Terms & Conditions

TERMS OF SERVICE_V1.1#2017

1. Scope and the Terms of Service

1.1. These terms and conditions shall be applied when Blue Holidays Finland Oy (”BHF”) rents holiday cottages and holiday apartments and rooms for the customer.

1.2. The subject of this agreement is the holiday cottage or apartment or room specified at the time (each separately “Rental Property”)

1.3. The Rental Property shall be reserved via BHF’s website or other channel available at the time.

1.4. Hereinafter these terms and conditions shall be referred to as the ”Terms of Service”, the customer as “Customer”, the subject of the Agreement as “Rental Property”, the service provided by BHF as “Rental Service” and the contractual whole formed by these as “Agreement”.

2. Use of the Rental Service

2.1. All Customers must accept the Terms of Service when reserving a Rental Property. The acceptance shall be made electronically. By accepting the Terms of Service, the Customer shall also accept that the Customer’s personal data may be processed to fulfill this Agreement in accordance with the privacy policy found at BHF’s website.

2.2. BHF shall be responsible for ensuring that the data security and processing of personal data done in connection with the Rental Service shall be done in accordance with all applicable laws and regulations, especially regarding the processing of personal data. BHF shall have the right to delete information from the Rental Service if the information is at a discrepancy with this Section.

2.3. Information content included in the Rental Service shall be utilised when using the Rental Service. Any reservation and its content may be verified from BHF’s electronic records. Such verification is binding.

2.4. Upon the termination of the Agreement, BHF shall delete the customer records, unless the Customer has given his/her consent for storing the information for a follow-up customer relationship while registering for the Rental Service. Passenger information shall be stored in accordance with the applicable laws and regulations in force at the time.

2.5. In the event the Customer is in breach with any of the terms set out in this Agreement, BHF has the right to prevent the use pf the Rental Service and/or to terminate the Agreement.

3. Reservations, Rental Service Fees, Changes to Reservations and Cancellations

3.1. Customer’s competence before the law. The Customer shall be an adult and competent before the law. If the reservation is made for multiple persons, the Customer must have the consent or authorisation to act for or on behalf of such other persons pertaining to the reservation. The Customer shall be responsible for ensuring that any and all information regarding the people mentioned in the reservation and entered into the Rental Service is accurate and that the Customer has had the right to enter such information concerning other people into the Rental Service. The personal data and the reason for the trip (holiday or business trip) shall be filled in during the reservation for all guests mentioned in the reservation. The above mentioned information shall be requested for a passenger register in accordance with the requirements and scope designated by the authorities and applicable laws and regulations.

3.2. Making a Reservation. While making a reservation for the Rental Service electronically, the Customer shall receive a reservation confirmation to his/her e-mail after BHF has processed the reservation. The reservation has not been concluded before the Customer receives a reservation confirmation.

3.3. Reservation fee. The Customer shall receive an invoice for the Rental Service in connection with the reservation confirmation. The Customer shall pay the reservation fee of at least 15 % immediately. The amount of the reservation fee shall be calculated from the total sum of the ordered Rental Service. The reservation fee shall be paid in accordance with the method of payment set out at BHF’s website. The Rental Service shall activate, and the reservation shall be confirmed with the payment of the reservation fee.

3.4. Payment of the Reservation. The Customer may pay the whole invoice for the Rental Service and the service fee in connection with the reservation fee. The service fee is EUR 10 for reservations under EUR 250 and EUR 15 for reservations from EUR 250 to EUR 499, EUR 25 for reservations from EUR 500 to EUR 999, EUR 35 for reservations from EUR 1000 to EUR 1499, EUR 45 for reservation from EUR 1500 to EUR 1999. If the Reservation is EUR 2000 or over, the service fee is EUR 55. All reservations under EUR 250 shall be paid in full in connection with making the reservation. Otherwise the fee for the Rental Service shall be paid 60 days before the beginning of the trip designated in the reservation. If the reservation is made earlier than the abovementioned 60 days, only the reservation and service fees shall be paid in connection with making the reservation. The final payment shall in such a situation be due 60 days before the beginning of the trip designated in the reservation.

3.5. Payment methods. The customer can choose to make the payment with an invoice (bank transfer) or with Bambora PayForm it is possible to pay the reservation by an internet banking account, a wallet, a payment card (credit/debit). The following methods of payment are supported: Osuuspankki, Nordea, Danske Bank, Oma Säästöpankki, Säästöpankki, Aktia, Paikallisosuuspankit, S-Pankki, Handelsbanken, Ålandsbanken, MobilePay, Visa-, Visa Debit-, Visa Electron-, MasterCard- and Debit MasterCard payment cards.

