All relations between the lessee-customer and n.v. Jonckershof (Ltd.) are governed by the following general terms and conditions:
Reservations - bookings: Bookings become effective only on receipt by n.v. Jonckershof of a document proving that the lease has partially been paid by the lessee-customer.The latter declares to have taken cognizance of (a.1) the present general terms and conditions, (a.2) the rules and regulations and (a.3) the police regulations (which are available for perusal at the police station), and he declares to approve of the present terms and conditions. He commits himself to observe these terms and conditions and to see to it that the persons accompanying him will observe them too. (b) Bookings do not become effective until payment has been made of the sums due, as laid down in point 3 below. Minor customers must have the lease signed by one of their parents or tutors. Bungalows and apartments are let to family guardians only. They must make themselves known as such and assume liability for the fulfilment of all obligations described in the present terms and conditions; consequently, reservations in the name of a group are not accepted unless this is explicitly agreed in writing. In case of abuse or deceit, n.v. Jonckershof reserves the right to refuse access to the rented rooms, without prejudice to the right to claim damages (see art. 8).
Prices: The rental agreement makes reference to the deposit, the rent and various expenses, all of which are quoted in EURO,unless explicitly stated otherwise in the lease. (a) The deposit is not part of the rent. It will be reimbursed within fourteen days after the expiry of the term of lease, as indicated in the rental agreement, provided that the lessee-customer fulfilled all his obligations. (b) The rent includes all charges and taxes that are applicable at the time the lease is drawn up, with the exception of (b.1) the rent of meters, the water, power and gas consumption (for Oostduinkerke) according to the meter reading at cost price; (b.2) the various services that may be required by the lessee-customer and (b.3) the damages, if any, caused by the lessee-customer. (c) The various expenses (e.g. for the cleaning at the expiry of the term of lease, participation in expenses resulting from the renewal of the lease, baby furniture, ...) include the various optional costs for extra services requested by the lessee-customer; they are not part of the rent and they must be requested at the time the reservation is made (see point 5 below).
Payments: (a) Half of the rent must be paid within 10 days following the receipt of the written confirmation of the lease. (b) The balance, (c) the deposit and (d) the extra services requested by the lessee-customer, if any, must be paid not later than one month before the start of the term of lease. If the reservation is made less than one month before the start of the term of lease, the deposit, the rent and any extra services must be paid at once. In case of overdue payment, n.v. Jonckershof has the right to terminate the rental agreement unilaterally, without prior notice. Sums already paid will not be reimbursed in that case.
Arrival - Departure / Acceptance and return of the key: The keys can be picked up and returned only on the day and at the time specified in the document serving as proof of the rental agreement. The hour of arrival specified in this document is the earliest point in time at which the lease can start. The hour of departure is the last point in time at which the lease can expire. In case of a late arrival or an early departure, the lessee-customer must notify n.v. Jonckershof in time to allow the latter to make the necessary arrangements.
Alterations: Until exactly one month before the date of arrival, alterations can be made to the extra services or expenses, or the term of lease can be extended at the request of the lessee-customer, as far as this is possible. To cover the administrative costs, a fixed sum (25 EURO) will be charged for every alteration. In addition to this, other additional expenses may be charged. The same is true if n.v. Jonckershof makes alterations to the various services or if the term of lease has to be changed. All these alterations can be applied for in writing only.
Cancellation: In case of cancellation as a result of the decease of the lessee or a member of his family, all payments will be reimbursed without any claim for damages against the lessee-customer if n.v. Jonckershof is notified of the cancellation by registered letter before the start of the term of lease. The obligations included in the rental agreement by the lessee-customer shall not be made invalid in case of any other cancellations, for whatever reason, except if it concerns a case of force majeure (which the customer must be able to prove). Therefore the lessee-customer is strongly advised to intervene in the search for a new lessee (see point 7 below). No damages shall be due (except for a compensation to cover the cost of making alterations) if the lessee-customer manages to find a lessee of equal standing at the time of the cancellation, but certainly not later.
