Rental terms and conditions for rental of vacation homes facilitated by Erria Blue Vacation
1 General Information
1.1 Erria Blue Vacation (hereinafter “EBV”) does not own the vacation home that EBV facilitates for rental. The vacation home is thus made available by the house's legal owner (hereinafter "landlord"). EBV is only the party that makes the vacation home available to the tenant on behalf of the landlord and at the landlord's expense and risk. EBV has entered into a separate agreement with the landlord, which gives EBV an exclusive right to arrange the rental of the landlord's vacation home.
1.2 These rental conditions and the rental agreement entered into between the landlord and the tenant together constitute the terms of the agreement that the tenant enters into with EBV ("hereinafter the rental documents"). To the extent that EBV lays down rules of order regarding the use of the leased property, these are added, and thus also include the rental documents. It is noted that travel agencies, internet portals and other booking sites not owned by EBV may not enter into agreements that deviate from these rental terms. Services that may be purchased through the landlord - or services provided in addition by the landlord - are to be regarded as agreements entered into with third parties, which is why such are not covered by these rental conditions and EBV is otherwise irrelevant in all respects.
2 Entering into a rental agreement
2.1 The tenant's submission of a booking constitutes a binding offer to EBV to enter into an agreement on the rental of the vacation home selected by the tenant. Orders can be made online via bookingportals, in writing, orally or by telephone.
2.2 EBV's acceptance of the offer takes place by subsequent submission of written acceptance/confirmation and/or submission of rental certificate to tenant.
2.3 In case of advance reservation for subsequent rental year, the agreement is only binding when, (1.) the vacation home in question is released for rent for the year in question, (2.) the vacation home can be made available during the desired period, and (3.) prices and any changes thereto have been determined. If the above conditions (1-3) are met, a confirmation and/or rental certificate is sent, after which the agreement is binding, cf. 2.2.
2.4 EBV's service consists of facilitating the rental and making the vacation home available to the tenant in accordance with the rental conditions and the rental documents on behalf of the landlord. The tenant's obligation consists of payment in accordance with the rental documents, which is why the tenant's transport to and from the vacation home is EBV irrelevant, EBV thus assumes no responsibility for the tenant's ability to use the vacation home if the tenant is cut off from transport to and from the vacation home due to border closure, or the like.
3 Prices, Deposit, and Payment
3.1 All prices are stated in DKK (Danish kroner), unless otherwise stated. When the tenant's order is registered, EBV sends a confirmation, cf. 2.2, and the rental amount is charged cf. below.
3.2 Unless otherwise stated on the internet and / or price list, the rental amount is excl. consumption of water, electricity, oil, gas and the like, as well as heating (including any firewood), bed linen and towels.
3.3 The payment is due immediately after the conclusion of the agreement, cf. 2.2 and constitutes 100% of the rental amount and possibly cancellation insurance, handling fee, deposit, any extras and possibly additional fees set by EBV.
3.4 If the vacation home is booked on the internet, it is possible to pay the amount by bank transfer or the specified payment cards. Payment cards are subject to a small fee. For card payments over the Internet, a 48-hour right of withdrawal applies.
3.5 If the payment conditions are not complied with, cf. 3.3-3.4, this is considered a breach and EBV is thus entitled to terminate the lease entered into without notice. If the lease agreement is terminated, cf. 12 pursuant to this section (3.5) the tenant is not exempt from the obligation to pay rent.
3.6 EBV is entitled to, in the event of price increases, increased taxes and fees and exchange rate changes, etc. to increase the rent proportionately against the submission of adequate documentation of the conditions which result in the rent increase. If the currency with which the vacation home is settled to EBV is changed in relation to the currency used to pay the tenant according to the internet and / or price list, the rent can be increased by the same percentage as the one used after the lease is entered into and before the start of the rental period currency has increased since the creation of the price list.
