GENERAL LEASE TERMS AND CONDITIONS HOLIDAY ACCOMMODATION VILLA LOTHLORIEN, LORIEN 1 AND LORIEN 2 IN THEOULE SUR MER Version 1.0 d.d. 20th of June 2011

Important contact details:

Holiday accommodation: The villa Lothlorien, the holiday house Lorien 1 (with terrace) or holiday house Lorien 2 (with garden) which are offered to be rented as holiday accommodation by the landlord. Stay: The actual use of a holiday accommodation. Residence Ticket: Voucher sent by the landlord.

Manager

Applicable terms and conditions

Owner:

These general terms and conditions are applicable to all requests and confirmations on reservations, on offers and quotations, contracts with and supplies and services of the landlord. Deviating terms, agreements or arrangements apply only if and insofar as they are confirmed in writing by the Landlord. Verbal agreements and / or promises of employees of the landlord are valid only if confirmed in writing by authorized employees of the Landlord.

Second Home: Mr. Jeroen Pranger. First contact in case of any issues when on location during the stay. Phonenumber: +33 6 15969677 E-mail: [email protected]

Fam. Van Thiel, the landlord, reachable only in special emergency situations at +31 6 53 11 13 93, +31 6 2155 0003 or in France at +33 493 93 03 90.

Landlord

Van Thiel Real Estate BV, Wijchen Spoorstraat 61a, Phone number: +31 24 6424444, Fax: +31 24 6451111, E-mail: [email protected]

These terms apply only to legal relationships between the landlord and consumers and not to legal relationships between the landlord and companies, respectively persons acting in the exercise of their profession.

Glossary

Quotations, prices and rates

In these general terms and conditions the landlord is defined as: Van Thiel Real Estate Company BV, Wijchen Spoorstraat 61a, Phone number: +31 24 6424444, Fax: +31 24 6451111, E-mail: [email protected] (Main) Tenant: A (natural) individual/ person who is renting or wants to rent a holiday accommodation out of the range of holiday houses the landlord is providing. Co-tenant: Person who stays in the holiday accommodation together with (main) tenant. Manager: Person who takes care of the management duties concerning letting a holiday accommodation, on behalf of the owner. Consumer: A (natural) individual/ person who rents a holiday accommodation, who is not acting in the exercise of his profession or business. Third: Every other (natural) person other than the landlord (or his representative) and the tenant. Owner: The legal owner of a holiday accommodation (or his representative), who has offered the holiday house for rent to the landlord. Offer: An offer as provided under the Civil Code according to Dutch law. Cancellation: Revoking or cancelling the booking of a holiday accommodation. Booking: A reservation of one, or multiple, of the holiday accommodation(s) accepted by the landlord. Dissolution: In a legal manner "undo" the rental agreement for failure to fulfill obligations under the lease agreement.

Quotations made by the Landlord are always nonbinding and are subject to interim changes. All entries on the website of the landlord be deemed to have been provided in good faith and can still be subject to interim adjustments. The landlord is not bound to obvious errors and omissions on its website. The Landlord assumes no responsibility for general information on the website and information contained therein which has been prepared under the responsibility of third parties. The tenant declares to have read the description by the landlord of the holiday accommodation on the website and the tenant declares not to need any further description of the holiday accommodation. Prices are always (if applicable) including VAT and the cost of damage insurance but excluding costs of cancellation insurance or travel insurance and any other costs. Energy costs are included in the lease between May 1 and October 31 (medium and high season) with a (in the opinion of the Landlord) normal use of the accommodation facilities. With excessive use, and in winter, the energy costs are charged separately based on consumption by the electricity meter installed at a price per KWH as stated in the pricelist. Cleaning costs in relation to the final cleaning are required however not included in the rent. The cleaning costs are limited to a fixed amount mentioned in and according to the price list, provided that the rented holiday accommodation is transferred in reasonable condition and with the requirement that at least plates, cutlery and other kitchen utensils and appliances are clean, washed and stored in their original place, meaning where they were when the renter first arrived in the holiday accommodation. Failure of transferring the holiday accommodation in reasonably clean condi-

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tions will result in additional cleaning costs. Additional cleaning costs will be estimated, by the landlord or the manager, based on the hours needed for additional cleaning multiplied by an hourly wage for cleaning as stated in the price list. With the manager an interim cleaning can be arranged during the stay, for which a fare will be charged as stated in the price list. This price stated in the price list for interim cleaning only applies if the holiday accommodation is not excessively filthy.

cellation until 42 days before the first day of the confirmed stay: 30% of the rent b. cancellation between 42 days and 28 days before the first day of the confirmed stay: 60% of the rent; c. cancellation from 28 days before the stay to the first day of the confirmed stay: 90% of the rent; d. Cancellation on the first day of the confirmed stay or later, the full rent. The date of the postmark or the date of the relevant e-mail message determines when the cancellation has taken place.

