Terms and Conditions
Article 1. Definitions
In these Terms and Conditions, some words or word combinations start with a capital letter. Those words or word combinations have the meaning as set out in this paragraph, regardless whether the words or word combinations are used in singular or plural form.
1.1. Amount: the for the Short Stay agreed upon amount in Euros.
1.2. Agreement: the agreement for Short Stay between Short Stay Provider and You.
1.3. Booking: the reservation You make through Our Website for a Short Stay.
1.4. Consumer: a person not acting in the course of a profession or business.
1.5. General Terms and Conditions: these general terms and conditions.
1.6. Listing: the description of a Property, including pictures, on Our Website available for a Short Stay.
1.7. Property: the apartment, house or (hotel) room available for a Short Stay.
1.8. Short Stay Provider: the owner, landlord or operator of Properties, with whom We entered into an agreement to list its Properties on Our Website.
1.9. Short Stay: the by You desired period of a short stay, in a by You desired Property.
1.10.You: you (might also be used as your in case We need to refer to you possessively)
1.11. We: the Dutch limited liability company Short Stay Citizens B.V., registered under number 66145252 at the Chamber of Commerce in Rotterdam, the Netherlands (might also be used as our(s) in case we need to refer to us possessively, or might be used as us, in case we need to refer to us as an indirect object).
1.12. Website: Our website accessible at the URL https://shortstaycitizens.com
Article 2. About these General Terms and Conditions and the nature of Our services
2.1. These General Terms and Conditions are applicable to: (i) the use of Our Website by You; (ii) Your Booking for a Short Stay; (iii) any additional service We may offer through or outside the Website.
2.2. You acknowledge that our Website is a platform bringing Short Stay Providers and Short Stay citizens together and that We are therefore never a party in the actual agreement regarding a Short Stay between You and the Short Stay Provider. Therefore WE CANNOT BE HELD RESPONSIBLE NOR LIABLE FOR THE SHORTCOMINGS OR BREACHES OF SHORT STAY PROVIDERS. We therefore merely act as an intermediary. The Booking You make through Our Website is a reservation for the desired Short Stay. Checking in at or with the Short Stay Provider will lead to an agreement between You and the Short Stay Provider. For every Listing We have on Our Website, We inform You about the terms the Short Stay Provider uses. By accepting Our Terms and Conditions during the Booking process, You also accept any terms of the Short Stay Provider.
2.4. You hereby warrant that the data You enter during the Booking process on Our Website is valid and true. You indemnify Us for possible claims regarding non-valid or untrue data.
Article 3. Your responsibilities
3.1. It is -among others- your responsibility to: (i) get the proper residence permits, visas and/or waivers to travel to, and stay in, the desired location of Your Short Stay; (ii) check whether You need to enroll as a resident of the municipality in which the desired Property is located; (iii) to check what sort of (additional) taxes You are subject to; (iv) to check whether you have a proper insurance in place covering Your risks, such as statutory liability in case You break something.
3.2. We are part of a group of companies helping expats with several things. Upon the first request of You, we can refer You to one of those companies to help You with the responsibilities as mentioned in the previous paragraph.
3.3. Furthermore, it is Your responsibility to behave at the location of the Short Stay Provider in a normal fashion. We would not like to see Our relationship with a Short Stay Provider broken up, due to an unruly visitor.
Article 4. Payment
4.1. The prices We show on Our Website are always including V.A.T. and/or sales tax. However, be aware of the fact that in some cases and/or jurisdictions. Your Short Stay may be subject to (local) taxes, such as tourist tax. The Short Stay Provider will inform You about those taxes at arrival and may charge You those at once.
4.2. We collect the Amount for the Short Stay on behalf of the Short Stay Provider. Please note that the amounts You pay us are wired by Our payment service provider directly to an escrow account which belongs to a separate legal entity (a foundation) called [Name of entitity]. After approximately thirty (30) days, We transfer your payment to the Short Stay provider, minus the commission We agreed upon with Short Stay Provider.