3.7 Price increases pursuant to pkt. 3.6 does not entitle to cancellation of the vacation home / rental agreement.
3.8 EBV is entitled to charge a deposit, which is collected together with the payment. The deposit, which serves as security for the tenant's obligations, including, but not limited to, damage to the vacation home and lack of or inadequate cleaning and tidying up or payment of consumption costs, is returned no later than 4 weeks after departure, when a satisfactory inspection of the holiday home and calculation of consumption and offset have been carried out. Any damage, lack of or insufficient cleaning and tidying up, consumption of electricity, water, etc. and finally an administration fee will be deducted before the deposit is returned. If the value of the above offset exceeds the deposit amount, the tenant will be charged/invoiced for the excess amount. EBV reserves the right to withdraw the amount due from any payment card provided or to collect payment via invoice or in connection with departure.
4 Rental Periods
4.1 The arrival and departure times stated on the Internet or in the rental documents are valid at all times. Handing over of keys at a later time of arrival than stated in the rental documents may be done by prior arrangement. As a rule, the vacation home must be vacated no later than 9.00 AM on the day of departure, unless otherwise specifically stated in the rental documents. Keys are only handed out if the full rent has been paid - and upon presenting the original rental certificate, as well as ID and photo identification.
5 The Vacation Home and the Surrounding Areas
5.1 The rental agreement covers the vacation home with all furniture, accessories and land as stated in the house description in question. All information is provided to the best of our knowledge and belief and EBV assumes no responsibility for deficiencies in this regard, unless the issue is of such a nature that the vacation home cannot be used for the purpose.
5.2 Attention is drawn to the fact that the vacation homes are equipped and organized according to the landlord's taste and needs. This means that closet space, equipment level, including outdoor furniture, etc. may vary. Tenants are encouraged to contact EBV in case of specific questions about the vacation home's layout / equipment level, etc.
5.3 Unless otherwise agreed with EBV, the vacation home may not be used for anything other than vacation purposes. The stated m² size of the house may deviate from the actual conditions, and this does not entitle to cancellation of the rental agreement or proportionate reduction in the rental payment.
5.4 It is forbidden to set up tents, caravans, motorhomes or the like on - or by - the vacation home plot.
5.5 The vacation home and the associated land area shall not at any given time be inhabited by more than the maximum number of people stated on the internet or the rental certificate. If the house is inhabited by more persons than the maximum permitted, or if the tenant has set up tents, caravans or the like on or near the vacation home site, EBV has the right to expel the excess persons without notice. If the tenant does not comply with such an order the same day and at the latest within 6 hours of its notification, EBV may terminate the rental agreement, after which the tenant and all guests are obliged to leave the vacation home immediately upon notice and without refund of the rental payment.
5.6 Youth groups, defined as a group of at least 4 people or more, whose average age or most of whom are under the age of 25, cannot enter into an agreement on renting a vacation home through EBV. If EBV finds a breach of the age restriction for groups, EBV and / or the landlord are entitled to terminate the rental agreement without notice and without any refund of the rental payment.
5.7 In some houses pets are not allowed. However, EBV cannot guarantee that no pets have previously stayed in the house, or that the landlord does not keep pets himself. EBV assumes no responsibility for the tenant's allergic reactions in the individual vacation homes. If the tenant has special needs in relation to allergies, etc., EBV encourages you to contact us in due time before arrival, so EBV has the opportunity to provide the best possible guidance in relation to the tenant's needs.
5.8 If you bring pets, a fee can be charged per pet to cover extra cleaning and extra wear and tear. Pets must not be left alone in the vacation home at any time.
5.9 Tenants may - also in vacation home areas - be unexpectedly exposed to noise from construction, traffic, military activity (IF the vacation home is located in an area where such activity may occur), local events or the like, EBV cannot be held responsible for noise nuisance or related inconvenience.
5.10 The distances stated by EBV to e.g. beach, shopping, etc., are all measured in bird flight line.
5.11 EBV cannot be held responsible for the presence of animals and insects in or around the vacation home, as the vacation home is most often located in a nature area.
