TinyParks Cast Away

GENERAL TERMS AND CONDITIONS TINYPARKS BV

1. Definitions

2. Applicability of general terms and conditions

3. Conclusion of the Agreement and Booking

4. Cancellation or modification of the Agreement

5. Financial Provisions

6. Obligations of the holiday maker and (co-)holiday maker

7. Accommodation and its use

8. Facilities (in or outside the Park)

9. Travel information

10. Complaints

11. Travel price and costs

12. Liability

13. Privacy

14. Applicable law and competent court

15. Other provisions Park regulations

Regulations groups and/or specific cases

1. DEFINITIONS

Arrival: the starting date of the period for which the Agreement has been entered into

between the holiday maker and the entrepreneur.

Accommodation: all vacation accommodations for recreational purposes (such as for

example a tent, (stationary) caravan, bungalow, apartment, camping pitch, etc.) whereby

the possible numbering or number indication of the Accommodation (cottage 1, cottage 2,

etc.) as included in the booking or the reservation or the Agreement only serves an

administrative purpose for the Operator. It is not an indication of the location of the

Accommodation in the Park. Recreant therefore cannot derive any rights from this

numbering or number indication. The Operator exclusively designates the location of the

Accommodation.

Accommodation Provider: the owner and/or the manager appointed by it of the

Accommodation to be issued in rental.

General Conditions: these conditions which apply to all Agreements concluded for the rental

of an Accommodation with the Accommodation Provider between Recreant and Operator.

Facilities: all facilities inside or outside the Parks which can be used on the basis of the

Agreement.

Guests: all persons who fall under the term Recreant and Co-Recipient and make use of the

Accommodation and/or Facilities of the Parks, as well as visitors to the Park.

Group: a minimum of 4 guests.

Co-creant: the persons registered by the Recreant at the time of booking and/or forming

part of the travel party.

Entrepreneur: the party with which the Recreant enters into an Agreement being TinyParks

B.V. but also its affiliated companies TinyParks Tiengemeten B.V. and TinyParks Drenthe B.V.

Agreement: the Agreement for the rental of an Accommodation including these General

Terms and Conditions.

Park: the park in which or on which an Accommodation is located.

Park Regulations: the regulations applied by the Accommodation Provider for the Park and

included in these General Terms and Conditions.

Recreant: the (legal) person who makes the booking and enters into the Agreement.

Travel Price: the rental price for the Accommodation including any discounts and excluding

any additional costs.

In writing: by letter or email.

Deposit: an amount charged as an advance payment for any damage/extra cleaning work,

which is caused during the stay by (the actions of) the Guest. Any outstanding items may

also be deducted from the Security Deposit. The Deposit will be refunded within 7 days after

departure, provided that the account number of the Guest is known and none of the

aforementioned situations occur.

Website: the website(s) of the Undertaker used to create the Agreement.

Where a definition is formulated in the singular, it also applies to the plural and vice versa.

2. APPLICABILITY OF GENERAL TERMS AND CONDITIONS

These General Terms and Conditions shall apply to all Agreements between Operator and

Recreant concerning the rental of Accommodations. These Conditions form an indissoluble

part of the Agreement.

3. REALIZATION OF AGREEMENT AND RESERVATION

An Agreement for the rental of an Accommodation is realized through offer and acceptance.

This Agreement can be concluded at the reception of the Park but also by means of a

reservation (online or by telephone).

An Agreement can only be entered into by a Recreant who is 18 years of age or older. If the

Recreant is younger than 18, the Operator may impose additional conditions.

If the Recreant's Co-Residents are under 18 years of age, the Recreant must accompany

those Co-Residents during the entire stay of those Co-Residents.

Accommodations may be reserved either online or by telephone. These two methods of

booking are binding on both parties.