For each tenant and co-tenant staying in the holiday accommodation it is compulsory to rent a linen package, at the rates stated in the price list. The rent of the linen package is not included in the rent price of the holiday accommodation. The linen package includes: bed linen (flat sheet, fitted sheet and a pillowcase) as well as a swimming towel and a shower towel per (co-) tenant. As well as per group of tenants a few kitchen towels, a few kitchen cloth, a toilet towel and a bath mat on the bathroom floor.

A cancellation of a booking by the (Main) tenant will also cancel the booking for all co-tenants included in the booking.

Local fees imposed by the government or imposed due to government regulations are included in the rent. Mentioning of prices and tariffs occur under reservation of obvious errors and omissions.

Formation and content of the agreement An agreement between the landlord and the tenant shall be concluded by a confirmation e-mail sent by the landlord, after a telephonic, written or electronic (internet / e-mail) booking of a holiday accommodation has been made from the current available holiday accommodations of the landlord and the subsequent down payment of the rent. After finalizing the reservation by the down payment, the tenant receives an e-mail confirmation of the booking that serves as proof of the agreement. The tenant has to make sure to be able to submit this document when asked for by landlord or the manager, so please maintain the confirmation email in an accessible place, until after the full stay. The booking confirmation and rental agreement sent by the landlord shall contain all relevant information for the stay in the booked holiday accommodation. In the interest of a good and valid booking without mistakes and to avoid misunderstandings, after receiving the booking confirmation or rental agreement the tenant has to immediately check the correctness and completeness of the information in the booking confirmation and rental agreement to monitor any omissions or inaccuracies and report such inaccuracies or omissions within 7 days after receiving the booking confirmation or lease, to the landlord. If no inaccuracies or omissions are reported within the prescribed term of 7 days after receiving the confirmation are made, the tenant is not entitled to appeal to the omissions or inaccuracies within the booking confirmation or the rental agreement.

The tenant may, when cancelling, consult with the landlord to appoint a third who will use the rented holiday accommodation instead of the tenant. The landlord can only comply to such change on reasonable grounds. It is strongly recommended that the tenant purchases a cancellation insurance for the stay at the holiday accommodation from an insurance company. When the landlord makes a cancellation, the tenant shall receive an amendment in the form of an alternative offer within 48 hours (2 business days) after the significant circumstances have occurred. This obligation expires if the origin and cause of the cancellation or change are the responsibility of the tenant.

Payment Payment of the rent from the Netherlands must be made to: Account: 48.58.54.783 Name: Van Thiel Bedrijfsmakelaardij BV Street: Spoorstraat 61 Postal code: 6602 AX Place: Wijchen Country: the Netherlands IBAN: NL57ABNA0485854783 BIC: ABNANLZA Bank Name: Bank address: Postal code: City: Tel. nr.:

ABN AMRO Kasteellaan 30 6602 DE Wijchen +31 102 411720

In France, payment of the rent must be made to account 30004 01738 00000717963 at BNP in Cannes in the name of Van Thiel. Payment of the full rent and agreed additional costs must be settled six weeks before the first day of the stay in the booked holiday accommodation. Payment should made in two terms: a. 30% of the rent must be paid within 7 days after booking b. 70% of the rent shall be paid 6 weeks before the first day of the stay in the holiday accommodation.

Cancellation and changes

Excluded of the above described payment conditions are late bookings, bookings within 6 weeks before the first day of the stay in the holiday accommodation. Bookings made within 6 weeks before the first day of the stay in the holiday accommodation shall be paid in full within three days after the booking has taken place.

Tenant is entitled to a written cancellation against payment of the following cancellation fees: a. can-

The tenant can make the payment(s) by written or electronic transfer of the sum due, by check (for

The landlord has at all times the right to withdraw a booking without giving any reason or explanation.