5.12 Internet connections / broadband and TV channels are offered in several different ways, e.g. via cable, wireless, satellite dish, etc. Internet and TV channels are considered as an additional service provided by the landlord. Due to the challenges that can be in the form of inadequate coverage in the vacation home areas as well as varying amount of data and speed, EBV cannot be held responsible for poor signal, congestion of antennas, cable problems or other problems with coverage or amount of data, etc.
5.13 The tenant is obliged during his/her stay in the rented vacation home to use this and the associated outdoor areas in such a way that this is not to the inconvenience of the neighbors/residents of the surrounding vacation homes, including in the form of loud music, use of machinery, loud and noisy behavior, smoking, bonfire etc. In this case, and in the event that the tenant does not cease to do so at the request of EBV, EBV may terminate the agreement on behalf of the landlord, after which all guests are obliged to leave the vacation home immediately upon notice, and without refund of the rent payment.
5.14 EBV is entitled to draw up separate house rules regarding the use of the rented vacation home and the associated outdoor areas. If this is not complied with, the rental agreement can be terminated in accordance with the above pkt. 5.5.
5.15 Smoking is not permitted in the vacation home, unless otherwise expressly stated. This does not mean that there has been no smoking in the vacation home. In case of violation of the smoking ban, a fee of DKK 3,000 will be charged.
5.16 If the vacation home contains a swimming pool, the tenant is obliged for safety reasons to follow any instructions regarding the use of the swimming pool from the landlord or EBV. The tenant is responsible for the use of the swimming pool.
5.17 Forgotten belongings are stored at EBV for up to four weeks after the delivery date. When sending forgotten belongings etc. a handling fee of DKK 375 is charged, in addition the tenant shall cover the shipping costs.
6 Leave the Vacation Home in a Tidy and Clean Condition
6.1 The tenant is obliged to leave the house in a tidy and clean condition. This also includes sorting trash, emptying the dishwasher, and general cleaning of the refrigerator, freezer, stove, oven, grill, toilet and other sanitary installations. Final cleaning (thorough cleaning) by EBV is mandatory. It is not permitted to have the cleaning carried out by a third party. The costs associated with lack of cleaning and / or tidying-up will be held by the tenant.
7 Charges according to Consumption
7.1 The tenant's consumption of water and energy is not included in the rental price unless otherwise stated. Tenant's consumption of water and energy is calculated either by 1) a predetermined amount per person to whom the vacation home is rented out, or 2) according to consumption as per meter readings, which can happen by handing out a water and energy / electricity note, where the meter reading is applied by the tenant immediately immediately after the beginning of the lease - whether it is electricity, district heating, geothermal, gas or other. After the end of the lease, the tenant or a EBV service employee reads the meter reading again, and this reading forms the basis for calculating the water and energy consumption. The tenant pays for consumption throughout the rental period, even if the tenant has not made use of the vacation home throughout the entire rental period.
7.2 Attention is drawn to the fact that in the case of vacation homes with a swimming pool, extra energy costs must be expected for e.g. electricity and oil for heating the swimming pool. The cost of this varies depending on the season, water temperature and the size of the swimming pool.
8 Damages
8.1 The tenant must treat the vacation home properly and responsibly, and the tenant is obliged to hand over the vacation home in the same condition as at the check-in. The tenant is liable to the landlord for any damage to the vacation home and / or its furniture, which occurs during the rental period and which is caused by the tenant himself or others who have been given access to the vacation home by the tenant.
8.2 By each tenant change, a tenant change check is made, where defects and damage to the vacation home and / or its furniture, as well as any missing or inadequate cleaning, is found. The landlord makes duvees and pillows available. They may not be used without sheets and covers. Those can be bought as extras from EBV or the tenant can bring their own and use it. In case the tenant does not keep by this rule and duvees, pillows, top matresses, matresses etc. therefore will need washing/cleaning/to be replaced, the tenant will be charged for the related cost.
