Terms and conditions Gites BV and Gites Betalingen BV

This page contains the general terms and conditions of Gites B.V. and Gites Betalingen (Payments) B.V.
Gites B.V. is the operator of this website. Gites Betalingen (Payments) is the party responsible for processing bookings and payments that go through the booking module of this website.

TERMS AND CONDITIONS GITES

Gites B.V. (Hereinafter referred to as Gites) is located at Lloydstraat 138 (3024 EA) in Rotterdam and registered at the Chamber of Commerce under number 24321887. The VAT number is NL818701158B01.

Gites Betalingen B.V. (hereinafter: Gites Betalingen) is located at Lloydstraat 138 (3024 EA) in Rotterdam and registered at the Chamber of Commerce under number 67258344. The VAT number is NL856899719B01.

Introduction

Rules apply to the use of the website. These are described in the terms and conditions. The terms and conditions apply to the use of the website and all legal relationships and agreements between Gites and the users of the website. Users of the website include visitors, advertisers, guests (also known as tenants or renter), hosts (also known as landlords or property owners), buyers and sellers.
The text of these terms and conditions is offered in the Dutch language and in other languages. In case of conflict or if something is unclear, the Dutch version will prevail. If any provision of these Terms and Conditions is invalid, is not binding, void or voidable, this will not affect the other provisions of the Terms and Conditions.

Gites and Gites Betalingen have a general section of Terms and Conditions that applies to both companies and also each has a specific section that differs. Gites and Gites Betalingen have the right to change the General Terms and Conditions. The new version of the General Terms and Conditions is applicable from the moment of its publication.

General section for Gites and Gites Betalingen

Where this section of the Terms and Conditions reads Gites, it should read: Gites or Gites Betalingen.

I. Conditions for using the website and general conditions

This part of the terms and conditions applies to anyone who in any manner whatsoever uses the website, such as by visiting the website, advertising on it and / or making a booking as a guest or host through the booking module of the website or by entering another agreement with Gites

Etiquette
Gites expects all users to behave correctly towards others and towards Gites. For all users applies that it is not allowed to:

• place incorrect, incomplete or misleading data;
• advertise products or services other than in accordance with the website's format;
• to act in breach of third party rights, including intellectual property rights;
• distribute viruses or messages containing spam, chain letters or pyramid schemes;
• encumber the infrastructure unreasonably or disturb the proper functioning of the website;
• place any content or post personal information from third parties, copy, adapt, distribute, or other ways breach on the privacy of others;
• make offensive comments about or to others or to insult, intimidate, discriminate, extort, violently express oneself or spread pornography;  
• place data that are inconsistent with the objectives of Gites;

This list is not complete. Other undesirable acts are not allowed, Gites will decide whether they are undesirable or not. Gites has the right to exclude a user from using the website notwithstanding any other rights that Gites has.

The user agrees that Gites has the right to inform the police/the authorities and provide information about a user if such information is requested in relation to a suspected criminal act.

To report an act in which social norms are violated, we encourage users to contact us via the help desk.

Order of appearance

All advertisements on Gites are randomly assigned a sequence number every night. All advertisements in a selection have an equal chance of being at the top of the list.
There are two choices in the selection menu that ensure that this sequence number does not matter:
- If someone searches with a certain budget. In this case, the price range in the price slider in the selection menu determines the selection.
- When someone searches with a search term in the selection menu. In that case, the relevance of the keyword determines the order of the list.

Inaccurate information on the website

Data about accommodation(s) listed on the website come from and are placed by the host. The host is responsible for ensuring that this information, including pricing, availability and features of the property or properties are true and correct. Gites facilitates the placement of advertisements, but is not able to check the data for correctness and does not take any responsibility for its accuracy or completeness.

All information on the website is subject to errors or other mistakes by Gites or by advertisers. Data on the website is only meant to be supportive and never intended as advice.

Gites requests the user to report any inaccuracies or incompletion immediately after discovery in Gites via the help desk. For this, we thank you, also on behalf of other users of the website.

