General terms and conditions of the private company with limited liability CityMundo International BV, hereinafter to be designated “CityMundo”, with registered office at Schinkelkade 47/2, (1075 VK) Amsterdam, registered on 27 November 2000 at the Chamber of Commerce, Amsterdam under number 33282110.
Article 1 DEFINITIONS
In these general terms and conditions shall be understood by:
Occupant : natural person or legal entity that occupies accommodation provided by the intervention of CityMundo for a period from 3 to a maximum of 21 nights.
Supplier : natural person or legal entity that with the intervention of CityMundo supplies occupant with accommodation for temporary use.
Client : other party dealing with CityMundo. This may therefore be either the occupant or the supplier.
Consumer : natural person who is not acting in the pursuit of a profession or business as stipulated in article 6:236 Civil Code. Either supplier or occupant may be consumer.
Article 2 APPLICABILITY
2.1 These general terms and conditions shall constitute part of all contracts concluded by CityMundo and shall also govern the establishment of these contracts, and also quotations and tenders made by CityMundo.
2.2 Should any provision prove void, the contract of which these general terms and conditions form part shall remain for the rest as far as possible in force and the provision in question shall be replaced in mutual consultation by a provision that approximates the original provision as closely as possible.
Article 3 ESTABLISHMENT AND IMPLEMENTATION OF THE CONTRACT
3.1 Verbal engagements shall be binding upon CityMundo only after it has confirmed them explicitly in writing.
3.2 A contract shall be established by written confirmation of the reservation by CityMundo.
3.3 A client who concludes a contract for one or more third parties shall be jointly andseverally liable with these third parties for all obligations pursuant to this contract.
3.4 Client shall provide in good time to CityMundo all information that CityMundo stipulatesas being necessary or that the client might reasonably suppose to be necessary to the implementation of the contract, failure to do so entitling CityMundo to postpone implementation of the contract and/or to charge to client additional costs relating thereto at the customary rates.
3.5 The reservation form shall stipulate the number of persons for whom the accommodation in question has been reserved. This number may be increased only by means of an altered reservation. The maximum number of persons for whom the accommodation is offered may not be exceeded. Increase of the number of persons without altered reservation shall result in dissolution by return of the contract without restitution of the amount paid and removal of the occupant(s) from the accommodation to which article 7.4, last complete sentence, applies.
3.6 CityMundo shall be entitled for its own sufficient reasons to withdraw from negotiations without the other party being entitled to compensation for damages.
Article 4 PRICES
4.1 All prices published by CityMundo are including V.A.T. unless stipulated otherwise.
4.2 CityMundo shall impose upon concluding every contract a fixed amount for reservation costs.
Article 5 PAYMENT AND DEFAULT
5.1 The reservation costs and the down payment stipulated on the invoice in respect of the rental price must be paid to CityMundo within 5 days of invoice date in the currency specified on that invoice. CityMundo must in all cases have received this 24 hours prior to the date of taking up the accommodation.
5.2 The occupant must pay to the supplier in the currency of the supplier”s country the balance of the invoice within 24 hours of arrival at the accommodation.
5.3 Client shall be legally in default without necessity of any notice thereof when it fails to meet (on time) its obligations to CityMundo pursuant to this contract, and equally when CityMundo has sufficient grounds for believing that client is unable to meet its obligations or unable to meet them on time or completely. The contract shall be deemed to be terminated on the date of default. In such case the termination provision of article 6 of these general terms and conditions shall take effect.
5.4 Should client be in default as stipulated in the previous paragraph of this article, then client shall be due from the date that the amount payable is due on demand to the date of actual payment interest on the balance unpaid at the rate of 1% per month, whereby part of a month shall be treated as a whole month. Client shall also be obligated to meet commercial (non-court) collection expenses. These are 15% of the amount recovered, with a minimum of € 150,- excluding V.A.T.
Article 6 CANCELLATION
6.1 In the event of (partial) cancellation (whether on the part of supplier or occupant) for the period of accommodation contracted, notice must be given with the least possible delay after the reasons of the cancellation occurred and not later than before the day of arrival at the reserved accommodation with the reasons for cancellation in writing at CityMundo”s address. In the absence of such written (partial) cancellation occupant shall be obligated to pay the entire accommodation expenses contracted together with the reservation costs.
6.2 The date of receipt of written cancellation shall be deemed to be the date of cancellation.
Cancellation by Supplier
6.3 In the case of (partial) cancellation by supplier of agreed accommodation, the supplier shall forfeit all rights to compensation. Supplier shall in such case be due for payment as cancellation costs the reservation costs due by occupant to CityMundo, and also the down payment in respect of the accommodation expenses due for the period of accommodation contracted.
6.4 In the case of partial cancellation supplier shall be entitled only to a pro rata portion of the fee to the extent that the occupant was able to use the accommodation.
