These General Terms and Conditions, Holiday Home ABC and the current price overview, apply to all holiday homes in Denmark. For holiday homes in Denmark, DanCenter A/S operates as an intermediary, in its own name, between the tenant and the holiday home owner. DanCenter A/S does not own the holiday homes. They solely operate as an intermediary between the tenant and the holiday home owner for purposes of holiday home rental. With the signing of agreement, DanCenter A/S operates as an intermediary in its own name. DanCenter A/S is, however, always the customerâs contractual partner. These general terms and conditions are only valid in the contractual relationship between DanCenter A/S and tenants of Danish houses.
1. Conclusion of a rental agreement with DanCenter A/S regarding holiday homes in Denmark
1.1 In the General Terms and Conditions of Rental below the abbreviation DC is used for DanCenter A/S.
1.2 By making a booking, the tenant submits a binding offer to DC to conclude an agreement for rental of the holiday home selected by the customer. The booking must be made in writing, orally or by telephone â directly with DC or through the tenantâs travel agency. The tenant rents a holiday home in Denmark by making a booking with DC. The booking is binding for the tenant. DC\\\'s acceptance is subsequently communicated to the tenant in the form of a written acceptance and confirmation.
1.3 When a booking is made on the Internet via one of DCâs websites the booking is confirmed electronically. But in this case the tenant is required to print the rental certificate himself. DC has indicated the address of the holiday home and the key collection point on the rental certificate. A confirmation from the tenantâs travel agency does not replace DCâs confirmation. Upon arrival at the key collection point, the rental certificate must be given to the local office, the holiday home owner or his representative. The tenant then receives the keys to the holiday home and a consumption statement (if consumption-related costs are not included) on which the meter readings for all consumption-related costs (electricity, heating, gas and water) must be noted upon arrival and departure.
1.4 If the contents of the agreement are not in compliance with the booking and the tenant cannot accept the agreement, the tenant must notify DC in writing within ten (10) days. If the tenant fails to do so, the agreement will be deemed to be concluded and accepted in its present form.
1.5 The rental payment includes cancellation protection, which permits the tenant to cancel subject to the applicable cancellation conditions (see clause 6.) We also point out that the rental payment includes a special holiday policy for the tenant. A detailed specification of coverage and conditions is available on www.dancenter.dk/info/forsikring.
1.6 Until the day of arrival the tenant may assign the voucher and its relative rights and obligations to a third party. DC may refuse to accept the assignment in case a third party has no intention to use the holiday home for holiday purposes, if the participation of a third party conflicts with the law or the rules of public authorities, or if the tenant intends to make a professional assignment of the rental agreement to another person. In case of assignment to a third party, the tenant is liable for any damaging action, and tenant and third party are jointly and severally liable for any claim made by DC, among these any claim made by DC in relation to the present agreement. The expenses for the assignment of tenantâs rights and obligations are DKK 500.
1.7 The person signing a rental agreement, must be 18 years of age.
2.1 When the rental agreement is concluded, DC will forward a confirmation and a rental certificate. Concurrently with the conclusion of the rental agreement, a prepayment of 25 percent of the total rental payment falls due. The balance must be received by DC not later than 36 days before commencement of the rental period â due to DCâs obligations to the holiday home owner. If the booking is made between 55-21 days before commencement of the rental period, payment must be made immediately upon receipt of DCâs confirmation, either through a bank transfer or by payment or credit card. If the booking is made less than 21 days before commencement of the rental period, payment must be made immediately, but in this case payment can only be made by payment or credit card. If the full rental price is not paid on time, the tenant cannot make any claims against neither DC nor the holiday home owner. The total rental amount includes an administration fee of DKK 100 (EUR 16) covering all DC expenses with regard to collection/return of any deposit as well as use of credit card. The administration fee will be collected with the prepayment and will not be refunded in case the tenant wishes to cancel the rental agreement cf. item 6.
