General conditions
1. Applicability
1.1 These General Terms and Conditions apply to all offers, packages, reservations and agreements relating to accommodation rented out by Makkum Rent B.V., hereinafter referred to as Beach Resorts Makkum.
1.2 Some accommodation at Beach Resorts Makkum is rented out directly by its owner. Bookings for such accommodation are made directly with the owner and not through Beach Resorts Makkum. Beach Resorts Makkum does, however, process the reservation on behalf of these owners. You will therefore receive the booking confirmation/invoice from Beach Resorts Makkum. Beach Resorts Makkum is not responsible for information provided by owners or for bookings made through owners.
1.3 In these General Terms and Conditions, the term “tenant” means the person who enters into an agreement with Beach Resorts Makkum concerning the rental of accommodation or a facility.
1.4 The tenant named on the booking confirmation/invoice is jointly and severally liable for the conduct and obligations of his/her party in and around the accommodation.
1.5 Users and/or guests who are part of the tenant's party must comply with the same terms and conditions as the tenant, unless otherwise stated.
1.6 These General Terms and Conditions apply irrespective of any prior reference to the tenant's own or other general terms and conditions. Beach Resorts Makkum expressly rejects all general terms and conditions referred to or used by the tenant.
1.7 Agreements that deviate from these General Terms and Conditions are valid only if agreed in writing.
1.8 All accommodation at Beach Resorts Makkum is privately owned. Beach Resorts Makkum rents out the accommodation on behalf of the respective owners.
2. Bookings
2.1 Beach Resorts Makkum only accepts bookings from persons aged 18 or over. The person making the reservation, referred to as the tenant, must be part of the travelling party.
2.2 Beach Resorts Makkum reserves the right to refuse a reservation at any time without stating reasons.
2.3 When Beach Resorts Makkum accepts a reservation, it will send the tenant a booking confirmation/invoice within 7 days of the reservation being made. The tenant must check this document for accuracy immediately upon receipt. Any inaccuracies must be reported to Beach Resorts Makkum without delay.
2.4 The booking confirmation/invoice sent by Beach Resorts Makkum also constitutes the invoice.
2.5 If the tenant has not received a booking confirmation/invoice within 7 days of making the reservation, the tenant must contact Beach Resorts Makkum.
2.6 An agreement between the tenant and Beach Resorts Makkum is concluded at the moment Beach Resorts Makkum sends the booking confirmation/invoice to the tenant.
2.7 Upon conclusion of the agreement referred to in Article 2.6, the tenant accepts these General Terms and Conditions.
2.8 The agreement concerns the rental of accommodation for recreational purposes and is, by its nature, of short duration.
3. Group bookings
3.1 Special conditions may apply to group bookings with regard to matters including supervision, security deposits and/or the location or type of accommodation. The purpose and size of a group may, in certain circumstances, result in the group not being accepted.
4. Amendments to the agreement
4.1 If the tenant wishes to make changes to the agreement after it has been concluded, Beach Resorts Makkum is under no obligation to accept these changes. If Beach Resorts Makkum does accept the changes, amendment charges may be applied in accordance with the applicable price list. These amendment charges will not apply if the tenant makes an additional booking or changes to a more expensive period or accommodation.
4.2 If the tenant wishes to change the number of guests after the agreement has been concluded, this may be done free of charge up to seven days before arrival. From seven days before arrival until the arrival date, no refund will be provided if the tenant reduces the number of guests.
5. Substitution
5.1 If the tenant and Beach Resorts Makkum agree that the tenant and/or one or more users will be replaced by another person, the original tenant remains jointly and severally liable to Beach Resorts Makkum for any outstanding payments, including any amendment charges and additional costs resulting from the substitution.
6. Prices
6.1 The tenant is required to pay Beach Resorts Makkum the agreed rental price and any mandatory additional costs. These may include booking fees, bed linen, final cleaning, resort charges, a security deposit and optional additional costs, as stated on the booking confirmation/invoice.
