Terms & Conditions of Sales
GENERAL TERMS AND CONDITIONS OF RENTAL
FAGNE 515
ARTICLE 1 – GENERAL PROVISIONS
The reservation is confirmed with:
FERIA
Represented by Fabrice Ponchaut
Registered office: Les Battants Champs 4 – 4960 Malmedy – Belgium
Company/VAT number: BE 0890.079.819
Telephone: +32 485 84 09 18
Email: info@fagne515.be
Bank details:
Belfius
IBAN: BE97 0682 4788 5749
BIC/SWIFT: GKCCBEBB
This contract constitutes a tourist rental agreement. The length of stay is an essential condition of the contract. The tenant may not, under any circumstances, establish their primary residence in the rented property.
The establishment in question is:
Fagne 515
4 Rue des Charmilles
4960 Xhoffraix – Belgium
Maximum capacity: 30 people, including children and babies.
The tenant is required to respect this maximum capacity. Any occupancy exceeding 30 people may result in termination of the contract at the tenant's expense, without prejudice to any sums that may be owed to the landlord.
The tenant must arrive on the date and at the time indicated in their booking confirmation. In case of late or delayed arrival, they are required to inform the landlord.
Arrival and departure times:
Arrival: from 5:00pm ;
Departure on Monday or Friday: no later than 10:00 am ;
Departure on Sunday: no later than 5:00 PM .
Unless otherwise agreed with the landlord, these hours must be respected.
ARTICLE 2 – RESERVATION AND PAYMENT TERMS
Deposit upon booking
A deposit of 30% of the total booking amount is required to confirm the stay.
This deposit must be paid by bank transfer within 5 calendar days of receiving the booking confirmation .
If payment is not received within this period, the landlord reserves the right to cancel the booking request and make the dates available again, after informing the tenant.
Payment of the balance
The remaining 70% must be paid by bank transfer no later than 60 days before arrival .
For any booking made less than 60 days before arrival , the full amount is payable within 5 calendar days of confirmation , and in all cases before the start of the stay.
Special conditions
Some offers or reservations may be subject to specific payment terms, which will be communicated to the customer before booking.
ARTICLE 3 – NO RIGHT OF WITHDRAWAL
For bookings relating to accommodation provided on a specific date or for a specific period, the consumer tenant does not benefit from the statutory 14-day withdrawal period applicable to certain distance contracts .
The cancellation conditions stipulated in article 8 are therefore applicable from the moment the reservation is definitively concluded.
ARTICLE 4 – PRICE OF STAY AND SERVICES
Services included in the price
Unless otherwise stated in the offer or booking confirmation, the price of the stay includes:
The rental of the property and access to the facilities made available to occupants, including the indoor pool, jacuzzi, sauna, bar and games room.
Water, electricity and heating consumption, within the framework of normal and reasonable use.
Bed linen and bath towels for the occupants.
End-of-stay cleaning.
Additional services and options
The following services are offered as an additional option:
Beds made up on arrival: €7 per bed per stay. Bed linen is provided even if this option is not selected.
Equipped seminar room: €250 per stay, upon reservation and subject to availability.
Pets: €7 per pet per night, upon prior declaration and subject to acceptance.
State of the establishment at departure
The end-of-stay cleaning included in the price does not exempt the tenant from returning the property in a correct and respectful condition.
Waste must be deposited in the designated areas.
The premises, facilities and equipment must have been used normally and reasonably.
ARTICLE 5 – SECURITY DEPOSIT
Amount and payment
A deposit of €1,500 is required for each stay.
It must be paid by bank transfer no later than 7 days before the arrival date .
The deposit does not constitute payment for the price of the stay.
The landlord reserves the right to refuse access to the establishment if the deposit has not been paid within the specified period.
Warranty and return
The security deposit is intended to guarantee the sums which the tenant may still owe, in particular as a result of damage, loss, deterioration or abnormal expenses which are attributable to him.
The deposit is returned within a maximum of 14 days following departure , provided that no amount is owed to the landlord.
In the event of damage or outstanding amounts, the landlord may deduct from the security deposit the justified amounts necessary to cover them.
When the amounts owed exceed the amount of the deposit, the tenant remains liable for the difference.
In case of dispute
In the event of a dispute concerning damages or sums owed, the landlord may, under his or her responsibility, retain the disputed portion of the deposit until responsibilities are clarified, within the limits authorized by applicable legislation.
