Terms & conditions

Welcome to Micazu and thank you for your visit!
It is only possible for Dutch speaking landlords to advertise a holiday house on Micazu.

This website (hereinafter referred to as "the website") is part of and is offered by Micazu BV (hereinafter referred to as "Micazu") office in The Hague, the Netherlands at the (2491 AC) Oude Middenweg 17 and is a registered entity with the Chamber of Commerce with registration number 34.29.51.21

The website is a platform where suppliers of holiday accommodations (hereinafter referred to as "the Landlords" or "Landlord" as is appropriate) may offer these accommodations for rent in advertisements to the website’s visitors. Micazu is not and will not become a party to the rental agreement in relation to holiday accommodations which may be created between a Landlord and a visitor to the website. Visitors to the website (hereinafter referred to as “visitors”), who contract to take the offers of holiday accommodations presented by Landlords and/or are going to rent the holiday accommodation offered by a Landlord, will hereinafter be referred to as "Tenants" or "Tenant" as is appropriate. Visitors, Tenants and Landlords are hereinafter jointly referred to as “Users” (plural) or “User” (singular).

By using the website, you indicate that you agree to these Terms and Conditions (hereinafter “Terms & Conditions”). We advise you to read these Terms and Conditions carefully. When using the website, you may be asked to reaffirm agreement with these Terms and Conditions.

If, after reading, questions about these Terms and Conditions arise, then we would like to hear from you. You can contact us using the contact form.

Structure explanation of these Terms and Conditions:

These Terms and Conditions comprise of two sections:
Section 1 is a section of general application, which applies to all visitors to the website;

Section 2 comprises of conditions which specifically apply to Tenants without exception, and is supplementary to section 1;

Section 1:  General Conditions for users

Additional conditions:
The User is advised that for several additional services Micazu may provide, conditions specific to said services may be applicable beside these Terms & Conditions. These additional conditions are an integral part of the Terms and Conditions. The opportunity to ascertain and accept or refuse these additional terms will be offered to you before you enter into an agreement about these additional services. Should there be a disparity between the additional conditions and the conditions expressly stated in the Terms and Conditions, the additional conditions will prevail. 

Effective date and interim changes: 
From May 10th, 2017 these Terms and Conditions are effective and apply to all users of the website for any lawful purpose connected with the website and to all services offered by Micazu.

Micazu, like all other companies, reserves the right to modify its Terms and Conditions from time to time. Of course you would like to know which version of the Terms and Conditions (old or new version) is applicable to you. By using the below clear guidelines we will ensure that it is always clear to you which Terms and Conditions apply to you.

For Visitors to the website the version of these Terms and Conditions which is shown at each visit to the website is applicable;

– For Tenants who have taken an offer of accommodation the version of these Terms and Conditions applies which applies is that which was applicable at the time that the booking request was sent to the Landlord;

– For Landlords the latest version of these Terms and Conditions which applies is that which is stated to be applicable at the date of notification by Micazu to the said Landlords through a notification in the Micazu management environment.

The new version of the Terms and Conditions are applicable to booking requests and every agreement between Micazu and Visitors, Tenants and Landlords, the effective date of applicability being May 10th, 2017.

Privacy Policy
Your privacy is important to Micazu, therefore Micazu makes use of a Privacy Policy. The Privacy Policy explains how Micazu protects your privacy when you use our website. In addition, we explain how Micazu handles personal information. Our Privacy Policy can be found here and can be checked through the Privacy button at the bottom of the website.

Functioning Website
Micazu takes great care to ensure the optimal and efficient functioning of the website as well as the accuracy of the information that it contains. For the functioning of the website Micazu also depends on third parties. Information about holiday accommodation is composed by Landlords. For these reasons Micazu regretfully cannot guarantee that the website will always function without disruptions or that information presented on the website will be always be readily available and/or accurate. However, Micazu shall do what it is able to do within reasonable limits to ensure that the website functions properly and the information provided is accurate.