The location of the Accommodation on the Park is assigned exclusively by the Operator. Any

numbering or number indication of the Accommodation (cottage 1, cottage 2 et cetera) as

included in the booking or reservation or the Agreement only serves an administrative

purpose for the Operator from which Recreant cannot derive any rights and which

numbering or number indication does not count as an indication of the location of the

Accommodation on the Park.

Online Booking:

- An Agreement is established if:

a. the Recreant agrees to these General Conditions;

b. the holiday maker completes all required data to make the reservation online and then

finalizes the reservation by clicking the button place your reservation, and;

c. the Operator has confirmed the reservation to the Recreant In Writing.

- Every receipt of a reservation made through the Website is confirmed by an e-mail to the

Recreant or at the urgent request of the Recreant by post, which means that the reservation

has been received and is being processed. This makes the reservation binding on the

Recreant.

- If the Recreant has not received a confirmation of receipt by e-mail, something may have

gone wrong with the booking and the Recreant should contact the Operator, no appeal of

the reservation can then be made yet.

Booking by telephone:

The Recreant can also make a reservation by telephone.

With a telephone reservation, an Agreement is established immediately.

Cost overview

After checking and processing the reservation, the Recreant will receive a cost overview

from the Operator by e-mail (or possibly at the request of the Recreant by mail). If this cost

summary is not received within 5 days of booking, the Recreant must contact the Operator,

earlier no claim can be made by the Recreant. Any inaccuracies in the cost statement must

be communicated to the Operator within 24 hours, failing which the accuracy of the cost

statement is established.

Right of withdrawal

Reservations made are irrevocably binding on the Recreant. A right of withdrawal (the socalled

cooling off period) as referred to in the Civil Code does not apply to services

concerning the rental of Accommodation.

Recreant

- The Recreant must be at least 18 years of age at the time of booking.

- The Recreant is liable for all Co-creants who are registered and accompany him/her and for

all Guests visiting the Recreant at the Park.

- All correspondence will be conducted through the Recreant's records.

4. CANCELLATION OR MODIFICATION OF THE AGREEMENT

Cancellation by Recreant

It may happen that one has to cancel the vacation due to unforeseen circumstances. In this

case, the Recreant must notify the Operator in Writing or by telephone (during office hours).

In most cases, a cancellation or change does incur costs.

After cancellation, the Recreant will receive a cancellation note from the Operator. This

invoice contains the costs of the cancellation.

In addition to the reservation- and eventual preferential costs (and possible premiums of the

insurances), the (co-)Recreant shall owe the following amounts to the Company:

- For cancellation up to the 92nd day (exclusive) before Arrival: 15% of the travel sum;

- For cancellation from the 92nd day (inclusive) to the 62nd day (exclusive) before Arrival:

50% of the travel sum;

- If cancelled from the 62nd day (inclusive) to the 31st day (exclusive) before Arrival: 75% of

the fare;

- For cancellation from the 31st day (inclusive) to 1 day (inclusive) before Arrival: 90% of the

fare;

- For cancellation on the day of Arrival or later: 100% of the travel price.

Cancellation by the entrepreneur

In case of force majeure or unforeseen circumstances, the Entrepreneur is entitled to cancel

the reservation. Unforeseen circumstances and force majeure include:

a. That the Accommodation is temporarily or temporarily no longer suitable for rental (for

example: due to flooding, frost, fire or default of the Accommodation Provider).

b. That the Accommodation may or may not be temporarily no longer available (for

example: due to a sudden sale of the Accommodation by the Accommodation Provider, a

double placed reservation or bankruptcy of the Accommodation Provider).

c. That the Accommodation in case of force majeure or unforeseen circumstances in not

reachable.

The Operator shall immediately inform the Recreant of this, giving reasons, by telephone or

in Writing. The Operator will then make every effort to offer an equivalent Accommodation

at the same Travel Price. If no suitable alternative offer can be made, or the Recreant does

not agree with the alternative offered, the Operator shall proceed to refund all or part of the

Travel sum already paid without the Operator owing the Recreant any compensation.