Bambora PayForm (Paybyway Oy, business-id FI24865594) is the payment facilitator of the online shop. The Paybyway Oy is a payment facilitator authorized by the Financial Supervisory Authority of Finland. The payment process is conducted in the online service of the Bambora. Bambora or Paybyway Oy is shown as the payment received in the bank account listing and in the invoice. Paying with Bambora is safe. All information is exchanged through secured connections.

Bambora PayForm, Paybyway Oy (business-id FI24865594)
E-mail: payform@bambora.com
Telephone: +358 29 300 5050 (workdays 9-16)
Address: Laserkatu 6, 53850 Lappeenranta, Finland

3.6. The Cancellation or Change to a Reservation by the Customer. Any and all requests for changes and cancellations shall be processed by BHF in writing. The Customer shall deliver such a request by e-mail to BHF. If the Customer changes his/her reservation, BHF shall have the right to request additional fees for such an action.

3.7. Refunds. The Customer shall not have a general right to cancel the reservation unless BHF and the Customer have agreed upon such a right explicitly in connection with the reservation confirmation. The reservation fee or the delivery fee shall not be refunded to the Customer in the event the Customer cancels his/her reservation. In the event the cancellation is done later than 28 days before the time of the reservation, the fee for the Rental Service shall not be refunded in any part. BHF recommends Customers to purchase a travel insurance, which covers fees caused to the Customer due to a cancellation.

3.8. Illness or Force Majeure. Notwithstanding, the Customer shall have the right to get a refund for all payments made, with the exception of the reservation and service fees, in the event the Customer or a person from the same household falls seriously ill, suffers an accident or dies. The Customer shall notify BHF without delay of such a cancellation and the matter shall be verified by, for example, a doctor’s certificate.

3.9. BHF’s Right to Cancel a Reservation. BHF shall have the right to cancel any and all unpaid reservations after the due date. In addition, BHF shall have the right to cancel a reservation in the event of force majeure. Such a situation may be caused by, for example, an exceptionally strong weather phenomenon, flood, fire, or damage caused to the Rental Property (for example water damage). In the event of a force majeure, all payments shall be fully refunded to the Customer. However, BHF shall not be responsible for any expenses caused to the Customer by a force majeure (for example fees for replacement accommodation).

3.10. Other Fees. Fees for other services offered by BHF shall be defined in a separate price list valid at the time.

3.11. Changes in Fees. BHF shall have the right to change its fees if taxes and other public fees related to the Rental Service change after making the reservation.

4. Rental Time and Services Included

4.1. Rental Time. The Rental Property shall be at disposal of the Customer from 16.00 pm on the day of arrival to 11.00 am on the day of departure. The time of the handover of the Rental Property and the keys as well as any unusual arrival times shall be agreed in connection with the reservation confirmation. If the Customer is unable to arrive at the notified time, BHF cannot guarantee the handover of the keys.

4.2. Services Included in the Rental Fee. The fee for the Rental Property (cottage and/or apartment) shall include the right to use Rental Property, normal energy consumption, cooking and eating utensils, mattresses, quilts, basic furniture as well as firewood for the fireplace and sauna in properties, which have a fireplace and/or a sauna stove. Dishwashing detergents, basic spices as well as toilet and kitchen paper rolls are not included in the rent. Sheets and towels may incur a separate fee. Such a situation shall be stated in the description of the Rental Property. The Customer shall be responsible for cleaning the Rental Property during his/her stay. The Customer shall be aware that the tap water of especially Rental Properties situated in the countryside may have colour, taste and scent differences.

4.3. Activity Services. The Customer may, if he/she so wishes, enquire whether there are different activity services in the vicinity of the Rental Property. Such services may include canoe trips, guided tourist tours and trekking tours. Such activity services shall always require a separate agreement between the Customer and the third party provider of the activity service.

4.4. Security Deposit. The owner of the Rental Property or a third party working for the owner shall be entitled to charge a security deposit of EUR 150 – 300 on arrival to the Rental Property to cover possible damages or the non-performance of the Customer. If no such damage is caused or non-performance detected, the security deposit shall be returned to the Customer on the day of departure. All non-performed obligations, caused damages and additional costs caused by cleaning may be deducted directly from the security deposit. The security deposit shall be returned afterwards, if the Customer departs during such a time when the owner of the Rental Property or a third party working for the owner cannot access the Rental Property to evaluate the condition of the Rental Property.