Limitation of Liability and Indemnification
Micazu is responsible for hosting and the accessibility of the website. Micazu is not liable for damage, loss or injury due to system failure, connection failure or another defect or malfunction of the website. Nonetheless, Micazu will try to resolve malfunction as soon as possible.

Micazu is not liable for damages resulting from use of the website by the User.

Micazu disclaims, to the extent permitted by law, liability for any damage caused by a User through;

(i) use of the services of the website or other services of Micazu;

(ii) unsafe or unavailable parts of the website, or if such conditions relate to the website in its entirety;

(iii) Incorrect information on the website;

If liability is incapable of being excluded by law, we nonetheless limit liability as follows:

– In the event of a case of a claim by a Tenant: to the maximum amount of the basic weekly rate paid to the Landlord for the respective accommodation;

– In the event of a claim by a Landlord: to the maximum amount of the basic week price paid by the Tenant to the Landlord for the respective accommodation;

– In the event of a case of third parties - a claim of a User- other than Landlord and Tenant - a maximum amount of € 150, - *.

Users indemnify Micazu against claims by third parties relating to damage, including - but not limited to - legal fees, incurred on account of the conclusion of an agreement between Tenant and Landlord and/or the use of the website.

* The above-mentioned amount does not include VAT.

6. Unauthorized use of The Website

The content of the website includes a database with a wide selection of vacation accommodations (hereinafter referred to as "the Database"). Micazu is the owner of the Database and the rights attendant thereto inure to Micazu as the owner of the said Database and as delineated by Database law any other applicable law. Users are not permitted without the prior written consent of Micazu, to duplicate, save or otherwise copy any part of this Database, nor to allow others to do so. If for any reason any right under Database or other applicable laws do not apply in relation to this Database, or for any other reason as a matter of contract law, the User is also not permitted, without prior written consent of Micazu, to duplicate, save or otherwise copy any part of this Database.

Micazu has obtained a license from the Landlord to use all images, videos and texts (hereinafter "Content") placed by the Landlord on the website. The Content is copyright protected.

The following use of the website, features of the website, Database and Content included, is not permitted in relation to users without the prior written consent of Micazu:

– copy, save, reproduce, multiply and/or publish;
– the collection of personal information;
– approaching other Users for the provision of identical or similar products and/ or services.

7. Explanation of Terms and Conditions and application
If uncertainty exists regarding the interpretation of one or more provisions of these Terms and Conditions then the explanation for the actual purpose of these provisions applies.

If between parties, a situation arises that is not covered by these Terms and Conditions, this situation must be assessed in light of the intent and purpose of these Terms and Conditions.

If one or more provisions of these Terms and Conditions or any other agreement with Micazu is in conflict with any applicable law provision, the provision is void and will be replaced by a Micazu new lawful provision. However, the validity of the remaining provisions will not be affected. In the event that by virtue of a court ruling one or more provisions of these Terms and Conditions shall be wholly or partially invalidated, this shall not affect the remaining provisions of these Terms and Conditions.

8. Transfer to third parties
Micazu is entitled to transfer its rights and obligations regarding to the services offered by Micazu, including the website, and to allow third parties to execute and offer these  services.

9. Force Majeure
Notwithstanding any other rights Micazu may have, in case of force majeure Micazu has the right to choose to suspend its services or to terminate the contract without judicial intervention and to communicate this in writing with the User.  Micazu will not be liable for any compensation in such cases, unless this would be unacceptable in the circumstances to standards of reasonableness and fairness as determined by the customs of the industry.

Force majeure is defined as any shortcoming which cannot be attributed to Micazu because it is not due to its fault nor under the law, legal act or generally accepted standards, its responsibility.

10. Abuse, applicable law and disputes
The User is not permitted to use the website for any illegal, immoral or illicit activity. Micazu will take firm action against abuse of the website.

