin per week will be provided.
5. Payment
5.1. Tenant shall pay a deposit within two (2) days of booking as per the booking confirmation/invoice. The remainder must be paid six (6) weeks before arrival.
5.2. If a reservation is made within six (6) weeks before arrival, the entire amount must be paid immediately.
5.3. If a reservation is made ten (10) days before arrival, the full amount must be paid on arrival by cash payment or payment by pin/credit card at the park concerned.
5.4. The tenant is not entitled to a (partial) refund of the rental amount if the tenant leaves before the agreed departure date.
5.5. If the lessee does not appear on the agreed arrival date, the lessee shall owe TopParken the entire rental amount. TopParken shall be entitled to collect the entire rental sum from the tenant's credit card.
5.6. TopParken shall be entitled to cancel the reservation and to release the accommodation/campsite, without further notice to the lessee, for letting to others, if a payment term has expired and the lessee has not fulfilled his/her obligations.
5.7. TopParken shall be entitled to dissolve the agreement without any further notice of default or judicial intervention being required, on the understanding that the tenant shall be liable for all the damage incurred or to be incurred by TopParken as a consequence thereof, if:
at the start of the rental period, the total rental sum has not been paid; default shall then immediately commence;
upon commencement of the rental period, the deposit has not been paid, or an authorisation for this purpose has not been signed;
the tenant leaves the hired room early
the tenant fails to occupy the rented property on the day of commencement of the rental period before 5 p.m., without having informed TopParken in good time that the rented property will be occupied later during the rental period.
TopParken shall be entitled to a compensation of the statutory interest plus a surcharge of 4% on amounts left unpaid and/or damage claims, all this from the moment the amounts are due and payable.
If its claim(s) remain(s) unpaid, TopParken shall be entitled to compensation of the statutory collection costs. Insofar as the hirer is a consumer, the Decree on compensation for extrajudicial collection costs shall apply. If the hirer is not a consumer but acts in the exercise of his profession or business, TopParken shall be entitled to compensation of collection costs up to an amount of 15% of the outstanding claim.
5.8. TopParken shall always be entitled to set off claims against the hirer on whatever grounds against the amounts paid by the hirer on whatever grounds.
6. Changeover days/stay
6.1. The rented pitch can be occupied between 13:00 and 17:00 on the agreed day of arrival as stated on the booking confirmation. On the agreed departure day, as stated on the booking confirmation, the tenant must vacate the pitch by 11:00 am.
6.2. The rented accommodation may be occupied between 15:00 and 17:00 on the agreed day of arrival as stated on the booking confirmation. On the agreed day of departure, as stated on the booking confirmation, the tenant must leave the accommodation before 10:00.
6.3. The park reserves the right to carry out a final check on the departure date from 9:00 a.m. in connection with the condition of the rented accommodation and the completeness of the inventory. On the departure day, the tenant must hand in any keys, barrier passes and straps. The park reserves the right to offset any imperfections or damage against the deposit.
6.4. Different arrival and departure times must be communicated to the park in good time. Late check-out may result in a charge to the lessee.
6.5. On arrival, the lessee will receive an information package about the park, accommodation or camping pitch.
7. Deposit
7.1. Upon arrival at the park, the lessee shall be required to pay a deposit at the reception, or to issue a written authorisation for the collection of a deposit. TopParken shall determine the method of payment of the deposit by the lessee. The deposit amounts to € 350.00.
7.2. The deposit shall serve as security for TopParken against damage/extra costs, in the broadest sense of the word, which TopParken may incur/need to incur in case of non-compliance with the obligations of the lessee and the persons accompanying the lessee. Any damage caused to the rented property during the rental period of the lessee will be deducted from the deposit. Additional costs, such as extra cleaning costs due to excessive soiling, may also be deducted from the deposit.
7.3. TopParken will return a paid cash deposit to the renter after the final inspection of the rented object, after deducting any damage/extra costs. If the deposit is not sufficient for the damage and costs, the additional damage and costs shall be charged to the tenant by TopParken afterwards.
