GENERAL TERMS AND CONDITIONS OF RENTAL OF THE 'LA RETRAITE DU COLONEL' ESTABLISHMENT (*)
ARTICLE 1: GENERAL PROVISIONS
The booking is agreed with the lessor HEMPTINNE Christophe Bernard, born 24/07/1963, owner of the rural gîte 'La retraite du Colonel'.
- Domicile (of the lessor) : Place du Baty 7 in 5500 Falmagne (Belgium)
- Telephone number: +32 488 750 682
- Email address : retraite.colonel@gmail.com
- Bank account (of the lessor): IBAN BE49 7340 6531 6371 (BIC: KREDBEBB)
The contract is a tourist rental contract (or seasonal rental contract). The rental period is an essential condition without which the contract would not have been concluded. The tenant may not establish his main residence in the rented property.
The establishment includes accommodation, namely the rural gîte 'La retraite du Colonel', located at Place du Baty 7 in 5500 Falmagne (Belgium), with a maximum capacity of 12 people.
The tenant is obliged to respect the maximum capacity stated in the rental agreement. Any breach of this clause may result in the immediate termination of this contract, to the detriment of the tenant, with the rental amount remaining the property of the lessor.
The lessee must arrive on the specified day and at the times indicated. In the event of late or delayed arrival, the tenant must inform the lessor.
ARTICLE 1: GENERAL PROVISIONS
The booking is agreed with the lessor HEMPTINNE Christophe Bernard, born 24/07/1963, owner of the rural gîte 'La retraite du Colonel'.
- Domicile (of the lessor) : Place du Baty 7 in 5500 Falmagne (Belgium)
- Telephone number: +32 488 750 682
- Email address : retraite.colonel@gmail.com
- Bank account (of the lessor): IBAN BE49 7340 6531 6371 (BIC: KREDBEBB)
The contract is a tourist rental contract (or seasonal rental contract). The rental period is an essential condition without which the contract would not have been concluded. The tenant may not establish his main residence in the rented property.
The establishment includes accommodation, namely the rural gîte 'La retraite du Colonel', located at Place du Baty 7 in 5500 Falmagne (Belgium), with a maximum capacity of 12 people.
The tenant is obliged to respect the maximum capacity stated in the rental agreement. Any breach of this clause may result in the immediate termination of this contract, to the detriment of the tenant, with the rental amount remaining the property of the lessor.
The lessee must arrive on the specified day and at the times indicated. In the event of late or delayed arrival, the tenant must inform the lessor.
ARTICLE 2: TERMS AND CONDITIONS OF THE CONTRACT
The rental is effective upon payment of a down payment of 30% of the price of the holiday:
- either via the secure payment system (Stripe) when you book online ;
- or paid into the lessor's bank account within 5 calendar days of receipt of the electronic booking confirmation (voucher).
The balance of the stay (70%) must be paid by bank transfer to the lessor's bank account no later than 14 days before arrival.
Any booking made within 14 days of the arrival date is considered late. In this case, the balance of the stay will be paid into the lessor's bank account upon receipt of the electronic booking confirmation (voucher), or as soon as possible before the start of the stay.
Unless otherwise specified in the offer booked, the price of the stay does not include:
- Deposit: €300.00 (three hundred euros)
- Use of the electric recharging point (€0.40/kWh)
- Log basket refills (€10 per basket)
- Bed linen (sheets, duvet covers and pillowcases), to be provided by the tenant
- Bath towels and kitchen towels, also to be provided by the tenant.
ARTICLE 2a: THE DEPOSIT
The security deposit, amounting to 300.00 € (three hundred euros), must be paid at the same time as the balance of the stay, by bank transfer to the lessor's bank account, or deposited in cash on arrival.
The lessor reserves the right to refuse access to the establishment if the deposit is not paid.
The deposit will be returned within 10 working days of departure if there is no damage to the accommodation, its contents, ancillary buildings or surroundings.
The deposit is intended to cover any debts that the tenant may still owe to the lessor when the property is returned.
In the event of a dispute, the lessor may, under his own responsibility, retain the deposit until the responsibilities have been clearly established.