2.2 The prices stated are weekly prices (Saturday to Saturday). The price depends on the season. In case a tenant has rented a holiday home for more than one week, the weekly price may vary if the weeks fall in different seasons. The rental price for certain houses includes final cleaning. More information in this regard in clause 3.1. The prices stated for rent of boat, motor boat and the like are also weekly prices.
3. The holiday home/other costs/deposit etc.
3.1 The holiday home may only be occupied by the maximum number of persons stated in the description of the holiday home. However, the tenant may bring one child under the age of three (3) in additional to the maximum number of persons stated. If the maximum number of persons is exceeded, DC and the holiday home owner are entitled to demand that any persons in excess of the permitted number leave the holiday home. The rental period normally commences on a Saturday and the tenant can move in after 4:00 pm. Tents may not be pitched and campers etc. may not be parked on the site. It is the tenantâs obligation to clean the holiday home. Upon departure, the holiday home, furniture and equipment must be cleaned. DC offers a final cleaning service for an additional fee. This service can be booked at DCâs local office or when the booking is made. Even when the tenant has opted for the final cleaning service, the tenant must leave the holiday home tidy with the dishes done so that crockery, cutlery and similar kitchenware are clean. On the day the rental period ends, the tenant must leave the holiday home at 10:00 am at the latest. If the final cleaning service is mandatory for the holiday home in question, this will be clearly stated. The price of the mandatory final cleaning is payable together with the rental price. In price lists and schedules two different weekly prices are stated for the mandatory final cleaning. The highest price is the rental price for one (1) week including final cleaning and the lowest price is the rental price per week for additional weeks.
3.2 Consumption of electricity, heating, gas and water represents additional costs that must be paid upon departure when the key is returned, see clauses 1.1 and 3.3. The price per kWh for power is approx. DKK 2.80 in Denmark and EUR 0.28-0.39 in Germany. In Norway and Sweden the price of electricity, water and gas is fixed by the holiday home owner. Therefore, no approximate prices can be indicated in these General Terms and Conditions of Rental. A normal consumption â excluding heating â in high season would be approx. 150 kWh per week. In the cold seasons and in holiday homes with pool and/or jacuzzi and/or sauna (depending on the use of these facilities), additional costs should be anticipated. In Denmark gas is approx. DKK 8.30 per m3 and in Germany EUR 0.70-1.00 per m3. In holiday homes with an indoor readable water meter, a utility charge of DKK 45-85 per m3 in Denmark and EUR 4-7 per m3 in Germany may be collected. The price depends on the costs for the regional water utility. Please note that the consumption related costs for the entire rental period, mentioned in the rental agreement, will be invoiced whether or not the tenant makes use of the house during the entire period.
3.3. When the booking is made or when the key for the holiday home is picked up, in some cases a deposit is required. The deposit payment is made as a guarantee for getting back the key and for the tenant leaving the holiday home clean and without any damages at departure. For some holiday homes a higher deposit may be imposed. The deposit will be deducted from the amount for consumption related costs, damage or cleaning related costs, if any, and returned about 21 days after departure day. When the duration of a rental period is more than 3 weeks, or the rental period is placed between Christmas and New Year, a triple deposit is to be paid at the latest when picking up the key. In case a group wants to book a holiday home, the single holiday home owner will ask for a higher deposit. A group is defined as minimum 6 persons who are not on a family or couple holiday. Another kind of group is defined as 6 persons or more who are all under 25 years old. This kind of groups must pay a higher deposit (3,500 DKK) per person. Furthermore the local service office, the owner or his substitute are entitled to demand a payment for the final cleaning which is mandatory in such cases. In case a house is not available for letting to groups, it will appear from the respective house descriptions. Groups must inform about the fact that they actually are a group at the latest when concluding the rental agreement. The local service office, the owner or his substitute are entitled to refuse admission to the house for a group if the information about the customers being a group has not been given when concluding the rental agreement.
