Terms & Conditions of Sales

 

PART 1: GENERAL CONDITIONS OF RENTAL OF THE ESTABLISHMENT


ARTICLE 1: GENERAL PROVISIONS

The reservation is agreed with the lessor Henry Dany 08/26/1969

Address rue d'Anthée 93 5540 Hastiere

● Telephone: +32494463869

● Email address: giteberdinsart@gmail.com

● Bank account: IBAN BE92001262922923 (BIC:GEBABEBB*)

[1] The contract is a tourist rental contract. The rental period constitutes an essential condition without which the contract would not have been concluded. The tenant cannot establish his main residence in the rented building.


The establishment includes 1 accommodation) for a respective capacity of 6 people.

Accommodation details: Berdinsart gite; rue De Moulins 2 5537 Haut-le-Wastia; capacity for 6 people



The tenant is required to respect the maximum capacity announced in the rental. Any violation of this clause may result in the immediate termination of this contract, at the fault of the tenant, the rental amount remaining definitively acquired by the lessor.


The tenant must arrive on the specified day and at the indicated times. In the event of late or delayed arrival, the tenant must notify the lessor.


ARTICLE 2: TERMS OF CONCLUSION OF THE CONTRACT

The rental is effective upon payment of a deposit of 30% of the price of the stay:

● is collected by the secure payment system (Stripe) when booking online;

● or to be paid to the lessor's bank account number within 5 days following receipt of the electronic reservation confirmation (voucher).


The balance of the stay (70% remaining) is to be paid by transfer no later than 7 days before arrival to bank account number BE92001262922923


Any reservation made within 7 days before the arrival date is considered late. In this case, the balance of the stay will be paid to the lessor's bank account number upon receipt of the electronic reservation confirmation (voucher), that is to say before the start of the stay .




Unless otherwise specified in the reserved offer, the price of the stay does not include:

● Deposit: two hundred and fifty euros

● Sheets and towels

 

ARTICLE 2 bis: THE DEPOSIT

The deposit, in the amount of two hundred and fifty euros, will be paid 7 days before the stay by transfer to the lessor's bank account number or deposited in cash on arrival.

The lessor reserves the right to refuse access to the establishment if the deposit is not paid.


The deposit will be returned within 10 days of departure if there is no damage to the accommodation, annexed buildings and surrounding areas.


The deposit is intended to cover all debts for which the tenant may remain liable to the lessor upon return of the premises.
In the event of a dispute, the lessor may, under his responsibility, retain the deposit until responsibilities are clearly established.
If it turns out that the tenant is not liable for the sums claimed and that all or part of the deposit must be returned, the lessor will owe interest at the legal rate on the amount to be finally returned.

 



ARTICLE 3: SOLIDARITY

In the event of multiple tenants, the person who made the reservation is responsible for the debts and receivables of all tenants.



ARTICLE 4: LATE PAYMENT

If the lessor does not receive the payments within the allotted time, he may cancel the rental by registered letter or email within 5 days following the date scheduled for payments.

This clause does not apply to late bookings.


Any amount due by the tenant, and not paid 5 days after its due date, will automatically produce interest and without formal notice, for the benefit of the lessor, interest at the legal rate per month from its due date, the interest for any month started being due for the entire month.



ARTICLE 5: CANCELLATIONS – PREMATURE DEPARTURE – NO-SHOW


a) Cancellation by the tenant

Any cancellation must be notified by registered letter or email and addressed to the lessor.

The cancellation conditions determined in the electronic order form (voucher) apply.


In the event of force majeure (or act of the prince) for one or the other party:

  1. The date of execution of the contract will be postponed to a later date to be agreed between the parties (voucher for an amount equivalent to that of the reservation to be deducted from a future stay).

If no agreement can be reached within a period of 18 months, the amounts paid will be fully refunded to the tenant.


