GENERAL CONDITIONS OF SALE
1. General terms and conditions of sale
These general terms and conditions of sale form an integral part of the hotel contract. However, the reservation conditions take precedence over these general terms and conditions of sale insofar as they conflict with them. Deviation from this can only be done in writing. They apply to the exclusion of all general terms and conditions of sale appearing on the documents issued by the customer insofar as they conflict with these general terms and conditions of sale.
2. Definitions of contractor – customer
When applying these general terms and conditions of sale, the term: "Contractor" means: the physical or legal person who concludes a contract for hotel reservations and/or who is obliged to make a payment (in return); “Customer”: the physical person(s) who intends to complete a hotel stay. A person who spends the night in a hotel is not necessarily a contractor: a hotel contract can be concluded on his behalf by a third party
3. Place of service performance
The services are provided at the hotel owner's place of business, unless otherwise agreed in writing.
4. Complaints procedure
Complaints regarding the services provided will only be accepted if they are sent by registered mail to the hotel owner within seven calendar days after the service has been completed.
5. Hotel contract
In accordance with the hotel contract, the hotelier is obliged to provide the customer with accommodation and the usual services. By usual services are meant the usual services of the hotel according to its category, including the rooms and the various common facilities, which are generally made available to the customer. 2 The contractor is obliged to pay the agreed price.
6. Form of the hotel contract
No form is prescribed for the contract. The contract is concluded from the express acceptance of the quotation by the customer. In the case of a written contract, the hotelier must state the arrival and departure dates of the customer together with the agreed price, the description of the agreed services and any advance payment arrangement.
7. Duration of the reserved overnight stay
If a customer reserves a certain number of nights, the start and end dates must be stated in the hotel contract. The reservation then ends on the day stated in the hotel contract, no later than 11 am. If the customer has not vacated the room by 11 a.m. on the scheduled day of departure, an additional night will be charged at the rates applicable at that time.
If a customer does not reserve a certain number of nights, the hotel contract is considered to have been concluded for several consecutive days. In that case, notice of termination must be given by one of the parties no later than 11 a.m. the following day so that the reservation can be terminated. A notice of termination from the hotelier to the customer will be considered as being addressed to the contracting party. The cancellation will be confirmed in writing to the contractor.
The contract will be considered terminated on the day the customer vacates the room before 11 a.m. and all amounts due have been paid.
8. Distance contract
If the distance contract was concluded, there is no right of withdrawal. With regard to consumers (within the meaning of Article I, 1.2° Code of Economic Law), the provision of Article VI.53, 12° Code of Economic Law applies, so that they also do not have a right of withdrawal.
9. Failure to perform the contract
Complete or partial cancellation of a booking is possible by both parties up to 2 days before the day of arrival, without compensation.
In the event of full or partial cancellation of a booking less than 2 days before the day of arrival, the canceling party owes compensation to the other party equal to the amount of the reservation.
If the customer does not show up on the scheduled arrival date, a lump sum compensation amounting to the full amount of the reservation will be due.
If the hotelier is unable to execute the contract on the anticipated arrival date, he is obliged to offer the customer other accommodation of an equivalent or higher quality or category. Any resulting price difference will be borne by the hotelier.
10. Price
The price is as stated in the contract, unless the hotelier is forced to adjust the price to the evolution of his fixed and/or variable costs.
In that case, the price revision is done on the basis of the following price revision formula, which was drawn up in accordance with the applicable legal regulations and case law: P = p {a + b (S/s) + c (I/i)}
The following applies:
- P = the new price
- p = the original price provided for in the quotation
- a = the percentage of the price not eligible for revision (a >= 0.20)
- b= the percentage of labor costs in the total price
- S = the new wage index (the month preceding the payment of the invoice)
- s = the original wage index (the month preceding the date of the quotation)
- c= the percentage of the material costs in the total price
- I = the new material index (the month preceding the payment of the invoice)
- i = the original material index (the month preceding the date of the quotation)
- a + b + c = 1”
The hotelier who is forced to implement a price revision shall notify the contracting party and the customer in writing at least one month in advance, or if this is not possible, as soon as possible (insofar as it does not concern the same person).
11. Payment terms
The hotel owner has the option to request full or partial advance payment. See article 23.
If the hotel owner receives a sum of money in advance from the contracting party, this will be considered as a payment of an advance on the contractual price unless otherwise agreed contractually.
