These general terms and conditions of sale have been concluded on the one hand between the company BEAPART S.A., whose registered offices are located at Square Ambiorix 28, 1000 Brussels, registered with Banque Carrefour des Entreprises under number 0552.749.847, referred to hereinafter as “the service provider” or “B-aparthotels” and, on the other hand, the beneficiary of the service referred to hereinafter as “the customer”. The customer and the service provider are referred to jointly hereinafter as “the parties”.
I. General terms and conditions
Article 1. Application of these general terms and conditions
All bookings with one of the B-aparthotels establishments presuppose consultation and unreserved acceptance of these general terms and conditions. Prior to confirmation of the booking, the customer shall be made aware of these general terms and conditions, which shall also be attached to the email confirming the booking. It is therefore assumed that the customer has been made sufficiently aware of these terms and conditions. In the event of a conflict between these general terms and conditions and the customer general terms and conditions, the former shall prevail.
Unless special terms and conditions are presented in writing by an authorised member of staff of B-
aparthotels, these general terms and conditions shall govern all the services provided by the latter. These general terms and conditions shall apply to all customers unless dispensation is granted under the special terms and conditions.
Article 2. Compliance with internal rules
The customer undertakes to behave in a responsible manner in the B-aparthotels establishments and to comply with the internal rules of the hotel. Any serious or repeated violation of this requirement shall authorise B-aparthotels to terminate the stay of the customer or individuals under his/her responsibility without notice.
Article 3. Responsibility of the customer
The customer is responsible vis-à-vis B-aparthotels both with regard to the individuals under his/her responsibility and to the damage which may be caused by the latter or by him/herself to people, property, equipment and other B-aparthotels facilities and in general to areas accessed by the public.
Article 4. Safety and identification procedure
B-aparthotels reserves the right to check the customer’s identification at any time. The customer must therefore carry identity papers or a passport.
Article 5. Guarantee
All bookings must be guaranteed, depending on the case and at the choice of B-aparthotels, by credit card, deposit or prepayment of the stay.
If the stay is being paid for by an institution (e.g. insurance company on behalf of a victim), the service provider may request written confirmation of the institution commitment to pay for the sat according to the agreed terms. This institution shall be jointly and severally bound to pay for the room. The application of the institution general terms and conditions of purchase or other terms shall be specifically excluded and in all events, in the case of contradictions, these general terms and conditions shall take precedence. B-aparthotels reserves the right to check the validity of payment and guarantee methods and to refuse the latter. If the booking is guaranteed by credit card, B-aparthotel reserves the right to pre-authorize credit cards prior to arrival for 250€ or a cash deposit may be requested as security deposit regardless of pre-payment. The customer must provide the exact details of his/her credit card and present the card used for the booking when confirming the payment. If the credit card cannot be presented for verification, the customer shall be requested to provide an alternative means of payment (other credit card, cash or bank transfer). If the details recorded in the booking document do not correspond to those of the customer occupying the room or apartment, the booking shall be amended with the new information provided. The guarantee shall apply to the price of the stay as well as to additional services (such as breakfast, parking, telephone, Internet, cleaning and laundry for example). It shall be determined by B- aparthotels at the time of the booking.
Article 6. Payment
The final payment (outstanding balance taking the guarantee and payments already made into account) shall be settled by the customer at the latest at the time of departure.
Article 7. Arrival and departure times and access to B-aparthotels establishments
The arrival time specified for B-aparthotels rooms is 2 p.m. The customer must leave the establishment by 11 a.m. on the departure date. Access to B-aparthotels establishments shall be gained by means of codes provided prior to the customer arrival. These codes shall be provided to the customer once the booking has been confirmed and guaranteed by his/her payment in accordance with these terms and conditions at the latest on the customers arrival date.
Article 8. Force majeure
B-aparthotels shall not be held responsible for the total or partial non-fulfilment of its obligations if this is due to the occurrence of a force majeure event such as, but not limited to, floods, fires, storms, terrorism, strikes or a state event. B-Aparthotels reserves the right to transfer the customer booking to another residence in the town in which the booking was originally made.