If it turns out that the Tenant does not owe the sums claimed and that all or part of the deposit must be returned, the Lessor will owe interest at the legal rate on the amount finally returned.
The security deposit, amounting to 300.00 € (three hundred euros), must be paid at the same time as the balance of the stay, by bank transfer to the lessor's bank account, or deposited in cash on arrival.
The lessor reserves the right to refuse access to the establishment if the deposit is not paid.
The deposit will be returned within 10 working days of departure if there is no damage to the accommodation, its contents, ancillary buildings or surroundings.
The deposit is intended to cover any debts that the tenant may still owe to the lessor when the property is returned.
In the event of a dispute, the lessor may, under his own responsibility, retain the deposit until the responsibilities have been clearly established.
If it turns out that the Tenant does not owe the sums claimed and that all or part of the deposit must be returned, the Lessor will owe interest at the legal rate on the amount finally returned.
ARTICLE 3: JOINT AND SEVERAL LIABILITY
In the event of multiple tenants, the person who made the reservation is liable for the debts and claims of all the tenants.
In the event of multiple tenants, the person who made the reservation is liable for the debts and claims of all the tenants.
ARTICLE 4: LATE PAYMENT
If the lessor does not receive the payments within the stipulated time, he may cancel the rental by registered letter or e-mail within 7 days of the scheduled payment date.
This clause does not apply to late bookings.
Any amount owed by the lessee and not paid 10 days after its due date will automatically and without formal notice, generate interest for the benefit of the lessor at the legal rate per month from its due date, with interest for any month started being due for the whole month.
This clause does not apply to late bookings.
Any amount owed by the lessee and not paid 10 days after its due date will automatically and without formal notice, generate interest for the benefit of the lessor at the legal rate per month from its due date, with interest for any month started being due for the whole month.
ARTICLE 5: CANCELLATIONS - EARLY DEPARTURE - NO-SHOWS
a) Cancellation by the tenant
Any cancellation must be notified to the lessor by registered letter or e-mail.
The cancellation conditions set out in the electronic order form (voucher) shall apply.
In the event of force majeure (or fait du prince) for either party:
1. The date of execution of the contract will be postponed to a later date to be agreed between the parties (voucher for an amount equivalent to that of the reservation to be deducted from a future stay).
If no agreement has been reached within a period of 18 months, the amounts paid will be refunded in full to the hirer.
2. The contract is cancelled by agreement between the two parties and all sums already paid by the lessor are reimbursed to the lessee.
The cancellation conditions set out in the electronic order form (voucher) shall apply.
In the event of force majeure (or fait du prince) for either party:
1. The date of execution of the contract will be postponed to a later date to be agreed between the parties (voucher for an amount equivalent to that of the reservation to be deducted from a future stay).
If no agreement has been reached within a period of 18 months, the amounts paid will be refunded in full to the hirer.
2. The contract is cancelled by agreement between the two parties and all sums already paid by the lessor are reimbursed to the lessee.
b) Cancellation by the lessor
Any cancellation must be notified to the lessee by registered letter or e-mail.
The cancellation conditions set out in the electronic order form (voucher) shall apply.
The cancellation conditions set out in the electronic order form (voucher) shall apply.
In the event of force majeure (or fait du prince) for either party:
1. The date of execution of the contract will be postponed to a later date to be agreed between the parties (voucher for an amount equivalent to that of the reservation to be deducted from a future stay).
If no agreement has been reached within a period of 18 months, the amounts paid will be refunded in full to the hirer.
2. The contract is cancelled by agreement between the two parties and all sums already received by the lessor are reimbursed to the lessee.
c) Early departure
The tenant's early departure does not entail any reimbursement, even partial, of the price of the stay.
1. The date of execution of the contract will be postponed to a later date to be agreed between the parties (voucher for an amount equivalent to that of the reservation to be deducted from a future stay).
If no agreement has been reached within a period of 18 months, the amounts paid will be refunded in full to the hirer.
