Article 1 – Definitions
- In these General Terms and Conditions the following definitions apply:
Qvillas: Qvillas B.V., registered in the Bonaire Chamber of Commerce under nr. 9564, with its registered office and principal place of business in Bonaire at Kaminda Gurubu 18;
Accommodation: Any accommodation for recreational use, offered for lease by Qvillas on behalf of its owner;
Lessee: He/she who leases (or wants to lease) an accommodation via Qvillas;
User: The lessee and any person designated by the lessee who will make use of the accommodation leased by the lessee;
Owner/lessor: The lawful owner (or his/her representative other than Qvillas) of an accommodation offered for lease via Qvillas;
Administrator: He/she who, on behalf of the lessor, takes care of the maintenance and administration of an accommodation. In principle, Qvillas will act as administrator unless agreed otherwise;
Lease: The lease price of the accommodation;
Total amount: The Lease plus any other amount due to Qvillas;
Lease Agreement: The agreement between the owner/lessor and the lessee for an accommodation offered for lease by Qvillas;
Management Agreement: The agreement between Qvillas and the owner/lessor for management and/or leasing out an accommodation on behalf of the owner/lessor by Qvillas;
In writing: On paper and/or via e-mail.
Article 2 – Application
- These General Terms and Conditions apply to all offers, bookings, agreements and performed services relating to all accommodations leased out and/or managed by Qvillas. Different terms and conditions, stipulations, arrangements and/or undertakings do not apply unless explicitly confirmed in writing by Qvillas.
- Qvillas reserves the right to alter the General Terms and Conditions unilaterally. In case of an alteration, Qvillas will promptly notify the parties concerned in writing.
Article 3 – Nature of Lease Agreement
- Qvillas acts as an intermediary (onmiddellijk vertegenwoordiger) between owner/lessor and lessee for the conclusion of a lease agreement and is explicitly no party to the lease agreement. A lease agreement is entered into by the owner/lessor and the lessee.
- Qvillas has been authorized by the owner/lessor to act on his behalf regarding the lease of his accommodation(s).
- The lease agreement between owner/lessor and lessee concerns the lease of one or more accommodations on a short-term basis.
- If a lessee, after conclusion of the lease agreement, wishes to alter the agreement, the owner/lessor is not obligated to accept such alterations. In case the owner/lessor accept the suggested alterations, an additional fee can be charged.
- Special preferences can be indicated on reservation. Preferences are not guaranteed by owner/lessor and therefore are not part of the lease agreement until conformation of availability.
Article 4 – Offers, prices and rates
- All offers, promotions, prices and rates from Qvillas on websites, social media and/or brochures of any kind are not binding and subject to acceptance by Qvillas and/or owner/lessor. Qvillas is not bound by any omission or error in their communication and publicity.
- All prices mentioned are in US Dollar and are exclusive of ABB and other additional costs such as service costs and tourist tax. These costs will be mentioned separately.
- Service costs amount to fifteen percent (15%) of the lease.
Article 5 – Reservations
- Reservations for leasing an accommodation can be made via internet, by e-mail or by telephone. A reservation only becomes valid after confirmation in writing by Qvillas.
- Reservations can only be made by persons older than eighteen (18) years.
- Qvillas will confirm a reservation within fourteen (14) days after the reservation has been made. If the reservation has not been confirmed within fourteen (14) days, the lessee should contact Qvillas promptly.
- All confirmed reservations are permanent and binding, meaning that in case of cancellation the terms and conditions as set out in article 7 apply.
- In case of unusual reservations, especially for large groups, Qvillas reserves the right to refuse a reservation without giving reasons, or to attach additional conditions to the reservation.
Article 6 – Payment
- Within fourteen (14) days after the reservation is confirmed by Qvillas, fifty percent (50%) of the total rent has to be paid to Qvillas.
- The remaining fifty percent (50%) plus Service Charge and Tourist Tax has to be paid no later than forty-five (45) days prior to the starting date of the rental period.
- When a reservation is made less than four (4) weeks prior to the starting date of the rental period, the total amount due has to be paid at once within four (4) days after the reservation is confirmed by Qvillas.
- Qvillas will provide the lessee with an invoice for the total amount promptly after confirmation of the reservation.
- Payments should always be made to Qvillas by transferring the amount due (always in USD) to bank account number 411.636.04 (MCB Bonaire). It is not allowed for a lessee to pay directly to an owner/lessor, unless explicitly agreed upon by Qvillas.
- The date that a payment is received by Qvillas is considered to be the date of payment.
- In the event a payment due is not received in time, Qvillas reserves the right to charge additional administration/collections costs of fifteen percent (15%) of the amount due.
- If payment is still not received within seven (7) days after a first notice has been sent to the lessee, Qvillas reserves the right to cancel the reservation, in which case the terms and conditions as set out in article 7 apply.
Article 7 – Cancellation by lessee
- Lessee is at any time allowed to cancel the reservation or to appoint a substitute lessee under the condition that Qvillas explicitly agrees with the substitution.
- In case of substitution of lessee, the substitute lessee and the original lessee are jointly and severally responsible for payment of the remaining total amount due to Qvillas.
- A cancellation or request for substitution needs to be done in writing to Qvillas and is only valid after confirmation by Qvillas.
