Thank you for choosing Landfolk.com!
Approved version 4.0 - 15 September 2022
These terms and conditions apply to all services offered to you as a lessor 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 intermediation of holiday home rentals. When you create a user profile as a lessor on our Platform and when you approve a booking, 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 email@example.com.
We also recommend that you familiarise yourself with current local legislation regarding letting out holiday homes.
Our mission is to create a Platform that makes private letting of holiday homes easy and transparent for both lessees and lessors. By virtue of its Platform, Landfolk is responsible for the intermediation work related to letting out holiday homes on behalf of lessors and for their expense and risk. Therefore, when a lessee books your holiday home on our Platform, an agreement is entered into between you and the lessee 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 lessee arising from these terms.
Therefore, we accept no responsibility for, and will not become involved in, any disputes between you and the lessee, nor will we be responsible for your or the lessee's compliance with the law in force.
2) Condition and facilities of the holiday home
Before any let, you are obliged to ensure that the holiday home is cleaned and ready to be taken over by a new lessee. The holiday home must correspond to the description given in 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 for at least one ignition so that the guest can get a good start to her/his 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. As these are emptied continually, the waste container cannot be expected to be empty on arrival.
If there are major renovations in progress, construction noise or the like causing a noise nuisance, it is your responsibility as 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.
You are generally responsible for handing over the key to the lessee unless an agreement on cleaning and preparation of the holiday home has been made with Landfolk: see section 3b.
If it is not possible for the lessee 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 income.
Charging the electric car
If you have installed an electric car charging station, you can allow the lessee to use it. Electric car charging is not included in the holiday home rent (see section 5) and is therefore settled directly with the lessee. If the lessee wishes to use the charging station, they must agree this with you before arrival.
If there is no charging station installed, the lessee is not allowed to charge an electric car in the holiday home for safety reasons.
The Platform is not held responsible for any snow removal associated with arrival at the holiday home. The lessor is obliged to inform and make tools for snow removal available to the lessee.
The lessor is obliged to inform the lessor of any tollbooths that give access to the rented holiday home.
3) 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 lessees on the Platform. As a lessor, 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 lessee. This amount will be included in the rental price shown. The amount for cleaning, minus the Landfolk fee (see section 5), is due to you as the lessor.
In some areas, Landfolk offers cleaning services, which means that Landfolk provides cleaning of the holiday home after the end of each rental agreement. Landfolk sets the price for this service and, thus, the amount to be paid by the lessee. This amount will be included in the rental price shown. The amount for cleaning is paid to Landfolk. See the cleaning guide that Landfolk follows here. Contact Landfolk if you wish to make use of this.
However, the above does not mean that the lessee can leave the holiday home in any condition, as the lessee is obliged to return a tidy holiday home, and the lessee must, among other things:
- do the dishes
- empty the dishwasher and the fridge
- remove hair and remnants from 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.
As a lessor, you are obliged to ensure that the holiday home is covered by usual insurances from a recognised insurance company, including holiday home insurance, including glass/pan, fire and movable property insurance.
Current insurance for Danish and Norwegian lessors
However, all rentals made through Landfolk are covered by an All-risk insurance provided by Gjensidige, which is additional insurance that creates extra security for both lessors and lessees.
It is a prerequisite that you, as the lessor, have taken out a general holiday home insurance policy for the holiday home and its contents, which covers at least fire, water, and burglary.
The AllRisk insurance covers the following:
- vandalism caused by the lessee
- damage where the lessee accidentally damages things/movables and/or building parts.
- damage where pets accidentally damage things/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 lessee.
5) Terms of payment and fixing of rental prices
You, as the lessor, are responsible for setting your holiday home rent for each booking enquiry. The holiday home rent is the full amount you wish to receive for the let, including the final cleaning if you have chosen to provide this (see section 3a for more information on this) and the guest's consumption of water, heating and electricity.
For any rental via the Platform, you pay a hosting fee to Landfolk of 5% of your total holiday home rent, including cleaning and consumption. This hosting fee is subject to 25% VAT and is automatically deducted from our payments to you as the lessor. There are no other fees you, as a lessor, have to pay to use the Platform for your let.
When you confirm the lessee'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 lessee. The booking is considered confirmed when the lessee receives written confirmation via the email address provided by the lessee.
Immediately after the end of each rental agreement, we will send you a settlement note as the lessor. You can read more about tax reporting in section 14.
Please note that the rental price displayed when searching or booking via the Platform will be subject to a rental fee equal to 15% of the holiday home rent, including cleaning and consumption. The rental fee is subject to VAT at 25% and is paid by the lessee. It is due to Landfolk as remuneration for our services, such as payment for holiday home rental insurance, credit card fees, operation and further development of the Platform, and other support to the lessee.
