Terms and conditions
Article 1 - DefinitionsWaterrijk Oesterdam
- Accommodation: all holiday residences intended for recreational purposes.
- Accommodation provider: the owner and/or the appointed manager of the Accommodation provided for rental purposes.
- Terms and Conditions: these terms and conditions set by Waterrijk Oesterdam, applying to Agreements made regarding the rental of accommodations offered by an Accommodation Provider.
- Booking form: the form in which the Holiday Maker enters all required details, with the intention of making a reservation for the renting of an Accommodation.
- Third parties: anyone other than Waterrijk Oesterdam and/or the (Co-)Holiday Maker.
- Facilities: all amenities at or outside of the resorts, use of which is allowed based on the agreement.
- Guests: all persons included in the definition of holiday maker and co-holiday maker, who make use of the accommodation and/or the resorts' facilities, as well as visitors of the resort.
- Waterrijk Oesterdam: the trade and brand name for the purposes of reserving Accommodations managed by third parties.
- Co-Holiday Maker: the persons registered during booking by the Holiday Maker, and/or those persons who are part of the traveling company.
- Agreement: the agreement regarding the renting of an Accommodation offered by Waterrijk Oesterdam, including the applying Terms and Conditions.
- Resort: the resort at which an Accommodation is located.
- Holiday Maker: the (legal) person making the booking, making them Waterrijk Oesterdam's counterparty.
- Travel sum: basic rental fees including any discounts, excluding any additional costs.
- In Writing: correspondence via letter, fax or email.
- Deposit: an amount chargeable before or during the stay as an advance in case of any damage caused by the guest during the stay. Any forfeited contractual fines may also be deducted from the deposit.
- Website: the website(s) used by Waterrijk Oesterdam for the purpose of offering the Accommodation.
Article 2 - Applicability of Terms and Conditions
These Terms and Conditions apply to all bookings and agreements made between the Entrepeneur and the Holiday Maker regarding the renting of the Accommodation. They include, but are not limited to, stay at and use of the villa. These conditions are an inseparable component of the agreement.
Article 3 - Establishing the Agreement
Bookings for an accommodation can be made both online and via telephone. Both methods of reservation are binding for both parties.
An agreement, under suspensory condition, is concluded between the Holiday Maker and Waterrijk Oesterdam regarding the booking of an Accommodation explicitly offered by Waterrijk Oesterdam on the Website in case the Holiday Maker accepts these Terms and Conditions set by Waterrijk Oesterdam.
Every received booking made via the Website is confirmed by Waterrijk Oesterdam via an email to the Holiday Maker, which serves to confirm that the booking has been received and accepted. This makes the booking binding for the Holiday Maker.
After receiving the booking, Waterrijk Oesterdam will check it for accuracy. If the booking is accurate, the suspensory condition, as defined at 3.1.2, is fulfilled and the Agreement is established.
If the Holiday Maker did not receive a confirmation of receipt via email, something may have gone wrong during booking and the Holiday Maker must contact Waterrijk Oesterdam. Failing to do so means no claims can be made by the Holiday Maker regarding the booking.
The Holiday Maker may also make a reservation via Waterrijk Oesterdam's Ambassador. The telephone number is provided on the Website.
A booking via telephone results in the establishment of an Agreement.
After checking and processing a booking made via the website, by email or by telephone, Waterrijk Oesterdam will provide the Holiday Maker with the confirmation invoice via email (or, upon request by the Holiday Maker, via mail). In case the confirmation invoice is not received within five days after the booking, the Holiday Maker must contact Waterrijk Oesterdam. Failing to do so means no claims can be made by the Holiday Maker regarding the booking. The Holiday Maker must check the booking confirmation for accuracy. Any inaccuracies must be reported to Waterrijk Oesterdam within 24 hours after receiving the confirmation.
Some Accommodation Providers do not accept bookings by a company consisting of adolescents. For this reason, Waterrijk Oesterdam reserves the right to refuse these bookings.
Waterrijk Oesterdam also reserves the right to refuse a booking if it is suspected that the Accommodation will be used in conflict with these Terms and Conditions.
3.2 Revocation right
Any bookings made are legally final for the Holiday Maker. A revocation right (the so-called grace period), as defined in the Civil Code, does not apply to services concerning the renting of the Accommodation.