7.4. TopParken will destroy the authorisation if no damage/extra costs are found during the final inspection of the accommodation/campsite. If, during the final inspection, damage/ additional costs are found, the damage amount will be debited from the account of the renter. The debit will never exceed the amount of the authorisation. If the deposit is not sufficient to cover
If the damage/extra costs, TopParken will charge these costs to the renter afterwards.
(Domestic) regulations
8.1. Guests shall comply with the rules laid down by the park, for instance in the terrain regulations. TopParken shall be entitled to immediately remove the lessee and his/her travel companions from the park, or have them removed, if the housekeeping rules are violated and/or if the instructions of the personnel are not followed. In that case, the lessee will not be entitled to restitution of (part of) the rental sum and/or refund of the deposit.
8.2. TopParken reserves the right to request the hirer to provide valid proof of identity when checking in. TopParken shall be authorised to refuse access to the park and the rented accommodation to tenants who are unable to provide proof of identity.
8.3. TopParken reserves the right to make changes to the set-up and opening hours of the park facilities. The renter will allow necessary maintenance to be carried out on the rented property during the rental period. The tenant cannot claim compensation. The necessity of the maintenance will be at the discretion of TopParken. The tenant will also have to tolerate that during the stay, work can be carried out on the facilities of the park.
8.4. The tenant shall at all times grant TopParken employees (management) direct access to the rented object. If there is room for consultation, this shall take place in consultation between the tenant and the employees of TopParken.
8.5. The tenant shall exclusively use the rented object as holiday accommodation and the tenant shall never register in the municipal personal records database at the address of TopParken's park, nor shall the co-users.
8.6. The rented object will be made available to the tenant by handing over the keys. The keys will only be handed over if the full rental sum and all additional costs have been paid to TopParken. On the agreed date of departure, the tenant shall hand in the keys, the barrier passes, etc., at the park reception before 10.00 (accommodation) and before 11.00 (camping pitch).
8.7. The lessee may not hand over the rented accommodation to third parties for rent and/or use, nor allow more persons to stay overnight than indicated at the time of reservation and specified on the reservation confirmation. TopParken shall be entitled to dissolve the agreement immediately and without judicial intervention, if it finds that the agreed number of persons in the accommodation has been exceeded.
8.8. The tenant shall be obliged to use the rented property and its inventory with due care and to treat the rented property and its inventory with due diligence. All damage caused by or on behalf of the lessee or his co-users to the leased property shall be reported by the lessee to TopParken before departure. If possible, TopParken shall settle with the tenant immediately.
8.9. The tenant shall be obliged to lock the rented property properly at all times during his absence. All damage resulting from the failure of the lessee to fulfil this obligation shall be charged to the lessee by TopParken.
8.10. Smoking is not allowed in the rented property, except when indicated. If the lessee smokes in a non-smoking accommodation, TopParken shall charge and deduct an amount of € 250.00 from the deposit, to cover the costs of cleaning the leased object.
8.11. It is not allowed to use in the rented property other appliances for heating, cooking and washing purposes than those provided by TopParken.
8.12. On the day of departure, the tenant shall: remove the bed linen, turn the fridge to 1, switch off the lights, set the thermostat to 15°C and close the windows and doors properly. The tenant shall leave the rented property in orderly and broom clean condition on the day of departure.
9. Pets
9.1. Depending on the accommodation, you are allowed to bring your pet along to your stay (maximum 2 pets per accommodation/campsite).
9.2. The tenant must state at the time of booking whether pets are to be brought along. The costs associated with pets are indicated on the price list as well as on the booking confirmation/invoice.
9.3. Tenant must follow any instructions at the park. Pets must not cause any nuisance to other guests in the park and must do their business in the designated areas.
10. Force majeure
Force majeure on the part of TopParken shall exist if the implementation of the agreement is obstructed, in full or in part, temporarily or otherwise, by circumstances through no fault of TopParken, including in any case staff strikes, blockades, fire and other disturbances and/or events. TopParken shall be entitled to make available to the lessee an equivalent replacement accommodation/camping pitch, if the leased object is unavailable due to force majeure and/or other circumstances. In that case, the tenant shall never be able to sue TopParken.
