1.

These terms and conditions form an integral part of the hotel contract.

Any deviation from them must be in writing.

They apply to the exclusion of any general terms and conditions of sale contained in documents issued by the customer, insofar as they conflict with these terms and conditions.

2.

Quotations provided by the hotelier are non-binding and are made without any obligation.

3.

Services are provided at one of the hotelier’s premises, unless otherwise agreed in writing.

4.

Complaints regarding the services provided cannot be accepted unless they are received by the hotelier in writing within seven days of the service being provided.

You may submit these via our website, but they will only be legally valid if sent by registered post.

5.

The contracting parties

A person staying overnight in a hotel is not necessarily a contracting party: a hotel contract may be concluded in their name by a third party.

For the purposes of these general terms and conditions of sale, the term ‘contracting party’ refers to the natural or legal person who enters into a hotel booking contract and/or who is obliged to make a payment (as consideration). The term ‘customer’ refers to the

natural person(s) who intend(s) to stay at the hotel.

Any Guest who accepts and uses a room without a booking is automatically a contracting party and is also bound by these terms and conditions.

6.

The hotel contract

In accordance with the hotel contract, the hotelier is obliged to provide the Guest with accommodation and the usual services as specified.

This refers to the standard services of the hotel in accordance with its category, including the function rooms and the various communal facilities, which are generally made available to guests. The contracting party is obliged to pay the agreed price.

7.

Form of the contract

No specific form is required for the contract. The contract is concluded upon the contracting party’s acceptance of an offer made by the hotelier.

Acceptance of the offer is evidenced, amongst other things, by payment of the deposit or the

invoice, or by a credit card guarantee.

In the case of a written contract, the hotelier must state the customer’s arrival and departure dates, together with the agreed price and a description of the services requested.

8.

Duration of the booked stay

If a specific number of nights is booked by the guest, the start and end dates must be stated in the hotel contract and are binding on both parties. The contract ends on the day following the guest’s arrival, no later than 11.00 am, provided that no contract for more than one day has been requested and accepted.

If the number of nights booked is not specified, the hotel contract shall be deemed to have been concluded for several consecutive days. In that case, notice of termination, effective by 11.00 am the following day at the latest, must be given by one of the parties in order for the contract to be terminated. Any notice of termination given by the hotelier to the customer shall be deemed to have been addressed to the contracting party and shall be given in accordance with the provisions set out above. The notice of termination shall be confirmed in writing to the contracting party.

The hotelier is entitled, during busy periods (such as, without this list being exhaustive, school holidays, the summer months, etc.), to require a minimum number of nights’ accommodation

and may amend this if he deems it necessary (with the exception of contracts that have already been concluded).

9.

Performance of the contract

The hotelier and the contracting party are obliged to comply with the provisions set out in the contract.

10.

Non-performance of the contract

If the hotelier is unable to perform the contract, they are obliged to offer the customer alternative accommodation of an equivalent or higher quality or category. Any resulting price difference shall be borne by the hotelier. The hotelier shall under no circumstances be liable for any indirect loss suffered by the customer or third parties.

11.

Termination of the contract

No contract may be terminated prior to its full performance, unless

by mutual agreement between the parties, provided that such termination falls outside the stipulated notice period (see ‘Cancellation’ section).

Each hotelier has the option to determine the notice periods and compensation for breach of contract, other than those provided for here; these shall be agreed between the parties at the time the contract is concluded. (Section: Cancellation)

12.

Payment

The hotelier requires full payment in advance upon receipt of the written booking. This payment must be made by bank transfer or via a payment link. Only upon receipt of this advance payment is the hotelier obliged to honour this contract.

If the hotelier receives a sum of money in advance from the contracting party, this shall be regarded as an advance payment towards the contractual price, unless otherwise stipulated in the contract.

Hotel bills are payable in cash upon presentation and must be settled before the guest’s departure, unless otherwise specified in advance in the contract. (Groups within 14 days of the invoice date) For stays of 12 days or more, a hotel bill will be issued every 7 days, which must be paid within 24 hours; any advance payment will be settled at the end of the stay, unless otherwise specified in advance. For convenience, guests’ hotel bills may be combined with the contracting party’s hotel bill, but shall continue to be regarded as outstanding until payment is made.

In the event of refusal to pay, the hotelier is entitled to terminate the hotel contract with immediate effect, to deny the guest access to their room and to exercise a right of retention.

In the event of a partial dispute regarding the hotel bill, the undisputed portion must also be paid in cash.

Unless otherwise specified, the hotelier is under no obligation to accept cheques, dividends, credit cards or other deferred payment instruments, and payment must be made in €.