Changes

When a Recreant wishes to change an Agreement, this is possible up to 28 days before

Arrival.

After modification, the booking may not be cheaper than the original booking.

A modification fee may be charged for this modification(s).

Substitution:

If the entire booking is transferred to a third party, the Recreant must indicate this In Writing

to the Operator.

A change fee will be charged for this change(s).

Amounts already paid will count as having been paid by the acquiring party. The transferring

and transferee must further arrange the settlement between them. The Entrepreneur is

explicitly not a party to this.

5. FINANCIAL PROVISIONS

Payment

After confirmation of the reservation the amounts due will be paid: Within 2 days: 60% of

the invoice in accordance with the fee schedule. The other 40% needs to be paid 7 days

before arrival.

The total amount of the cost statement must always be paid in full before Arrival.

Failure to pay within the payment period

If the Operator has not received payments on time or in full, he is entitled to rescind (cancel)

the Agreement and hold the Recreant liable for the cancellation costs. The cancellation costs

will be deducted from the amounts already paid.

6. OBLIGATIONS OF THE HOLIDAY MAKER AND THE (CO-)HOLIDAY MAKER

The holiday maker and fellow holiday maker and their possible Guests shall fully comply with

the obligations contained in these General Conditions and the Park Regulations.

Failure to fulfill these obligations qualifies as an attributable failure to perform the

Agreement on the basis of which the Recreant shall be liable to pay damages to the

Operator. Moreover, this entitles the Operator to dissolve the Agreement.

(USE) ACCOMMODATION

State of the Accommodation and nature of use

- The Accommodation is made available to the (co-)Recreant in good condition. Should the

(Fellow) Recreant believe that this is not the case, he must immediately report this to the

reception desk of the Park, failing which the Accommodation shall be deemed to have been

delivered in good condition.

- Recreant shall be obliged to treat the Accommodation and its inventory with due care (with

due diligence). Recreant shall leave the Accommodation in a clean and tidy condition upon

departure. All damage done by the Recreant or co-creant to the Accommodation must be

reported by the Recreant before departure to the reception desk of the Park and must be

compensated immediately. If and as far as direct compensation is impossible, the damage

will be compensated no later than 7 days after competition of the amount thereof.

- If the Accommodation is not left in a tidy condition, not clean or damaged, the

Entrepreneur shall be entitled to offset his damage against the deposit. E.g. €10 for leaving

rubbish behind, €7.50 mattresses moved, €5 for not picking up beds, dirty dishes €5 or €25

for extreme soiling.

- The Accommodation may only be used by the Recreant for recreational purposes, unless

expressly agreed otherwise in Writing. Recreational purposes shall in any case not include

the use by the Recreant or Co-creants or their Guests during the period that one or more of

the users of that Accommodation(s) is carrying out work regardless of whether it is paid or

unpaid and regardless of whether it takes place in employment or outside employment from

or in the Accommodation(s). Permanent occupancy is not permitted in any way.

Maximum permitted persons.

The use of the reserved Accommodation with more than the maximum number of persons

allowed for the Accommodation (including children and babies) as stated on the Website is

not permitted. The Operator can in this case deny the (co-)Recreant the use of the

Accommodation. The latter will not be entitled to a refund of the costs made.

It is not permitted to receive visitors or to let them stay overnight without prior permission

from the entrepreneur.

Pets

Pets are allowed only if expressly approved.

- Notification of pets after reservation will be considered an alteration.

- The unnotified bringing of pets may be cause for the Operator to refuse access to the Park

and/or the Accommodation.

- There are additional (cleaning) costs associated with bringing pets.

- Pets must at all times demonstrably meet the health and vaccination requirements that

apply in the country in which the Accommodation is located. Not meeting these

requirements or not being able to prove that these requirements are met, can be reason for

the entrepreneur to not allow the pet in the Accommodation or the Park.

The Recreant is and remains at all times liable for damage caused by the pet to the

Accommodation or the Park.

