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General terms and conditions

General terms and conditions

RECRON terms and conditions holiday accommodation

These RECRON terms and conditions were drawn up in consultation with the Consumers' Association and the ANWB, within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and came into force on 1 July 2016.

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Article 1: Definitions

In these terms and conditions, the following definitions shall apply:

  1. holiday accommodation: tent, folding camper, camper van, (stationary) caravan, bungalow, summer house, hiker's hut and the like;
  2. entrepreneur: the company, institution or association that makes the holiday accommodation available to the holidaymaker;
  3. recreant: The person who enters into the holiday accommodation agreement with the entrepreneur;
  4. co-creator: the person(s) also specified on the agreement;
  5. third: any other person, other than the holiday maker and/or his fellow holiday maker(s);
  6. agreed price: the fee paid for the use of the holiday accommodation; this should indicate, using a price list, what is not included in the price;
  7. costs: all costs for the entrepreneur related to the operation of the recreation business;
  8. information: written/electronic data on the use of the holiday accommodation, its facilities and rules concerning the stay;
  9. arbitration committee: Recreation Disputes Committee in The Hague, composed by ANWB/Consumentenbond/RECRON;
  10. cancellation: the written termination by the holiday maker of the agreement before the start date of the stay;
  11. a dispute: if a complaint submitted to the entrepreneur by the holiday maker has not been resolved to the satisfaction of the parties.

Article 2: Content of the agreement

  1. The entrepreneur puts at the disposal of the holiday maker for recreational purposes, i.e. not for permanent occupation, a holiday home of the kind or type agreed upon, for the agreed period and the agreed price.
  2. The entrepreneur shall be obliged to provide the holiday maker in advance with the written information on the basis of which this agreement is partly concluded. The entrepreneur shall always inform the holiday maker promptly in writing of any changes therein.
  3. If the information differs substantially from the information provided at the time of entering into the agreement, the holiday maker shall be entitled to cancel the agreement without costs.
  4. The holiday maker has the obligation to observe the agreement and the accompanying information. He shall see to it that fellow holiday maker(s) and/or third party/parties visiting him and/or staying with him observe the agreement and the accompanying information.
  5. In case what is stated in the agreement and/or the accompanying information conflicts with the RECRON conditions, the RECRON conditions shall apply. This does not affect the fact that the holiday maker and the entrepreneur can make individual supplementary agreements whereby these terms and conditions are deviated from in favour of the holiday maker.

Article 3: Duration and expiry of the agreement

The agreement ends by operation of law after the expiry of the agreed period, without notice being required.

Article 4: Price and price changes

  1. The price is agreed on the basis of the then current rates, which are set by the entrepreneur.
  2. In the event that, after determination of the agreed price, because of an increase of charges on the side of the entrepreneur, extra costs arise as a consequence of a change in charges and/or levies, which directly relate to the holiday residence or the holiday maker, these may be passed on to the holiday maker, also after the conclusion of the agreement.

Article 5: Payment

  1. The holiday maker must make the payments in euros, unless otherwise agreed, respecting the agreed deadlines.
  2. In case the holiday maker, despite prior written warning, does not or not properly fulfil his payment obligation within a period of two weeks after the written warning, the entrepreneur shall be entitled to cancel the agreement with immediate effect, notwithstanding the right of the entrepreneur to full payment of the agreed price.
  3. If on the day of arrival the entrepreneur is not in possession of the total amount due, he shall be entitled to deny the holiday maker access to the holiday residence, notwithstanding the entrepreneur's right to full payment of the agreed price.
  4. The extrajudicial costs reasonably made by the entrepreneur, after a notice of default, shall be at the expense of the holiday maker. In case the total amount has not been paid in time, the statutory interest rate shall be charged on the outstanding amount after written summons.

Article 6: Cancellation

  1. In case of cancellation, the holiday maker pays a fee to the entrepreneur. This amounts to:
    • for cancellation more than three months before the start date: 15% of the agreed price;
    • for cancellation within three to two months before the start date: 50% of the agreed price;
    • for cancellation within two to one month before the start date: 75% of the agreed price;
    • for cancellation within one month before the start date: 90% of the agreed price;
    • for cancellation on the day of the start date: 100% of the agreed price.
  2. The remuneration shall be refunded pro rata, after deduction of administration costs, in case the place 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. Use by third parties of the holiday accommodation is only allowed if the entrepreneur has given written consent.
  2. The consent given may be subject to conditions, which must then be laid down in advance in writing.

Article 8: Premature departure of the holiday maker

The holiday maker shall owe the full price for the agreed tariff period.

