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General Terms and Conditions
Version March 2021
GENERAL TERMS AND CONDITIONS RENTAL OF RECREATIONAL PROPERTIES
HOFPARKEN
RECREATION PARK WILTERSHAAR OR DE BERGVENNEN
DEFINITIONS
In the Agreement for the rental of a Recreational Property, the terms below are defined as follows, whereby the use of the singular also includes the plural and vice versa:
a. General Terms and Conditions: the present conditions that apply to all Agreements concluded for the rental of a Recreational Property of Hofparken between the Lessor and the Renter.
b. Booking: a reservation of the Recreational Property accepted by Hofparken.
c. Additional Costs: costs payable by the Renter in addition to the Rental Price, such as reservation costs, cleaning costs, preference surcharge, local taxes, costs for bed linen and towels, et cetera.
d. Owner: the natural person or legal entity who is the rightful owner of one or more Recreational Properties, who has instructed Hofparken and its legal successors by Agreement to offer for rent or to rent out the Recreational Property for recreational purposes.
e. User: the persons staying in the Recreational Property together with the Renter.
f. Renter: a natural person or legal entity with whom Hofparken, for the account and risk of the Owner, concludes a Rental Agreement regarding the temporary rental/temporary use of a Recreational Property exclusively for recreational purposes.
g. Hofparken or Lessor: the private limited liability company Hofparken B.V. or its legal successor(s).
h. Rental Agreement or Agreement: the Rental Agreement concluded between Hofparken and the Renter/User based on these Terms and Conditions regarding a Recreational Property, which pertains to a Stay of exclusively short duration within the meaning of Article 7:232 paragraph 2 of the Dutch Civil Code against payment of the Rental Price exclusively for recreational purposes.
i. Rental Price: the rental price for the Recreational Property excluding Additional Costs and costs for any supplementary services.
j. Park Regulations: the regulations drawn up in connection with the nature and standing of the Recreational Properties and the Recreation Park, laying down rights and obligations regarding the use of the Recreation Park as a whole and the facilities and Recreational Properties located therein.
k. Recreational Property: a holiday home located in the Recreation Park which is owned by the Owner and which is made available to Hofparken for rental to the User/Renter.
l. Recreation Park and/or Park:
Recreation Park Wiltershaar, Vosseveldseweg 8, 7107 AD Kotten;
And/or Recreation Park De Bergvennen, Bergvennenweg 35, 7635 NJ Lattrop-Breklenkamp
m. Stay: the actual use of the Recreational Property.
n. Security Deposit: the amount charged to the Renter prior to the Stay as an advance payment for any damage/extra cleaning work caused during the Stay by (the actions of) the Renter/User. Any outstanding claims of the Lessor against the Renter will also be settled with the Security Deposit.
Article 1 Applicability
1.1 These General Terms and Conditions apply to all offers, reservations, and Agreements relating to all accommodations and other facilities rented out by the private limited liability company Hofparken B.V. and its legal successors, hereinafter referred to in the singular as 'Lessor' as user of these General Terms and Conditions. If there is a conflict between the General Terms and Conditions and the Park Regulations declared applicable in these General Terms and Conditions, the provisions in the Park Regulations shall prevail.
1.2 Exclusively these General Terms and Conditions apply to the Agreement. Any reliance on conflicting (general) terms and conditions is excluded.
Article 2. Reservations
2.1 The Lessor only processes reservations from persons who are 18 years of age or older. Reservations by persons younger than that age are not legally valid.
2.2 The Lessor reserves the right to refuse deviating reservations, particularly groups and Stays that do not have a recreational character, without stating reasons, or to impose special conditions thereon.
2.3 If the Lessor processes a reservation, the Lessor will send the Renter a (written) order confirmation within 14 days, to which an invoice is also attached. The Renter must check the order confirmation and the invoice for accuracy immediately upon receipt. Any inaccuracies must be reported to the Lessor immediately, but in any case within eight (8) days.
2.4 If the Renter has not received a written order confirmation including an invoice within 14 days of making the reservation, the Renter must immediately contact the Lessor's reservation department, failing which no claim can be made on the reservation.
2.5 An Agreement is concluded between the Renter and the Lessor at the moment the Lessor has sent the order confirmation confirming the Booking.
