Rental conditions 2019 - Practical-info

 

Rental conditions 2019

Valid from 5 January 2019 to 4 January 2020.

1. Tenancy agreement
The tenancy agreement is a mediation agreement, which regulates the rental of the holiday home booked. The rented holiday home is not owned by Sol og Strand Feriehusudlejning A/S (hereafter referred to as Sol og Strand), but by third party. The mediation agreement is concluded directly between the tenant and Sol og Strand but at the expense of the individual home owner. The agreement is binding. The tenancy agreement covers the holiday home in question and all of the accessories as stated in the description of this. The holiday home shall not, without special permission given, be inhabited by more persons than the number specified in the description. At the conclusion of the tenancy agreement tenant declares to be aged 18 years and to be of age.

In case the tenant, in connection with the entering of the tenancy agreement, signs an agreement about buying other services - like for example admission tickets for amusement parks and cultural events or ferry tickets, we are dealing with separate agreements with the suppliers of the services in question. Lacks or delays in relation to these services do not under any circumstances allow the tenant to make remedy for breach of contract in relation to the tenancy agreement with Sol og Strand.

2. Cleaning and damages
The tenant is contractually obliged to clean the holiday home and to leave it clean and tidy at the end of the tenancy. Any necessary cleaning can be carried out at the tenant’s expense. The final cleaning of the holiday home can be ordered with Sol og Strand against payment. For the sake of the owner of the rented holiday home, the tenant is not allowed to assign the said cleaning obligation to third parties.

The tenant is responsible for everything that belongs to the holiday home, and is furthermore obliged to replace all possible self-inflicted damages, which occur on the holiday home, its fixtures and furniture during the stay. However, reference is made to the conditions in relation to the valid home and liability insurance that was contracted together with the tenancy, cf. article 10.1.3.

Should any damages occur on the holiday home, its fixing or furniture during the stay, the tenant is obliged to notify Sol og Strand immediately. The tenant must report to the nearest Sol og Strand local office - the address, e-mail and telephone number are stated on the tenancy agreement. Damages/defects, which are discovered after the tenant’s departure, will be corrected at the tenant’s expense, unless there is insurance coverage of this, cf. article 10.1.3.

3. Insurance of the tenant
With regard to this agreement, no form of insurance has been taken out by Sol og Strand to cover personal injury, which may occur to the tenant and his companions during the rental period. Nor is there insurance coverage for any damages to the belongings of the tenant and/or his/her travel partners through Sol og Strand during the tenancy.

4. Force majeure
In the event of force majeure, strikes and epidemic illness, as well as oil/petrol restrictions or similar, Sol og Strand can terminate the tenancy with immediate effect.

5. The rights of Sol og Strand
In the following cases, Sol og Strand reserves the right either to repay the paid-up rent or to find alternative accommodation:

  • Breach of contract from the owner of the rented holiday home in relation to Sol og Strand
  • Booking error
  • Errors/misprints.

6. Payment terms
The tenancy agreement is confirmed and binding by the 1st payment. The due date for the punctual payment of the 1st instalment and perhaps the 2nd instalment appears from the tenancy agreement. A key for the rented holiday home will not be handed over unless the tenant has documentary evidence that the full rent amount has been paid.

In connection with the collection of a deposit by the signing of an agreement, a deduction, corresponding to the costs of the electricity, the telephone, the oil and the water consumption as well as any damages, caused by the tenant, will be made.

The remainder of the deposit will reach the tenant no later than 2 weeks after the end of the tenancy. In case of damages, caused by the tenant, or other disputes this period can stretch over more than 2 weeks. If the deposit amount does not cover established compensation and perhaps compensation for damages, stated, a bill for the remainder of the amount will be submitted to the tenant.

7. Price calculation
From Sol og Strands part the prices are fixed with reservations for fees, which are imposed upon the provision of the agency, as price adjustments cannot be made with a time limit of 4 months after the signing of the agreement. Sol og Strand rents out the holiday homes, which are presented on the website of the company, and the information about the houses are provided to the best knowledge and belief.