11. Liability
11.1. TopParken does not accept liability for theft (including theft from lockers) and loss of or damage to goods or persons, of whatever nature, during or as a result of a stay at one of the parks of TopParken.
11.2. TopParken shall not accept liability for the fact that the stay of the hirer at one of the parks of TopParken does not meet the expectations that the hirer had thereof.
11.3. TopParken accepts no liability for damage or injury caused to goods or persons as a result of a stay at the grounds of one of the parks of TopParken or caused by the use of the facilities present at the grounds.
11.4. TopParken shall not be liable for damage claims resulting from noise nuisance caused by third parties.
11.5. TopParken shall not be liable for damage resulting from information provided verbally or by telephone by its employees.
11.6. TopParken shall not be liable for impaired and/or out-of-use facilities and/or amenities.
11.7. It is possible that (part of) the park facilities are open and/or closed to a limited extent in certain weeks of the year. To ensure that all facilities are accessible in a certain period, TopParken advises the renter to inquire about this when making the reservation. This avoids possible disappointment on arrival at the park.
11.8. The renter and his/her travel companions shall be jointly and severally liable for all loss and/or damage to the rented accommodation and other properties of TopParken (or the private accommodation owners), occurring during the rental period. This applies regardless of whether the damage is the result of acts or omissions of the lessee, his travelling companions, his pets and/or third parties who are in the park on behalf of the lessee.
11.9. The lessee is obliged to pay all additional costs that arise as a result of incorrect use of the accommodation
11.9 The tenant is obliged to pay all additional costs that arise as a result of incorrect use or incorrect abandonment of the rented property. This provision includes, but is not limited to, leaving behind excessive pollution. These extra costs may be offset by TopParken against the deposit.
11.10. The tenant declares himself acquainted with the location, the furnishing and proper condition of the rented property on the basis of provided (written) information, etc.
11.11.The furnishing/layout of the accommodations may differ.
12. Complaints
Despite the care and efforts of TopParken, it is possible that a complaint may arise. Complaints should be reported immediately to the reception of the park. If a complaint cannot be resolved or is not resolved to the lessee's satisfaction, the lessee will be requested to put the complaint in writing during the rental period.
13. Cancellation conditions
Without cancellation insurance or with cancellation insurance and without a valid reason for cancellation (without cover), the following cancellation conditions shall apply. The charges payable by the hirer to TopParken in the event of cancellation shall be as follows:
a. in case of cancellation from 93 days before arrival, 15% of the total rental amount;
b. In case of cancellation from 62 to 93 days before arrival, 50% of the total rental amount;
c. for cancellation from 31 to 62 days before arrival, 75% of the total rental amount;
d. for cancellation from 1 to 31 days before arrival, 90% of the total rental amount;
e. for cancellation on the day of arrival or early departure, 100% of the total rental amount.
14. Cost overview
Reservation costs for accommodation: € 25.00 per booking. Reservation costs for a camping pitch: € 15,00 per booking. Modification costs: € 10.00 (administration costs for changes to bookings already made). Essentiekosten/preferential booking: € 30.00 for an accommodation and € 15.00 for a camping pitch. In addition, lessee will have to deal with park charges/tourist tax and service costs.
15. Photos and videos
If the hirer or the persons accompanying him/her or who are in the park by his/her actions happen to be in a photograph and/or video taken for reproduction in a TopParken publication and/or for display on a TopParken internet site, the hirer's consent to the use of the photograph and/or video in the publication and/or internet site is presumed, even if he/she is recognisable in the photograph/video.
16. General
16.1. Obvious printing and typesetting errors shall not bind TopParken. These General Terms and Conditions shall supersede all previous publications. Wherever reference is made in these terms and conditions to 'accommodation', this shall be taken to mean an accommodation or a camping pitch. Wherever these terms and conditions refer to accommodation, this means a chalet, holiday home, bungalow, flat or hiker's hut.
16.2. Dutch law shall apply to all agreements between the lessee and (the parks of) TopParken.