Any deduction must be justifiable.
ARTICLE 6 – RESPONSIBILITY OF THE BOOKER
The person making the reservation is considered the primary tenant .
She is responsible for ensuring that all persons participating in the stay comply with these General Rental Conditions.
She is also responsible for the financial obligations arising from the booking, as well as for damages attributable to persons participating in the stay, within the limits provided by applicable legislation.
ARTICLE 7 – DELAY OR NON-PAYMENT
Non-payment of the deposit
If the 30% deposit is not received within the period stipulated in article 2, the landlord reserves the right to cancel the booking request and make the dates in question available again, after informing the tenant.
Non-payment of the balance
If the balance of the stay is not paid by the due date, the landlord may send the tenant a formal notice in accordance with the applicable legal provisions.
If the situation is not rectified within the applicable period, the landlord may terminate the contract, without prejudice to any cancellation fees that may be due in accordance with Article 8.
Fees and late payment penalties
Any interest, compensation or costs related to late payment may only be claimed within the limits and according to the procedures provided for by applicable Belgian legislation.
ARTICLE 8 – CANCELLATION, EARLY DEPARTURE AND NO-SHOW
8.1 – Cancellation by the tenant
Any cancellation must be communicated in writing to info@fagne515.be .
The date of receipt of this communication determines the applicable cancellation conditions.
In the event of cancellation by the tenant, the following compensation is applicable to the total amount of the reservation:
More than 365 days before arrival: no compensation.
From 181 to 365 days before arrival: 10% of the total amount.
From 91 to 180 days before arrival: 30% of the total amount.
From 61 to 90 days before arrival: 50% of the total amount.
From 31 to 60 days before arrival: 75% of the total amount.
30 days or less before arrival: 100% of the total amount.
Any sums already paid will be deducted from the cancellation fee due. If the amounts paid are insufficient, the tenant will still owe the remaining balance of the fee. Any overpayment will be refunded.
The specific cancellation conditions linked to certain offers or reservations, when communicated before the reservation, prevail over these provisions.
8.2 – Cancellation by the landlord
In the event of cancellation of the stay by the landlord for a reason attributable to him, the tenant will be fully reimbursed for sums already paid.
The landlord will also pay the tenant compensation equivalent to that which would have been due from the tenant if he had cancelled the stay at the same time.
This additional compensation is not applicable when the cancellation results from a case of force majeure or circumstances beyond the control of the landlord.
8.3 – Force majeure
In the event of force majeure preventing the execution of the stay, the parties will first seek a suitable solution, including postponing the stay to another date.
In the absence of an agreement, the applicable mandatory legal provisions will be respected.
8.4 – Premature Departure
Any premature departure or interruption of the stay initiated by the tenant does not entitle the tenant to any refund, even partial, of the price of the stay, subject to the applicable mandatory legal provisions.
8.5 – Non-presentation
In case of no-show by the tenant, 100% of the total amount of the stay remains due .
If the tenant does not show up within 24 hours of the scheduled arrival date , the landlord may make the property available again.
ARTICLE 9 – LIABILITY AND INSURANCE
The Fagne 515 establishment is covered by the insurance policies taken out by the landlord as part of its tourist operation.
However, these insurances do not release the tenant from their responsibility for damages, deterioration or losses attributable to them , or caused by people participating in their stay, their guests or animals under their responsibility.
The tenant is required to verify that they have civil liability insurance covering the risks associated with their stay and, where applicable, their rental liability .
It is up to him to check with his insurer the extent of his coverage.
Any disaster, accident, damage or loss occurring during the stay must be reported to the landlord as soon as possible .
The tenant remains responsible for any damages attributable to him/her, in accordance with applicable legal provisions and these General Rental Conditions.
ARTICLE 10 – DOMESTIC ANIMALS
Pets are allowed at Fagne 515 only upon prior declaration and with the landlord's agreement.
They must be declared at the time of booking. A supplement of €7.00 per pet per night applies and must be paid in advance.
Animals must remain under the supervision and responsibility of their owners for the entire duration of the stay.
Animals are not allowed on beds, sofas and other upholstered furniture, nor in the wellness facilities (swimming pool, jacuzzi and sauna).
The tenant is required to pick up their animals' excrement, including in the outdoor areas of the property.