Intellectual property

Data on the website might be protected by the rights of intellectual property. These rights are reserved and must be respected. Data can include text, graphics, photos and illustrations. The website itself is protected, including design, software, trademarks and logos and information. Subject to statutory exceptions, none of this may be reproduced (including "framing"), made available to third parties or made public without the prior written consent of Gites or their respective owners. The establishment of a hyperlink on another website to (a page on) the Gites website is in principle permitted.

Gites retains the right to ban a hyperlink from the website if the content, image or reputation of the host website is at odds, according to Gites, with the name and reputation of Gites.

Placing a hyperlink in the advertisement on Gites that refers to another or own website is not permitted and Gites reserves the right to remove it without notice.

Account

The website offers the user the ability to create an account. If the user uses this option, it is asserted that :

• he is 18 years or older and is legally competent;
• all information provided is true and complete;
• he is entitled to use the data.

In conflict herewith Gites reserves the right to delete the account immediately without prejudice to any other rights accruing Gites.

The account can be changed by the user at any time or be removed on request via the help desk. The account is personal and non-transferable, which means that the user may not transfer it to anyone else.

Communication
When communicating with Gites the user accepts responsibility for the use of email as a communication tool and the possibility that email is not received or is not received on time. The user should always check his spam filter and the website.

Privacy

Gites takes the necessary care into account in the processing of personal data with respect for everyone's privacy. The user hereby grants permission for the processing of personal data obtained by Gites through the website.
Gites has to obtain user information, including address, bank and payment details and the content of necessary conversations via the website for the execution of the services. This information is used by Gites for the following purposes:

• the execution of the agreement(s), including the provision and billing of services Gites;
• dealing with bookings and giving out information about its progress;
• informing about products and services of Gites;
• providing data to third parties based on legal obligations;

Furthermore Gites records data (including used IP address) in order to compile usage statistics and security of the website.

Gites use cookies on its website that are stored by the user's browser on his computer. Cookies are used in the search process and the booking process to store information about user search and bookings. The visitor may set their browser in order not to receive cookies while visiting Gites. In that case it may happen that the user can not use all features of the website or that he has no access to parts of the website.

If the visitor would like to know what information about him Gites has recorded or if he wants to change his data, he may consult his account and modify or contact the help desk of Gites for further information.

Website security
Gites takes appropriate technical and organisational measures for the security of the website. The security will meet a level that, given the state of current technique, the sensitivity of the data and the costs associated with the implementation of the security is not unreasonable.

The user of the website will ensure adequate security of his computer and keep account access codes assigned to him confidential and not disclose to others.

Liability

Gites is not liable for damages resulting from the use of the website, including the use of data on the website, nor for the liabilities or disputes arising out of or related to the agreement(s) between a guest and a host or (a) other agreement(s) entered into by the user.

If an agreement has been established between the user and Gites, then the amount of the liability of Gites, whatever the basis of the claim, is limited to the direct damages up to an amount equal to the amount of that agreement between the user and Gites for the duration of one year.

In all cases, the liability of Gites is limited to direct damages up to a maximum of € 1,000.00 (one thousand EUROS). Gites is not liable for indirect damages.

Applicable law
The use of the website and all legal relationships and agreements between the user and Gites is under Dutch law.

Disputes

Should a dispute arise between the user and Gites then Gites will try to resolve the dispute with the user. Gites requests you to submit a complaint directly through the help desk so that Gites can act upon this immediately and if possible reduce the adverse effects as soon as possible. Gites aims for an effective solution.

The Court of Rotterdam has jurisdiction to hear all disputes arising out of legal relationships or agreements between the user and Gites, except if the law in a specific case precludes the dispute to a court other than the court of the domicile of the user.

Specific terms Gites B.V.

CONDITIONS FOR ADVERTISING

This part of the Terms and Conditions applies, in addition to other relevant parts of the Terms and Conditions, to advertising accommodation(s) on the website. This part of the General Conditions also applies to the advertising of real estate for sale.