8.3 Damage to the vacation home and its furniture, which occurs during the rental period, must be reported to EBV immediately. If EBV finds damages or deficiencies that have not been notified to EBV, cf. 8.1, these will be charged from the tenant by deducting it from the deposit or if need be, to pay by issuing an invoice.
8.4 All damages must be compensated by the tenant before departure, unless a separate agreement to this effect is entered into with EBV.
9 Defects, Complaints and Remedies
9.1 The vacation rental is left to the tenant without any defect. If the tenant finds, after taking over the vacation home, inadequate cleaning, damage or other defects at the vacation home, it is the tenant's responsibility immediately - and within 24 hours after the defect is found - to complain to EBV. Lack of timely complaint means that the vacation home is considered to have been handed over to the tenant without defect, after which the defects cannot be claimed against EBV.
9.2 The tenant must contribute to - as far as possible - avoidance of any further damage and consequences associated with the identified deficiencies.
9.3 EBV is entitled to rectify / remedy any errors and omissions. In the event of his complaint about the defects, the tenant is obliged to grant EBV a reasonable period of time to remedy established defects or damages.
9.4 Leaving the tenant the vacation home on the basis of a complaint pursuant to pkt. 9, without thereby having granted EBV a reasonable time limit for rectification pursuant to pkt. 9.3, the tenant may not invoke the errors and deficiencies in question as a basis for any cancellation or proportionate refusal of the rent payment, as the tenant has made EBV's right to remedy impossible.
9.5 EBV is entitled to move tenants to another vacation home of the same quality if this is deemed necessary.
9.6 If, in the tenant's opinion, the complaint submitted has not been satisfactorily resolved during the rental period, it must be submitted in writing to EBV immediately for subsequent processing.
10 Disclaimer of Defects etc.
10.1 EBV cannot be held liable for defects in the vacation home and accessories for the rented property, to the extent that EBV has not acted with gross negligence or willful misconduct.
10.2 For information that EBV has provided to the tenant regarding the vacation home, which does not correspond to the actual circumstances, EBV cannot be held liable for damages, to the extent that EBV has not acted with gross negligence or intent.
10.3 EBV cannot be held liable for defects in the leased property that are due to the tenant's own circumstances.
10.4 For damage to the tenant's consumer and business property caused by defects in the vacation home, its furniture, including, but not exhaustive, electrical appliances, lofts, beds, mattresses and bedding as well as the accessories attached to the lease, including ex. bicycles, play equipment, outdoor furniture and grill/barbeques provided by the landlord to the tenant are not liable to EBV.
10.5 EBV assumes no responsibility for changes in conditions that do not relate to the vacation home itself or the associated land area ex. bathing opportunities, fishing rights, closure of traffic routes and shops, road and construction works, environmental damage, climatic conditions or deterioration of the vacation stay due to local regulations, injunctions, government instructions and the like.
10.6 EBV cannot be held responsible for any free offers, which are not delivered.
11 Cancellation and Change of the Rental Period
11.1 Cancellation of the rental agreement can take place before the beginning of the rental period.
11.2 A cancellation can only be made in writing and only applies from the day the cancellation / termination is EBV in hand.
11.3 In the event of cancellation, EBV is entitled to claim the following rental amount covered by the tenant:
I. If EBV receives a cancellation up to 49 days before the start of the lease, 25% of the rental amount will be charged.
II. If EBV receives a cancellation in the period from 49 days to 1 day before the rental period begins, 80% of the rental amount will be charged.
III. If EBV receives a cancellation later than 1 day before the start of the lease, the full rental amount (100%) will be charged.
11.4 Cancellation due to the tenant's inability to arrive at or get access to transport to get to the vacation home does not entitle to cancellation, cf. 2.4.
11.5 In particular, regarding situations that constitute force majeure, etc., reference is made to section 12.
11.6 Until the amount is due for payment or payment has been paid, cf. 3.3, EBV will change the rental period without calculation of fees (provided there is spare capacity).
