TERMS AND CONDITIONS | HOSTS

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. Host: any natural or legal person who has concluded, or intends to conclude, a Use Agreement with Huureenhut.
3. Parties: Huureenhut and the Host jointly.
4. Use Agreement: the agreement concluded between the Parties through the Host's registration on the Platform and Huureenhut's subsequent approval thereof, under which the Host is entitled to use the Platform for an indefinite period.
5. Booking: any agreement between the Host and a Guest concluded via the Platform and thus through the intermediation of Huureenhut, pursuant to which the Host makes a Hut available for short-term stay.
6. Platform: www.huureenhut.nl, on which the Use Agreement is concluded, on which one or more Huts may be offered by the Host, on which the Host may use the Service, and to which these Terms and Conditions are declared applicable.
7. Service: the performances to which Huureenhut commits vis-à-vis the Host under the Use Agreement, including, without limitation, the publication of the Offer, facilitation of the conclusion of Bookings, forwarding of Bookings to the Host, and the settlement of payments in connection with Bookings.
8. Offer: any offer addressed to Guests by the Host via the Platform concerning a Hut.
9. Hut: any hut, being a private fixed hut, shared fixed hut or floating hut, or a pop-up tent, which under the Use Agreement is offered by the Host on the Platform to Guests for short-term stay, including any additional items and facilities offered by the Host in connection with a Booking.
10. Guest: any person who makes or is able to make a Booking via the Platform, as well as any person who, by virtue of a Booking, is entitled to use the Hut.
11. In Writing / Written: communication in writing, by e-mail, or by any other means 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 every offer by Huureenhut addressed to the Host regarding the Host's use of the Platform, to every Use Agreement, and to all legal relationships arising therefrom between the Parties.
2. Deviations from these Terms and Conditions may only be made expressly and in Writing. Insofar as any provision of these Terms and Conditions deviates from what the Parties have expressly agreed in Writing, the latter shall prevail.
3. The nullification or invalidity of one or more provisions of these Terms and Conditions or of the Use Agreement as such shall not affect the validity of the remaining provisions. In such a case, the Parties are obliged to consult with each other in order to agree on a replacement arrangement regarding the affected provision, observing as closely as possible the purpose and intent of the original provision.

ARTICLE 3. | REGISTRATION AND CONCLUSION OF THE USE AGREEMENT

1. For the Use Agreement to be concluded, the Host must register on the Platform and Huureenhut must confirm the registration by e-mail. The Host shall provide all information requested upon registration, as well as any subsequently required mandatory information, fully and truthfully. The Host warrants the accuracy and completeness of the information provided by it. Huureenhut shall never be liable for damage arising from reliance on incorrect or incomplete information provided by the Host.
2. Huureenhut's offer to register on the Platform is without obligation. Huureenhut reserves the right to refuse certain Hosts, even after registration has taken place.
3. All information provided by the Host in the context of (entering into) the Use Agreement is entirely the responsibility of the Host. Huureenhut may rely on the accuracy and completeness of the information provided by the Host and accepts no liability whatsoever for damage resulting from errors or inaccuracies in such information.
4. Pursuant to the European DAC7 Directive, Huureenhut is legally obliged to collect certain data from Hosts and to report annually to the Dutch Tax and Customs Administration. This obligation relates to income generated by Hosts via the Platform. The provision of the requested data by the Host is not optional but a statutory requirement. If the Host fails to provide the required data, Huureenhut cannot comply with its reporting obligation and the Host's participation as a provider of Huts via the Platform cannot be continued.

