Section I. General provisions for booking services

1. Definitions

The following terms (both singular and plural) shall have the following meanings in these General Terms and Conditions:

a. General Terms and Conditions: these general terms and conditions of YOSAA;

b. Client: the natural or legal person with whom YOSAA enters into an Agreement relating to one or more Serviced Apartments, or to whom YOSAA makes an offer relating to Serviced Apartments;

c. Agreement: the agreement between YOSAA and Client regarding one or more Serviced Apartments consisting of the booking confirmation, the registration card and these General Terms and Conditions;

d. Partner(s): affiliated providers of Serviced Apartments with whom YOSAA has entered into an agreement pursuant to which YOSAA is entitled to rent Serviced Apartments to Clients;

e. YOSAA: the private company with limited liability YOSAA B.V., established in (1082 ME) Amsterdam at Gustav Mahlerlaan 50 B and with VAT number NL855382272B01;

f. Serviced Apartments: a furnished, serviced residential unit or apartment hotel for a temporary stay of short duration by nature.

2. Applicability of the General Terms and Conditions

2.1 These General Terms and Conditions apply to all services and offers made by (the mediation of) YOSAA, to every booking and to every Agreement, including the pre-contractual situation between YOSAA and the Client, including negotiations and offers even if they do not lead to the conclusion of an Agreement.

2.2 YOSAA expressly rejects the applicability of general terms and conditions of the Client. YOSAA is only willing to enter into a contract under the application of its own general terms and conditions. Deviating terms and conditions shall only apply insofar as they have been accepted by YOSAA in writing and shall only apply to the respective agreement(s).

2.3 These General Terms and Conditions may only be deviated from in writing. In that case, all other provisions of these General Terms and Conditions shall remain in force.

2.4 Unless expressly provided otherwise in the agreement, YOSAA’s rights under these General Terms and Conditions shall accrue to YOSAA without prejudice to all other rights under the agreement and under the law. 

3. Scope of service

3.1 SA facilitates a platform on which the accommodations of Partners are promoted and the Client can rent Serviced Apartments. YOSAA helps clients make bookings for Serviced Apartments through various channels (including website, email and phone). The YOSAA website (among others) advertises the Serviced Apartments of affiliated Partners for the purposes of offering their Serviced Apartment for booking. Visitors to the website can make such bookings. 

3.2 The contents of all price lists, brochures and other information provided with an offer are stated as accurately as possible. The relevant information is only binding for YOSAA if this has been explicitly confirmed in writing by YOSAA. Offers are based on information provided by the Partner and the Client. 

3.3 As soon as the Client checks into a Serviced Apartment, a (contractually binding) relationship between the Client and the respective Partner arises. YOSAA will only send the Client a booking confirmation together with the invoice. From the moment the booking is confirmed, YOSAA shall act as contact and/or intermediary between the Client and the selected Partner on all booking-related questions (such as extensions, cancellations, etc.). Any questions or comments on all booking-related matters can be communicated to YOSAA online, in writing or by phone. If there are any questions about the Serviced Apartments (e.g. facility issues), they can be addressed directly with the respective Partner. 

3.4 YOSAA sends the Client a booking confirmation together with the invoice; and YOSAA sends the booking details to the Partner of the respective Serviced Apartment so that the (personal) check-in (appointment) can be scheduled. This check-in will take place at the booked Serviced Apartment or at another location that has been agreed in advance, and will be handled by the respective selected Partner of the Serviced Apartment booked by the Client.

3.6 YOSAA assumes responsibility for providing services in accordance with these General Terms and Conditions and the Agreement, all in accordance with good practice standards in the relevant industry and with the help of at least reasonable efforts by YOSAA. YOSAA guarantees that it will exercise the degree of ability and care reasonably to be expected of a reputable, competent and reasonably experienced party engaged in such activities. YOSAA does not guarantee uninterrupted availability of its services. 

3.7 Except as expressly set out in these General Terms and Conditions and/or the Agreement, YOSAA makes no guarantee, express or implied, of any kind, including but not limited to any guarantee relating to the Serviced Apartment. The Client confirms that, in entering into the Agreement, he did not rely on any guarantees from YOSAA other than those expressly stated in these General Terms and Conditions and/or the Agreement.  

