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Terms and conditions

RECRON TERMS AND CONDITIONS

These RECRON Terms and Conditions were drawn up in January 2003 in consultation with the Consumers' Association and the ANWB within the framework of the Self-Regulation Co-ordination Group (CZ) of the Social and Economic Council, and came into effect on 1 April 2003. The CZ appreciates it if the foregoing is mentioned when quoting from these General Terms and Conditions.

Article 1: Definitions In these Terms and Conditions the following definitions apply:

  1. camping equipment: tent, folding camper van, camper van, touring caravan, etc;
  2. pitch: any location for a camping means to be specified in the agreement;
  3. tourist site: a site that is available for a camping means for a period of three months at the most;
  4. entrepreneur: the company, institution or association that makes the site available to the holiday maker
  5. holiday maker: the person who enters into the agreement concerning the site with the entrepreneur
  6. co-owner: the person(s) also indicated on the agreement
  7. third party: any other person, not being the holiday maker and/or his fellow holiday maker(s)
  8. agreed price: the remuneration that is paid for the use of the tourist site; hereby it must be indicated by means of a price list what is not included in the price
  9. information: written or electronic information about the use of the rented pitch and the camping means, the facilities and the rules concerning the stay;
  10. Disputes Committee: Recreation Disputes Committee in The Hague, composed by ANWB/Consumentenbond/ RECRON;
  11. cancellation: the written termination of the agreement by the holiday maker before the commencement date of the stay.

Article 2: Content of Agreement

  1. The entrepreneur shall place at the disposal of the holiday maker the agreed upon site for recreational purposes, thus not for permanent residence, for the agreed upon period; the latter thereby acquires the right to place thereon a camping means of the agreed upon type and for the indicated persons.
  2. The entrepreneur shall be obliged to provide in advance to the holiday maker the written information on the basis of which the agreement is partly concluded. The entrepreneur shall always inform the holiday maker timely in writing of any changes therein.
  3. In the event that the information deviates considerably from the information provided at the conclusion of the agreement, then the holiday maker shall be entitled to cancel the agreement without any costs.
  4. The holiday maker shall be obliged to observe the agreement and the rules in the accompanying information. He shall see to it that fellow holiday maker(s) and/or third party/parties visiting him and/or staying with him observe the agreement and the rules in the accompanying information.
  5. In the event that the provisions of the agreement and/or the information belonging thereto conflict with the RECRON¬conditions, then the RECRON¬conditions shall prevail. This does not affect the fact that the holiday maker and the entrepreneur can make individual supplementary agreements whereby these terms and conditions are deviated from in favour of the holiday maker.
  6. The entrepreneur assumes, that the holiday maker enters into this agreement with the consent of his possible partner.

Article 3: Duration and expiry of the agreement

The agreement expires by operation of law after the expiration of the agreed period, without notice of termination being required.

Article 4: Price and price change

  1. The price is agreed on the basis of the rates valid at that time, which are determined by the entrepreneur.
  2. In the event that, after the determination of the price, because of an increase of the burden on the side of the entrepreneur, extra costs arise as a consequence of an increase of charges and levies that relate directly to the site, the camping means or the holiday maker, then these may be passed on to the holiday maker, also after the conclusion of the agreement.

Article 5: Payment

  1. The holiday maker must make the payments in euros, unless otherwise agreed upon, taking into account the periods of time agreed upon.
  2. a. In the event that a booking has been made more than six weeks before the date of arrival and the holiday maker, despite prior written demand for payment, does not or not adequately fulfil his payment obligation within a period of two weeks after the written demand, then the entrepreneur shall be entitled to cancel the agreement with immediate effect, notwithstanding the right of the entrepreneur to demand full payment of the agreed price;
    b. In the event that a booking is made six weeks or less before the date of arrival and the holiday maker has not timely or not properly fulfilled his payment obligation, then the agreement shall be terminated by operation of law whereby the holiday maker shall owe a remuneration to the entrepreneur in accordance with article 6 paragraph 1. The entrepreneur shall inform the holiday maker beforehand of the consequences of non-timely payment.
  3. holiday maker access to the grounds, notwithstanding the right of the entrepreneur to demand full payment of the agreed price.
  4. The extrajudicial costs reasonably made by the entrepreneur, after notice of default, shall be at the expense of the holiday maker. In the event that the total amount has not been paid on time, then, after written summons, the statutory interest rate shall be charged on the outstanding amount. 