2.6 The Agreement concerns the rental of a Recreational Property for recreational use, which by its nature is of short duration within the meaning of Article 7:232 paragraph 2 of the Dutch Civil Code. The application of Section 5, Title 4 of Book 7 of the Dutch Civil Code is therefore excluded.
Article 3. Changes to the Agreement
3.1 If the Renter wishes to make changes to the Agreement after its conclusion, the Lessor is not obliged to accept them. It is at the Lessor's discretion to determine whether, and to what extent, these changes are accepted by it. In the event the Lessor accepts the changes desired by the Renter, the Lessor is entitled to charge modification costs.
Article 4. Substitution
4.1 The Renter, as well as the Users of the Recreational Property, are not permitted to transfer the use or (sub)let the Recreational Property under any title or on any grounds whatsoever to persons other than those named in the Agreement, unless otherwise agreed in writing with the Lessor.
4.2 If the Renter and the Lessor have agreed that the Renter and/or one or more Users will be replaced, both the original Renter and/or Users, as well as the Renter and/or other Users who replace the original ones, are and remain jointly and severally liable towards the Lessor for the full performance of the Agreement and these General Terms and Conditions, including the payment of the due portion of the Rental Price, the Additional Costs, the modification costs pursuant to Article 3.1, and any extra costs resulting from the substitution and any cancellation costs.
Article 5. Prices
5.1 The Renter owes the Lessor the agreed Rental Price, as well as the Additional Costs, as stated in the written confirmation and invoice of the reservation. If the Lessor's costs (personnel, energy, taxes, etc.) have demonstrably and unforeseenly increased after the conclusion of the Agreement, the Lessor has the right to increase the Rental Price and charge the price increase to the Renter. If this price increase is implemented within three (3) months after the Agreement was concluded, the price increase will amount to a maximum of five (5) % of the previously agreed price, and the Renter has the right to dissolve (cancel) the Agreement.
5.2 Discounts, promotional conditions, or special offers can no longer be used after the order confirmation has been sent by the Lessor to the Renter.
5.3 Application of a combination of discounts, promotional conditions, or special offers is excluded.
5.4 Where applicable, all prices used by the Lessor include VAT.
Article 6. Payments
6.1 For all reservations, 25% of the Rental Price (including Additional Costs) must be credited to the Lessor's specified bank account number within 14 days of receipt of the order confirmation. The remaining 75% must be credited to the Lessor's specified bank account number no later than one month before arrival. For reservations made within one month before arrival, the entire Rental Price (including Additional Costs) must be paid within seven (7) days of receipt of the order confirmation, but no later than before the start of the Stay.
6.2 In the event of late payment of the amounts invoiced to the Renter, the Renter is in default by operation of law, immediately and without further notice of default, after the expiry of the payment term. In that case, the Lessor reserves the right to dissolve (cancel) the Agreement with effect from the day the payment term has been exceeded by seven (7) days. The Renter is then liable for all damages that the Lessor suffers or will suffer as a result, including the Rental Price (including Additional Costs) and all other costs that the Lessor had to incur in connection with the reservation and the dissolution. The Renter is also liable for extrajudicial collection costs and statutory interest on the damages suffered by the Lessor until these are fully paid by the Renter. In addition to the foregoing, the Lessor also has the right to charge cancellation costs mentioned in Article 11 of the General Terms and Conditions.
6.3 The Lessor always has the right to set off claims against the Renter, on whatever grounds, against all amounts paid by the Renter.
Article 7. Arrival and Departure
7.1 Unless otherwise agreed, the Recreational Property can be occupied from 3:00 PM on the agreed day of arrival as stated on the reservation confirmation, and the Recreational Property must be vacated before 11:00 AM on the agreed day of departure as stated on the reservation confirmation.
7.2 If the Parties extend the original duration of the Agreement, the Lessor is always entitled to designate a different Recreational Property.
7.3 If the use of the Recreational Property and/or other facility is terminated earlier than the agreed date, the Renter is not entitled to a refund of the Rental Price or Additional Costs.
Article 8. Pets
8.1 A maximum of two (2) pets are allowed upon payment of a fee by the Renter. If the Renter and/or other Users wish to bring pet(s), the Renter must state this upon reservation. The Lessor reserves the right to refuse pets in the park without stating reasons. Pets are in any case not allowed in certain types of Recreational Properties and in certain parts of the Recreation Park.
