GENERAL BOOKING TERMS AND CONDITIONS GOUNY RENTALS
1.1. In these Booking Terms and Conditions, the following words and expressions shall have the following meanings:
Booking Conditions: these general booking terms and conditions Gouny Rentals;
Booking Order: the order of a Traveller for the services of the Service Provider(s);
Confirmation: the confirmation given by Gouny Rentals on behalf of the Service Provider to the Traveller following which the agreement between the Traveller and the relevant Service Provider shall be established and binding between them;
Gouny Rentals: a company incorporated under the laws of the Netherlands, having its statutory seat in the Netherlands and its office address at Van Goghstraat 15, Drunen, that provides the Services;
Service Provider: the person(s)/entity(ies) that rent out a holiday home to the Traveller and/or the person(s)/entity(ies) that provide(s) ancillary services to the Traveller in connection with the holiday home, which arrangements are agreed upon between these person(s) and the Traveller in (an) agreement(s) governed by the terms and conditions of such agreement(s) in accordance to which this (these) person(s) is (are) responsible for this rent and/or these services;
Services: the services provided by Gouny Rentals consisting of, inter alia, providing advice, providing information, processing Booking Orders and intermediating in the establishment of rental agreements for holiday homes located in El Gouna, Egypt and ancillary agreements in connection therewith;
Traveller: the person that places a Booking Order and/or the person to whom Gouny Rentals provides the Services;
Working Day: the days from Monday to Friday from 09.00 to 17.00;
Gouny Rentals is a service provider, providing the Services.
Gouny Rentals may process (a) Booking Order(s) for the Traveller and intermediate in the establishment of an agreement between the Traveller and the Service Provider, to which agreement Gouny Rentals is not a party.
Gouny Rentals shall not be responsible (and liable) for (carrying out of the) services for which Gouny Rentals has processed (a) Booking Order(s). These services are subject to the relevant terms and conditions of the agreement concluded between the Service Provider and the Traveller. Gouny Rentals shall be responsible (and liable) for the (carrying out of the) Services.
The Traveller shall be responsible (and liable) for providing the information necessary to carry out and conclude the processing of (a) Booking Order(s). This shall for example, involve providing the correct name, address, town/city, date of birth, nationality and if available, the mobile telephone number and e-mail address.
The Traveller is responsible for ensuring that he is in possession of the correct travel documents (passport, visa, inoculation documents) when embarking on travel.
Gouny Rentals shall confirm the Traveller on the establishment of the agreement between the Traveller and the Service Provider by sending a Confirmation to the Traveller.
2. APPLICABILITY OF THE RENTAL CONDITIONS
2.1. These Booking Conditions shall apply to all types of services of Gouny Rentals (including the Services) and all relations/agreements between Gouny Rentals and Traveller. The Booking Conditions shall if reasonably possible be submitted by Gouny Rentals to the Traveller prior to or on concluding the Booking Order.
3. BOOKING ORDER
3.1. Traveller Bound. The Traveller shall following placing of the Booking Order be bound towards Gouny Rentals irrespective of whether or not Confirmation is issued immediately.
3.2. Internet Processing. Gouny Rentals shall arrange the booking process via internet in such a way that the Traveller is informed – prior to acceptance – that the Traveller will enter into an agreement with the Service Provider.
3.3. Confirmation. Gouny Rentals shall as an intermediate forward the Booking Order on behalf of the Traveller to the Service Provider. The Booking Order shall include details on the period of the services and dates on the start and termination of the services. Gouny Rentals shall confirm the Traveller on the establishment of the agreement between the Traveller and the Service Provider in general within maximum 14 days of the Traveller placing the Booking Order. The Traveller shall be bound to the agreement with the Service Provider on Confirmation. The Confirmation shall be deemed as evidence of the existence and content of the agreement between the Traveller and the Service Provider, without prejudice to the Traveller’s right to provide evidence to the contrary.
3.4. Information Duty Traveller. The Traveller shall provide Gouny Rentals with the required details regarding himself and (any) other traveller(s) for concluding and carrying out the Booking Order. This shall include his mobile telephone number and e-mail address if available. The Traveller shall bear the financial consequences if the Traveller fails in this information duty.
3.5. Price changes. The prices for the services of the Service Provider may be changed according to the Service Provider’s general conditions. These changes shall be communicated and charged as soon as possible.