The contracting party is responsible for paying for all services provided to the guest, including those specified at the time the contract was concluded, unless otherwise stipulated in writing, in which case these costs shall be borne by the guest.

All promotions, packages or discounts forming part of the contract must be paid for in cash (i.e. not by cheques, dividends, credit cards or other deferred payment instruments)

or paid in full by bank transfer prior to the date of arrival. The applicable discounts will be applied to your booking.

13.

Termination of the contract

Any serious or repeated breach of the contractual obligations (e.g. failure to pay the hotel bill within the specified period) entitles the hotelier to terminate the contract with immediate effect and without prior notice, without prejudice to the hotelier’s right to compensation.

The same right applies if the guest repeatedly causes excessive disturbance (physical or verbal abuse, drunkenness, night-time noise, vandalism, behaviour that disrupts the stay of other guests, etc.).

14.

Liability of the hotelier and hotel safekeeping

The hotelier shall not be liable where the damage arises from an event which, despite having taken all necessary precautions, he was unable to avoid given the circumstances and the consequences (force majeure).

Nor is the hotelier liable for damage resulting from the fault, even

partial, of the guest.

Furthermore, the guest is obliged to use the safe provided in their room for their valuables (where possible).

The Civil Code (Act of 4 July 1972, Belgian Official Gazette 19 August 1972) governs the deposit of property in hotels; the relevant articles are set out below:

Article 1952: The hotelier, as a bailee, is liable for damage to, destruction of or theft of items which a guest who checks into and stays at the hotel

brings with them to the hotel. The deposit of such items must be regarded as a deposit by necessity. The following items are deemed to be items brought with the guest:

1. Which are located in the hotel during the period in which the guest has accommodation available there.
2. Which the hotelier or a person providing services to him takes into his custody outside the hotel, under his supervision, during the period in which the guest has accommodation available there.
3. Which the hotelier or a person providing services to him takes into his care, either inside or outside the hotel, for a reasonable period before or after the time during which the guest has accommodation available there.

The liability referred to in this article is limited, per claim, to 100 times the daily rate for the accommodation. The King may, where appropriate, determine the

criteria for setting that price. The Royal Decree of 24 June 1973 (Belgian Official Gazette 14 August 1973) stipulates that the daily rate for room hire (to which Article 1952(3) refers) comprises the amount of the overnight rate, as published by the hotelier, plus a percentage (where applicable) for the services provided.

Article 1953: The hotelier’s liability is unlimited:

1. Where the goods have been entrusted to the hotelier or to persons providing services to him for safekeeping.
2. Where he has refused to take items into safekeeping in respect of which he is obliged to do so.
3. Where the damage, destruction or theft of the items referred to in Article 1952 is the result of fault on his part or on the part of persons providing services to him.

The hotelier is obliged to accept securities, money or valuables for safekeeping. He may refuse to accept them for safekeeping only if they are dangerous or if, taking into account the size of the hotel and the circumstances, they have an excessive commercial value or cause a nuisance. He may require that the item entrusted to him be stored in a locked or sealed container.

Article 1954: The hotelier shall not be liable in so far as the damage, destruction or theft is attributable to:

4. a) The guest or a person accompanying him, employed by him or visiting him.
5. b) Force majeure.
6. c) Theft committed by force of arms.
7. d) The nature or defect of the item

Article 1954bis: The guest’s rights shall lapse if he fails to give notice of the damage sustained immediately after it is discovered, unless the damage was caused by the fault of the hotelier or of the persons providing services to him.

Article 1954ter: Any declaration or clause which excludes or limits the hotelier’s liability for the harmful event shall be null and void. Article 1954quater: Articles 1952, 1953 and 1954bis do not apply to vehicles,

nor to items forming part of their load that have been left on the premises, nor to live animals.

15.

The liability of the guest/contracting party

The guest and the contracting party are jointly and severally liable to the hotelier for any damage caused to persons, the building, the furniture or the equipment of the hotel and the areas accessible to the public, caused by themselves, visitors, pets and other persons associated with them.

16.

Retention of items brought by the customer.

The hotelier is entitled, as security for the payment of sums owed to him, to retain and, ultimately, to sell any items of commercial value brought by the customer and all associated items.

17.

The guest’s conduct

The guest must conduct themselves in accordance with the customs and regulations of the hotel where they are staying; these regulations are available for the guest to consult.

Any serious or repeated breach of these regulations entitles the hotelier to terminate the contract immediately without prior notice. 18.

Pets

If a guest wishes to bring a pet to the hotel, they must notify the hotelier in advance before bringing the animal onto the premises. They remain responsible for the pet and must never leave it unattended. A flat-rate charge will also be applied for the pet. The hotelier may, at any time and without giving reasons, refuse to admit a pet.

