These conditions form an integral part of the hotel agreement.
Article 1. 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 the first.
Article 2. The price quotes from the hotelier are without obligation and are made without any commitment.
Article 3. The contracting parties:
A person who spends the night in a hotel is not necessarily a contracting party: a hotel contract can be concluded on his behalf by a third party. 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).
The term “customer” means the physical person(s) who intends to spend a hotel stay.
Article 4. The services are provided at the hotel owner's place of business, unless otherwise agreed in writing.
Article 5. Complaints regarding the services provided cannot be accepted if they are not received in writing by the hotelier within seven days after the service has been completed.
Article 6. The hotel contract
In accordance with the hotel contract, the hotelier is obliged to provide the customer with accommodation and the usual services.
This refers to the normal services of the hotel according to its category, including the rooms and the various communal facilities, which are generally made available to customers.
The contractor is obliged to pay the agreed price.
Article 7. Form of the 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 specify the arrival and departure dates of the customer to be stated together with the agreed price, the description of the requested services and any advance payment arrangement.
Article 8. Duration of the reserved overnight stay
If a certain number of nights is reserved by the customer, the start and end dates must be stated in the hotel contract. The agreement will then be terminated on the day stated in the hotel contract, no later than (10 am). If the customer has not left the room by (10 am) on the scheduled day of departure, an additional night will be invoiced.
If no specific number of nights is reserved, the hotel contract is considered to have been concluded for several consecutive days. In that case, notice of termination, ending the following day at the latest at 10 a.m., must be given by one of the parties in order for the contract to be terminated. A termination from the hotelier to the customer will be considered as being addressed to the contracting party and will be done in accordance with the above provisions. The cancellation will be confirmed in writing to the contractor.
The contract will be considered terminated on the day the customer leaves the room before (10am).
Article 9. Execution of the contract
The hotel keeper and the contractor are obliged to respect the provisions included in the contract.
Article 10. Non-execution of the contract
(partial) cancellation of a booking is possible up to x hours before the day of arrival, without compensation.
In the event of (partial) cancellation of a booking less than x hours before the day of arrival, the canceling party owes the other party compensation of x euros.
If the customer does not show up on the scheduled arrival date, a lump sum compensation of € x will be due. (possibly…)
If the hotelier is unable to execute the contract, 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.
Article 11. Termination of the contract
No contract can be terminated before full execution unless mutual agreement between the parties. See also article 10 above.
Each hotelier has the option to determine (determine) the notice periods and compensation for breach of contract that will be agreed between the parties at the time of concluding the contract.
Article 12. The payment
The hotel owner has the option to request full or partial prepayment. See article 26.
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.
Article 13. Termination of the contract
Any serious or repeated breach of contractual obligations entitles the injured party to terminate the contract immediately without notice.
Article 14. Responsibility of the hotel owner and hotel deposit
The hotelier is not responsible 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, he is not responsible for the damage resulting from the fault, even partial, of the customer.
The Civil Code (Act 4 July 1972, Belgian Official Gazette 19 August 1972) regulates hotel deposits, the articles of which are shown below:
Article 1952: The hotelier, as custodian, is liable for damage, destruction or theft of items brought to the hotel by a guest who takes up residence and stays there.
The safekeeping of these items must be regarded as a safekeeping out of necessity.
Items brought along are considered to be the items: a) Which are located 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.
The liability referred to in this article is limited per claim to 100 times the accommodation price per day of the sleeping accommodation.
The King may, where appropriate, 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 refers) includes the amount of the force majeure price as published by the hotelier plus a percentage (which may be is provided) for the services offered.
Article 1953: The liability of the hotel owner is unlimited:
a) When the goods have been placed for safekeeping in the hands of the hotel owner 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 to take them into 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 package.
Article 1954: The hotel owner is not liable to the extent that the damage, destruction or theft is due to:
a)The guest or a person accompanying him, employed by him or visiting him. b)Force majeure.
c) Theft committed by armed means.
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 hotel owner or the persons who provide him with their services.
Article 1954ter: Any statement or stipulation that excludes or limits 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.
Article 15. The 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.
Article 16. The retention (right of retention) of objects that are brought by the customer
The hotelier has the right, as guarantee for the payment of the sums owed to him, to retain and ultimately to sell the objects of commercial value brought by the customer and all accessories on the basis of Article 20, 6° Mortgage Act.
Article 17. The customer's 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 prior notice.
Article 18. Pets
If a customer wishes to bring a pet to the hotel, he is obliged to ensure that the hotel regulations allow this before bringing the animal.
Article 19. 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 2 p.m. and the customer's rooms leaving the hotel must be vacated before 12 noon.
Article 20. 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.
Article 21. Late arrival
A late arrival, i.e. after the agreed time, which was not signaled by the customer automatically causes the termination of the hotel contract, with the right to compensation for the hotelier.
Article 22. Telephone reservation
A telephone reservation accepted by the hotel owner is only valid until 6 p.m.
In the event of a delay, the customer is obliged to inform the hotel owner and to indicate his exact arrival time.
Article 23. The sums of money that have not been paid on their due date will be increased by law and without notice of default by the statutory late payment interest.
The following fixed compensation amounts apply:
Article 24. 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.
Article 25. Cancellation of reservations during the stay
In the case of serious and proven reasons (illness, accident, death), a maximum of the day will be charged, and the hotelier is free to charge this day's service.
In cases for which the hotelier is neither responsible nor liable, the customer will pay half of the remaining reserved period in proportion to the price per person of the requested service.
As far as meals are concerned, in the half and full board formula, half of the unused meals for a maximum of two days will be charged.
Artikel 26. The advances representing 30% of the total amount for the contractually provided services must be paid immediately to the hotelier and at the latest 1 month before the date of arrival.
In the absence of payment, the hotelier has the right to cancel the hotel reservation without notice.
Article 27. If discounts are allowed for groups, a group is defined as a minimum of 20 paying people 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 due to a group, the following damages will be applied:
– 100% of the amount of the contract, less the advance payment received, if the cancellation is made on the day itself.
– 80% of the amount of the contract, less the deposit received, if the cancellation is made on the previous day.
– 50% of the amount of the contract, minus the advance payment received, if the cancellation is made one week in advance.
– 25% of the amount of the contract, less the advance payment received, if the cancellation is made four weeks in advance.
– 0% of the amount of the contract, less the advance payment received, if the cancellation is made more than four weeks in advance.
Article 28. The hotel reservation contract is governed by Belgian law.
All disputes arising from this agreement will be settled before the competent court of the hotel owner's place of business.
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