3.3 Holiday Maker
The vacation's Holiday Maker must be at least 21 years of age at the time of booking.
The Holiday Maker is severally liable for all registered Co-Holiday Makers accompanying them.
The Holiday Maker is responsible for meeting all obligations resulting from the Agreement.
All correspondence will take place via the Holiday Maker's address.
Article 4 - Cancellation or changes to the Agreement
4.1 Cancellation by the Holiday Maker
It may happen that the vacation must be canceled due to unforeseen circumstances. In these cases, the Holiday Maker or their substitute must communicate this to Waterrijk Oesterdam either in writing or via telephone (during office hours). In most cases, cancellations or changes will result in fees.
Cancellation with a cancellation insurance. Purchasing cancellation insurance via Waterrijk Oesterdam.
- During booking, an Interpolis cancellation insurance can be purchased with Waterrijk Oesterdam. This may be done up to ten days before arrival. If you make your reservation within ten days before arrival, you can purchase the insurance until the day of arrival.
- The costs for this insurance will be noted on the confirmation invoice.
- In case the (Co-)Holiday Maker wishes to purchase a cancellation insurance, the total costs for it must be paid upon the first payment term. Failure to pay by this time means no claims can be made regarding the (purchase of) the offered cancellation insurance by the (Co-)Holiday Maker.
- If the reason for cancellation is potentially covered by the conditions of the cancellation insurance, Waterrijk Oesterdam will provide the Holiday Maker with a form. This form must be completely filled out, signed, and sent back to Waterrijk Oesterdam.
- After receiving the fully completed form, including the mandatory proof regarding the cause of cancellation, the cancellation will be processed by the insurance company, who will then evaluate and determine whether the cancellation in question is covered by the insurance conditions.
Cancellation according to general sales conditions. In case the (Co-)Holiday Maker did not purchase a cancellation insurance, or if the reason for cancellation is not covered by the Insurance Conditions as defined under 4.1.1, the booking will be canceled according to the conditions below. In addition to any costs owed concerning the cancellation insurance, the (Co-)Holiday Maker owes the full travel sum due to the villas' exclusive character.
4.2 Cancellation by Waterrijk Oesterdam
In case of force majeure or unforeseen circumstances, Waterrijk Oesterdam may cancel the reservation. Unforeseen circumstances and force majeure include, but are not limited to:
- Situations where the Accommodation is no longer suitable for rental purposes (for instance due to water nuisance, forest fires or non-performance on the part of the accommodation provider).
- Unavailability of the Accommodation (for instance due to sudden sale of the Accommodation by the Accommodation Provider, a double booking or bankruptcy of the Accommodation Provider).
Waterrijk Oesterdam will inform the Holiday maker immediately providing the reason, either via telephone or In Writing.
In these cases, Waterrijk Oesterdam will try to offer an equivalent Accommodation for the same travel sum. The equivalency of the alternative Accommodation is determined by Waterrijk Oesterdam based on location, the Accommodation's category as well as the facilities as advertised during the booking.
In case Waterrijk Oesterdam is unable to make a suitable alternative offer, or in case the Holiday Maker does not agree to the offered alternative, Waterrijk Oesterdam will proceed to return the Travel sum paid in part or in full, without owing any compensation payment.
Waterrijk Oesterdam is never accountable for the costs of any services booked by the (Co-)Holiday Maker themselves (for instance airplane tickets, car rental, boat transportation, travel by bus, etc.).
4.3 Changing the Agreement
After creating the invoice, the Holiday Maker may request changes to the booking they made, insofar as they are deemed possible by Waterrijk Oesterdam and/or the Accommodation Provider.
In the case of any changes regarding the Accommodation, the cancellation conditions as noted in article 4.1 apply in full, at which point the first booking is used for the purposes of the terms noted in 4.1.2.
In case one would like to implement a change, the Holiday Maker must notify Waterrijk Oesterdam In Writing.
In case a change is not possible, the old booking still applies. Waterrijk Oesterdam will inform the Holiday Maker following the change request as soon as possible.
In case a Co-Holiday Maker in the company is unable to attend, the vacant spot may be taken by another person, as long as this person meets all conditions set out by the Agreement.
