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Terms and conditions

RECRON TERMS AND CONDITIONS
These RECRON terms and conditions were laid down in January 2003 in consultation with the Consumentenbond (Netherlands Consumers’ Association) and the ANWB (Royal Dutch Touring Club) within the framework of the Coördinatiegroep Zelfreguleringsoverleg (Self regulatory consultation Coordination group) (CZ) of the Sociaal-Economische Raad (Social Economic Council) and shall be in force as of the 1st of April 2003. The Self regulatory consultation Coordination group appreciates mentioning the above when citing from these General Terms and Conditions.


Article 1: Definitions
These terms and conditions mean by:
a. camping means: tent, collapsible camper, camper, touring caravan, and such;
b. site: any and each possible site to accommodate a camping means, site to be described in more detail in the agreement;
c. tourist site: a site that may be occupied by a camping means for a period of at most three months;
d. entrepreneur: the company, the institution or association that puts the site at the disposal of the holiday maker;
e. holiday maker: the person who concludes the agreement on the site with the entrepreneur;
f. fellow holiday maker: the person(s) also listed on the agreement;
g. third party: any other party not being the holiday maker and/or his fellow holidaymaker(s);
h. agreed price: the remuneration that will be paid for the use of the tourist site; any and each item that is not included in the price must be mentioned and this based on a price list;
i. information: data provided in writing or digitalized on the use of the hired site and the camping means, its facilities and the regulations regarding a stay;
j. committee on disputes: the Disputes Committee in 's-Gravenhage, installed by ANWB (Royal Dutch Touring Club)/Consumentenbond (Netherlands Consumers’ Association)/RECRON;
k. cancellation: termination in writing of the agreement by the holiday maker, before the commencement date of the stay.

Article 2: Contents agreement
1. The entrepreneur puts at the disposal of the holiday maker the agreed site, and this for holiday purposes and therefore not for permanent habitation, for the agreed period; the holiday maker shall herewith get the right to put a camping means there of the agreed type and destined for the persons listed.
2. The entrepreneur shall be obliged to provide the holiday maker in advance with the written information on the basis of which this agreement has also been concluded. The entrepreneur shall always inform the holiday maker in time in writing of changes therein.
3. In the event that the information deviates considerably from the information provided at the conclusion of the agreement, then the holiday maker shall be entitled to cancel the agreement without any costs.
4. The holiday maker shall be obliged to observe the agreement and the information belonging thereto. He shall see to it that fellow holiday makers and/or third parties visiting him and/or staying with him shall also observe the agreement and the information belonging thereto.
5. In the event that the stipulations included in the agreement and/or the information belonging thereto violate the RECRON terms and conditions then the RECRON terms and conditions shall prevail. However, this does not affect any individual additional arrangements that the holiday maker and the entrepreneur may make whereby these terms and conditions are deviated from in favour of the holiday maker.
6. The entrepreneur takes it for granted that the holiday maker concludes this agreement with the consent of his possible partner.

Article 3: Duration and expiry of the agreement
The agreement shall expire by operation of law when the period of time agreed has passed whereby notice being given shall not be required.

Article 4: Price and price change
1. The price shall be agreed upon on the basis of the rates then applicable, rates that have been determined by the entrepreneur.
2. In the event that, after determination of the agreed price, because of an increase of the financial burden on the side of the entrepreneur, additional costs arise as a consequence of a change in expenditure and/or levies that relate directly to the site, the camping means or the holiday maker, then these may be passed on to the holiday maker, and this also after the conclusion of the agreement.

Article 5: Payment
1. The holiday maker must settle his payments in euros, unless differently agreed upon, thereby observing
the periods of time agreed upon.
2. a. In the event that a booking has been made more than six weeks before the date of arrival and
the holiday maker, despite prior written demand for payment, does not or not adequately fulfil
his payment obligation within a period of time of two weeks after receipt of the written
demand, then the entrepreneur shall be entitled to cancel the agreement with immediate effect,
notwithstanding the right of the entrepreneur to demand full payment of the agreed price.
b. In the event that a booking has been made six weeks or less before the date of arrival and the
holiday maker does not or not adequately fulfil his payment obligation, then the agreement
shall expire by operation of law whereby the holiday maker shall owe a remuneration to the
entrepreneur in accordance with article 6 paragraph 1. The entrepreneur must inform the
holiday maker beforehand of the consequences of overdue payment.
3. In the event that at the day of arrival the entrepreneur is not in possession of the total amount owed, then
he shall be entitled to deny the holiday maker access to the grounds, notwithstanding the right of the
entrepreneur to demand full payment of the agreed price.
4. Any and all extrajudicial costs reasonably made by the entrepreneur, after having given notice of default
to the holiday maker, shall be at the expense of the latter. In the event that the total amount has not been
paid in time and after a demand for payment has been made in writing, then the interest percentage
statutorily laid down shall be charged on the amount still outstanding.

