This website (hereinafter referred to as "www.dordognemaison.com") is part of and offered by Baarsinbeeld. office at Oostvoorne, at the (3233SM) Iepenblad 54 Netherlands and registered at the Chamber of Commerce under number 18.104.22.168
Www.dordognemaison.com is a platform where providers of holiday accommodation (hereinafter "Property owners" in plural or "Landlord" in singular) offer these accommodations for rent through advertisements to visitors of www.dordognemaison.com.
Baarsinbeeld is and will not be a party to the agreement to rent a holiday accommodation between a Landlord and a visitor of the Website. The visitors to www.dordognemaison.com (hereinafter: "Visitors"), which deal with the offers of a holiday accommodation offered by Property owners and / or rent one of the offered holiday accommodation from a Landlord, are hereafter referred to as "Tenants" in plural and "Tenant" in singular. Visitors, tenants and property owners are hereafter jointly referred to as "Users" in plural or “User in singular.
By visiting www.dordognemaison.com you declare that you agree with these Terms and Conditions (hereinafter: "General Terms and Conditions") we advise you to read these General Terms and Conditions and when you use the Website you may be asked to agree again. Declare with these Terms and Conditions.
If you have questions about these Terms and Conditions after reading, please let us know. You can contact us via the contact form.
Explanation structure of these General Terms and Conditions
These Terms and Conditions consist of 3 parts
• Part 1 general section applies to Users
• Part 2 conditions for Tenants in addition to part 1
• Part 3 conditions for property owners in addition to part 1
Part 1: General part applicable to Users
1. Additional conditions:
For a number of additional services of www.dordognemaison.com additional conditions apply in addition to these General Conditions. These additional conditions form an integral part of these General Terms and Conditions. It goes without saying that you will be given an opportunity to inspect and accept these additional conditions before you use these additional services. If the additional conditions deviate from these General Terms and Conditions, then the additional terms and conditions will prevail over the contents of these General Terms and Conditions.
2. Commencement date and interim change:
These General Terms and Conditions apply with effect from 31 October 2018 to every use of the Website and to all services offered by Baarsinbeeld.
Baarsinbeeld will from time to time change its Terms and Conditions. Of course, you want to know which version of the Terms and Conditions (the old or the new version) applies to you. With the clear rules below, we ensure that you always know which General Terms and Conditions apply.
- For Visitors of www.dordognemaison.com, the version of these Terms and Conditions applies as shown on visit to the Website;
- For Tenants of an accommodation, the version of these General Terms and Conditions that applied at the time of sending the Booking Request to the Landlord applies;
For House Owners, the version of these General Terms and Conditions that applied at the time of sending the Booking Request to the Landlord applies;
The new version of the General Terms and Conditions is of course applicable to booking requests and any agreement between Baarsinbeeld and Visitors, Renters and Property owners as of 31 October 2018.
4. Operation Website
Baarsinbeeld devotes a great deal of care to the optimal and flawless functioning of www.dordognemaison.com and the information to be consulted there. Baarsinbeeld is partly dependent on third parties for the functioning of www.dordognemaison.com. Property owners have compiled the information about the holiday accommodations. For these reasons, Baarsinbeeld can unfortunately not guarantee that www.dordognemason.com will always function without malfunctions or will always be accessible and that all information on www.dordognemaison.com is correct. Naturally, Baarsinbeeld does its utmost within reasonable limits to ensure that the website functions properly and that the information provided is correct.
5. Limitation of liability and indemnity
Baarsinbeeld is responsible for the hosting and accessibility of www.dordognemaison.com. Baarsinbeeld is not liable for damage resulting from system failure, connection failure or any other defect or malfunction of www.dordognemaison.com. Baarsinbeeld will try to remedy a fault as soon as possible.
Baarsinbeeld is not liable for damage caused by the use of www.dordognemaison.com by Users.
Baarsinbeeld excluse liability, to the extent permitted by law for all damage suffered by a User by:
1. Use of the services of www.dordognemaison.com or other services of Baarsinbeeld
2. Not or not securely availability from www.dordognemaison.com or parts thereof
3. Incorrect information on the www.dordognemaison.com
Users indemnify Baarsinbeeld for claims of third parties with regard to any damage, including more - but not exclusively - legal costs incurred by entering into an agreement between the Lessee and the Lessor and / or using the Website.
6. Unauthorized use of the Website
The contents of www.dordognemaison.com include a database with a varying range of holiday accommodation (hereinafter referred to as "Databank"). Baarsinbeeld is the owner of the Databank. The database rights of Baarsinbeeld, as referred to in the Database Act, rest on the Database. Users are not permitted to (re) use (or have used) or store (or have done) parts of this Database without the prior written consent of Baarsinbeeld. If for any reason the Database does not qualify as a Database right within the meaning of the Databankenwet or for any other reason does not fall within the scope of protection of any legal provision, then it is also not permitted for Users to, except with the prior written consent of Baarsinbeeld, parts of this Database to (re) use (re) use or store.
