General Terms and Conditions BnBBonaire B.V.
Article 1. Definitions
In these general terms and conditions as well as all offers, agreements or the conclusion of agreements to which these general terms and conditions apply, the following definitions apply:
1.1. BnBBonaire B.V .: all branches of the private limited company BnBBonaire B.V. as well as all to BnBBonaire B.V. affiliated companies and companies, subsidiaries and companies, whatever their name.
1.2.Services: in the broadest sense of the word, by BnBBonaire B.V. providing accommodation and / or providing rental cars with all related activities and / or services.
1.3. Guest: the person (s) to whom BnBBonaire B.V. to provide the Services on the basis of an agreement concluded with a Customer. Where these Terms and Conditions refer to Guest, this also means the person (s) accompanying or accompanying the Guest. Unless expressly stipulated otherwise in these terms and conditions, the Guest or the Customer are understood as Guest or Customer.
1.4. Customer: that natural or legal person with BnBBonaire B.V. has entered into an agreement to perform Services. Customer is also understood to mean the intermediary who has entered into an agreement to perform Services in the name of his / her relations. A natural person who does not act in the exercise of his or her profession or business is also called Consumer in these conditions.
1.5. Hotel agreement: the contract concluded between BnBBonaire B.V. and the Customer whereby BnBBonaire B.V., on payment by the Client or Guest, performs Services for the Customer and / or Guest (s). Where these terms and conditions refer to the Hotel Agreement, this also means any other agreement to which these terms and conditions have been declared applicable. These conditions also apply to Customers who have entered into a Hotel Agreement through a broker.
1.6. Online reservation: the Reservation made with the help of the reservation form to conclude a Hotel Agreement that is available on the website of BnBBonaire B.V. (www.BnBBonaire.com). Online reservations made via other websites (intermediaries) may have different conditions and are not covered by an online reservation as referred to in these terms and conditions.
1.7. Reservation: the written form by the Client and BnBBonaire B.V. contracted Hotel Agreement whereby between the Customer and BnBBonaire B.V. is set out at what period and under which conditions the Hotel Agreement will be effected.
Article 2. Applicability of these conditions
2.1. These general terms and conditions apply to all offers, agreements and the conclusion of agreements with BnBBonaire B.V ..
2.2. Any offers, agreements or the conclusion of agreements deviating from these general terms and conditions are only valid if expressly and in writing with BnBBonaire B.V. agreed. In that case the deviation only applies to the relevant offer, agreement or conclusion of the agreement.
2.3. Unless explicitly stated in writing to BnBBonaire B.V. made known and confirmed by BnBBonaire B.V. the Guest, Customer or any other (legal) person agrees to these General Terms and Conditions.
Article 3. Establishment of the Hotel Agreement
3.1. All offers for the establishment of a Hotel agreement of BnBBonaire are without obligation and in any case apply only in so far as the capacity of BnBBonaire B.V. is sufficient. In the case of an Online reservation, it is considered that the current offer is as up-to-date as possible.
3.2. In case the Customer has accepted an offer and the capacity of BnBBonaire B.V. turns out to be insufficient BnBBonaire B.V. the right to, within a period of 5 days before the first night or later if reasonable wise not from BnBBonaire B.V. It can be expected, yet to invoke the provision as described above under Article 3.1 and can amend or cancel the Hotel Agreement. However, the solution will first be sought in accordance with the relevant provisions in Article 4.4.
3.3.A Booking is only definitive after the Reservation has been made in writing by the Customer or by BnBBonaire B.V. is attached.
3.4. A Hotel agreement by means of an Online reservation is established at the moment that the Customer accepts the offer by submitting the reservation form. BnBBonaire B.V. will confirm the receipt of this submission by email. Without confirmation, the Customer can always terminate the Hotel Agreement. This is contrary to article 3.3.
3.5. Any Hotel Agreement entered into by a Customer shall be deemed to have been concluded also at the expense and risk of this Customer. Every payment by a Guest will free the Customer to the same extent.