6.5 In the case of cancellation by supplier CityMundo shall endeavour occupant with equivalent replacement accommodation. When this is not possible, CityMundo will refund the reservation costs and the down payment in respect of the accommodation expenses paid by occupant.
Cancellation by Occupant
6.6 In the case of cancellation by occupant, occupant shall be due to pay CityMundo the amount of the reservation costs, and also the down payment in respect of the rental fee. Insofar as these amounts have already been paid by occupant CityMundo retains the right to rely on set-off.
6.7 In the case of partial cancellation by occupant, occupant shall be due in addition to the reservation costs and the rental fee for that period not cancelled, the sum of 25% of the rental fee for the period cancelled. When the difference of the total of the rental fee for the original reservation and of the partially cancelled reservation is less than € 100,- partial cancellation shall not be possible.
6.8 In the case of cancellation by occupant CityMundo shall endeavour to find an alternative occupant for supplier.
Article 7 TREATMENT OF ACCOMMODATION
7.1 Occupant undertakes to conduct himself as a good occupant and to employ the accommodation only for the purpose for which it is intended.
7.2 The occupant must notify CityMundo immediately of any damage the occupant has caused to the accommodation or its contents. Occupant shall be liable both to the supplier and to CityMundo for such damage.
7.3 The occupant is prohibited from letting the accommodation or alienating it for occupation by third parties.
7.4 Occupier undertakes to vacate the accommodation and its contents in a clean and tidy condition. Unless there is written permission to the contrary occupier undertakes to vacate together with his companions and property the accommodation before 14:00 hour. Should occupant fail to do so he shall be due for each day or portion thereof a penalty immediately due of € 350,- and that without prejudice to CityMundo”s entitlement to compensation for damages.
Article 8 COMPLAINTS
8.1 Complaints on services provided must be reported by client to CityMundo upon discovery in order that the latter may adopt an appropriate solution.
Article 9 LIABILITY
9.1 In cases of damage sustained by client, who is not consumer in the sense stipulated in article 1, due to an act of omission, CityMundo shall be liable solely when the damage is the result of malice or willful recklessness on the part of CityMundo or its supervisory personnel. In cases where CityMundo can be held liable its liability shall be restricted to at the most the amount invoiced or to be invoiced for the accommodation, within the period during which the damage arose. In the case of malice or willful recklessness on the part of client all liability shall be excluded. CityMundo shall under no circumstance be held to compensation for other than property damage and/or damage to persons. Client, who is not also consumer, indemnifies CityMundo for any third party claims.
9.2 In cases of damage sustained by client, who is also consumer in the sense stipulated in article 1, pursuant to or connected with occupancy of the accommodation, the supplier of the accommodation in question shall be liable only when the damage is the result of malice or willful recklessness on the part of the supplier. Malice or willful negligence on the part of the client shall exclude all liability. The supplier shall under no circumstances be held to compensation for other than property damage and/or damage to persons.
Article 10 FORCE MAJEURE
10.1 During periods of force majeure the obligations of CityMundo shall be suspended. When the period during which force majeure renders it impossible for CityMundo to discharge its obligations lasts longer than 3 days either party is entitled to dissolve the contract without being held to any obligation to pay compensation for damages.
10.2 By force majeure shall be understood: every unforeseeable circumstance beyond the influence of CityMundo or circumstance that might reasonably considered to be beyond its influence, which prevents CityMundo meeting its obligations pursuant to the contract temporarily or permanently. Such circumstances include: war, war hazard, rioting or other acts of public disorder, fire, natural disasters, strikes, restrictive government measures, a general lack of the goods and services required to establish the service contracted, unforeseeable delays on the part of suppliers or other third parties on which CityMundo depends, delays that result in the supplier not (longer) having access to the accommodation and general transport problems.
10.3 When CityMundo has at the onset of the incident of force majeure met in part its obligations, or is able to meet its obligations only in part it shall be entitled to invoice separately that part that has already been implemented and/or that part that it can implement and the client shall be obligated to pay this invoice as if it were a separate contract.
Article 11 DISPUTES, APPLICABLE LAW AND PERIOD OF LIMITATION
11.1 Dutch law shall govern the contract between CityMundo and client.
11.2 All disputes shall be heard solely by the qualified court in Amsterdam, even when client is established abroad and a treaty arrangement would recognize a foreign court as qualified, unless parties agree otherwise. The Vienna Sales Convention shall not apply for any disputes.
11.3 When a dispute is governed by the sole authority of the court, the court in Amsterdam shall be solely qualified. The client, who is also consumer in the sense stipulated in article 1, shall be entitled during a period of one month from CityMundo appealing in writing to this provision, to opt for settlement of the dispute by civil magistrate qualified by law.
11.4 Insofar as not agreed otherwise in writing all client”s rights to any claim on CityMundo shall expire one year from the date of the incident on which such claim is based.