De Tulpenacker

Terms and Conditions

RECRON-CONDITIONS
These RECRON-conditions have been adopted through consultation with Consumentenbond and ANWB, in the context of the
self-regulatory consultations ‘Coördinatiegroep Zelfreguleringsoverleg’ (CZ) of the socio-economic council SER, and they
have come into effect on 1 July 2016.

Article 1: Definitions
In these conditions, the following definitions apply:
a. Vacation accommodation: tent, fold-out camping van,
camping van, (permanent) caravan, bungalow, summer
home, trekking cabin, and the like;
b. Entrepreneur/recreation
maker: the company, institution, or association making available the vacation
accommodation to the recreation taker;
c. recreation taker: the person entering into the agreement
regarding the vacation accommodation;
d. co-recreation taker: the person(s) co-indicated on the
agreement;
e. third party: any other person besides the recreation taker
and/or his co-recreation taker(s);
f. established price: the compensation which is paid for the
use of the vacation accommodation; It must thereby be
indicated on a price list what is and what is not included in
the price;
g. costs: all costs for the entrepreneur related to the exercise
of the recreational business;
h. information: written/electronic information on the use of
the vacation accommodation, the facilities and the rules
regarding the accommodation;
i. arbitration committee: ‘Geschillencommissie
Recreatie’, sectorial arbitration committee in The Hague,
appointed by ANWB/Consumentenbond/ RECRON;
j. cancellation: the written termination of the agreement by
the recreation taker prior to the effective date of the stay.
k. a dispute: if a complaint submitted by the recreation taker
to the entrepreneur is not resolved to the satisfaction of
parties.

Article 2: Content agreement
1. The entrepreneur makes available for recreational
purposes, that is, not for permanent residence, to the
recreation taker, a vacation accommodation of the kind or
type agreed on, for the established period and the
established price.
2. The entrepreneur is obligated to provide the written
information on the basis of which this agreement is also
concluded to the recreation taker in advance. The
entrepreneur always timely communicates changes to it to
the recreation taker in writing.
3. If the information deviates substantially from the
information which was provided upon adoption of the
agreement, the recreation taker has the right to cancel the
agreement free of charges.
4. The recreation taker has the obligation to comply with the
agreement and the associated information. He makes
sure that co-recreation taker(s) and/or third parties visiting
him and/or staying with him comply with the agreement
and the associated information.
5. If what is stipulated in the agreement and/or the
associated information is in conflict with the RECRON-
conditions, the RECRON-conditions apply. This leaves
unaffected that the recreation taker and the entrepreneur
can make additional arrangements whereby, to the
advantage of the recreation taker, these conditions are
deviated from.

Article 3: Duration and end of the agreement
The agreement legally ends after expiry of the established period,
without requiring notice to that effect.

Article 4: Price and price change
1. The price is established on the basis of the rates
applicable at that moment, which are set by the
entrepreneur.
2. If after determining the established price, due to increased
burdening on the entrepreneur, extra costs occur as a
result of a change to charges and/or levies, which regard
the vacation accommodation or the recreation taker
directly, these can be passed on to the recreation taker,
also after conclusion of the agreement.

Article 5: Payment
1. The recreation taker must take care of payments in euros,
unless agreed otherwise, with due regard for the
established terms.
2. If the recreation taker, despite prior written warning, does
not or does not adequately fulfill his payment obligation
within a two-week term after the written warning, the
entrepreneur has the right to cancel the agreement with
immediate effect, without prejudice to the right of the
entrepreneur to full settlement of the established price.
3. If the entrepreneur is not in possession of the total amount
owed on the day of arrival, he has the right to refuse the
recreation taker access to the vacation accommodation,
without prejudice to the right of the entrepreneur to full
settlement of the established price.
4. Such extrajudicial costs as are reasonably incurred by the
entrepreneur, after default notice, are borne by the
recreation taker. If the total amount is not settled timely,
after written warning the legally determined interest rate
will be applied to the amount still outstanding.

Article 6: Cancellation
1. In case of cancellation, the recreation taker pays
compensation to the entrepreneur. It amounts to:
- In case of cancellation more than three months prior to
effective date, 15% of the established price;
- In case of cancellation between three to two months
prior to effective date, 50% of the established price;
- In case of cancellation between two to one months
prior to effective date, 75% of the established price;
- In case of cancellation within one month prior to
effective date, 90% of the established price;
- In case of cancellation from the effective date, 100% of
the established price.
2. The compensation will be refunded proportionally, after
deduction of administration costs, if the place is reserved by
a third party, upon proposal of the recreation taker and with
the written permission of the entrepreneur, for the same
period or a part of it.

Article 7: Use by third parties
1. Use of the vacation accommodation by third parties is only
permitted if the entrepreneur has given its written consent
for it.
2. The granting of permission may be subject to conditions,
which in that case must be established beforehand in writing.

Article 8: Premature departure recreation taker
The recreation taker owes the full price for the established rate
period.

