Article 1. General
Article 2. Reservations
Article 3. Use
Article 4. Prices
Article 5. Payment
Article 6. Cancellation
Article 7. Arrival and departure
Article 8. Regulations
Article 9. Damage and/or loss
Article 10. Pets
Article 11. Smoking
Article 12. Force majeure
Article 13. Liability
Article 14. Complaints
Article 15. Varios
Article 16. Lost property


Art. 1. General

Art. 2. Reservations
2.1. Reservations are only accepted if made by persons above the age of 18.
2.2. If a reservation is accepted, then Phanos Resorts shall send either written or digital confirmation (also invoice) of this within 14 days. This confirmation
must be checked for its correctness immediately upon receipt. Phanos Resorts must be immediately informed of any inaccuracies in writing.
2.3. The agreement between the tenant and Phanos Resorts becomes effective as soon as Phanos Resorts have sent the written or digital confirmation (also invoice) to the tenant.
2.4. Phanos Resorts reserve the right to refuse to accept a reservation at all times, without any obligation to state the reason.
2.5. The tenant must contact the Reservation Department in the event that the tenant does not receive written or digital confirmation (also invoice) within 14 days of making the reservation. If this is not forthcoming, the reservation cannot be invoked.
2.6. If the tenant wishes to amend the agreement, following the conclusion thereof, then Phanos Resorts have no obligation to accept these amendments.
All decisions relating to accepting or rejecting any proposed amendments, and to which extent, are at the full discretion of Phanos Resorts. In the event that Phanos Resorts accept the amendments, then Phanos Resorts are entitled to charge the tenant a fee of € 14.50 for amendment costs.
2.7. Phanos Resorts are entitled to cancel the agreement with immediate effect at any given time, in the event the personal details of the tenant and/or other users submitted during reservation are incomplete and/or incorrect. In such cases, the tenant is not entitled to a refund of (part of) the rental price.
2.8. Phanos Resorts reserve the right to refuse to accept reservations or attach special conditions to these reservations without any obligation to state the reason; this applies to groups in particular.
2.9. The agreement relates to renting/hiring accommodations and/or other facilities for recreational use, which are short-term by their nature.

Art. 3. Use
3.1. Each accommodation may only provide accommodation for the number of persons as stated on the reservation form.
3.2. The tenant is only entitled to allow persons who are stated on the reservation to use the hired/rented facilities/accommodation.
3.3. The tenant and/or other users are not permitted to hand over the accommodations to persons other than those persons named on the reservation, unless a written agreement has been concluded with Phanos Resorts stating otherwise.
3.4. If the tenant and Phanos Resorts have agreed that the tenant and/or one or more users are substituted, then the tenant (in addition to the other users) remains jointly and severally liable to Phanos Resorts for the payment of the outstanding part of the rental price, the amendment costs (see Art. 2.6), and for any additional costs arising from the substitution and any cancellation costs, and the costs of any damage caused.

Art. 4. Prices
4.1. The tenant owes the agreed rental price, as stated in the written confirmation (also invoice) to Phanos Resorts.
4.2. Price discounts and/or special offers cannot be used after Phanos Resorts have sent the confirmation (also invoice) of the reservation.
4.3. The tenant also has an obligation to pay tourist tax and other levies in addition to the rental price.
4.4. All prices are inclusive of VAT (where applicable), unless stated otherwise.
4.5. The prices in the brochure are not binding – current prices, surcharges and discounts are available from the website and are also stated on the confirmation (also invoice). The price stated on the confirmation (also invoice) is binding.
4.6. If Phanos Resorts are subjected to demonstrable and unforeseen increases in costs (personnel, energy, taxes, etc.) after the agreement has been concluded, then Phanos Resorts reserve the right to increase their prices and pass these charges onto the tenant. If this price increase is implemented within 3 months of concluding the agreement, then this price increase shall not exceed 5% of the previously agreed rental price and the tenant is entitled to dissolve (cancel) the agreement on that basis.
4.7. The stated rental price is inclusive of use of water, gas and electricity, domestic service after departure, towel package ( two towels per person), kitchen cloth package and use of the swimming pool, fitness gym and children’s indoor play paradise Harrewar. The rental price is exclusive of facilities such as Beauty & Wellness and restaurants.

 

Art. 5. Payment
5.1. 50% of the rental price is payable immediately when booking. Phanos Resorts must have received this payment within 14 days of the reservation date.
5.2. Phanos Resorts must have received the outstanding sum 8 weeks before the day of arrival.
5.3. The entire sum must be paid up in full immediately for reservations made within 8 weeks of the intended arrival date.
5.4. The entire sum must be paid at the resort reception for reservations made within two weeks of the intended arrival date.
5.5. If the tenant fails to pay the invoiced sums, then the tenant is in default as soon as the term expires. In such cases, Phanos Resorts shall send a written request to the tenant to pay the due sum within 7 days. In the event of continued failure to pay, Phanos Resorts reserve the right to dissolve (cancel) the agreement with effect from the day on which the 7-day payment term expires, and the tenant is liable for all losses (to be) incurred by Phanos Resorts as a result of this, including all costs incurred by Phanos Resorts in relation to this reservation and the dissolutions. Phanos Resorts are in all events entitled to charge cancellation costs per accommodation. The provisions of article 6 apply in such cases.

