Conditions de location pour les hôtes

Rental conditions

Approved version 7.0 - May 2024

Introduction

These terms and conditions apply to all services offered to you as a host by Landfolk A/S, CVR 42074640, Bülowsgade 68, st., 8000 Aarhus C (“Landfolk”, ”us”, “we” or “our”) when you use our platform (“Platform”) for the provision of holiday home rental services. When you create a user profile as a host on our Platform and when you approve a booking request, you also accept these terms and conditions.

We have tried to communicate our terms as clearly as possible below. Should you have any questions, please do not hesitate to reach out to us at support@landfolk.com.

We also recommend that you familiarise yourself with current Danish legislation regarding letting out holiday homes.

1) Intermediation

Our mission is to create a Platform that makes private letting of holiday homes easy and transparent for both guests and hosts. By virtue of its Platform, Landfolk is responsible for the intermediation work related to letting out holiday homes on behalf of hosts at their expense and risk. Therefore, when a guest books your holiday home on our Platform, an agreement is entered into between you and the guest for the chosen period and on the terms set out in the listing on the Platform, in addition to the rights and obligations between you and the guest arising from these terms.

Therefore, we accept no responsibility for, and will not become involved in, any disputes between you and the guest; nor will we be responsible for your or the guest's compliance with the law in force.

2) Collaboration Agreement

When you agree to Landfolk intermediating your holiday home on the Platform, you enter into a collaboration agreement as a result, which obliges in various ways to make the collaboration a success for both parties.

Landfolk commits to:

• promoting your holiday home on the Platform to a relevant target audience and in line with Landfolk's brand
• continuously improving the Platform and adding more features and tools for you as a host
• providing insight into, among other things, how many potential guests are looking at your holiday home, which dates are being searched for and pricing
• offering personal advice and sparring in connection with rentals on the Platform.

As a host with Landfolk, you commit to:

• regularly updating your calendar, so it reflects when your holiday home is available and can be booked
• pricing your holiday home so that it's relevant in the market across different seasons, and regularly adjusting the price
• responding to booking enquiries and messages as swiftly as possible, and at least within 24 hours.

The better these three points are fulfilled, the better the Platform will rank your holiday home, thereby increasing the chance of bookings. Ultimately, neglecting the three points above may result in Landfolk closing the calendar of your holiday home until the collaboration agreement is fulfilled again.

3) Condition and facilities of the holiday home

Before any let-out, you are obliged to ensure that the holiday home is cleaned and ready to be taken over by a new guest. The holiday home must match the description and the pictures provided on the listing on the Platform.

The holiday home must - unless otherwise stated in the listing - be equipped with the following:

• stove, coffee maker, cutlery, and kitchen utensils at a minimum for the number of persons allowed
• basic items that the guest is allowed to use, such as salt and pepper, spices, oil, washing-up liquid or tabs (if the holiday home has a dishwasher), garbage bags, hand soap, basic cleaning products, and toilet paper
• if the holiday home has a wood-burning stove, make sure that the holiday home has wood and lighter fluid or briquettes to light it at least once, so that the guest can get a good start to their stay
• toilet, cold and hot water, hand shower, or shower cubicle
• vacuum cleaner
• heating sources such as radiators or heat pump
• beds, duvets, and pillows
• waste container or similar. Although these are emptied frequently, the waste container cannot be expected to be empty on arrival.

Additionally, Landfolk recommends that hosts provide safety equipment such as smoke alarms, fire extinguishers, and first aid kits during the rental of the holiday home.

If there are major renovations in progress, construction noise or the like causing a noise nuisance, it is your responsibility as the host to communicate this to guests around the time of booking so that they have the opportunity to consider whether it will change their decision about where to go on holiday.

Key handover

You are generally responsible for handing over the key to the guest unless an agreement on cleaning and preparation of the holiday home has been made with Landfolk: see section 4b.

If it is not possible for the guest to enter the house due to a missing or incorrect key and it is not possible to reach you, Landfolk reserves the right to call a locksmith. The cost of this is deducted from the income.