4.3. In case You are a Consumer, We are not obliged to hand out an invoice. However, We do understand that in some cases You would like to get the Amount reimbursed by a third party, for example by the company You work for. Upon the first request, We hand You out an invoice. This all without prejudice to what is stated in paragraph 2.2 regarding the nature of Our services. For the invoice we may charge an additional fee of [amount], Dutch V.A.T. included (in case applicable).
Article 5. Cancel a Booking
5.1. The (E.U.-)right of withdrawal is not applicable to (short) stays. Your Booking is therefore binding. However, You can cancel Your Booking provided that You adhere to the cancellation amounts as set out in the next paragraph. The remainder will be paid back to You within thirty (30) days after cancellation.
|# days, months or hours before Short Stay||% of Amount still due|
|More than one (1) month||0%|
|Less than one (1) month and more than fourteen (14) days||15%|
|Less than fourteen (14) days and more than seven (7) days||35%|
|Less than seven (7) days and more than three (3) days||60%|
|Less than three (3) days and more than 24 (twenty-four) hours||85%|
|Less than 24 (twenty-four) hours||100%|
5.3. In case Short Stay Provider has its own cancellation policy, Our policy prevails. With Short Stay Providers We agreed upon the cancellation policy as set out in the previous paragraph.
Article 6. Satisfaction guarantee
The first day of Your Short Stay You can invoke the satisfaction guarantee, in case the Property you Booked is not to your satisfaction. If You wish to invoke that right, You have to call Us and e-mail us to confirm that the Property is not to Your satisfaction. We have the obligation to do Our utmost best to locate another property for You, within 24 (twenty fours) hours counting from the aforementioned call, that is to Your satisfaction. However, We cannot guarantee that we will find You a suitable Property within the aforementioned time frame. In that case We reimburse You the full Amount, HOWEVER, WE ARE NOT LIABLE FOR ANY DAMAGES.
Article 7. Limitation of liability
7.1. WE ARE NOT LIABLE FOR YOUR DAMAGES CAUSED BY ANY ATTRIBUTABLE SHORTCOMING IN THE FULFILMENT OF THE AGREEMENT (BREACH), NOR FOR YOUR DAMAGES CAUSED BY ANY OTHER SHORTCOMING (BASED ON TORT FOR EXAMPLE), UNLESS THE SHORTCOMING IS DUE TO WILLFUL INTENT OR CONSCIOUS RECKLESSNESS OF OUR TOP LEVEL MANAGEMENT. IN CASE THIS LIMITATION OF LIABILITY IS LAWFULLY UNENFORCEABLE, THE LIABILITY FOR THE AFOREMENTIONED SHORTCOMINGS ARE LIMITED TO AN AMOUNT OF € 1.000 (THOUSAND EUROS), UNLESS THE SHORTCOMING IS DUE TO WILLFUL INTENT OR CONSCIOUS RECKLESSNESS OF OUR TOP LEVEL MANAGEMENT
7.2. You hereby accept the functionality of the Website [as is]. Furthermore, You accept that the functionality of the Website can be the subject of unilateral change.
7.3. We strive for a high availability of the Website, however, we cannot warrant that the Website is always available without interruptions.
7.4. We compose Our Website with great due care. However, errors and omissions may occur. WE ARE NOT LIABLE FOR DAMAGES DUE TO MINOR ERRORS OR OMISSIONS IN ON THE WEBSITE PROVIDED INFORMATION, FOR OTHER ERRORS AND OMISSIONS THAT ARE STATED IN PARAGRAPH 7.1 APPLIES MUTATIS MUTANDIS.
Article 8. Governing law and dispute resolution
8.1. The Booking is governed by the laws of the Netherlands.
8.2. All disputes will be settled exclusively by the competent court in Rotterdam, the Netherlands, unless the sub-district court (“kantonrechter”) is allowed to take notice of the dispute, in that case, the dispute will be submitted to competent sub-district court. You have the right to submit a dispute to a by virtue of the Laws of the Netherlands competent court within 30 (thirty) days after We invoke the right to submit the dispute in accordance with the first sentence of this paragraph.