1 GENERAL
1.1 By Sommerhuse (hereinafter “BY”) does not own the holiday home that BY facilitates for rental. The holiday home is thus made available by the house's legal owner (hereinafter "landlord"). BY is only the party that makes the holiday home available to the tenant on behalf of the landlord and at the landlord's expense and risk. BY has entered into a separate agreement with the landlord, which gives BY an exclusive right to arrange the rental of the landlord's holiday 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 BY ("hereinafter the rental documents"). To the extent that BY 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 BY 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 BY is otherwise irrelevant in all respects.
2 CONCLUSION OF RENTAL AGREEMENT
2.1 The tenant's submission of a booking constitutes a binding offer to BY to enter into an agreement on the rental of the holiday home selected by the tenant. Orders can be made in writing, orally or by telephone.
2.2 BY's acceptance of the offer takes place by subsequent submission of written acceptance and 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 holiday home in question is released for rent for the year in question, (2.) the holiday 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 rental certificate is sent, after which the agreement is binding, cf. 2.2
2.4 BY's service consists of making the holiday home available to the tenant in accordance with the rental conditions and the rental documents. The tenant's payment consists of payment in accordance with the rental documents, which is why the tenant's transport to and from the holiday home is BY irrelevant, BY thus assumes no responsibility for the tenant's ability to use the holiday home if the tenant is cut off from transport to and from the holiday home. border closure, or the like.
3 PRICES AND PAYMENT
3.1 All prices are stated in DKK (Danish kroner), unless otherwise stated. When the tenant's order is registered, BY sends a confirmation, cf. 2.2, and the rental amount is charged in two installments, 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).
3.3 The first installment is due for payment 10 days after the conclusion of the agreement, cf. 2.2 and constitutes 35% of the rental amount and possibly cancellation insurance, handling fee and possibly additional fees set by BY.
3.4 The second installment is due 49 days before the start of the rental period and constitutes the remaining 65% of the rental amount.
3.5 For bookings of less than 49 days, but earlier than 14 days before the start of the rental period, the entire amount is due for payment 5 days after the conclusion of the agreement, cf. 2.2.
3.6 In the event of booking 14 days or later before the start of the rental period, the entire amount is due for payment immediately at the time the agreement is entered into, cf. 2.2. For bookings via the website less than 14 days before arrival, payment must be made by card.
3.7 If the holiday home is booked over the internet, it is possible to pay the first installment 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.
3.8 If the payment conditions are complied with, cf. 3.3-3.7 is not, this is considered a breach and BY is thus entitled to terminate the lease entered into without notice. If the lease agreement is terminated, cf. 12 pursuant to this section. 3.10 the tenant is not exempted from the obligation to pay rent.
3.9 BY 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 holiday home is settled to BY 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.
3.10 Price increases pursuant to pkt. 3.9 does not entitle to cancellation of the holiday home / rental agreement.
4 RENTAL PERIODS
4.1 The arrival and departure times stated on the Internet or in the rental documents are valid at all times. The handing over of keys is done through key boxes, and the information is provided to the tenant prior to arrival. As a rule, the holiday 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 on presentation of the original rental certificate, as well as any photo identification.
5 THE HOLIDAY HOME AND THE SURROUNDING AREAS
5.1 The rental agreement covers the holiday 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 BY assumes no responsibility for deficiencies in this regard, unless the relationship is of such a nature that the holiday home cannot be used for the purpose.
5.2 Attention is drawn to the fact that the holiday homes are arranged according to the landlord's taste and needs. This means that closet space, equipment level, including garden furniture, etc. may vary. Tenants are encouraged to contact BY in case of specific questions about the holiday home's layout / equipment level, etc.
5.3 Unless otherwise agreed with BY, the holiday home may not be used for anything other than holiday 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 holiday home plot.
5.5 The holiday home and the associated land area may at all times be inhabited by 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 holiday home site, BY has the right to expel the excess persons without notice. If the tenant does not comply with such an order within 6 hours of its notification, BY may terminate the rental agreement, after which all residents are obliged to leave the holiday home with immediate notice and without refund of the rent payment.
5.6 Youth groups, defined as a group of at least 4 people and up, who are mainly under the age of 25, can not enter into an agreement on renting a holiday home through BY. If BY finds a breach of the age restriction for groups of at least 4 people, BY and / or the landlord are entitled to terminate the rental agreement without notice without refund of the rental payment.
