General conditions of sale
- SubjectThese conditions are integrally part of the actual contract. Every derogation request must be stipulated in writing. They are effective with the exception of every conditions of sale issuing from the customer and/or the contracting, as far as they are contrary to the first ones.
The customer’s and/or the contracting’s agreement with the actual conditions, performs at the very moment of booking. No reservation is accepted without this agreement. The customer and/or the contracting has the right to save and print the actual general conditions.
- Field of applicationThe actual general conditions apply to all reservations concluded by internet websites, by mailing or by phone.
- The contracting’sA person who spends the night at the hotel isn’t necessarily a contracting party, as a hotel contract could be concluded under his name by a third party.
In the application of the actual general conditions of sale, a “contracting” is meant to be a physical person or legal entity who concludes a hotel booking contract and/or who is bound to a financial compensation. By the word “customer”, we mean (the) physical person(s) who intend(s) to stay in hotel’s accommodation.
- Withdrawal rightThe contracting and/or the private customer and acting for his individual basic needs, isn’t allowed to withdraw his involvement from purchasing, in case of booking made less than 3 days before the beginning of service provisions. The private customer isn’t allowed to withdraw his involvement from purchasing, in case of special conditions (nonrefundable bookings) or in case of booking regarding event organization.
The contracting and/or the professional customer isn’t allowed of any kind of withdrawal, except in case of hotelier’s deliberate and opposite agreement.
- Form of contractNo specific form of contract is prescribed. The contract is concluded from the moment of agreement of one party for the offer proposed by the other party.
In case of written contract, the hotelier has to mention the dates and hours of the customer’s arrival and departure, as well as the rate concluded, the description of the required services needed and the amount of potential deposits.
- Hotel contract and complaints
In accordance with the hotel’s contract, the hotelier is bound with regard to the customer, to provide him with an accommodation and insure him the regular services. It means by that the standard services in accordance with its category, including the rooms and the different communal installations provided for customers.
The contracting is bound to settle the agreed price.
The complaints regarding the produced services can’t be accepted if they aren’t put and sent in writing to the hotelier within the seven days following the service provisions.
- PriceHotelier’s prices’ offers are without obligation and aren’t restrictive, as far as they haven’t been confirmed and sent in writing by the hotelier.
- Service provisionsThe service provisions are performed at the hotel’s place of establishment, excepting contrary conventions in writing and without damage to the application of article 22 regarding the actual general conditions.
- Duration of reserved bookingIf a determined number of nights has been booked by the customer, the debuting and ending dates must be showed in the hotel contract.
The contract ends the day following the customer’s arrival, at the latest at 11am in the case of no contract of more than 1 day has been required and agreed.
If the number of booked nights isn’t determined, hotel’s contract is considered as concluded for several successive days. In that case, a notice expiring the following day at the latest at 11am, must be given by one of the contracting party.
A notice given to the customer by the hotelier will be considered as addressed to the contracting and will take action in conformity with the measures mentioned above.
The notice is confirmed in writing to the contracting.
- Booking by phoneA booking concluded by phone by the hotelier is only valid until 10:00 pm (22h00). Furthermore, for every booking, a guarantee of payment will be required, either via a banking transfer, or by security deposit directly debited from the customer’s credit card.
- Late arrivalIn case of late arrival, the customer is bound to warn the hotelier and to precise his hour of arrival.
A late arrival, it means after the agreed hour (10:00pm / 22h00), and which hasn’t been notified by the customer, will automatically lead to extra costs up to 15€.
The customer chooses the services displayed on the hotelier’s website or on the internet.
The customer acknowledges having taken note of the nature, the purposes and the booking modalities of the available services on the hotelier’s website or on the internet, and having requested and received the needed and/or additional details in order to make his booking with full knowledge of the facts.
The customer is the only responsible party for his choice of services and for their harmony with his needs, in such a way that the hotelier’s responsibility can’t be implicated.
Every booking must be accompanied by a valid credit card number, by its expiry date and its holder’s name in order to guarantee this booking. In case of “no show” (customer not present – uncancelled booking), the credit card let as a guarantee will be debited up to a limit of due amounts and as fixed compensation.
The customer refrains from entering into several contracts for the same service provisions to several others hotels. All breach of this rule allows the hotelier to cancel unilaterally the contract, without any damage to the application of article 20’s measures. The customer won’t then be able to demand any compensation.
It is possible for the hotelier to ask for a complete or partial deposit (cf. Article 14). If the hotelier receives beforehand a sum of money from the customer, this payment will be considered as security deposit on the contractual price, except opposite measure subject to contract.
The hotel’s invoices are outright payable on presentation and at the latest upon the day of departure.
Unless otherwise stated, the hotelier isn’t in any matter bound to accept cheques, foreign currencies, credit cards or other deferred method of payment, and the payment must be done in the country’s currency where the hotel is settled.
The contracting is responsible of the payment for all the services provided for the customer, as well as all entered services into the contract, except opposite written measure planning that the cost is charged to the customer.
The hotel’s invoices are due for payment at the establishment’s headquarters.
All price reduction, which is either discounted or by commission agreed by the hotelier, becomes obsolete in case of invoice’s non-payment at expiry date.
