1 INFORMATION ABOUT PERFECT VISIT
1.1 Perfect Visit operations
Perfect Visit is run and operated from its registered head quarters located at: Entrepotdok 25, 1018AD, Amsterdam, the Netherlands
1.2 Incorporation details
|Chamber of Commerce||: 34177413|
|VAT number||: NL 8187.56.925.B01|
2 YOUR STATUS
2.1 Use of services
By using the services of Perfect Visit, you warrant that:
a) you are at least 18 years old.
b) you are legally entitled to entering into a binding contract between yourself and a third party including but not limited to owners of properties listed on the Perfect Visit website and properties that although not (yet) listed on the site, that may be proposed to you by Perfect Visit.
3 ENTERING INTO A CONTRACT
3.1 Rental properties and other services
Perfect Visit presents properties for rent and acts as a broker between a party wishing to rent a property (“you”) and a party wishing to let a property (“owner”). Owner is further defined as the legal owner of the property to be rented or the channel(s) selected by the legal owner to market and rent out said property.
3.2 Binding agreement
Once you have made an online booking – or made an offline booking in discussion with Perfect Visit’s sales team – you will be required to make a down payment which is a percentage of the total to be charged for the rental period confirmed. Once the booking is made, Perfect Visit will either settle the balance with you directly or bring you into contact with the property owner allowing you to confirm final details and settle any remaining payment. You will enter into an agreement with the owner directly, not with Perfect Visit. In entering into such an agreement, you are aware that an owner (or third party) may have their own terms and conditions requiring your review, understanding and agreement. Down payment varies from one property to another.
In case of a full (or partial) payment via credit card, 3,5%, (including 21% VAT) will be added to the total amount charged. If you agree, or indicate, that payment will be made via credit card, agreement with these additional costs is implied.
4 OUR STATUS
4.1 Third parties
Perfect Visit may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that goods or services you purchase from third party sellers through or via a link from our site, or from companies to whose website we have provided a link, will be of satisfactory quality, fit for purpose, and/or of a reasonable standard, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
5 CANCELLATIONS AND REFUNDS
5.1 14 days’ notice of cancellation is required prior to check-in for all lengths of stay in order to avoid charges. Notice given within 14 days will result in a charge equal to 14 nights minus the number of days’ notice given i.e. if check-in is on 8th June 2014 and notice to cancel is given on 3rd June 2014, then 5 days’ notice has been given and a charge of 9 nights will therefore apply (14 days – 5 days’ notice given = 9 night charge). In case of a refund, all incurred costs such as credit card charges will be deducted from the refund.
5.2 This policy also applies to in-house guests should a stay need to be shortened.
6 OUR LIABILITY
Perfect Visit will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
a) loss of income or revenue;
b) loss of business;
c) loss of profits;
d) loss of anticipated savings;
e) loss of data; or
f) waste of personal, management or office time.
Nothing in these terms and conditions excludes or limits our liability for:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation; or
c) any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
6.3 Third party
Where you buy any product or service from a third party seller through our site or from a link from our site, the seller’s individual liability to you will be set out in that seller’s terms and conditions, and we will have no liability to you of any nature whatsoever.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
8 EVENTS OUTSIDE OUR CONTROL
8.1 Force Majeure
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
a) strikes, lock-outs or other industrial action;
b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
e) impossibility of the use of public or private telecommunications networks; and
f) the acts, decrees, legislation, regulations or restrictions of any government.
Performance of our obligations is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.
If we fail to insist upon strict performance of any of your obligations or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing (see ‘Communication’).
10 ENTIRE AGREEMENT
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us. We each acknowledge that, in using the services of Perfect Visit, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this clause limits or excludes any liability for fraud.
11 OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these terms and conditions from time to time to reflect, amongst other things, changes in market conditions affecting our business, changes in technology, changes in process, changes in relevant laws and regulatory requirements and changes in our site’s capabilities.
12 LAW AND JURISDICTION
Any dispute or claim arising out of provision and use of our services will be governed by Dutch law.