In case another Co-Holiday Maker will join the group, it may incur additional costs. The Accommodation's description on the Website will list any potential prices per person, if applicable.
In case the Holiday Maker is unable to attend, the vacant spot may be taken by another person. In this case, the booking will be transferred to this other person. For a change of his kind, the conditions regarding booking transfer, as noted in article 4.3.8, apply.
In case the booking is transferred in full to another group, Waterrijk Oesterdam may change the booking in case the Accommodation and Accommodation Provider in question allow for this change. The following conditions apply:
- The Holiday Maker informs Waterrijk Oesterdam In Writing.
- Any monetary amounts already paid will be considered to be paid by the party taking over the booking. The transferring party and the party taking over must settle this matter among themselves.
Article 5 - Financial provisions
5.1 Travel sum and costs
The prices listed are per Accommodation per week, weekend or midweek, unless noted otherwise (insofar as it is applicable).
In case of special offers including some nights offered free of charge, the nights with the lowest cost will be deducted from the Travel Sum.
Combination of discounts is not possible.
Waterrijk Oesterdam reserves the right to change the Travel Sum in case increased government levies or taxes warrant it.
No discount campaigns apply to existing or already created bookings.
5.2 Other costs
Other costs are fixed costs related to the booking (such as the mandatory reservation costs).
These other costs must be paid to Waterrijk Oesterdam upon creating a booking.
5.3 Optional costs
Optional costs are costs related to an option, such as purchase of a Cancellation Insurance.
Optional costs are paid to Waterrijk Oesterdam upon creating a booking.
5.4 Costs to be paid on-site/deposit
The costs to be paid on-site include:
- The mandatory additional costs (for instance electricity, heating and gas).
- The costs for any booked optional facilities to be used on-site.
- Any owed taxes or levies (such as tourist tax and environment tax).
The exact information regarding to costs to be paid on-site can be found per Resort/Accommodation on the Website, notwithstanding the possibility that the amount of these costs may have changed between booking and arrival on-site, or that new government taxes will have gone into effect. The costs applicable at the time of arrival will be the ones that are owed. Waterrijk Oesterdam is not accountable for changes of this kind, because they are beyond Waterrijk Oesterdam's control.
The Holiday Maker will pay a deposit to the Accommodation Provider upon arrival, or provide a written authorization for the purpose of collecting a deposit. The payment method for the deposit varies per Accommodation Provider. Waterrijk Oesterdam will determine the method by which the deposit must be paid by the Holiday Maker.
Damage to the Accommodation, its inventory or the Resort, as incurred during the rental period, any extra cleaning costs due to failure to leave the Accommodation in a neat condition as well as any costs to be paid on-site may be deducted from the deposit. In case the deposit is insufficient for covering the damage or costs, the (Co-)Holiday Maker must pay the difference on-site.
It is possible, in case the (Co-)Holiday Maker leaves outside of the determined departure times, that they do not receive their deposit back.
Waterrijk Oesterdam accepts no responsibility for the charging and/or return of this deposit or the costs defined in this article.
5.5 Invoice components
The invoice includes the following costs:
- The Travel Sum
- Any desired optional costs (regarding the cancellation insurance)
Upon receiving the confirmation invoice, 100% of the Travel Sum, as agreed upon at the time of booking, as well as any additional optional costs (in case of a purchased cancellation insurance) must be paid within eight days.
Different payment plans may be requested/discussed with Waterrijk Oesterdam.
The total amount of the confirmation invoice must always be paid before the start of the rental period.
5.7 Failure to pay within the payment term
In case the agreed payment terms are exceeded, Waterrijk Oesterdam reserves the right to cancel the booking and to hold the Holiday Maker responsible for any costs incurred.
In these cases, the cancellation conditions as defined in article 4.1.2 apply, and any monetary amounts already paid will be deducted from the cancellation costs.
Waterrijk Oesterdam reserves the right to outsource collection to a third party (such as a collection agency). All associated costs, both judicial and extrajudicial, as well as the legally defined interest, will be charged to the Holiday Maker.