Nature and Scope of the Agreement

The placement of accommodation(s) on the website can only be done after entering an advertising agreement with Gites.

What are the responsibilities of the advertiser?

The advertiser has his own responsibilities in the placement of accommodation(s). The advertiser:

• is responsible for the accuracy and completeness of data such as price, availability and features of the property(s);
• guarantees that no rights of third parties oppose the provision of the accommodation(s) and using the data;
• accepts that Gites is not responsible or liable for, and shall have the right to remove the ad if a third party claims his rights are breached.( "Notice and Takedown”);

Website

The advertiser will make available all information necessary for the placement of the property(s) on the website through an advertisement in accordance with the website's format. Gites has the right to use the data made available for general marketing and advertising purposes.
Changes will be implemented immediately by the advertiser in the ad. The advertiser will not put in unnecessary, unwanted, inaccurate or incomplete data.
Gites is continuously improving the functionality of the site. Changes can be made to the website. The advertiser will provide reasonable assistance to contribute to that.

Guideline

Gites has a guideline containing explanations, tips and rules for the use of the website, advertising and using the booking module on the site. The guideline forms part of the agreement with the advertiser and is updated regularly. The latest version of the guideline between the advertiser and Gites is applicable from the moment of notification to the advertiser. The guideline can be found via the link.
https://gites.zendesk.com/hc/en-gb/articles/211152823

Duration advertising contract

The advertising contract is concluded for a period of one year and then automatically continues. To terminate the ad must be done by the latest on the last day before renewal by written notice (including e-mail to the help desk). Upon termination no refund will be made for what has already been paid.

Price and payment

Insofar as agreed in the advertising agreement, the advertiser is obliged to pay an annual fee for the advertisement. An ad refers to only one rental or sale object. The price is always paid in advance and for a period of one year. 

If payment is not received after a reminder, statutory interest from the date payment was due and extrajudicial collection costs will be added to the outstanding amount. These extrajudicial collection costs amount to 33% of the amount due with a minimum of € 40.00.

In the absence of timely receipt of amounts due an advertisement will be removed from the site which does not change any obligations of the advertiser, including the obligation to pay all amounts owed.

Complaints

Gites takes complaints from users of the site seriously and demands the same from the other users. Gites is authorized to investigate complaints from users and, if necessary, to take steps, including the removal of an advertisement, this does not not affect other rights Gites has.

Termination

Gites has at any time the right to terminate the agreement between the advertiser and Gites by termination with a notice period of five working days, without prejudice to any other rights with regard to termination of the agreement.

Specific terms Gites Betalingen B.V.

I Specific conditions for hire by means of the booking module
II Specific conditions for rentals using the booking module
III Cancellation conditions

I Specific conditions for hire by means of the booking module

This part of the Terms and Conditions applies, in addition to other relevant parts of the Terms and Conditions, when the guest makes a booking of accommodation(s) via the booking module of the website.

Nature and scope of the agreement between the guest and Gites

Gites Betalingen acts as an intermediary in order to facilitate the guest at the conclusion of an agreement with a host of choice of the guest. Gites Betalingen is not a party in the agreement between the guest and the host and is not responsible for the closure or the content of that agreement.

The terms of the agreement between the guest and the host are determined by what the guest and the host agree to.

What are the responsibilities of the guest?

The guest has a responsibility when making a booking. The guest:

• could always bring complaints which have been reported to the host, to the awareness of Gites and Gites will then do its best to help guest and host to resolve the problems in all reasonableness with each other;
• will conduct adequate research into the accuracy and completeness of statements of property and other circumstances which may be assumed to be of interest to the agreement;
• is responsible for all people who use the booking and will inform them with all relevant information and conditions, including these Terms and Conditions, in advance;
• guarantees that the data, including account information and payment details are correct and complete. If anything changes, changed data will be transmitted promptly;

Booking

An agreement between the guest and the host for accommodation(s) is created by making a booking. Booking an accommodation(s) is according to the law, a definitive and irrevocable agreement and cannot be cancelled (as is the case with for example tickets). The agreement between the guest and the host under that legislation does not allow the possibility of termination of the contract (herroepingsrecht) referred to in Articles 6:230 g till 6:230 of the Dutch Civil Code and pursuant to the articles 46a till 46j of the Dutch Civil Code.