Article 9: Premature termination by the entrepreneur and
evacuation in case of a culpable shortcoming
and/or illegitimate act
1. The entrepreneur can cancel the agreement with
immediate effect:
a. If the recreation taker, co-recreation taker(s) and/or third
parties do not or do not adequately observe the obligations from the
agreement, the associated information and/or government
regulations, despite prior written, and to such a degree that, by
standards of reasons and fairness, it cannot be demanded from
the entrepreneur that the agreement is continued;
b. If the recreation taker, despite prior written warning, causes
disturbance to the entrepreneur and/or fellow recreation takers
or to the good atmosphere on, or in the immediate surroundings
of, the premises;
c. If the recreation taker, despite prior written warning, uses the
vacation accommodation in violation of the end-use of the
premises.
2. If the entrepreneur wishes premature cancellation and evacuation,
he must notify the recreation accordingly by personally handing
over written notice. In this letter, the possibility must be pointed out
to the recreation taker of submitting the dispute to the arbitration
committee. The written warning can be foregone in urgent cases.
3. After cancellation, the recreation taker must make sure that the
vacation accommodation is evacuated, and the premises left as
soon as possible, though no later than within 4 hours.
4. The recreation taker remains bound in principle to pay the
established rate.

Article 10: Legislation and regulations
1. The entrepreneur ensures at all times that the vacation
accommodation, both on the inside and the outside, meets all
environmental and safety standards which are (potentially)
imposed on the vacation accommodation by the authorities.
2. The recreation taker is obliged to strictly observe all safety
regulations which are effective on the premises. He also ensures
that co-recreation takers and/or third parties who visit him and/or
stay with him strictly observe the safety regulations which are
effective on the premises.

Article 11: Maintenance and installation
1. The entrepreneur is obligated to maintain the recreational
premises and the central facilities in proper conditions.
2. The recreation taker is obligated to keep the vacation
accommodation and the immediate surroundings, during the
effective time of the agreement, in the same state in which it was
handed over to the recreation taker.
3. It is not permitted to the recreation taker, co-recreation takers
and/or third parties to dig, fell trees, prune shrubbery, or conduct
any such activity on the premises.

Article 12: Liability
1. The legal liability of the entrepreneur for other than damage
regarding injury and death is limited to a maximum of
€ 455,000 per event. The entrepreneur is obligated to take out
insurance for this.
2. The entrepreneur is not liable for an accident, theft, or damage on
his premises, unless this is the result of a shortcoming which is
attributable to the entrepreneur.
3. The entrepreneur is not liable for the consequences of extreme
weather conditions or other forms of force majeure.
4. The entrepreneur is liable for malfunctions in the utilities facilities,
unless he can make an appeal to force majeure.
5. The recreation taker is liable towards the entrepreneur for damage which
is caused by the actions or failure to act on his part, the part of co-
recreation taker(s) and/or third parties, to the extent it regards
damage which can be attributed to the recreation taker, the co-
recreation taker(s) and/or third parties.
6. The entrepreneur commits himself to take appropriate measures
after the recreation taker reports disturbance caused by other
recreation takers.

Article 13: Disputes arrangement
1. The recreation taker and the entrepreneur are bound by rulings of
the arbitration committee.
2. To all disputes regarding the agreement, Netherlands legislation is
applicable. The arbitration committee, ‘Geschillencommissie’, or
alternatively a Netherlands court, is exclusively competent to hear
these disputes.
3. In case of a dispute regarding the adoption or the implementation
of this agreement, the dispute must be submitted no later than 12
months following the date on which the recreation taker submitted
the complaint to the entrepreneur in writing or in another form to be
determined by the arbitration committee.
If the entrepreneur wishes to submit a dispute to the arbitration
committee, he must request the recreation taker to pronounce
himself within five weeks on whether or not he wishes to present
himself for the arbitration committee. The entrepreneur must
thereby announce that he will consider himself liberated after
expiry of said term.
Wherever the conditions speak of arbitration committee, a dispute
may be submitted to the court of law. If the recreation taker has
submitted the dispute to the arbitration committee, the
entrepreneur is bound by this choice.
4. For the handling of disputes, reference is made to the Regulation
of said ‘Geschillencommissie Recreatie’. This arbitration committee is
not competent to take into consideration a dispute which regards
illness, injury, death or non-payment of an invoice which is not based
on a material complaint.
5. For the treatment of a dispute, compensation is due.

Article 14: Compliance guarantee
1. RECRON will second the obligations of a RECRON-member vis-a-
vis the recreation taker, imposed on the latter by a binding advice
of the arbitration committee, under the conditions established
between RECRON and ‘Stichting Geschillencommissie voor
Consumentenzaken’, if the entrepreneur in question has not
complied with it within the term established for it in the binding
advice.
2. If the entrepreneur has submitted the binding advice for
assessment to the civil court within two months after its date of
issue, then the possible compliance with the binding advice is
suspended until the civil court has pronounced a ruling.
3. For the application of the compliance guarantee it is required that
the recreation taker makes a written appeal to it to RECRON.

Article 15: Modifications
Modifications to the RECRON-conditions can exclusively be adopted
through consultation with consumer organizations, in the present case
represented by ANWB and Consumentenbond.