  1. The contract is canceled in agreement between the two parties and all amounts already received by the lessor are reimbursed to the tenant


b) Cancellation by the lessor

Any cancellation must be notified by registered letter or email and addressed to the tenant.

The cancellation conditions determined in the electronic order form (voucher) apply.


In the event of force majeure (or act of the prince) for one or the other party:

  1. The date of execution of the contract will be postponed to a later date to be agreed between the parties (voucher for an amount equivalent to that of the reservation to be deducted from a future stay).

If no agreement can be reached within a period of 18 months, the amounts paid will be fully refunded to the tenant.


  1. The contract is canceled in agreement between the two parties and all amounts already received by the lessor are reimbursed to the tenant


c) Premature departure

The premature departure of the tenant does not result in any reimbursement, even partial, of the price of the stay.


d) No-show of the tenant (no-show)

If the tenant does not show up within 24 hours following the arrival date mentioned on the contract:

● the reservation automatically becomes void;

● payments remain with the lessor who reserves the right to claim the balance from the tenant;

● the lessor can dispose of his property.



ARTICLE 6: RESPONSIBILITIES – INSURANCE

 

a) Fire insurance

The tenant must be covered by Fire Insurance (resort) for any damage they may cause to the building and the rented furniture.


The tenant declares, after having verified it, to be covered for such risks by his personal fire insurance (resort insurance).


In the event of a breach, the tenant undertakes to take out a contract covering this risk, at the latest on the day of entry into the rented property(s).


b) Family Civil Liability Insurance (private life)

The tenant declares that he is covered by Family Civil Liability (private life) insurance.


In the event of a breach, the tenant undertakes to take out a contract covering this risk, at the latest on the day of entry into the rented property(s).


 

 

 

ARTICLE 7: DOMESTIC ANIMALS

Maximum 2 pets are allowed with the owner's specific agreement. They must be reported to the lessor. Extra charge applies

ARTICLE 8: USE AND OCCUPANCY OF THE PREMISES

The tenant undertakes to behave respectfully of the inhabitants and the environment in general (fauna, flora, various equipment, etc.). He uses the rented property in accordance with its intended purpose and as a prudent and responsible person.


The tenant must return the property in the condition in which he received it. He is responsible for any loss or damage to the lessor.


Lively parties such as student brawls, panty burning, dancing evenings, etc. are not permitted.


The accommodation is non-smoking

 

ARTICLE 8 bis: STATE OF PLACE

An inventory of the equipment of the rented property is carried out at the start and end of the stay. This inventory must be signed by both parties to demonstrate the condition of the rented property and its equipment.


Any difference with the inventory or anomaly must be reported to the lessor, no later than 10:00 a.m., the day after the day of arrival.

 


ARTICLE 9: COMPLAINTS

Any complaint must be sent to the lessor by registered letter or email within 8 days after the end of the stay. Supporting documents must be attached.


In the absence of agreement between parties, only the courts of the judicial district of the place where the accommodation is located have jurisdiction.


 

ARTICLE 9 bis: MEDIATION OF THE FEDERATION OF GITES AND GUEST ROOMS OF WALLONIA

In the absence of agreement between the parties, they will submit their grievances to the secretariat of the Federation of Gîtes and Bed and Breakfasts of Wallonia who will attempt to propose an amicable solution.


In the absence of agreement between parties, only the courts of the judicial district of the place where the accommodation is located have jurisdiction and they will apply Belgian law.


This clause only applies to establishments that are members of the Federation of Gîtes and Bed and Breakfasts of Wallonia in order of contribution.

 

 

 

ARTICLE 10: CONTROL OF TRAVELERS

The lessor is entitled to check and record the identity of all occupants of the accommodation in accordance with the 2007 law. The tenant must present a valid identity document (identity card or passport ). To be checked with the CGT



ARTICLE 11: ACCEPTANCE OF THE GENERAL CONDITIONS

Unless expressly stipulated otherwise, the tenant is deemed to have read the said conditions and to have accepted all the clauses at the latest when booking online, when paying the deposit and/or the balance of the stay, or when taking possession of the establishment.