The booking must be made in the name of the guest. It is not allowed to sell or transfer the rights or obligations under the contract to others.

If the guest after booking or an attempt thereto has not received the booking confirmation, the guest must report this immediately to the help desk.

Modification of a reservation is not possible in principle. If the guest still wants a change, he should contact the help desk and inquire about the possibilities. If Gites might offer the possibility of changing the booking, this could bring additional costs. A change can only take place if the guest agrees to the charges made known in advance to him thereof.

Price, billing and payment

The booking leads to liability for the rental fee, booking charges and other possible costs. Costs associated with payment shall in all cases be borne by the tenant.    
With the first instalment payment, an advance tourist tax will be charged. This amount may be adjusted to the current rate on the last instalment payment.
If additional insurance is taken out, premium(s) and costs are payable.
The amount due must be received no later than the times mentioned below.

Number of days before arrival date Due

• Immediately upon booking 30 % of the rental sum (for bookings made more than 8 months in advance, this is split into 10% at booking and 20% 240 days before arrival day)
• No later than 70 days before arrival date Another 30% of the rental sum
• No later than 40 days before the day of arrival Remainder 40% of the rent
• Total 100%

If a booking is made less than 70 days before the arrival date, the down payment and follow-up amounts will be added together in accordance with the deadline of the previous statement.

If amounts due are not received on time, statutory interest will be payable on the outstanding amounts from the due date and extrajudicial collection costs will be charged after a reminder.

In the absence of timely receipt of amounts due, a booking shall automatically lapse, without prejudice to all obligations of the lessee, including the obligation to pay all that is due.

Guarantee of Gites Payments in case of unavailability of accommodation(s) on arrival day

Gites Betalingen offers a guarantee that only applies if and insofar as a booking has been made via the booking module of the website and amounts due have been received. If it appears that an accommodation(s) is not available on the guest's arrival, Gites Betalingen will refund to the guest the full rental fee. In addition, the guest is entitled to:

• a compensation in the amount of 10% of the rental sum, with a minimum of € 100.00 per booking;
• assistance in finding alternative accommodation(s)

The guest must notify Gites Betalingen immediately on the arrival day of any relevant circumstances to enable Gites Betalingen to assess a claim under this guarantee scheme.

II Specific conditions for rentals using the booking module

This section of the General Terms and Conditions applies, in addition to other applicable sections of the General Terms and Conditions, when agreeing as a lessor to a booking of accommodation(s) through the website's booking module.

Nature and scope of agreement

A mediation agreement arises between the landlord and Gites Betalingen when the host agrees a booking with a guest through the website's booking module.
Gites Payments is not a party to that agreement between the guest and the host and is not responsible for the conclusion or content of that agreement.

The terms of the agreement between the guest and the host are determined by what the guest and the host agree with each other.

What are the host's responsibilities?

The host has its own responsibilities when concluding a booking. The host:

• will diligently and correctly handle booking requests and enquiries from guests;
• will in no way become a party to or cooperate with the conclusion of an agreement with a guest for a booking or receiving payments or making payment arrangements outside the booking module other than for additional services. If this obligation is breached, the host shall immediately owe to Gites Betalingen the administration fee in the amount of €250 (two hundred and fifty euros) and in addition any other damages incurred by Gites Betalingen;
• is himself responsible for the conclusion of and obligations arising from the agreement with the guest;
• is responsible for any complaints from the guest and their handling;
• is responsible for the careful handling and security of the guest's personal data;
• is responsible for the collection and payment of local taxes other than the tourist tax
• The landlord is obliged to check the tourist tax calculation and if it is incorrect, contact Gites.
• is obliged to check the tourist tax calculation and if it is incorrect, to contact Gites.
• declares on his honour that he has taken note of and complies with the requirements of the French law on tourism:
  https://www.legifrance.gouv.fr/codes/id/LEGITEXT000006074073/
  https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000042070525/

This includes: 

• that the activity of renting out has been reported to the Mairie of the municipality where the house is located. 
• that if (in some municipalities) a 13-digit code is provided, it must be entered by the host and displayed on the advertisement.
• that the host of his 'résidence principale' (main house) is aware that his house may not be let for more than 120 days in a calendar year.