Charging an electric car

If you have installed an electric car charging station, you can allow the guest to use it. Electric car charging is not included in the holiday home rent (see section 6) and is therefore settled directly with the guest. If the guest wishes to use the charging station, they must agree to this with you before arrival.

If there is no charging station installed, the guest is not allowed to charge an electric car in the holiday home for safety reasons.

Snow removal

The platform is not responsible for any snow removal associated with arrival at the holiday home. The host is obliged to inform and provide the guest with snow removal equipment.

Tollbooths

The host is obliged to inform the guest of any tollbooths that give access to the rented holiday home.

4) Cleaning of the holiday home

At Landfolk, the preparation and final cleaning of the holiday home must be included in the rental price shown to guests on the Platform. As a host, you are responsible for making sure the holiday home is ready for the arrival of new guests and for cleaning the holiday home after the end of each rental agreement (see our guide to cleaning here). You set the price of the final cleaning and, therefore, the amount to be paid by the guest. This amount will be included in the rental price shown. The total amount for cleaning and rent, minus the Landfolk fee (see section 6), is due to you as the host.

Landfolk offers cleaning services in selected areas, thereby making it possible for hosts to enter into an agreement with Landfolk. This ensures that Landfolk takes care of cleaning the holiday home after the conclusion of each rental agreement. Landfolk sets the price for this service and thus the amount to be paid by the guest. This amount will be included in the displayed rental price and will be paid to Landfolk. Please refer to the cleaning guide that sets the standard for Landfolk's cleaning. You can order the cleaning service through My Landfolk or contact Landfolk if you wish to make use of the service.

At the end of the rental agreement, guests are obliged to leave a neat and tidy holiday home, and among other things, guests must:

• do the dishes
• empty the dishwasher and the fridge
• remove hair and other evidence of pets
• remove ashes from the stove
• ready beds
• tidy up cupboards
• empty the rubbish bin and toilet bucket, and dispose of empty bottles/cans/glasses
• clean garden furniture put it in place, and take in cushions
• clean the grill
• arrange for general clean-up and placement of inventory as it was upon arrival.

In the event that there is no new booking with check-in on the same day, Landfolk reserves the right to postpone the cleaning until the check-in time the following day. This change will be evident no later than 24 hours before the original cleaning time.

Your option to cancel the final cleaning provided it is facilitated through Landfolk's partner, expires 7 days before the service is due to occur. If the cancellation is not made in time, you as the host are liable for the associated costs.

When your holiday home is cleaned by Landfolk's partner, guests cannot access your holiday home outside of the departure time specified at the time of booking on the day of departure.

As a host at Landfolk, it's your responsibility to prepare the pool, jacuzzi, sauna, wilderness baths, etc. for the guests' arrival. By default, it's also the host who handles their cleaning after the stay. The price for these services is determined by the host and is included in the total rental income.

You can add a description about the extra costs of the above services, and whether these facilities can only be used in specific periods or seasons, to your Landfolk profile. If there are additional costs associated with using the facilities, you're required to coordinate with the guests whether they wish to add those to the booking before the booking is confirmed.

5) Insurance

As a host, you are required to ensure that the holiday home is covered by appropriate insurance from a recognised insurance company, including holiday home insurance, including glass/sanitary fixtures, fire and movable property insurance.

Current insurance for Danish and Norwegian hosts:

It is a prerequisite that you, as the host, have taken out a general holiday home insurance policy for the holiday home and its contents, which covers at least fire, water, and burglary.

All rentals booked through Landfolk are, in addition to the host’s usual holiday home insurance, also covered by an AllRisk insurance policy provided by Gjensidige, which is a supplementary insurance that provides extra security for both hosts and guests.

The AllRisk insurance covers sudden property damages such as:

• vandalism caused by the guest
• damage where the guest accidentally damages items/movables and/or building parts.
• damage where pets accidentally damage items/movables and/or building parts.
• loss of rental income if unforeseen damage (e.g., fire, water damage, etc.) prevents rental for confirmed bookings.

There will be an excess of DKK 1,000 per claim, which Landfolk will charge the guest.

You can find the Danish insurance conditions here.