ARTICLE 4. | ABOUT THE PLATFORM

1. Huureenhut offers an online Platform where Hosts can offer their (photography) huts to Guests 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. Guests can book a Hut for a day via the Platform and thus find the perfect location for wildlife or nature photography.
2. The Host manages its Hut(s) independently and is fully responsible for the location, use and maintenance thereof. Huureenhut acts as a marketplace where Hosts can present their Huts and facilitates Guests in searching, booking and paying for a day in nature. Huureenhut provides a central Platform for offering Huts, including full booking management, invoicing benefits and a convenient dashboard.
3. As part of the Service, Huureenhut concludes Bookings with Guests on behalf of the Host and settles payments in connection with Bookings. Without further intervention by Huureenhut, the Host shall ensure the availability of the agreed Hut and further performance of the Booking.
4. Upon conclusion of the Use Agreement, the Host also accepts the applicability of the "General Terms and Conditions Huureenhut (Guests)". The Host adheres to the rights and obligations of the Host vis-à-vis Guests as set out therein. With respect to the Offer and Bookings, Huureenhut is not involved beyond acting as intermediary and provider of the Service. The Host is responsible and liable for the Offer and the (quality of the) Huts. The Host and Guests may invoke the provisions of these Terms and Conditions and the "General Terms and Conditions Huureenhut (Guests)" vis-à-vis each other.
5. The Host is free to offer and rent out Huts outside the Platform. In that case, however, the Host bears full responsibility for any double Bookings. This risk arises in particular where Huts are offered simultaneously via a proprietary website or another platform. Failure to use the booking widget provided by Huureenhut for embedding, or failure to offer the Offer exclusively via the Platform, shall be entirely at the Host's risk.

ARTICLE 5. | OFFERING HUTS

1. The Host is independently responsible for posting the Offer using the login details provided by Huureenhut. The Offer must be created in the manner designated under the Host's account. When creating an Offer, the Host is obliged to provide all mandatory information requested by Huureenhut fully and truthfully and to follow Huureenhut's instructions. The Host is also obliged to upload clear photos of the Hut, observing at least any minimum number of photos indicated by Huureenhut.
2. When creating an Offer, the Host is obliged to state the town/city of the Hut without disclosing the exact location, so that the Guest has an indication of the region in which the Hut is located.
3. The Host is obliged to upload, with the Offer, a PDF file that, after a Booking has been concluded, will be made available by Huureenhut to the Guest. This PDF must include additional information such as the exact location, access code, directions, parking instructions and other relevant particulars. The content of the PDF is reviewed by Huureenhut. Huureenhut may propose amendments and shall be entitled, if it deems this evidently important, to implement amendments to the PDF on behalf of the Host.
4. The Host shall describe and display the Offer on the Platform in such a manner that Guests can form a proper impression thereof. The Offer must be accurate and complete and correspond to the Hut actually offered. The Host determines the content of the Offer. Huureenhut is not obliged to verify whether information originating from the Host and disclosed on the Platform is unlawful, incorrect or misleading. The Host indemnifies Huureenhut against all claims of Guests and other third parties in this regard.
5. The Host may set a last-minute discount on the Platform of up to 50% of the original hut price. A last-minute discount may only be applied up to five days prior to the date on which the stay in the Hut takes place or commences.
6. If the Offer is no longer available, the Host must remove the Offer from the Platform immediately.
7. The Host warrants at all times that it possesses all permits and/or other third-party approvals that may be necessary for offering its Hut.

ARTICLE 6. | BOOKINGS

1. A Guest concludes a Booking by correctly completing the booking procedure via the Platform and making payment. The Host then receives a notification from Huureenhut as soon as possible.
2. In addition to the foregoing, Huureenhut offers Hosts the possibility to send a so-called "custom offer" to a Guest via the chat function on the Platform. A custom offer is a special offer from the Host, in which a date, a time and any extras may be included, together with a price proposal. The Guest may accept the custom offer, whereupon the Booking is concluded directly via the Platform by being placed in the Guest's shopping cart. A custom offer may only relate to a Hut already offered on the Platform. In the context of a custom offer, the Host may, at its own discretion, offer a price reduction of up to a maximum of 50% of the original hut price.
3. All private Huts can be booked only once per day. After a Booking for a private Hut has been concluded, the relevant day is automatically marked as unavailable on the Platform.
4. Shared Huts can be booked by multiple Guests simultaneously until the maximum capacity of the relevant Hut has been reached.
5. The Host is liable to the Guest for the performance of all its obligations arising from the Booking with a Guest. The Host warrants that the Hut it offers on the Platform can actually be made available by it. Without prejudice to the other provisions of these Terms and Conditions, Huureenhut is involved in Bookings only with respect to making the Platform available and settling the associated Service. The Host warrants that it will perform Bookings properly and in a timely manner. The Host warrants that all Huts it offers on the Platform conform to the Bookings concluded with Guests, to the specifications stated in the Offer and to the applicable legal provisions. Huureenhut accepts no liability whatsoever for errors or shortcomings of the Host vis-à-vis Guests. The Host indemnifies Huureenhut against all claims of Guests in this respect.
6. Without prejudice to the other provisions of these Terms and Conditions, Huureenhut cannot be involved in disputes between the Guest and the Host. After Huureenhut has paid out to the Host the amount due to the Host under the relevant Booking, any disputes between the Guest and the Host must be settled solely between them. The Host fully indemnifies Huureenhut against all claims of the Guest or other third parties in this regard.

