1. General terms and conditions of sale

These general terms and conditions of sale form an integral part of the hotel contract. However, the booking conditions shall take precedence over these general terms and conditions of sale to the extent that they conflict with them. They may only be deviated from in writing. They shall apply to the exclusion of all general terms and conditions of sale appearing on the customer's documents insofar as they conflict with these general terms and conditions of sale.

2. Definitions contractor - customer

When these general terms and conditions of sale are applied, the term: "Contracting party" shall mean the natural or legal person who concludes a hotel reservation contract and/or is obliged to make a payment (in return); "Customer" shall mean the natural person(s) who intends to stay the night in a hotel. A person staying overnight at a hotel is not necessarily a contracting party: a hotel contract may be entered into by a third party on his behalf

3. Location of service performance

Service shall be provided at the hotel owner's place of business, unless otherwise agreed in writing.

4. Complaints scheme

Complaints regarding the service rendered shall only be accepted if sent by registered mail to the hotelier within seven calendar days of the service being completed.

5. Hotel contract

In accordance with the hotel contract, the hotel owner shall provide the customer with accommodation and the usual services. By usual services are meant the normal services of the hotel according to its category, including rooms and various common facilities, which are generally made available to the guest. 2 The contracting party is obliged to pay the agreed price.

6. Form of hotel contract

No form is prescribed for the contract. The contract is concluded from the express acceptance of the offer by the customer. In the case of a written contract, the hotelier shall state the client's arrival and departure dates along with the agreed price, the description of the agreed services and any advance payment arrangements.

7. Duration of the reserved overnight stay

If a customer reserves a certain number of overnight stays, the start and end dates must be specified in the hotel contract. The reservation then ends on the day specified in the hotel contract, no later than 11am. If the customer has not left the room by 11 am on the day of departure, an extra night will be charged at the rates in force at that time.

If a customer does not reserve a certain number of nights, the hotel contract shall be deemed to have been entered into for several consecutive days. In this case, notice of termination must be given by either party no later than 11 am on the following day for the reservation to be terminated. Cancellation by the hotel owner to the guest shall be deemed to be addressed to the contracting party. The notice of termination shall be confirmed to the contracting party in writing.

The contract will be considered terminated, on the day the customer leaves the room before 11am and all amounts due are paid.

8. Remote agreement

If the contract was concluded remotely, there is no right of withdrawal. With regard to consumers (within the meaning of Article I.1.2° of the Economic Code), the provision of Article VI.53, 12° of the Economic Code applies in this respect so that they do not have a right of withdrawal either.

9. Non-performance of the contract

Full or partial cancellation of a booking is possible by both parties up to 2 days before the day of arrival, without compensation.

In case of total or partial cancellation of a booking less than 2 days before the day of arrival, the cancelling party shall owe compensation to the other party for the amount of the reservation.

If the customer does not show up on the scheduled arrival date, a fixed compensation will be due in the amount of the full amount of the reservation.

If the hotel owner is unable to fulfil the contract on the expected date of arrival, it shall offer the guest other accommodation of equivalent or higher quality or category. Any difference in price shall be payable by the hotel owner.

10. Price

The price shall be that set out in the contract, unless the hotel owner is forced to adjust the price according to changes in its fixed and/or variable costs.

In that case, the price revision is done on the basis of the following price revision formula, which has been established in accordance with the applicable legal regulations and case law: P = p {a + b (S/s) + c (I/i)}

The following applies here:

- P = the new price
- p = the original price foreseen in the quotation
- a = the percentage of the price not eligible for revision (a >= 0.20)
- b= the percentage of labour costs in the total price
- S = the new wage index (the month prior to paying the invoice)
- s = initial wage index (the month preceding the date of the offer)
- c= the percentage of material costs in the total price
- I = the new material index (the month prior to paying the invoice)
- i = the original material index (the month preceding the date of the quotation)
- a + b + c = 1"

If the hotel owner finds it necessary to revise the price, it shall notify the contracting party and the guest in writing at least one month in advance or, if this is not possible, as soon as possible (if it is not the same person).

11. Payment modalities

The hotelier has the option to request full or partial prepayment (advance payment). See Article 23.

If the hotel owner receives a sum of money in advance on behalf of the contracting party, this shall be regarded as a deposit of the contractual price unless otherwise contractually agreed.

Hotel bills are payable in cash on presentation.