Baarsinbeeld has obtained a license from the Landlord for the use of all images, videos and texts placed by the Landlord on www.dordognemaison.com (hereinafter referred to as "Content").
The Content is protected by copyright.
The following use of www.dordognemaison.com, parts of www.dordognemaison, Databank and Content included, Users is not allowed except with the prior written permission of Baarsinbeeld
- copy, store, reproduce, reproduce and / or make public.
- the collection of personal data.
- approaching other Users for the provision of the same or other products and / or services.
If we are confronted with one of these above-mentioned cases, we have the opportunity to report to the Authority for Consumers and Markets (ACM), the Dutch Data Protection Authority (AP) or we can take legal action and we can immediately terminate the cooperation with the User.
7. Explanation of General Terms and Conditions and application
If there is a lack of clarity about the interpretation of one or more provisions of these General Terms and Conditions, then the explanation must take place according to the actual intention of these provisions.
If a situation arises, between the parties that is not regulated in these General Terms and Conditions, this situation must be assessed according to the intention and scope of these General Terms and Conditions.
If one or more of the provisions of these General Terms and Conditions or any other agreement with Baarsinbeeld should be in conflict with any applicable mandatory legal provision, the relevant provision will lapse and will be replaced by a new legally permissible provision comparable by Baarsinbeeld.. In the event that one or more provisions of these General Terms and Conditions are declared invalid in whole or in part by a court order, this will not affect the other provisions of these General Terms and Conditions.
8. Transfer to third parties
9. Force majeure
Without prejudice to the other rights accruing to Baarsinbeeld, Baarsinbeeld has the right, in case of force majeure, to suspend the performance of the agreement and its services, or to dissolve the agreement without judicial intervention, confirmed in written to Users, without this being required to pay any compensation, unless this would be unacceptable in the given circumstances by standards of reasonableness and fairness.
Force majeure means any shortcoming, which cannot be attributed to Baarsinbeeld, because this is not due to her fault and is not for her account under the law, legal act or generally accepted in traffic.
10. Abuse, applicable law and disputes
The User is not allowed to use www.dordognemaison.com for unlawful, immoral and punishable conduct.
All legal relationships to which Baarsinbeeld is a party, including any agreement concluded between Baarsinbeeld and a User, are exclusively governed by Dutch law, even if an obligation is fully or partially executed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
The Rotterdam District Court has exclusive jurisdiction to hear disputes. Nevertheless, Baarsinbeeld has the right to submit the dispute to the competent court according to the law.
Part 2 Conditions for Tenants
These conditions apply in addition to the conditions of Part I of these General Terms and Conditions.
11. Accepting the offer from the Landlord
Baarsinbeeld is and will not become a party to the agreement that you conclude or wish to conclude with the Landlord. You make an independent agreement with the Landlord of the accommodation. Baarsinbeeld only sends your Booking Request and does not have any involvement with (or knowledge of) the possible rental transaction and payment as or not subsequently concluded between Tenant and Landlord. You should therefore - if you deem it necessary - request any background information about the accommodation from the Landlord and further investigate the location and quality of the accommodation, as well as the reliability of the Landlord.
12. Offered information on www.dordognemaison.com
Baarsinbeeld does its best to ensure that the information provided by Property owners at www.dordognemaison.com about the offered accommodation offered is correct. To this end, Baarsinbeeld undertakes various actions towards the Landlord if it gives reason for its exclusive assessment.
However, Baarsinbeeld cannot guarantee that the information on www.dordognemaison.com is correct and reliable at all times. Baarsinbeeld cannot be held liable for damage, directly or indirectly, resulting from the use of the information on www.dordognemaison.com
Baarsinbeeld does not carry out physical checks on the quality of the content of the offered accommodation and the accuracy and completeness of the offered accommodation.
Baarsinbeeld cannot guarantee that the accommodation offered by Property owners on www.dordognemaison.com meets your expectations.
13. Booking request
"Booking request" means the following: a potential tenant sends the booking request via the booking form, and places the Booking Request with the Lessor. Property owners have committed themselves to Baarsinbeeld as soon as possible, at the latest within 48 hours after sending a booking request by the tenant, to respond to a booking request. If a Lessor fails to respond within 48 hours, the Lessee of receives a notice form Baarsinbeeld that the Lessor is not available and the Booking Request has expired without any further obligation on the Lessee.
In case of complaints about our services, you can submit this complaint by sending an e-mail to email@example.com. Complaints must be submitted within a reasonable period - a maximum of two months after the complaint has been established. The complaint must be well motivated. Baarsinbeeld will confirm the receipt of your complaint and then strive to respond to your complaint within 14 days. If response to your complaint is not possible within 14 days, we will notify you within that period and you indicate within which period you can expect a response.
