General Terms
Article 1 - Definitions
In these general terms and conditions, the following terms are defined as follows:
Amarante: Amarante B.V., registered with the Chamber of Commerce under number 94095914 and based at Middelburgsestraat 66, 4461 EJ, Goes, acting as an intermediary.
Accommodation: An accommodation offered for rent by the owner and intended for recreational use, for which Amarante acts as an intermediary.
Rental Agreement: The agreement regarding the rental and letting of the property that is concluded directly between the owner (lessor) and the tenant. Amarante is expressly not a party to this rental agreement.
Intermediation Agreement: The agreement under which Amarante, acting on the instructions of the owner and/or tenant, facilitates the conclusion of the rental agreement.
Tenant: The person who rents, or intends to rent, an accommodation from Amarante’s listings.
Co-tenant: A person traveling with the tenant who makes use of the rented accommodation.
Owner: The legal owner(s) (or their representative/lessor) of the accommodation to be rented.
Property Manager: A contact person designated by the owner who performs management duties and/or handles the handover of keys on the owner's behalf.
Rental Price: The base rental price of the accommodation payable to the owner.
Total Amount: The rental price plus any additional amounts payable to the owner or to Amarante (acting as collection agent or intermediary).
Written Communication: Messages sent either by post or by email.
Article 2 - Applicability of General Terms and Conditions
These general terms and conditions apply to all offers, quotations, mediation services, and other services provided. Amarante reserves the right to unilaterally amend these general terms and conditions. Amarante will announce any amendments at least one month prior to their effective date via a written notice or on the Amarante website.
Article 3 - Nature of the Agreement and Role of Amarante
Amarante acts solely as an intermediary in the formation of the rental agreement between the owner (lessor) and the tenant. Amarante is expressly not a party to the rental agreement and does not rent out the accommodation for its own account or risk.
Accommodation reservations are made via the internet or by telephone. In the case of an online booking, the rental agreement between the owner and the tenant is concluded once Amarante—acting on behalf of the owner and following receipt of the booking form—has confirmed the booking by email and the down payment due to Amarante (acting as the owner's authorized collection agent) has been paid. For telephone bookings, the rental agreement is concluded in the same manner. Both booking methods are final and binding, meaning that cancellation incurs the cancellation fees described in Article 8.
Article 4 - Payment and Collection
Amarante collects the rental price and additional costs on behalf of and for the account of the owner.
- 30% of the total amount must be paid to Amarante within 3 days of the reservation date.
- The remaining 70%, plus any additional costs, must be paid to Amarante no later than 8 weeks before the start of the rental period.
- For reservations made within 8 weeks of the start of the rental period, the full invoice amount must be paid within 3 days of receiving the booking confirmation.
- For reservations made within 1 week of departure, the full invoice amount must be paid immediately; any bank charges incurred are to be borne by the tenant.
In the event of late payment, Amarante will send a written reminder on behalf of the owner. If the amount due has not been paid within 3 days of the date of the reminder, the owner (or Amarante on behalf of the owner) reserves the right to terminate or cancel the agreement. In such cases, the cancellation fees specified in Article 8 will be charged.
If the total amount due has not been paid by the day of arrival, the owner or property manager (or Amarante on behalf of them) is entitled to deny the tenant access to the accommodation, without prejudice to the owner's right to claim full payment of the agreed total amount.
Article 5 - Additional costs
Any additional costs—such as the security deposit, final cleaning fees, and tourist tax—must be paid on-site in cash (or via the specified method) to the owner/property manager or, if indicated on the invoice, paid in advance to Amarante (on behalf of the owner).
Article 6 - Use of the accommodation
The tenant must behave as a responsible tenant and use the accommodation solely in accordance with the usage instructions provided by the owner, property manager, and/or Amarante. Only the persons registered at the time of booking are entitled to use the accommodation. Use of the accommodation for commercial purposes (such as photo or video shoots) or for private events (such as weddings and receptions) is permitted only subject to conditions and with the written consent of the owner (or Amarante on behalf of the owner).
The tenant must adhere to the arrival and departure times specified on the voucher. For arrival or departure at times other than those specified, the tenant must contact the property manager or owner directly. Any costs resulting from deviations in timing shall be borne by the tenant.
Article 7 - Price and price changes
If additional costs arise after the agreed price has been established (for example, changes in government levies or local taxes directly related to the accommodation or the stay), these costs may be passed on to the tenant.
Prices published on the Amarante website are subject to price changes by the owner, as well as technical errors and obvious typographical errors.
Article 8 - Cancellation by the tenant
The tenant may cancel the rental agreement. In the event of cancellation by the tenant, the following cancellation fees apply:
- Cancellation after the accommodation has been booked: 30% of the agreed rental price; - Cancellation between 56 days prior to arrival and the day of arrival (or in the event of a no-show): 100% of the agreed rental price.
Amarante acts as an intermediary in the cancellation process on behalf of the owner. Amarante/the owner reserves the right to deviate from this scale if doing so is to the tenant's advantage.
Article 9 - Cancellation, modification, and force majeure
In the event of a modification or cancellation, Amarante acts solely as an intermediary between the owner and the tenant. Neither Amarante nor the owner is liable for damages or refunds if the fulfillment of obligations is prevented by force majeure.
Force majeure is defined as any circumstance beyond the control of the owner or Amarante, including (but not limited to) war (or the threat thereof), terrorism, natural disasters, extreme weather conditions, pandemics/health crises, government measures, fire, the death of the owner, or the unforeseen sale of the accommodation.
In the event of force majeure or compelling circumstances, Amarante will endeavor, on behalf of the owner, to offer the tenant a suitable alternative (such as replacement accommodation or rescheduling the booking). If no alternative is possible or the tenant does not accept one, a refund will be issued only to the extent that the owner releases or refunds the funds for this purpose. As an intermediary, Amarante is not liable for compensation for any other damages. If the tenant fails to act as a responsible tenant or causes serious nuisance, the owner/manager (or Amarante on behalf of the owner) has the right to terminate the rental agreement with immediate effect, without any right to a refund.
Article 10 - Liability
Amarante acts solely as an intermediary and is not the lessor of the accommodation. Amarante is in no way liable for the performance of the rental agreement by the owner or the manager.
Article 11 - Complaints
Complaints regarding the accommodation or the stay must be reported by the tenant immediately on-site to the owner or property manager, so as to provide them with the opportunity to resolve the issue. If the complaint is not resolved on-site, the tenant must contact Amarante within 48 hours. Amarante will act as an intermediary and make every effort to facilitate a solution between the tenant and the owner.
Complaints reported to Amarante for the first time only after the rental period has ended will not be considered. Early departure without prior consultation with the property manager/owner and Amarante precludes any right to a refund or compensation.
If a complaint is not resolved satisfactorily, it must be submitted in writing, stating the grounds, to Amarante (Middelburgsestraat 66, 4461 EJ Goes) within two weeks of the end of the rental period; Amarante will then submit the complaint to the owner.
Article 12 - Final Provisions
These General Terms and Conditions and Amarante’s intermediary services are governed exclusively by Dutch law. Any disputes between Amarante and the tenant shall initially be submitted to the competent court in Zeeland-West-Brabant (Middelburg location), unless mandatory law dictates otherwise.