Art. 6. Cancellation
6.1. Cancellation costs shall be charged in the event that a reservation is cancelled; these costs are calculated on the basis of the total price stated on the confirmation. The following cancellation costs apply:
- Less than 3 months before the intended arrival date: 25%
- Between 2 and 3 months before the intended arrival date: 50%
- Between 1 and 2 months before the intended arrival date: 75%
- Within 1 month of the intended arrival date: 90%
- On the intended arrival date: 100%
6.2. In the event that the tenant fails to arrive within 24 hours of the agreed date without any further notification, then this shall be regarded as a cancellation.

Art. 7. Arrival and departure
7.1. The rented accommodation is available from 15:00 on the agreed arrival date (as stated on the reservation confirmation). The accommodation must be vacated before 11:00 on the agreed departure date (as stated on the reservation confirmation).
7.2. In the event that the tenant wishes to extend the agreement with Phanos Resorts beyond the agreed term and Phanos Resorts agree to this, then Phanos Resorts are entitled to allocate alternative accommodation to the tenant.
7.3. The tenant is not entitled to a refund of (part of) the rental price and/or costs, if the use of the accommodation is terminated before the agreed date (as stated on the reservation confirmation), unless the tenant has a valid reason to cancel.

 

Art. 8. Regulations
8.1. All guests must observe the regulations as laid down by Phanos Resorts. The regulations for the resort and the swimming pool are also included in “The Resort ABC”, which you shall receive when you arrive at the resort.
8.2. In conformance with local bye-laws, all persons have an obligation to provide proof of identity (if requested to do so). If guests cannot provide proof of identity, Phanos Resorts can and may remove guests/have guests removed from the grounds, without any entitlement to a refund of the rental price or part thereof.
8.3. In the event that any of the restaurants or the business centre provide catering services or enter into catering agreements, then the Uniform Provisions
of the Catering Industry apply to these services and agreements. A copy of these provisions is available from reception on request.
8.4. Phanos Resorts reserve the right to implement changes to the set-up and opening times of the resort facilities. The tenant must agree to all necessary
maintenance activities in the accommodation and/or other facilities during his or her stay, without any entitlement to compensation.
8.5. For safety reasons, placing tents and such like outside the accommodation
is not permitted.
8.6. Cars may not be parked beside the accommodation; all cars must be parked in the central car parks.
8.7. In the event of failure to observe the rules included in these General Terms and Conditions and/or Phanos Resorts regulations and/or failure to observe the instructions of the staff, Phanos Resorts are entitled to remove the tenant and all other users from the resort immediately, without any entitlement to a refund of the rental price or part thereof.
8.8. The tenant must ensure that the accommodation is swept clean (thus: do not leave any dirty dishes, clean the kitchen and refrigerator, dispose of domestic waste bags in the container).
8.9. If the Resort management has good reason to believe that the acts of the tenant of an accommodation are contrary to the Law and/or Public Order and/or constitute a breach of public morals, then the resort management has the right to refuse access to the accommodation.

Art. 9. Damage and/or loss
9.1. The tenant or the other users are responsible for an orderly course of events in and around the rented accommodation or elsewhere on the resort.
9.2. Furthermore, the tenant is at all times liable for losses through breakage and/or loss and/or damage to property and/or accommodation. The tenant must immediately report any damage to Phanos Resorts, which must be reimbursed immediately, unless the tenant can prove that the damage was not attributable to any act by the tenant, other users or one of the members of his/her group.

 

Art. 10. Pets
10.1. The maximum number of pets belonging to the tenant or the users is restricted to two per accommodation in the accommodations designated to that end.
10.2. In the event that the tenant and/or other users wish to bring pets, then this must be stated immediately upon reservation. In that case, Phanos Resorts shall impose a surcharge, payable by the tenant. Phanos Resorts reserve the right to refuse pets - without any obligation to state the reason.
10.3. Pets are not allowed in the central building, water features and other public areas. Pets must be kept on a leash outside the accommodation. Instructions must be followed up immediately. The pets may not cause a nuisance to the other guests.
10.4. The tenant is responsible for providing a dog or cat basket. Dogs and/or cats may not sleep on beds, chairs or sofas. A flea collar is compulsory.
10.5. Visitor’s pets and pets that were not stated during reservation are not permitted.
10.6. No charges shall be made for caged animals, however they must be stated upon reservation.
10.7. Animals must have a passport in accordance with the European model for travelling to countries within the EU. Possession of the correct travel documents required for the destination is the responsibility of the tenant.
10.8. The animals must be vaccinated against rabies, and chip or tattoo identification is compulsory.