15. Posting reviews
Baarsinbeeld is appreciates your opinion and experiences. For this reason, Tenants who have made a Booking Request via www.dordognemaison.com have the opportunity to make a review of the rented accommodation. A review must be completed truthfully and may not contain offensive words or be offensive in nature. Baarsinbeeld will remove reviews and reactions in violation of these rules. Baarsinbeeld reserves the right to remove reviews and reactions at any time or to suggest suggestions for changes if it sees reason to do so.
A Landlord has the choice whether or not to show a review in his advertisement.
Part 3 Conditions for Property owners
These conditions apply in addition to the conditions of Part I of these General Terms and Conditions.
16. Providing data
The Property owner ensures that all data, of which Baarsinbeeld indicates that these are necessary or of which the Property owner reasonably should understand that these are necessary, are provided to Baarsinbeeld in time. If the data required for the execution of the agreement are not provided to Baarsinbeeld in time, Baarsinbeeld has the right to suspend the execution of the agreement and / or charge the additional costs resulting from the delay to the Property owner in accordance with the usual rates. Baarsinbeeld is not liable for damage of any kind because Baarsinbeeld has assumed incorrect and / or incomplete information provided by the Lessor, unless she should immediately have known this inaccuracy or incompleteness.
When establishing an agreement between Baarsinbeeld and the Lessor, the Lessor must at all times has a working e-mail address available which does the Lessor frequently read (weekly). Property owner ensures that the e-mail address provided by him works and is frequently read.
Baarsinbeeld will request additional information from the Property owner if it should give cause to do so. Property owner must cooperate with reasonable requests for information from Baarsinbeeld about the person of the Property owner and the accommodation.
17. Access account and data Property owners
For management and configuration purposes and for the financial settlement of a transaction and booking request, Baarsinbeeld has access to the Lessor's account on the Website.
Baarsinbeeld is not liable for damage caused by third parties gaining unauthorized access (hacking) to the account of the Property owners.
Property owners is responsible for his data and content. Baarsinbeeld is not liable for damage resulting from the loss of (part of) these data.
Property owners is responsible for the careful storage and management of the user names and passwords issued to him by Baarsinbeeld for his account. Baarsinbeeld does not accept any liability arising from the (careless or otherwise) use of this data.
18. Service message
Coupled with the subscription forms, each Property owners receives periodic service messages from Baarsinbeeld by e-mail. These service reports from Baarsinbeeld contain handles for property owners to improve its products and services. These service messages are an inextricable part of the service purchased by the lessor.
19. Rules for placing an advertisement
Baarsinbeeld is intended exclusively for private owners of holiday homes, who want to offer and rent their holiday home on www.dordognemaison.com. To preserve this unique character of our website and only to present properties that the owner fully, preferably as extensive as possible and with care, are described, we draw your attention to the following rules:
Property owners must keep the calendar of the accommodation up-to-date at all times so that Tenants can form a truthful picture of the availability of the relevant accommodation. The letting or expulsion of booking requests by Lessor has a negative effect on the ranking in the search results of the Lessor's accommodation on the Website. If in the exclusive assessment of Baarsinbeeld the landlord rejects, in the opinion of Baarsinbeeld, above average a large number of booking requests, Baarsinbeeld is entitled to place the accommodation temporarily offline. Baarsinbeeld informs the Landlord of the violation and the opportunity to make its calendar up-to-date. After the calendar is up-to-date, Baarsinbeeld will place the accommodation on the Website again. If the Lessor afterwards again appears to be acting in violation with regard to the stipulations regarding booking requests, Baarsinbeeld may decide to terminate the subscription unilaterally, whereby all outstanding invoices must be settled. Property owners is in that case not entitled to any compensation and or refund of money already paid.
Baarsinbeeld sees as much as possible a timely response from Property owners and reserves the right to temporarily remove the relevant Property owners from the Website in order to prevent disappointments of other Tenants.
Baarsinbeeld has the right, in its own reasonable opinion, to modify or refuse the photos, images, texts or videos and other data provided by the Property owners as included in the offered accommodation and / or advertisements such as forum posts in whole or in part.
Advertisements in violation of the above rules will be removed by Baarsinbeeld once Baarsinbeeld is aware of violation of the above rules. If Baarsinbeeld is aware of a minor violation of the above rules, Baarsinbeeld can make an exclusive assessment between the removals of the advertisement from the Website or a notification to the Lessor with the intention that a period of 48 hours is given to the subordinate violation. To undo and restore the rules.
COPYRIGHT Baarsinbeeld 2015- 2018
These General Terms and Conditions are protected by copyright and may not be reproduced or published in full or in part by third parties without the prior written permission of Baarsinbeeld in any way whatsoever.