TERMS AND CONDITIONS | GUESTS

ARTICLE 1. | DEFINITIONS

In these Terms and Conditions, the following terms, when capitalized, shall have the meanings set forth below.

1. Huureenhut: a trade name of the general partnership Guides&Hides;, the user of these Terms and Conditions, having its registered office at Darthuizerberg 59, 3825 BL Amersfoort, registered in the Dutch Trade Register under Chamber of Commerce number 91002435.
2. Guest: any natural person, acting for purposes outside his trade or business activities, who has entered into, or intends to enter into, a Use Agreement with Huureenhut.
3. Parties: Huureenhut and the Guest jointly.
4. Use Agreement: the agreement between the Parties which is concluded at the moment the Guest, whether or not by registering on the Platform, has been expressly informed of the applicability of these Terms and Conditions and subsequently continues to use the functionalities of the Platform made available to him.
5. Booking: any agreement between the Guest and a Host concluded via the Platform pursuant to which the Host makes a Hut available for short-term stay.
6. Platform: www.huureenhut.nl on which Huts are offered by Hosts and on which the Guest can make Bookings.
7. Offer: any offer addressed to the Guest via the Platform by a Host concerning a Hut made available for short-term stay.
8. Host: any natural or legal person who offers Huts on the Platform.
9. Hut: any hut, being a private fixed hut, shared fixed hut or floating hut, or a pop-up tent, which is offered by a Host on the Platform for short-term stay, including any related items and facilities offered by the Host in connection with a Booking.
10. Service: the services which Huureenhut undertakes to provide vis-à-vis the Guest in connection with a Booking, including, without limitation, the facilitation of the conclusion of Bookings, forwarding of Bookings to the relevant Host and the settlement of payments in connection with Bookings.
11. In Writing / Written: communication in writing, by e-mail, or by any other form of communication which, having regard to the state of technology and generally accepted standards in society, may be equated therewith.

ARTICLE 2. | GENERAL PROVISIONS

1. These Terms and Conditions apply to the Use Agreement and all legal relationships arising therefrom between the Parties.
2. Deviations from these Terms and Conditions may only be made expressly and in Writing.
3. The nullification or invalidity of one or more provisions of these Terms and Conditions shall not affect the validity of the remaining provisions. In such case, the Parties shall agree on a replacement provision that corresponds as closely as possible to the purpose and intent of the original provision.

ARTICLE 3. | ABOUT THE PLATFORM

1. Huureenhut offers an online Platform where, through the intermediation of Huureenhut, Guests can book Huts of various Hosts for short-term stays. The Huts are intended for photography in a controlled, undisturbed environment where Guests can interact appropriately with animals and nature. Birdwatchers and other nature enthusiasts without a camera may also use the Huts. Via the Platform, the Guest can book a Hut for a day and thereby find the perfect location for wildlife or nature photography.
2. As part of the Service, Huureenhut concludes the Booking with the Guest on behalf of the Host and settles the associated payment. The Host is responsible for making the agreed Hut available and for further performance of the Booking. The Host manages the booked Hut independently and is fully responsible for its location, use and maintenance. Huureenhut acts as intermediary and facilitates the Guest in searching, booking and paying for an offered Hut via the Platform. A Booking is concluded between the Guest and the Host, with Huureenhut acting solely as intermediary and executor of the booking and payment process. The Host alone is responsible and liable for the content of the offer of a Hut and the (quality of the) Hut.

ARTICLE 4. | CONCLUSION OF THE USE AGREEMENT

1. The Use Agreement between the Parties is concluded at the moment the Guest, whether or not by registering on the Platform, has been expressly informed of the applicability of these Terms and Conditions and subsequently continues to use the functionalities of the Platform made available to him.
2. Registration on the Platform by the Guest is not mandatory. The Guest may make a Booking without an account on the Platform.
3. If the Guest does register on the Platform, Huureenhut's offer to register on the Platform is without obligation. Huureenhut reserves the right to refuse certain Guests, even after registration has taken place.