8.2 Pets do not have access to water features, swimming pools, restaurants, covered central facilities, and other public areas in the Recreation Park. Pets must be kept on a leash outside the Recreational Property. Instructions on site must be followed. Pets must not cause nuisance to other guests.
8.3 A dog bed must be brought along, and a flea collar for dogs/cats is mandatory.
8.4 Pets of visitors are allowed upon payment, provided the maximum mentioned in Article 8.1 is not exceeded.
8.5 For the transport of animals to countries within the EU, they must possess a passport according to the European model (from July 3, 2004). The animals must be vaccinated against rabies, and identification by means of a chip or tattoo is mandatory. The Renter is solely responsible for having the correct travel documents required for the destination.
Article 9. Purpose and Use of Recreational Property
9.1 The Recreational Property is intended exclusively for use for recreational purposes. Any other use without the written permission of the Lessor qualifies as a breach, entitling the Lessor to dissolve the Agreement as stipulated in Article 9.5.
9.2 The Renter and/or the Users are jointly and severally liable for the full performance of the Agreement and for orderly conduct in and around the Recreation Park and the Recreational Property.
9.3 Public intoxication and drug use are not permitted. If the Renter and/or Users engage in such behaviour, the consequences set out in Article 9.5 will apply.
9.4 In addition, the Renter and/or the Users are jointly and severally liable for all damage caused in, on, or to the Recreation Park and the Recreational Property, and for breakage and/or loss and/or damage to inventory. Any damage must be reported immediately by the Renter and/or Users to the Lessor and compensated immediately on site.
9.5 If the Renter and/or Users and/or third parties present on behalf of the Renter or Users cause nuisance of any kind, or are guilty of misconduct, the Lessor may terminate the Agreement with immediate effect. Nuisance or misconduct is in any case present if other Renters and/or guests of the Recreation Park or employees of the Recreation Park qualify it as such. When the Agreement is terminated due to nuisance or misconduct, the Renter and/or Users must leave the Recreation Park immediately, and the Renter is not entitled to a refund of the Rental Price.
9.6 The Lessor is permitted to enter the Recreational Property without prior permission from the Renter or User in all cases where this is necessary in connection with the service to be provided by the Lessor and the maintenance of order and safety in the Recreation Park. Entry may then also take place in the absence of the Renter or User.
9.7 Charging electric cars is only permitted at the designated locations. It is expressly forbidden to charge such vehicles using the power supply of the Recreational Property.
Article 10. Security Deposit
10.1 The Renter must pay a Security Deposit to the Lessor upon arrival at the Recreation Park and at the start of the Stay.
10.2 The Security Deposit serves as security for damage and/or costs in the broadest sense of the word that the Lessor may suffer in the event of non-compliance with the obligations of the Renter and the Users.
10.3 In the event the Security Deposit is not paid by the Renter at the start of the Stay, the Lessor is entitled to deny the Renter and/or other Users access to and use of the Recreational Property and Recreation Park.
10.4 If the Renter defaults on payment of the Security Deposit, the Lessor is entitled to dissolve (cancel) the Agreement with immediate effect.
10.5 The Security Deposit or any remainder thereof will be refunded to the Renter after the end of the Stay and correct delivery of the Recreational Property. The Lessor is entitled to set off all outstanding claims of the Lessor against the Renter and/or Users, including any damage caused by the Renter and/or Users to (the inventory of) the Recreational Property.
Article 11. Cancellation Costs
11.1 In case of cancellation, the Renter owes compensation to the Lessor. This amounts to:
- for cancellation more than three (3) months before the start date: 15% of the Rental Price (including Additional Costs);
- for cancellation within three (3) to two (2) months before the start date: 50% of the Rental Price (including Additional Costs);
- for cancellation within two (2) to one (1) month before the start date: 75% of the Rental Price (including Additional Costs);
- for cancellation within one (1) month before the start date: 90% of the Rental Price (including Additional Costs);
- for cancellation within 14 days before the start date: 100% of the Rental Price (including Additional Costs).
