Terms of Sales
Art. 1. Identification, definitions and scope of the general conditions of the contract for the provision of a furnished building to the tenant customer on behalf of the owner 1.1. Identification
His bank details are as follows: IBAN: BE40 3770 6597 2363 - Bic: BBRUBEBB. 1.2. Definitions We mean:
"Customer": the tenant customer who reserves a home that the owner makes available on the website.
"Contract": the contract of provision which binds the owner to the customer at the end of the reservation procedure including these general conditions and the special conditions of access to the accommodation.
"Owner": the natural or legal person who owns the furnished building and who takes charge of its rental.
"Housing":the property described in the particular conditions of the rental contract of a building furnished and reserved by the tenant customer for a specific stay.
"Welcome manager": the natural person designated by the owner to receive the client and to proceed with the formalities of the reception (such as handing over the keys, etc.).
"Price of the stay": This is the price inclusive of taxes of the occupation of the accommodation, mentioned on the page of presentation of housing published on the Website, excluding the deposit, for the selected period taking into account the number of participants declared by the client during the procedure of booking the stay, mandatory charges.
"Rent": This is the rental amount mentioned on the Housing Submission page posted on the Website.
"Non-compliance": the fact that a property does not correspond to the descriptive information on the Siteweb site or in the report of the inventory.
"Defectiveness" means that a good or equipment of the latter to be defective, to suffer from failure.
These general terms and conditions govern the contractual relationship between the tenant and the owner. They are an essential part of the contract. Consequently, these conditions can only be waived if the owner has consented in advance and in writing. Therefore, the customer can not in any way claim the application of its own terms and conditions, whatever they are. If the customer wishes to derogate from the general conditions, he must make the express request prior to the conclusion of the Contract. In this case, the general conditions will remain applicable in a suppletive manner.
Art. 2. Purpose and formation of the contract
The owner agrees to the terms and conditions of this contract to make available to the tenant tenant housing, without ever personally enjoy the housing. The owner takes care of the management of the reservations and receives the payment of the price of the stay and the case of the deposit.
2.2. Formation of the contract
The offer of provision of housing is presented exclusively by the owner on the website and is valid subject to the availability of housing and conditions defined by the general conditions and special.
The owner makes available to the tenant client, before confirming his reservation, access to the data he has encoded. This access consists of a web page from which the Customer is invited to confirm each of the modalities of his reservation, which he can modify, if he wishes.
When clicking on the "Book Now" button, the renter client declares having read and accepted the general conditions of availability and the special conditions that appear there. This step constitutes an electronic signature which has, between the parties, the same value as a handwritten signature.
Thus, by signing its agreement firmly with the provisions of the general and special conditions, the tenant customer is duly informed that he enters into a contractual relationship to these conditions. From this moment, the customer is therefore required to pay the owner the amount as stipulated in the booking procedure.
More specifically, the contract is concluded at the end of the following technical steps: Step 1: Selection of the holiday home for a specified period;
2nd step :
Identification of the tenant client by Email (either as a new user or as a former user).It will indicate the mentions of the composition of the group of the participants to the stay, insertion of a possible promotional code;
The client-new user is required to communicate his personal details: surname, first name, address and telephone number.
The customer is invited to confirm his reservation on a page that summarizes the terms of this. If the terms of his reservation are not in accordance with his wishes, he is free to return to the previous steps by clicking on the number of the step where he wishes to modify an information; The customer clicks the "Book Now" button.
The page provides the customer with all the information related to his reservation: the amount to be paid and the details of the payment terms; important documents; ... The Customer can (re) read the details of the contract, in the selected language,
Art. 3. Minority
Under no circumstances will the owner agree to contract with a person under 18 years of age. All bookings made by persons under the age of 18 are deemed non-existent, without the client being able to demand any compensation from the owner.
The customer is obliged to compensate the owner of all the direct and indirect consequences linked to the fact that he has made a reservation by introducing incorrect data.
Art. 4. Absence of the right of withdrawal
According to Article VI.53 of the Code of Economic Law, in the case of a contract the provision of accommodation services other than for residential purposes, the customer can not exercise the right of withdrawal within 14 days of its reservation without prejudice to its right to terminate the contract or to assign it in accordance with Articles 5 and 7.
Art. 5. Assignment of contract
The client is not entitled to assign the contract, unless the owner's written agreement is at least 15 days before the date of the beginning of the stay.