Hotel bills are payable in cash upon presentation.
In the event of a partial dispute of the hotel bill, the undisputed portion must also be paid in cash. Unless otherwise stated, the hotelier is under no obligation to accept cheques, dividends, credit cards or other deferred payment vouchers and payment must be made in the currency of the country where the hotel is located.
The contractor is responsible for payment for all services provided to the customer, including those determined at the time of conclusion of the contract, unless otherwise agreed in writing, whereby these costs are charged to the customer.
The sums of money that are not paid on their due date will be increased by operation of law with late payment interest. To consumers, this interest is calculated in accordance with the statutory interest rate that will commence when a period of 14 calendar days after a first (free) notice of default has elapsed without the sums of money being paid. Default interest is owed to companies without notice of default. This interest is calculated in accordance with the law of 2 August 2002 on combating late payment in commercial transactions. In addition, a lump sum compensation of 10% of the outstanding amount is due, without prejudice to any legal costs and implementation costs.
On the other hand, a hotelier who fails to offer the contractually agreed accommodation or to offer other accommodation of an equivalent or higher quality or category on the anticipated arrival date in accordance with Article 9, paragraph 4, shall be liable to pay to the contracting party liquidated damages amounting to of EUR 175 per agreed and unprovided overnight stay with a maximum of EUR 350, compensation which is automatically increased by the interest provided for in paragraph 7.
12. Termination of the hotel contract
Any serious or repeated breach of contractual obligations by one of the contracting parties entitles the other party to terminate the contract immediately without notice and without having to pay compensation to the breaching party.
13. Responsibility of the hotel owner for damage and hotel deposit
The hotelier is not responsible for damage if the damage results from an event that, despite the necessary precautions, given the circumstances and the consequences, made it impossible for him to avoid (force majeure).
Likewise, the hotelier is not responsible for damage resulting from the customer's fault, even partial.
Hotel safekeeping is legally regulated by Articles 1952 et seq. of the (old) Civil Code, which are quoted below.
Article 1952
“The hotelier, as custodian, is liable for damage, destruction or theft of items brought to the hotel by a guest who moves into and stays at the hotel; the safekeeping of those items must be regarded as a safekeeping out of necessity.
Items brought along are considered to be items:
a) which are in the hotel during the time that the guest has sleeping accommodation available;
b) Which the hotelier or a person who provides his services outside the hotel takes under his supervision during the time that the guest has a sleeping accommodation available there;
c) Which the hotelier or a person who provides his services within or outside the hotel takes under his supervision for a reasonable period before or after the time that the guest has a sleeping accommodation available there; The liability referred to in this article is limited per claim to 100 times the accommodation price per day of the sleeping accommodation. Where appropriate, the King may determine the data for determining that price.”
The Royal Decree of 24 June 1973 (BS 14 August 1973) stipulates that the daily rate for room rental (to which Article 1952, paragraph 3 (old) of the Dutch Civil Code refers) includes the amount of the overnight accommodation price, as published by the hotelier, plus a percentage (which may be provided) for the services offered.
Article 1953
“The liability of the hotelier is unlimited: a) When the goods have been placed for safekeeping in the hands of the hotelier or of persons who provide him with his services; b) When he has refused to take into custody items for which he is obliged to keep them; c) When the damage, destruction or theft of the property referred to in Article 1952 is the result of the fault of himself or of persons who provide him with their services.
The hotel owner is obliged to take custody of securities, money or valuables;
he may only refuse their custody if they are dangerous or if, taking into account the size of the hotel and the circumstances, they have an excessive commercial value or if they cause a nuisance.
He may require that the object entrusted to him is stored in a closed or sealed container.”
Article 1954
“The hotelier is not liable to the extent that the damage, destruction or theft is due to:
a) the guest or a person who accompanies him, is employed by him or visits him;
b)force majeure; c) armed theft;
d)the nature or defect of the item;”
Article 1954bis
“The rights of the guest are extinguished if he does not notify this immediately after the damage has been incurred, except when the damage is caused by the fault of the hotelier or the persons who provide him with their services.”
Article 1954ter
“Any statement or clause excluding or limiting the liability of the hotel owner for the harmful event is null and void.”
Article 1954quater
“Articles 1952, 1953 and 1954bis do not apply to vehicles, nor to items belonging to their cargo and left on site, nor to live animals.”