8. Complaints
Complaints regarding omissions in the holiday home must be reported to the nearest local office – the contact information appears from the tenancy agreement. Complaints during the stay can only be reported by telephone or by personal enquiry. The tenant is obliged to give Sol og Strand a fair time limit for repairing any omissions and to contribute to avoid worsening of the damages and minimise any loss for Sol og Strand. If the mending is not satisfactory, please report this to Sol og Strand IMMEDIATELY.

Right to complain
In case you fail to find a common solution, a complaint can be submitted to the appeals board:

Ankenævnet for Feriehusudlejning
Amagertorv 9, 2
DK-1160 København K
Tel. +45 20 36 22 44
E-mail: info@ankenaevnferiehus.dk.

Ankenævnet for Feriehusudlejning is a private and authorised appeals board, established by The Consumer Council in Denmark as well as the trade organization for holiday home distributors.

Alternatively, the online complaint portal of the EU commission http://ec.europa.eu/odr can also be used for filing a complaint.

9. Termination of tenancy agreement
The tenant can terminate the tenancy agreement before the start of the tenancy. For reasons of evidence we recommend that the termination is sent to Sol og Strand by registered letter. If the termination is sent by e-mail, it will not be regarded as received until Sol og Strand confirms the reception to the tenant. The termination is valid from the day, when it is received by Sol og Strand. In that case Sol og Strand is entitled to demand a fair compensation, and the following will be demanded without further piece of evidence:

  • 70 days before arrival: 20 % of the total rent, minimum EUR 70.
  • 69 to 35 days before arrival: 33 % of the total rent, minimum EUR 70.
  • 34 to 14 days before arrival: 75 % of the total rent, minimum EUR 70.
  • From 13 days before arrival: 90 % of the total rent, minimum EUR 70.

Conveyance of rental agreement
The tenant is allowed to transfer the rental agreement to another tenant – against an expedition handling charge of EUR 70. The information regarding this must be given in writing from both involved parties to Sol og Strand.

10. Security insurance
As a mandatory part of the tenancy agreement, the following security insurance has been signed:

10.1. Cancellation, interruption, contents/liability as well as on-call GP
The premium is included in the rent price.
The insurance covers the persons, who are stated in the tenancy agreement with Sol og Strand as well as any fellow travellers. The persons in question are termed ”The insured” below.

The insurance covers from the total payment of 1st instalment to Sol og Strand and until the beginning of the rent period (the time of the beginning is defined on the tenancy agreement). However, the coverage for cancellation, interruption, contents/liability and on-call GP is valid until the end of the tenancy (the expiry is defined in the tenancy agreement).
The insurance has been taken out with:

Gouda Rejseforsikring
A. C. Meyers Vænge 9
DK-2450 København SV
Tel. +45 88 20 88 20
Fax +45 88 20 88 21
E-mail: gouda@gouda.dk
www.gouda.dk

A part of the group Gjensidige-gruppen
Insurance company: Danish branch of Gjensidige Forsikring ASA, Norway ORG-no. 995 568 217
From 1st November 2013 the activities of Gouda Rejseforsikring in Denmark were acquired by Gjensidige Forsikring ASA, Norway, and continue as a part of the Danish group Gjensidge. The travel insurance Gouda Rejseforsikring has since 1994 been administered by Nordisk Forsikrings Service. Nordisk Forsikrings Service A/S is a subsidiary, which is 100 % owned by Gjensidige Forsikring ASA, Norway.
PLEASE NOTE: When an accident occurs, Sol og Strand must be reported about this immediately. After registration of the claim Sol og Strand forward the claim form to Gouda, which handles the claim and disburses a possible compensation.
Insurance fee is paid according to law on duty on non-life insurances.