The owner reserves the discretionary right to refuse assignment of the contract.
The client-seller and the assignee are in any case jointly and severally liable for the performance of the Contract, and in particular for the payment of the price of the stay and, where applicable, of the deposit.
If the customer assigns the contract without the conditions detailed in paragraph 1 are met, the contract will be terminated automatically and the customer will pay the owner the compensation set in Article 7.2.
Art. 6. Suspensive condition
The customer who has accepted special conditions of access to the accommodation during the procedure of reservation of the stay irrevocably declares to be informed that the contract is concluded under the condition precedent of the agreement of the owner who can in particular subordinate this agreement to an increase of the deposit.
In this case, the agreement of the owner will occur within 48 hours after the booking by the customer.
Art. 7. Termination of the contract
7.1. By the fact of the owner
A. If the owner cancels the contract before the beginning of the stay due to circumstances not attributable to the tenant customer, the customer may, at choice:
Require the repayment, as soon as possible, of all sums paid in execution of the contract. The customer can not claim compensation in case of force majeure, defined as any abnormal and unpredictable circumstance, beyond the control of the owner and whose consequences could not have been avoided despite all the diligence deployed (eg , without this list being restrictive: attributable to the owner, war, bad weather, fire, floods, natural disasters, quarantined zone, death of the Owner ...).
For all other cases than those referred to above, the customer may demand compensation corresponding to the damage actually suffered and justified by evidence. This compensation will in any case be capped at 30% of the price of the rent excluding charges.
B.The owner also has the right to terminate the contract, without notice or compensation: Before the beginning of the stay, if the customer does not respect the terms of payment or in case of error on the part of the data entry cl he introduced during the booking process; During the stay, if the customer does not comply with his obligations according to the general and special conditions. In this case, the customer will be liable to the owner of the compensation detailed in point 7.2.
7.2. By the tenant tenant
The customer may terminate the contract at any time, subject to the payment of an indemnity to the owner for the damage subsequently suffered by the cancellation fixed for the surplus in the following manner:
If the cancellation occurs more than 30 days before the date of the beginning of the stay: 30% of the rent price;
If the cancellation occurs between the 30th day (included) and the 20th day (excluded) before the date of the beginning of the stay: 60% of the rent price;
If the cancellation occurs between the 21st day (included) and the 2nd day (excluded) before the date of the beginning of the stay: 90% price of the rent;
If the cancellation occurs on the 2nd day (included) before the date of the beginning of the stay or later: 100% total price of the rent price.
Art. 8. Modification of an essential element of the reservation
Article 8.1. Before the beginning of the stay
If, after the subscription of the contract and before the date of the beginning of the stay, an essential element of the reservation is missing or is modified, the owner will inform the customer as soon as possible as far as it is aware, and in any case before the date of the beginning of the stay.
In this case, the rules set forth in Article 7.1.A referred to above shall apply.
Article 8.2. During the stay
The customer may also demand compensation corresponding to the damage suffered and justified by the evidence.This compensation will in any case be capped at 30% of the rent price excluding charges
The customer can not claim this compensation in case of force majeure, defined as any abnormal and unpredictable circumstance, independent of the will of the owner and whose consequences could not have been avoided despite all the diligence deployed (for example, without this list is limiting: attributable to the owner, war, bad weather, fire, floods, natural disasters, quarantined area, death of the owner ...).
Art. 9. Obligations of the owner
9.1. Documents communicated to the tenant client
The owner sends to the tenant's client, by email (e-mail, sms) and via his personal access on the website, a confirmation of the reception of his reservation by the owner, a summary of the booking and an invitation to pay. The owner also provides the Client with a pro forma invoice containing the essential information of the booking.
9.2. Compliance guarantee
The owner guarantees the conformity of the housing descriptions and their contents, with the exception of the estimates of the charges referred to in article 10.2.2. which have only an indicative value. Similarly, the photographs, plans and tourist information, as well as the sound level of the accommodation are mentioned for purely informative purposes and do not imply any obligation on the part of the owner.
Art. 10. Obligations of the tenant client
10.1. Information from the client
The client is required to provide the owner with correct, complete and up-to-date information, in particular, without this list being exhaustive, concerning the composition of the group of participants in the stay (minors, etc.) and the reason for the stay. The customer will assume all generally unspecified consequences, including financial consequences, resulting from any inaccurate, incomplete and / or uncommitted information.