Art. 11. Smoking
11.1. Smoking is not permitted in the central buildings and in the accommodations.
11.2. Phanos Resorts have a selection of accommodations where smoking is permitted. In the event that a guest wishes to reserve an accommodation where smoking is permitted, then this must be stated immediately upon reservation. In that case, Phanos Resorts shall impose a surcharge, payable by the tenant.

 

Art. 12. Force majeure
12.1. In the event that Phanos Resorts (either permanently or temporarily) are unable to fully or partially execute the agreement due to force majeure, then Phanos Resorts shall present a proposed modification to the tenant (for alternative accommodation, alternative period, etc.)
12.2. A situation of force majeure on the part of Phanos Resorts exists (if the execution of the agreement is fully or partially, permanently or temporarily prevented) in the event of situations or events outside the control of Phanos Resorts, including threat of war, personnel strikes, pickets, fire, flood and other malfunctions or events.
12.3. The tenant is entitled to reject the aforementioned proposed modification. In the event that the tenant rejects the modification proposal, then the tenant must inform Phanos Resorts of this matter within 14 days of receiving the proposed modification. In that case, Phanos Resorts have the right to dissolve the agreement with immediate effect. The tenant is entitled to cancellation and/or reimbursement of the (paid up section of) the rental price. Phanos Resorts shall have no obligation to compensate any losses whatsoever.

Art. 13. Liability
13.1. Phanos Resorts accept no liability for theft (including theft from any lockers), loss or damage to property or persons, regardless of the nature thereof, during or as a consequence of a stay at a Phanos Resorts resort and/or the rental/hire/use of the accommodation and/or other facilities of Phanos Resorts, unless this relates to gross negligence on the part of Phanos Resorts or (one of their) employees.
13.2. Liability arising from loss of travelling pleasure or corporate and other consequential damage, is excluded under all circumstances. Phanos Resorts furthermore accept no liability whatsoever for damage, for which eligibility for compensation is provided for by virtue of a travel and/or cancellation
insurance or any other insurances.
13.3. Phanos Resorts accept no liability for disruptions in the provision of services or defects in services provided by third parties.
13.4. In such cases, liability based on an unlawful act is limited to a maximum of € 75,000, for personal accidents per tenant or user, per stay. Liability for material loss is in any event limited to a maximum of € 1,500 per tenant or user, per stay.
13.5. The tenant and/or user is jointly and severally liable for all losses and/or damage to the rented accommodation and/or other properties of Phanos Resorts arising during the use thereof by the tenant and/or other users, regardless of whether this is as a consequence of the acts or omissions of the tenant and/or third parties, who are on the resort with the permission of the tenant.
13.6. The tenant indemnifies Phanos Resorts against any liability in respect of losses of third parties, who are on the resort with his/her permission, which are (partially) attributable to any acts or omissions by him/her, other users, travelling companions or third parties.

 

Art. 14. Complaints
14.1. In spite of the care and effort of Phanos Resorts, the tenant may be of the opinion that he/she has a justified claim in relation to the holiday stay. In the first instance, the resort management must be notified of the complaint
in question immediately. If no satisfactory solution for the complaint is found, then the tenant has the opportunity to submit a written complaint to Phanos Resorts within two weeks of departure, addressed to the Guest Service department, Postbus 511, 9400 AM, Assen. The complaint shall be processed with the greatest level of care. If this also fails to result in a satisfactory solution, then the tenant has the opportunity to submit a complaint to the Recreation Arbitration Board in The Hague within 2 months of leaving the resort. The ruling of this board is equivalent to a binding decision.

Art. 15. Various
15.1. The agreement between the tenant and Phanos Resorts is exclusively subject to Dutch law.
15.2. Possession of the correct travel documents for the destination is the responsibility of the tenant. Phanos Resorts accept no liability for consequences arising from failure to possess the correct travel documents
15.3. Phanos Resorts are not bound by any printing errors and/or layout errors. These General Terms and Conditions replace all previous publications.
15.4. All information provided by the tenant shall be recorded in a file. The data file is used for the guest administration. This data may also be used to supply targeted information and special offers about the products and services of Phanos Resorts, both by Phanos Resorts and third parties.
Phanos Resorts may combine the details with the details registered with other companies in order to ensure that the information and special offers correspond to the interests of the tenant as much as possible. If the tenant would prefer not to receive any interesting information or special offers, he/she can de-register in writing. This correspondence must be sent to: Phanos Resorts Guest Service Department – Postbus 511 – 9400 AM Assen.

 

Art. 16. Lost property
16.1. The tenant must inform Phanos Resorts as soon as possible in the event that he/she finds any lost property. If the finder keeps this item in his custody, then he is obliged to make every effort to find the owner of said property
within the bounds of reason.
16.2. Phanos Resorts are obliged to return lost property to the rightful owner, if the owner collects the lost property within 3 months.
16.3. Phanos Resorts reserve the right to destroy or donate lost property to a good cause, if the owner fails to collect the property within a three-month period.
16.4. Lost property can be collected within three months from the Security department (at the entrance to the Resort).