5.7 In some houses pets are not allowed. BY can not guarantee, however, that no pets have previously stayed in the house, or that the landlord does not keep pets himself. BY assumes no responsibility for the tenant's allergic reactions in the individual holiday homes. If the tenant has special needs in relation to allergies, etc., BY encourages you to contact us by telephone, so BY has the opportunity to provide the best possible guidance in relation to the tenant's needs.
5.8 If you bring pets, a fee will be charged per pet to cover extra wear and tear. Pets must not be left alone in the holiday home.
5.9 Tenants may - also in holiday home areas - be unexpectedly exposed to noise from construction, traffic, military activity (as the holiday home is located in an area where such activity may occur) or the like. BY cannot be held responsible for noise nuisance.
5.10 The distances stated by BY to e.g. beach, shopping, etc., are all measured in bird flight line.
5.11 BY can not be held responsible for the presence of animals and insects in or around the holiday home, as the holiday 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 holiday home areas as well as varying amount of data and speed, BY can not 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 to use this and the associated outdoor areas in such a way that this is not to the inconvenience of the residents of the surrounding holiday homes, including in the form of loud music, use of electrical machines, loud and noisy behavior, etc. In this case, and in the event that the tenant does not cease to do so at the request of BY, BY may terminate the agreement on behalf of the landlord, after which all residents are obliged to leave the holiday home with immediate notice and without refund of the rent payment.
5.14 BY is entitled to draw up separate house rules regarding the use of the rented and the rented outside areas. If such are prepared, these can be accessed on BY's website www.bysommerhuse.dk. If this is not complied with by the house rules, the tenancy can be terminated in accordance with the above under pkt. 5.5 listed.
5.15 Smoking is not permitted in the holiday home, unless otherwise expressly stated. This does not mean that there has been no smoking in the holiday home. In case of violation of the smoking ban, a fee of DKK 3,000 will be charged.
5.16 If the holiday 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 BY. The tenant is responsible for the use of the swimming pool.
5.17 Forgotten belongings are stored at BY for up to four weeks after the delivery date. When sending forgotten belongings etc. a handling fee of DKK 150 is charged, in addition the tenant bears the shipping costs.
6 FINAL CLEANING
6.1 The tenant is obligated to leave the house in a tidy and orderly condition. This includes the refrigerator, freezer, stove, oven, grill, toilet, and other sanitary installations. Final cleaning for a fee is mandatory with BY. It is not allowed to have a third party carry out the cleaning. The costs associated with extraordinary cleaning and/or tidying up will be charged to the tenant.
7 CONSUMPTION BILL
7.1 The tenant's consumption of water and energy is not included in the rental price. Tenant's consumption of water and energy is calculated either by 1) a predetermined amount per person to whom the holiday home is rented out, or 2) Consumption readings via water and energy/electricity statement, which can be found in the house, where the meter reading is applied by the tenant 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 BY service employee reads the meter reading again, and this reading forms the basis for calculating the power consumption. Tenant pays for consumption throughout the rental period, even if the tenant has not made use of the holiday home throughout the rental period.
7.2 Attention is drawn to the fact that in the case of holiday 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 INJURIES
8.1 The tenant must treat the holiday home properly, and the tenant is obliged to hand over the holiday home in the same condition as at the transfer. The tenant is liable to the landlord for the damage to the holiday 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 holiday home by the tenant.
8.2 By each tenant change, a tenant change check is made, where defects and damage to the holiday home and / or its furniture, as well as any missing or defective cleaning, is found.
8.3 Damage to the holiday home and its furniture, which occurs during the rental period, must be reported to BY immediately. If BY finds damages or deficiencies that have not been notified to BY, cf. 8.1, these will be required of the tenant to pay when 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 BY.
9 INSURANCE CONDITIONS
9.1 It is recommended that a holiday home or cancellation insurance be purchased - BY doesn't offer this t the moment.
9.2 The insurance cost is not reimbursed by rebooking or canceling the rental agreement.
10 DEFECTS, COMPLAINTS AND REMEDIES
10.1 The lease is left to the tenant without defect. If the tenant finds, after taking over the holiday home, inadequate cleaning, damage or other defects at the holiday home, it is the tenant's immediately - and within 24 hours after the defect is found - to complain to BY. Lack of timely complaint means that the holiday home is considered to have been handed over to the tenant without defect, after which the defects cannot be claimed against BY.
10.2 The tenant must contribute to - as far as possible - aggravation of any damage and consequences associated with the identified deficiencies.