3.8 The Client and the Partner guarantee the accuracy, completeness and reliability of the information and documents made available to YOSAA, even if they belong to third parties, and declare that they are lawfully in their possession. 

4. Prices and agreements

4.1 All rates on the YOSAA website are ‘starting prices’ and apply per Serviced Apartment per night and are shown exclusive of VAT and any other applicable taxes (such taxes are subject to change) and other charges, unless otherwise stated on the website or in the confirmation email. Obvious mistakes and (printing) errors are not binding. YOSAA reserves the right to change the rates and/or charge a surcharge.

4.2 YOSAA’s booking service(s) is free of charge for the Client unless expressly agreed otherwise in writing. YOSAA will not charge the Client for its services or add additional (booking) fees to the (daily) rate. The Partner will pay YOSAA a fee for its services.

4.3 YOSAA will make a booking confirmation for each booking listing the rented property, rental period and price, among other things. The booking confirmation will inform the Client of the applicable price. This booking confirmation is binding. Any or alleged inaccuracies on the booking confirmation should always be reported to YOSAA in writing or by email, no later than ten (10) days after the date of the booking confirmation and before the start of the stay.

5. Cancellations, no-shows and interim changes 

5.1 By making a booking with YOSAA, the Client agrees to YOSAA’s relevant cancellation and no-show terms and conditions, and any additional terms and conditions, including terms and conditions of the Partner that may apply to the Client’s booking or the Client’s stay or the third party/parties previously designated by the Client, including the House Rules, if applicable. The Client or user can request a copy of the House Rules from the Partner at check-in. The cancellation and no-show conditions are available during the booking process. The Client should note that a fee may be charged for changing or cancelling the booking in accordance with the cancellation and no-show terms and conditions. YOSAA recommends that the Client carefully read the cancellation and no-show terms and conditions before making the booking.

6. Website and communications 

6.1 No rights can be derived from the use of the YOSAA website. By accessing the YOSAA website, viewing the pages, using it and/or making a booking, the Client acknowledges and agrees to have read, understood and agreed to these General Terms and Conditions (including the privacy statement).

6.2 It is expressly forbidden to reproduce or (re)publish (any part of) the website of www.yosaa.com or websites of parties affiliated with YOSAA or the information mentioned thereon without the prior written consent of YOSAA.

6.3 YOSAA makes every effort to provide complete and up-to-date information that it disseminates on the website. The information disclosed by YOSAA in providing its services on YOSAA is based on the information provided to YOSAA by the Partners. 

6.4 The parties agree that agreements reached via electronic data traffic shall be binding between the parties and that information transmitted via electronic data traffic shall have evidential value in any legal proceedings with respect to the agreements existing between the parties.

6.5 By completing a booking, the Client agrees that the Client will be sent an email and/or text message shortly before the arrival date with information about the booking. The Client authorises YOSAA to provide contact details to its Partners.

6.6 These pages, their content and infrastructure, and the online booking service of the website (the ‘Service’) are owned, operated and provided to the Client by YOSAA and are exclusively offered for the Client’s relevant personal and commercial use, on the terms set out below.

7. Liability

7.1 YOSAA’s obligation to deliver consists (only) of mediating services under the Agreement. YOSAA shall never be liable for any damage whatsoever suffered by the Client, user, occupant and/or third parties and/or the Partner or any shortcoming other than in relation to this mediation, unless the damage is the direct result of intent or gross negligence of YOSAA or third parties engaged by YOSAA. This exclusion of liability also applies in particular to direct and/or indirect (consequential) damage caused by automation problems. 

7.2 YOSAA is not liable for damage or loss of goods brought into the Serviced Apartment by the Client, user, occupant and/or third parties. The above provisions do not apply insofar as the damage or loss is due to intent or gross negligence of YOSAA or third parties engaged by YOSAA.

7.3 YOSAA shall never be liable for damage directly or indirectly, including but not limited to personal damage, to anyone or anything caused as a direct or indirect result of any defect or any quality or circumstance to, in or on any movable assets or real estate of which YOSAA is the holder, leaseholder, lessee, user or owner or which is otherwise at the disposal of YOSAA, except if and insofar as the damage is the direct result of intent or gross negligence of YOSAA or if YOSAA knew of the defect at the conclusion of the Agreement.