When the tenancy terminates, the tenant is obliged to return the key to the local service office, the owner or his substitute at the same time paying for any extra expenses. The holiday home will be checked with regard to satisfactory final cleaning carried out on the departure day, and the settled amount for extra expenses will be checked by the local service office, the owner or his substitute. This check must take place at the latest before the next tenancy.
3.4 The tenant may bring up to two (2) pets in the holiday homes marked with a dog symbol in the description of the holiday home. Dogs must be kept on a leash.
4. Rental agreement
4.1 The services covered by the rental agreement are those appearing from DCâs description of the holiday home only. In addition, any amendments written on the rental certificate or subsequently notified to the tenant in writing apply. Agreements that are not in compliance with the above are subject to written confirmation by DC.
4.2 All information provided by DC is subject to amendment. Errors and typing errors etc. excepted.
4.3 Brochures about the holiday home, the area or ferries not published by DC are not binding on DC.
4.4 Travel agencies, Internet portals and other booking centres are not authorised to conclude agreements that are not in compliance with DCâs General Terms and Conditions of Rental or information in the current catalogue.
4.5 DC undertakes to act in compliance with good business practice when operating as an intermediary, including: Meticulous selection of the holiday homes and careful control of them, and warranty of the correctness of the descriptions of the holiday homes. Subject to the reservations and limitations stipulated, DC warrants the performance of the agreement.
5. Amending the rental agreement and price increases
5.1 DC is entitled to amend the rental agreement after its conclusion if the reason for the amendment is that DC has obtained knowledge that the holiday home is in fact not as originally reported to or presumed by DC. Such amendment can only be made if DC was in good faith at the time the agreement was concluded and if the amendment does not influence the stay in the holiday home as a whole. DC is obliged to notify the tenant about any amendments or deviations with regard to the rental agreement immediately when DC obtains knowledge thereabout. If the amendments cause material inconvenience to the tenant, DC will offer a cost-free rebooking to a similar holiday home or a cancellation without costs for the tenant. Other than that, the tenant is not entitled to any compensation. The tenant must immediately state his claims with regard to these rights in writing or by e-mail.
5.2 DC reserves the right to adjust the rental price in case of changes in certain services, e.g. charges or exchange rates. Adjustments may be made as follows:
5.2.1 If the amount of e.g. a charge payable by DC changes after conclusion of the agreement, DC may change its weekly price accordingly.
5.2.2 In case of changes in exchange rates after the conclusion of the rental agreement, such changes causing the exchange rate to be higher/lower than the exchange rates fixed annually, the rent may be adjusted by a percentage similar to the percentage by which the value of the currency changed.
5.2.3 A price increase is only permitted if the period between the conclusion of the rental agreement and the rental period exceeds four (4) months and the increases were not already a fact at the time when the agreement was concluded or should have been foreseen by DC at that time.
5.2.4 If an adjustment of the rental price is necessary, DC is obliged to notify the tenant without undue delay. In case of increases by more than 5 percent, the tenant is entitled to cancel the rental agreement or request another holiday home of minimum the same standard as compensation without additional costs to the tenant, the latter being subject to reasonable availability to DC. The tenant must notify DC about such request immediately after receipt of notice about the price increase due to the above circumstances.
6. Cancellation of the rental agreement by the tenant
6.1 Before the commencement of the rental period, the tenant may cancel the rental agreement at any time in writing, by mail or by e-mail to DC, stating the reason for the cancellation. The cancellation is not valid until received by DC. If the tenant cancels the agreement or fails to show up when the rental period commences, DC may demand payment of a fee to cover the arrangements made by DC with third parties and DCâs own costs and any compensation claims. The following cancellation fees will be charged (plus any insurance):
6.2 Until 60 days prior to commencement of the rental period: 25 percent of the total rental price, but not less than DKK 500/SEK 500/NOK 500/EUR 65 + administration fee.
