I. GENERAL TERMS AND CONDITIONS OF GUEST ROOM HIRE
1. PROVISIONS APPLICABLE AND ACCEPTANCE OF GENERAL TERMS AND CONDITIONS
All reservations for stays in guest rooms whose owner is a member of the Fédération des Gîtes de Wallonie (Gîtes of Wallonia Federation) and these reservations alone are governed by these general terms and conditions.
Unless otherwise stipulated, the client is deemed to have read these terms and conditions and to have accepted all the clauses thereof at the latest when the down payment on the reservation is made or upon taking possession of the room.
The owner certifies that the leased property complies with Book III of the Walloon Tourism Code on fire standards for tourist accommodation in the region.
2. ESTABLISHMENT OF THE CONTRACT AND PAYMENT OF THE PRICE
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 BE54 3632 0316 2597 or has left his bank details to guarantee the reservation.
Taking possession of the room also constitutes a rental agreement. The prices are understood inclusive of all charges, excluding tourist tax and any supplements.
The balance due for the stay is to be settled upon arrival at the owner's. Payment for consumption and additional services not provided for in advance will be made to the owner at the end of the stay. Unless otherwise indicated, all payments effected on site are made in cash only.
3. CANCELLING THE CONTRACT
The owner must be notified by letter, fax or e-mail of any cancellation by the client.
• 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 owner retains the down payment.
• If the cancellation is made less than 48 hours before the start of the stay, the owner retains the down payment and reserves the right to claim the balance of the price of the accommodation.
• If the stay is cut short, the owner retains the price corresponding to the cost of the accommodation and the additional services requested but not used.
If the stay is cancelled by the owner before the start date of the stay, he must inform the client of this by all possible means and send confirmation by recorded delivery with acknowledgement of receipt. The sums paid will be refunded to the client immediately, without prejudice to claims for compensation for any loss suffered. Except in cases of force majeure, the client will also receive compensation equal to half the price of the stay if the cancellation is made less than 48 hours before the start of the stay, or will be offered accommodation of the same quality or superior quality at the
price of his reservation.
4. ARRIVAL, DEPARTURE AND LENGTH OF STAY
The client must arrive on the day stated, at the time indicated. As a legal obligation, the client will be requested, immediately upon arrival, to provide the information necessary for the clearance of tourist traffic (name and address, identity number, etc.).
In the event of a late or deferred arrival, the client must inform the owner. If the client has not appeared within an hour following the day and time indicated for the start of the stay, the reservation becomes invalid and the owner may have his guest rooms at his disposal.
The owner retains the down payment and reserves the right to claim the balance of the price of the accommodation.
Unless otherwise agreed with the owner, client will leave before 11.00 am.
In the event of a booking for a specified period in excess of 15 days, or for an indefinite period, the parties will draw up an inventory of fixtures and fittings in the presence of both. Clients who make a reservation with an owner for a specific period may not under any circumstances assert any right whatsoever to remain in the premises beyond the scheduled period. Transfer and subletting are forbidden.
5. USE AND OCCUPATION OF THE PREMISES
The client must respect the quiet nature of the premises and use them as intended. He will bear in mind the peace and quiet of the other occupants and of the owner. Parents will ensure that their children abide by the rules of life in the premises.
The stay is reserved for a specific number of people, including babies and infants. If the number of clients exceeds this number, the owner is entitled to refuse the additional clients or to oblige the client to reserve another room (if available) to accommodate these clients, at the price indicated.
This refusal may not under any circumstances be considered a modification or a breach of contract at the initiative of the owner, so that should the client leave, no reimbursement may be considered.
Pets are only accepted with the special consent of the owner. If this rule is not observed, the owner is entitled to refuse to allow the client to enter the room. This refusal may not under any circumstances be considered a modification or a breach of contract at the initiative of the owner, so that should the client leave, no reimbursement may be considered.
Clients are asked not to smoke or eat in their room to avoid accidents which may harm the quality and atmosphere of the accommodation.
Clients undertake to return the room and furniture made available to them in good condition.
Any complaint relating to the inventory must be
• reported immediately to the owner,
• submitted to the Fédération des Gîtes de Wallonie by e-mail, fax or post within three days of the start of the stay.
Any other complaint relating to the stay may be sent to the Federation, which is competent to put forward a proposal aimed at reaching an out-of-court settlement. Should this prove impossible, the court of the legal district of the place in which the building containing the rooms 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.