This VeKaBo terms and conditions land recreations were established in April 2002. They will take effect on January 1, 2003. These conditions apply to all contracts for the use of touristic places.
Article 1: Definitions
In these terms and conditions the following is understood by:
a. holiday accommodations: tent, folding caravan, camper, caravan, etc.
b. entrepreneur: the company, institutions or association that makes the site available;
c. holiday-maker: the person who enters into an agreement with the entrepreneur regarding the pitch;
d. place: each by the agreement specified placement option for a holiday accommodation;
e. touristic place: the holiday accommodation is situated on this site for 3 months maximum;
f. rules of conduct: rules regarding the use of and the stay on the holiday camp, the site and in the holiday accommodation;
g. Conciliation Board: The board of the regional associations, covered by VeKaBo Netherlands.
Article 2: Content of the agreement
1. The entrepreneur provides the holiday maker with the agreed location, for the agreed period, with the right to place a holiday accommodation of the agreed type for the specified persons, for recreational purposes, so not for permanent residence.
2. The holiday maker is entitled, to place a holiday accommodation of the same nature and of about the same dimensions and with the same appearance as agreed, in case of replacement.
3. The agreement is concluded on the basis of the information, brochure(s) and/or other advertising material, provided by the entrepreneur to the holiday maker.
Article 3: Soundness and safety
1. The holiday maker ensures that the electricity-, gas-, and water installation in his holiday accommodation meets the requirements of the relevant public utilities. The entrepreneur has the right to check, or to have checked, the soundness and safety of the electricity-, gas-, and water installation in the holiday accommodation of the holiday maker.
2. The entrepreneur is liable for failure unless he can rely on force majeure or if this failure is due to faults in the installation, for which the holiday maker is responsible.
3. It is not allowed to the holiday maker to place an LPG installation in any way, other than the by the Department of Road Transport approved installation in a motor vehicle.
Article 4: Maintenance and lay out
1. The entrepreneur ensures that the recreation area is in a proper state of maintenance.
2. It is not allowed to the holiday maker - except the normal maintenance - to dig in the ground, to cut trees or prune shrubs, to build gardens, to plant bulbs, to place antennas, to place fences, to build porches, to place tile platforms or other facilities, without prior written consent of the entrepreneur.
Article 5: Price
The agreed price includes the costs of using gas/electricity/water/sewer and other associated costs, with exception of the tourist taxes, unless announce otherwise, in advance.
Article 6: Price change
If it occurs that after the setting of the price, the entrepreneur is confronted with extra costs, through a change in taxes, duties or other charges, which also concern the holiday maker, those costs can be passed on to the holiday maker.
Article 7: Payment
1. The holiday maker has to make the payments in Dutch currency, in accordance with the agreed deadlines, unless otherwise agreed.
2. If the holiday maker, despite prior written notice, does not fulfill, or not properly fulfill his payment obligation, the entrepreneur has the right to terminate the agreement with immediate effect, in accordance with the determined in the paragraphs 3 and 4.
3. If the entrepreneur terminates the agreement, he must let it know to the holiday maker by a registered or personal handed over letter, while pointing out his possibility to undo this termination by meeting his payment obligation, within 10 days after sending or handing over this termination letter, or by submitting the dispute to the conciliation board or the competent civil court.
4. If the holiday maker did not use the option as mentioned in paragraph 3, the entrepreneur has the right to deny access to his territory to the holiday maker, his family, lodges and visitors.
Article 8: Cancellation
1. If the holiday maker cancels the agreement before the commencing date, he owes a fixed compensation. This does not apply if the reason for cancellation is a price increase made within three months after the conclusion of the contract, with the exception of the price changes as mentioned in Article 6.
The compensations amount:
- If cancelled up to three months before the commencing date, 15% of the agreed price;
- If cancelled up to two months before the commencing date, 50% of the agreed price;
- If cancelled up to one month before the commencing date, 75% of the agreed price;
- If cancelled within one month before the commencing date, 90% of the agreed price;
- If cancelled on the commencing date, 100% of the agreed price;
2. The compensation will be proportionately refunded, after deduction of the administrative costs, if the place is reserved by a third for the same period or part thereof, and if there are no other places available in that period. The administration costs are 55 of the agreed price with a minimum of € 27,50 and a maximum of € 55,--.
Article 9: Rules of conduct
1. Holiday maker, his family, lodges, visitors and potential users have the obligation to meet the rules of conduct as prescribed by the entrepreneur, including rules regarding possible required camping- and residence documents and registration obligations.
2. The entrepreneur enables the holiday maker to take cognizance of the rules of conduct.
3. If the by the entrepreneur prescribed rules of conduct and/or the agreement are in conflict with this conditions and to the detriment of the holiday maker, this conditions apply.
Article 10: Liability
1. The entrepreneur is not liable for theft, accidents of damage on his property, unless they are caused by a shortcoming of him or his staff.
