|
– The client is owner and/or manager of the registered accommodation. – The client is allowed to offer the accommodation for the night(s) to a third party (herinafter: the guests). – The client has commisioned the agent to take care of the agreement with the guests in consideration of offering the accommodations for the nights. (Herinafter: present agreement) – Both parties are aware of their rights and liabilities established considering this present agreement.
1. Power of attorney
a. The client gives the agent the power of attorney for the duration of this present agreement. The agent is allowed to close the agreement in name of the client between the client and the guests. 2. Mentioning the accommodation on Internet
a. the accommodation will be mentioned on the agent’s internet site (Directstay) with photos and desription provided by the Client. 3. The agreements a. Guests are able to put their bookings on Directstay. b. In case bookings are placed on Directstay, the agent will make a supreme effort to ensure that the general agreement will be followed (herinafter: general agreement).The general agreement will contain payment and cancellation settlements with the guests. The general agreement will be determined by the agent. c. The client will disclaim any claim damages towards the agent considering: - content of the general agreement - duration of the general agreement - the question if the general agreement is lawful. At any time the client is allowed to end the present agreement. d. The client has under no circumstances any claim damages towards the agent when it comes down to the way the agreements are made and the way the agent makes a supreme effort to ensure that the agreement will be followed. Unless the client wants to end the present agreement . e. In principle, the guests will be paying 20% of the total amount of the booking costs. In principle, the guest will pay the rest of the amount when entering the accommodation. The guest will pay a damage deposit and a cleaning fee when entering the accommodation.
4. Fee
a. For every booking on Directstay, the agent is allowed to claim a fee, equal to the amount of the booking costs. b. The claim for a fee does not depend on the execution of the agreements. In case a guest cancells a booking or does not show up, the agent will maintain his claim to his fee. This is different when the guest cancells his booking according the cancellation settlements. The guest is allowed to claim full refund of the booking costs when cancelled according cancellation settlements.
5. Liability and guarantee a. The agent is not bounded to any compensation of damage to the client, the accommodation or other possessions. The agent is not bounded to any compensation of costs which occur during the execution of the agreement. b. In case the guests call the agent to account for compensation of damage or costs which they think they have made due to the present agreement , the client will protect the agent. The client is free to defend himself against accusation at his own expense. The client is allowed to defend in the name of the agent. The agent is not allowed to defend himself against accusation.
c. The clients also protects the agent for every claim from a third party, in connection with the present agreement. The client is free to defend himself against accusation at his own expense. The client is allowed to defend in the name of the agent. The agent is not allowed to defend himself against accusation. 6. Taxes and such like
a. The client takes care of early contribution of tourist taxes and possibly other taxes and charges. b. In case the responsible authorities (tax office, local authority etc) try to recoup losses from the agent, the client will protect the agent. The client is free to defend himself against accusation at his own expense. The client is allowed to defend in the name of the agent. The agent is not allowed to defend himself against accusation. 7. Insurance
a. The client has concluded an insurance policy which covers all damage and claims which could be a possible result of the present agreement when executed according the present agreement.
8. Term of notice
In case the client terminates the agreement, he is obliged to carry out already placed bookings. At least three months after date of the termination, the client has to carry out the agreement in accordance with the guest.
9. Appropriate right and competent judge
a. The Dutch law applies to all disagreements between the client and the agent as a result from this present agreement. The court in Amsterdam is exclusive qualified to take note of these disagreements.
|