PART 1: GENERAL CONDITIONS OF RENTAL OF THE ESTABLISHMENT
ARTICLE 1 : GENERAL PROVISIONS
The reservation is agreed with the landlord, OMER Paule Nelly, born on 30/05/1963
• Landlord's address: Rue du berceau 1, 7131 Waudrez
Telephone: +32 496979790
Email address: paule_omer@hotmail.com
• Landlord's bank account: IBAN BE55 0019 8965 8744 BIC GEBABEBB
• VAT number (if applicable): -
The contract is a tourist rental agreement (or seasonal rental agreement). The rental period is an essential condition without which the contract would not have been concluded. The tenant may not establish their primary residence in the rented property.
The establishment includes 1 accommodation with a respective capacity of 5 people (2 adults, 2 children preferably and 1 baby).
Accommodation details: Gîte le tilleul, Rue du berceau 1/1, 7131 Waudrez
The tenant is required to respect the maximum occupancy stated in the rental agreement. Any breach of this clause may result in the immediate termination of this contract, at the tenant's expense, with the rental amount remaining definitively payable to the landlord.
The tenant must arrive on the specified day and at the indicated time. In case of late or delayed arrival, the tenant must notify the landlord.
ARTICLE 2 : TERMS OF CONCLUSION OF THE CONTRACT
The rental is confirmed upon payment of a 30% deposit of the total price of the stay:
· is collected by the secure payment system (Stripe) during online booking;
· or to be paid to the landlord's bank account number within 2 days of receiving the electronic booking confirmation (voucher).
The remaining balance of the stay (70%) is to be paid by secure payment (Stripe) or by bank transfer no later than 15 days before arrival to the landlord's bank account number.
Any booking made within 3 days of the arrival date is considered late. In this case, the balance of the stay will be paid to the landlord's bank account or via Stripe (secure payment) upon receipt of the electronic booking confirmation (voucher), i.e., before the start of the stay .
Payment terms may vary depending on the chosen pricing plan. These terms are specified during the booking process and in the booking confirmation sent to the customer.
ARTICLE 3 : SOLIDARITY
In the case of multiple tenants, the person who made the reservation is responsible for the debts and claims of all tenants.
ARTICLE 4 : LATE PAYMENT
If the landlord does not receive the payments within the allotted time, he may cancel the lease by registered letter or email within 5 days of the scheduled payment date.
This clause does not apply to late bookings.
Any amount owed by the tenant, and not paid 5 days after its due date, shall automatically and without notice accrue interest to the landlord at the legal rate per month from its due date, with interest for any month started being due for the entire month.
ARTICLE 5 : CANCELLATIONS – EARLY DEPARTURE – NO-SHOW
a) Cancellation by the tenant
Any cancellation must be notified by registered letter or email and addressed to the landlord.
The cancellation conditions specified in the electronic order form (voucher) apply.
In the event of force majeure (or an act of government) affecting either party:
1. The date of execution of the contract will be postponed to a later date to be agreed between parties (voucher of an amount equivalent to that of the reservation to be deducted on a future stay).
If no agreement can be reached within a period of 18 months, the amounts paid will be fully refunded to the tenant.
2. The contract is cancelled by mutual agreement and all amounts already received by the landlord are refunded to the tenant
b) Cancellation by the landlord
Any cancellation must be notified by registered letter or email and addressed to the tenant.
The cancellation conditions specified in the electronic order form (voucher) apply.
In the event of force majeure (or an act of government) affecting either party:
1. The date of execution of the contract will be postponed to a later date to be agreed between parties (voucher of an amount equivalent to that of the reservation to be deducted on a future stay).
If no agreement can be reached within a period of 18 months, the amounts paid will be fully refunded to the tenant.
2. The contract is cancelled by mutual agreement and all amounts already received by the landlord are refunded to the tenant
c) Premature departure
The tenant's early departure does not result in any refund, even partial, of the price of the stay.
d) Tenant's failure to appear (no-show)
If the tenant does not arrive within 24 hours of the arrival date stated on the contract:
· the reservation becomes null and void by operation of law;
· the payments remain the property of the landlord who reserves the right to claim the balance from the tenant;
· The landlord can dispose of their property.