Participation in expenses resulting from a cancellation and renewal of the lease: By paying 4% of the rent, with a minimum amount of / 10 EURO, it is possible to safeguard oneself against the costs resulting from a cancellation if the lessee-customer or a member of his family (a) suddenly falls ill or gets injured in an accident, without prejudice to the lessor’s right to have this confirmed by a medical officer or (b) if he is confronted with the death of a relative in the first remove. This participation in expenses resulting from a cancellation and renewal of the lease is to be paid on the day the booking is made. It offers coverage from the day of the booking until the day preceding the date of the start of the term of lease, as indicated in the lease.
Liability: Neither n.v. Jonckershof nor the owner of the leased property can be held liable for any loss, damages, physical injuries or accidents caused by any person or resulting from whatever reason to persons and/or goods during or as a result of the stay in a bungalow/apartment. Nor can n.v. Jonckershof be held liable for unanticipated events, including, but not restricted to, strikes, fire, epidemic, bad weather conditions, ... which might involve all kinds of additional costs (travelling expenses and accommodation) for the lessee-customer. If exceptional circumstances occur before or during the term of lease, which n.v. Jonckershof could not possibly foresee at the time of conclusion of the rental agreement and which would have constituted a valid reason not to conclude the agreement if these circumstances had been known to n.v. Jonckershof, the latter reserves the right to terminate the contract with the lessee-customer unilaterally, either in whole or in part, but without being entitled to any damages whatsoever. If n.v. Jonckershof does terminate the contract (a) before the start of the term of lease, the latter is liable to reimburse the lessee-customer for all expenses already incurred; if n.v. Jonckershof terminates the contract (b) during the term of lease, the latter is liable to reimburse the lessee-customer for all expenses incurred as a result of this contract, but with the exception of the rent and any additional expenses in proportion with the number of days that the lessee-customer has already stayed in the bungalow or in the apartment. Should n.v. Jonckershof fail to meet its contractual obligations, the liability of n.v. Jonckershof will be limited in any case to a maximum of the agreed rent. Both parties agree to assess any damage on the basis of proved expenses and not to take any moral damage into account.
Liability for objects: The lessee-customer is liable to use the leased property with due diligence; that means, among other things, that he must use the leased property with care and for its intended purpose and that he must maintain it, that he is liable to report without delay and compensate for any damages caused by him and that he must clean the leased property before his departure. The number of persons allowed to occupy the leased property depends on the number of available beds. A fixed sum of 75 EURO will be deducted from the deposit for every person that was not allowed to occupy the property and for every night that the property is occupied too long. The lessee-customer is liable to inform n.v. Jonckershof in writing, within eighteen hours after the start of the term of lease, of any damages to the leased property and, if there is an inventory, of any damages to the objects listed in this inventory. The same is true for the tidiness of the leased property.
Complaints: In spite of our efforts and intervention, it is always possible that a lessee-customer has a legitimate complaint. This complaint must be notified immediately to n.v. Jonckershof to allow the latter to solve the problem without delay. Complaints are not accepted if n.v. Jonckershof is not informed within eight days after the departure of the lessee-customer.
Subdivision of the rent: When the leased property is a furnished bungalow or apartment, the rent indicated in the rental agreement is subdivided as follows: 90% for the immovable property and the remaining 10% for the furnishings, interior decoration and household goods (declaration pro fisco).
General: The lessee-customer is not allowed to sublease. He needs the written consent of n.v. Jonckershof to bring maximum one animal into the leased property for an extra price (see price list). The prices quoted in the lease were fixed on the basis of the charges and taxes levied at the time the lease was drawn up. In the event that these charges or taxes are increased by certain companies or by the authorities between the moment that the lease was drawn up and the starting date of the term of lease, n.v. Jonckershof reserves the right to increase the prices quoted in the lease proportionally. If the prices are actually increased by n.v. Jonckershof and if this increase exceeds 10% of the rent and possible expenses to be paid by the lessee-customer at the time the contract is drawn up, the lessee-customer shall have the right to terminate the contract unilaterally within one month following the notification of this price increase. In that case, he will be reimbursed for all expenses already incurred on account of the contract, without any damages. Only the Courts of Ostend have jurisdiction in any disputes, according to the principles of Belgian law which is exclusively applicable.
Deposit: In case of nonobservance of the rules of procedure and of the police regulations, damages will be charged. These damages are fixed at the amount of the deposit, without prejudice to the right to claim extra damages provided that the necessary probative documents are submitted.