3.6. Unless expressly agreed in writing, BnBBonaire B.V. to a Customer no commission, commission, however called, due.
3.7. Without prejudice to what is otherwise stipulated in these terms and conditions, BnBBonaire B.V. may, in the event of a Group, grant an option right to a Client (the option holder). Such an option right can only be provided in writing. If by another Customer to BnBBonaire B.V. If an offer is made for a Hotel Agreement, BnBBonaire B.V. to inform the option holder about this. The option right expires if the option holder to BnBBonaire B.V. not within BnBBonaire B.V. period indicated that it wishes to use the option right. 3.8. Notwithstanding the provisions of this article, BnBBonaire B.V. entitled to have an (Online) Reservation canceled if a Guest has not reported on the first reserved day at 12.00. This does not affect the payment obligation. This provision does not apply if the Customer issues a payment guarantee for the reserved period. 3.9. In the event of a change of the arrival and / or departure date, the original, definitive Reservation will lapse and a new final Reservation will be established in mutual consultation. 3.10. BnBBonaire B.V. compiles the information on the website with the greatest care, nevertheless data and / or technical malfunctions or other circumstances may cause inaccuracies in the data and / or the data are incomplete. All established Online reservations are subject to apparent changes and / or errors. If changes and / or errors as referred to in this paragraph lead to a change in the price, the Customer is entitled to free cancellation.
Article 4. Obligations of BnBBonaire B.V.
4.1. BnBBonaire B.V. shall provide the Guest with the agreed accommodation during the agreed period and / or provide the agreed Services in accordance with the provisions of BnBBonaire B.V. applicable quality standards. 4.2. The provision as above under article 4.1. is not applicable: a. in the event of force majeure as described in these conditions in the article on Force Majeure (article 9); b. if the Guest does not appear or shows more than 2 hours late; c. if the Customer does not pay the guarantee, prepayments or interim payment referred to in Article 7 or does not pay them on time; d. if the Customer does not or does not fully comply with the obligations that the Customer, for whatever reason, towards BnBBonaire B.V. has. 4.3. Unless otherwise agreed in writing, BnBBonaire B.V. make the accommodation available to the Guest from 2 pm on the day of arrival to 12 noon on the day of departure. 4.4. BnBBonaire B.V. is entitled to offer the Guest other hotel accommodation than would be made available in accordance with the Hotel Agreement. In case this is difficult for the Guest, the Guest or Customer has the right to terminate the Hotel Agreement with immediate effect. In case the hotel accommodation offered by the Customer or Guest is cheaper than the original accommodation, BnBBonaire B.V. to make the amount of the savings available to the Guest or Customer. BnBBonaire B.V. shall under no circumstances be liable for any further compensation.
Article 5. Group reservations
5.1. From 3 rooms a Reservation falls under the group reservations. The provisions regarding the group reservations apply without prejudice to the stipulations in these conditions. In case of conflict between provisions, it prefers in this article.
5.2. A Customer can make an optional Reservation for a group reservation. An optional Reservation has only been made after it has been confirmed in writing. An optional Reservation can be held up to a maximum of 3 months before the arrival date. Unless expressly agreed in writing an optional Reservation will then automatically lapse. In case of events, the option can be held up to 5 months before the arrival date.
5.3. A final Reservation has only been made after it has been issued by BnBBonaire B.V. has been confirmed in writing and this confirmation from the Customer, signed, return has been received. In the event of a change of the arrival and / or departure date, the original final Reservation will lapse and a new final Reservation will be established in mutual consultation.
5.4. Propagation of the originally definitively reserved number of rooms can only be done in consultation with BnBBonaire B.V .. In no way is BnBBonaire B.V. responsible for propagation, without consultation, of the originally definitively reserved number of rooms.
5.5. No costs will be charged for a complete cancellation of a definite reservation up to 3 months before arrival. In the event of complete cancellation of a definitive reservation from 3 months to 3 weeks before the arrival date, the client is obliged to reimburse 50% on the basis of accommodation to BnBBonaire B.V. Complete cancellation of a definitive reservation less than 1 month before the arrival date, the client is obliged to reimburse BnBBonaire BV on the basis of accommodation and possibly reserved group dinners. the arrival date BnBBonaire BV is in possession of the Guest’s list of names.
