Terms & Conditions of Sales
I. ESTABLISHMENT'S STANDARD TERMS AND CONDITIONS OF SALE
1. RECOGNITION BY THE COMMISSARIAT GÉNÉRAL AU TOURISME (General Tourist Board)
Le lessor certifies that the rented premises comply with the provisions of the Code wallon du Tourisme (Walloon Tourism Code) dated 1st April 2010.
2. PROCEDURES FOR CONCLUDING THIS CONTRACT
The client's credit card is only seized as a guarantee of the reservation.
The reservation takes effect and constitutes a rental agreement once the client has sent the owner a down payment of 50% of the amount of the price of the stay on the bank account BE69 0000 8771 5278, within a maximum of 5 days of the date of receipt of this document.
The balance is due 15 days before the contract comes into force, with the exception of late bookings, in which case the full rental amount will be paid on the bank account BE69 0000 8771 5278 as the reservation is confirmed by the lessor or at the latest on the day of arrival.
If the lessor does not receive the deposit or the balance within the stated period, he may relinquish the rental by recorded delivery, SMS or electronic mail within 5 days of the date scheduled for the payment of the deposit or the balance.
3. USE OF THE RENTED PREMISES
The tenant uses the rented premises in accordance with the intended purpose and with due diligence. The lessee is obliged to abide by the maximum capacity indicated. Any infringement of this clause may entail the immediate termination of this contract, for reasons attributable to the tenant, the lessor definitively retaining the amount of the rental.
When admitted, details of domestic animals accompanying the tenant must be given on the reverse of this contract.
The guarantee is intended to cover all the debts which may remain payable by the tenant to the lessor when the premises are returned.
This guarantee is refunded to the tenant on the day of departure or at the latest within ten working days following the day of departure after deduction of any sums which may remain payable by the tenant to the lessor,
In the event of a dispute the lessor may retain the guarantee, for which he will take responsibility, until liability has been clearly established.
Should it be proven that the tenant is not liable for the sums claimed and that all or part of the guarantee should be returned, the lessor will owe interest, at the legal rate, on the amount finally to be returned.
An inventory of the equipment in the rented premises is drawn up at the start and the end of the stay. This inventory must be signed by both parties as proof of the condition of the rented premises and the equipment therein.
The tenant must return the premises in the condition in which he received them. He is answerable for any loss or damage. Any difference compared with the inventory, or any anomaly must be reported to the lessor or his representative at the latest at 10.00 am on the day after the day of arrival.
7. CANCELLATION – EARLY DEPARTURE
Notification of any cancellation must be sent by recorded delivery, SMS or electronic mail. The tenant may put forward a proposal to the lessor to transfer his lease, bearing full liability for this transfer, to a person designated by him and who agrees to enter into the contract under the same conditions. In this case, the deposit is deemed to have been paid by the transferee. The tenant may also offer to act as a substitute for a person for the use of the accommodation, while remaining the holder of the contract, including during the term thereof. This implies that he remains personally bound by all his initial obligations. The express consent of the lessor is required, and concerns only the person or persons designated.
If the cancellation is made more than 30 days before the start of the stay, the down payment will be refunded in full. In other cases, the lessor retains down payment as compensation.
This compensation is increased to:
- 50 % of the price of the stay if the cancellation is made 29 to 8 days before the start of the stay;
- 75 % of the price of the stay if the cancellation is made 7 to 2 days before the start of the stay;
- 100 % of the price of the stay if the cancellation is made less than 2 days before the start of the stay or if the tenant fails to appear.
Compensation is, however, not due in cases of force majeure.
If the lessor cancels a reservation, the tenant may be offered accommodation of the same standard or a higher standard for the price of the reservation.
If no such proposal is made, or if the tenant refuses, the lessor must refund the down payment and the balance of the amount of the stay if this has already been paid.
If the tenant fails to appear or make contact within 24 hours of the arrival date indicated in the contract:
- the contract automatically becomes null and void,
- the lessor retains the deposit and reserves the right to claim the balance from the tenant,
- the lessor may dispose of his property as he wishes.
The early departure of the tenant, for any reason whatsoever, does not give rise to any reimbursement – even partial – of the price of the stay.
8. LATE PAYMENT
Any amount due by the tenant and not paid ten days after the due date will give rise to interest, automatically and without formal notice of default, in favour of the lessor, of 1% per month as of the due date, the interest for every month begun being due for the entire month.
9. LIABILITY - INSURANCE
The tenant occupies the premises with due diligence. He assumes responsibility for the rented premises, the equipment and the land placed at his disposal. He reimburses the lessor for all expenses incurred through his doing and undertakes to report any damage caused. By renting the accommodation, the tenant is obliged by law to return it in the condition in which he received it, including in the event of fire (Articles 1732, 1733 and 1735 of the Civil Code). If need be (see special terms and conditions), the tenant takes out COMPREHENSIVE FIRE insurance to cover his tenant's liability, for both tenant's risks (the building), and the contents (furniture, etc.) placed at his disposal. These risks may be covered by the ""holiday"" extension of the tenant's FIRE insurance policy. The tenant is asked to contact his insurer to check his contract.
The tenant, his heirs or his right claimants, in any capacity whatsoever, are jointly and severally liable for the obligations entered into under this lease.
11. RESPECT FOR THE NEIGHBOURHOOD AND THE ENVIRONMENT
The tenant undertakes to adopt behaviour that respects local people and the environment in general: fauna, flora, various facilities, etc.
If agreement cannot be reached between the parties, they will submit their grievances to the secretariat of the Gîtes de Wallonie, which will endeavour to put forward a solution out of court. Should this not prove possible, the courts of the legal district of the place in which the property is located have sole jurisdiction.
II. STANDARD TERMS AND CONDITIONS APPLYING TO ONLINE SALES VIA RMT
These standard terms and conditions apply to all online reservations made with our establishment 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.
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.
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.
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.