Article 9. Animals, smokers and noise pollutions.
The presence of animals shall be limited to small pets and must be mentioned by the customer at the time of the booking with an indication of the type of animal concerned. B-aparthotels reserves the right not to accept certain animals. The customer shall be charged a supplement of €20 per animal per day. Any damage caused by animals shall be charged to the customer concerned.
Smoking is prohibited in the B-aparthotels establishments (including bedrooms, stairwells, lifts, corridors and all areas accessible to the public in accordance with the law of 22 December 2009). If this ban is not respected, a cleaning charge of €250 (excl. tax) shall be applied, with higher penalties being possible if B-aparthotels finds more serious damage (including, but not limited to, inability to rent the room).No noise/party is allowed in the apartments. Any violation of this rule will be punished by a fine of 250 € which will be settled immediately.
Article 10. Supplements
Customers wishing to access their room before 2 p.m. shall be charged a supplement of €50. In the event of late departure and occupancy: (i) before 4 p.m.: a supplement of €50 shall be applied, (ii) after 4 p.m.: an additional night shall be charged.
Article 11. Minors
Bookings may not be made by minors. B-aparthotels reserves the right to refuse access to the residences to any minors who are not accompanied by a legal representative and to cancel the booking. B-aparthotels may also cancel a stay if it transpires that the residence it to be used by minors who are not accompanied by a legal representative.
Article 12. Complaint management
All complaints relating to non-performance or improper performance of services by B-aparthotels shall, in order to be valid, be sent to the company registered offices by registered letter within 7 working days of the event in dispute with a precise description of the elements alleged against B- aparthotels. Beyond this deadline, the complaint shall be deemed to be invalid.
Article 13. Protection of personal data
When a customer books a stay in one of our establishments, his/her collected data shall be subject to joint processing by B-aparthotels. This data is required in order to manage the customer booking and may be used to find out more about the customer and send him/her information on the products and services provided by B-aparthotels. The customers data is intended for consultation by B-aparthotels, its associated entities and service providers. The customers data may be transferred to entities based outside the European Union in order to manage the customer bookings, process his/her file within the framework of pre- contractual measures or on the basis of an authorisation by the competent authorities in relation to data protection. B-aparthotels shall process the data for which it is responsible for the purpose of the commercial management of its bookings, invoicing and payment, prospecting and promotion/sales drives, commercial statistics and satisfaction surveys. The data is intended for consultation by B-aparthotel,
its service providers and their departments for matters concerning them respectively.
In accordance with the legal provisions, the customer shall be granted the right to access, consult, correct, oppose and remove data held by B-aparthotels and the right to define guidelines for the processing of the data. The customer shall use the following unique address for this purpose: firstname.lastname@example.org.
Article 14. Divisibility
The nullity of one of the provisions of these terms and conditions shall under no circumstances result
in the invalidity or nullity of the remaining contractual provisions.
Article 15. Applicable law and settlement of disputes
These general terms and conditions and the contractual relationship between the parties stemming from the latter shall be governed exclusively by Belgian law with the exception of conflict of laws rules. In the event of a dispute, exclusive competence shall be granted to the French-speaking courts of Brussels.
II. General terms and conditions governing firms 2 , groups and bookings within the framework of long stays
Article 1. Application
On account of the customers concerned, the booking, confirmation, guarantee and payment conditions relating to firms, groups and long stays shall be governed by special terms and conditions which shall be provided at the time of the booking. However, the general terms and conditions referred to in point I and the subsequent provisions set forth in this point II shall remain applicable for all aspects which have not been dealt with in the special terms and conditions.