5.6. If the amount of the group reservation exceeds $ 2,000, we require a deposit of 50% of the total amount. No later than 3 months before the arrival date, 50% of the reservation value must be credited to the bank account number of BnBBonaire B.V.
5.7. In the event of a change of the arrival and / or departure date of a completely definite reservation, the original dates will expire and, in mutual consultation, the new final reservation will be moved to the desired dates on the basis of availability. If availability does not allow, you automatically cancel the cancellation policy (article 5.7)
5.8. If the Customer defaults on the previous articles, then BnBBonaire B.V. the final reservation canceled. This cancellation will be regarded as a cancellation of a definitive reservation by the Customer (article 5.7). The Client remains bound to the cancellation fee to BnBBonaire B.V. comply.
Article 6. Cancellation
6.1. The provisions of this article apply without prejudice to the provisions in these conditions. The provisions of this article do not affect the liability of the Customer and / or third parties on the basis of the common law.
6.2. A Hotel Agreement is irrevocable and can not be canceled.
6.3. Specifically for Online reservations, there is no right of dissolution for Consumers, in accordance with article 6: 230p Dutch Civil Code.
6.4. If on the website of BnBBonaire B.V. a specific rule for cancellation applies and / or is mentioned, then this is regarded as a fixed part of the offer and that goes for the provisions of this article concerning irrevocability. Customer then has the possibility to cancel such as on the website of BnBBonaire B.V. is mentioned. If Customer has already checked in online, canceling is never possible, unless otherwise specified.
6.5. Cancellation must be made in writing, including online via the appropriate tool / form (www.bnbbonaire.com), by e-mail, and dated.
6.6. Subject to the specific group reservations (article 5), unless otherwise agreed in writing, a Reservation can be canceled free of charge up to 1 month before arrival.
Article 7. Prices and payment
7.1. The prices may vary per accommodation type, day, time of reservation, payment conditions and cancellation policy.
7.2. The Customer is the amounts stated in the Hotel Agreement to BnBBonaire B.V. due. BnBBonaire B.V. may charge the Customer and / or Guest additional fees for the use of parking facilities, air conditioning, water for special Services. Costs are clearly communicated.
7.3. All invoices will be paid by the Customer and / or Guest in cash or via Meastro on the day of arrival. Prepayment by bank must be paid 1 month before arrival. Invoices for no show or cancellation must be paid 7 days after the invoice date. The location of the payment is designated by the relevant branch of BnBBonaire B.V. to which the invoice relates.
7.4. The Customer is deemed to also conclude the Hotel Agreement or any other agreement on behalf of each Guest. By appearing, the Guest indicates that the Customer was authorized to represent him in this matter.
7.5. Payment is made in US dollars. If BnBBonaire B.V. accept payment in foreign currency, the prevailing market rate applies at that time. BnBBonaire B.V. is entitled, in case of payment in foreign currency, to charge a maximum of 10% of the amount in foreign currency as administration costs. 7.6. BnBBonaire B.V. has the right to refuse checks, giro payment cards and other similar means of payment, or other means of payment than mentioned above, or to attach certain conditions to the acceptance thereof. Furthermore, BnBBonaire B.V. which payment methods are offered. In the event of an Online reservation, the payment options will be communicated in good time before the conclusion of the agreement. BnBBonaire B.V. is entitled to demand (part of) prepayment. This applies to all types of reservations and this amount is finally settled with the final amount to be paid. In the event of a cancellation, the amount already paid will be refunded as soon as possible and no later than 7 days.
7.7. If Guest / Customer uses Services BnBBonaire B.V. during his stay, BnBBonaire B.V. entitled to claim payment for the purchased Services.
