Terms of Service Accommodation contract:
These general terms and conditions apply to all services and contractual relationships of Mikkelvik Eiendom AS in Mikkelvik, Skogsfjordveien 2728, 9130 Hansnes, Norway (hereinafter referred to as “lessor”) in relation to the contractual partner (hereinafter referred to as “guest”). Subsidiary agreements, promises and other declarations by the landlord’s employees or third parties involved are only binding if they are expressly confirmed in writing by the landlord. The guest acknowledges these terms and conditions and accepts that any conflicting conditions do not apply.
1| Conclusion of the contract
The accommodation contract, including all other services and contractual relationships, such as the rental of boats (hereinafter referred to as the “accommodation contract”) with the guest, is concluded with the booking confirmation in text form by the landlord. The landlord is only bound by the contract after the deposit has been received on the business account.
Non-binding reservations, which entitle the guest to withdraw free of charge, are only possible with a corresponding express agreement in writing with the landlord. If a non-binding reservation has been agreed, the guest must inform the landlord by the agreed time whether the reservation should be treated as a binding booking. If this does not happen, the reservation is canceled without any further notification by the landlord. If the guest has been granted the right to withdraw free of charge, the landlord is also entitled to withdraw from the contract within the agreed period if there are inquiries from other guests about the booked services and the guest does not immediately confirm the reservation, upon request of the landlord.
3| Arrival and departure
Arrival takes place on the agreed day of arrival from 2 p.m. or after prior agreement with the landlord. In the event of a delay (e.g. due to traffic jams, breakdowns, bad weather, etc.), the guest must notify this by telephone. Departure must be made by 10:00 a.m. on the day of departure, unless a different time has been explicitly agreed. For arrivals after 11 p.m. and departures before 7 a.m., the landlord charges a fee of NOK 600 in 2021.
The apartment / house must be left swept clean. The garbage must be disposed of accordingly. If the guest does not properly comply with this obligation, the landlord can demand a reasonable fee for this, which amounts to at least 1500 NOK.
4| Withdrawal from the contract and no-show
The conclusion of the accommodation contract obliges both contracting parties to fulfill the contract, regardless of the type of booking and the duration of the stay.
Resignation of the guest:
The guest can withdraw from the contract at any time up to the beginning of the booked service by declaring in writing to the lessor. If the contractual partner withdraws from the booking – for whatever reason – or does not use the booked service, the guest’s obligation to pay the entire travel price remains in effect. This obligation applies expressly and not exclusively in the event of illness,
technical problems and force majeure (e.g. due to a state entry ban or similar). If the trip is canceled, a processing fee of NOK 200 will be charged.
The landlord will endeavor to occupy the accommodation and / or other booked services elsewhere in the course of his normal business operations, although he is not obliged to make any special efforts to rent out the accommodation elsewhere. In the event of any other occupancy, the landlord has to have this credited. If another occupancy could not be achieved, the landlord has to allow the saved expenses to be taken into account.
For the assessment of these saved expenses in the case of accommodation services, the case law has recognized the following guide values to be paid by the guest to the landlord, which are hereby part of the contract:
Resignation up to the 50th day of Start of travel 20% of the travel price
Resignation from 49th to 35th Day of Start of travel 30% of the travel price
Resignation from the 34th to the 20th Day of Start of travel 50% of the travel price
Resignation from 19.-08. Day of Start of travel 80% of the travel price
Thereafter 90% of the travel price.
The quoted quota refers to the full booking price according to the accommodation contract including all additional costs, whereby any public charges are not taken into account.
The guest remains able to prove that another occupancy has taken place or that the expenses saved by the landlord were significantly higher than the amounts taken into account in the above flat rates. In this case, the guest is only obliged to pay the lower costs. The landlord reserves the right to provide evidence of higher damage.
Resignation / termination of the landlord:
The landlord has a right of withdrawal if an agreed advance payment or security deposit is not made within the deadline set for this.
Furthermore, the landlord is entitled to withdraw from or terminate the contract for an important reason. Important reasons include (but are not limited to):
– the non-performance of a due performance by the guest
– the impossibility of fulfilling the contract due to force majeure or other circumstances for which the accommodation provider is not responsible
– the unauthorized subletting or re-letting, or
– if the landlord has justified reason to believe that the use of the accommodation service may jeopardize the smooth business operations, the safety or the public image of the landlord or his guests and that this risk does not arise from the landlord’s danger area.
The landlord must inform the guest in writing of the exercise of the right of withdrawal immediately, at the latest 14 days after the reason becomes known.
