Definitions

The following definitions apply to these terms and conditions:

1. Agreement: this brokerage agreement between the Homeowner and Rental Valley.
2. Rental agreement: the agreement reached between the Homeowner and Tenant through mediation by Rental Valley.
3. Rental conditions: the rental conditions that apply to the Rental Agreement.
4. Tenant: the person who rents or wishes to rent a Property.
5. Guests: persons who stay in the Property as permitted by the Rental Agreement.
6. Property: the rental object in whatever form and under whatever name specified by Homeowner in the Agreement, including all movable and immovable property present on the Homeowner’s property or present at the start of the rental period.

1. Rental Valley obligation to perform and rental estimate

1.1. Rental Valley will lease the Property provided at its reasonable capacity on behalf of the Homeowner. Rental Valley is subject to a best effort obligation but cannot guarantee a result and/or a minimal rental turnover.

1.2. Should Rental Valley state the number of weeks it expects to be able to lease the Property, this is a non-binding estimate. Rental Valley offers no guarantees that the number of weeks the Property is leased will correspond to the estimated number of weeks.

2. Homeowner’s obligations

Fulfilment of the Rental Agreement

2.1. The Homeowner will ensure they meet their obligations towards the Tenant as laid out in the Rental Agreement.

No home visits

2.2. The Homeowner will make their Property fully available on dates for which bookings have been made by Rental Valley and waive personal use of the Property on said dates. Should the Homeowner wish to visit the Property during a booking, the Guests must provide permission. The Homeowner will communicate such requests to the Rental Valley helpdesk ([email protected] or +31 (0)20-8208953).

Cancellation costs

2.3. Costs incurred by reversing the Property’s availability after bookings have been made or by cancellation are the Homeowner’s responsibility. These costs include Rental Valley’s commission, any rebooking costs incurred by the Tenant, and cancellation fees charged by booking/rental platforms.

Payment of taxes and fees

2.4. The Homeowner is responsible for paying tourist tax, VAT, and income tax with regards to the Property. In the event a booking/rental platform pays tourist tax directly to a municipality (as is currently the case in Amsterdam with Airbnb), Rental Valley will advise the user of this at the end of the month.

Permits

2.5. The Homeowner is solely responsible for ensuring the correct permits for leasing to tourists and, where applicable, the necessary permission from the mortgage lender and/or HOA.

Gas, water, electricity

2.6. The Homeowner remains responsible for timely payment of the Property’s gas, water, and electricity bills.

Maintenance and safety

2.7 The Homeowner must ensure that the Property and land are in good condition. The Property must align in detail with the description and map provided by the Homeowner. The Homeowner is responsible for any errors or misrepresentations, even in the event the Property is viewed by (an employee of) Rental Valley.

2.8. The Homeowner is responsible for ensuring safety in and around the Property.

2.9. Rental Valley reserves the right to conduct checks whenever it sees fit in order to ascertain whether the Property is in suitable condition for leasing.

Platform requirements

2.10. The Homeowner must ensure that the Property meets basic requirements set by the relevant booking/rental platforms. The Homeowner is aware that many platforms’ conditions include the assumption that Tenants may claim a full or partial refund in the event the Property does not meet said basic requirements. Non-functioning of essential features such as heating and hot water can quickly lead to a Tenant rebooking and claiming a full refund. Tenants are also entitled to a partial refund in the event of malfunctions as a result of disruption.

Insurance

2.11. The Homeowner is responsible for the Property’s insurances, which must be understood to mean adequate liability insurance, property insurance, and building insurance that permits recreational rental. Rental Valley reserves the right to request and review any and all such policies via the Homeowner.

Property damage

2.12. The Homeowner accepts the Code of Conduct for Deposit Handling in these General Terms and Conditions.  

2.13. The Homeowner is responsible for any damages caused by Guests that exceed the deposit amount. The Homeowner is hereby advised to take out household insurance suitable for holiday rentals to tourists. Rental Valley is not liable for any damage caused by Guests to or inside the Property or otherwise. The Homeowner indemnifies Rental Valley against claims by Tenants or Guests regarding defects in the Property.

Legislation

2.14 Rental Valley B.V. is active in Europe. It is the Homeowner’s responsibility to be aware that local laws and regulations may differ per country, region, or city.

Non-compliance with obligations

2.15. Any costs incurred by Rental Valley or Tenants or Guests such as rebooking or refund costs as a result of non-compliance with obligations will be billed to the Homeowner.

2.16. In the event Rental Valley is held liable or fined as a result of non-compliance with obligations by the Homeowner or the violation of obligations outlined in this agreement, the Homeowner indemnifies Rental Valley against said claims and damages.

3. Reimbursement and payment

3.1. The Homeowner is obligated to actively monitor the Rental Ninja reservation system and review details of bookings. If Rental Valley accepts a booking with a price per night lower than the agreed minimum Rental Amount per night, the Homeowner may object to this within 14 days after the booking and 1 day before the start of the rental period at the latest. If such an objection is submitted, Rental Valley will cancel the booking. After the objection has expired, the Homeowner holds no right to compensation for the difference between the minimum and actual Rental Amounts.