Article 12. Force Majeure and Changes
12.1 In the event the Lessor is unable, or temporarily unable, to perform the Agreement in whole or in part due to force majeure, it will submit a modification proposal to the Renter within 14 days after becoming aware of the impossibility of performing the Agreement, for example for a different accommodation, a different period, different location, etc.
12.2 Force majeure on the part of the Lessor exists if the performance of the Agreement is wholly or partially, whether temporarily or not, prevented by circumstances beyond the Lessor's will and control, including but not limited to, threat of war, staff strikes, blockades, fire, floods, and other disruptions or events.
12.3 The Renter is entitled to reject the modification proposal. If the Renter rejects the modification proposal, the Renter must make this known (depending on the start date of the Stay, at the latest) within 14 days of receiving the modification proposal. In that case, the Lessor has the right to terminate the Agreement with immediate effect. The Renter is then entitled to waiver and/or refund of the already paid part of the Rental Price. In that case, the Lessor is not obliged to compensate any damage suffered or to be suffered by the Renter as a result thereof.
Article 13. Termination
13.1 The Lessor has the right at all times to terminate the Agreement with immediate effect, both if personal data of the Renter and/or other users are provided incompletely and/or incorrectly upon reservation, and in the event that the Renter and/or other User(s) behave in such a way, in the Lessor's opinion, that continuation of the Rental Agreement cannot be reasonably demanded. In such a case, the Renter is not entitled to a refund of the Rental Price.
Article 14. Liability
14.1 The liability of the Lessor towards the Renter and/or Users is limited based on the following. The Lessor is not liable for damage suffered by the Renter and/or Users due to theft in the Recreation Park or the Recreational Property, loss or damage of or to property, or persons, of whatever nature, during or as a result of a Stay at the Recreation Park, unless there is intent or gross negligence on the part of the Lessor or its employees.
14.2 Any liability of the Lessor for damage consisting of loss of travel enjoyment or business and other consequential damage is excluded under all circumstances. Nor is the Lessor liable for damage for which coverage exists for the Renter and/or Users under an insurance policy.
14.3 The Lessor is not liable for disruptions in service provision or defects in services rendered or goods delivered by third parties.
14.4 The liability of the Lessor towards the Renter and/or Users based on tort (unlawful act) is in any case limited to a maximum of € 25,000 for personal accidents per Stay, and liability for material damage is in any case limited to a maximum of € 1,500 per Stay.
14.5 The Renter is jointly and severally liable with the Users for all loss and/or damage to the Recreational Property and/or other property of the Lessor (as well as the owner of the Recreational Property if this is not the Lessor) arising during or through its use by the Renter and/or Users, travel companions, and/or third parties present in the park with the Renter's permission, regardless of whether this is the result of acts or omissions of the Renter, Users, travel companions, and/or third parties present in the park with the Renter's permission.
14.6 The Renter indemnifies the Lessor against all claims regarding damage from third parties that are (partly) the result of any act or omission of the Renter himself, Users, travel companions, or third parties present in the Recreation Park with the Renter's permission.
14.7 In case of improper use or if the Renter does not return the Recreational Property correctly to the Lessor upon departure, including but not limited to excessive dirtiness, extra costs will be charged, which the Renter is then obliged to pay immediately to the Lessor.
Article 15. Applicable Law
15.1 The Agreement between the Renter and the Lessor is exclusively governed by Dutch law.
15.2 Any disputes between the Parties shall be exclusively settled by the competent court (in the first instance) of the district within which the Recreational Property is located.
15.3 In the event of a dispute regarding the conclusion or performance of the Agreement, the Renter must bring the dispute before the competent court no later than 12 months after its occurrence, failing which the Renter's claim is inadmissible.
Article 16. Travel Documents
16.1 The Renter is solely responsible for possessing the valid travel documents required for the renter's destination. The Lessor is not liable for the consequences arising from not possessing the correct travel documents.
Article 17. Privacy
17.1 The Lessor will always treat all personal data provided to it or that becomes known to it in accordance with the provisions of the General Data Protection Regulation (GDPR). The Lessor will not make the Renter's personal data available to third parties. The Lessor will use the data to keep the Renter informed of important news concerning the Recreation Park and interesting offers.