14. Responsibility of the customer/contractor
The customer and the contractor are jointly responsible to the hotel owner for any damage caused to persons, the building, the furniture or equipment of the hotel and the places accessible to the public. The hotelier can therefore sue both the customer and the contractor for compensation for the damage suffered by him.
15. Customer behavior
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 infringement of these regulations gives the hotelier the right to immediately terminate the contract without notice and without compensation.
16. Pets
If a customer wishes to bring a pet to the hotel, he is obliged to ensure that the hotel regulations allow this. Pets
are not allowed in Hotel Shamon. Infringements against this are contrary to the hotel regulations and will lead to compensation to be paid to the hotel in accordance with Article 14 and will also lead to the immediate termination of the contract in accordance with Article 15.
17. Occupancy and vacancy of the rooms: check in / check out
Unless otherwise stated in the contract, the rooms reserved for a customer must be available at 4 p.m. and the customer's rooms leaving the hotel must be vacated before 11 a.m.
18. Checking the travelers
Upon arrival at the hotel, the customer is required to show his identity card in order to allow his registration on the police card, which he must sign.
19. Validity of reservation and late arrival
A reservation accepted by the hotelier is only valid until 22. In the event of a delay, the customer is obliged to notify the hotelier and indicate his exact arrival time. A late arrival, i.e. arrival after the agreed time, which was not signaled by the customer, automatically causes the termination of the hotel contract, with the hotelier entitled to compensation. The compensation is determined at the full reservation amount.
20. Force majeure and excessive aggravation of the obligation
Any case of force majeure automatically releases a party from any obligation, without the other party being able to claim compensation.
Force majeure is any event that constitutes an insurmountable obstacle to the fulfillment of an obligation, beyond the control of the party invoking it. Cases of force majeure are those that are usually recognized as such according to the case law of the Court of Cassation.
In any case, but not limited to, the following situations constitute force majeure for the hotelier:
- accidents
- material breakage
- exceptional weather conditions or natural disasters
- fire
- strikes
- war and terrorism
- theft
- pandemics
- government order, including the order for mandatory closure, partial closure or operation under strict conditions
. The hotelier who invokes force majeure brings This will be communicated to the customer in writing as soon as possible.
In the event of unforeseen circumstances that ensure that the execution of the agreement has become excessively onerous, to such an extent that its execution can no longer reasonably be required, the agreement and/or the price of the agreement can be adjusted. The unforeseen circumstance may not be attributable to the contractor who relies on it.
Initially, the parties must renegotiate the hotel contract themselves, taking into account the changed circumstances.
21. Expiry of granted benefits
Any hotel bill subject to a price reduction, refund or commission authorized by the hotelier will be forfeited in the event of non-payment of the bill on the due date.
22. Deposit
The advances representing 30% of the total amount for the contractually provided services must be paid immediately to the hotelier and at the latest 2 months before the date of arrival. In the absence of timely payment, the hotelier has the right to cancel the hotel reservation without notice and without compensation.
23. Group reservations
If discounts are allowed for groups, a group is defined as a minimum of 20 paying persons (customers) who actually register 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 the event of cancellation by a group, the following damages will be applied:
· 100% of the amount of the contract, less the advance payment received, if the cancellation takes place on the day the hotel contract commences.
· 80% of the amount of the contract, less the advance payment received, if the cancellation takes place on the day previous to that on which the hotel contract commences.
· 50% of the amount of the contract, less the advance payment received, if the cancellation is made one week in advance of the day on which the hotel contract commences.
· 25% of the amount of the contract, less the advance payment received, if the cancellation is made four weeks in advance of the day on which the hotel contract commences.
· 0% of the contract amount, less the advance payment received, if the cancellation occurs more than four weeks in advance of the day on which the hotel contract commences.
24. Processing personal data
The hotelier will process the personal data of the customer - natural person in accordance with the Regulation (EU) 2016/679 of the European Parliament and of the Council (General Data Protection Regulation) and the Act of 30 July 2018 on the protection of natural persons with regard to to the processing of personal data (BS 5 September 2018).
For any complaints regarding the processing of his personal data, the customer - natural person - can contact info@hotelshamon.be . To the extent that this does not lead to the desired result, the customer - natural person - can contact 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 will be settled before the competent court of the hotel owner's place of business. If the customer is a consumer within the meaning of Article I.1, 2° Code of Economic Law, this provision does not affect the application of Article 624, 1°, 2° and 4° of the Judicial Code.