In these general terms and conditions, the following terms and expressions shall have the meaning set out below. Immobiliar SPRL: company operating the holiday home “Le Ry de Belle Rose” located at rue Brasserie 84, 6927 Grupont, Belgium; hereinafter referred to as “Immobiliar” or “Immobiliar SPRL”. (Principal) Tenant: A (natural) person renting or wishing to rent the Le Ry de Belle Rose holiday home. Co-tenant: The person staying in the holiday home together with the (principal) tenant. Manager / on-site manager: The person responsible, on behalf of Immobiliar SPRL, for the administration of the holiday home. Third party: Any other (legal) person, other than Immobiliar SPRL or the Tenant. Cancellation: The withdrawal or termination of the booking. Booking: A holiday home booking accepted by Immobiliar. Termination: The legal “cancellation” of the rental agreement due to failure to comply with the obligations arising from said agreement. Holiday home / Gîte / Le Ry de Belle Rose: Property offered for rent by Immobiliar as a holiday residence. Stay: The actual use of a holiday residence.
Intellectual property protection
This website and its content, as well as the holiday home “Le Ry de Belle Rose”, are the intellectual property of Immobiliar SPRL. Any reproduction and/or distribution, regardless of the medium, whether or not for commercial purposes, is subject to the prior written authorisation of Immobiliar SPRL.
The use of the brand names and logos of Le Ry de Belle Rose and/or Immobiliar SPRL is prohibited without the prior written authorisation of Immobiliar SPRL.
Offers: Prices and rates
The offers of Immobiliar SPRL are non-binding and subject to possible changes, unless otherwise agreed in writing. All information on the website is intended to be accurate, subject to possible changes. Immobiliar SPRL cannot be held responsible for obvious errors and omissions appearing on its website. The Tenant declares having taken note of the description of the holiday home provided by Immobiliar SPRL on the website and not wishing for more detailed information than that provided. Additional costs such as energy costs, cleaning fees and local levies set by the authorities are indicated separately. These additional costs are based on factors determining their purchase cost (index, exchange rate, interest, etc.). In the event of changes to the factors determining the purchase price, Immobiliar SPRL reserves the right to adjust its prices and rates proportionally. Current prices and rates are indicated on the Immobiliar SPRL website: www.lerydebellerose.com
Conclusion and content of the contract
A contract between Immobiliar SPRL and the Tenant is concluded through a telephone, written or electronic booking confirmation of a holiday home. After booking, the tenant receives a confirmation of the booking or a rental agreement which serve as proof of contract. The booking confirmations and contracts sent by Immobiliar SPRL contain all the important details for the stay in the booked holiday home. For a successful stay and to avoid misunderstandings, upon receipt of the booking confirmation and rental agreement, the tenant must verify that the booking details are correct and complete, and report any errors or omissions to Immobiliar SPRL within 7 days of receiving the confirmation or rental agreement. In the absence of such notification within the agreed period, the Tenant is not entitled to invoke the inaccuracy or insufficiency of the booking confirmation or rental agreement. Immobiliar SPRL has the right to refuse a booking without stating a reason.
Cancellation and modification
The tenant is entitled to cancel in writing, subject to payment of the following cancellation fees: a. In the event of cancellation up to the 42nd day before the start of your stay, the cancellation fee amounts to 30% of the stay price; b. In the event of cancellation between the 42nd and 28th day before the start of your stay, the cancellation fee amounts to 60% of the stay price; c. In the event of cancellation between the 28th day and the day before your stay, the cancellation fee amounts to 90% of the stay price; d. In the event of cancellation on the first day of the stay or later, the cancellation fee amounts to 100% of the stay price. The postmark date or the date of the relevant email is decisive in determining whether the cancellation was made within the required timeframe.
Payment
Payment of the amount is made in two instalments: a. 50% of the amount must be paid immediately upon booking; b. the remaining 50% must be paid no later than 6 weeks before the first day of the stay. For any booking made within six weeks of the start of the stay, Immobiliar SPRL requires full and immediate payment of the stay price. Payments must be made by bank transfer to Immobiliar’s account. At the request of Immobiliar SPRL, the Tenant must be able to provide proof of payment. Immobiliar SPRL is not obliged to notify the Tenant of upcoming payment deadlines. In the event of non-payment, all procedural and enforcement costs as well as extrajudicial bailiff fees are chargeable to the Tenant. Extrajudicial bailiff fees amount to at least 15% of the invoice amount with a minimum of €100. Immobiliar SPRL has the right to require a payment guarantee, both before and after the conclusion of the contract.
Security deposit
Before staying in a holiday home, the Tenant must pay a security deposit (or rental guarantee) no later than upon arrival, failing which the rental agreement is deemed to be dissolved on the start date of the stay. This rental guarantee will be returned no later than 14 days after the end of the stay, reduced by any additional charges as stipulated in the rental agreement, as well as any additional cleaning costs deemed necessary by the manager and/or repair costs/compensation resulting from damage/loss attributable to the tenant.