Article 6 - Obligations on the part of Waterrijk Oesterdam
Waterrijk Oesterdam will endeavor to update the information provided on the Website as soon as possible after receiving additional information from the Accommodation Provider to ensure it matches the information provided.
Waterrijk Oesterdam is not accountable for missing information on the Website if the information is not provided by the Accommodation Provider in a timely manner.
Article 7 - Obligations on the part of the Holiday Maker and (Co-)Holiday Maker
7.1 Meeting obligations as defined in the Terms and Conditions and the Villa Regulations
The Holiday Maker and (Co-)Holiday Maker, as well as any guests, are obligated to properly meet all obligations included in these Terms and Conditions, unless it concerns an obligation that is apparent to apply to Waterrijk Oesterdam or the Accommodation Provider.
The (Co-)Holiday Maker is obligated to make themselves familiar with the Resort regulations or other regulations associated with the selected Accommodation upon request and prior to entering into the Agreement, as defined in article 8.3.
Failure to meet these obligations will be considered attributable failure in meeting the Agreement, resulting in damage liability on the part of the Holiday Maker towards Waterrijk Oesterdam.
Article 8 - (Use of) Accommodation
8.1 Condition of the Accommodation and nature of its use
The Accommodation will be provided to the (Co)-Holiday Maker in good condition. In case the (Co-)Holiday Maker considers this not to be the case, they must report it immediately.
The Holiday Maker is obligated to treat the rental accommodation and its inventory with care. The tenant will leave the rental object in orderly fashion upon departure. Any damage caused by the Holiday Maker or Co-Holiday Maker to the rental object must be reported by the Holiday Maker on-site before departure, and settled immediately.
In case the Accommodation is left uncleaned or damaged (for instance with damaged inventory), the total deposit or part thereof, as defined in article 3.4, may be withheld.
The Accommodations can only be used for recreational purposes, unless explicit written agreement is obtained stating otherwise. Under no circumstances do recreational purposes include use of the Accommodation during the period for work on the part of one or multiple users, whether paid or unpaid, and regardless of whether the work is done in employment.
8.2 Maximum number of persons/visitors allowed
Use of the booked Accommodation by more than the maximum number of persons allowed for the Accommodation (including children and babies) as noted on the Website (www.waterrijkoesterdam.nl) is not allowed. The Accommodation Provider may refuse the (Co-)Holiday Maker access to the Accommodation in these cases. No claims to compensation payment may be made under these circumstances.
It is not allowed to receive visitors or have them stay overnight without prior permission from the Accommodation Provider.
8.3 Further conditions regarding use
The Accommodation is located at a Resort, building or other environment not managed by Waterrijk Oesterdam.
The Accommodation Provider has the right to set conditions (including regulations regarding behavior and clothing) regarding use of the Accommodation and/or the Resort or the building it is located in. This also applies to use of the offered facilities.
In case the (Co-)Holiday Maker acts in conflict with the provisions of the concluded Agreement, the Terms and Conditions and/or the general moral and decency regulations, Waterrijk Oesterdam has the right to terminate the Agreement with the Holiday Maker with immediate effect and to remove the (Co-)Holiday Maker from the Accommodation, without any obligation on the part of Waterrijk Oesterdam to reimburse the Holiday Maker for any paid monetary amounts, and without diminishing Waterrijk Oesterdam's claim to compensation payments.
8.4 Condition of the Accommodation and nature of its use
The Holiday Maker is responsible for the selection of their Accommodation to ensure it meets their desires or demands or those of their (Co-)Holiday Maker(s).
Waterrijk Oesterdam can only advise the Holiday Maker in this respect, and is not accountable in case the Accommodation and/or the Resort is not suitable and/or modified to meet the desires/demands of the Holiday Maker or the Co-Holiday Maker(s).
8.5 Condition of the Accommodation and nature of its use
In principle, pets are not allowed at the offered Accommodaions, unless explicitly indicated otherwise.
If pets are allowed at the Accommodation, they must be registered at all times.
Registration of pets after the booking will be considered a change as defined in article 4.3, and must comply with the associated conditions.
Bringing any unregistered pets may be reason for the Accommodation Provider to deny access to the Accommodation, even when the Website indicates that pets are allowed.
Additional (cleaning) costs may be associated with bringing pets.