6.2 The security deposit is €150 for accommodation suitable for 2 to 6 persons and €250 for accommodation suitable for 8 persons or more. The security deposit must be paid no later than five days before the start of the stay. It will be refunded within five days after departure once employees of Beach Resorts Makkum have inspected the accommodation and confirmed that it has been left in an appropriate condition. The conditions relating to the security deposit are set out in further detail in Article 8 of these General Terms and Conditions.
6.3 Once Beach Resorts Makkum has sent the booking confirmation/invoice, discounts and/or special offers cannot be applied retrospectively.
6.4 All prices include VAT where applicable.
7. Payments
7.1 Upon booking, the tenant is required to pay 50% of the total booking amount as a deposit. Payment must be made within the payment term stated on the booking confirmation/invoice.
7.2 The full booking amount must be paid no later than 42 days before the date of arrival. Any outstanding balance remaining after the deposit becomes due at that time.
7.3 A standard payment term of 3 days applies. If a booking is made less than 10 days before arrival, a payment term of 3 days also applies. If a booking is made less than 5 days before arrival, the payment term is 1 day.
7.4 If the total invoice amount is less than €100, the booking is not eligible for payment in instalments and the full amount must be paid within the payment term stated on the booking confirmation/invoice.
7.5 If payment is not made on time, the tenant will be in default after expiry of the applicable payment term. Beach Resorts Makkum may subsequently offer the tenant, in writing or by telephone, the opportunity to pay the outstanding amount within an additional period specified by Beach Resorts Makkum. If payment is not received, Beach Resorts Makkum reserves the right to terminate the agreement and cancel the booking. The tenant shall be liable for any damages and costs incurred by Beach Resorts Makkum as a result. Any cancellation charges will be calculated in accordance with Article 13 of these General Terms and Conditions.
7.6 Beach Resorts Makkum reserves the right to charge the tenant any amounts due under the agreement or these General Terms and Conditions.
8. Security deposit
8.1 Beach Resorts Makkum requires the tenant to pay a security deposit for each accommodation. The amount of the security deposit is stated on the booking confirmation/invoice.
8.2 The security deposit must be paid by the tenant no later than five (5) days before the start of the stay. If the security deposit has not been received on time, Beach Resorts Makkum is entitled to deny the tenant access to the accommodation.
8.3 The security deposit will be refunded to the tenant within five (5) working days after departure, once the accommodation has been inspected by employees of Beach Resorts Makkum and has been left in an appropriate condition.
8.4 Leaving the accommodation in an appropriate condition means, at a minimum, that upon departure the tenant must:
- remove the bed linen and place it in the hallway of the accommodation, while mattress protectors may remain on the beds;
- leave the inventory clean and wash and put away the final items of crockery;
- leave the accommodation broom-clean;
- place rented children's furniture in the hallway of the accommodation;
- dispose of waste, including general waste, paper and glass, in the designated containers at the resort;
- remove all personal belongings and groceries from the accommodation;
- set the thermostat to fifteen (15) degrees Celsius;
- close all windows and external and/or sliding doors.
8.5 Final cleaning is included in the rental price. The actions referred to in Article 8.4 form part of the normal use of the accommodation and are the responsibility of the tenant.
8.6 If the accommodation is not left in accordance with this Article, or if there is damage to the accommodation and/or inventory, keys are lost or damaged, smoking has taken place in the accommodation, or pets have been present in accommodation where they are not permitted, Beach Resorts Makkum is entitled to deduct the resulting costs, including additional cleaning, repair, replacement and administration costs, from all or part of the security deposit.
8.7 If the costs referred to in Article 8.6 exceed the amount of the security deposit, the tenant remains liable to pay the difference to Beach Resorts Makkum.
8.8 Refund of the security deposit does not affect any additional claims for damages.
8.9 The security deposit also serves as security for the fulfilment of all payment obligations of the tenant under the rental agreement. The lessor is entitled to offset all or part of the security deposit against outstanding amounts owed by the tenant. If the outstanding amounts exceed the security deposit, the tenant remains obliged to pay the difference.