6.3 From 59 to 35 days prior to commencement of the rental period: 50 percent of the total rental price, but not less than DKK 500/ SEK 500/ NOK 500/EUR 65 + administration fee.
6.4 From day 34 and up to and including the date of arrival or later and in case of failure to show up when the rental period commences: 100 percent of the total rental price + administration fee.
6.5 Prepaid extra services, e.g. bed linen, final cleaning and baby chair etc., will be 100% refunded if the tenant cancels the rental agreement.
7. Amendment of the rental agreement
7.1 Until 60 days prior to commencement of the rental period, DC will insofar as possible comply with any requests for amendment of the rental agreement by the tenant. DC will charge a fee of DKK 500/SEK 500/NOK 500/EUR 65 for such amendment. Subsequent amendments can only be made in the form of a cancellation of the rental agreement and new booking in pursuance of the terms and conditions stated above, see clause 6.1,
8. Unused agreed services
8.1 If the tenant does not use or fails to claim the services agreed in the rental agreement and this is not due to DCâs failure of due performance, the tenant is not entitled to any full or partial repayment.
9. DCâs termination for breach of the rental agreement
9.1 DC may terminate the agreement for breach in the following cases:
9.2 If the tenant, or a person accompanying the tenant, fails to keep the holiday home in good and tenantable repair or grossly disregards his obligations. DC reserves the right to claim damages beyond the rent and any deposit until all costs have been calculated and paid. Any additional costs in connection with the home journey are payable by the tenant.
9.3 If the tenant fails to comply with the due dates stated in clause 2, DC will send a reminder stating a later due date. After this date, DC is entitled to terminate the rental agreement for breach. If DC terminates the agreement for failure to pay the rental price, the cancellation fees in clause 6 apply with the original due date as the relevant date.
10. DCâs right to terminate the rental agreement
10.1 DC may terminate the agreement without notice if DC is unable to perform the agreement because the holiday home owner cannot or will not make the holiday home available to DC in the specific case and thus its tenants. It is a condition that DC is not itself the cause of the basic circumstances surrounding the holiday home ownerâs failure to perform his agreement with DC.
10.2 It is a condition for DCâs right to terminate the rental agreement that DC, if possible, offers the tenant a holiday home of a similar standard as the originally agreed holiday home and that the tenant does not accept this offer. In such case the rental price already paid will be refunded to the tenant.
10.3 In case of termination pursuant to clauses 10.1-10.2 above, DC disclaims any liability for claims for damages brought by the tenant, see clause 13.4.
11. Force majeure
11.1 If due to circumstances that could not be foreseen upon conclusion of the rental agreement the stay in the holiday home is considerably impeded, threatened or obstructed as a consequence of force majeure (e.g. war, prohibition as a consequence of or in pursuance of law or other administrative decisions, strike, lockout, oil or petrol rationing, closing of borders, epidemics, natural or pollution disasters etc.), DC or the tenant may terminate the agreement. If the rental agreement is terminated, DC may demand payment of DCâs costs and of the costs associated with terminating the stay in the holiday home.
11.2 If the holiday home is destroyed by fire or another accident, the agreement lapses without further notice.
12. The tenantâs remedies for breach
12.1 Remedial action DC is obliged to perform remedial action. If there is something wrong with the holiday home the tenant may request remedial action. DC may, however, refuse to perform remedial action if such action is associated with excessive costs to DC. DC may also perform remedial action by providing a replacement holiday home of a similar standard.
12.2 Price reduction The tenant may request a proportionate reduction of the rental price for the period the defect prevented the tenantâs full use and enjoyment of the holiday home. In such case the rent must be reduced by the difference between the value of the holiday home at the time of booking without defects and its value with the existing defects. It is a condition for this reduction that DC did not immediately remedy the defect or that it was not possible to remedy the defect within a reasonable time after the tenantâs complaint. Consequently, the tenant must give notice of any defects immediately (complaint).