3.6. Cancellations/Changes by the Traveller. Any cancellations of or changes in the Booking Order(s) may only take place on Working Days and only at the request of the Traveller. If at the Traveller’s request (i) a cancellation takes place or, (ii) changes following the Booking Order and-or Confirmation take place, the costs incurred shall be charged to the Traveller. This may also include costs that Gouny Rentals incurs in implementing the cancellation or change as well as the costs of cancellation or changing costs charged by the Service Provider.
3.7. Notifications. All notifications by Gouny Rentals or the Service Provider shall be addressed to the Traveller only.
4.1. The sums owed shall be paid to Gouny Rentals within the term stipulated in the Confirmation by Gouny Rentals. Gouny Rentals shall be entitled to collect the sums owed, on behalf of and at the expense of the relevant Service Provider(s).
4.2. Gouny Rentals shall, when processing the Booking Order(s), require a deposit, which may in any case not be greater than the amount of the deposit as set out in the general conditions of the relevant Service Provider(s).
4.3. Gouny Rentals shall receive the remaining outstanding sum no later than the date stated in the Confirmation or the invoice. The information on the Confirmation shall prevail in the event of any discrepancy between the Confirmation and the invoice.
4.4. The Traveller shall be in default if he fails to (i) fulfil the (instalment) payment, or (ii) fulfil the (instalment) payment on time. The agreement between the Service Provider and the Traveller shall be deemed cancelled unless the general conditions of the relevant Service Provider states otherwise. Gouny Rentals shall in such case be entitled to (i) charge the costs provided for in clause [3.6] of these Booking Conditions, or (ii) to offset this against (instalment) payment(s) received.
4.5. Any reimbursement shall be paid exclusively to the Traveller.
5.1. Gouny Rentals shall carry out the Services as a good entrepreneur. Without prejudice to the aforementioned, Gouny Rentals shall accept no liability due to actions and/or omissions by the Service Provider nor for the correctness of information that the Service Provider supplies. Gouny Rentals shall bear no liability with respect to photographs, folders, advertisements, websites and other information carriers as far as these were created or published under the responsibility of third parties.
5.2. As far as Gouny Rentals is in default resulting in the Traveller to incur a loss, Gouny Rentals’s liability shall be limited to a maximum amount of 25 per cent of the amount of the Booking Order.
5.3. Gouny Rentals shall not be liable for any liability due to indirect damage, damage for which the Traveller is insured (e.g. by means of travel and/or cancellation insurance or health costs insurance) or damage suffered by the Traveller in the context of exercising a profession or business.
5.4. Gouny Rentals shall not be liable for any commitments made by his personnel and/or third parties that clearly deviate from the conditions as set out in the Booking Conditions or the conditions agreed in the agreement with the Service Provider unless such commitments have been subsequently confirmed in writing.
5.5. The exemptions and limitations of liability included in this provision shall also apply to Gouny Rental’s affiliates, directors, officers, employees, representatives or agents.
6.1. The Traveller shall be responsible for acquiring information from the relevant authorities in relation to official documents (e.g. passports, visas, health formalities, evidence of inoculations and vaccinations, driving licence, etc.), for acquiring the required (valid) official documents and the required travel documents (e.g. flight tickets, etc.).
6.2. If the Traveller cannot make the (entire) journey due to the lack of any (valid) official document, or travel document, he shall bear all the costs associated with this. The Traveller shall be responsible for having the required official and travel documents in conformity with all requirements.
7. INTEREST AND COSTS
7.1. The Traveller who fails to fulfil his financial obligation on time shall be liable for an interest of 12 months Euribor plus 5% per annum on the outstanding amount, unless the general conditions of the respective Service Provider provide for a higher rate of interest.
7.2. The Traveller shall also be obliged to refund out-of-court collection costs amounting to 10% of the sum demanded, unless this is unreasonable bearing in mind the collection tasks and the amount owed.
8. GOVERNING LAW AND JURISDICTION
8.1. The relationship between Traveller and Gouny Rentals shall be governed by and construed in accordance with the laws of the Netherlands (and excluding, for the avoidance of doubt, the laws of any non-European part of the Netherlands).
8.2. All disputes between the Traveller and Gouny Rentals arising under or in connection with the Services, Booking Conditions, and/or further agreements resulting from the Services and/or Booking Conditions, including all disputed claims for breach by any party of any representation, warranty, undertaking or covenant under the Services and/or Booking Conditions (a Dispute), shall be finally resolved by the competent court in Amsterdam, the Netherlands.