7.4 If YOSAA is held liable despite the provisions of this article, this liability shall in all cases be limited to (i) the amount paid out under the liability insurance taken out by YOSAA or (ii) the amount that would reasonably be paid out by an insurer with regard to the event in question if YOSAA had taken out insurance if and insofar as such insurance is customary in the industry or could have been taken out under reasonable terms and conditions. YOSAA’s liability in all cases on whatever grounds shall be limited to the amount received by YOSAA for the service. 

7.5 Subject to the limitations set out in these General Terms and Conditions and to the maximum extent permitted by law, YOSAA shall only be liable for direct damages actually incurred, paid or suffered by the Client due to a demonstrable failure of YOSAA to fulfil its obligations in relation to the services provided, up to an aggregate amount of the aggregate cost of the booking as set out in the booking confirmation (for a single occurrence or for a series of occurrences which are related to each other).

7.6 The Client, user, occupant and/or third parties accompanying them are jointly and severally liable for all damage that arose and/or will arise for YOSAA and/or any third party as a direct or indirect result of non-performance (attributable shortcoming) and/or wrongful act, including violation of house rules or instructions for use, committed by the Client, user, occupant or those accompanying them (not including: third parties engaged by YOSAA), as well as for all damage caused by any animal and/or any substance and/or any thing of which they are the owner or which are under their supervision. 

7.7 If there is a threat of immediate damage or there is a risk of expansion of existing damage, including damage or threat of damage to pipes, cables, pipes, drains, sewers, installations and equipment, the Client must immediately report this to the Partner, and the Client is obligated to immediately take appropriate measures to prevent and limit (further) damage in or to the Serviced Apartment. This applies in particular when damage has occurred or risks occurring due to a weather condition. If the Serviced Apartment is part of a collective building or complex of flats, these obligations also apply to the entire building or complex, more specifically to the common areas. Direct action by the Client is only required in these cases when it can reasonably be expected.

8. Force majeure

8.1 Force majeure is any shortcoming that cannot be attributed to YOSAA because its cause lies outside the actual power of YOSAA lies, including in particular: war, danger of war and riots, obstructive measures by both domestic and foreign governments, death of one or more members of the Royal Family, fire, strikes, failure of and damage to equipment and equipment control systems, Internet failures, floods, lockouts, sabotage and in general all unforeseen circumstances at home and/or abroad as a result of which the fulfilment of the Agreement can no longer reasonably be required of YOSAA.

9. Intellectual property rights

9.1 The software required for YOSAA’s services that is available on or used by YOSAA’s website and the intellectual property (including copyright) of the content and information and material on the website is the property of YOSAA, its suppliers and providers, unless otherwise stated.

9.2 YOSAA retains exclusive ownership of all rights, names and interests in and of (all intellectual property rights to) (the ‘look and feel’ [including infrastructure] of) the website on which the service is made available (including guest reviews and translated texts), and the Client and/or the Partner has no permission to copy, scrape, (hyper-/deep-) link, publish, promote, market, integrate, use or combine the content (including any translations thereof and guest reviews) or to otherwise use the brand of YOSAA without express written consent.

9.3 These General Terms and Conditions do not imply a transfer of any intellectual property rights. 

9.4 The Client and/or the Partner are expressly prohibited from making any intellectual property rights available to a third party, with or without the involvement of third parties, or to reproduce, disclose or utilise these intellectual property rights, unless prior written consent has been received from YOSAA. 

9.5 If a third party infringes on YOSAA’s intellectual property rights, the Client and/or Partner shall immediately notify YOSAA of this in writing. 

10. Privacy and cookies

10.1 YOSAA processes the personal data of the Client and, where applicable, the user designated by the Client, as a result of its service provision. YOSAA respects the privacy of the Client and the Client’s designated user. More on this can be found in YOSAA’s Privacy Policy and Cookies Policy.

10.2 The Client consents to YOSAA processing the personal data for these purposes. YOSAA respects the privacy of all its Clients and users and ensures that the personal information provided to it is kept confidential. It will make the personal data available to third parties only if strictly necessary for the performance of the Agreement and in accordance with applicable laws and regulations.