Pets must always demonstrably meet any health and vaccination requirements that apply in the country where the Accommodation is located. Failure to meet these requirements, or inability to demonstrate that the requirements are met, may be reason for the Accommodation Provider to deny the pet access to the Accommodation.
The Holiday Maker remains accountable to the Accommodation Provider, Waterrijk Oesterdam and/or Third Parties for any damage caused by the pets at all times, including when the damage is the result of failure to meet the requirements as defined under 8.5.6.
Article 9 - Facilities (at or outside of the Resort)
9.1. Opening hours and costs
The Accommodation descriptions on the Website provide information regarding the facilities on offer, including any costs known to Waterrijk Oesterdam. Waterrijk Oesterdam carefully processes all details known regarding availability, costs and opening hours of all facilities. In case Waterrijk Oesterdam is notified of any changes, they will be indicated on the Website at the Accommodation in question.
If no costs are listed for use of facilities, this does not imply that use of these facilities is free.
Waterrijk Oesterdam is not accountable for unexpected costs that are calculated or changed on-site when it comes to use of facilities or services offered by third parties.
Waterrijk Oesterdam cannot guarantee that the facilities listed on its Website are available at all times. Especially outside of peak season, it may occur that certain facilities are closed. This applies, for instance, to restaurants, bars, swimming pools, supermarkets and entertainment. It also applies to similar facilities in the Accommodation's area.
Article 10 - Travel information
10.1 Traveling to and from the Accommodation
Traveling to and from the booked Accommodation is handled by the (Co-)Holiday Maker themselves, and any costs and risks are entirely their own responsibility.
10.2 Arrival and departure
The arrival and departure times vary per Resort or Accommodation, and are indicated in the travel documents.
Early arrival is done at ones own risk.
When expecting to arrive late, the Holiday Maker must notify the manager of the booked Accommodation directly via telephone.
In case the phone is not answered, the Holiday Maker must contact Waterrijk Oesterdam via telephone directly.
In case of failure to meet the requirements defined under 10.2.3 and/or 10.2.4, the Accommodation remains booked for the Holiday Maker up to 24 hours after the time of arrival.
If the Holiday Maker does not arrive within 24 hours or report in any way to the Accommodation Provider or Waterrijk Oesterdam during this time, the booking will be considered to be canceled following the conditions of article 4.1 of these Terms and Conditions.
For all bookings, later arrival or early departure means that the costs for the entire booked period are owed.
10.3 (Travel) documents and other obligations
The (Co-)Holiday Maker must take care of all necessary (travel) documents and/or vaccinations for pets. Waterrijk Oesterdam does not accept responsibility for failure to have the correct travel documents and/or required vaccinations or statements of good health in order.
Article 11 - Complaints
Waterrijk Oesterdam makes a distinction between complaints prior to the vacation, and complaints resulting from the stay.
11.1 A complaint prior to your vacation
Complaints regarding the booking process, the Website, provision of information or a service by Waterrijk Oesterdam must be filed with Waterrijk Oesterdam at all times. Waterrijk Oesterdam will endeavor to resolve the complaint as soon as possible.
11.2 A complaint regarding the Accommodation
If the (Co-)Holiday Maker has a complaint regarding the Accommodation, the Resort or the facilities, they must always present it to the Accommodation Provider or reception of the Resort in question first, to allow them to resolve the complaint immediately.
If a resolution is not achieved, the (Co-)Holiday Maker may contact Waterrijk Oesterdam in order to allow them to reach a resolution as soon as possible. Waterrijk Oesterdam will try to resolve the complaint within 48 hours.
Contacting Waterrijk Oesterdam outside of office hours is meant exclusively for emergencies and serious complaints.
If the (Co-)Holiday Maker fails to file their report with Waterrijk Oesterdam via telephone or In Writing during their stay, resulting in Waterrijk Oesterdam's inability to resolve the complaint, the (Co-)Holiday Maker will have no claim to it afterwards. Any rights to compensation payment will be forfeited.
11.3 Complaint procedure
A complaint filed with Waterrijk Oesterdam (by telephone) which is not resolved to the (Co-)Holiday Maker's satisfaction, must be submitted to Waterrijk Oesterdam In Writing and with motivation within four weeks after the date of departure, accompanied by photos and/or other forms of evidence.
