TERMS OF SALE GITES
Article 1: Terminology
1.1. In the terms of sale following definitions are used:
- Lease agreement: the agreement under which ETI-GARDEN commits to delivering a stay in a holiday home.
- Customer: the person or group of persons who will spend a vacation or the person or persons responsible in their name for the signing of the lease agreement.
- Working days: Monday to Friday, excluding bank holidays.
- Rates: the rates stated in the documentation include VAT when this tax is applicable.
- Arrival/Departure date: the arrival date refers to the first day of the stay. The departure date refers to the last day of the end of the stay.
- Deposit: the amount that should be paid within 15 days in order to confirm the reservation of the holiday home.
- Guarantee: the amount given as collateral, to ensure that any damage to the house or its contents is compensated by the customer.
Article 2: The conclusion of a lease
2.1. The customer points to ETI-GARDEN a booking request by telephone, mail or e-mail.
2.2. ETI-GARDEN registers this request and possibly contacts the customer to obtain additional information. ETI-GARDEN provides the customer, if the booking request can be accepted, with a confirmation of the booking re-quest by mail or e-mail, with a request for the payment of the deposit.
2.3. The customer is requested to pay the deposit within 15 days following the receipt of the confirmation of the booking request.
2.4. ETI-GARDEN reserves the holiday home for 15 days following the sending of the confirmation of the booking request to the customer. If the deposit is not paid within a period of 15 days after receiving the confirmation of the booking request, ETI-GARDEN reserves the right to lease the holiday home to another customer.
2.5. The lease agreement shall take effect from the moment the customer pays the deposit to the account of ETI-GARDEN. At this moment the booking will be deemed to be final, the agreement is concluded and may give rise to the payment of cancellation fees in case of cancellation.
2.6. Insofar as the confirmation of the booking request precedes the date of arrival at least eight full weeks – and only in that case – the customer has the right to cancel his/her booking request without extra costs within a period of 15 calendar days as from the day following the confirmation of the booking request referred to in article 2.2 . This cancellation must be sent by registered letter. ETI-GARDEN will confirm the cancellation after the receipt of the registered letter.
Article 3: Information provided by the customer
3.1. The customer is obliged to provide ETI-GARDEN, before the conclusion of the agreement, with all information concerning themselves and the other members of the group that may affect the conclusion or performance of the agreement. This involves, among other things, the nature or composition of the group, the number of adults and children.
3.2. At the latest at the arrival on site, the customer is obliged to provide his bank details for the refund of the guarantee (account holder, address and bank account number, BIC and IBAN codes).
3.3. At the request of a public authority customers will show their identity card or their passport so that their data can be registered on the forms ad hoc.
Article 4: Scope of the agreement
4.1. The rental offers, contained in the publications of ETI-GARDEN are an integral part of the agreement. ETI-GARDEN is not held by obvious errors present in any of its publications.
4.2. A rental offer, included in one of the publications of ETI-GARDEN, is only valid within the limits of the availability of the goods offered. ETI-GARDEN may decide to withdraw an offer, temporarily or permanently, at any time.
4.3. The customer is obliged to respect the house rules proposed by ETI-GARDEN on site. They are an integral part of the agreement with the customer.
4.4. Information contained in the publications of ETI-GARDEN, may be excluded from the scope of the agreement under the following conditions:
- adjustments in respect of the original information which are communicated to the customer prior to the conclusion of the agreement
- adjustments in respect of the original information which are communicated after the conclusion of the agreement and which are the subject of a written agreement between the parties involved.
Article 5: Methods of payment
5.1. A deposit of 20 % of the total amount must be paid no later than 15 days following the day after the confirmation of the booking request referred to in Article 2.2. In all cases, the full balance of the amount must be paid to ETI-GARDEN not later than eight weeks before the start of the stay.
5.2. The payment of the amount will be done by bank transfer to the account of ETI-GARDEN, all bank charges being borne by the customer. ETI-GARDEN will consider as the payment date the date on which the amount has been booked on her bank account.