12.3 Termination for breach If the holiday home has a defect and if DC does not immediately remedy the defect or if it is not possible to remedy the defect within a reasonable time, the tenant may terminate the rental agreement for breach if the defect is deemed to be material of if DC has acted fraudulently. For documentary reasons, termination must be in writing to DC by e-mail or letter. Upon termination, the tenant is obliged to pay to DC that part of the rental price that is calculated for the period during which the tenant used the holiday home.
12.4 Deadline for complaints If the holiday home has a defect when the rental period commences, the tenant must notify DC that he intends to submit a complaint not later than four (4) weeks after commencement of the rental period. Otherwise, the tenant will be deemed to have forfeited his right to make any claims in this regard. Please note that compensation cannot be claimed, unless DC has been given the opportunity to remedy the defect.
13. Disclaimer of liability for defects
13.1 DC cannot be held liable in damages for defects in the holiday home or its appurtenances insofar as DC is not guilty of gross negligence or intent.
13.2 DC cannot be held liable in damages for information provided by DC either orally or in its catalogue, on websites or in other material published by DC, which is not consistent with the actual conditions in the holiday home or holiday resort and which constitutes a defect insofar as the agreement is concerned, unless DC is guilty of gross negligence or intent in providing such information.
13.3 DC is not liable for defects in the holiday home which are due to failure of due performance of the holiday home owner. Consequently, DC is not liable for matters that constitute defects insofar as the agreement is concerned, when such defects are due to failure of due performance by the holiday home owner.
13.4 In connection with termination, see clauses 10.1-10.3, DC cannot be held liable in damages if the holiday home owner is unable to / not willing to make the holiday home available to the tenant, unless DC or the holiday home owner has acted in a way that gives rise to liability on its part through gross negligence or intent.
14. Disclaimer of liability for damage
14.1 The following applies to damage to the tenantâs property intended for private or commercial use and to damage to property intended for private or commercial use belonging to persons whom the tenant allows access to the holiday home.
DC is not liable as an intermediary according to the general rules of Danish law in case of damage to property intended for private or commercial use caused by defects in the holiday home, its furniture and equipment, including electrical appliances, loft sleeping spaces and beds (mattresses and bedclothes) as well as other equipment, including e.g. boats, bicycles, playground equipment, garden furniture and barbecue, which the holiday home owner as an intermediary or producer through ordinary negligence has brought into circulation. Furthermore, DC cannot be held independently liable for product damage according to the general rules of Danish law, unless DC in causing such damage is guilty of gross negligence or intent.
14.2 DCâs liability in damages is limited or disclaimed to the extent, due to international agreements or due to statutory rules applicable to the services a service provider (e.g. a holiday home owner) is to supply, liability in damages can only be claimed from the service provider under special conditions or subject to special restrictions or if liability under certain conditions is entirely disclaimed.
14.3 DC is not liable for cancellations or changes in connection with services rented or booked directly without involving DC as an intermediary (e.g. sports arrangements, excursions and the like).
15.1 Costs arising from illness during the holiday stay, including costs for home transport, are payable by the tenant. If the tenantâs state of health is unstable, DC recommends that the tenant consult his doctor before booking the holiday. We recommend that a special holiday policy be purchased. This policy can be purchased when booking the holiday with DC. In case of cancellation due to illness, the tenant must contact DC directly, first by telephone and subsequently in writing.
16.1 DanCenter A/S, Lyngbyvej 20, DK-2100 Copenhagen Ã, Tel. no. +45 70130000.
16.2 Gouda Rejseforsikring, A.C. Meyers VÃ¦nge, DK-2450 Copenhagen Ã, Tel. no. +45 88208820,
17. Submitting a complaint
17.1 DC wishes for all its customers to have a pleasant holiday. However, in the unlikely event of unexpected problems, faults or defects occuring, the tenant must contact DC or its local representative immediately.