ARTICLE 7. | CANCELLATION OF BOOKINGS BY THE HOST

1. The Host is only permitted to cancel a Booking if there is a reasonable and valid ground which makes timely and proper performance of the Booking impossible.
2. In the event of cancellation by the Host on the basis of the preceding paragraph, Huureenhut shall refund to the relevant Guest the full amount paid by the Guest, including the service fees paid by the Guest. In such case, the service fees will be charged by Huureenhut to the Host.
3. Huureenhut shall be entitled to terminate the Use Agreement with the Host if, in Huureenhut's opinion, the Host unreasonably often cancels Bookings, as this may jeopardize the reliability of the Offer towards Guests.

ARTICLE 8. | CANCELLATION OF BOOKINGS BY GUESTS

1. Pursuant to Article 6:230p, opening words and under (e) of the Dutch Civil Code, Guests have 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. A contractual cancellation policy agreed by Huureenhut with Guests applies, which is accepted by the Host upon entering into the Use Agreement. A Booking may therefore be cancelled by the Guest. The Guest may cancel a Booking free of charge up to 14 days prior to the date on which the stay in the Hut takes place or commences (the booking date). In the event of cancellation from 14 days up to 7 days prior to the booking date, Huureenhut will charge 50% of the original hut price. In the event of cancellation within 7 days prior to the booking date, no refund will be made to the Guest.
2. In the event of cancellation of a Booking by a Guest, as a result of which, pursuant to the preceding paragraph, Huureenhut must refund the full hut price to the Guest, the Host shall not be entitled to any compensation. If, due to the Guest's cancellation of the Booking, a portion of the hut price remains due by the Guest, the Host shall be entitled to such portion, less the agreed commission on the portion to be paid out.

ARTICLE 9. | TERMS OF USE AND MISUSE

1. Subject to the limitations in these Terms and Conditions, Huureenhut shall make the Host's account and associated functionalities of the Platform available to the Host during the term of the Use Agreement.
2. Huureenhut only makes the Platform and associated functionalities available to the Host. The direct or indirect sharing via the Platform of data provided by the Host in the context of the Use Agreement takes place under the Host's sole responsibility and liability. The information that the Host places on its profile on the Platform likewise falls under the Host's own responsibility. Huureenhut is not liable for the content of this profile.
3. Huureenhut reserves the right to remove direct links or promotions in the Host's profile description.
4. 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 arising from communication between Guests and the Host via the chat function.
5. The rights accruing to the Host in connection with the Use Agreement may never be transferred to third parties.
6. It is prohibited to breach, remove or circumvent any security in the Platform's software.
7. It is prohibited to use equipment or software that may disrupt or heavily burden the normal operation of the Platform, such as the distribution of viruses, worms, etc.
8. The Host warrants that all information added to the Platform by or on its behalf does not infringe third-party rights or any statutory provision.
9. It is prohibited to upload threatening, racist, intimidating or other improper expressions via the Platform or to share such expressions via the Platform with other users of the Platform.
10. Huureenhut is at all times entitled to take any actions that may be helpful in detecting or preventing suspected misuse. Other users of the Platform may file a complaint with Huureenhut regarding misuse. If Huureenhut considers a complaint to be well-founded, Huureenhut reserves the rights referred to in Article 12.

ARTICLE 10. | TERM AND TERMINATION OF THE USE AGREEMENT

1. The Use Agreement is entered into for an indefinite period.
2. The Use Agreement may be terminated by the Parties. Termination by the Host must be effected by deregistering from the Platform in the manner indicated under its account on the Platform. In the event of termination by the Host, the Use Agreement ends only when Huureenhut has confirmed the termination to the Host by e-mail and the Host's account on the Platform has been deactivated. This shall take place as soon as possible after Huureenhut has received the Host's termination notice.
3. The ending of the Use Agreement shall not affect the Parties' obligations in respect of Bookings already concluded. Bookings already concluded prior to the end of the Use Agreement must still be performed, and Huureenhut shall continue to settle the Service in that regard without limitation.