ARTICLE 6 : RESPONSIBILITIES – INSURANCE
a) Fire insurance
The tenant must be covered by Fire Insurance (holiday rental) for any damage he or she may cause to the building and the rented furniture.
The tenant declares, after checking, that he is covered for such risks by his personal fire insurance (holiday insurance).
In the event of a breach, the tenant undertakes to take out a contract covering this risk, at the latest on the day of entry into the rented property(ies).
b) Family Civil Liability Insurance (private life)
The tenant declares that he is covered by a Family Civil Liability (private life) insurance policy.
In the event of a breach, the tenant undertakes to take out a contract covering this risk, at the latest on the day of entry into the rented property(ies).
ARTICLE 7 : DOMESTIC ANIMALS
Pets are allowed with the owner's prior agreement. They must be declared to the landlord. An additional charge may apply.
ARTICLE 8 : USE AND OCCUPANCY OF PREMISES
The tenant agrees to behave respectfully towards the residents and the environment in general (wildlife, plants, various equipment, etc.). They will use the rented property in accordance with its intended purpose and in a prudent and responsible manner.
The tenant must return the property in the condition in which it was received. The tenant is responsible for any loss or damage to the landlord.
Lively parties such as student revelry, stag/hen parties, dance parties… are not allowed.
ARTICLE 8 bis : INVENTORY OF PREMISES and SECURITY DEPOSIT
A security deposit of €250 may be required from the tenant to cover any damage, loss or costs related to abnormal use of the accommodation.
Where possible, this deposit is made in the form of a pre-authorization (bank hold) and is not an immediate charge. The terms and conditions may vary depending on the booking platform or payment provider used.
Upon arrival, the tenant is asked to quickly check the general condition of the accommodation, furniture and equipment.
A quick inspection of the property's condition can be carried out with the owner or their representative upon arrival and/or departure. This inspection aims to identify any significant damage or anomalies and does not constitute a detailed inventory of every item in the property.
In the absence of an entry inventory with the owner or his representative, the tenant must carry out this verification himself and report, as soon as possible and ideally on the same day , any anomaly, damage or missing item, preferably with photos or videos.
Any pre-existing damage not reported upon arrival may be considered to have occurred during the stay, unless proven otherwise.
Upon departure, the accommodation must be returned in the same condition as it was found upon arrival, excluding normal wear and tear . A check-out inspection may be carried out by the owner or their representative. Any breakage or damage found that is attributable to the tenant, their companions, or their visitors may give rise to a claim for reimbursement.
The security deposit may be used, in whole or in part, to cover the actual cost of any damages . If the damages exceed €250, the owner may request payment of the remaining balance corresponding to the actual cost of repairs or replacements. Expenses may be substantiated by photos, estimates, invoices, or any other available documentation.
No deductions will be made for normal wear and tear, obsolescence or pre-existing damage duly reported by the tenant.
In the absence of damage or costs attributable to the tenant, no sum will be debited and the bank imprint will be released according to the timeframes applicable to the payment provider or platform.
ARTICLE 9 : CLAIMS
Any complaint must be sent to the landlord by registered letter or email within 8 days of the end of the stay. Supporting documents must be attached.
In the absence of an agreement between the parties, only the courts of the judicial district where the accommodation is located have jurisdiction.
ARTICLE 9 bis : MEDIATION OF THE FEDERATION OF GITES AND BED AND BREAKFASTS OF WALLONIA
In the absence of an agreement between the parties, they will submit their grievances to the secretariat of the Federation of Gîtes and Bed and Breakfasts of Wallonia, which will attempt to propose an amicable solution.
In the absence of an agreement between the parties, only the courts of the judicial district where the accommodation is located have jurisdiction and they will apply Belgian law.
This clause applies only to establishments that are members of the Federation of Gîtes and Bed and Breakfasts of Wallonia and are up to date with their membership fees.