17.1.1 According to the general principles of Danish law, Danish tenants are obliged to ensure that any faults and defects are avoided or mitigated to the greatest extent possible.
17.1.2 If the holiday home has a defect, the tenant is obliged to notify DC thereabout immediately so that DC may perform remedial action. The tenantâs right to remedial action does, however, not extend to cases where remedial action is associated with excessive costs or considerable inconvenience to DC. If DC offers to remedy the defect, the tenant cannot make any claims on that account if the defect was remedied within reasonable time and without costs to or considerable inconvenience to the tenant. Offering the tenant another holiday home is also regarded as remedial action. This condition must be fulfilled unless remedial action is not possible or DC refuses to provide assistance. If the tenant fails to notify DC about defects, the tenant is not entitled to terminate the rental agreement for breach or claim compensation in this regard.
17.2 Complaints must be submitted in writing to one of the addresses listed above (depending on the party named in the agreement). Complaints are only accepted if they are received by DC immediately and not later than four (4) weeks after commencement of the rental period. Complaints submitted later than that are not accepted.
17.3 Dancenter is a member of the Association of Danish Holiday House Letters which together with the Danish Consumer Council initiated the Board of Appeal for Holiday Homes. The Board of Appeal is a privately approved board of appeal. This board tries complaints from the consumers as to rental of holidays homes located in Denmark and the rest of EU. In general the complaints concern any defect that may occur in relation to a rental agreement. Please read more on www.fbnet.dk where also the contract information is available.
18. Cancellation of individual provisions
18.1 Cancellation of individual provisions of these General Terms and Conditions of Rental will not lead to cancellation of the General Terms and Conditions of Rental as a whole or of the rental agreement.
19 No set-off
19.1 The tenant is not entitled to set off his claim against the payment of the prices fixed. This does, however, not include undisputed, enforceable and established claims.
20. No assignment
20.1 Irrespective of the reason, the tenantâs claim on account of a holiday stay cannot be assigned to a third party (spouses included).
21.1 The holiday homes are rented to tenants in the order booked by the tenants.
21.2 Pictorial and printing errors excepted.
21.3 DCâs 2016 catalogue is valid for all rental periods that commence in the period 2 January 2016 to 7 January
21.4 Any use for commercial purposes, including reproduction of DCâs material in whole or in part, is prohibited pursuant of applicable Danish law, Copyright 1 October 2000.
21.5 DanCenter is a member of the Association of Danish Holiday House Letters. This association and the Danish Competition and Consumer Authority have established the Board of Appeal for Holiday Homes, a private, authorized board of appeal. The Board of Appeal for Holiday Homes is dealing with complaints from any private person renting a holiday home in Denmark and the rest of the EU. Basically the complaints regard any contractual discrepancy. Read more on www.fbnet.dk where you will also find the contact information.
22. Venue and choice of law
22.1 Any legal proceedings regarding disputes, regardless of the matter in dispute, between DC and Danish, Swedish and Norwegian tenants must be instituted according to the international rules governing venue and choice of law. Consequently, legal proceedings regarding disputes over a holiday home in Denmark must be instituted at the Danish courts of law and be settled according to Danish law. Similarly, legal proceedings regarding disputes over Norwegian, Swedish and German holiday homes must be instituted at the Norwegian, Swedish and German courts of law and be settled according to Norwegian, Swedish and German law.
The above provisions also apply to disputes regarding defects, regardless of the legal consequences and regardless of whether DC is answerable for its own liability or for othersâ liability. The same applies to disputes regarding product liability and regardless of whether DC is claimed to be liable for its own product liability or is claimed to be liable as an intermediary. This also applies regardless of whether the claim is for contractual or non-contractual liability and regardless of whether the claim is based on general rules governing liability or on rules that are based on the Council Directive on product liability (85/374/EEC) as amended.