11.7 After entering into a lease agreement, cf. 2 and after the amount is due for payment, cf. 3.3 and up to 49 days before the commencement of the lease, EBV changes the rental period within the same year against payment of a fee of DKK 400. However, only once per rental.
11.8 After entering into a lease agreement, cf. 2 and in the period 49-1 days before the commencement of the lease, the lease period is not changed, and the tenant is referred to terminate the lease agreement, cf. 11.3.
12 Force Majeure
12.1 If implementation of the lease is not possible - or significantly hampered - due to force majeure or conditions that can be equated with this, including but not limited to: war, natural and pollution disasters, drought, other unusual weather conditions, epidemics, pandemics, border closures, traffic conditions, cessation of foreign exchange trading, strikes, lockouts and the like that could not be foreseen at the conclusion of the lease, EBV is entitled to cancel the lease, as neither EBV nor the landlord can be held liable in the said case.
13 EBV as the Facilitator
13.1 The vacation home is not owned by EBV, but by the landlord. EBV only makes the vacation home available to the tenant on behalf of the landlord and at the landlord's expense. If the vacation home cannot be made available to the tenant, for reasons that are outside EBV's influence ex. foreclosure, forced auction of the vacation home, default on the part of the landlord or the like, EBV is entitled to cancel the lease against repayment of the rent already paid, cf. 13, force majeure.
13.2 Notwithstanding the provision in pkt. 13.1, EBV is entitled to - after a concrete evaluation - offer the tenant another similar vacation home in the same area and at the same price.
14 Industry Organisation, Disputes, Jurisdiction and Choice of Law
14.1 EBV is a member of Feriehusudlejernes Brancheforening and follows the ethical rules laid down by the trade association.
14.2 Should problems arise in connection with a lease that are not resolved to the tenant's satisfaction, and it is not possible to reach an agreement between the parties regarding any compensation, the tenant has the opportunity to bring the case before the Vacation Home Landlords' Industry Association Appeals Board. Further information about the Appeals Board can be obtained at www.feriehusklage.dk.
14.3 In the event of a disagreement, the lawsuit is filed in the court district in which the vacation home is located, and the case must be decided in accordance with Danish law, which has been agreed between the parties, with the exception of conflict of law rules that may apply other law than Danish.
14.4 With regards to the language and translations, the Danish version of the rental conditions shall be used in case of doubt of interpretation.
15 Other Information
15.1 The rental agreement entered into is not covered by the rules on the right of withdrawal pursuant to the Consumer Contracts Act, section 18, subsection 2 No. 12.
16 Data Protection
16.1 EBV is the data controller in accordance with data protection legislation. Any inquiries regarding data protection must be addressed in writing to EBV.
16.2 EBV processes the personal data that the tenant provides in connection with the vacation home rental, as it is necessary to be able to complete the booking and thereby also fulfill the rental agreement, just as these are necessary to comply with any other obligations pursuant to the agreements entered into between landlord, tenant and EBV.
16.3 The Tenant has at any time the right to object to the processing of his personal data for these purposes.
16.4 EBV discloses, to the extent necessary, relevant information contained in this agreement to the landlord, business partners (eg service offices, cleaning companies, credit card companies, insurance companies and public authorities) in order to complete the rental, charge correctly and secure payment or in to the extent necessary under the law in force at any time.
16.5 EBV only transfers personal data to countries outside the EU / EEA to the extent necessary and only where there are appropriate guarantees for an adequate level of protection in accordance with the legislation in force at any given time.
16.6 Personal data is stored only for the period necessary for the relevant purpose or in accordance with applicable law.
16.7 As registered in accordance with the GDPR rules, the tenant has the right to be informed about - and get a copy of the data that EBV has registered and have such information / data corrected or changed if these prove to be incorrect. The tenant also has the right to have information / data deleted if these are no longer necessary to fulfill the purpose for which they have been collected, cf. pkt. 17.2, or if the processing is illegal. Finally, the tenant has the right to request EBV to limit the processing of the data in question.