ARTICLE 5. | OFFER AND CONCLUSION OF BOOKINGS AND PAYMENT

1. Before a Booking is finalized, the total price of the Booking is stated, including the service fees due to Huureenhut. The service fees amount to 5.5% of the fee (the hut price) specified by the Host for the Booking, with a minimum of € 3.95.
2. After completion of the booking procedure, the relevant Hut remains reserved for the Guest for 45 minutes. If the payment due is not made within this period, the reservation automatically lapses.
3. A Booking is concluded as soon as the Guest has correctly completed the booking procedure via the Platform and has made the payment due. Payment shall be made using one of the payment methods selected by the Guest when entering into the Booking.
4. The Guest shall provide all mandatory payment, contact and address details requested when entering into the Booking accurately and completely. The Booking can only be executed correctly if the said details are accurate and complete. If the Guest has inadvertently provided incorrect or incomplete payment, contact and/or address details when entering into the Booking, the Guest shall notify Huureenhut thereof without delay. However, Huureenhut shall never be liable for damage suffered by the Guest due to the Guest having provided incorrect or incomplete details, and the Guest indemnifies Huureenhut against all claims of the Host related to or arising from the provision of such incorrect or incomplete details.

ARTICLE 6. | CANCELLATION OF BOOKINGS

1. Pursuant to Article 6:230p, opening words and under (e), of the Dutch Civil Code, the Guest has no statutory right of withdrawal, since making a Hut available constitutes a leisure service for which a specific date or period of performance is provided in the Booking. Nevertheless, the Guest may cancel the Booking subject to the following conditions:

a) Cancellation with a full refund of the hut price (excluding the service fees referred to in paragraph 2) is possible up to 14 days prior to the date on which the stay in the Hut takes place or commences (the booking date).
b) In the event of cancellation from 14 days up to 7 days prior to the booking date, the Guest owes 50% of the agreed hut price (excluding the service fees referred to in paragraph 2).
c) In the event of cancellation within 7 days prior to the booking date, no refund will be made.

2. The service fees paid to Huureenhut are not refunded, except in the case referred to in paragraph 4.
3. The Host may cancel a Booking only if there is a reasonable and valid ground which makes timely and proper performance of the Booking impossible. Huureenhut cannot be involved in discussions as to whether such a reasonable and valid ground exists and accepts no liability in this respect. Any disputes in this regard must be settled solely between the Guest and the Host.
4. In the event of cancellation by the Host on the basis of the preceding paragraph, Huureenhut shall refund to the Guest the full amount paid by the Guest, including the service fees paid by the Guest.

ARTICLE 7. | ROLES, RESPONSIBILITIES AND LIABILITIES

1. Responsibility for the content, accuracy, completeness and timeliness of the offer of a Hut rests entirely with the Host. This also includes the information provided, photos and availability. Huureenhut does not pre-screen this information and accepts no liability to the Guest in this respect.
2. Providing all necessary information about a booked Hut—including the exact location, access code, directions, parking instructions and other relevant particulars—belongs entirely to the Host's tasks. The Host prepares this information, after which Huureenhut provides it to the Guest on behalf of the Host in a PDF file via both the chat function and by e-mail, no later than 7 days before the date of the stay, or, if the Booking was made within 7 days before the stay, as soon as possible thereafter. Huureenhut cannot be held liable for any incompleteness or inaccuracies in this information.
3. It is the Host who warrants that the offered and/or booked Hut is actually available for the agreed use and complies with the specifications stated in the offer of a Hut and with all applicable legal requirements and permits. Huureenhut bears no responsibility in this regard. Proper and timely performance of the Booking, including making the Hut available, lies entirely with the Host. Huureenhut limits itself to the role of intermediary and operator of the Platform and accepts no liability for shortcomings of the Host in the performance of the Booking.
4. Any defects in the Hut, shortcomings during the stay or other complaints arising from the Booking must in principle be handled directly with the Host. All damage suffered by the Guest or third parties in connection with the performance of the Booking or the use of the Hut, insofar as attributable to the Host, shall be entirely for the account and risk of the Host. Huureenhut is not liable for this. Payment for a Booking is handled via Huureenhut's escrow service. The amounts received remain in escrow until the Booking has actually taken place. With regard to a Booking, the Guest may submit a complaint to Huureenhut. Huureenhut has stipulated with the Host that it reserves the right to suspend a payout to the Host or to rescind a Booking on behalf of or at the instruction of the Guest and apply a refund in favour of the Guest if Huureenhut has good grounds to assume or fear that the Host has not provided the relevant Hut, or has not properly provided it, in accordance with the Booking. In such case, Huureenhut also reserves the right to refund the amount paid by the Guest to the Guest. However, Huureenhut can never be compelled to act as dispute resolver and is entitled to refer the Guest to the Host for further handling of the complaint or dispute. If Huureenhut decides to proceed to payment to the Host, further complaints and dispute resolution must take place directly with the Host and Huureenhut can no longer be involved in the dispute. Any voluntary mediation by Huureenhut in complaint resolution shall be carried out to the best of its knowledge and ability and reasonably, but Huureenhut shall never be liable to the Guest for damage resulting from such decisions.
5. Without prejudice to the preceding paragraph, the Guest is nevertheless requested to notify Huureenhut of any complaints about and/or shortcomings of Hosts in the context of a Booking, insofar as such complaints and/or shortcomings may reasonably affect Huureenhut's good name and the quality of the intermediation services offered by it. Huureenhut may consequently take appropriate action against Hosts, without Huureenhut being liable for errors or shortcomings of Hosts of any nature.
6. The obligations arising in the context of a Booking from the stay in a Hut must be performed fully, timely and properly by the person(s) actually staying in the Hut, regardless of whether this is the Guest himself. This includes the obligation to use the Hut and associated facilities during the stay with due care and in accordance with the agreed purpose. These obligations also apply to all other persons who, in connection with the Booking, make use of the Hut or associated facilities. The Guest is jointly and severally liable for, and indemnifies Huureenhut against, all claims of the relevant Host related to or arising from non-compliance with these obligations or from improper, unlawful or unskilled use of the Hut by himself and/or by said other persons.