In case of partial dispute of the hotel bill, the undisputed part shall also be paid in cash. Unless otherwise provided, the hotelier shall not be under any obligation to accept cheques, dividends, credit cards or other deferred forms of payment, and payment must be made in the currency of the country where the hotel is located.

 The contractor is responsible for the payment of all services provided to the customer, including those determined at the time of the conclusion of the contract, unless otherwise stipulated in writing, making these costs chargeable to the customer.

Amounts not paid on their due date shall automatically be increased by default interest. With regard to consumers, this interest will be calculated in accordance with the legal interest rate which will commence as soon as a period of 14 calendar days following a first (free) notice of default has passed without the sums having been paid. Towards companies, default interest is due without notice of default. These interests are calculated in accordance with the Act of 2 August 2002 on combating late payment in commercial transactions. In addition, a lump-sum compensation of 10% on the outstanding amount is due, without prejudice to any legal and execution costs.

However, if the hotel owner fails to provide the contracted accommodation on the agreed arrival date or fails to provide other accommodation of an equivalent or higher quality or category in accordance with Article 9, paragraph 4, the contracting party shall be liable to pay liquidated damages amounting to EUR 175 per night not provided, subject to a maximum of EUR 350, plus the interest provided for in paragraph 7.

12. Breach of hotel contract

Any serious or repeated breach of the contractual obligations by one of the contracting parties gives the other party the right to terminate the contract immediately without notice and without having to pay damages to the breaching party.

13. Responsibility of the hotel owner for damages and hotel safekeeping

 The hotel owner shall not be responsible for damage if the damage results from an event which, despite taking the necessary precautions, made it impossible to avoid it in view of the circumstances and consequences (force majeure).

Likewise, the hotelier is not responsible for the damage resulting from the customer's mistake, even partial.

Hotel safekeeping is regulated by law by Articles 1952 et seq. of the (old) Civil Code quoted below.

Article 1952

"The hotel owner, as custodian, shall be liable for damage, destruction or theft of items brought to the hotel by a guest staying at the hotel; the storage of such items shall be regarded as storage out of necessity.

Items brought along are considered to be:
a)Which are located in the hotel during the time the guest has sleeping accommodation available there;
b)Which the hotelier or a person providing his services takes under his supervision outside the hotel during the time the guest has sleeping accommodation available there;
c)Which the hotelier or a person providing his services takes under his supervision inside or outside the hotel during a reasonable period of time before or after the time the guest has sleeping accommodation there; The liability referred to in this article shall be limited per claim to 100 times the accommodation price per day of the sleeping accommodation. The King may, where appropriate, determine the data for determining that price."

The Royal Decree of 24 June 1973 (B.S. 14 August 1973) stipulates that the daily rate for room hire (to which Article 1952(3) (old) of the Civil Code refers) includes the amount of the overnight rate as published by the hotelier plus a percentage (which may be provided) for the services offered.

Article 1953

"The hotel owner's liability shall be unlimited: a)If the items have been placed in the hands of the hotel owner or of persons providing his services for safekeeping; b)If he has refused to take into safekeeping items in respect of which he is obliged to take safekeeping; c)If the damage, destruction or theft of the items referred to in Article 1952 is the result of fault on the part of himself or persons providing his services.

The hotelier is obliged to keep securities, money or valuables for safekeeping;
he may refuse to accept them only if they are dangerous or if, taking into account the size of the hotel and the circumstances, they are of excessive commercial value or cause a nuisance.

He may require that the object entrusted to him is stored in a locked or sealed package."

Article 1954

"The hotelier shall not be liable to the extent that the damage, destruction or larceny is due to:
(a)the guest or a person accompanying him, employed by him or visiting him;
(b)force majeure; (c)armed theft;
(d)the nature or defect of the item;"

Article 1954bis

"The guest's rights shall be extinguished if he does not give notice of the damage incurred immediately after its ascertainment, except when the damage is caused by the fault of the hotelier or the persons providing him with their services."

Article 1954b

"Any statement or clause excluding or limiting 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 belonging to their cargo left on the spot, nor to live animals."

14. Responsibility of the customer/contractor

The customer and the contracting party shall be jointly and severally liable to the hotel owner for any damage caused to persons, the building, the fixtures and fittings of the hotel and places accessible to the public. Accordingly, the hotel owner may sue both the guest and the contracting party for damages.

15. Customer conduct

The customer must behave in accordance with the customs and regulations of the hotel where he is staying and these regulations are available for inspection by the customer. Any serious or repeated breach of these regulations shall entitle the hotelier to immediate termination of the contract without notice and without compensation.