3.2. The Tenant has agreed to pay the full Rental Amount to Rental Valley or the booking/rental platform involved. Rental Valley will pay the Homeowner the Rental Amount minus their commission.

3.3. The collection of rent from the Tenant will occur at least 14 days before the date of arrival in case of a standard booking. For last-minute bookings, the rent will be collected from the Tenant during check-in at the latest.

3.4. Rental Valley will pay the Rental Amount received minus their commission to the Homeowner before the 15th of the following month via bank transfer.

3.5. Rental Valley reserves the right to take necessary measures to collect the Rental Amount and is not obligated as such. The Homeowner will take no measures against the Tenant unless and until Rental Valley declares it will take no measures.

4. Cancellation by a booking/rental platform

4.1. Booking/rental platforms may on occasion cancel a booking unexpectedly, for example, if a Tenant does not meet the platform’s criteria. Rental Valley B.V. is not responsible for any loss of income as a result of such.

5. Deposit and deposit handling

Deposit

5.1. Tenants are required to pay a deposit for any bookings via Rental Valley. The deposit amount will be stated in the brokerage agreement.

Collection and handling of the deposit

5.2. When booking via Airbnb, Airbnb will collect the deposit and mediate the handling of a damages claim. In the event of disagreement between Rental Valley (on behalf of the Homeowner) and the Tenant regarding the deposit amount, Airbnb will have the final say.

5.3. For other bookings we will use our partner, Swikly (www.swikly.com). Swikly acts as an independent party, collecting the deposit and assessing the deposit amount owed in the event of damages. Swikly will ultimately determine how much is paid out in the event of certain damages.

5.4 As minor conflicts surrounding deposits can lead to a substantial loss of revenue a year later, damages and nuisances are an important theme. This is due to the growing impact of negative reviews and is also why the following code of conduct for deposit handling applies:

Code of Conduct for deposit handling – Homeowner

5.5. As the Homeowner, you accept that:

– leasing of the Property entails risk and inevitably results in more intensive use of the Property.

– an average of 5% of revenues per year must be reserved for damage and minor maintenance due to said intensive use.

– damage/wear and tear due to normal use is not covered by the deposit and is at the Homeowner’s own risk. Examples of damage caused by normal use include:

• • Wear and tear to furniture, including couch, red wine stain on couch, damage to wall as a result of dragging luggage, all damage to or malfunctions in water and heating systems, sudden malfunctioning of technical devices, cracked floor tile, scratches on the hob, scratches on wooden table with a fork caused by a child, scratches on countertop caused by hot pan, cracking in refrigerator plate, coloured pencil marks on wall, stains on curtains, windscreen broken due to being left outside, outdoor furniture cushions wet due to being left outside, incorrect air conditioning settings.

– Damage to certain elements cannot generally be attributed to a specific Tenant and therefore cannot be recovered from the deposit. Examples: doors that no longer close, damage to floors, hinges, and locks.

– Platforms (Airbnb, Booking.com, HomeAway), Rental Valley, and Swikly will mutually determine a reasonable amount in damages following a claim for which the deposit will be used without consultation with the Homeowner.

– Platforms are inclined to decide in the Tenant’s or the Guest’s favour when it comes to deposit assessment.

– Household insurance is advised in case of damages, in particular, damages that exceed the deposit amount.

– Damage and insurance costs cannot be recovered from Rental Valley.

– If Rental Valley removes a Tenant/Guest from the Property, for example, due to violation of the house rules, the Tenant/Guest will be reimbursed for any remaining nights booked.

– In the event of clear negligence or violated of the house rules on the part of the Tenant/Guest, Rental Valley may withhold the deposit.

Code of Conduct for Deposit Handling – Rental Valley

5.6. Rental Valley utilises the following procedure in the event of damage:

– The host or cleaner observes damage and reports this to the office

– A Rental Valley helpdesk employee contacts the Tenant/Guest to discuss the damage

– If the Tenant/Guest acknowledges the damage and admits to having caused said damage, Rental Valley determines the amount in damages and bills the Tenant/Guest

– If the Tenant/Guest does not admit to having caused the damage, Rental Valley assesses whether it can sufficiently demonstrate that the damage is the result of negligence.

1. If this cannot be adequately proven, Rental Valley takes no further action and proceeds to discuss repairs with the Homeowner.
2. If there is clear evidence of negligence, Rental Valley submits a request for the deduction of the deposit to Airbnb or Swikly. If said request is granted, the deposit paid to Rental Valley in the following monthly payment will be paid to the Homeowner.

Nuisance

5.7. Rental Valley utilises the following procedure in the event of a nuisance:

– A Homeowner, authority such as police or municipal officer, host, or neighbours observe a nuisance at the Property.