9. Arrival and departure
9.1 The rented accommodation, as stated on the booking confirmation/invoice, may be occupied from 4:00 p.m. on the agreed date of arrival.
10. Rules and regulations
10.1 In order to make the stay at Beach Resorts Makkum as pleasant as possible for all guests, every visitor must comply with the conduct rules established by Beach Resorts Makkum and laid down in the Park Regulations. The tenant receives these Park Regulations upon check-in and they are also available on the website: www.makkumbeach.nl.
10.2 In accordance with local regulations, the tenant is required to present valid identification at check-in. If the tenant is unable to present valid identification, Beach Resorts Makkum may be unable or not permitted to accommodate the tenant.
10.3 Each accommodation may be occupied by no more than the number of persons booked. If the tenant receives visitors in the rented accommodation, this must be reported to reception. If visitors stay overnight, an additional charge for bed linen and resort charges will be payable. Employees of Beach Resorts Makkum are entitled to check the number of persons staying in the accommodation.
10.4 Beach Resorts Makkum reserves the right to make changes to the layout and opening hours of facilities at the resort. For necessary maintenance, the tenant must permit work to be carried out in the accommodation or other facilities during the stay without being entitled to compensation.
10.5 The tenant is required to rent and use bed linen packages supplied by Beach Resorts Makkum.
10.6 In the event of a breach of these General Terms and Conditions and/or the Park Regulations and/or failure to follow instructions given by employees of Beach Resorts Makkum, Beach Resorts Makkum has the right to remove the tenant from the resort immediately without any full or partial refund of the rental price and/or other costs.
10.7 If Beach Resorts Makkum has serious grounds to suspect that the tenant is acting in breach of the law, public order and/or accepted standards of conduct, Beach Resorts Makkum is entitled to gain access to the accommodation.
10.8 If Beach Resorts Makkum suspects that a malfunction or emergency is occurring in the accommodation in relation to matters such as electricity, water or gas, Beach Resorts Makkum is entitled to gain access to the accommodation.
10.9 When the tenant reports a malfunction to Beach Resorts Makkum, employees of Beach Resorts Makkum may enter the accommodation unless the tenant expressly objects.
11. Pets
11.1 Depending on the accommodation, a maximum of one or two pets belonging to the tenant are permitted. If the tenant and/or another user wishes to bring a pet, this must be stated at the time of booking. Beach Resorts Makkum will charge a supplement and additional cleaning costs. Beach Resorts Makkum reserves the right to refuse pets without stating reasons. Pets are not permitted in certain accommodation.
11.2 Pets must be kept on a lead outside the accommodation. Local instructions must be followed. Pets must not cause a nuisance to other guests.
11.3 Caged animals are permitted free of charge, provided that they are declared at the time of booking.
11.4 Pets belonging to visitors are not permitted.
11.5 If a pet is found in the accommodation without having been declared at the time of booking, an administration fee of €50 plus cleaning and accommodation costs will be deducted from the security deposit.
12. Use of the accommodation and inventory
12.1 A complete inventory is provided in the accommodation. The tenant must check this inventory upon arrival and immediately report any missing or damaged items. Inventory lists are located in the kitchen cupboards.
12.2 Furniture, beds, blankets and similar items may not be moved outside. In apartment buildings, hallways and corridors may not be used for storage.
12.3 The tenant is jointly and severally responsible for proper conduct in and around the rented accommodation and elsewhere at the resort, insofar as this is influenced by the tenant and his/her party.
12.4 The tenant is liable for damage caused by breakage, loss and/or damage to inventory, equipment and/or the accommodation unless the tenant can demonstrate that the damage was not caused through the fault of the tenant, other users or members of the tenant's party. Any damage must be reported immediately to Beach Resorts Makkum and paid for on site.
12.5 If theft is established, it will always be reported to the police.
12.6 If it is established that smoking has taken place in accommodation designated as non-smoking, a penalty of at least €500 will be charged.