In the aforementioned cases of withdrawal, the guest is not entitled to compensation or other compensation payments or benefits. Any claim by the landlord for compensation for damage incurred and the expenses incurred by him remains unaffected in the event of the justified termination of the contract. The travel price is deemed to be the agreed minimum damage. The landlord reserves the right to provide evidence of higher damage, while the guest reserves the right to provide evidence of lower damage.
The conclusion of travel cancellation and travel interruption insurance is strongly recommended in order to alleviate the cost burden caused by a cancellation or travel interruption.
5| Terms of payment and prices / services
The prices are subject to change until the contract is concluded and can be seen in the offer of the lessor and on the website https://www.mikkelvik.com/preise/ The agreed apartment and flat prices include final cleaning and the cost of towels and bed linen.
Payment of the entire travel price is made by bank transfer prior to arrival to the account specified in the accommodation contract. The services owed by the landlord result exclusively from the description of services on the above-mentioned website in accordance with all the information and explanations contained therein.
6| Obligations of the guest
The guest is obliged to immediately notify the landlord of any defects in the holiday home or other contractual services and to request remedial action. Withdrawal and / or termination of the accommodation contract or partial services thereof by the guest is only permitted in the event of significant defects and unless the landlord has taken a reasonable remedy within a reasonable period set by the guest. The guest’s claims do not lapse if the guest does not submit the notification of defects (through no fault of the guest) or if it is impossible to remedy the defect.
The holiday apartment may only be occupied by the agreed number of people. Overcrowding justifies the landlord’s right to immediate termination of the contract and / or an appropriate additional fee.
In the event of any defects or disruptions in performance, the guest is obliged to do everything reasonable to contribute remedy the disruption and to keep any damage or further damage as low as possible.
Bringing pets of any kind is not permitted.
Smoking is not permitted in any of the buildings. In addition, the house rules, which are handed over or displayed on arrival, apply to the entire property and the rented objects.
The landlord can demand a deposit of NOK 6,000 per rental object and a maximum of one boat from the guest upon arrival. A deposit of NOK 2,000 may be required for each additional boat. The deposit will be paid back to the guest when the item is returned in the agreed condition. The landlord is permitted to offset any claims for damages against the guest.
It is the responsibility of the guest to bring the appropriate permits to drive a boat under Norwegian law.
It is the responsibility of the guest to familiarize themselves with the Norwegian law on fishing tourism and its rules in Norway and to comply with them.
The guests are fully liable for any loss or damage caused by them. Liability of the lessor and his vicarious agents for damage is excluded. Excluded from this are damage resulting from injury to life, limb or health if the landlord is responsible for the breach of duty, as well as other damage based on an intentional or grossly negligent breach of duty by the landlord and damage, which are based on an intentional or negligent breach of typical contractual obligations of the accommodation provider.
The landlord is not liable for damage caused by force majeure (rain, wind, heat, etc.). Parents have to pay particular attention to their children, as special sources of danger can be found outside the garden area of the holiday apartments.
The landlord assumes no liability in the event of loss of valuables (especially jewelry and cash). The safe storage and supervision of fishing equipment or technical equipment brought with them or the like is also the sole responsibility of the guest.
The landlord gives no catch guarantees and accepts no liability for the effects of professional fishing or weather-related impairments on site. The guest must familiarize himself with the local public fishing regulations and comply with them.
The landlord collects and processes personal data exclusively for the implementation of pre-contractual measures and the fulfillment of contractual obligations from the accommodation contract. The processing of personal data can also take place on the basis of consent given to us, to fulfill a legal obligation or to safeguard our interests or the interests of third parties. If we use subcontractors to process personal data, they are contractually bound to comply with data protection obligations. We delete the personal data of the guests after the purpose no longer applies and the statutory retention periods have expired. The guests have the right to information, correction and deletion of their personal data at any time. Until further notice, the landlord is entitled to process and use the collected personal data for the purposes of advice and advertising for Mikkelvik Eiendom AS. The revocation can be declared formally to the landlord at any time.
10| Choice of law and place of jurisdiction
The place of jurisdiction for all legal disputes is at the choice of the landlord at the landlord’s seat. Lawsuits against the landlord can only be brought at his seat. Norwegian law applies exclusively to
the entire legal and contractual relationship between the landlord and guests, insofar as this is permissible.
11| Severability clause
Should individual provisions of these terms and conditions be ineffective for the conclusion of the accommodation contract, this does not affect the validity of the remaining provisions. Instead of the invalid clause, the law applies. Any deviations or ancillary agreements must be made in writing.
As of 28.07.2020
Mikkelvik Eiendom AS, Skogsfjordveien 2728,9130 Hansnes
phone: (+47) 913 53 619