ARTICLE 11. | COMMISSION AND PAYMENTS

1. Subject to paragraph 3, the Host owes, for each Booking concluded, the percentage expressly agreed between the Parties on the hut price applied by the Host for the Booking. This amount is exclusive of the service fees that the Guest pays to Huureenhut. For each additional Hut offered by the Host on the Platform, the commission percentage is reduced by 0.5% per additional Hut, up to a maximum of 11 Huts. The percentage thus determined applies to all Bookings made with the Host. If the number of Huts offered by the Host is reduced, the commission reduction lapses proportionately.
2. The commission owed by the Host to Huureenhut is increased by 21% VAT.
3. The Host receives from Huureenhut an embed code or a link by which the Hut(s) can also be offered on the Host's own website. When a Guest books a Hut via this embed code or link, the Guest is redirected to the Platform to finalize the reservation. In such case, the Host owes no commission.
4. The commission percentage may be amended from time to time by Huureenhut. In such case, Huureenhut shall notify the Host in Writing one month prior to the effective date of the amendment. If the Host maintains the Use Agreement, the Host agrees to the amended commission percentage.
5. When a Booking is made via the Platform, payment is processed through Huureenhut's escrow service. The amounts received remain in escrow until the Booking has actually taken place. Payment to the Host, after deduction of the commission due, is made weekly based on the Bookings actually performed in the preceding period in which the Host is a party. Each Booking is paid out separately. The Host receives a statement of the relevant Bookings and the commission percentages applied thereto. Huureenhut is not liable for any delay in payment.
6. Huureenhut reserves the right to suspend a payout or to rescind a Booking on behalf of or at the instruction of a Guest and apply a refund in favour of a Guest if Huureenhut has good grounds to assume or fear—whether or not in response to a complaint from that Guest—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. Huureenhut may charge the Host for the commission thereby missed. The aforementioned decisions shall be taken by Huureenhut to the best of its knowledge and ability and reasonably, but Huureenhut shall never be liable to the Host for any damage resulting from such decisions.

ARTICLE 12. | SUSPENSION AND TERMINATION

1. Unless the Host's breach, given its special nature or minor significance, does not reasonably justify such termination and its consequences, Huureenhut is entitled to suspend further performance of the Use Agreement (and to block the Host's account) if and for as long as the Host fails to perform its already due and payable obligations under the Use Agreement (including the provisions of these Terms and Conditions).
2. Huureenhut is entitled to terminate the Use Agreement in whole or in part with immediate effect if the Host fails to perform its obligations under the Use Agreement, fails to do so in a timely manner or fails to do so in full, unless the Host's breach, given its special nature or minor significance, does not reasonably justify such termination and its consequences. If performance of the Host's obligations in respect of which it is in breach is not permanently impossible, the right to terminate shall arise only after the Host has been given notice of default by Huureenhut in Writing, specifying a reasonable period within which the Host may (still) perform its obligations and performance has still not occurred after expiry of that period. The foregoing shall not apply if Huureenhut must infer from a statement by the Host that the Host will permanently fail to perform, in which case a notice of default would be pointless and termination may occur without notice of default.
3. Furthermore, Huureenhut is entitled to terminate the Use Agreement in whole or in part if circumstances arise of such a nature that performance of the Use Agreement is impossible or that unaltered continuation thereof cannot reasonably be required of Huureenhut.
4. The Host shall never be entitled to any form of compensation in connection with Huureenhut's exercise of the right of suspension and/or termination under this Article.
5. The ending of the Use Agreement shall not affect the Parties' obligations in respect of Bookings already concluded. Bookings already concluded prior to the end of the Use Agreement must still be performed, and Huureenhut shall continue to settle the Service in that regard without limitation.