10.1.1. Cancellation
10.1.1.1. Which damages does the insurance cover?
The insurance covers when the planned completion of the stay in the rented holiday home is not possible in consequence of the fact that The insured or a risk person (risk person = Close relative of The insured and/or a person, who has underage children or relatives, who require care in his/her guardianship) are affected by one of the below incidents:

  • Death
  • Severe acute disease
  • Severe injury
  • Acute impairment of existing disease
  • Vaccination intolerance
  • Pregnancy occurred in the insurance period
  • Significant damage of property in consequence of fire, natural incidents or vandalism
  • Unexpected dismissal from full-time job
  • Initiation of a new job, in case the person was out of work, when he/she booked the stay, and the employment agency has approved the tenancy.

10.1.1.2. What does the insurance cover?
1. If the stay is not commenced, the insurance covers the costs that The insured must pay to Sol og Strand according to the rental agreement.
2. In case of delayed arrival for the stay in consequence of causes, mentioned in article 10.1.1.1., the insurance covers the unused days of holiday with the price of the journey per day. The day is not considered unused unless the arrival takes place after 12 p.m. the following day.
3. By delayed arrival, caused by a delay with public transport for more than 2 hours, the insurance covers the documented extra costs for commencement of the tenancy – maximum up to the costs of cancellation of the whole stay.

10.1.1.3. Conditions in case of injury
It is a condition for Gouda’s liability to compensate that The insured acts in this way towards Sol og Stand:
1. Immediately after the commencement of the insurance The insured must cancel the stay and forward the tenancy agreement.
2. From the attending physician The insured must provide a doctor's note with a diagnosis (paid by The insured). Furthermore, The insured must on request give the doctor from Gouda access to all relevant medical records, including information about former courses of a disease. In case of interruption The insured must seek medical attention on the spot before departure. In case of death, the death certificate must be enclosed.
3. The insured forwards a dismissal in case of redundancy from a full-time job.
4. The insured forwards a confirmation from the employment agency with accept of the booked stay as well as the new contract of employment as evidence of the new working conditions.

10.1.1.4. Exception
The insurance does not cover expenses for hotels and transportation, paid in advance, in connection with delayed appearance.

10.1.2. Interruption
In case of interruption of a holiday stay as a consequence of causes, mentioned in article 10.1.1.1., the insurance covers the unused days of holiday with the price of the stay per day. By interruption after 12 p.m. compensation will be disbursed from the day after. Furthermore, the insurance covers non-used transport.

10.1.3. Contents/liability
10.1.3.1 Insurance money
The insurance covers with up to DKK 75,000 for damages on furnishings, emerged during the insurance period. However, damages on windows, basins and kitchen table tops alone are covered with up to DKK 8,000.

10.1.3.2. The extent of the coverage
The insurance covers the liability for damages the The insures, with reference to the standard rules regarding compensation beyond contract, suffers for damages, caused during the insurance period on the furniture in the rented holiday home, including damages on windows, basins and kitchen table tops.

10.1.3.3. Exceptions
The insurance does not cover
1. normal abrasion, scratches, contamination or progressive deterioration,
2. theft, committed by The insured or his/her guests,
3. damages, caused by The insured with intent,
4. damages, provoked by The insured under self-induced drunkenness or under self-induced influence of narcotics or
5. damages, caused by pets. However, this exception does not apply to the dog of The insured,
6. damages on bicycles and boats, including windsurfers, surfboards, canoes and kayaks as well as parts for these,
7. cosmetic damages on basins, including whirlpools,
8. damages on swimming pools and water.

10.1.3.4. Excess
An excess of EUR 70 per damage must be paid.

10.1.3.5. Calculation of compensation
1. Items, which are documented to be less than 2 years old, and which moreover were intact before the damage occurred, are compensated with the replacement price for corresponding new items.
2. For items, which are more than 2 years old, the compensation is estimated on the basis of the price of a corresponding new item with a deduction of 10 % per year or part thereof from the time, when the item was bought. The compensation for these items will as a minimum amount to 20 % of the replacement value.
3. Gouda can choose to let the damaged items be repaired or disburse an amount, corresponding to the decrease in value.
4. Gouda is entitled, not obliged, to replace in goods.