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Tenants with a French bank account) or cash. When paying by giro or bank the date the amount is credited on the account of the landlord is taking into account as the date of payment. When requested by the landlord the tenant should be able to submit a proof of payment to the landlord. The landlord is not required to in advance make the tenant aware that a payment term is going to expire or to send account summaries, unless expressly agreed otherwise and stipulated in the agreement. The tenant never has the right to suspend the payment. After the expiry of the payment terms, the tenant is omitted. If the holiday accommodation has not already been rented to third, the tenant can raise the omission by paying the full rent to the landlord within 3 days after entering the omission. Failure to make the payment or failure to make the payment on time considering the payment terms and conditions as stipulated in these terms and conditions will make the tenant accountable for all court costs and execution costs, as well as for the extrajudicial collection costs. The extrajudicial collection costs will amount to at least fifteen percent of the invoice amount with a minimum of Euro 200. The landlord has the continuous right to request the security of payment before as well as after the completion of the rent agreement. The same applies under suspension of the execution of the rental agreement until the security stands; if the right of landlord is not applied to, the landlord still has the right of claims based on damage and/or complete or partial cancellation, without judicial intermediary and without claiming for any indemnification from the landlord.

Security Deposit The Tenant needs to pay a deposit for the stay in the holiday house on the spot, failing in nonpayment thereof the rental on the commencing date will be considered as dissolved! The deposit needs to be received on arrival at the accommodation address to the landlord or the manager of the holiday accommodation, unless the rental agreement is stipulated differently on the residence ticket (voucher). After the end of stay in the holiday accommodation the additional costs such as contingent service and cleaning costs are settled and observed damages or loss of things present in or to the holiday accommodation is settled with the deposit and the remainder of the deposit is repaid to the tenant. The remainder of the deposit will be paid to the tenant in cash or after consultation between the landlord or manager and the tenant by bank transfer. If the remainder of the deposit is agreed to be paid by bank transfer, the tenant needs to provide the landlord or the manager with his/her full address and bank account details.

Tenant Laws and Obligations at the place of the holiday accommodation

With regard to the situation at the holiday accommodation, the local right of application beside these conditions and the rental agreement still applies. These conditions and rental agreement prevail in so far that the law has not stipulated otherwise. The tenant will provide the expected time of arrival within the reservation form when making the booking (on Saturdays arrival is possible from 16:00). In the week before the start of the stay in the holiday accommodation, the tenant has to contact the manager, whit whom a specific appointment will be made for the arrival at the holiday accommodation. It can also be arranged that the manager will meet the tenant at a certain time in the heart of the village Théoule sur Mer and that the Manager will drive in front of the tenant to the holiday accommodation. The tenant should (with an interval of 10 minutes before and 10 minutes after the appointed time) respect the agreed appointment time. The tenant should make the manager immediately aware of any delay, so a new appointment can be made. This is very important since on Saturday afternoon many holiday accommodations change residents and the manager only has limited time available. Unless otherwise stipulated in the rental agreement or the residence ticket (voucher) the tenant is required to vacate the holiday accommodation at the time stipulated on the rental agreement. The landlord is never responsible for the consequences of a departure after the stipulated time. On departure later than the stipulated time on the residence ticket (voucher), the tenant is required to pay an additional amount per day. The tenant will be liable for any costs and/or damages that occur by not vacating the holiday accommodation on time, due to which, but not only, the next tenant can not take residence in the rented holiday accommodation on the agreed time. Such as, but not only, costs for a hotel and other staying costs that have to be made because of not being able to make use of the rented holiday accommodation. It is important that the tenant conducts him/herself as a good tenant and uses the holiday house in accordance to the user instructions given by the landlord or the manager. The tenant and his/her co-tenants are lawfully responsible for any damages to or in the holiday accommodation. In such a case, any damages need to be reported by the tenant directly to the manager. Reparation or replacement costs needs to refund immediately by the tenant directly to the manager upon first request. On departure, the tenant needs to leave the holiday house in a good state – meaning: leave the house cleanly swept. The things present inside the holiday house need to be left in their original place (as on arrival). Dinner sets needs to be washed and packed away in their original place. The landlord / manager will observe whether (several) things have not been placed in their original place or if the holiday house has been cleanly swept, if not, the landlord / manager is entitled to charge the tenant extra (cleaning) costs. The Tenant needs to use linen on the beds and is not allowed to use the beds without sheets.