In case of default of payment at expiry date, the invoice’s amount will be increased at a fixed rate of 15% by way of compensation, without any summons or formal notice, with a minimum amount of 75€. The late- payment interests will be of 1% per month under way from the due date.
These penalties are reciprocal in case of due amounts by the hotelier.
The security deposit which represent 50% of the total amount for the required contractual services must be immediately settled to the hotelier at the very moment of booking. During a high season period, the hotelier might ask for a 100% deposit on the whole stay, by presumably warning the customer. In case of default of payment, the hotelier has the right to cancel the hotel booking without any formal notice.
Regarding the bookings made by a professional contracting party and group booking (at least 5 rooms) for which no guarantee under credit card number and expiry date has been transmitted before the date of contract’s beginning, 50% of the services’ total amount must be settled from the very moment of booking, and the other 50% must be settled 3 days before the arrival date.
- Hotelier’s responsibility and object depositThe hotelier isn’t responsible for damages subsequently occurred after a force majeure event which he couldn’t prevent, despite required precautions, or in case of a theft committed with armed force. He isn’t any more than it is that of damages caused by the customer’s error or carelessness, even partially. Hereunto, the customer has particularly the obligation of informing the hotelier about any valuable items he might possess.
Regarding the deposit excess, the act of stocking and the hotelier’s responsibility are governed by the civil code 1952 to 1954 quater articles.
- Retention right of items brought by the customer
The hotel has at its disposal a retention right by way of a payment guarantee for the due amounts, and in fine the right of sale (market value) of all items and accessories brought by the customer.
17. Customer/contracting responsibility – customer’s behavior
The customer and the contracting are responsible in solidarity with regard to the hotelier concerning every damage offended to other physical persons, building, furniture or to the hotel’s equipment and accessible places to the general public.
The customer must behave according to the customs and the hotel’s regulation where he stays; the customer may also refer to this regulation. Every severe or repeated infringement gives the right to the hotelier to put an end to the contract without any formal notice and/or eventual interest and compensation prejudice.
In particular, the customer accepts and commits to use the accommodation and equipment (internet access included) with due diligence. Furthermore, every behavior opposite to good moral standards and public order will give the right to the hotelier telling the customer to leave the building and its areas, without any compensation and/or any refund (if a payment has already been settled), without judicial penal proceedings and/or additional interests and compensations.
If the customer wishes to bring a pet at the hotel, he is bound to assure that the hotel’s regulation allows it. The pet permanently reports to the customer. The pet can’t be left alone at any moment of the stay. The hotelier has the right to refuse a pet at any moment and with no need to justify his decision.
- Rooms’ occupation and liberationUnless contractual dispositions otherwise stated, the rooms reserved for a customer must be available at 02:00 pm and rooms of the customer who leaves the hotel must be liberated at 11:00 am.
- Traveler controlWhen arriving at the hotel, the customer has to show his proves of identity in order to fill in the registration card he must sign.
- Booking cancellation and modification made by a private customer acting on its own behalf-The contracting and/or private customer may cancel or modify his booking without extra fees as long as this cancellation or modification occurs at least 3 calendar days before service’s beginning.
-In case of cancellation within the 3 days preceding the arrival date, the whole amount of the reservation will be owed by the customer/contracting.
-In case of no show (not cancelled booking or not present customer), the whole amount of the booking will be owed by the customer/contracting. A late arrival not signaled to the hotelier will be considered as a no show.
- Booking cancellation or modification for a group (minimum 5 rooms) or made by a professional customer/contracting or for a event reservation
-A booking can be cancelled or modified without any extra costs as far as this cancellation or modification occurs more than 1 month before the services’ beginning.-In case of a cancellation or modification done between 30 and 15 days before the beginning of the service provisions, 50% of the agreed price will be owed by the customer/contracting.
-In case of cancellation or modification done between 15 and 1 day before the beginning of the service provisions, 100% of the agreed price will be owed by the customer/contracting.
- Booking cancellation or modification done by the hotelier
If the hotelier can’t carry the contract out, he will offer an arrangement of quality or category identical or superior. All price difference which results from this arrangement is owed by the hotelier.
If the hotelier neglects to offer the housing contractually defined or a similar housing, the latter will be indebted to the customer/contracting of damage and interest fixed at 75€ per agreed night and non-offered.
Nevertheless, the hotelier will be allowed to exempt himself from his obligations or to bring an end to them if he can’t ensure them, because of the occurrence of an event beyond his control, in case of force majeure or because of the hotel’s partial or total destruction, strike, catastrophe, blaze, external or internal technical incident, and generally in case of all event that couldn’t fulfill the good service execution.
The information asked to the customer/contracting when reserving is necessary to the hotelier in order to register and confirm the booking.
Unless exception from the customer/contracting, the hotelier has the right to make use of his e-mail address to send him an information letter, promotional offers or an invitation to fill in a feedback questionnaire online after his stay.
The actual general conditions’ validity isn’t affected by the eventual nullity of one of its dispositions.
The hotel booking contract his governed by the Belgian law. Every dispute resulting from the actual contract will be solved by the relevant court from where the hotel is based.