The tenant is responsible for any damage, soiling or nuisance caused by their animals.
The presence of an undeclared animal may result in the corresponding supplement being charged, as well as any justified cleaning, repair or restoration costs.
ARTICLE 11 – USE AND OCCUPANCY OF PREMISES
Use of the facility
The tenant agrees to use Fagne 515, its equipment and outdoor spaces carefully, responsibly and in accordance with their intended purpose.
He is responsible for the behavior of the people participating in his stay as well as for any damage or deterioration attributable to them.
The maximum capacity of the establishment is set at 30 people, including children and babies . This limit must be respected throughout the entire stay.
Parties and respect for the neighborhood
Parties, student nights, stag/hen parties and other festive events likely to cause disturbances are prohibited.
The tenant agrees to respect the peace and quiet of the neighborhood. Quiet must be observed from 10:00 PM onwards , particularly in outdoor areas.
Music and activities within the establishment must also remain at a reasonable noise level so as not to cause a nuisance.
In the event of significant or repeated disturbances, the landlord may take appropriate measures, in accordance with applicable legal provisions.
Use of equipment
The indoor pool, jacuzzi, sauna, bar, games room, barbecue and other facilities must be used in accordance with their intended purpose and the instructions posted on site.
Children must remain under the constant supervision of a responsible adult , particularly in the swimming pool, jacuzzi, sauna and their surrounding areas.
The tenant agrees to comply with safety instructions and not to modify the technical settings of the installations.
Reporting anomalies
Any breakdown, anomaly, deterioration or damage observed during the stay must be reported to the landlord as soon as possible.
ARTICLE 12 – CONDITION OF THE ESTABLISHMENT AND INVENTORY
The tenant is advised to check the general condition of the property, the furniture and the equipment made available to them upon arrival.
Any anomaly, damage, missing equipment or significant difference noted upon arrival must be reported to the landlord no later than 10:00 a.m. the day after arrival .
If no report is received within this period, the establishment and its equipment will be presumed to have been made available in a compliant condition, subject to hidden defects and evidence to the contrary.
Any damage or anomalies observed during the stay must be reported to the landlord as soon as possible.
ARTICLE 13 – CLAIMS, APPLICABLE LAW AND DISPUTES
Complaints
Any complaint relating to the stay must be sent in writing to info@fagne515.be , preferably within 8 days of the end of the stay .
The claim should be accompanied, where possible, by the supporting documents necessary for its examination.
This delay does not deprive the tenant of the rights and remedies granted to him by applicable legislation.
Dispute resolution
In the event of disagreement, the parties agree to seek an amicable solution as a priority.
These General Rental Conditions and reservations made with Fagne 515 are subject to Belgian law .
Subject to the applicable mandatory legal provisions, in particular those relating to consumer protection, the competent courts of the judicial district of Liège may have jurisdiction over any dispute relating to the reservation or the stay.
ARTICLE 14 – IDENTIFICATION OF OCCUPANTS
When required by applicable legislation, the landlord may proceed to register the identity data of persons staying at Fagne 515.
The main tenant undertakes to provide the information necessary to comply with legal obligations relating to the identification of occupants.
Occupants must, where applicable, be able to present a valid identity document .
The personal data collected is processed in accordance with applicable regulations regarding the protection of personal data (GDPR).
ARTICLE 15 – RESERVATION CONFIRMATION AND ACCEPTANCE OF TERMS AND CONDITIONS
Acceptance of the general terms and conditions
The tenant acknowledges having had the opportunity to review these General Rental Conditions before validating their reservation.
Confirmation of the reservation implies acceptance of these General Rental Conditions as well as any specific conditions applicable to the reserved stay.
Booking confirmation
The booking confirmation sent to the tenant specifies in particular the dates of the stay, the services booked, the agreed price and any special conditions.
This confirmation, together with these General Rental Conditions, constitutes the entire contractual agreement binding the parties.
Special conditions
In the event of a conflict between a specific condition expressly agreed upon at the time of booking and these General Rental Conditions, the specific condition shall prevail for the element concerned, in compliance with applicable legal provisions.
FERIA – Fagne 515
4 Rue des Charmilles
4960 Xhoffraix – Belgium
Email: info@fagne515.be
Telephone: +32 485 84 09 18
Company/VAT number: BE 0890.079.819
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