16. Pets

 If a customer wishes to bring a pet to the hotel, he is obliged to check whether the hotel regulations allow this.
There are no pets allowed at Hotel Shamon. Breaches of this are in violation of the hotel regulations and will result in compensation to be paid to the hotel in accordance with Article 14 and will further also result in immediate termination of the contract, in accordance with Article 15.

17. Occupation and release of rooms: check in / check out

Unless contractually stipulated otherwise, rooms reserved for a customer must be available by 4 pm and customer rooms leaving the hotel must be vacated by 11 am.

18. Control of travellers

Upon arrival at the hotel, the customer must show his identity card to allow his registration on the police record sheet which he must sign.

19. Validity of reservation and late arrival

A reservation which has been accepted by the hotel owner shall only be valid until 22. In case of delay, the guest is required to inform the hotel owner of this and to state his exact time of arrival. A late arrival, i.e. an arrival after the agreed time, not reported by the guest, shall automatically cancel the hotel contract, and the hotel owner shall be entitled to damages. The compensation shall be set at the full reservation amount.

20. Force majeure and excessive aggravation of obligation

Any case of force majeure shall automatically release a party from any obligation, without the other party being able to claim compensation.

Force majeure is any event that constitutes an insurmountable impediment to the performance of an obligation beyond the control of the party invoking it. Cases of force majeure are those usually recognised as such according to the case law of the Supreme Court.

In any case, but not limitative, the following situations constitute force majeure for the hotel owner:

- accidents
- material breakage
- exceptional weather conditions or natural disasters
- fire
- strikes
- war and terrorism
- theft
- pandemics
- order by the government, including the order for compulsory closure, partial closure or operation under strict conditions

The hotelier claiming force majeure shall notify the customer in writing as soon as possible.

In the event of unforeseen circumstances which cause the performance of the contract to become excessively onerous, to such an extent that its performance can no longer reasonably be required, the contract and/or the price of the contract may be adjusted. The unforeseen circumstance must not be attributable to the contractor invoking it.

Initially, the parties themselves should renegotiate the hotel contract taking into account the changed circumstances.

21. Expiry of benefits granted

Any hotel bill that is the subject of a price reduction, refund or commission authorised by the hotelier shall expire in case of non-payment of the bill on the due date.

22. Advance

Advances representing 30% of the total amount for the contractually provided services shall be paid to the hotel owner immediately and no later than 2 months before the date of arrival. If payment is not made on time, the hotelier shall be entitled to cancel the hotel reservation without notice and without compensation.

23. Group reservations

In case discounts in favour of groups are granted, a group is understood to be at least 20 paying persons (customers) who actually check in at the hotel.

The final number of customers will be communicated to the hotelier at least one week before their arrival.

The specified number is binding for the settlement of the hotel bill.

In case of cancellation by a group, the following compensation will be applied:

1. 100% of the contract amount, less the deposit received, if the cancellation occurs on the very day the hotel contract starts.
2. 80% of the amount of the contract, less the deposit received, if the cancellation occurs on the previous day to that on which the hotel contract begins.
3. 50% of the contract amount, less the deposit received, if the cancellation occurs one week before the day on which the hotel contract starts.
4. 25% of the amount of the contract, less the deposit received, if the cancellation occurs four weeks before the day on which the hotel contract starts.
5. 0% of the amount of the contract, less the deposit received, if the cancellation occurs more than four weeks before the day on which the hotel contract starts.

24. Processing personal data

The hotelier will process the personal data of the customer - natural person in accordance with Regulation (EU) 2016/679 of the European Parliament and the Council (General Data Protection Regulation) and the Act of 30 July 2018 on the Protection of Natural Persons with regard to the Processing of Personal Data (B.S. 5 September 2018).

For any complaints relating to the processing of their personal data, the customer - natural person may address info@hotelshamon.be. To the extent that this does not lead to the desired result, the customer - natural person can turn to the Data Protection Authority (www.gegevensbeschermingsautoriteit.be).

25. Applicable law and competent court

The hotel contract is governed by Belgian law.

All disputes arising from the hotel contract shall be settled by the competent court in the hotel owner's place of business. If the guest is a consumer within the meaning of Article I.1, 2° of the Economic Code, this provision shall not affect the application of Article 624, 1°, 2° and 4° of the Judicial Code.