Conditions of use apartments

1. Contract

• The landlord is obliged to keep the holiday apartment booked by the guest ready and to provide the agreed services. The holiday flat corresponds to the equipment standard of an average rented flat. The landlord assumes a guarantee only for the specified equipment features.
• The guest is obligated to pay the prices of the landlord that apply or have been agreed for the provision of the holiday apartment and the other services used by him.
• All prices are inclusive of value added tax
• The guest is obliged to provide truthful information about the number of persons occupying the holiday apartment. The holiday apartment is available for a maximum of the number of persons stated in the advertisement. The occupancy with an exceeding number of persons requires the prior written consent of the lessor. In this case, the price for the provision of the holiday apartment increases to the price generally charged by the landlord for the corresponding occupancy.
• The payment of the price agreed upon for the letting of the holiday apartment as well as for the further services agreed upon with the guest is due at the latest on the day of arrival when the keys are handed over.
• The landlord reserves the right to demand an advance payment from the guest prior to arrival on the price agreed for the provision of the holiday apartment as well as the further services agreed with the guest.

2. General rights and duties; house rules

• The guest has to treat the holiday apartment and its inventory with care. The guest is obliged to comply with the house rules. From 22.00 o’clock to 7.00 o’clock the night rest applies. During this time, special consideration is required for fellow residents and neighbors. TV and audio equipment must be set to room volume.
• The accommodation of pets of any kind is not allowed in the apartment.
• There is a general smoking ban in the holiday apartment. In the event of infringements, a cleaning fee of up to € 200.00 shall apply. Smoking is only allowed on balconies and terraces.
• The use of the internet is permitted as long as it does not violate the legal regulations. Criminal acts (especially illegal downloads, page views) will be reported and prosecuted. The guest alone is liable for any unlawful use of the Internet.
• The installation and/or attachment of materials for decoration (in particular candles or similar) is not permitted in the holiday apartment. The guest is responsible for damages that occur due to violations.
• The landlord has a right of access to the holiday home at any time, especially in case of imminent danger. When exercising the right of access, due consideration must be given to the guest’s legitimate interests. The Provider shall inform the Guest in advance of the exercise of the right of access, unless this is unreasonable or impossible for the Provider under the circumstances of the individual case.

3. Cancellation; Cancellation

• The guest can only withdraw from the contract, without triggering payment or damage claims by the landlord, if the possibility of withdrawal has been agreed in writing between him and the landlord by a certain date. Without triggering any claims for payment or damages on the part of the landlord, the guest is entitled to cancel up to 30 days before arrival. A cancellation between. 29-20 days prior to arrival triggers a payment or compensation claim of 30% of the accommodation price to be paid. Between 19-10 days the claim is 60% ; and between 9-5 days the claim is 80% of the payable accommodation price. In case of cancellation <5 days, the guest is obliged to pay the full price of the accommodation.
• Cancellations must be made in writing to the landlord. The day of cancellation is the day of receipt of the cancellation by the lessor.
• If the guest does not appear on the day of arrival, the contract is considered cancelled. The above-mentioned claims for payment or damages are to be applied accordingly. In addition, the landlord may charge the guest an administration fee in the amount of 100.00 €.
• If a right of withdrawal of the guest within a certain period of time has been agreed upon in writing, the landlord is entitled for his part to withdraw from the contract within this period of time.
• Furthermore, the lessor is entitled to withdraw from the contract for an objectively justified reason or to terminate the contract extraordinarily, if e.g.
  • force majeure or other circumstances for which the lessor is not responsible make it impossible to fulfil the contract
  • the holiday apartment was booked under misleading or false information of essential facts, e.g. in the person of the guest or regarding the purpose or regarding the occupancy or regarding the accommodation of animals,
  • the holiday home is used for other than residential purposes
  • the lessor has reasonable cause to believe that the use of the service endangers the safety or peace of other guests or neighbours or the lessor’s reputation in public, without this being attributable to the lessor’s sphere of control or organisation.

4. Liability

• The lessor is liable for his obligations under the contract. Liability is limited to intent and gross negligence on the part of the lessor, if and insofar as the lessor does not have unlimited liability under the statutory provisions. Should disturbances or deficiencies occur in the services of the lessor, the lessor shall endeavour to remedy the disturbance or deficiency upon knowledge thereof or upon immediate complaint by the guest. The guest is obliged to contribute what he can reasonably be expected to do in order to eliminate the disturbance or defect and to keep any possible damage to a minimum.
• The landlord is not liable for items brought in by the guest. Any liability of the lessor according to these regulations is thus expressly excluded. This also applies expressly to valuables which the guest keeps and/or leaves in the holiday apartment.
• The guest is liable for all damages that he, his fellow travellers or his visitors have culpably caused in the house of the holiday apartment, in the holiday apartment and/or to the inventory of the holiday apartment. The guest is obliged to notify the landlord of any damage immediately. This applies in particular to damage that may also affect other apartments in the house (e.g. water damage, fire damage).

5. Arrival and departure, handover of keys

• The apartment is available from 15:00 on the day of arrival. The keys are available in the HOFLADEN and can be collected there during opening hours. Outside opening hours, access is possible via numerical code or smartphone. An earlier handover of the apartment may be possible after consultation with the landlord.
• On the day of departure, the apartment must be handed over by the tenant in an orderly and complete condition by 11:00 a.m. at the latest. In case of late vacating of the holiday apartment, the landlord is entitled to charge an additional payment of 25% of the daily rate per hour. Excepted from this are prior arrangements with the landlord.
• The handover is valid from the handover of the keys. These are to be handed in at the HOFLADEN. By prior arrangement, the keys can possibly be left on the table of the holiday apartment. The guest is obliged to check that the apartment door is properly closed. In the event of the loss of one or more keys, the guest must pay the lessor compensation for their replacement and, if necessary, for the installation of new locks.

6. Data protection

• The lessee undertakes to keep all access data secret and not to pass them on to third parties under any circumstances. The lessor has the right to change access codes at any time at short notice.
• The personal data provided by the guest will not be passed on to third parties by the landlord, unless this is necessary for the processing of the contract.

7. Final provisions

• Amendments or additions to this contract must be made in writing. Unilateral changes or additions by the guest are invalid.
• The contract is based on Belgian law. The place of jurisdiction is Eupen
• Should one of the above provisions be or become invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision which comes as close as possible to the purpose of the provision to be replaced. In all other respects, the statutory provisions shall apply.