ARTICLE 10 : PASSENGER CHECK
The landlord has the right to verify and register the identity of all occupants of the accommodation in accordance with the 2007 law. The tenant must present a valid identity document (identity card or passport). This should be verified with the CGT (General Confederation of Labour).
ARTICLE 11 : ACCEPTANCE OF GENERAL TERMS AND CONDITIONS
Unless expressly stated otherwise, the tenant is deemed to have read and accepted all the clauses of these conditions at the latest when booking online, when paying the deposit and/or the balance of the stay, or when taking possession of the establishment.
For bookings made directly on the owner's website , these conditions apply in full.
GENERAL TERMS AND CONDITIONS OF ONLINE SALE VIA ORC
1. Purpose
These general terms and conditions apply to all online bookings made with our establishment Gîte Le Tilleul Binche using the Regional Marketing Tool (ORC).
The customer acknowledges having read and accepted these terms and conditions. No reservation is possible without the customer's explicit agreement to them. The customer has the option to save and print these terms and conditions.
2. Offers
All our advertisements, web pages, and offers are prepared in good faith and based on available data. Maps, photos, and illustrations are for informational purposes only and are not contractually binding. They may be subject to change before the booking is finalized. The customer authorizes us to correct any obvious factual errors in the information we provide.
3. Price
The prices displayed at the time of booking constitute the total price of the service sold, including taxes, fees, and other charges. Any additional charges are clearly indicated before the booking is completed.
The customer authorizes us to correct any obvious pricing errors.
4. Reservation
The customer selects the services presented on the regional marketing platform. They acknowledge having reviewed the nature, destination, and booking procedures for the services available on the booking platform and having requested and obtained all necessary and/or additional information to make their booking with full knowledge of the facts. The customer is solely responsible for their choice of services and their suitability for their needs; therefore, we cannot be held liable in this regard. The booking is deemed accepted by the customer upon completion of the booking process.
5. Booking Process
Reservations made by the customer are processed via the online booking form accessible through the booking tool. The reservation is considered confirmed upon receipt of the booking form. Prior to making any reservation, the customer agrees to provide all necessary information. The customer attests to the truthfulness and accuracy of the information provided. Once the final selection of services to be booked has been made, the booking process includes the following steps until confirmation:
the entry of the bank card in case of a request for guarantee or prepayment, the consultation and acceptance of the general terms and conditions of sale relating to the service(s) and, finally, the validation of the reservation by the customer.
6. Booking confirmation
The booking tool acknowledges receipt of the customer's reservation and confirms it by sending an email without delay. The email confirmation of the reservation summarizes the contract offer, the services reserved, the prices, the terms and conditions of sale relating to the selected rate, accepted by the customer, the date of the reservation made, and the address of the establishment to which the customer can submit any complaints.
7. Right of withdrawal
It is recalled that, in accordance with Article VI.53 of the Belgian Code of Economic Law, if the contract provides for a specific date or period of performance, the customer does not have the right to withdraw in the event of a reservation:
accommodation other than for residential purposes (e.g., holiday accommodation),
of a transport,
from a car rental company,
catering and services related to leisure activities.
8. Respect for privacy
We collect your data in accordance with the General Data Protection Regulation (2016/679) (“GDPR”).
The personal data you provide is necessary for processing your booking and is essential for managing and providing the services (Article 6.1.b of the aforementioned Regulation). For these purposes, your data may be transferred to our partners, including Elloha.com , which manages the booking tool, online payment providers, and providers established in third countries. Specifically, for online payments, the customer's bank details must be transmitted by the payment provider to the establishment's bank for the execution of the booking contract. We only use partners who guarantee a level of protection in accordance with the principles set out in the GDPR.
With your consent, your data may also be used by us to send you our promotional or commercial offers, by email or post.
We retain your data for a period of 3 years after the last contact (email, booking, etc.).
As a data subject, you have the right to access, rectify, and erase your data, as well as the right to object to its collection. These rights can be exercised by sending us an email, including your first and last name, address, and the subject of your correspondence.
Complaints regarding the collection and processing of your personal data can be addressed to the competent supervisory authority.
[optionally insert a hyperlink to the establishment's Privacy Policy].