11. Prices and agreements

11.1 Unless otherwise agreed, the rental price of each Serviced Apartment includes:

• VAT according to the guidelines of the destination country’s VAT administration;

• Booking fee;

• Gas and electricity;

• Water use;

• Any additionally agreed services;

• Possible additional charges. 

11.2 All offers and quotations made by YOSAA regarding the conclusion of an agreement are without obligation and subject to the ‘based on availability’ booking. If YOSAA invokes said booking within a reasonable period to be determined according to the circumstances after acceptance by the Client, the intended Agreement shall be deemed not to have been concluded.

11.3 No rights may be derived in any way from quotations and offers without a predetermined, written acceptance period.

11.4 YOSAA may refuse to conclude an Agreement at any time for any reason.

11.5 Agreements entered into by intermediaries (companies, organisations, relocators, brokers, etc.), whether or not in the name of their business relation(s), shall be deemed to have been concluded partly for the account and risk of these intermediaries, unless expressly agreed otherwise in writing. 

11.6 YOSAA does not owe any commission or fee, under whatever name, to intermediaries, unless expressly agreed otherwise in writing. A composite offer for multiple Serviced Apartments does not obligate YOSAA to carry out part of the order at a corresponding part of the quoted price.

12. Deposit, payment and collection

12.1 Payment must always be made within thirty (30) days of the invoice date, but no later than the commencement date of the Agreement or offered service, without any discount, deduction or set-off, in a manner to be indicated by YOSAA in the currency in which the invoice was issued, unless otherwise indicated in writing by YOSAA. YOSAA is entitled to invoice periodically.

12.2 All invoices, including but not limited to invoices relating to cancellations, no-shows, or damage to the Serviced Apartment, are due by the Client at the time they are presented to them. 

12.3 If and insofar as timely payment is overdue, the Client shall be in default, without any notice of default being required. If the Client is in default, they must reimburse YOSAA for all collection costs, both judicial and extrajudicial, without prejudice to YOSAA’s right to fulfilment, dissolution and/or full compensation for damages based on the law.

12.4 If timely (interim) payment by the Client is not made, YOSAA is entitled to immediately (prematurely) terminate the Agreement or offered service without the right to compensation or refund.

12.5 YOSAA and/or the Partner may at any time require the Client to provide a security deposit or guarantee by means of credit card authorisation in the amount of up to two months of the agreed rent, unless otherwise agreed in writing. Received security deposits or credit card guarantees will be properly administered. No interest will be charged on the outstanding amount of the security deposit. 

12.6 YOSAA may recover all that which the Client owes for any reason whatsoever from the amount deposited pursuant to the foregoing provisions. The surplus must be paid back to the Client no later than 2 months after the Serviced Apartment has been delivered. 

13. Applicable law and disputes

13.1 All legal relationships to which YOSAA is a party shall be governed exclusively by Dutch law, even if an obligation is wholly or partly performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.

13.2 The court in YOSAA’s domicile shall have exclusive jurisdiction over any disputes, unless the law imperatively prescribes otherwise. Nevertheless, YOSAA BV has the right to submit the dispute to the court with jurisdiction according to the law. The parties will only appeal to the courts after making every effort to settle a dispute by mutual agreement.

14. General

14.1 The original Dutch version of these General Terms and Conditions has been translated into English. This is a service; the translated version is not official. In the event of a dispute or discrepancy between the Dutch version and a translation thereof, the Dutch version shall prevail as the final version to the highest extent permitted by law. The Client cannot derive any rights from the translated version. The Dutch and English versions of the General Terms and Conditions are available on our website. 

14.2 If any article in these General Terms and Conditions or any part of the Agreement should at any time be or become null and void, the General Terms and Conditions of the Agreement shall remain in force for the remainder. The parties will then make an arrangement for the null or voided passage that most closely approximates the parties’ intentions with respect to the Agreement and these General Terms and Conditions.

14.3 These General Terms and Conditions have been filed with the Amsterdam Chamber of Commerce under number [63746751]. The last filed version or the version valid at the time the legal relationship with YOSAA was established shall always apply.