ARTICLE 8. | TERMS OF USE AND MISUSE

1. Data provided or shared by the Guest via the Platform are posted under the Guest's sole responsibility and liability. Huureenhut is not responsible for the accuracy or completeness of such data. The information that the Guest places on any profile on the Platform likewise falls under the Guest's own responsibility. Huureenhut is not liable for the content of such profile.
2. If the Guest posts a review on the Platform about a Hut and/or the Host, it must be based solely on his own actual experiences, be truthful and be free of offensive, discriminatory or otherwise improper expressions. Huureenhut reserves the right to remove, without prior notice, reviews which it considers to be in breach of the foregoing, or which are incorrect, misleading or irrelevant.
3. Huureenhut offers the chat function on the Platform as an additional service, but is not responsible for the content of messages shared via this chat function. Nor is Huureenhut responsible for arrangements or agreements arising from communication between the Guest and the Host via the chat function.
4. The Guest is prohibited from breaching, removing or circumventing any security in the Platform's software.
5. The Guest is prohibited from using equipment or software that may disrupt or heavily burden the normal operation of the Platform, such as the distribution of viruses, worms or similar malicious software.
6. The Guest shall ensure that all information added to the Platform by or on his behalf does not infringe third-party rights or contravene any statutory provision.
7. The Guest is prohibited from uploading or sharing via the Platform threatening, racist, intimidating or otherwise improper expressions with other users of the Platform.
8. Huureenhut is at all times entitled to take actions necessary to detect or prevent (suspected) misuse. Other users of the Platform may file a complaint with Huureenhut regarding misuse. If Huureenhut considers a complaint to be well-founded, it reserves the rights referred to in Article 9.

ARTICLE 9. | SUSPENSION AND TERMINATION OF THE GUEST'S ACCOUNT, IF ANY

1. If the Guest has created an account on the Platform, the Guest may terminate this account via the deregistration procedure stated under the Guest's account. Huureenhut confirms the termination of the account to the Guest by e-mail, after which the account is deactivated. This shall take place as soon as possible after Huureenhut has received the Guest's deregistration notice.
2. If the Guest fails to perform his obligations under these Terms and Conditions or in connection with a Booking concluded via the Platform, Huureenhut is entitled to restrict the Guest's access to the Platform in whole or in part, to temporarily block the Guest's account or—if, in Huureenhut's opinion, there is a serious breach—to permanently terminate the Guest's account, if any.
3. The termination or blocking of the Guest's account, if any, does not entitle the Guest to any form of compensation.
4. The termination of the Guest's account does not affect the Parties' obligations with respect to Bookings already concluded. Bookings already concluded prior to the termination of the account must be performed without limitation, with Huureenhut continuing to fully settle the Service in that regard.