2. The contract is cancelled by agreement between the two parties and all sums already received by the lessor are reimbursed to the lessee.
c) Early departure
The tenant's early departure does not entail any reimbursement, even partial, of the price of the stay.
d) No-show by the tenant
If the tenant does not show up within 24 hours of the arrival date stated on the contract :
- the booking is automatically cancelled;
- any payments made remain the property of the lessor, who reserves the right to claim the balance from the lessee;
- the lessor may dispose of the property.
If the tenant does not show up within 24 hours of the arrival date stated on the contract :
- the booking is automatically cancelled;
- any payments made remain the property of the lessor, who reserves the right to claim the balance from the lessee;
- the lessor may dispose of the property.
ARTICLE 6: LIABILITY - INSURANCE
a) Fire insurance
The Tenant must be covered by fire insurance (holiday insurance) for any damage he may cause to the building and the rented furniture.
The Tenant declares, after checking, that he/she is covered for such risks by his/her personal fire insurance (holiday insurance).
In the event of failure to do so, the Tenant undertakes to take out a policy covering this risk, no later than the date of entry into the rented property(ies).
b) Family Civil Liability Insurance (private life)
a) Fire insurance
The Tenant must be covered by fire insurance (holiday insurance) for any damage he may cause to the building and the rented furniture.
The Tenant declares, after checking, that he/she is covered for such risks by his/her personal fire insurance (holiday insurance).
In the event of failure to do so, the Tenant undertakes to take out a policy covering this risk, no later than the date of entry into the rented property(ies).
b) Family Civil Liability Insurance (private life)
The tenant declares that he/she is covered by Family Civil Liability insurance (private life).
In the event of failure to do so, the Tenant undertakes to take out a policy covering this risk, no later than the date of entry into the rented property(ies).
In the event of failure to do so, the Tenant undertakes to take out a policy covering this risk, no later than the date of entry into the rented property(ies).
ARTICLE 7: PETS
Pets are not accepted. In the event of non-compliance with this rule, the lessor has the right to refuse the lessee entry to the property. Under no circumstances may this refusal be considered as a modification or breach of contract on the part of the lessor, so that in the event of the lessee's departure, no reimbursement may be considered.
ARTICLE 8: USE AND OCCUPATION OF THE PREMISES
The tenant undertakes to behave in a manner that is respectful of the inhabitants and the environment in general (fauna, flora, various equipment, etc.). They shall use the rented property in accordance with its intended purpose and in a prudent and responsible manner. Indoor parties and/or outdoor meals, which inevitably generate noise, must stop before 10pm. Lively parties such as student parties, panty burnings, dances, etc. are not permitted.
The tenant must return the property in the condition in which it was received. The lessee is liable to the lessor for any loss or damage.
The tenant must return the property in the condition in which it was received. The lessee is liable to the lessor for any loss or damage.
ARTICLE 8a: INVENTORY
Any discrepancies with the inventory or anomalies must be reported to the lessor no later than 10.00 a.m. on the day following the day of arrival.
ARTICLE 9: COMPLAINTS
All complaints must be sent to the Lessor by registered letter or e-mail within 8 days of the end of the stay.Supporting documents must be enclosed.
In the absence of agreement between the parties, only the courts of the judicial district where the accommodation is located shall have jurisdiction.
All complaints must be sent to the Lessor by registered letter or e-mail within 8 days of the end of the stay.Supporting documents must be enclosed.
In the absence of agreement between the parties, only the courts of the judicial district where the accommodation is located shall have jurisdiction.
ARTICLE 9 bis: MEDIATION BY THE FÉDÉRATION DES GITES ET CHAMBRES D'HÔTES DE WALLONIE
In the absence of agreement between the parties, they shall submit their grievances to the secretariat of the Fédération des Gîtes et Chambres d'hôtes de Wallonie which will attempt to propose an amicable solution.
Failing agreement between the parties, only the courts of the judicial district of the place where the accommodation is located have jurisdiction and they will apply Belgian law.
Failing agreement between the parties, only the courts of the judicial district of the place where the accommodation is located have jurisdiction and they will apply Belgian law.
