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TERMS AND CONDITIONS

These terms and conditions relate to the use of the service of VIDAVILLA by (legal) persons seeking rental accommodation. In using the service of VIDAVILLA, you confirm that you understand and agree to be bound the terms and conditions stated herein.

1    INFORMATION ABOUT VIDAVILLA

1.1    VIDAVILLA operations
VIDAVILLA is run and operated by The Big Group bv which has its registered place of business at Bloemgracht 63-5, 1016 KG Amsterdam, The Netherlands.

1.2    Incorporation and financial details

  • Chamber of Commerce:     3412814
  • VAT number:    8087.78.83333.B015400
  • Bank:    Rabobank, Dam 16, Postbus 94374, 1090 GJ Amsterdam
  • Account name:    The Big Group
  • Account number:    11.98.50.613
  • IBAN:    NL39 RABO 0119 8506 13

2    YOUR STATUS

2.1    Use of services
By using the services of VIDAVILLA, you warrant that:
a)    you are at least 18 years old.
b)    you are legally capable of entering into a binding contract between yourself and a third party including but not limited to owners of properties listed on the VIDAVILLA website and properties that although not (yet) listed on the site, that may be proposed to you by VIDAVILLA.

3    ENTERING INTO A CONTRACT

3.1    Rental properties and other services
VIDAVILLA 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”). At your request, VIDAVILLA will contact the relevant property owner(s) to ensure that there is availability for your selected dates and that other requirements are met. Alternative properties may be suggested if the property you are interested in is unavailable for the preferred period.

3.2    Binding agreement
Once you have indicated that you would like to make a booking, VIDAVILLA will bring you directly into contact with the property owner (or property manager) allowing you to settle final details and make a down payment. You will enter into an agreement with the owner directly, not with VIDAVILLA. 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. Typically, you would be expected to make a down payment to the owner of around 30% of the booking value on making the booking. Payment of the balance is typically due 6 weeks prior to the start date.
By enquiring about a property you are not entering into any commitment whatsoever. Only once you have confirmed a booking is there an obligation towards the property owner. VIDAVILLA does not charge the booking party a fee.

4    OUR STATUS

4.1    Third parties
VIDAVILLA 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    Applicable terms and conditions
VIDAVILLA does not establish contractual arrangements between itself and the booking party.
On making a booking, your agreement with be with the property owner directly and you will need to agree with that specific owner’s requirements regarding matters such as method and timing of payments, cancellation terms and refunds, settlement of deposits and damages.

6    OUR LIABILITY

6.1    Limitation
VIDAVILLA 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.

6.2    Exclusion
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.

7    COMMUNICATION

7.1    Medium
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 endeavours 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.

9    WAIVER

9.1    Terms
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

10.1    Terms
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 VIDAVILLA, 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

11.1    Circumstances
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

12.1   Applicability
Any dispute or claim arising out of provision and use of our services will be governed by Dutch law.