Article 9: Interim termination by the entrepreneur and eviction

  1. The entrepreneur may terminate the agreement with immediate effect:
    1. In the event that the holiday maker, fellow holiday maker(s) and/or third party/parties do not or not adequately observe or comply with the obligations under the agreement, the accompanying information and/or government regulations, despite prior written warning, and to such an extent that, according to the standards of reasonableness and fairness, the entrepreneur cannot be required to continue the agreement;
    2. If the holiday maker, despite prior written warning, causes nuisance to the entrepreneur and/or fellow holiday makers, or spoils the good atmosphere on, or in the immediate vicinity of the premises;
    3. If, despite prior written warning, the holiday maker acts contrary to the destination of the property by using the holiday home.
  2. In case the entrepreneur wishes premature termination and eviction, he must inform the holiday maker thereof by letter handed to him personally. This letter must point out to the holiday maker the possibility to bring the dispute before the Disputes Committee. The written warning may be omitted in urgent cases.
  3. After cancellation, the holiday maker must ensure that the holiday residence is vacated and the grounds left as soon as possible, but within 4 hours at the latest.
  4. In principle, the holiday maker remains obliged to pay the agreed rate.

Article 10: Laws and regulations

  1. The entrepreneur ensures at all times that the holiday accommodation, both internally and externally, complies with all environmental and safety requirements that the government imposes or may impose on the holiday accommodation.
  2. The holiday maker shall be obliged to strictly observe all safety regulations in force on the site. He shall also see to it that fellow holiday maker(s) and/or third party/parties visiting him and/or staying with him strictly observe the safety regulations in force on the site.

Article 11: Maintenance and construction

  1. The entrepreneur is obliged to keep the recreation area and central facilities in a good state of repair.
  2. The holiday maker shall be obliged to keep the holiday residence and its immediate surroundings, during the term of the agreement, in the same condition in which the holiday maker received it.
  3. The holiday maker, fellow holiday maker(s) and/or third party/parties are not allowed to dig on the property, cut down trees, trim bushes or carry out any other activity of such nature.

Article 12: Liability

  1. The statutory liability of the entrepreneur for other than injury and death damage is limited to a maximum of €455,000 per event. The entrepreneur is obliged to take out insurance for this.
  2. The proprietor shall not be liable for any accident, theft or damage on its premises unless it is the result of a failure attributable to the proprietor.
  3. The entrepreneur is not liable for consequences of extreme weather conditions or other forms of force majeure.
  4. The entrepreneur is liable for utility failures unless he can invoke force majeure.
  5. The holiday maker shall be liable towards the entrepreneur for any damage caused by the acts or omissions of himself, the fellow holiday maker(s) and/or third party/parties, as far as it concerns damage that can be attributed to the holiday maker, the fellow holiday maker(s) and/or third party/parties.
  6. The entrepreneur undertakes to take appropriate measures after notification by the holiday maker of nuisance caused by other holiday makers.

Article 13: Dispute resolution

  1. The holiday maker and the entrepreneur are bound by rulings of the Disputes Committee.
  2. All disputes relating to the agreement are governed by Dutch law. Only the Geschillencommissie or a Dutch court is authorised to take cognisance of these disputes.
  3. In the event of a dispute about the conclusion or execution of this agreement, the dispute must be submitted to the entrepreneur in writing or in another form to be determined by the Disputes Committee not later than 12 months after the date on which the holiday maker submitted the complaint to the entrepreneur.

    In case the entrepreneur wishes to bring a dispute before the Disputes Committee, he must ask the holiday maker to decide within five weeks whether or not he wants to bring the dispute before the Disputes Committee. The entrepreneur must thereby announce that he will consider himself free to bring the dispute before the court after the aforementioned period has passed.

    In those places where the terms and conditions speak of Disputes Committee, a dispute can be submitted to the court. If the holiday maker has submitted the dispute to the Disputes Committee, the entrepreneur shall be bound by this choice.
  4. For the handling of disputes, please refer to the Recreation Disputes Committee Regulations. The Disputes Committee is not authorised to deal with a dispute relating to illness, injury, death or the non-payment of an invoice on which no material complaint is based.
  5. A fee is payable for handling a dispute.

Article 14: Performance guarantee

  1. RECRON shall assume the obligations of a RECRON member vis-à-vis a holiday maker, imposed on him by the Disputes Committee in a binding opinion, under the conditions agreed upon between RECRON and the Consumer Disputes Committee (Stichting Geschillencommissie voor Consumentenzaken), if the entrepreneur in question has failed to comply with them within the term stipulated in the binding opinion.
  2. If the proprietor has submitted the binding advice to the civil court for review within two months of its date, any compliance with the binding advice will be suspended until the civil court has ruled.
  3. The application of the performance bond requires that the holiday maker makes a written appeal to RECRON.

Article 15: Amendments

Amendments to the RECRON terms and conditions can only be made in consultation with the consumer organisations, in this case represented by the ANWB and the Consumers' Association.

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