10.1.3.6. Confirmation of compensation claim
Gouda is alone obliged to pay for the expenses that are defrayed in connection with Gouda’s acceptance. The recognition of The insured or the payment of compensation claim do not oblige Gouda. By accepting the compensation claim, The insured risks having to pay for him/herself.

10.1.3.7. Conditions in case of damages
In every case of damage The insured must report this to Sol og Strand immediately and enclose the required documentation. By damages of furniture The insured must acknowledge the damage concerned.

10.1.3.8. Overlapping of insurance
The insurance does not cover the expenses, which are covered by another insurance.

10.1.3.9. Remedy
If a damage is included in the property insurance, the tortfeasor’s liability for damages is repealed according to Danish Liability for Damages Act and with that the liability insurance coverage, unless the damage is caused intentionally or due to severely negligent behaviour.

10.1.4. On-call GP
During the stay The insured has access to Gouda’s 24-hours on-call GP both regarding slight and serious diseases. By contacting the alarm centre of Gouda, The insured can receive advice and guidance about medical treatment and medicine.

Gouda Alarm
Tel. +45 33 15 60 60
Fax +45 33 15 60 61
E-mail: alarm@gouda.dk

10.1.5. General conditions
10.1.5.1. Complaints
In case that The insured - after having discussed a given case with Gouda - does not agree with Gouda’s claims handling or the result from this, a complaint can be addressed to the person responsible for damages with Gouda:

Gouda Rejseforsikring
Att.: Den klageansvarlige enhed
A. C. Meyers Vænge 9
DK-2450 København SV
E-mail: klage@gouda.dk

Adjudications as a result of Gouda’s complaint claims handling can be appealed against the appeals board for insurance:
Ankenævnet for Forsikring
Anker Heegaardsgade 2
DK-1572 København V
Tel. +45 33 15 89 00
(weekdays between 10 a.m. and 1 p.m.)

By filing of a complaint a special complaint form, which can be requested by the appeals board for insurance, must be used. Furthermore, it is possible to make a complaint online. Moreover, we refer to www.ankeforsikring.dk.

10.1.5.2. Venue
Lawsuits against Gouda can be presented in the jurisdiction of the Insured or by the Danish district court or the supreme court Østre Landsret in Copenhagen, Denmark.

10.1.5.3. Definitions
Acute illness/injury
An acute illness/injury, eligible for cover, should be understood as a new illness/injury, a reasonable suspicion of a new illness or an unexpected impairment of an existing illness or chronic disease.
Furniture
Movable items, which normally belong to the holiday home, like e.g. music centre, TV, video/DVD-player, paintings, non-fixed lamps, fixed line phone, garden utensils, kitchen equipment and movable rugs.
Window and basin coverage
Damages on the windows, ceramic range, toilet pans, cisterns, wash basins, whirlpools and normal bathtubs of the building.
Close relatives
Close relatives should be understood as spouse, cohabiting partner, children, stepchildren, foster children, grandchildren, parents, stepparents, foster parents, grandparents, siblings, stepsiblings and foster siblings.
Fellow traveller
A person, who has planned to participate in the tenancy together with The insured.
Price per day
The rent amount, divided with the duration of the stay (arrival day and departure day are regarded as one day).

11. Applicable law and venue
The rent conditions are regulated according to Danish law, and disputes in connection with the contractual conditions should also be determined according to Danish law. Venue: The jurisdiction, in which the rented house is located.

12. Right of withdrawal
No right of withdrawal, according to the consumer protection regulations § 17, as it concerns booking of accommodation in a holiday home. However, it is always possible to denounce the agreement, see article 9.

13. Additional
We refer to Practical Info on the website of Sol og Strand.


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