8. FACILITIES (IN OR OUTSIDE THE PARK).

Opening hours and costs

In the description of the Accommodation on the Website and/or the Welcome Booklet or

the booking confirmation, information is provided about the Facilities that are offered,

stating the opening hours and any costs. If no costs are mentioned for the use of Facilities,

this does not mean that the use of these Facilities is free of charge.

The use of the facilities offered is entirely at your own expense and risk. Operator is not

liable for the Facilities offered by it or on its behalf, such as supping, sauna or hot tub or

rental of e-choppers.

9. COMPLAINTS

Despite all care taken by the Entrepreneur and her staff, it is possible that you are not or not

entirely satisfied. If the holiday maker has a complaint during his stay at the Park, this can be

reported to the reception and/or the manager of the Park in order to give the entrepreneur

the opportunity to solve this complaint as soon as possible. If the parties reach a solution

this will be included in a complaint form.

If the complaint is not satisfactorily resolved, up to two weeks after returning home the

complaint can be submitted In Writing via contact@tinyparks.nl or by mail to TinyParks B.V.,

Vrieslantlaan 6, 3526AA Utrecht. This should include a detailed description of the complaint,

any booking number, the Guests' contact details and any other information that may be

necessary or useful to the Entrepreneur in handling the complaint.

10. TRAVEL PRICE AND COSTS

- A combination of discounts is not possible.

- The Company reserves the right to change the Travel Price if increases in government levies

or taxes warrant it.

- Any discount offers do not apply to existing/already made Reservations.

11. LIABILITY

- The Operator and Accommodation Provider are not liable for loss and/or theft (including

money), damage to property, damage or injury caused to the (Co) Recreant due to any cause

whatsoever.

- The use of the Accommodation and of all Facilities and services at the Park is at the sole

risk of the (co-)Recreant.

- The Operator accepts no liability for unexpected (construction) activities in the vicinity of

the reserved Accommodation, work on access and/or main roads, noise nuisance caused, for

example, by neighbors, church bells, fireworks, cars, trains or agricultural machinery,

nuisance caused by vermin and environmental problems in the vicinity of the Park and/or

the Accommodation.

- The (Co)Recreant is deemed to be aware of local laws and regulations. The Operator is not

liable for the consequences of any violation thereof by the (Co)Recreant.

Liability of the Recreant

- During the stay, the Recreant (together with the Co-creant and Guests) is liable for the

damage caused during the stay to the Accommodation, its furnishings and all items

belonging to the booked Accommodation regardless of by whom the damage was caused.

The settlement of this damage shall initially be between the Accommodation Provider and

the Guest. Recreant, co-creant and Guests are jointly and severally liable for the damages

suffered by the Accommodation Provider.

12. PRIVACY

You will receive a reference to the privacy statement of the Operator in your fee schedule

and can be found on the website. If either Recreant, or Co-recipient and/or their Guests

happen to be in a photo or video that was (taken) for representation in a publication (social

media) of the Entrepreneur and/or for display on the website of the Entrepreneur, their

consent to the use of the photo and/or video in the publication (social media) and/or the

website is (are) presumed, even if he/she is recognizable in the photo and/or video. No

further rights can be derived from the images in.

13. APPLICABLE LAW AND COMPETENT COURT

- Dutch law is applicable to the Agreements entered into, amended or supplemented on the

basis of these General Terms and Conditions, unless other law applies on the basis of

mandatory rules.

- Disputes concerning the Agreement may only be submitted to the competent court in the

Central Netherlands, location Utrecht. In the event that the Recreant is a natural person not

acting in the exercise of his profession or business, the Recreant shall be granted a period of

at least one month after the Entrepreneur has invoked this provision in Writing to choose, in

writing, the competent court according to law to settle the dispute.

14. OTHER PROVISIONS

The Recreant is obliged and responsible for providing the correct contact details and must

inform the Company immediately of any change in his contact