10.2. Payment obligations
10.2.1. price of the stay
Within 5 days of the date of the confirmation of his reservation, the customer pays the owner a deposit equal to 30% of the rent.
The customer pays the balance of the price of the stay and, if necessary the deposit, at the latest 8 weeks before the date of the beginning of the stay.
If the booking is made less than 8 weeks before the start date of the stay, the customer pays the full price of the stay and, if applicable, the deposit, upon confirmation of the reservation by the owner.
If the reservation is made less than 21 days before the start date of the stay and the payment is made by bank transfer, the customer immediately sends the owner a valid proof of this payment.
If the tenant does not pay in due time, the owner reserves the right to cancel the booking due to the fault of the customer before the beginning of the stay in accordance with article 7.1.B.
The stay can in no case begin without the customer has paid the full amount of the price of the stay, the possible deposit to the owner.
The Customer makes all payments referred to in this article for the benefit of the owner by bank transfer to the bank account number on the booking confirmation and / or the pro forma invoice with the communication mentioned therein.
The amounts mentioned on the page of presentation of the housing published on the site of the owner as for consumptions of energy correspond to an indicative and reasonable consumption taking into account the composition of the group of the participants to the stay declared by the customer during its reservation and of normal use and in good father of the house.
If the price of the rental of the holiday home includes flat-rate charges, the defined amounts cover a reasonable consumption in good father according to the number of people filled in by the client tenant to occupy the building during the stay.
The package can not under any circumstances, in a non-exhaustive way, cover the charging of electric vehicles, the installation of inflatable swimming pools or any other equipment not indicated on the page of presentation of housing published on the Website.
The use of resources for purposes other than those of the holiday home will result in the billing of surcharges generated at cost.
The method of calculating expenses is detailed on all pages referring to housing and its price. This may include, without this list being exhaustive, energy consumption, the tourist tax, the price of the rental of sheets and the costs related to the provision or maintenance of equipment specific.
Where the cost of certain mandatory expenses can not reasonably be calculated in advance in the context of a flat rate due to the nature of the charges, these charges are included in the price of the stay in an estimated manner and the amount communicated is non-contractual.
Unless otherwise stipulated, the client pays, if necessary, the deposit to the manager responsible for the reception, when handing over the keys to the accommodation and up to the amount mentioned in the contract.
In case of non-payment of this deposit, the owner can refuse to give the keys to the customer, without the latter being able to claim any compensation.
Without prejudice to the provisions referred to in Article 11, the deposit shall be returned to the customer, by the owner, at the end of the period of 15 working days referred to and after deduction, if applicable and in priority of all expenses generally any resulting damage or loss that the customer has caused to housing and / or its contents.
If the amount of damage is greater than or equal to the amount of the deposit, the tenant agrees to pay in addition the amount covering the charges and if necessary the costs related to the damage.
The customer expressly agrees that the return of the deposit is made only when an agreement will be reached between the customer and the owner regarding the settlement for possible rental damage and the charges and expenses referred to in the preceding paragraph or, to failure to reach agreement, when a final court decision has become final.
10.3. Responsibility of the tenant client
The customer acknowledges that he is civilly responsible only for the damage caused to the accommodation, to its contents, to its equipments, to thirds and / or their goods, by its fact or that of a person, and this including its hosts whose he must respond to unlawful or wrongful conduct, or unlawful, improper or improper use of the accommodation or its contents, theft or fire and the breach of his contractual obligations.
The costs incurred by the owner to return the housing, its contents, its equipment and / or its appendices in good condition, deducted, if necessary from a coefficient of obsolescence, will be retained on the deposit and, if the deposit is insufficient to cover these costs, billed to the customer by the owner.
The customer acknowledges that the responsibility of the owner can not in any way be engaged in case of damage caused during the stay to himself, his property, his visitors and accompanying persons.He undertakes, in this case, to formulate directly and exclusively his possible grievances to the owner.
The responsibility of the owner can not also be engaged or sought by the customer, in case of theft, fire or recourse of the owner of the housing against the customer, for example the damage caused to the housing made available.
10.3.2. Obligations of the customer upon his arrival
Unless otherwise stipulated on the stay ticket, the arrival of the client and the collection of the keys take place between 16 and 18 hours at the address of the accommodation provided.