Article 6: Cancellation
1. In case of cancellation the holiday maker shall pay a remuneration to the entrepreneur. This
remuneration shall amount to:
- in case of cancellation more than three months before the commencement date, 15% of the agreed price;
- in case of cancellation within three to two months before the commencement date, 50% of the agreed
price;
- in case of cancellation within two months or one month before the commencement date, 75% of the
agreed price;
- in case of cancellation within one month before the commencement date, 90% of the agreed price;
- in case of cancellation on the day of the commencement date, 100% of the agreed price.
2. The remuneration shall pro rata be repaid after deduction of administrative costs in the event that the
site is reserved for the same period or part thereof by a third party on the recommendation of the holiday
maker and with the written consent of the entrepreneur.

Article 7: Use by third parties
1. The camping means and/or the site it sits on may only be used by third parties in the event that the
entrepreneur has granted written consent.
2. The consent given may be accompanied by terms and conditions which will then have to be put down in
writing in advance.

Article 8: Premature departure of the holiday maker
The holiday maker shall then owe the full price for the agreed period on the basis of the rates then charged.

Article 9: Premature termination by the entrepreneur and eviction because of attributable shortcoming
and/or unlawful act
1. The entrepreneur may cancel the agreement with immediate effect:
a. In the event that, in spite of prior written warning, the holiday maker, fellow holiday maker(s)
and/or third party/parties does not/do not or not adequately observe the obligations laid down
in the agreement, the information belonging thereto and/or government regulations and this to
such a degree that according to criteria of reasonableness and fairness, the entrepreneur cannot
be required to continue the agreement;
b. In the event that, in spite of prior written warning, the holiday maker causes inconvenience for
the entrepreneur and/or fellow holiday makers or spoils the good atmosphere on or in the close
vicinity of the grounds;
c. In the event that, in spite of prior written warning, the holiday maker acts in violation of the
destination of the grounds by using the grounds and/or the camping means in a certain manner;
d. In the event that the camping means of the holiday maker does not satisfy generally accepted
safety standards.
2. In the event that the entrepreneur wishes premature cancellation and vacation he shall be obliged to inform the holiday maker thereof in a letter handed to the latter by the entrepreneur himself. The letter must point out to the holiday maker that he has the possibility to bring the dispute before the Disputes Committee and the period of time as described in Article 13 paragraph 3 that must then be observed. The written warning may be omitted in urgent cases.
3. After cancellation the holiday maker must see to it that his site and/or camping means is vacated and the grounds are left as soon as possible, however, within 4 hours at the latest.
4. In ht event that the holiday maker fails to vacate his site, the entrepreneur shall be entitled to vacate the site in accordance with article 10 paragraph 2.
5. The holiday maker shall in principle remain under the obligation to pay the agreed rate.

Article 10: Vacation
1. When the agreement is terminated, the holiday maker must vacate the site leave it empty and completely clean at the final day of the period agreed at the latest.
2. Should the holiday maker not remove his camping means, then the entrepreneur shall be entitled to vacate the site after having given a warning in writing and observing a period of seven days starting at the day of reception of the warning; any costs made shall be payable by the holiday maker notwithstanding the stipulations included in article 9 paragraphs 2 and 3. Any possible storage costs, in so far as reasonably made, shall be payable by the holiday maker.

Article 11: Legislation and regulations
1. The holiday maker shall at all times see to it that the camping means put there by him, both inside and outside, satisfies all environmental and safety demands that (may) be set in connection with the camping means by the authorities or by the entrepreneur within the framework of environmental measures for his enterprise.
2. The entrepreneur shall be obliged to observe the stipulations included in the EFCO Charter, titled ‘Controlling external risks at camping parks’. The contents of the Charter can be inspected at the publicly accessible RECRON site (www.recron.nl)
3. LPG installations shall only be allowed on the park in the event that these are inside motor vehicles that have been inspected and passed by the Rijksdienst voor het Wegverkeer (Department of Road Transport)
4. In the event that the holiday maker must take precautionary measures pursuant to municipal fire precaution regulations, such as having at standby an approved fire extinguisher, then the holiday maker must strictly observe these regulations.

Article 12: Maintenance, installations and grounds
1. The entrepreneur shall be obliged to maintain the recreation grounds and the central facilities in a good state of repair.
2. The holiday maker shall be obliged to maintain the camping means put there by him and the site belonging to it in the same state of repair.
3. The holiday maker, fellow holiday maker(s) and/or third party/parties shall not be allowed to dig into the site, to fell trees, to trim down bushes, to erect antennae, to put up fences or partitions, or buildings or any other facilities of any nature whatsoever near, on, under or surrounding the camping means without prior written consent of the entrepreneur.
4. The holiday maker shall remain responsible at al times for keeping the camping means and the facilities mentioned in paragraph 3 transportable.