Article 2. Bookings
Bookings concerning firms, groups and long stays shall be made upon request by contacting email@example.com. A booking shall only be definite when the customer has received booking confirmation by email. The customer must check the accuracy of the information provided in the confirmation email and notify B-aparthotels immediately in writing in case of errors. Failing that, any subsequent disputes shall be deemed to be overdue and invalid and the full price of the booking shall be payable. If a customer, either a physical or legal entity acting on a private basis or otherwise, makes a booking for 4 or more individuals during the same period, the booking shall automatically be considered to be a group booking. In this case, the booking shall only be confirmed once the total cost of the stay has been paid. The balance (concerning additional services such as, but not limited to, breakfast, parking, telephone, Internet, cleaning and laundry and any damage caused) shall be guaranteed at the choice of B-aparthotels by credit card or prepayment.
Article 3. Price
The price stated at the time of the booking does not include VAT, tourism tax or equivalent taxes. These taxes may be therefore added to the stated price. All bookings, irrespective of their origin, shall be paid for in the local currency of the hotel unless it has been otherwise specified in writing. B-aparthotels reserves the right to alter its prices without notice.
Article 4. Payment
Invoices shall be payable at the service provider’s registered offices in the currency indicated in the invoice.
2 A firm is defined here as a physical or legal entity which is not acting for private purposes.
All overdue or partial payments shall lawfully incur default interest without prior notification equivalent to 1% per month, with all partial months being payable in full, in addition to a mark-up of 20% on the amount payable without this indemnity amounting to less than €100 per invoice. Payments made by the customer as settlement of his/her debt shall be allocated first of all to costs and interest and then to the reimbursement of the principal amount. All disputes relating to an invoice shall, in order to be valid, be sent to the service provider registered offices by registered letter within 8 working days of its submission with a precise, consistent description of the elements justifying the dispute. An overdue or partial payment of a single invoice shall render all other open invoices immediately payable. In the event of continued non-payment by the customer, B-aparthotels shall be authorised to terminate contractual relations immediately at the fault of the customer on lawful grounds and without prior notification. In this case, the customer shall be liable for a standard indemnity amounting to 15% of the open invoice value without prejudice to full compensation for the damage actually suffered by B- aparthotels.
Article 5. Extension of the number of nights
Any extension to the number of nights shall be considered as a new booking and shall therefore be subject to a written request in accordance with Article 2 of this point II. A new price proposal shall be sent to the customer which shall be confirmed by email by B-aparthotels. In order to guarantee availability, the customer is advised to send a written request 14 working days before the initial departure date.
Article 6. Promotional offers
B-aparthotels reserves the right to create temporary promotional offers which cannot be cancelled or reimbursed which may be based on a minimum number of nights. In the event of a cancellation or no-show 3 , the customer shall be liable to pay the price in full.
Article 7. Group stays
In the case of a group booking, the customer shall provide B-aparthotels with the exact, complete details of each individual involved in the booking together with their arrival and departure dates at the latest 15 working days before the arrival date. The customer must also notify B-aparthotels in writing of any potential amendments in connection with these bookings. Unless contrary written notification is provided to B-aparthotels, the customer shall be responsible for the entire group booking including cancellations and no-shows. If the members of the group are individually responsible for their bookings, they shall settle their balance at the latest when they check out. Failing that, the customer shall be jointly responsible for the settlement of the outstanding balance which has not be paid by the group members individually.
3 “No-show” refers to a booking which has not been cancelled where the customer is not present. The group shall be asked to behave in accordance with the internal rules of B-aparthotels and not to disrupt the balance of the hotel or residence. Otherwise, B-aparthotels may take action against the members of the group and the customer who made the booking.
Article 8. Long stays
All bookings placed for a period of more than 30 consecutive nights shall be automatically considered to be long stays. In this case, a specific contract shall be drawn up including the necessary booking conditions, partial or total cancellation terms and booking guarantees. All long-stay bookings shall be prepaid and settled on a monthly basis in view of the number of nights booked prior to the arrival date and before the beginning of the next month. Furthermore, the customer shall provide B-aparthotels with all the necessary invoicing details, payment guarantees and precise, complete details of each individual involved in the booking at the latest 15 days before the arrival date. Failing that, B-aparthotels reserves the right to consider the booking to be unconfirmed. In the event of a partial or total cancellation of nights during the stay, B-aparthotels shall retain the amount for the month already paid and the remaining cancelled nights shall be invoiced.