General conditions
1.
These terms and conditions form an integral part of the hotel agreement. Deviations are only possible in writing. They apply to the exclusion of all general terms and conditions appearing on documents issued by the customer insofar as they conflict with these terms.
2.
Price quotations by the hotelier are without obligation and made without any commitment.
3.
The services are performed at the establishment of the hotelier, namely Normandielaan 18/20 De Haan, unless otherwise agreed in writing.
4.
Complaints regarding the services provided cannot be accepted unless they reach the hotelier in writing within seven days after delivery. You can do this via our website, but they will only be legally valid if sent by registered mail.
5.
The contracting parties
A person who stays overnight in a hotel is not necessarily a contracting party: a hotel contract can 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 concludes a hotel reservation contract and/or is obliged to make a payment (as consideration). The term “customer” refers to the natural person(s) intending to complete a hotel stay. A customer who accepts and uses a room without a reservation is automatically a contracting party and is also bound by these terms.
6.
The hotel contract
In accordance with the hotel contract, the hotelier is obliged towards the customer to provide accommodation and the usual services as stated. This refers to the ordinary services of the hotel according to its category, including the various common facilities generally made available to customers. The contracting party is obliged to pay the agreed price.
7.
Form of the contract
No specific form is prescribed for the contract. The contract is concluded upon acceptance by the contracting party of an offer from the hotelier. Acceptance of the offer is evidenced, among other things, by payment of the deposit or 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 the description of the requested services.
8.
Duration of the reserved stay: If a specific number of nights is reserved by the customer, 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 customer’s arrival and at the latest at 11:00, if no contract for more than one night was requested and accepted. If the number of reserved nights is not determined, the hotel contract is deemed to be concluded for multiple consecutive days. In that case, termination, taking effect the following day at the latest at 11:00, must be given by one of the parties for the contract to be terminated. Termination by the hotelier to the customer will be considered addressed to the contracting party and will occur according to the above provisions. The termination is confirmed in writing to the contracting party. During busy periods (such as, without aiming to be exhaustive, school holidays, summer months, etc.), the hotelier has the right to require a minimum number of nights and may modify this if deemed necessary (excluding contracts already concluded).
9.
Performance of the contract
The hotelier and the contracting party are obliged to comply with the provisions included 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 equivalent or higher quality or category. Any price difference resulting therefrom is borne by the hotelier. The hotelier can never be held liable for compensating any indirect damage suffered by the customer or third parties.
11.
Dissolution of the contract
No contract can be dissolved before full performance, except by mutual agreement between the parties, provided this occurs outside the stipulated notice period (cancellation section). Each hotelier may set notice periods and compensation for breach of contract other than those provided here, to be agreed between the parties at the time of concluding the contract (cancellation section).
12.
Payment
The hotelier requests full or partial prepayment on the written or oral reservation. Only upon receipt of this prepayment is the hotelier obliged to honor the contract. If the hotelier receives an advance payment from the contracting party, it will be considered a deposit on the contractual price unless otherwise contractually agreed. For every reservation, the contracting party must provide their credit card details fully and correctly in writing and authorizes the hotelier, in the event of cancellation or no-show, to debit the card with the amount provided in the notice periods or the compensation for breach of contract. The hotelier remains free to exercise this right or not. Hotel bills are payable immediately upon presentation and must be settled before the customer’s departure, unless otherwise determined in advance in the contract. In case of refusal to pay, the hotelier has the right to terminate the hotel contract immediately, deny the customer access to their room, and exercise the right of retention. In the event of partial dispute of the hotel bill, the undisputed part must also be paid in cash. Unless otherwise specified, the hotelier is not obliged to accept cheques, dividends, credit cards or other deferred payment instruments and payment must be made in €. The contracting party is responsible for payment of all services provided to the customer, including the services determined when concluding the contract, unless otherwise specified in writing, whereby these costs are charged to the customer. All promotions, packages or discounts that are part of the contract must be paid in cash (that is, not by cheques, dividends, credit cards or other deferred payment instruments) or be 100% paid before the arrival date by bank transfer. Granted discounts apply upon your request.
13.
Termination of the contract
Any serious or repeated breach of contractual obligations (e.g. failure to pay the hotel bill within the stipulated period) gives the hotelier the right to immediately terminate the contract without notice, without prejudice to the hotelier’s right to compensation. The same right applies if the customer repeatedly causes excessive nuisance (physical or verbal violence, drunkenness, night-time noise, vandalism, behavior disturbing other customers’ stay, etc.).
14.
Liability of the hotelier and hotel deposit
The hotelier is not liable when the damage results from an event which, despite necessary precautions, given the circumstances and their consequences, made it impossible to avoid (force majeure). Likewise, the hotelier is not liable for damage resulting from the customer’s fault, even partially. The customer is also bound to use the safe available in the room for valuable items (to the extent possible).
The Civil Code (Law of 4 July 1972, Belgian Official Gazette of 19 August 1972) governs the hotel deposit, the articles of which are set out below:
Article 1952: The hotelier, as custodian, is liable for damage, destruction or theft of items which a guest who takes lodging at the hotel brings to the hotel. The custody of such items must be considered custody out of necessity. Items brought are deemed to be:
1. Those which are in the hotel during the time that the guest has a sleeping accommodation at their disposal.
2. Those which the hotelier or a person rendering services to them takes under their supervision outside the hotel during the time that the guest has a sleeping accommodation at their disposal.