17.2 At the Renter's request, the Lessor will correct, supplement, delete, or shield the Renter's data, for instance if the data is factually incorrect. This may result in the Renter no longer being able to use (part of) the Lessor's services. For details on this point, please see our extensive Privacy Statement.
17.3 If the Renter does not wish to receive interesting information or offers, the Renter must inform the Lessor of this in writing or use the contact form. Unsubscribing from the electronic newsletter can be done via the link provided at the bottom of each electronic newsletter.
Article 19. General (Note: Article 18 is missing in the original text)
19.1 With these General Terms and Conditions, all previous rental conditions expire.
PARK REGULATIONS
Together with the General Terms and Conditions applicable to the Agreement between the Lessor and the Renter, the Park Regulations form a single whole. Proper compliance with the Park Regulations ensures the safety and enjoyment of our guests. We therefore hope for your cooperation and understanding. All terms used in the Park Regulations correspond to the definitions given in the General Terms and Conditions.
Article 1. LIABILITY
- The Lessor is not liable for damage and/or personal injury to goods and/or persons staying in the Park, except for damage and/or injury intentionally caused by the Lessor.
Article 2. EFFECT OF PARK REGULATIONS
- Every Renter and/or User is obliged to impose the provisions of these Park Regulations on their family members, guests, and visitors in the Park. The Renter is responsible for compliance with the Park Regulations by these persons. All obligations imposed on a Renter in these Park Regulations apply as far as possible also to a family member, a guest, or visitor of a Renter, as well as to a User of a Recreational Property. In case of violation, access to the Park may be denied to the person concerned by the Lessor.
- The Renter and/or User is fully and irrevocably liable for all damage caused by him or her to the property of others and/or to the general facilities.
- The Renter and/or User, their family members, and their guests are expected to do and/or refrain from doing all those things befitting a good holidaymaker.
Article 3 ORDER REGULATIONS
1. General:
- Every Renter and/or User is required to respect the privacy and peace of the other owners, Renters, Users, and visitors of the Park.
- Every Renter and/or User is obliged to use the grounds and the Recreational Property in accordance with the designated purpose.
- Renters/Users are not permitted to behave in such a way that public order is disturbed, or in a manner from which it can reasonably be assumed that public order may be disturbed by this behaviour. Public intoxication, drug use (including the cultivation, growing, and/or production of narcotics), prostitution, the operation of any (legal or illegal) business activity, or trading (legal or illegal) is not permitted.
- Nudist recreation is not permitted.
- It is not permitted to offer goods (including drinks or foodstuffs) for sale in the Park, or to make propaganda for any purpose or advertise any product.
- It is not permitted to enter (the plot of) another Recreational Property (without the permission of the relevant rights holder) or the green areas of the Park.
- Swimming is permitted in the water bodies designated by the Lessor, unless local ordinances (temporarily) do not permit this, and is always at your own risk. Diving or jumping from jetties/terraces/etc. is prohibited.
- Fishing is only permitted in the pond/water body designated by the Lessor. Fish must always be returned. Fishing is not permitted if local ordinances (temporarily) do not allow it. The Renter and/or User of a Recreational Property is, however, obliged to obtain the necessary permit themselves. The Renter and/or User must strictly adhere to the associated conditions, any regulations, or other provisions, however named.
- It is not permitted to use radio, television, or other audiovisual equipment or play musical instruments outside a Recreational Property. The sound from audiovisual and/or sound equipment must not be audible outside one's own Recreational Property.
- It is not permitted to behave, play football, or play any other game between Recreational Properties in such a way that damage may occur.
- Contamination(s) and/or damage(s) committed by minor(s) will be recovered from their parent(s) and/or guardian(s).
- The Lessor cannot be held liable for theft of property belonging to the Renter and/or User of a Recreational Property and/or visitors to the park.
2. Vehicles / Vessels
- Driving cars in the Park should be kept to a minimum.
- Cars of visitors must be parked in the area designated by the Lessor, provided space is available.
- It is not permitted to park cars and other vehicles in the Park other than in the designated parking spaces. For each Recreational Property intended for individual use, a maximum of one passenger car may be parked in the designated space. If there is sufficient space for a second parking spot on the plot of the Recreational Property, parking a second passenger car is allowed upon payment of a fee.