ARTICLE 10. | LIABILITY AND INDEMNITY

1. Hosts determine the content of their offer of Huts on the Platform. Huureenhut is not obliged to verify whether information originating from Hosts and disclosed on the Platform is unlawful, incorrect or misleading. Huureenhut therefore accepts no liability in this respect.
2. Huureenhut accepts no liability for damage resulting from a circumstance that cannot be attributed to it under the law, a legal act or generally accepted standards (force majeure).
3. Huureenhut is not liable for damage resulting from unauthorized use of any login details of the Guest for access to the Platform.
4. Huureenhut endeavors to optimize the proper functioning and availability of the Platform. However, Huureenhut cannot guarantee that the Platform or its functionalities are available without interruption or will always function without problems. Without prejudice to the Guest's right to settlement of the Service in respect of Bookings already concluded, any liability of Huureenhut in connection with the (temporary) unavailability of the Platform is excluded.
5. Huureenhut is at all times entitled to (temporarily) disable the Platform or parts thereof if, in its opinion, this is desirable for the maintenance, adjustment or improvement of the Platform or of Huureenhut's servers or those of third parties on which the operation of the Platform depends. Without prejudice to the Guest's right to settlement of the Service in respect of Bookings already concluded, any liability of Huureenhut in connection with inaccessibility of the Platform is excluded.
6. Huureenhut makes reasonable efforts to secure the Platform and its systems against unlawful use by third parties. However, Huureenhut shall never be liable for infringements of (intellectual property) rights of the Guest by third parties.
7. If, notwithstanding the provisions of these Terms and Conditions, any liability should rest with Huureenhut, such liability to the Guest, on any ground whatsoever, shall at all times be limited to the amount of the service fees paid by the Guest to Huureenhut for the Booking to which the liability relates.
8. In any event, Huureenhut shall never be liable for lost profits, other consequential damage, loss of data or non-pecuniary damage related to the use of the Platform or the performance of a Booking.
9. It is a condition for the arising of any right to compensation that the Guest gives Written notice to Huureenhut immediately after the occurrence or the reasonably possible discovery of the damage. Any claim for damages shall lapse if the Guest does not complain to Huureenhut within a reasonable time, a period of up to 12 months after the claim arose being deemed reasonable.
10. The Guest indemnifies Huureenhut against all claims by third parties, including Hosts in particular, who suffer damage in connection with the performance of the Use Agreement or a Booking and the cause of which is attributable to the Guest. If Huureenhut should be addressed by third parties on that account, the Guest is obliged to assist Huureenhut both out of court and in court and to do without delay all that may reasonably be expected of him in that case. If the Guest fails to take adequate measures, Huureenhut shall be entitled, without notice of default, to take such measures itself. All costs and damage suffered by Huureenhut and third parties as a result shall be entirely for the account and risk of the Guest.

ARTICLE 11. | INTELLECTUAL PROPERTY

1. Huureenhut or its licensors (including Hosts) reserve all intellectual property rights in respect of the Platform, its operation, the texts, images and other content of whatever nature displayed therein, except insofar as the relevant content originates from the Guest himself. Without Huureenhut's prior Written consent, it is prohibited to reproduce, imitate, replicate, disclose, distribute or otherwise use such items, except as arises from the nature or purport of the Use Agreement and the normal use of the Platform.
2. A breach by the Guest of the preceding paragraph entitles Huureenhut and/or its licensor to demand the immediate cessation of the infringement, as well as compensation for damages to be determined with due regard to the nature and extent of the infringement.

ARTICLE 12. | FINAL PROVISIONS

1. Huureenhut is entitled to amend these Terms and Conditions. In such case, the Guest will be notified, the amended Terms and Conditions will be provided to the Guest, and they shall then apply. The amended Terms and Conditions shall not apply to Bookings already concluded insofar as and to the extent that the amendments are to the detriment of the Guest.
2. Huureenhut is at all times entitled to transfer its rights and obligations arising from the Use Agreement to a third party, for example in the event of a change of its legal form.
3. Dutch law exclusively governs the Use Agreement and all legal relationships arising therefrom between the Parties.
4. Before submitting any dispute to the courts, the Parties are obliged to use their best efforts to settle the dispute amicably.
5. The competent court in the district of the Midden-Nederland District Court shall have first-instance jurisdiction to hear any legal disputes between the Parties, without prejudice to Huureenhut's right to designate another court having jurisdiction under the law. The Guest shall, however, be entitled to choose the court having jurisdiction under the law within one month after Huureenhut has given Written notice of its intention to litigate before the court designated by it.