– A Rental Valley employee checks the accuracy of the facts.

– If it is confirmed that a nuisance has been caused, a Rental Valley employee contacts the Tenant/Guest regarding the violation of the Rental Conditions/house rules.

– The Tenant/Guest receives an official warning either verbally or in writing unless the conduct is egregious enough to justify immediate removal from the Property or withholding of the deposit. If the Tenant/Guest is uncooperative they receive an official warning via WhatsApp, SMS, email, and/or the channel via which they booked their stay.

– In the event of another nuisance following an official warning. Rental Valley proceeds with a request to withhold the deposit and/or remove the Tenant/Guest from the Property.

6. Review policy

6.1. Tenants are invited by all platforms to leave a review. Platforms send multiple reminders in an effort to persuade Tenants to leave a review. Rental Valley will not approach Tenants regarding reviews.

6.2 Available remedies for the removal of negative reviews are limited. Reviews can only be removed if it can be proven that a Tenant has been untruthful or if text is clearly abusive or unnecessarily offensive.

6.3 Rental Valley does not respond to reviews as standard procedure, although this is possible at the Homeowner’s request.

6.4. Reviews on most platforms are tied to the Rental Valley agency and cannot be transferred, with the exception of reviews on Booking.com and HomeAway.

7. Sale of the Property

7.1. If the Property is sold or transferred to a third party, the Homeowner undertakes to transfer all outstanding obligations to the new owner and to inform the new owner of existing rental agreements that must be honoured until the last booking.

7.2. If the new owner does not fulfil their obligation to comply with existing rental agreements, the Homeowner is liable for any damages suffered by Rental Valley and the Tenant.

7.3. The Homeowner undertakes to immediately inform Rental Valley in writing of a future change in ownership.

8. Term and cancellation

8.1. The agreement is entered into for an indefinite period of time and can be terminated by either party with a notice period of two months. Any bookings already scheduled must be fulfilled to the Tenant.

9. Liability limitation

9.1. Without prejudice to other liability limitations mentioned in this agreement, Rental Valley’s liability towards the Homeowner, for any reason, is limited to the commission paid to Rental Valley in relation to the Property over the last year. Every compensation claim initiated by the Homeowner will expire after one year.

10. Miscellaneous

Rejection of purchase conditions

10.1. Any conditions or exceptions put forward by the Homeowner do not form part of this Agreement, unless Rental Valley has explicitly agreed to such in writing.

Unofficial  homeowner

10.2. Insofar as the Homeowner is not the legal owner of the Property referred to in this Agreement, the Homeowner hereby declares that they are authorised to lease the Property. The Homeowner further guarantees that all of their obligations arising from this Agreement also apply and will be honoured in full by the Homeowner(s) and/or any intermediate (sub)landlords. The Homeowner indemnifies Rental Valley against any claims initiated by the Tenant, Guests, and/or any third parties as a result of any action or inaction on the part of the Homeowner, the actual owner(s), or intermediate (sub)landlords.

Relationship clause

10.3. For the duration of the term of this Agreement or a period of twelve months after its expiry, the Homeowner is not permitted to make any direct or indirect offer to or enter into rental agreements for the Property with Tenants or Guests regarding whom Rental Valley has mediated.

Non-compliance of Homeowner

10.4. In the event the Homeowner fails to comply with this Agreement and the obligations laid out herein towards Rental Valley or the Tenant, the Homeowner is liable for any damages suffered by Rental Valley without further notice of default.

Intellectual property

10.5. The Homeowner grants Rental Valley perpetual, non-exclusive, and transferable right of use with regard to supplied image material necessary for the execution of the Agreement. The Homeowner indemnifies Rental Valley against third-party claims for infringement of intellectual property rights (including copyrights) with regard to image material sent and/or made available.

Transfer of this agreement

10.6. Rental Valley reserves the right to transfer this legal relationship to another party without further consent.

Conversion

10.7. If a provision laid out in these conditions proves to be void or is destroyed, this will not affect the validity of the remaining provisions. Where possible, a valid provision will replace any invalid provisions.

Change clause

10.8. Rental Valley reserves the right to unilaterally amend this agreement, unless the change results in a substantial disadvantage to the Homeowner. If the Homeowner believes this to have occurred, the Homeowner must make such known within two months.

Amendment to the Rental Conditions

Rental Valley reserves the right to unilaterally amend the Rental Conditions. Any significant changes are announced in advance. The Homeowner then has 14 days to register any objection to said changes. Failure to communicate an objection (in time) will be seen as implicit agreement. Minor changes may be made at any time without notice.

Governing law

10.10. This agreement and any associated legal relationships are exclusively governed by and construed in accordance with Dutch law, unless this is contrary to mandatory law.

Jurisdiction

10.11. This agreement is subject to the jurisdiction of the Amsterdam court, unless this is   contrary to mandatory law.

Download these terms & conditions as .pdf here!