Section II. Additional provisions for rentals 

15. Extensions, cancellations, no-shows and interim cancellations 

15.1 Cancellations of confirmed services to be offered must be made at least seven (7) days prior to the commencement date of the rented or offered service to avoid cancellation fees. The cancellation fee for stays shorter than one (1) month and which are cancelled less than seven (7) days before the start date is seven (7) nights’ rent. The cancellation fee for periods starting from one (1) month and which are cancelled less than seven (7) days before commencement date is a maximum of fourteen (14) nights’ rent. 

15.2 In case of a no-show, the renter is obligated to pay a maximum of seven (7) nights if the agreed rental period is less than one (1) month and a maximum of fourteen (14) nights for an agreed rental period of longer than one (1) month. Unless otherwise agreed, YOSAA is entitled to consider the Agreement or offered service as expired in case of a no-show or if the rented property it taken into use on the first day, without prejudice to the provisions of this article. 

15.3 A notice period of 7 nights for bookings shorter than three months and 14 nights for bookings longer than 3 months applies to interim cancellations of the rented property. Notice of cancellation should always be given by email, whereby notice of cancellation after regular business hours (Monday to Friday between 9:00 a.m. and 6:00 p.m.) is deemed to have been given on the next business day.

If a rental period is shortened by the Client without a previously agreed reason, YOSAA will be entitled to charge the Client for the entire remaining (rental) period, unless otherwise agreed in writing.

15.4 Extensions or options to extend a previously agreed (rental) period must be requested in writing or by email. Extensions are valid only if confirmed by YOSAA in writing or by email. Extensions are subject to availability. Different arrangements may apply in some cases. The Client is aware of this and agrees that no rights can be derived from a requested extension. 

16. Terms of use

16.1 The Serviced Apartment as described in the booking confirmation can only be used for the specific, agreed (short) period. If the Client, or the user previously designated by the Client, uses or will use the Serviced Apartment as a (temporary) principal residence, as a result of which the rental of the property is no longer subject to sales tax, the Client will owe YOSAA, in addition to the rental price, such a separate fee instead of the sales tax, from the date on which the VAT-taxed rental ends, so that the Client is fully compensated for the no longer deductible sales tax on the investments and operating costs and all other damage that YOSAA may suffer as a result.

16.2 The Client must – for the entire duration – actually use the Serviced Apartment properly, or have it used properly, exclusively in accordance with its designated purpose and with due observance of existing limited rights and the requirements set or to be set by the government, fire brigade and utility companies regarding the use of the Serviced Apartment. The Client or the user shall behave in accordance with the verbal and written instructions given by or on behalf of YOSAA in the interest of the proper use of the Serviced Apartment and of the spaces, installations and facilities of the building or complex of which the Serviced Apartment forms part. If the building or complex of which the Serviced Apartment forms part is or will be divided into apartment rights, the Client or the user is obligated to observe the rules regarding use stemming from the deed of division, articles of association or regulations.

16.3 Without YOSAA’s prior written consent, the Client is not authorised to cede and/or sublet the Serviced Apartment in part or in its entirety to third parties except for to the user named by the Client at the time of booking. Consent given by or on behalf of YOSAA is a one-off consent and does not apply to other or subsequent cases.

16.4 The Client is not allowed:

 - to keep animals in or near the Serviced Apartment that cause a nuisance;

- to dispose of combustion gases by means other than through existing flue pipes or use air vents for this purpose;

- to engage in and/or permit prostitution activities in or near the Serviced Apartment; 

- to grow hemp or similar crops in the Serviced Apartment or to possess and/or sell narcotics in the Serviced Apartment or engage in any other activity punishable under the Opium Act. Violating this prohibition is so serious as to justify the dissolution of the Agreement in the shortest possible time.

16.5 The Client or the user shall not cause nuisance or trouble to local residents and shall ensure that third parties present on their premises with their consent as well as their visitors do not do so either. 

16.6 The Client or the user shall behave in such a way and use and maintain the Serviced Apartment as befits a good occupant.