Extraordinary energy surcharge
When guests book your holiday home through Landfolk, energy consumption, as you know, is included in the price. We think the best holidays are the ones that end with a memory of the most wonderful holiday, not the tedious reckoning - and thankfully, guests agree. However, this exposes you as a lessor to risk when it comes to large fluctuations in prices, especially 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 lessor, you can add an energy surcharge no earlier than 21 days and no later than 14 days before the lessee's move-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 lessor, want to add an energy surcharge, you should contact Landfolk, who will arrange for the energy surcharge to be paid by the lessee. The lessee must be notified by Landfolk of the energy surcharge within the objection window by written notice to the guest via the lessee's email or phone number.
If the lessor adds an energy surcharge, the lessee 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 lessee has been notified of the energy surcharge. Otherwise, the lessee is considered to have accepted the energy surcharge.
6) Complaints from lessee, defects, and deficiencies
At Landfolk, we always strive to create the best possible holiday experience, and we are committed to ensuring that your holiday expectations are met. We are sure that you, as a landlord, will also strive for this.
Should the rented holiday home not meet the lessee's expectations, the lessee must contact Landfolk within 24 hours of the start of the rental. If we consider that the lessee's complaint about the holiday home is justified (see clauses 2 and 3), we will contact you, and you will be required to ensure that the matter is rectified as soon as possible. If Landfolk considers that the lessee is entitled to a proportionate reduction as a result of the issue, Landfolk is entitled to refund a proportionate reduction in the rental price (and thus to withhold all or part of the payment to you as the lessor) without you being able to assert a claim against the lessee or Landfolk, unless the issue is due solely to Landfolk or a third party engaged by Landfolk.
7) Change and cancellation
As a service to lessees, Landfolk offers a 48-hour right of cancellation for lessees, allowing a lessee to cancel a booking within 48 hours free of charge and receive a refund of any amount paid. The lessee's right of withdrawal ends 48 hours after the booking is confirmed by you or at check-in time if the check-in time is less than 48 hours after your confirmation. The right of withdrawal lapses in cases where the rental starts less than 72 hours after the guest has sent the request.
After that, the cancellation policy of your choice applies:
Guests can cancel their booking up to 14 days before check-in and receive a full refund. Guests 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 the check-in date are non-refundable.
Guests can cancel the booking up to 30 days before check-in and receive a full refund. Guests 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.
Guests can cancel their booking up to 60 days before check-in and receive a full refund. Guests 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 the check-in date are non-refundable.
8) Other obligations
Your agreement with Landfolk is non-exclusive, and you, therefore, have the right to let your holiday home yourself or via other third parties.
If you sell your holiday home, you must ensure that the holiday home is either i) removed from our Platform or ii) the rental continues with the new owner as lessor before the new owner takes over the holiday home.
As long as your holiday home is listed on Landfolk, you are required to receive emails from Landfolk regarding the maintenance of your profile, your listing and the Platform in general.
9) Force majeure and exceptional events
You have the right to cancel the 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
- 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 these cases, we will refund the rental price to the lessee.
10) Liability of Landfolk
Landfolk operates the Platform with the aim of mediating the rental of holiday homes between lessees and lessors. Landfolk is not a party to the rental agreement that you enter into with the lessee 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.
11) Right of appeal
Applies to Danish lessors
You can bring a possible dispute with the lessor 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 lessors
You can bring a possible dispute with the lessor before www.klagenemndssekretariatet.no
Applies to German lessors
You can bring a possible dispute with the lessor before the European Commission Online complaint portal: Online-Streitbeilegung
12) Data protection
13) 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 that you upload for marketing our Platform.
By using the Platform, you agree that we may take pictures of your holiday home for the purpose of marketing 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.
Landfolk er registreret som udlejningsbureau og du har derfor ret til et skattefrit bundfradrag i forbindelse med dine udlejninger. De gældende satser kan findes hos Skat: https://skat.dk/data.aspx?oid=2035568.
The reporting obligation is incumbent on Landfolk, and this means that we report your gross rental income for rentals via Landfolk to the tax authorities once a year.
You are entitled to delete your user profile on our Platform at any time. You can do this by writing to your contact person with Landfolk or firstname.lastname@example.org. 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.
16) Applicable law and jurisdiction
Any dispute or claim arising in connection with the rental relationship, or the breach or invalidity thereof, shall be governed by Danish law without regard to its conflict of law rules.
The court of jurisdiction is Aarhus.