Article 6: Cancellation

  1. In case of cancellation, the holiday maker shall pay a remuneration to the entrepreneur. This amounts to:
    1. in case of cancellation more than three months before the starting date, 15% of the agreed price;
    2. in case of cancellation within three to two months before the commencement date, 50% of the agreed price;
    3. for cancellation within two to one month before the commencement date, 75% of the agreed price;
    4. for cancellation within one month before the effective date, 90% of the agreed price;
    5. for cancellation on the day of the effective date, 100% of the agreed price.
  2. The remuneration shall be refunded proportionately, after deduction of administration costs, in the event that the place is reserved by a third party on the recommendation of the holiday maker and with the written consent of the entrepreneur for the same period or part thereof.

Article 7: Use by third parties

  1. Use by third parties of a camping means and/or the site belonging thereto shall only be permitted in the event that the entrepreneur has given written consent thereto.
  2. The consent given may be subject to conditions, which in that case must first be laid down in writing.

Article 8: Premature departure of the holiday maker

The holiday maker shall owe the full price for the agreed upon rate period.

Article 9: Interim termination by the entrepreneur and eviction in the event of an attributable shortcoming and/or a wrongful act

  1. The entrepreneur can terminate the agreement with immediate effect:
    1. In the event that the holiday maker, fellow holiday maker(s) and/or third party/parties do not or not adequately comply with the obligations resulting from the agreement, the rules in the accompanying information and/or government regulations, in spite of prior written warning, and to such an extent that according to the standards of reasonableness and fairness, the entrepreneur cannot be required to continue the agreement;
    2. If the holiday maker, despite prior written warning, causes nuisance to the entrepreneur and/or fellow holiday makers, or spoils the good atmosphere on or in the immediate vicinity of the grounds;
    3. In the event that the holiday maker, despite prior written warning, acts contrary to the purpose of the grounds by using the site and/or his camping means;
    4. In case the camping means of the holiday maker does not meet generally recognized safety standards.
  2. In the event that the holiday maker fails to vacate his site, then the entrepreneur shall be entitled to vacate the site in accordance with Article 10 paragraph 2.
  3. The holiday maker shall in principle remain obliged to pay the agreed rate.
     
  4. In the event that the entrepreneur wishes premature termination and eviction, he must inform the holiday maker thereof in a personally handed letter. This letter must point out to the holiday maker the possibility to bring the dispute before the Disputes Committee and the period of time, as described in Article 14 paragraph 3, that must be observed. The written warning may be omitted in urgent cases.
  5. After cancellation, the holiday maker must see to it that his site and/or camping means is vacated and the grounds are left as soon as possible, but within 4 hours at the latest.
  6. In the event that the holiday maker fails to vacate his site, then the entrepreneur shall be entitled to vacate the site in accordance with Article 10 paragraph 2.
  7. The holiday maker shall in principle remain obliged to pay the agreed rate.

Article 10: Eviction

  1. When the agreement has ended, the holiday maker must, at the latest on the last day of the agreed period, vacate the site and vacate it completely.
  2. In the event that the holiday maker does not remove his camping means, then the entrepreneur shall be entitled, after written summons and observing a period of seven days starting at the day of receipt, to vacate the site at the expense of the holiday maker, notwithstanding the provisions of Article 9 paragraphs 2 and 3. Possible storage costs, in so far as reasonable, shall be at the expense of the holiday maker.

Article 11: Laws and regulations.

  1. The holiday maker shall ensure at all times that the camping means placed by him, both internally and externally, comply with all environmental and safety requirements that are or may be imposed on the camping means by the government, or by the entrepreneur within the framework of environmental measures for his company.
  2. The entrepreneur has the obligation to comply with the provisions of the EFCO Charter, called "Controlling External Risks at Camping Companies". The contents of the Charter can be consulted on the publicly accessible part of the RECRON¬site (www.recron.nl).
  3. LPG¬ installations are allowed on the site only if they are located in motor vehicles approved by the National Road Administration.
  4. In case the holiday maker has to take preventive measures by virtue of municipal fire regulations, such as having an approved fire extinguisher at hand, the holiday maker shall strictly observe these regulations.

Article 12: Maintenance and construction

  1. The entrepreneur is obliged to keep the recreation area and the central facilities in a good state of maintenance.
  2. The holiday maker shall be obliged to keep the camping means placed by him and the accompanying site in the same state of maintenance.
  3. The holiday maker, fellow holiday maker(s) and/or third party/parties shall not be allowed to dig into the grounds, to fell trees, to trim down bushes, to erect antennae, to put up fences or partitions, or to erect structures or other facilities of any nature whatsoever near, on, under or around the camping means without prior written consent of the entrepreneur.
  4. The holiday maker shall at all times remain responsible for keeping the camping means and the facilities mentioned in paragraph 3 movable.