- It is not permitted to park trailers, campers, touring caravans, etc. in the Park (whether or not on private property). Objects (such as caravans, etc.) parked or stored on the (parking) grounds without the Lessor's permission will be removed without any warning at the expense of the Renter and/or User or the person who stored or parked the object.
- Washing cars and other vehicles at or near the Recreational Property is never permitted.
- It is not permitted to perform maintenance on cars, motorcycles, and vessels in the Park (including the Recreational Property) and parking areas, such as changing oil and carrying out other repairs.
- A maximum speed limit of ten kilometres per hour applies throughout the entire site. Upon the second finding of a violation of this rule, the Lessor of the Park has the right to have the relevant vehicle removed from the Park and/or to deny access.
- It is not permitted to enter the Park with a lorry or other large vehicle.
- It is forbidden to drive motor vehicles on the unpaved roads and on the paved roads marked with prohibition signs on the site. Only if strictly necessary can the Lessor grant an exemption from this prohibition.
- Cycling on the grass is not permitted. This prohibition does not apply to those who have been granted an exemption by decision of the Lessor of the Park.
3. Exterior / Garden
- The Renter and/or User must keep the plot of the Recreational Property and the Recreation Park free of (litter) waste at all times.
- It is not permitted to affix signs, posters, and the like to the plots and/or on or visibly in the Recreational Property.
- Obstacles, including tents, must be removed before sunset. Party tents are never allowed.
- Blankets and other bedding may only be aired from sunrise until twelve noon.
- It is not permitted to express a particular political or religious affiliation by displaying flags, posters, or otherwise.
- It is not permitted to extract water from the Recreational Property / from the grounds and water bodies belonging to the Park.
- Having a barbecue is permitted, provided that no warnings and/or prohibitions are issued by competent authorities and that proper equipment is used. In addition, the necessary precautions regarding fire hazards must be taken. Also, no nuisance (smoke, odour, noise, etc.) may arise for the other persons present in the Park. Extreme caution with fire is required. The waste products (combustion residues) from barbecuing may not be deposited on or in the soil.
- Making open fires, setting off fireworks, and light shows are strictly forbidden in the Park. It is not permitted to keep (an) all-purpose burner(s), wood stove(s), open fireplace(s), oil stove(s), and the like in and around the Recreational Property. Flammable, fire-promoting, and fire-hazardous substances may not be present in or near the Recreational Property.
- The currently applicable regulations of the fire brigade and/or comparable authorities must be complied with at all times.
4. Emergencies
- In emergencies (for example, if ambulance assistance is required), the Lessor may grant permission to ignore prohibition signs.
- The Renter and/or User must ensure that all access roads to the Park and to the Recreational Properties remain free of obstacles, so that emergency services have free passage at all times.
- In any situation of suspected danger or calamity that could cause harm to persons/animals, the Recreational Property, and/or the Park, the Lessor may gain access to the Recreational Property and/or the Recreational Property.
- The Renter and/or User of a Recreational Property must behave during their Stay in the Park, both on and in the water, as well as on land, in such a way that they do not endanger themselves or third parties, nor take unnecessary risks to endanger themselves or third parties and/or cause damage to their own property and/or the property of third parties and/or the Park. The Renter and/or User is obliged to take the necessary precautions in this regard.
Article 4 RECREATIONAL PROPERTY AND GARDEN
- It is strictly forbidden to damage the planting on the plot boundaries in any way whatsoever.
- Without the written permission of the Lessor, no trees, large shrubs, large bushes, and hedges may be felled or removed. If permission is granted by the Lessor, the Renter and/or User must arrange for any necessary permit themselves.
- Spraying plants and crops with pesticides is not permitted.
- Watering the garden is permitted to a limited extent. The Lessor may set rules and give instructions regarding garden watering.
Article 5 USE OF GAS AND ELECTRICITY
- For cooking and heating purposes, only the existing gas pipeline network may be used. For fire safety and environmental reasons, burning coal, wood, oil, and the like is strictly forbidden. Open fires both inside and outside the Recreational Property are prohibited.
Article 6 PETS
A maximum of two (2) pets are allowed under condition(s) and upon payment of a fee. Cats must remain within the boundaries of the Recreational Property. Dogs may not stay in the Park without supervision, must always be leashed, and may not swim in the ponds. The excrement of pets must be cleaned up by the Renter and/or User. In case of violation of this article, the Lessor will inform the Renter and/or User in writing that the animal will no longer be allowed in the Park.