You can find the Norwegian insurance conditions here.

You can find the Swedish insurance conditions here.

6) Terms of payment and fixing of rental prices

As a host, you are responsible for setting your rental price (including price per night, final cleaning if you've chosen to handle this yourself, as well as the guest's consumption of water, heat and electricity).

Every rental through the Platform is subject to a service fee, which goes to Landfolk. As a host, you pay a host fee to Landfolk for each rental via the Platform, which is 5% of the rental price. This host fee is subject to VAT and is deducted automatically before the payout to you as a host. There are no other fees that you as a host need to pay to use the Platform. As a host, you commit to being familiar with the VAT rate that applies in the country where the holiday home is located.

When you confirm the guest's booking of your holiday home, a binding agreement has been concluded for the rental of your holiday home, and Landfolk will immediately thereafter collect payment for the rental via the payment method chosen by the guest. The booking is considered confirmed when the guest receives written confirmation via the email address provided by the guest.

Payout of your host earnings will occur within 4 banking days after each rental agreement has expired. You can read more about reporting to the Tax Authority under point 16.

The rental price (including price per night, final cleaning, and consumption) includes a guest fee, which usually will be 20%, but can vary from 10-25% depending on different factors. The final price is always displayed at payment before the guest sends a booking request. The guest fee is subject to VAT and is paid by the guest. The guest fee goes to Landfolk as compensation for our services such as payment for holiday home rental insurance, credit card fees, operation and further development of the Platform, marketing, customer service and other guest support. If the guest sees the price in a currency other than the applicable currency in the country where the holiday home is located, the price will be adjusted according to the exchange rate.

If you, as a host, make your holiday home available for commercial bookings facilitated by Landfolk, you can read the applicable conditions in the attached document.

As a host, you can sign up for the Landfolk Creator Programme, where you get the opportunity to offer a creator a free stay in your holiday home. In this way, specific and authentic content is created for social media specifically about your holiday home, which increases its visibility on both the creator's and Landfolk's channels. You can sign up through My Landfolk, and you can read more about terms and conditions in the attachment.

If your holiday home is managed by Landfolk on your behalf as a host, you can read the applicable conditions for Managed by Landfolk in the attached document.

Extraordinary energy surcharge

When the guest books your holiday home through Landfolk, it is, as you know, with consumption included in the price. We think the best holidays are those that end with a memory of the most wonderful holiday, not the tedious calculation of the cost - and thankfully, guests agree. However, there may be a risk associated with this if there are unusually large fluctuations in prices, for example for electricity. Therefore, in exceptional circumstances, you, as the host, are protected by an option to add an energy surcharge.

This clause only applies to bookings requested from 16 September 2022 onwards.

As a host, you can add an energy surcharge no earlier than 21 days and no later than 14 days before the guest’s check-in date; this is referred to as the objection window if there have been significant price increases in the electricity market between the date of the request and the objection window.

Significant price increases in the electricity market are defined as the average price of electricity in the seven days leading up to the objection window being at least double the average price of the calendar month in which the request was sent. The prices are taken exclusively from Nord Pool for the zone in which the holiday home is located.

If you, as a host, want to add an energy surcharge, you should contact Landfolk, who will arrange for the energy surcharge to be paid by the guest. Landfolk must notify the guest of the energy surcharge within the objection window by written notification via the guest’s email or telephone number.

If the host adds an energy surcharge, the guest is entitled, notwithstanding any other conditions described in section 7, to cancel the booking and have the amount paid refunded without undue delay and within 14 days of the cancellation. However, it is a condition that the cancellation is notified to Landfolk within 48 hours after the guest has been notified of the energy surcharge. Otherwise, the guest is considered to have accepted the energy surcharge.

7) Complaints from guest, defects, and deficiencies

At Landfolk, we always strive to create the best possible holiday experience, and we are committed to ensuring that guests’ holiday expectations are met. We are sure that you, as a host, also strive for this.

Should the holiday home not meet the guest's expectations, the guest must contact Landfolk within 24 hours after the arrival time. If we assess that the guest's complaint about the holiday home is justified (see points 2 and 3), we will contact you, and in such a case, you will be obligated to ensure that the issue is rectified as quickly as possible.