3. Those which the hotelier or a person rendering services to them takes under their supervision inside or outside the hotel during a reasonable period before or after the time that the guest has a sleeping accommodation at their disposal. The liability referred to in this article is limited per incident to 100 times the daily room price of the sleeping accommodation. The King may, where appropriate, determine the data used to establish that price. The Royal Decree of 24 June 1973 (Belgian Official Gazette of 14 August 1973) stipulates that the daily price for room rental (to which Article 1952, paragraph 3 refers) includes the amount of the overnight price as published by the hotelier, increased by a percentage (if any is provided) for the services offered.
Article 1953: The hotelier’s liability is unlimited:
1. When the items have been handed over to the hotelier or to persons rendering services to them for safekeeping.
2. When the hotelier has refused to take into custody items which they are obliged to safeguard.
3. When the damage, destruction or theft of the items referred to in Article 1952 is the result of fault by the hotelier or by persons rendering services to them. The hotelier is obliged to take into custody securities, money or valuable items. They may refuse such custody only if the items are dangerous or if, considering the size of the hotel and the circumstances, they have an excessive commercial value or cause nuisance. The hotelier may require that the entrusted item be stored in a closed or sealed container.
Article 1954: The hotelier is not liable insofar as the damage, destruction or theft is due to:
4. a) The guest or a person accompanying them, in their service or visiting them.
5. b) Force majeure.
6. c) Theft committed at gunpoint.
7. d) The nature or defect of the item.
Article 1954bis: The guest’s rights lapse if they do not immediately notify the discovery of the damage suffered, unless the damage was caused by the fault of the hotelier or of persons rendering services to them. Article 1954ter: Any statement or clause excluding or limiting the hotelier’s liability 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 load left on site, nor to live animals.
15.
Liability of the customer/contracting party
The customer and the contracting party are jointly and severally liable towards 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 related to them.
16. Retention (right of retention) of items brought by the customer.
The hotelier has the right, as security for payment of amounts due to them, to retain and ultimately sell items of commercial value brought by the customer, together with all accessories.
17.
Customer conduct
The customer must behave in accordance with the customs and regulations of the hotel where they are staying, and these regulations are available for consultation by the customer. Any serious or repeated violation of these regulations gives the hotelier the right to immediately terminate the contract without prior notice.
18.
Pets
If a customer wishes to bring a pet to the hotel, they are obliged to inform the hotelier in advance before bringing the animal. The customer remains responsible and may never leave it alone. A flat rate is also charged for the animal. The hotelier may, without justification, refuse to admit an animal at any time.
19.
Occupancy and vacating of rooms
Unless otherwise contractually agreed, rooms reserved for a customer must be available at 16:00 and rooms of customers leaving the hotel must be vacated before 11:00. If the room is not available at 16:00, the customer has the right to use the same waiting time after 11:00, but no later than 13:00. If the customer has not vacated their room by 11:00 at the latest, the hotelier has the right to charge an additional night, increased by any damages resulting from late departure.
20.
Traveller verification
Upon arrival at the hotel, the customer is required to present their identity card to allow registration on the police form, which they must sign.
21.
Late arrival
A late arrival, i.e. after 22:00, not reported by the customer, automatically entitles the hotelier to terminate the hotel contract, with the right to compensation in favor of the hotelier.
22.
Telephone reservation
A telephone reservation accepted by the hotelier is only valid until 17:00, provided it concerns a reservation for the same day and the necessary credit card details have not been communicated in writing. In case of delay, the customer is obliged to inform the hotelier in advance and to provide their exact arrival time; failing this, it automatically entitles the hotelier to terminate the hotel contract, with the right to compensation in favor of the hotelier.
23.
Amounts of money not paid on their due date are, by operation of law and without formal notice, increased by late-payment interest. The rate of this interest corresponds to the interest applied by the “Belgian Association of Banks” to cash credits, increased by 2%. In case of non-payment of the invoice, the contracting party will also owe a lump-sum indemnity of 15% of the invoice amount. The hotelier is then authorized to suspend all other services until full payment. Invoices not yet due also become immediately payable in full.
24.
An allowed price reduction, refund or commission granted by the hotelier lapses in the event of non-payment of the invoice on the due date.
25.
Cancellation of reservations during the stay
For serious and proven reasons (illness, accident, death of the customer or their spouse/partner, parents, children, brother or sister), at most the day started is charged, and the hotelier is free to charge this daily service. In cases for which the hotelier is neither responsible nor liable, or where no proof can be provided of a serious and proven reason, the customer pays 100% of the remaining reserved period pro rata to the price set in the reservation.
26.
Deposits, as provided in the confirmation letter, must be paid immediately to the hotelier and at the latest on the day halfway between the reservation date and the arrival date. In the absence of payment, the hotelier has the right to cancel the hotel reservation without prior notice.
28.
Value vouchers and/or gift cheques are only valid once fully paid. They are valid for 1 year from the date of payment. After 1 year, 50% of the value lapses and the remaining 50% can still be used for 1 year. After 2 years, they lapse completely. Deposits are subject to the same provisions mentioned above. Credit notes in favor of a contracting party lapse entirely 1 year after issuance by the hotelier, unless otherwise agreed.
29.
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.
30.
The fact that the hotelier does not apply a clause stipulated to their advantage in these general terms and conditions cannot be interpreted as a waiver of the right to invoke it.
31.
The fact that the contracting party has not received the general terms and conditions in their official mother tongue does not exempt them from their application, unless they requested a translation. If the translation allows a different interpretation, the original Dutch version shall prevail over the translation.
32.
The possible nullity of one or more provisions of these general terms and conditions shall in no case result in the nullity of the entire agreement. The other provisions therefore remain fully applicable. All disputes arising from this agreement shall be settled by the competent court of Bruges.