2. The holiday maker is liable, towards the entrepreneur, for the damage caused by the act or the omission of himself and/or his family, his lodges, or his authorized visitors, as far as it concerns damage which attributable to the contractor or them.
3. The legal liability of the entrepreneur will at least include the risk that reasonably can be covered by liability insurance, with a minimum of € 455,000,--.
Article 11: Duration and termination of the agreement
The agreement expires automatically after the expiry of the agreed period.
Article 12: Interim termination by the holiday maker
If the holiday maker makes an early departure, he is due the full price for the agreed rate period (excluding the costs of using gas/electricity/water/sewer).
Article 13: Interim termination by the entrepreneur and eviction in case of failure
1. If the holiday maker, his family, lodges or visitors do not meet, or not properly meet, the obligations from the contract, the conditions, rules or government regulations, despite prior warning and to such an extent that in the standards of reasonableness and fairness cannot be required from the entrepreneur, that the agreement is continued, the entrepreneur may terminate the agreement with immediate effect. Thereafter, the holiday maker has to vacate the holiday accommodation and leave the property as soon as possible. The warning can be omitted in very urgent cases.
2. If the holiday maker fails to vacate his place, the entrepreneur is entitled to do this on the costs of the holiday maker.
3. If the holiday maker has the opinion that the entrepreneur wrongfully terminated the agreement, he shall immediately inform the entrepreneur and has to take the dispute to the conciliation board within 30 days after the removal. The holiday maker remains in principle obliged to pay the agreed rate.
Article 14. Use by third parties
It is neither the entrepreneur nor the holiday maker allowed to give, the holiday accommodation or place, under which name whatsoever it is mentioned, in use, unless expressly agreed otherwise. The conditions governing the permitted cease to use are arranged in advance by a separate agreement.
Article 15. Collection costs
The extrajudicial costs made by the holiday maker, or the entrepreneur, after giving notice, are for the account of the entrepreneur or the holiday maker. If the total amount is not timely met, the statutory rate of interest can be charged on the remaining balance, after written demand.
Article 16. Conciliation settlement
1. All disputes relating to the agreement are governed by Dutch law. Only a Dutch court or the hereafter mentioned Conciliation Board is empowered to take cognizance of these disputes. Notwithstanding the provisions of paragraph 3, where the conditions speak of the Conciliation Board, an appeal to the civil court is unaffected.
2. Disputes between the holiday maker and the entrepreneur about the conclusion or execution of the agreement to which these conditions apply, can be submitted by both, the holiday maker and the entrepreneur, to the Conciliation Board.
3. Notwithstanding the provisions of Article 7, paragraph 3 and 13 paragraph 3, a dispute is only discussed by the Conciliation Board, if the holiday maker has submitted his complaint to the entrepreneur first, within two months after the onset of the complaint. Then the holiday maker has to submit his complaint to the Conciliation Board, within three months after he submitted it to the entrepreneur, stating the names and addresses of the holiday maker and the entrepreneur and a clear description of the dispute and the claim. When the holiday maker has submitted the dispute tot the Conciliation Board, the entrepreneur is bound by this choice, so in this matter he has no possibility to appeal to a regular court of law.
4. The Conciliation Board is not competent of dealing with a dispute relating to complaints about illness, injury, death or a dispute relating solely to the non-payment of an invoice and which is not based on a material complaint. Notwithstanding the provision of article 7, the entrepreneur is authorized to bring a procedure before the regular court of law, if the contractor does not pay his invoice on time.
5. If the entrepreneur submits a dispute to the Conciliation Board, the Board will discuss this dispute only after the holiday maker has declared in writing, within one month, that he will submit himself to the decision of the Conciliation Board and that he has deposited any (remaining) amount to the Conciliation Board.
6. If the holiday maker submits a dispute to the Conciliation Board, the Board will discuss this dispute only after the holiday maker has paid any (remaining) amount that he owes the entrepreneur, to the Conciliation Board. The holiday maker has to transfer this amount within one mount to an account specified by the Conciliation Board. If the holiday maker did not timely transfer the amount, it is assumed that he will not submit to the decision of the Conciliation Board.
7. Handling of a dispute, requires a fee.
Article 17: Compliance guarantee
VeKaBo will take over the obligations, of a member, him in a binding decision imposed by the Conciliation Board, towards the contractor and/or (one of) the group, if the entrepreneur concerned did not meet these obligations within the in the binding decision mentioned term. If that advice has been submitted to the court for review, within two months after the signed date, the appeal to the compliance guarantee shall be suspended until judgment becomes final. For application of this guarantee it is required that the contractor submits a written appeal to it to the VeKaBo.
Article 18: Amendments
Amendments to the VeKaBo conditions are only applied after consultation with the Board of VeKaBo Netherlands.