Terms & Conditions

Article 1: Definitions

In these conditions, the following definitions apply:

a) Vacation accommodation: Apartment Yako, Markt 19 TOP 8, 5602 Wagrain, Austria;
b) Lessor : Edwin Koolwijk, Edmond Audranstraat 257, 3543 BH Utrecht, Netherlands making available the vacation accommodation to the lessee;
c) lessee: the person entering into the agreement regarding the vacation accommodation;
d) co-lessee: person traveling with the lessee who uses the holiday accommodation.;
e) third party: any other person besides the lessee and/or his co-lessee:(s);
f) established price: the compensation which is paid for the use of the vacation accommodation
g) information: written/electronic information on the use of the vacation accommodation, the facilities and the rules regarding the accommodation;
h) cancellation: the written termination of the agreement by the lessee prior to the effective date of the stay.

Article 2: Content agreement
  1. The lessor makes available for recreational purposes, that is, not for permanent residence, to the lessee, a vacation accommodation of the kind or type agreed on, for the established period and the established price.
  2. The lessee has the obligation to comply with the agreement and the associated information. He makes sure that co-lessee (s) and/or third parties visiting him and/or staying with him comply with the agreement and the associated information.
Article 3: Duration and end of the agreement

The agreement legally ends after expiry of the established period, without requiring notice to that effect.

Article 4: Price and price change
  1. The price is established on the basis of the rates applicable at that moment, which are set by the lessor.
  2. If after determining the established price, due to increased burdening on the entrepreneur, extra costs occur as a result of a change to charges and/or levies, which regard the vacation accommodation or the lessee directly, these can be passed on to the lessee, also after conclusion of the agreement.
Article 5: Payment
  1. The lessee must take care of payments in euros, unless agreed otherwise, with due regard for the established terms.
  2. If the lessee, despite prior written warning, does not or does not adequately fulfill his payment obligation within a two-week term after the written warning, the lessor has the right to cancel the agreement with immediate effect, without prejudice to the right of the lessor to full settlement of the established price.
  3. If the lessor is not in possession of the total amount owed on the day of arrival, he has the right to refuse the lessee access to the vacation accommodation, without prejudice to the right of the lessor to full settlement of the established price.
  4. Such extrajudicial costs as are reasonably incurred by the lessor, after default notice, are borne by the lessee. If the total amount is not settled timely, after written warning the legally determined interest rate will be applied to the amount still outstanding.
Article 6: Cancellation
  1. In case of cancellation, the lessee pays compensation to the lessor. It amounts to:
    1. In case of cancellation within one month prior to effective date, 50% of the established price;
    2. In case of cancellation within fifteen days prior to effective date, 100% of the established price;
  2. The compensation will be refunded proportionally, after deduction of administration costs, if the place is reserved by a third party, upon proposal of the lessee and with the written permission of the lessor, for the same period or a part of it.
Article 7: Use by third parties
  1. Use of the vacation accommodation by third parties is only permitted if the lessor has given its written consent for it.
  2. The granting of permission may be subject to conditions, which in that case must be established beforehand in writing.
Article 8: Premature departure lessee

The lessee owes the full price for the established rate period.

Article 9: Premature termination by the lessor and evacuation in case of a culpable shortcoming and/or illegitimate act

The lessor can cancel the agreement with immediate effect:

  1. If the lessee, co-lessee (s) and/or third do not or do not adequately observe the obligations from the agreement, the associated information and/or government regulations, despite prior warning, and to such a degree that, by standards of reasons and fairness, it cannot be demanded from the lessor that the agreement is continued;
    1. If the lessee, despite prior written warning, causes disturbance to the lessor and/or fellow lessees or to the good atmosphere on, or in the immediate surroundings of, the premises;
    2. If the lessee, despite prior written warning, uses the vacation accommodation in violation of the end-use of the premises.
  2. After cancellation, the lessee must make sure that the vacation accommodation is evacuated, and the premises left as soon as possible, though no later than within 2 hours.
  3. The lessee remains bound in principle to pay the established rate.
Article 10: Legislation and regulations
  1. The lessor ensures at all times that the vacation accommodation, both on the inside and the outside, meets all environmental and safety standards which are (potentially) imposed on the vacation accommodation by the authorities.
  2. The lessee is obliged to strictly observe all safety regulations which are effective on the premises. He also ensures that co-lessee(s)s and/or third parties who visit him and/or stay with him strictly observe the safety regulations which are effective on the premises.
Article 11: Maintenance and installation
  1. The lessor is obligated to maintain the recreational premises and the central facilities in proper conditions.
  2. The lessee is obligated to keep the vacation accommodation and the immediate surroundings, during the effective time of the agreement, in the same state in which it was handed over to the lessee.
Article 12: Liability
  1. The lessor is not liable for an accident, theft, or damage on his premises, unless this is the result of a shortcoming which is attributable to the lessor.
  2. The lessor is not liable for the consequences of extreme weather conditions or other forms of force majeure.
  3. The lessee is liable towards the lessor for damage which is caused by the actions or failure to act on his part, the part of co-lessee (s) and/or third parties, to the extent it regards damage which can be attributed to the lessee, the co-lessee (s) and/or third parties.
Article 13: place of jurisdiction and applicable law
  1. These Terms and Conditions shall be governed by Dutch law.
  2. The place of jurisdiction shall be the domicile of the Proprietor; however, the Proprietor shall also be entitled to assert its rights before any other court that is competent for the location and matter.
Article 14: Other provisions

These general terms and conditions are available in Dutch, English and German. In the event of contradictions between these versions, the Dutch version prevails.