Article 7 LIMITATION OF NOISE NUISANCE
The use of a motor mower and other (motorized) noise-producing garden equipment is not permitted before ten o'clock in the morning and after eight o'clock in the evening. Said use is entirely prohibited on Sundays and public holidays. The Lessor is entitled to specify at which times a motor mower may be used. Night rest must prevail in the Park between eleven o'clock at night and seven o'clock in the morning.
Article 8 DRYING LAUNDRY
Drying laundry is not permitted from Saturday afternoon one o'clock until Monday morning eight o'clock following. Clotheslines are not allowed, but a drying rack or rotary dryer is, which must be immediately put away after use.
Article 9 HOUSEHOLD/GARDEN WASTE
The Lessor may set rules regarding the storage, collection, and disposal of household waste, paper, garden, plastic, and residual waste in the broadest sense of the word. In the absence of specific regulations, household, garden, glass, paper, plastic, and residual waste must be deposited in the designated (compactor) container.
Article 10 POLLUTION
Every Renter and/or User shall refrain from activities that cause any pollution in the Park to, among other things, soil, surface water, groundwater, groundwater bed, buildings, pond, water bodies, and/or revetments. Discharging into ponds and/or water bodies as well as polluting surface water is strictly forbidden. Caused pollution must be reported immediately to the relevant authorities. Furthermore, the Renter and/or User of a Recreational Property shall ensure that the Recreational Property remains in an environmentally hygienic condition. If nuisance, for example from pests, arises due to the act or omission of the Renter and/or User, they are liable to the Lessor for all resulting damage. If the Renter and/or User fails to comply with a written summons from the Lessor to remedy the relevant nuisance within a reasonable period, the Lessor is entitled to do whatever is reasonably necessary to end that nuisance at the expense of that negligent Renter and/or User. A violation of this article is subject to a penalty of fifty thousand euros (€50,000.00) per violation, immediately due and payable without judicial intervention and not subject to set-off. This penalty is due solely by the fact of the violation and without any notice of default being required.
Article 11 DENIAL OF USE OF GENERAL FACILITIES
- The Lessor may deny access to the Park to a Renter and/or User who:
a. fails to comply with or violates the provisions of the General Terms and Conditions, these Park Regulations, or the decisions of the Lessor;
b. is guilty of improper conduct towards the other Owners, Renters, and/or Users, the Lessor, and/or employees;
c. fails to meet their financial obligations towards the Lessor. - If one or more of the behaviours mentioned in the previous paragraph are committed again or continued after being pointed out by the Lessor, the Lessor may decide to deny the use of the Park and the general facilities (which expressly include roads, paths, and (infrastructural) facilities). The Lessor may also decide in that case to cut off gas, water, and electricity supply, television signals, and/or ICT facilities.
Article 17 EXPLOITATION (Note: Articles 12-16 are missing in this section of the original text)
The Renter and/or User is aware and will tolerate that work is carried out in the Park for the development and/or maintenance of the Park. The Lessor will endeavour to limit the nuisance as much as possible.
Article 19 LIABILITY (Note: Article 18 is missing in this section of the original text)
The Renter and/or User remains responsible at all times for fulfilling all obligations arising from the above.
Article 20 FINAL PROVISIONS
- Without prejudice to the provisions of these Park Regulations, every Renter and/or User is obliged to comply with all statutory government regulations.
- The Lessor may grant written exemption from prohibitions established in these Park Regulations for a specific period under conditions determined by him.
- The Lessor is authorised - in consultation with the relevant Renter and/or User of a Recreational Property - to deviate from these Park Regulations in individual cases. None of the other Renters/Users can derive any right from this exemption in that case.
- Failure to comply with one or more of the provisions included in the Park Regulations may result in temporary or permanent denial of access to the Park.
- Failure to comply with one or more of the provisions in the Park Regulations to which no specific penalty amount is explicitly linked may result in the imposition of a further penalty to be determined in reasonableness by the Lessor, without prejudice to the Lessor's right to claim full compensation in addition to the aforementioned penalty.
- In all cases not provided for by these Park Regulations, the Lessor shall decide.