- In case of cancellation of a reservation, lessee is required to make payment of:
- ten percent (10%) of the lease and service costs in case of cancellation until twelve (12) weeks before the starting date of the lease period;
- fifty percent (50%) of the lease and service costs in case of cancellation within twelve (12) weeks but no later than four (4) weeks before the starting date of the lease period;
- hundred percent (100%) of the lease and service costs in case of cancellation within four (4) weeks before the starting date of the lease period;
Article 8 – Cancellation and change by Qvillas
- Qvillas (as intermediary) can cancel or alter the lease agreement between owner/lessor and lessee at any time in the event of:
- force majeure, which includes but is not limited to situations of war, strike, natural disaster, extreme weather conditions, fire, death of the owner/lessor, unannounced sale of the property and/or occupation of the accommodation by a new owner, et cetera;
- compelling circumstances, due to which observation of the agreement by Qvillas cannot be reasonably required;
- serious and – after being warned by Qvillas or owner/lessor – continuing nuisance for the environment/neighbours by lessee and/or other users or if the lessee and/or other users do not treat the accommodation as befits a good lessee.
- In the event one or more of the abovementioned reasons occur, but are not due to negligent or culpable behavior of the lessee and/or other users, Qvillas will – to the extent possible – try to offer an alternative accommodation to lessee as soon as possible. If no alternative offer can be made, or if lessee does not accept the offered alternative, the total amount paid to Qvillas by lessee will be refunded.
- Qvillas cannot be held liable for any other damages and/or costs due to cancellation or change of the rental agreement.
Article 9 – Deposit
- Qvillas requires a deposit payment of USD 1,000.00 per leased accommodation.
- The deposit has to be transferred to Qvillas no later than four (4) weeks prior to the starting date of the lease period.
- In the event the deposit is not received in time, Qvillas reserves the right to cancel the reservation, in which case the terms and conditions as set out in article 7 apply.
- The purpose of the deposit is to cover damages and/or costs – in the broadest sense of the word – that Qvillas and/or an owner/lessor may suffer due to negligence or noncompliance with the obligations under the rental agreement of the lessee and/or other users.
- The deposit cannot be used to cover any outstanding amount of rent and lessee may not invoke a right of set-off.
- The deposit will be refunded within two (2) weeks after the rental period has ended, after deduction of damages and costs, if applicable.
- In the event the deposit does not completely cover the damages and/or costs, Qvillas will recover the additional damages and/or costs from the lessee.
Article 10 – Check-in and departure
- Check-in is possible from 15:00 hrs on the date of arrival. An early check-in, if possible, can be arranged on request of lessee.
- Check-out time is no later than 10:00 hrs on the date of departure. A late check-out, if possible, can be arranged on request of lessee.
- Additional costs may be charged for an early check-in or late check-out.
Article 11 – House rules
- Above all, lessee and other users are required to treat and use the accommodation as befits a good lessee.
- The lessee is required to inform Qvillas promptly of any damage, defect or missing inventory to/in the rented accommodation(s). Lessee will be liable for all damages to be incurred attributable to lessee and/or other users.
- The accommodation may not be used by more persons than mentioned by Qvillas in the reservation confirmation. In the event an accommodation is used by more persons than allowed, Qvillas has the right to deny access to the accommodation to the lessee and/or other users, or to charge additional costs for any extra user.
- Lessee is not allowed to sublease the accommodation.
- Smoking is not allowed inside the accommodation. On the terrace and other outdoor space smoking is allowed.
- Pets are allowed, but should be announced at reservation. Qvillas may refuse the reservation if excessive nuisance is reasonably expected.
- Upon departure, the accommodation should be delivered clean. This means:
- Dishes are clean and put away in the cabinets;
- All garbage is cleared out;
- The refrigerator is left empty and clean;
- All food is cleared out;
- Bedlinen and towels are collected together on the floor;
- The floor is swept clean.
In case of non-observance of the abovementioned, additional cleaning costs will be charged.
- Additional house rules may be provided by an owner/lessor. Any additional house rules will be presented to lessee upon arrival.
Article 12 – Liability
- Qvillas acts as an intermediary between owner/lessor and lessee and therefore cannot be held liable in the event an owner/lessor and/or lessee should fail to meet his obligations under the rental agreement.
- Qvillas is not liable for damages due to omission(s) and/or error(s) in offers, promotions, prices and rates from Qvillas on websites, social media and/or brochures of any kind, as well as in reservation confirmations and/or property management agreements.
- Qvillas is not liable for damages to be incurred by lessee and/or other users and/or owner/lessor due to fire, leakage, accident or any other cause related to the use and/or letting of an accommodation.
- Qvillas and owner/lessor are not responsible in case of loss, theft or damage to lessee’s or other users’ property.
- Qvillas is not responsible in case of loss, theft or damage to owner/lessor’s property.
- Qvillas and owner/lessor are not responsible for any inconvenience caused by force majeure or by third parties, including but not limited to interruption of energy and water supply or break-ins. In case of any inconvenience, Qvillas will do its utmost to minimize the inconvenience experienced by the lessee and/or other users.
- Lessee and other users allowed access to an accommodation by lessee are jointly and severally liable for any damages to be incurred due to negligence or noncompliance with the obligations under the lease agreement, including but not limited to the obligations mentioned in these general terms and conditions. Qvillas is authorized to recover damages from lessee and/or other users on behalf of the owner/lessor, notwithstanding the owner/lessor’s right to do so.
Article 12 – Jurisdiction
- The agreements between owner/lessor and lessee and between Qvillas and owner/lessor or seller, as well as the services provided by Qvillas are governed by the laws of Bonaire.
- The competent court in Bonaire has exclusive competence over any disputes that may arise in connection with the rental agreement, the services provided by Qvillas or any agreements between parties that may arise from this.