13. Cancellation charges
13.1 Beach Resorts Makkum would like to point out that reservations made by you are legally binding. The statutory 14-day right of withdrawal, sometimes referred to as a cooling-off period, does not apply to accommodation agreements concluded with Beach Resorts Makkum.
13.1.1 If cancellation takes place more than 28 days before the date of arrival, 30% of the agreed rental price stated on the booking confirmation/invoice will be payable, plus booking charges and any preference charges, subject to a minimum charge of €75.
13.1.2 If cancellation takes place 28 days or less before the date of arrival, the full rental price stated on the written booking confirmation/invoice will be payable, plus booking charges and any preference charges.
13.1.3 The amount referred to in Article 13.1.1 must be received by Beach Resorts Makkum no later than 14 days after the date of the cancellation invoice.
13.2 If Beach Resorts Makkum has already received all or part of your payment, the applicable cancellation charges will be deducted from any amount to be refunded.
13.3 The tenant may insure against the risk of cancellation by participating in the cancellation fund at the time of booking or by taking out cancellation insurance with a third party.
13.4 If the tenant has not arrived within 24 hours after the agreed arrival date without providing further notice, this will be regarded as a cancellation and the charges referred to in Article 13.1.2 will apply.
14. Force majeure and proposed amendments
14.1 If Beach Resorts Makkum is temporarily or permanently unable to perform all or part of the agreement due to force majeure, Beach Resorts Makkum will submit a proposed amendment to the tenant within 14 days after becoming aware of the circumstances, for example by offering different accommodation and/or a different period.
14.2 Force majeure on the part of Beach Resorts Makkum occurs where performance of the agreement is wholly, partially or temporarily prevented by circumstances beyond the will and control of Beach Resorts Makkum. These circumstances include, but are not limited to, threat of war, staff strikes, blockades, fire, flooding and other disruptions or events.
14.3 The tenant is entitled to reject the proposed amendment. In that case, the tenant must notify Beach Resorts Makkum of the rejection within 14 days of receiving the proposal. Beach Resorts Makkum will then be entitled to terminate the agreement with immediate effect. The tenant will be entitled to cancellation of and/or reimbursement of any part of the rental price already paid. Beach Resorts Makkum will not be obliged to pay any further compensation.
15. Termination
15.1 Beach Resorts Makkum has the right to terminate the agreement with immediate effect at any time if personal details relating to the tenant and/or other users were provided incompletely or incorrectly at the time of booking. In such circumstances, no full or partial refund of the rental price will be provided.
16. Liability
16.1 Beach Resorts Makkum accepts no liability for theft, loss or damage to property or persons of any kind during or as a result of a stay at the resort and/or the rental or use of accommodation belonging to Beach Resorts Makkum, unless there is demonstrable intent or gross negligence on the part of Beach Resorts Makkum or one of its employees.
16.2 Liability for loss of holiday enjoyment, business losses and other consequential damages is excluded under all circumstances.
16.3 Beach Resorts Makkum is not liable for disruptions to services or defects in services provided by third parties.
16.4 Beach Resorts Makkum is not liable for oral or written information or publications provided by third parties.
16.5 The tenant is jointly and severally liable for all loss and/or damage to the rented accommodation and/or other property belonging to Beach Resorts Makkum occurring during its use by the tenant and/or other users, regardless of whether this results from an act or omission of the tenant and/or third parties who are present at the resort with the tenant's permission.
16.6 The tenant indemnifies Beach Resorts Makkum against all third-party claims relating to damages resulting wholly or partly from an act or omission of the tenant, other users, travelling companions or third parties present at the resort with the tenant's permission.
16.7 Additional charges will apply in the event of improper use, improper departure conditions and/or excessive soiling of the accommodation. The tenant is required to pay these costs immediately.
17. Photographs
17.1 When a day visitor or tenant, together with his or her party, is present at the resort, there is a possibility that he or she may accidentally appear in a photograph used in a Beach Resorts Makkum publication. In such cases, consent to the use of the photograph in the publication will be assumed, even if the person is recognisable.