If Landfolk evaluates that the guest is entitled to a proportional price reduction due to circumstances where the responsibility is on the host, Landfolk has the right to refund a proportional discount in the rental price. Thus, your payment as a host may be reduced either partially or completely, without you being able to make a claim against the guest or Landfolk, unless the circumstances are solely due to Landfolk or a third party engaged by Landfolk.

If you, as a host, have a complaint, you are likewise obliged to inform Landfolk about the circumstances within a reasonable time after the guest's stay has ended. As a host, you should send the necessary information to dispute@landfolk.com.

A short handling time should be expected due to the evaluation of any potential complaints.

8) Change and cancellation

As a service to guests, Landfolk offers a 48-hour right of cancellation for guests, allowing a guest to cancel a booking within 48 hours free of charge and receive a refund of any amount paid. The guest’s right of cancellation ends 48 hours after the booking is confirmed by you or at the time of check-in if the check-in time is less than 48 hours after your confirmation. The right of cancellation expires in cases where the rental starts less than 72 hours after the guest has sent the booking request. In this case, a booking is binding upon payment. This applies to both hosts and guests.

After that, the cancellation policy of your choice applies:

Flexible

The guest can cancel their booking up to 14 days before check-in and receive a full refund. The guest can cancel the booking up to 7 days before the check-in date and get 50% of the total rental price refunded. Cancellations less than 7 days before check-in are non-refundable.

Moderate

The guest can cancel their booking up to 30 days before check-in and receive a full refund. The guest can cancel the booking up to 14 days before the check-in date and get 50% of the total rental price refunded. Cancellations less than 14 days before check-in are non-refundable.

Strict

The guest can cancel their booking up to 60 days before check-in and receive a full refund. The guest can cancel the booking up to 30 days before the check-in date and get 50% of the total rental price refunded. Cancellations less than 30 days before check-in are non-refundable.

9) Other obligations

Your agreement with Landfolk is non-exclusive, and you, therefore, have the right to let out your holiday home yourself or via other third parties. If you rent out your holiday home through third parties, you are obligated to keep your calendar on the Platform updated through calendar synchronisation.

When your holiday home is ready for publishing on the Platform, you must ensure that the address of the holiday home is correctly stated on your holiday home profile.

As long as your holiday home is listed on Landfolk, you are required to receive emails from Landfolk regarding the maintenance of your user profile and the Platform in general.

10) Force majeure

You have the right to cancel a rental agreement if it turns out that you are prevented from making the holiday home available in the following cases, regardless of whether this could have been foreseen at the time the rental agreement was concluded:

• force majeure, including but not limited to strikes, epidemics, pandemics, war, natural and man-made disasters, border closures, floods or other exceptional weather conditions
• fire
• public orders or prohibitions
• theft or other damage to the house, making it uninhabitable
• sale of the property, death, bankruptcy, legal proceedings, or similar that make the execution of the rental agreement impossible

In case of cancellation due to force majeure, Landfolk may ask for documentation of the aforementioned conditions that make the rental agreement unavailable.

11) Unusual events

If after entering into the binding rental agreement you can no longer make your holiday home available to guests in the event of an unusual occurrence, the rental agreement can be cancelled up to 30 days before the arrival date. As a host, you are then liable for 50% of the booking's value (including the service fee). This is settled directly with Landfolk and is used to rehouse Landfolk’s guests in another summer house.

In case of cancellation due to unsual events, Landfolk may ask for documentation of the aforementioned conditions that make the rental agreement unavailable.

12) Selling your holiday home

As a host, you are obliged to contact Landfolk as soon as your holiday home is put up for sale. If you can no longer make your holiday home available for confirmed and binding rental agreements because of the sale, you as a host are liable for 50% of the booking's value (including the service fee). This is settled directly with Landfolk and is used to rehouse Landfolk’s guests in another summer house.

It's always a possibility to let the new owners take over the already entered and binding rental agreements, as well as continue the rental on the Platform. If the new owners take over the bookings, they enter into and accept the rental agreements based on the respective rental conditions.