Rights and obligations of the Tenant during the stay
In addition to these conditions and the rental agreement, local law may apply. To the extent that local law does not stipulate otherwise, these conditions and the rental agreement shall prevail. Unless otherwise stipulated in the rental agreement, the tenant’s arrival and key handover always takes place between 4pm and 6pm. In the event of late arrival, the tenant must notify Immobiliar SPRL or the on-site manager and agree on an alternative arrival time. Unless otherwise stipulated in the rental agreement, departure from the rented accommodation always takes place at the time indicated on the rental agreement. Immobiliar SPRL is never held responsible for the consequences of a departure after the indicated time. If the tenant exceeds the departure time stated in the rental agreement, they will be required to pay an additional day’s rental. The tenant undertakes to respect the rented accommodation and its surroundings, including noise levels, and to use the holiday home in accordance with the instructions provided by Immobiliar SPRL or the on-site manager. The Tenant is held civilly liable for damage caused to the rented accommodation or its inventory. If the Tenant causes damage, they must immediately inform the manager. Repairs or expenses resulting from such damage must be reimbursed by the tenant, either immediately and on-site for any amount below the security deposit, or by bank transfer no later than 15 days after the end of the rental for any amount exceeding the security deposit. The principal tenant is also civilly liable for damage caused by themselves, another tenant or a visitor, where such damage is found after their departure. The civil liability of the Tenant applies in particular in the event of significant incidents such as, but not limited to, fire or water damage resulting from inappropriate, negligent or reckless behaviour deviating from normal use of the holiday home by the principal tenant, a secondary tenant or a third party (visitor) admitted to the holiday home by the Tenants. The owner’s insurance may seek recourse against the Tenant and/or the Tenant’s civil liability insurance to cover the cost of repairs. Upon departure, the Tenant undertakes to leave the house tidy. Items present in the house must be returned to where they were upon arrival. The dishes must be washed and put away. Immobiliar SPRL or the on-site manager reserves the right to inspect the condition of the property at the end of the stay. In the event of negligence, additional (cleaning) costs may be charged to the Tenant. The Tenant must use the bed linen provided and is not permitted to use beds without sheets.
Termination of the rental agreement
Immobiliar SPRL reserves the right to terminate the rental agreement without compensation in the following cases: a) the tenant, despite written and registered letters of formal notice, has not complied with important obligations arising from these conditions or the rental agreement; b) the tenant does not respect the rented accommodation and its surroundings, including noise levels, during their stay, even after warnings from the on-site manager.
In the event of a problem
In the event of a problem noted upon arrival or during the stay, the tenant must immediately (within 24 hours at the latest) contact the manager. The manager will do their utmost to resolve the problem amicably with the tenant. If the problem could not be resolved on-site with the manager, the Tenant must contact Immobiliar SPRL by telephone (within 48 hours at the latest) to give them the opportunity to resolve the problem on-site. If the problem could not be resolved on-site either with the manager or with Immobiliar SPRL, the principal tenant shall send a written complaint to Immobiliar SPRL. Without this complaint signed by the principal tenant, the complaint will not be admissible and the tenant will not be entitled to any compensation. The complaint, specifying the grievance and its cause, where applicable, as well as the Tenant’s requests, must be sent to Immobiliar SPRL by the principal tenant within thirty days after the end of the stay. Any complaint submitted more than thirty days after the end of the stay will not be admissible. Immobiliar SPRL will process the complaint within 30 days of receipt and will seek an appropriate solution in accordance with the seriousness of the complaint and its relevance.
Force majeure
Immobiliar SPRL cannot be held liable in the event of force majeure (including, but not limited to, risk of war or war, military exercises, strikes, boycotts, traffic or transport disruptions, government measures, shortage of raw materials, natural disasters, nuclear disasters, and any other circumstances reasonably preventing Immobiliar SPRL from fulfilling its obligations) and may dissolve or postpone the rental agreement without the Tenant being able to assert any rights to compensation or restitution. If force majeure occurs during the stay, such that the Tenant could only partially stay in the holiday home, the rental agreement is deemed to be dissolved for the commenced period as well, even if the tenant can demonstrate actual deprivation of enjoyment of the rented accommodation.
Liability
Immobiliar SPRL cannot be held liable for inconveniences suffered by the Tenant or third parties resulting from the stay in the holiday home; the Tenant may not attribute responsibility for these to Immobiliar SPRL. More specifically, Immobiliar SPRL is not responsible in the event of a temporary interruption of water and/or energy supplies, lift breakdown, sauna, heating installation, swimming pool, etc.; nor in the event of changes to road layouts, access routes, nor for the relocation/closure of shops, businesses, ski lifts, etc. Immobiliar undertakes however to resolve the problem as quickly as possible and to the extent possible, where the problem falls within its remit (heating breakdown, power cut specific to the house, etc.). The liability of Immobiliar SPRL can only be engaged in the event of gross misconduct or negligence on the part of Immobiliar SPRL. Unless otherwise stipulated, the liability of Immobiliar SPRL may be engaged to the extent that Immobiliar SPRL is the sole legal party responsible under the rental agreement. This liability is always limited to direct damages and excludes any form of indirect damages. The liability of Immobiliar SPRL is always limited to the maximum amount that the insurer of Immobiliar SPRL or the owner will pay in such a case.
Miscellaneous clauses
The rental of the Le Ry de Belle Rose holiday home is made by a Tenant for private purposes, for holiday occupation. This therefore excludes any commercial use and/or use as a support for commercial purposes without the prior written agreement of Immobiliar SPRL.
Final clause
To the extent that private international law does not stipulate otherwise, Belgian law alone shall apply. All disputes arising from the rental agreement or these terms and conditions of sale shall fall under the jurisdiction of a competent court in Belgium and in French, to the extent that private international law does not stipulate otherwise. Neither party may transfer their rights and obligations to third parties. In the event that certain provisions of the rental agreement and these terms and conditions of sale prove to be null and void, the remaining conditions shall remain in force.