STANDARD TERMS AND CONDITIONS APPLYING TO ONLINE SALES VIA RMT - - [NOM de l'ENTREPRISE]


1. Subject

These standard terms and conditions apply to all online reservations made with our establishment - [NOM de l'ENTREPRISE] using the Regional Marketing Tool (RMT). Customers acknowledge that they are aware of and agree to these standard terms and conditions. Reservations are only possible if customers indicate their agreement with them. Customers may save and print off these standard terms and conditions.

2. Offers

All our advertisements, web pages and offers are drawn up in good faith on the basis of available information. Maps, photos and illustrations are shown for information purposes and are not contractually binding. They may be subject to alteration before a reservation is finalised. Customers authorise us to correct any obvious material errors in the information provided to them by us.

3. Pricing

The prices shown at the time of a reservation form the total price of the service that is sold, including taxes, charges and other sundry costs. Where there are supplements, they are clearly indicated before the service is reserved.

Customers authorise us to correct any obvious pricing errors.

4. Reservations

Customers choose the services presented in the regional marketing tool. They acknowledge being aware of the nature, purpose and reservation procedures for the services available in the regional marketing tool and having requested and obtained the requisite and/or additional information to make their reservations in full knowledge of the facts. Customers bear sole responsibility for their choice of services and for the fitness thereof for their purposes, such that we bear no liability in that regard. Reservations are deemed accepted by customers upon completion of the reservation process.

5. Reservation process

Reservations made by customers are made using the virtual reservation form that is accessible online in the reservation tool. Reservations are deemed made upon receipt of the reservation form. Customers undertake to fill in all the information needed for a reservation prior to making the reservation. Customers attest to the veracity and accuracy of the information they provide. Once the final choice of services to be reserved has been made, the reservation procedure comprises the following steps up to validation: input of bank card details where a deposit or down payment is required, reading and acceptance of the standard terms and conditions of sale relating to the service(s) rendered and, finally, validation of the reservation by the customer.

6. Acknowledgement of receipt of the reservation

The reservation tool acknowledges receipt of the customer's reservation and confirms it by immediately sending an e-mail. The e-mail confirmation of the reservation summarises the contractual offer, the reserved services, the prices, the terms and conditions of sale relating to the selected tariff and accepted by the customer, the date of the reservation made and the address of the establishment where the customer can make any complaints.

7. Right of cancellation

It is pointed out that, under section VI.53 of Belgium's Economic Law Code, if the contract provides for a specific date or period of performance, the customer has no right to cancel in the case of a reservation:
• of accommodation other than for residential purposes (such as holiday accommodation),
• of transport,
• of care hire,
• of meals services and services linked to leisure activities.

8. Data protection

We collect your data in accordance with the General Data Protection Regulation (2016/679) (""GDPR"").

The personal data that you provide is necessary for processing your reservation and is essential for management and provision of the services (section 6(1)(b) of the aforementioned regulation). To these ends, your data may thus be passed on to our partners, particularly those for which Elloha.com manages the reservation tool, online payment service providers, service providers established in third countries. In particular, when making online payments, the customer's banking details will need to be sent by the payment service provider to the establishment's bank for the purpose of performing the reservation contract. We only make use of partners guaranteeing a level of protection complying with the principles laid down in the GDPR.

With your consent, your data may also be used by us to send you our promotional or commercial offers by e-mail or post.

We retain your data for three years after the last contact (e-mail, reservation, etc.).

As a person whose data is collected, you have a right to access, rectify, erase your data as well as a right to oppose the collection of your data. These rights can be exercised by sending us an e-mail stating your full name and address and the matter on which you are writing.

Your complaints regarding the collection and processing of your personal data may be sent to the relevant regulatory authority.