7.8. If the Guest / Customer does not fulfill his payment obligation (s) in time, this will be, after he has been issued by the BnBBonaire B.V. is pointed out the late payment and BnBBonaire B.V. the Customer has granted a period of 7 days to still fulfill his payment obligations, after the payment has not been made within this 7-day period, the legal interest is due on the amount owed and BnBBonaire B.V. entitled to charge the extrajudicial collection costs he has incurred. These collection costs amount to a maximum of: 15% over outstanding amounts up to $ 2,500, =; 10% over the next $ 2,500, = and 5% over the next $ 5,000, = with a minimum of $ 40, =. BnBBonaire B.V. may deviate from the aforementioned amounts and percentages for the benefit of the Client.
Article 8. Liability
8.1. This article only applies if the Client is a (legal) person who acts in the exercise of his profession or business. If there is a consumer-customer, the liability of BnBBonaire B.V. limited insofar as this is legally possible.
8.2. Unless there is intent or gross negligence on the part of BnBBonaire B.V., BnBBonaire accepts B.V. no liability in any form whatsoever.
8.3. Unless there is intent or gross negligence on the part of BnBBonaire B.V., BnBBonaire accepts B.V. no liability for damage to or with vehicles from the Guest.
8.4. Unless there is intent or gross negligence on the part of BnBBonaire B.V., BnBBonaire accepts B.V. no liability for damage directly or indirectly caused to whom or whatever as a direct or indirect consequence of any defect or whatever to, in or on any moveable or immovable property of which BnBBonaire B.V. owner, (landed) tenant or tenant is on the other hand at the disposal of BnBBonaire B.V.
8.5. A liability of BnBBonaire B.V. shall never go beyond the value of the Hotel Agreement or the compensation for damage as covered by the insurance company of BnBBonaire B.V. or the damage as compensated by any other third party to BnBBonaire B.V.
8.6. BnBBonaire B.V. shall be fully indemnified by the Customer in respect of every claim, or whatever name, which a Guest and / or any third party against BnBBonaire B.V. asserting or being entitled to make the relevant claims, in the broadest sense of the word, of the Hotel Agreement concluded with the Customer or any other agreement. This obligation to indemnify also applies to the Hotel Agreement also if it has been dissolved in whole or in part for whatever reason.
Article 9. Force majeure
9.1. Force majeure includes: sickness among employees who make the business operations reasonably impossible, war, danger of war, riots, strike or occupation, water and storm damage, molestation, terrorism, fire, flood, government measures.
9.2. In case of force majeure, BnBBonaire B.V. either cancel or suspend the agreement. In that case there is no obligation on the part of BnBBonaire B.V. to compensation for any damage.
9.3. The foregoing provisions also apply when the force majeure occurs with persons and / or services and / or institutions of which BnBBonaire B.V. use when executing the Hotel Agreement or any other agreement. This also includes what occurs in the abovementioned persons and / or services and / or institutions as a suspensive or resolutive condition or the default of the aforementioned persons and / or services and / or institutions. BnBBonaire B.V. is not obliged to demonstrate its influence on its business.
9.4. Article 9 only applies if the Customer is a (legal) person who acts in the exercise of his profession or business. If there is a consumer-customer, there is only a case of force majeure to the extent that this is legally possible.
Article 10. Applicable law and disputes
10.1. Dutch law applies to all agreements, however named.
10.2. Except as provided below and unless imperative legal provisions oppose this (such as consumer disputes), all disputes that may arise from an agreement to which these conditions apply in whole or in part apply, will be settled by the court in Bonaire, unless BnBBonaire B.V. prefer the court of the domicile of the Customer and / or Guest.
10.3. In the event of a dispute that, according to the rules of Dutch procedural law, belongs to the court’s absolute jurisdiction, sector of the canton, this dispute will only be settled by the competent court, sector canton. 10.4. Any invalidity of one or more provisions in the conditions does not affect the validity of the other provisions. If a provision, for whatever reason, turns out to be invalid, then BnBBonaire B.V. and the Customer and / or Guest are deemed to have agreed a valid provision that approximates the invalid provision as far as possible in scope and scope.