All legal relationships which involve Micazu, including any agreement between Micazu and a User, shall be subject only to Dutch law as the applicable law, irrespective of the jurisdiction(s) in which the contract is effected in whole or in part and without regard for the jurisdiction of nationality, birth or domicile of any party. Furthermore, the applicability of the Vienna Sales Convention is excluded.

The Hague District Court shall have exclusive jurisdiction to hear disputes. Nevertheless, Micazu has the right to submit the dispute to the legally competent judge.

Section 2 Conditions for Tenants

These conditions apply in addition to the requirements of Section I in these Terms & Conditions.                 .

11. Responding to offer of Landlord
Micazu is not and will not become a party to any agreement that a Tenant may have or seeks to have with any Landlord.  All such agreements are independently made by the Tenant with the Landlord. Micazu acts as a conduit for the sending of the Tenant’s booking request and has no further involvement with (or knowledge of) any rental transaction and payment.

The onus is on the Tenant to request any background information about the accommodation from the Landlord and do further research regarding the location and quality of the accommodation, as well as the reliability of the Landlord.

12. Information provided on the website
Micazu does it best to ensure that the information provided by Landlords on the website regarding the accommodation is correct. To this end Micazu undertakes - when there is good reason as determined at its sole discretion - to take various actions in respect of the Landlord.

Nonetheless, Micazu cannot guarantee that the information on the website will at all times be accurate and/or reliable. Micazu cannot be held liable for damages, directly or indirectly, resulting from the use or dissemination of information on the website.

Micazu does not exercise physical control over the content quality of the presented accommodation and the accuracy and completeness of the presented accommodation.

Micazu also cannot guarantee you that the accommodation offered on the website by Landlords will meet your expectations.

13. Booking request
The term “Booking request” is understood to mean: a potential Tenant sends the booking request form by means of the calendar in the advertisement of the Landlord and in doing so places the booking request with the Landlord. Sending a booking request to the Landlord is binding unless a contrary intention or specified conditions are included in the offer of the Landlord on the website. Landlords have committed themselves towards Micazu to respond to booking requests as soon as possible, but in any event within five (5) days after receiving a booking request by a Tenant. If a Landlord does not respond within the stipulated five days, Micazu will send a message to the Tenant indicating that the Landlord is not accessible and the booking request has expired (hereinafter called "Expired Booking Request") without any further obligation for the Tenant.

14. Complaints
Should you have a complaint about our services, you may submit this complaint by sending an email to helpdesk@micazu.com. Complaints must be submitted within a reasonable period of time and in any event within sixty (60) days of the discovery of the complaint. The complaint should properly substantiated. Micazu will confirm receipt of your complaint and subsequently aim to respond within 14 days to pursue your complaint. If responding to your complaint within 14 days is not possible, we will inform you about this within 14 days and specify within what period you may expect a response.

15. Posting reviews
Micazu values your opinion your experience. For that reason, Tenants who have made a booking request through the website, have the opportunity to post a review about the rented accommodation. That review will be posted at the respective accommodation listing. Landlords have the opportunity to respond to a review. In all cases, reviews of Tenants and comments of Landlords will be posted on the website at the respective accommodation listing. A review and a response must be truthful and should not contain offensive words or symbols of an offensive nature. Reviews and comments that violate these rules will be removed by Micazu. Micazu reserves the right to remove reviews and comments or to propose suggestions for amendment at any time if they see a reason for this.

A Landlord has the option to display or not to display a review in his advertisement. If a Landlord chooses not to display a review the rates given by a Tenant will still be included in the average rate displayed with the ad.

 It is only possible for Dutch speaking landlords to advertise a holiday house on Micazu.

 

COPYRIGHT MICAZU B.V. 2010-2017

These Terms and Conditions are subject to copyright and may not - in whole or in part - be reproduced or published in any manner whatsoever by third parties without the prior written consent of Micazu BV.