Common use of Complaints and liability Clause in Contracts

Complaints and liability. 10.1. The tenant shall report to the manager and to ChaletsPlus any defects to the holiday home that he notes without delay and within 24 hours. 10.2. The lessor shall be obliged to rectify the defect if the defect is due to a quality or state of the holiday home not attributed to the tenant as a result of which the holiday home does not allow the tenant the enjoyment that he should be able to expect based on this agreement. The tenant shall always give the lessor the opportunity to rectify any defects. 10.3. If the tenant believes that the lessor has not solved the complaint adequately, ChaletsPlus shall in a situation as stated in article 10, paragraph 2, contact the lessor and mediate between the tenant and the lessor in order to achieve a solution. ChaletsPlus may also reach a financial agreement with the tenant on behalf of the lessor. That stated in this paragraph of this article is expressly a best effort obligation on the part of ChaletsPlus. 10.4. If the complaint cannot be solved amicably, ChaletsPlus shall, as far as not already done, at the tenant’s request, submit to him the details he has on the lessor in order to enable the tenant to introduce a possible demand against the lessor. 10.5. The lessor is only liable for direct loss or damage. Furthermore, liability is limited to the amount paid out by the lessor's insurer, plus any excess, except in the case of wilful misconduct or wilful negligence on the part of the lessor. 10.6. Notwithstanding the foregoing, the lessor is not liable if the lessee is able to recover the cost of any loss or damage under an insurance policy, such as a travel insurance or a cancellation policy. 10.7. In the event that the lessor is not insured or the insurer does not pay out, the lessor’s liability is limited to a maximum of three times the travel costs, unless there is malicious intent or gross negligence on the part of the lessor.

Complaints and liability. 10.1. The tenant shall report to the manager and to ChaletsPlus ChaletPlus any defects to the holiday home chalet that he notes without delay and within 24 hours. 10.2. The lessor shall be obliged to rectify the defect if the defect is due to a quality or state of the holiday home chalet not attributed to the tenant as a result of which the holiday home chalet does not allow the tenant the enjoyment that he should be able to expect based on this agreement. The tenant shall always give the lessor the opportunity to rectify any defects. 10.3. If the tenant believes that the lessor has not solved the complaint adequately, ChaletsPlus shall in a situation as stated in article 10, paragraph 2, contact the lessor and mediate between the tenant and the lessor in order to achieve a solution. ChaletsPlus may also reach a financial agreement with the tenant on behalf of the lessor. That stated in this paragraph of this article is expressly a best effort obligation on the part of ChaletsPlus. 10.4. If the complaint cannot be solved amicably, ChaletsPlus shall, as far as not already done, at the tenant’s request, submit to him the details he has on the lessor in order to enable the tenant to introduce a possible demand against the lessor. 10.5. The lessor is only liable for direct loss or damage. Furthermoreshall, liability is limited subject to the amount paid out limitations below, be liable towards the tenant if the tenant suffers a financial loss as a result of a culpable shortcoming by the lessor's insurer, plus lessor in fulfilling his obligations under this agreement. 10.6. The lessor shall not be liable as far as the tenant has been able to recoup any excess, damage from an insurance such as travel insurance or cancellation insurance. 10.7. The liability for damage and costs that the tenant may incur in carrying out his profession or business shall be excluded except in the case of wilful misconduct or wilful negligence on the part of the lessor. 10.6. Notwithstanding the foregoing, the lessor is not liable if the lessee is able to recover the cost of any loss or damage under an insurance policy, such as a travel insurance or a cancellation policy. 10.7. In the event that the lessor is not insured or the insurer does not pay out, the lessor’s liability is limited to a maximum of three times the travel costs, unless there is malicious intent or gross negligence on the part of the lessor. 10.8. Without prejudice to that stated in the previous paragraphs of this article, the lessor’s liability due to other damage than that caused by death or injury of the tenant shall be limited to a maximum of three times the travel sum except in the case of intent or gross negligence on the part of the lessor.