 

Article 13: Liability
1. The statutory liability of the entrepreneur for any other damage than loss resulting from injury or death, shall be limited to a maximum of ¤ 455.000,- per event. The entrepreneur shall be obliged to take out an insurance to cover this.
2. The entrepreneur shall not be liable for any accident, theft, damage or loss on his grounds unless such is the result of a shortcoming that is attributable to the entrepreneur.
3. The entrepreneur shall not be liable for any consequences of extreme weather influences or any other form of circumstances beyond his control.
4. The entrepreneur shall be liable for any interruptions occurring in his part of the utility services unless he may invoke circumstances beyond his control or in case these interruptions are connected with the wire or pipe as of the taking-over point of the holiday maker.
5. The holiday maker shall be liable for interruptions in the part of the utility services measured from the taking-over point unless it is a matter of circumstances beyond his control.
6. The holiday maker shall be liable vis-à-vis the entrepreneur for any loss or damage caused by his actions or failure to act, by those of his fellow holiday maker(s) and/or third party/parties or their failure to act, and this in so far as this concerns loss or damage that may be attributed to the holiday maker, his fellow holiday maker(s) and/or third party/parties.
7. The entrepreneur shall be obliged to take suitable measures after the holiday maker has reported nuisance caused by other holiday makers.

Article 14: Regulation on disputes
1. The Netherlands law shall apply to any and all disputes in connection with the agreement. The Disputes Committee or a Netherlands Court shall be competent by exclusion to take cognizance of these disputes. Notwithstanding the stipulations included in paragraph 3, all this does not affect the right to bring the matter before the Court whenever these terms and conditions refer to the Disputes Committee.
2. Any disputes between the holiday maker and the entrepreneur on the creation or execution of the agreement these terms and conditions apply to, may be brought before the Geschillencommissie Recreatie (Disputes Committee Recreation), P.O. Box 90600, [NL]2509 LP 's-Gravenhage (visiting address: Bordewijklaan 46, [NL]2591 XR 's-Gravenhage), both by the holiday maker and by the entrepreneur.
A dispute shall only by dealt with by the Disputes Committee in the event that the holiday maker brings his complaint in writing before the entrepreneur within two weeks after it has arisen. Subsequently, the holiday maker must bring the dispute in writing before the Disputes Committee ultimately two months after he has brought his complaint before the entrepreneur, thereby stating names and addresses of the holiday maker and the entrepreneur and a clear description of the dispute and the claim. In case the holiday maker has brought the dispute before the Disputes Committee, then the entrepreneur shall not have any other choice of forum.
3. The Disputes Committee shall not be authorized to accept a dispute that refers to a complaint in connection with illness, physical injury, death or the failure to pay an invoice that is not based on a material complaint.
4. In case the entrepreneur submits a dispute to the Disputes Committee then it shall not accept this dispute until the holiday maker has declared in writing within one month that he shall submit to the judgment of the Disputes Committee and has deposited any (remaining) amount of money that he may owe in a bank account held by the Disputes Committee.
5. In case the holiday maker brings a dispute before the Disputes Committee, this committee shall not accept this dispute until the holiday maker has deposited any (remaining) amount of money that he may owe in a bank account held by the Disputes Committee. The holiday maker shall be obliged to pay this amount into an account to be designated by the Disputes Committee within one month. In case the holiday maker does not do so in time, then it shall be assumed that he is not willing to submit to the judgment of the Disputes Committee.
6. Handling a dispute shall be contingent on the payment of a remuneration.
7. With regard to the way disputes are being handled, reference is made to the Reglement Geschillencommisie Recreatie (Regulation for the Disputes Committee Recreation).

Article 15: Performance bond
1. RECRON shall take upon itself the obligations of any RECRON member vis-à-vis a holiday maker, that has been enforced upon such member by the Disputes Committee as a binding opinion on the basis of the terms and conditions agreed upon between RECRON and the Stichting Geschillencommissie voor Consumentenzaken (Disputes Committee for Consumers’ Interests Association) in the event that the entrepreneur concerned has not fulfilled these obligations within the period of time laid down in the binding opinion.
2. Should the entrepreneur have brought the binding opinion before the civil court within two months after the date of such opinion, then any possible fulfilment of the binding opinion shall be suspended until the civil court has ruled on the matter.
3. For the performance bond to be applicable, the holiday maker must invoke its application in writing in a letter addressed to RECRON.

Article 16: Alterations and changes
Alterations to and changes of the RECRON terms and conditions may only be made in consultation with the consumers’ organisations, in this matter represented by the ANWB (Royal Dutch Touring Club) and the Consumentenbond (Netherlands Consumers’ Organisation).