Complaints filed later will not be handled. This complaint will be communicated to the accommodation provider for their information.
After Waterrijk Oesterdam receives the complaint, the (Co-)Holiday Maker will receive confirmation of receipt within a month. This confirmation will contain information about the further processing of the complaint.
Article 12 - Accountability
12.1 Limitation of accountability on the part of Waterrijk Oesterdam
Waterrijk Oesterdam cannot be held accountable for loss or theft (including money), damage to property or damage or injury incurred by the (Co-)Holiday Maker due to any cause.
Use of all facilities at the holiday destination is at the (Co-)Holiday Maker's own risk.
Waterrijk Oesterdam is not accountable for damage incurred because the rented Accommodation does not meet the desires or demands of the Holiday Maker.
Waterrijk Oesterdam cannot accept accountability for unexpected (construction) activities in the area of the booked Accommodation, activities concerning the access or main roads, noise nuisance, for instance caused by neighbors, church bells, cards, trains or agriculture equipment, pest nuisance or environmental problems in the area of the Accommodation.
Evident errors or mistakes on the Website(s) are binding for Waterrijk Oesterdam.
Waterrijk Oesterdam is not responsible for the accuracy of (photo) materials provided and/or composed by third parties.
The Website contains hyperlinks to other websites. Waterrijk Oesterdam is not responsible for these websites, and accepts no accountability regarding the legality, availability and accuracy of the details these websites contain. The contents of these websites are never part of the Agreement.
The (Co-)Holiday Maker is expected to be aware of the local laws and regulations. Waterrijk Oesterdam is not responsible for the results of any violations in this respect committed by the (Co-)Holiday Maker.
12.2 Accountability of the Holiday Maker
Undiminished by what is outlined in article 7, the Accommodation Provider has the right to provide the (Co-)Holiday Maker with regulations regarding the use of the Accommodation and everything associated with it.
During the stay, the Holiday Maker is responsible for any damage to the Accommodation, the furniture and all objects associated with the booked Accommodation incurred during the stay, regardless of who caused the damage. Settling these damages is primarily done between the Accommodation Provider and the Holiday Maker.
If the damage is not settled with the Accommodation Provider, Waterrijk Oesterdam has the right to hold the Holiday Maker accountable for the (incurred) damage (on behalf of the Accommodation Provider). All associated costs will be charged to the Holiday Maker as noted on the confirmation invoice.
Article 13 - Privacy
13.1 Use of (personal) data
The personal data provided for the purpose of the booking will be used for processing the booking. In case a change is made to the details already provided, the (Co-)Holiday Maker is obligated to notify Waterrijk Oesterdam In Writing immediately.
The provided information will also be stored in Waterrijk Oesterdam's client database. The purpose is use for communication between Waterrijk Oesterdam and the Holiday Maker regarding the booking (for instance concerning the invoicing, sending the necessary information regarding the booking, etc.) as well as for sending offers by and information about Waterrijk Oesterdam.
More information about which details are needed and in which way they are used can be found under the Privacy header on the Website.
Article 14 - Applicable law and competent judge
Dutch law applies to the Agreements concluded, modified or supplemented based on these Terms and Conditions, unless other law applies based on compelling regulations.
Disputes concerning the Agreement can only be presented to the competent judge in Amsterdam, unless it concerns a dispute for which parties are not allowed to select a competent judge. In these cases, the competent judge will be the one appointed by law.
Article 15 - Other provisions
Waterrijk Oesterdam reserves the right to make amendments to its Website and/or its offer without prior notification.
All correspondence to Waterrijk Oesterdam concerning the Agreement must be sent by mail or email addressed to:
Waterrijk Oesterdam has the right to change the addresses under article 15.2.1. The Website will always show the correct contact details.
The Holiday Maker is responsible for providing their correct contact details, and must report any changes regarding their contact details to Waterrijk Oesterdam immediately.
Waterrijk Oesterdam will preferably send notifications to the Holiday Maker by email. The Holiday Maker cannot make any claim based on not receiving email messages from Waterrijk Oesterdam due to incorrect or outdated contact details, or due to (technical) issues on the part of the Holiday Maker or their provider.