If the customer is unable to present himself during this time slot, whatever the circumstances (eg traffic jams, strikes, etc.), he is obliged to personally inform the manager responsible for the reception by telephone. whose details are mentioned on the ticket-stay, and agree with it another time of arrival.
The customer has a period of 4 hours after entering the rented premises and, at the latest, until 10 pm on the day of arrival, to report to the owner, in accordance with the terms set out in article 11, any lack of conformity of the dwelling unit and / or its contents and / or equipment with the information communicated to it and those contained in the report of inventory of fixtures received.
The lack of manifestation of the customer within this period, will be considered as acknowledgment by the latter that the mentions appearing on the card home and / or on the report of entry are in conformity with the reality.
The report will then be considered as contradictory to the condition of the holiday home, its contents and its equipment at the time of its arrival.
10.3.3. Obligations of the tenant client during the stay
1- Being personally present during all the stay
The customer irrevocably declares to be informed that he assumes sole responsibility, the terms of which are detailed in this article 10.3.1. He therefore undertakes to be personally present in the accommodation made available to him for the duration of the stay.
2- Respect the destination of the accommodation
The customer agrees to enjoy the accommodation in good father, according to the use for which it is intended and the description that is made on the home page of the housing published on the site. He undertakes therefore to take cognizance of and to respect all the instructions of use formulated by the proprietaire or by the manager responsible for the reception with a view to the good progress of the stay.
The client agrees to respect the housing made available to him as well as his annexes and his environment including sound.
The customer agrees not to park vehicles in places not provided for this purpose (lawn, garden ...).It also agrees not to install temporary accommodation such as a tent, a mobile home, ...
3- Respect the legally authorized maximum capacity of the accommodation
The client undertakes to respect the maximum legally authorized capacity of the accommodation, as well as the possible prohibition of occupation of the accommodation by groups and / or for purposes not authorized by the special conditions of access to housing, as mentioned for certain goods on the website and on the stay-ticket.
In order to examine whether the legally authorized maximum capacity is respected, the total number of adults, adolescents, children and babies staying in the dwelling is considered, regardless of the number of beds and / or sleeping furniture physically available in the dwelling.
4- Respect the conditions relating to the presence of dogs
Dogs are not allowed.
The ban on the presence of dogs extends over the entire property of the accommodation made available including in the gardens and annexes.
5 - Respect the ban on smoking inside the holiday home
The customer agrees to respect and enforce the ban on smoking inside the holiday home to all persons staying in the holiday home.
The interior of the holiday home is considered to be any space isolated from the environment by walls, provided with a ceiling or false ceiling.
If necessary, the client agrees to ask the owners the most appropriate place to smoke outside the house and the most appropriate way to collect filters, tobacco and other waste from the action of smoking.
The owners of the holiday home rented can not be held responsible if however nuisance of cigarette odors were found due to non-compliance with this condition by previous tenants.
Unless otherwise stated, linen (including sheets, duvet covers, pillowcases, bath towels and dish towels) are not provided. The customer is required to bring with him this household linen. The customer is also required to cover the mattress with a cover or a sheet. The use of sleeping bags is not allowed. Failing this, the owner is entitled to deduct from the deposit the cost of cleaning the mattresses and all other bedding items made available to the customer.
7- Prohibition to use a fryer
Unless otherwise stipulated, the customer agrees that a fryer will not be used in the rented premises for the duration of the stay.
8 - Immediately report any defects in the rented premises
In the event that the renter client finds a defect in the rented premises that can be resolved in the short term during the stay, he MUST declare it to the owner, to the person appointed by him, or, the manager responsible for the reception as soon as possible. its findings to allow the owner to be able to give an appropriate response without delay.
Otherwise, the tenant will not be able to find the owner's liability.
In the event that a solution can not be provided immediately during the stay, the tenant customer has a maximum period of 48 hours after the end of the stay to file a claim in the manner specified in Article 11.
9- Possible rental damage
The customer undertakes to inform the owner, the person authorized by him, or, the manager responsible for the reception, without delay, and at the latest at the time of departure, of any damages, damages or losses caused to the accommodation, his content and / or equipment.
If the customer does not immediately report any damage, the owner (or the person authorized by the latter) has a period of five working days from the end of the lease to bring to the attention of the tenant a statement of damage damage or loss to the accommodation, its contents and / or equipment during the stay in accordance with the terms and conditions specified in Article 11.