Handling of booking requests

The host is obliged to respond to booking requests in a timely manner, within 48 hours.
The booking request may be extended by 48 hours at the request of the host. 

Gites will charge €30.00 excluding VAT if:

• the host allows a booking request to expire.
• the host rejects a booking request as a result of proven incorrect information in the advertisement (e.g. incorrect availability or incorrect rate listing).
• the booking is offered with significantly changed conditions so that the booking is rejected by the guest.
• the handling of the booking is not in accordance with the normal way of communicating and this leads to rejection of the booking request.

If the host wants to reject a booking with a legitimate reason, the helpdesk should be contacted by phone.

Fee

For the booking module, the host owes Gites Betalingen a fee related to the amount of the rent. This fee is deducted by Gites Betalingen from the amount that will be remitted to the host.

Remittance to the host

The rent due pursuant to the booking is received by Gites Betalingen from the hirer in accordance with these General Terms and Conditions and the terms of payment for the hirer set out therein.

The remittance to the host of the rental sum or the part thereof due to the hirer shall in principle take place as soon as possible after the day of arrival of the hirer. Gites Betalingen is never obliged to transfer to the host any amount that has not first been received and retained by Gites Betalingen from the tenant in this respect. In the event of a dispute regarding indebtedness, Gites Betalingen is entitled to offset amounts or suspend remittance.

The host cannot claim any other amounts, such as booking fees and/or mediation fees due to Gites Betalingen.

III Cancellation conditions

This section of the Terms and Conditions, in addition to other applicable sections of the Terms and Conditions, applies to both guest and host using the website's booking module.

Cancellation by the guest

In case of a cancellation of the contract the guest will be charged cancellation fees that depend on the time of cancellation. Cancellation must be made in writing by sending an email to [email protected]. The cancellation fee is equal to the booking fee plus a percentage of the rental fee:

• Until the 240th day before arrival date 10% of the rental fee
• From 240th day till the 90th day before arrival date 30% of the rental fee
• From 90th day till the 28th day before arrival date 60% of the rental fee
• From the 28th day till the 7th day before arrival date 90% of the rental fee
• From the 7th day before arrival date or later 100% of the rental fee

Without cancellation the guest always owes the full rental fee and additional costs. The guest is not entitled to terminate the agreement with the host other than as provided in this cancellation scheme.

Upon timely cancellation crediting will take place of what has been billed, simultaneous billing of cancellation will be done. Gites is entitled to offset funds in any amounts already received.

Gites Payments pays out of the cancellation fee owed by the guest, less the booking fee and the applicable commission, to the host.

Cancellation by the host

Cancellation by the host is only allowed in case of demonstrable and unforeseeable force majeure.

• The host, as contracting party, is obliged to inform the guest of the cancellation and the circumstances of the force majeure.
• In the case of a cancellation by the host, the host shall owe the guest, in addition to the commission due, booking fees and administration costs (EUR 150 ex. VAT per booking). The host will pay the amounts due directly to Gites Payments.
• Upon cancellation by the host, Gites Betalingen will refund amounts already paid by the guest that have become undue as a result of the host's cancellation.
• If the host cancels the agreement between the guest and the host from the 28th day before the arrival day, the guest will be entitled to the following:

Compensation to the amount of 10% of the rent, with a minimum of € 100.00 per booking and assistance in finding alternative accommodation(s)

If there is no demonstrable force majeure, the following applies in addition to the above:

• If the host cancels, he may be liable to pay damages to the guest under French law. See the explanation in the knowledge base.

Last edit date: January 24 2024