This clause only applies to establishments that are members of the Fédération des Gîtes et Chambres d'hôtes de Wallonie and have paid their membership fees.
ARTICLE 10: INSPECTION OF TRAVELLERS
The lessor is entitled to check and record 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).
ARTICLE 11: ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
Unless expressly stipulated to the contrary, the Tenant is deemed to have read these conditions and to have accepted all of their clauses at the latest when booking online, when paying the deposit and/or the balance of the stay, or when taking possession of the property.
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1. Subject
These standard terms and conditions apply to all online reservations made with our establishment - La retraite du Colonel - using the Regional Marketing Tool (RMT). Customers acknowledge that they are aware of and agree to these standard terms and conditions. Reservations are only possible if customers indicate their agreement with them. Customers may save and print off these standard terms and conditions.
2. Offers
All our advertisements, web pages and offers are drawn up in good faith on the basis of available information. Maps, photos and illustrations are shown for information purposes and are not contractually binding. They may be subject to alteration before a reservation is finalised. Customers authorise us to correct any obvious material errors in the information provided to them by us.
3. Pricing
The prices shown at the time of a reservation form the total price of the service that is sold, including taxes, charges and other sundry costs. Where there are supplements, they are clearly indicated before the service is reserved.
Customers authorise us to correct any obvious pricing errors.
4. Reservations
Customers choose the services presented in the regional marketing tool. They acknowledge being aware of the nature, purpose and reservation procedures for the services available in the regional marketing tool and having requested and obtained the requisite and/or additional information to make their reservations in full knowledge of the facts. Customers bear sole responsibility for their choice of services and for the fitness thereof for their purposes, such that we bear no liability in that regard. Reservations are deemed accepted by customers upon completion of the reservation process.
5. Reservation process
Reservations made by customers are made using the virtual reservation form that is accessible online in the reservation tool. Reservations are deemed made upon receipt of the reservation form. Customers undertake to fill in all the information needed for a reservation prior to making the reservation. Customers attest to the veracity and accuracy of the information they provide. Once the final choice of services to be reserved has been made, the reservation procedure comprises the following steps up to validation: input of bank card details where a deposit or down payment is required, reading and acceptance of the standard terms and conditions of sale relating to the service(s) rendered and, finally, validation of the reservation by the customer.
6. Acknowledgement of receipt of the reservation
The reservation tool acknowledges receipt of the customer's reservation and confirms it by immediately sending an e-mail. The e-mail confirmation of the reservation summarises the contractual offer, the reserved services, the prices, the terms and conditions of sale relating to the selected tariff and accepted by the customer, the date of the reservation made and the address of the establishment where the customer can make any complaints.
7. Right of cancellation
It is pointed out that, under section VI.53 of Belgium's Economic Law Code, if the contract provides for a specific date or period of performance, the customer has no right to cancel in the case of a reservation:
• of accommodation other than for residential purposes (such as holiday accommodation),
• of transport,
• of care hire,
• of meals services and services linked to leisure activities.
8. Data protection
We collect your data in accordance with the General Data Protection Regulation (2016/679) (""GDPR"").
The personal data that you provide is necessary for processing your reservation and is essential for management and provision of the services (section 6(1)(b) of the aforementioned regulation). To these ends, your data may thus be passed on to our partners, particularly those for which Elloha.com manages the reservation tool, online payment service providers, service providers established in third countries. In particular, when making online payments, the customer's banking details will need to be sent by the payment service provider to the establishment's bank for the purpose of performing the reservation contract. We only make use of partners guaranteeing a level of protection complying with the principles laid down in the GDPR.
With your consent, your data may also be used by us to send you our promotional or commercial offers by e-mail or post.
We retain your data for three years after the last contact (e-mail, reservation, etc.).
As a person whose data is collected, you have a right to access, rectify, erase your data as well as a right to oppose the collection of your data. These rights can be exercised by sending us an e-mail stating your full name and address and the matter on which you are writing.
Your complaints regarding the collection and processing of your personal data may be sent to the relevant regulatory authority.
(*) This English version of the General Terms and Conditions of Rental is an uncertified translation of the French version, which shall prevail.