10.3 BY is entitled to rectify / remedy any errors and omissions. In the event of his complaint about the defects, the tenant is obliged to grant BY a reasonable period of time to remedy established defects or damages.
10.4 Leaving the tenant the holiday home on the basis of a complaint pursuant to pkt. 10, without thereby having granted BY a reasonable time limit for rectification pursuant to pkt. 10. 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 BY's right to remedy impossible.
10.5 BY is entitled to move tenants to another holiday home of the same quality if this is deemed necessary.
10.6 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 BY immediately for subsequent processing.
11 DISCLAIMER OF DAMAGES AND DEFECTS, ETC.
11.1 BY can not be held liable for defects in the holiday home and accessories for the rented property, to the extent that BY has not acted with gross negligence or willful misconduct.
11.2 For information that BY has provided to the tenant regarding the holiday home, which does not correspond to the actual circumstances, BY can not be held liable for damages, to the extent that BY has not acted with gross negligence or intent.
11.3 BY cannot be held liable for defects in the leased property that are due to the tenant's own circumstances.
11.4 For damage to the tenant's consumer and business property caused by defects in the holiday 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, garden furniture and barbecues provided by the landlord to the tenant are not liable to BY.
11.5 BY assumes no responsibility for changes in conditions that do not relate to the holiday 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 holiday stay due to local regulations, injunctions, government instructions and the like.
12 CANCELLATION AND CHANGE OF THE RENTAL PERIOD
12.1 Cancellation of the rental agreement can take place before the beginning of the rental period.
12.2 A cancellation can only be made in writing and only applies from the day the cancellation / termination is BY in hand.
12.3 In the event of cancellation, BY is entitled to claim the following rental amount covered by the tenant:
I. If BY receives a cancellation up to 49 days before the start of the lease, 35% of the rental amount will be charged.
II. If BY 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 BY receives a cancellation later than 1 day before the start of the lease, the full rental amount (100%) will be charged.
12.4 Cancellation due to the tenant's inability to transport to the holiday home does not entitle to cancellation, cf. 2.4.
12.5 In particular regarding situations that constitute force majeure, etc., reference is made to section 13.
12.6 Until the first installment is due for payment or before the 1st installment has been paid, cf. 3.3, BY changes the rental period without calculation of fees but provided that there is spare capacity.
12.7 After entering into a lease agreement, cf. 2 and after the first installment is due for payment, cf. 3.3 and up to 49 days before the commencement of the lease, BY changes the rental period within the same year against payment of a fee of DKK 400. However, only once per rental.
12.8 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. 12.3.
13 FORCE MAJEURE
13.1 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, BY is entitled to cancel the lease, as neither BY nor the landlord can be held liable in the said case.
14 CITY THAT MEDIATES
14.1 The holiday home is not owned by BY, but by the landlord. BY only makes the holiday home available to the tenant on behalf of the landlord and at the landlord's expense. If the lease can not be made available to the tenant, for reasons that are outside BY's influence ex. forced auction of the holiday home, default on the part of the landlord or the like, BY is entitled to cancel the lease against repayment of the rent already paid, cf. 13 om force majeure.
14.2 Notwithstanding the provision in pkt. 14.1, BY is entitled to - after a concrete estimate - offer the tenant another similar holiday home in the same area and at the same price.
15 INDUSTRY ORGANIZATION, DISPUTES, JURISDICTION AND CHOICE OF LAW
15.1 BY is a member of Feriehusudlejernes Brancheforening and follows the ethical rules laid down by the trade association.
15.2 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 Holiday Home Landlords' Industry Association Appeals Board. Further information about the Appeals Board can be obtained at www.fbnet.dk.
15.3 In the event of a disagreement, the lawsuit is filed in the court district in which the holiday 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.
15.4 If separate translations of these terms are prepared for a language other than Danish, the Danish version of the terms shall be used in case of doubt of interpretation.
16 OTHER INFORMATION
16.1 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.
17 DATA PROTECTION
17.1 BY is the data controller in accordance with data protection legislation. Any inquiries regarding data protection must be addressed in writing to info@bysommerhuse.dk.
17.2 BY processes the personal data that the tenant provides in connection with the holiday 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 BY.
17.3 The Tenant has at any time the right to object to the processing of his personal data for these purposes.
17.4 BY 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.
17.5 BY 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.
17.6 Personal data is stored only for the period necessary for the relevant purpose or in accordance with applicable law.
17.7 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 BY 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 BY to limit the processing of the data in question.