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Termination of the rental agreement The landlord / manager is authorized to cancel the rental agreement with immediate effect: a. if, in case of notice of default, and neglect of the fulfilment of important issues, which have to be applied to, stated in the rental agreement and/or these conditions; b. In case the tenant has been summoned to this, not acting as a good tenant, in particular if the tenant, in spite of warnings from the landlord or the manager, caused serious damage or annoyance to his/her accommodation surroundings.

Complaints The landlord can be hold accountable for the accuracy of the description of the holiday accommodation, except that a deviation of 15% of the reported floor space and reported distances is considered acceptable. The description and impressions of the holiday accommodation and its immediate environment, including facilities, equipment and recreation options can differ slightly, by their nature or due to seasonal or interim changes, from the description on the website of the landlord. The tenant is continuously entitled to submit his/her grievances by means of a complaint to the manager. The manager needs to handle a complaint adequately and with capable speed, thus handling the complaint with criterion of reasonableness and fairness. The tenant serves a complaint, originating on arrival at the holiday accommodation address or during the stay, at the latest within 24 hours to the manager. The manager will endeavour to solve the complaint immediately on the spot. In case the manager cannot solve the noted complaint on the spot, the tenant needs to report the complaint by phone to the landlord within 48 hours. The landlord will attempt to allow the complaint te be resolved immediately on the spot. The notification of a complaint to the landlord can be made during business hours on the telephone number of the landlord: 0031 24 64 24 444, outside business hours, only in urgent cases, the phone number 0031 653 11 13 93 may be used. The tenant should always allow the landlord to offer an appropriate solution to the complaint during the stay. An early departure or taking residence by the tenant in another accommodation than the holiday accommodation offered by the landlord without consent of the landlord, will exempt the landlord from any obligation for compensation. If a complaint can not be resolved on the spot to the satisfaction of the tenant, after consultation with the manager and the landlord. The Tenant should submit a written complaint to the landlord within 30 days. The landlord will process the complaint within 30 days of receipt and, if the complaint proves to be justified, offer an appropriate solution, according to the seriousness of the complaint.

Force Majeure In the case of force majeure, both of a permanent and temporary nature, the landlord is authorized to suspend the agreement completely or partially or to suspend it temporary without the tenant having

to claim on performance and/or indemnification. The following can be understood under force majeure but not exclusively: war, revolt, risk of war, insurrection, strikes, boycotts, disruptions in traffic or transport, disruptions to the supply of electricity and/or water, measures of the authorities, scarcity of raw materials, natural calamities, and further other circumstances, extraordinary weather conditions, death of the owner/landlord/manager, unannounced and unexpected sale of the holiday accommodation in which complete or partial compliance with the agreement cannot be demanded to reasonableness and fairness from the landlord. In case the force majeure occurs while the tenant only has made partial use of the holiday accommodation according to the conditions and the rental agreement, the lease should be considered dissolved for the already utilized time as well.

Liability The landlord cannot be held liable for any suffered damage by the tenant or third party due to stay in the holiday accommodation, the tenant indemnifies the landlord against liabilities in these circumstances. In particular the landlord is not responsible for interferences in and around the holiday house as but not excluding, interruptions and failure of current- and water supplies and technical installation, not or untimely announced building activities and changes to entrances – or main roads. The landlord can only be held liable for damage caused by the gross fault or the negligence of the landlord. Notwithstanding the preceding paragraphs, the liability of the landlord, if and insofar as the landlord from any matter under the lease is held legally liable, will be limited to direct damages and any form of consequential damages are excluded of the liability of the landlord. The liability of the landlord is further always limited to the maximum amount that the insurer of the landlord will pay.

Privacy

The Landlord will handle all information and personal given by the tenant or known personally always treated in accordance with the Data Protection Act under Dutch law (Wet Bescherming Persoonsgegevens) and not share these with any third party, other than the persons involved in the rental e.g. manager, owner etc.

Final Determination

As far as by means of rules of private international law not otherwise declared, only Dutch law is applicable to these terms and conditions. All disputes arising from the rental agreement or these conditions will be settled in the first instance by the competent court in the Netherlands, unless the rules of private international law provide otherwise. Neither party may assign its rights and obligations to third parties when not otherwise declared in these conditions. If and insofar as any provision in the rental agreement and these terms and conditions are proven void if it appears, the remaining parts of the rental agreement and the other terms and conditions stay

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in position and the insignificant article thus deemed to have been converted so that it is in accordance with the obvious intentions of the parties. Wijchen / Théoule sur Mer, June 20th, 2011

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