13) Liability of Landfolk

Landfolk operates the Platform with the aim of mediating the rental of holiday homes between guests and hosts. Landfolk is not a party to the rental agreement that you enter into with the guest via our Platform and therefore assumes no liability for it.

Landfolk does not guarantee the availability or functionality of the Platform, which may be affected by, for example, IT crashes, software errors, updates, etc. However, you always have the option to delete your user profile on the Platform if the Platform is not functioning satisfactorily.

Landfolk is not liable for indirect losses.

14) Right of appeal

Applies to Danish hosts

You can bring a possible dispute with the guest before the Board of Appeal for Holiday Homes, Amagertorv 9, 2., DK-1160 Copenhagen K. Further information on the Board of Appeal is available at www.ankenaevnferiehus.dk. Alternatively, the European Commission's online complaints portal, www.ec.europa.eu/odr can be used to lodge a complaint.

Applies to Norwegian hosts

You can bring a possible dispute with the guest before https://www.klagenemndssekretariatet.no/

Applies to German hosts

You can bring a possible dispute with the guest before the European Commission Online complaint portal: Online-Streitbeilegung

Applies to Swedish hosts

You have the option to initiate a dispute with the guest, where you can refer to: https://sccarbitrationinstitute.se/. Alternatively, the EU Commission's online complaint portal www.ec.europa.eu/odr can be used when submitting a complaint.

15) Data protection

When you create and use your Landfolk user profile, we process certain personal data about you. You can read more about our processing of your personal data and your rights in our Privacy Policy, which can be read here.

16) Images and similar on the Platform

We encourage you to upload photos of your holiday home to our Platform.

If you upload your own images, you agree that the Platform may use these images and that these images do not belong to third parties. At the same time, you agree that we may use the images you upload to market our Platform.

By using the Platform, you agree that we may take pictures of your holiday home to market the holiday home and the Platform. Images taken by Landfolk or photographers contracted by Landfolk are our property and may not be used without our written permission.

Landfolk is entitled to remove your images from the Platform at any time.

17) Tax

Applies to Danish hosts

Landfolk is registered as a rental agency, and therefore you're entitled to a tax-free standard deduction in connection with your rentals. You can find the applicable tax rules here: https://skat.dk/borger/bolig-og-ejendomme/udlejning-af-bolig/du-udlejer-dit-sommerhus

The reporting obligation is incumbent on Landfolk, and this means that we report your gross rental income for rentals via Landfolk to SKAT once a year.

Applies to Norwegian hosts

Whether rental income is tax-free or subject to tax depends on the type of property you rent out, how much you rent out and the way the property is used. You can find the applicable tax rules here: https://www.skatteetaten.no/person/skatt/hjelp-til-riktig-skatt/bolig-og-eiendeler/bolig-eiendom-tomt/utleie/.

Applies to German hosts

As a host, you are responsible for fulfilling any applicable obligations to report your rental income associated with renting out your holiday home.

As a host, you are obliged to pay and report the country's applicable VAT rate, which depends on the location of your holiday home.

Applies to Swedish hosts

As a host, you are responsible for fulfilling all applicable obligations to report your rental income in connection with the leasing of your vacation property.

As a host, you are obliged to pay/report the nationwide VAT rate.

Read more at the Skatteverket website.

18) Termination

You are entitled to delete your user profile on our Platform at any time. You can do this by writing to your contact person at Landfolk or support@landfolk.com. If you have an outstanding or upcoming rental agreement(s) in your calendar at this time, the deletion will take effect after the last rental agreement is completed.

If you do not wish to make your holiday home available to guests with already binding rental contracts, the rental agreement can be cancelled up to 30 days before the arrival time. As a host, you are then liable for 50% of the booking's value (including the service fee). This is settled directly with Landfolk and is used to rehouse Landfolk’s guests in another summer house.

19) Applicable law and jurisdiction

Any dispute or claim arising in connection with the rental agreement, or the breach or invalidity thereof, shall be governed by Danish law without regard to its conflict of regulations.

The court of jurisdiction is Aarhus.