ARTICLE 13. | LIABILITY AND INDEMNITY

1. The Host warrants that it is fully entitled to issue the Offer under the name used by it and that, by doing so, it does not infringe any third-party rights. The Host indemnifies Huureenhut against all third-party claims in this regard.
2. Huureenhut is at all times entitled, if it considers that there are well-founded reasons to do so, to remove the Offer placed on the Platform on behalf of the Host, without Huureenhut being in any way liable to the Host or third parties as a result of such removal. A well-founded reason includes, inter alia, the circumstance that the Offer is contrary to the law or to the customary offering on the Platform.
3. Huureenhut gives no undertaking to the Host that, or to what extent, Huts of the Host will be booked via the Platform. In this respect Huureenhut undertakes only a best-efforts obligation.
4. Huureenhut accepts no responsibility for the locations where the booking widget made available by Huureenhut is placed, nor for any technical problems occurring when using the embed code or link. It is the Host's responsibility to ensure that the booking widget functions correctly on the platforms or websites it has chosen. In the event of technical complications, for example caused by external platforms, Huureenhut cannot provide support. Nor is Huureenhut responsible for any double Bookings resulting from the use of the booking widget.
5. The assessment of whether the Host acts under the Use Agreement in the capacity of a business or as a private individual rests entirely with the Host. Huureenhut accepts no responsibility or liability for the fiscal, administrative or other (legal) consequences arising from such qualification. The Host indemnifies Huureenhut against all third-party claims in this regard.
6. Huureenhut is not responsible for any bookkeeping of the Host and provides payout overviews only. The Host is responsible for calculating any taxes due by it and for filing and remitting such taxes to the Dutch Tax and Customs Administration. It is entirely the Host's responsibility how the payout statements from Huureenhut are processed in its bookkeeping, if any.
7. Huureenhut accepts no responsibility and no liability for the content of reviews— including negative or fake reviews—posted by Guests about Huts or the Host on the Platform. Huureenhut cannot be compelled to remove such reviews.
8. 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).
9. Huureenhut is not liable for damage resulting from unauthorized use of login details for access to the Platform.
10. Huureenhut endeavors to optimize the proper functioning and availability of the Platform. However, Huureenhut cannot guarantee that the facilities on the Platform are available without interruption and that all facilities on the Platform will function without problems at all times. Without prejudice to the Host's right to settlement of the Service in respect of Bookings already concluded, any liability of Huureenhut in this respect is excluded.
11. 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 Host's right to settlement of the Service in respect of Bookings already concluded, all liability of Huureenhut resulting from inaccessibility of the Platform or parts thereof is excluded.
12. Huureenhut makes reasonable efforts to secure the Platform and its systems against any form of unlawful use by third parties. However, Huureenhut shall never be liable for infringements of (intellectual property) rights of the Host by third parties.
13. To the extent that, notwithstanding the provisions of these Terms and Conditions, any liability rests with Huureenhut, such liability to the Host, on any ground whatsoever, shall at all times per event (a series of related events being regarded as one event) be limited to the commission amounts (excluding VAT) actually charged by Huureenhut to the Host over the last 12 months prior to the occurrence of the event causing the damage.
14. In any event, Huureenhut shall never be liable for lost profits, business interruption, other consequential damage, loss of data, or non-pecuniary damage related to the use of the Platform and Huureenhut's further performance of the Use Agreement.
15. It is a condition for the arising of any right to compensation that the Host gives Written notice to Huureenhut immediately after the occurrence or possible discovery of the damage. Any claim for damages shall lapse if the Host does not complain to Huureenhut in this respect within a reasonable time, which in any case expires 12 months after the claim arose.
16. The Host indemnifies Huureenhut against any claims by third parties, including in particular those of Guests, who suffer damage in connection with the performance of the Use Agreement or Bookings and the cause of which is attributable to the Host. If Huureenhut should be addressed by third parties on that account, the Host is obliged to assist Huureenhut both out of court and in court and to do without delay all that may reasonably be expected of it in that case. Should the Host fail 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 Host.

ARTICLE 14. | INTELLECTUAL PROPERTY

1. Huureenhut or its licensors 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 Host itself. 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 Host 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 15. | AMENDMENT OF TERMS

1. Huureenhut is entitled to amend these Terms and Conditions and/or the "General Terms and Conditions Huureenhut (Guests)", as well as other terms attached to the Use Agreement. In such case, the Host will be notified, the amended terms will be provided to the Host, and they will enter into force after a period of one month following such notice. If the Host maintains the Use Agreement, the Host consents to the amended Terms and Conditions.

ARTICLE 16. | APPLICABLE LAW AND DISPUTE RESOLUTION

1. Dutch law exclusively governs every Use Agreement and all legal relationships arising therefrom between the Parties.
2. Huureenhut is entitled to transfer its rights and obligations under the Use Agreement to a third party, for example in the event of a change of its legal form.
3. Before submitting any dispute to the courts, the Parties are obliged to use their best efforts to settle the dispute amicably.
4. 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. If the Host does not act in the exercise of a profession or business, the Host 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.