If the tenant does not fulfill his obligations, he may be denied access to the accommodation.
In the same way, the owner will be entitled to terminate the contract during the stay, in accordance with article 7.1.B, if he becomes aware of an unlawful or improper use of the dwelling or of the behavior of the client or of a person or animal, which he has in his custody, causing or likely to cause embarrassment or a nuisance such as it jeopardizes the smooth running of the stay.
10.3.5. Obligations of the customer when he leaves
Unless otherwise stipulated on the stay ticket, the customer has the obligation to vacate the accommodation made available before 10 am on the last day of the stay, except weekends where the departure is allowed between 10 am and 8 pm.
The customer is required to return the accommodation, its contents and its equipment in the same state as that recorded in the report of the inventory of places of entry as well as in a perfect state of order and cleanliness.
The customer remains obliged, despite the end-of-stay cleaning performed by a third party, to return the swept home, to clean and store the dishes, to clean the electrical appliances (including the barbecue), to replace the furniture have been moved, leave the toilets in a clean state, sort the waste and put them in the indicated place, undo the beds and fold the sheets possibly made available.
The costs incurred by the owner due to non-compliance with the above obligations will be retained on the deposit and, if the deposit is insufficient to cover these cleaning costs, billed to the customer by the owner.
10.3.6. Insurance The tenant agrees to hold a valid insurance contract covering his liability in case of fire in the rented building.
Art. 11. Claims Management
11.1. Claims brought by the owner and rental damage
The owner (or the person authorized by him) has a maximum period of five working days from the end of the lease to bring to the attention of the tenant a statement of damage, damage or loss to housing, its contents and / or its equipment during the stay via, PRIORITY, the online form available.
The claim must be supported by evidence such as, without this list is exhaustive, photos, statement signed by the tenant, evidence of exchanges with him, copies of documents signed by the parties.
It is specified that failing for the tenant customer to terminate under the terms of article 9.2.1.any lack of conformity of the accommodation and / or its contents and / or equipment to the inventory report within 4 hours of entering the rented premises and, at the latest, until 10 pm on the day of the arrival, any deterioration of the good with regard to the findings in the minutes of the places of entry will be presumed to have been caused by the fact of the renting unless the tenant proves that this damage, damage or loss took place without his fault or that of a person, including his guests, or because of an animal, which he must answer.
The owner will have an estimate drawn up objectively in view of the contract, evaluating the cost of the work necessary for the restoration of the housing and / or its contents, taking into account, where appropriate, the obsolescence of the damaged property.
The costs incurred for repair and / or refurbishment will be levied in priority on the deposit.
11.2. Claims brought by the tenant customer
11.2.1.Non-compliance of rented premises
The tenant customer has a period of 4 hours after entering the rented premises and, at the latest until 10 pm on the day of arrival, to report to the owner by any lack of conformity of the accommodation and / or its contents and / or equipment in relation to the information communicated to it and to those which appear in the report of inventory of fixtures received.
The claim will be PRIORITIZED via the online form.
The claim must be supported by evidence such as, without this list is exhaustive, photos, evidence of exchanges with the owner.
The client's failure to show within this period will be considered as recognition by the latter that the mentions appearing on the house sheet and / or on the report of inventory of fixtures are in conformity with the reality so that no request can no longer be introduced on this account.
11.2.2. Defective rented premises
In the event that the renter client finds a defect in the rented premises that can be resolved in the short term during the stay, he MUST report it immediately to the owner, to the person appointed by him, or to the manager responsible for the reception. , in order to allow the owner to give a suitable answer without delay. Failing this, no claim under this head may be made in accordance with Article 10.3.3. 8 ° general conditions relating to the rental agreement.
Claims that can not be made during the stay or that have not been satisfactorily resolved during the stay must, in order to be admissible, be reported to the owner no later than 48 hours after the end of the stay.
The claim must be supported by evidence such as, without this list is exhaustive, photos, evidence of exchanges with the owner.
In this case, the owner will make every effort to adequately compensate the tenant.
Art. 12. Applicable law
The general conditions and the contract are governed by Belgian law.
Art. 13. Competent Judge
In the event of any dispute relating to the training, the interpretation or the execution of the general conditions and / or the contract, only the courts of the judicial district of Arlon will be competent.