Article 13: Liability

  1. The statutory liability of the entrepreneur for other than personal injury and death damage shall be limited to a maximum of €455,000. per event. The entrepreneur is obliged to insure himself for this.
  2. The proprietor shall not be liable for any accident, theft or damage on its premises unless it is the result of a failure attributable to the proprietor.
  3. The entrepreneur is not liable for the consequences of extreme weather conditions or other forms of force majeure.
  4. The entrepreneur shall be liable for failures in his part of the utilities unless he can invoke force majeure or if these failures are connected with the pipeline from the takeover point of the holiday maker.
  5. The holiday maker shall be liable for failures in the part of the utilities counted from the takeover point, unless there is force majeure.
  6. The holiday maker shall be liable towards the entrepreneur for any damage caused by the acts or omissions of himself, the fellow holiday maker(s) and/or third party/parties as far as it concerns damage that can be attributed to the holiday maker, the fellow holiday maker(s) and/or third party/parties.
  7. The entrepreneur undertakes to take appropriate measures after notification by the holiday maker of nuisance caused by other holiday makers.

Article 14: Dispute resolution

  1. All disputes relating to the agreement are governed by Dutch law. Only the Geschillencommissie or a Dutch court is authorized to take cognizance of these disputes. Notwithstanding the provisions of paragraph 3, where the terms and conditions refer to the Disputes Committee, this does not affect recourse to the civil courts.
  2. Disputes between the holiday maker and the entrepreneur about the conclusion or the execution of the agreement to which these terms and conditions apply may be submitted by both the holiday maker and the entrepreneur to the Geschillencommissie Recreatie, Postbus 90600, 2509 LP 's¬Gravenhage (visiting address: Bordewijklaan 46, 2591 XR 's¬Gravenhage). A dispute shall only be dealt with by the Disputes Committee in the event that the holiday maker has submitted his complaint in writing to the entrepreneur within two weeks after it has arisen. Thereafter, the holiday maker must bring the dispute in writing before the Disputes Committee not later than two months after he has submitted his complaint to the entrepreneur, stating names and addresses of the holiday maker and the entrepreneur and a clear description of the dispute and the claim. When the holiday maker has submitted the dispute to the Disputes Committee, the entrepreneur shall be bound by this choice.
     
  3. The Disputes Committee is not authorized to handle a dispute that relates to a complaint about illness, bodily injury, death or the non-payment of an invoice that is not based on a material complaint.
  4. If the entrepreneur submits a dispute to the Disputes Committee, the Disputes Committee shall only handle this dispute after the holiday maker has declared in writing within one month that he shall submit to the judgment of the Disputes Committee and has deposited any (remaining) amount due with the Disputes Committee.
  5. In case the holiday maker brings a dispute before the Disputes Committee, the Disputes Committee shall only deal with this dispute after the holiday maker has deposited any (remaining) amount owed to the entrepreneur with the Disputes Committee. The holiday maker must deposit this amount within one month into an account to be designated by the Disputes Committee. If the holiday maker has not timely deposited, it is assumed that he does not want to submit to the judgment of the Disputes Committee.
  6. A fee shall be payable for handling a dispute.
  7. For the handling of disputes, reference is made to the Regulations of the Recreation Disputes Committee.
     

Article 15: Compliance guarantee

  1. RECRON shall take over the obligations of a RECRON member vis-à-vis the holiday maker, imposed upon him by the Disputes Committee in a binding opinion, under the conditions agreed upon between RECRON and the Stichting Geschillencommissie voor Consumentenzaken (Disputes Committee for Consumers' Interests Foundation), in the event that the entrepreneur in question has not fulfilled these obligations within the term stipulated in the binding opinion.
  2. If the entrepreneur has submitted the binding opinion to the civil court for review within two months after the date thereof, any compliance with the binding opinion shall be suspended until the civil court has rendered a decision.
  3. In order for the compliance guarantee to apply, it shall be required that the holiday maker makes a written appeal to RECRON.

Article 16: Changes

Changes in the RECRON terms and conditions may only be effected in consultation with the consumer organizations, in this matter represented by ANWB and the Consumers' Association.