 

18.

Check-in and check-out

Unless otherwise stipulated in the contract, rooms reserved for a guest must be available by 3.00 pm, and rooms vacated by guests leaving the hotel must be vacated by 10.00 am. If the room is not available by 3.00 pm, the guest is entitled to the same waiting period after 10.00 am, but no later than 2.00 pm. If the guest has not vacated their room by 11.00 at the latest, the hotelier is entitled to charge for one additional night’s accommodation, plus any damages resulting from the late departure.

19.

Check-in of guests

Upon arrival at the hotel, the guest is required to present their identity card so that they can be registered on the police record form, which they must sign.

20.

Late arrival

A late arrival, i.e. after 10.00 pm, which has not been notified by the guest, automatically entitles the hotelier to terminate the hotel contract, with the right to claim compensation.

Telephone booking

A telephone booking accepted by the hotelier is only valid until 5.00 pm, provided it is a booking for the same day and the necessary credit card details have not been provided in writing.

In the event of a delay, the guest is obliged to notify the hotelier in advance and to specify their exact time of arrival; failure to do so automatically triggers the right to terminate the hotel contract, with the hotelier being entitled to compensation.

21.

Any sums not paid by their due date shall, by operation of law and without the need for notice of default, be subject to default interest. The rate of this interest shall be the rate applied by the “Belgian Banking Association”

to overdraft facilities, plus 2 per cent. In the event of non-payment of the invoice, the contracting party shall also be liable to pay a fixed compensation of 15 per cent of the invoice amount. The hotelier is then authorised to suspend all other services until full payment has been made. Invoices not yet due shall also become immediately payable in full.

22.

Any price reduction, refund or commission granted by the hotelier shall lapse in the event of non-payment of the bill on the due date. 25.

Cancellation of bookings during the stay

In the event of serious and proven reasons (illness, accident, death of the guest or their partner, parents, children, brother or sister), a charge will be made for the day on which the stay commenced at most, and the hotelier is free to charge for that day’s services. In cases for which the hotelier is neither responsible nor liable, or where no evidence can be provided of serious and proven reasons, the guest shall pay 100 per cent of the cost of the day already commenced and half of the cost of the remaining booked period, calculated on a pro rata basis according to the price specified in the booking.

23.

The advance payments, as specified in the confirmation letter, must be paid to the hotelier immediately and no later than the day halfway between the date of booking and the date of arrival.

In the event of non-payment, the hotelier is entitled to cancel the hotel booking without prior notice.

24.

Where discounts are granted for groups, a ‘group’ is defined as a minimum of 10 paying guests who actually check in at the hotel.

The final number of guests must be notified to the hotelier at least one week before their arrival. The number provided is binding for the settlement of the hotel bill.

In the event of cancellation by the contracting party, the following compensation charges shall apply:

– 100 per cent of the contract amount, less any deposit received, if the cancellation takes place 2 days before the scheduled arrival date.

– 50% of the contract amount, less any deposit received, if the cancellation is made between the 7th and, at the latest, the 3rd day before the scheduled arrival date.

No compensation is payable if the cancellation is made more than 7 days before the scheduled arrival date. In the event of cancellation by the hotelier for reasons other than force majeure, unforeseen circumstances, staff shortages or technical problems, the hotelier may choose either to provide equivalent accommodation as described in clause 10 or to pay the contracting party the compensation specified above.

25.

Vouchers and/or gift vouchers are only valid once they have been paid for in full. They are valid for one year from the date of payment. After one year, 50 per cent of the value expires, whilst the remaining 50 per cent may still be used for a further year. After two years, they expire in full.

Advance payments are subject to the same provisions as set out above.

Vouchers issued in favour of a contracting party expire in full one year after delivery by the hotelier.

26.

In the event of invoicing in the name of a legal entity, the directors, together with the legal entity, are jointly and severally liable for payment.

27.

The fact that the hotelier does not apply a particular clause stipulated in their favour in these general terms and conditions cannot be interpreted as a waiver on their part of the right to invoke it.

28.

The fact that the contracting party has not received the general terms and conditions in their legal mother tongue does not exempt them from their application, unless they have requested a translation thereof. Should the translation give rise to a different interpretation, the original Dutch version shall take precedence over the translation.

29.

The possible invalidity of one or more provisions of these general terms and conditions shall in no circumstances result in the invalidity of the entire agreement. The other provisions shall therefore remain fully applicable.

All disputes arising from this agreement shall be settled before the competent court in Bruges.