18. Internet use
18.1 Depending on the accommodation, Beach Resorts Makkum provides the tenant and persons accompanying the tenant with internet access via a Wi-Fi network or cable connection.
18.2 The tenant is responsible for the proper use of the internet as well as the hardware, software, configuration, peripheral equipment and connections required for its use and for taking appropriate measures to protect the computer or operating system.
18.3 Beach Resorts Makkum is not liable for damage resulting from use of the internet or from network disruptions.
18.4 The tenant and persons accompanying the tenant must behave as responsible and careful internet users and must comply with applicable laws and regulations. They must refrain from conduct that causes inconvenience to other internet users or damage to Beach Resorts Makkum. They must also refrain from visiting websites of an unlawful nature or websites whose content is incompatible with the reputation of Beach Resorts Makkum as a provider of holiday accommodation.
18.5 If nuisance to third parties and/or internet misuse by the tenant or persons accompanying the tenant is established or suspected, Beach Resorts Makkum has the right to partially or completely block internet access without prior notice.
18.6 The tenant indemnifies Beach Resorts Makkum against claims for damages made by third parties insofar as those claims are based on the use of the internet by the tenant or persons accompanying the tenant.
19. Complaints or claims
19.1 Despite the care and effort exercised by Beach Resorts Makkum, the tenant may believe that he or she has a justified complaint concerning the holiday stay. The tenant must initially report the complaint immediately and on site to the reception of Beach Resorts Makkum, thereby giving Beach Resorts Makkum the opportunity to resolve the complaint.
If the complaint is not resolved satisfactorily, the tenant may submit the complaint in writing no later than 30 days after departure from Beach Resorts Makkum to: Makkum Rent B.V., for the attention of Management, Postbus 72, 8754 ZP Makkum, stating the booking number, name and address details, dates of stay and resort address.
The complaint will then be reconsidered with the utmost care. If this does not result in a satisfactory resolution, the tenant may, no later than 90 days after departure from Beach Resorts Makkum, submit the dispute to the Geschillencommissie Recreatie in The Hague or to the court with jurisdiction under applicable law. A decision of the Geschillencommissie is binding.
Complaints that have not been reported to reception during the stay will no longer be dealt with at check-out or after departure.
20. Applicable law
20.1 The agreement between you and Beach Resorts Makkum is governed exclusively by Dutch law.
21. Travel documents
21.1 You are responsible for ensuring that you hold all valid travel documents required for your destination. Beach Resorts Makkum accepts no liability for any damage or consequences arising from failure to possess the required travel documents.
22. General provisions
22.1 Obvious printing and typographical errors are not binding on Makkum Rent B.V. These General Terms and Conditions supersede all previous publications.
22.2 These General Terms and Conditions also apply to the current price list accompanying the brochure.
22.3 The contracting party is Makkum Rent B.V., Langezand 2, 8754 HR Makkum. Correspondence may be addressed to Postbus 72, 8754 ZP Makkum.
22.4 Makkum Rent B.V. is the official management and rental agency for Villapark Makkumerstrand, Resort Makkum in Zee, Residence Sudersee and Appartementen Zuiderzee State.
22.5 Villapark Makkumerstrand, Resort Makkum in Zee, Residence Sudersee, Appartementen Zuiderzee State and Beach Hotel de Vigilante are part of Beach Resorts Makkum.
22.6 These General Terms and Conditions apply to all bookings made directly or indirectly with Beach Resorts Makkum, with the exception of Beach Hotel de Vigilante. The Uniform Conditions for the Hotel and Catering Industry (UVH) apply to Beach Hotel de Vigilante. The content of our publications is subject to change.
22.7 All information provided to us by the tenant will be stored in a database. This database is used for our guest administration. The information may also be used by us to send targeted information and offers relating to our products and services and will not be provided to third parties for this purpose. If the tenant does not wish to receive relevant information or offers, the tenant may notify:
Beach Resorts Makkum, Postbus 72, 8754 ZP Makkum or Makkum Rent B.V., Langezand 2, 8754 HR Makkum or by email at info@makkumbeach.nl.