5. Use and Handover of the Rental Property

5.1. Smoking and pets. All Rental Properties are non-smoking. Acceptance of pets and possible additional fees for pets must be agreed upon while making the reservation.

5.2. Final Clean-up by the Customer. The Customer shall arrange clean dishes to the cupboard and empty the trash, fridge and freezer as well as take all empty bottles and cans out. The furniture of the Rental Property shall be set to their original places and the floors shall be moped and hoovered. All stands and tables shall be swiped with a damp cloth and the sauna and toilet facilities shall be washed. The grounds of the Rental Property shall be emptied of trash and shall be left as they were when the Customer arrived. Linen and towels shall be left at the end of the bed piled up.

5.3. Ordering of a Final Clean-up. The Customer may opt in for a final clean-up service in connection with making the reservation and/or some of the Rental Properties’ fees may include a mandatory final clean-up. The ordered final clean-up shall not include washing the dishes or taking out the trash. The Customer shall arrange clean dishes to the cupboard and empty the trash, the fridge and freezer as well as take all empty bottles and cans out. Linen and towels shall be left at the end of the bed piled up.

5.4. Neglection of the Final Clean-up. An additional charge shall be invoiced afterwards from the Customer for the neglection of the final clean-up, for not washing the dishes, for not emptying the fridge or freezer and for not taking out the trash and bottles and cans.

5.5. Number of People Staying at the Rental Property. The maximum number of people staying at the Rental Property is the number entered during the reservation. If there are changes in the number of persons before the day of arrival, such changes shall be notified to BHF and BHF’s consent shall be required for such changes to be effective. The consent of BHF is required, if the Customer intends to arrange parties or receptions at the Rental Property, which are attended by other people except the people designated to stay at the Rental Property in the reservation.

5.6. Handover of the Rental Property. The Customer shall hand over the Rental Property and its keys at 11.00 am on the day of departure, unless otherwise mentioned in connection with the reservation confirmation. If the Customer intends to leave at some other time, he/she shall make arrangements for the handover of the key and the return of the security deposit with the owner or the custodian well in advance of departure.

5.7. Liability for Damages. The Customer shall be responsible for compensating the owner of the Rental Property fully for any and all damages caused to the Rental Property or to its furniture during the Customer’s stay. The Customer shall notify the owner of the Rental Property or a third party working for the owner of such damages without delay. The notification shall also be delivered to BHF without delay.

5.8. Termination of the Agreement. The owner of the Rental Property or a third party working for the owner shall have the right to terminate the Agreement with immediate effect and prevent the Customer or the Customer’s quests from entering the Rental Property, if it is necessary in order to protect the owner’s property, due a breach of the terms of the Agreement or due to other weighty reasons. In the event of such termination, no payments shall be refunded to the Customer for the used

6 Reclamations

6.1. Reclamations. All reclamations and complaints concerning the Rental Property, its facilities, equipment and condition shall be made immediately once the cause for them arises. The reclamations and complaints shall be made to the owner or to a third party working for the owner. If the owner or the third party working for the owner does not remedy these defections, the reclamation or complaint shall be made to BHF within 36 hours of the detection of such a defect or fault. Complaints made at a later time shall not be considered or compensated.

7  Limitation of Liability

7.1. Limitation of Liability. BHF’s liability shall be limited to direct damages inflicted to the Customer by BHF’s negligence in relation to this Agreement or to the use of the Rental Service in accordance with this Agreement. BHF’s liability shall not, under any circumstances, exceed the payments made under this Agreement by the Customer for the Rental Service. BHF shall not be liable for any indirect or consequential damage caused to the Customer. BHF shall not, under any circumstances, be liable for any direct, indirect or consequential damages caused to the Customer by services offered free of charge. All activity services are produced and invoiced by a third party independent from BHF. BHF shall not, under any circumstances, be liable for any defects in such a service or for any direct, indirect or consequential damages caused to the Customer by such services.

7.2. Information Regarding the Furniture of the Rental Property and the Nearby Areas. The information regarding the furniture and the nearby areas reflect the information provided by the owner or by BHF in connection with the publication or update of the Rental Property’s page. The furniture and other objects depicted in pictures taken from the Rental Property and shown at the Rental Property’s page may vary due to normal wear and/or updates to such furniture/objects. All objects depicted in the pictures may not possibly be at the Rental Property. BHF shall not be responsible for the availability or accuracy of the services mentioned to be available near the Rental Property.

8 Forum and the Choice of Law

8.1. Dispute Resolution. This Agreement and the Rental Service shall be governed by Finnish law, excluding its choice of law provisions. All possible disagreements shall be settled in Helsinki District Court and under the laws of Finland.