16.7 In order to make the stay in the Serviced Apartment as pleasant as possible for everyone, the user must comply with the (behavioural) rules established for the Serviced Apartment, as laid down in the House Rules. A copy of the House Rules will be made available to the Client at the start of the Agreement and can be requested by the Client or the user from the Partner at check-in. If the Client so wishes, the House Rules can be sent to the Client without delay, upon request, free of charge. Violation of the House Rules may result in removal from the Serviced Apartment without refund of the rent or any part thereof.

16.8 The Agreement is a rental agreement which by its nature is only of short duration within the meaning of Article 7:232(2) of the Dutch Civil Code. The Client is expressly aware that they are not entitled to invoke the statutory rent protection provisions.

16.9 The agreement entered into with YOSAA shall terminate by operation of law on the date agreed and specified in the Agreement, without prior notice being required.

16.10 After signing such an Agreement or (written) booking confirmation of a service offered by YOSAA, the Client is aware and thereby automatically agrees that they must deliver and/or return the Serviced Apartment on the agreed date in the same condition in which it was found at the start of the Agreement. The condition of the Serviced Apartment at the start of the Agreement shall be documented in an inspection report to be dated and drawn up by both parties. Should there be any defect at the start of the Agreement, this will be mentioned in the inspection report. 

16.11 At the end of the Agreement, the Client shall return the Serviced Apartment to YOSAA or to a third party designated by YOSAA in the same condition as described at the start of the Agreement, barring normal wear and tear and ageing. Furthermore, the Serviced Apartment shall be delivered completely vacated, free of use and user rights, properly cleaned and under surrender of all keys to YOSAA or to a third party designated by YOSAA.

16.12 For the time involved in carrying out the maintenance work, in order to bring the Serviced Apartment into the right condition, counting from the date of the end of the Agreement, the Client shall owe YOSAA an amount calculated on the basis of the last applicable rent and compensation due to additional supplies and services, without prejudice to YOSAA’s claims to compensation for further damage and costs.

16.13 The Client is not allowed to change or add anything to the interior or appearance of the Serviced Apartment without YOSAA’s prior consent. Changes include making holes in floors, ceilings or facades. This is partly in view of the temporary use/character of the Serviced Apartment.

16.14 If one of the parties fails to comply with its obligations under the Agreement and this non-compliance justifies dissolution, the parties shall be entitled to dissolve the Agreement with immediate effect without any obligation to pay any damages or compensation. In doing so, the Client automatically undertakes to deliver, return and vacate the Serviced Apartment with immediate effect. In case of dissolution, of (application for) suspension of payment or bankruptcy, of foreclosure – if and insofar as the foreclosure has not been lifted within three months – at the expense of one of the parties, of debt rescheduling or any other circumstance as a result of which the parties can no longer dispose freely of their assets, the other party is free to end, terminate or cancel the Agreement or offered service with immediate effect, without any obligation to pay damages or compensation.

16.15 The Client shall be responsible for any additional costs (taxes, surcharges, etc.) that may result from the Client registering with the Municipal Personal Records Database at the address of the rented property.

16.16 The Client may be liable to pay tourist tax for every booking and Agreement. The Client must pay this tourist tax to YOSAA. The Partner then will remit this amount to the relevant municipality in which the Serviced Apartment is located. The Client is not liable for tourist tax if they are a resident of the relevant municipality in which they rent a Serviced Apartment. In that case, the Client must send YOSAA proof of registration in the relevant municipality no later than before check-out. The Client should do so as soon as possible, if possible at the time of booking. YOSAA and/or the Partner shall never be liable to the Client for damage incurred by the Client in connection with wrongly charged tourist tax. Avoiding paying tourist tax is the sole responsibility of the Client. 

16.17 Requests by the Client regarding the refund of certain expenses, including tourist tax and/or cleaning fees, must be submitted in writing by the Client to YOSAA at all times. 

17. Personal data processing

17.1 YOSAA collects and processes information about the Client (personal data) in connection with managing YOSAA’s relationship with the Client and the performance of the Agreement. The Client consents to YOSAA processing the personal data for those purposes. The Client also consents to YOSAA disclosing personal data to the Partner or to third parties if this is necessary in the context of the aforementioned purposes. In connection with the provisions of this article, the Client shall indemnify YOSAA and hold YOSAA harmless with regard to claims by third parties (including any claims by the aforementioned officers, employees, business relations or representatives and/or regulators and authorities).