5.3. If payment is not made within the period, the customer is failing to fulfill its obligations and will receive from ETI-GARDEN a reminder that enjoins him to do so within a period of 7 days maximum. If after this period the payment was not made, the agreement shall automatically become legally void. ETI-GARDEN is entitled to charge cancelation fees to the customer in accordance with Article 7.
5.4. If the agreement is concluded during the eight weeks prior to the start of the stay, payment of the full amount must be made immediately. Payment must be made on the account of ETI-GARDEN at the latest within 3 full working days after the confirmation of the booking request and prior to the date of the beginning of the stay.
5.5. Failing this, the agreement will automatically be terminated in accordance with Article 7. The customer which has not fulfilled its financial commitments regarding ETI-GARDEN, will be charged an interest of 1% per month of delay. Moreover, he/she will be also automatically and without notice, charged a damages compensation of 15% of the unpaid amount, with a minimum of € 100, without prejudice to the collection and other costs.
Article 6: Rental price
6.1. The published rental amount is included per property per period of stay. Also published are the costs relating to the stay. It concerns the cleaning, the costs for water and energy, and additional costs related to bedding, towels and kitchen linen.
6.2. A guarantee shall be paid to the account of ETI-GARDEN. This guarantee, minus any damages, will be refunded by ETI-GARDEN no later than 15 days after the stay.
6.3. The customer cannot claim reimbursement of the rental price, the cleaning costs and the reimbursement for bed, bath and kitchen linen in case he/she would shorten the stay.
Article 7: Cancelation made by the customer
7.1. The customer has the right to opt out of the agreement within the strict limits of Article 2.6.
7.2. The customer may cancel the agreement at any time, only by registered mail. Once the deadline for the cancelation has passed, cancellation costs are however due. The cancellation fees are calculated as follows:
- For cancellation up to 2 months before the start of the stay: 30% of rental fees (excluding expenses).
- For a cancellation between 2 months and 1 month before the begin-ning of the stay: 60% of rental fees (excluding expenses).
- For a cancellation during the last month before the stay: 100% of rental fees (excluding expenses).
7.3. The cancellation shall take effect on the working day on which ETI-GARDEN takes note of the written decision of the customer, the stamp of the post counting as evidence.
7.4. The customer has the option to subscribe to a cancelation insurance of his/her choice.
7.5. In order to avoid unnecessary costs, the customer can proceed to the transfer of the booking to a third party. The beneficiary of this transfer must subscribe the same contractual conditions as the transferring party. This change should be notified to and treated by ETI-GARDEN in accord-ance with the articles of this agreement. The transferor and recipient are jointly liable for the payment of the rent.
Article 8: Amendment or cancelation made by ETI-GARDEN
8.1. ETI-GARDEN has the right to refuse a booking without having to specify the reason.
8.2. ETI-GARDEN has the right to cancel the agreement in case of force majeure, without having to pay any compensation to the customer. As force majeure is considered abnormal and unforeseeable circumstances beyond the control of those who rely on them and whose consequences cannot be avoided despite all precautions (such as fire, death of the owner, flood, natural disasters, etc … ).
8.3. ETI-GARDEN reserves the right to suspend or cancel the agreement before the date of the beginning of the stay without payment of any damages in case the customer has not fulfilled its payment obligations. Cancelation costs due will be charged to the customer.
8.4. ETI-GARDEN also reserves the right to terminate the agreement during the stay under the terms of Article 9.
Article 9: Liability of the customer
9.1. The person who enters in his/her own name or on behalf of a third party into an agreement is jointly and severally liable for all obligations arising from the agreement. He/She is legally responsible for the actions of the other members of the group, this includes the damage done by the latter.
9.2. The customer is required to respect the house, the neighbors and the environment and not to create noise nuisance. He/she uses the house with due diligence in accordance with the guidelines given by ETI-GARDEN.
9.3. The customer who by his/her conduct causes inconvenience, making the proper execution of the agreement impossible, shall expect ETI-GARDEN to take the necessary measures. The costs resulting from the interruption of the rent will be borne by the customer insofar the discomfort and inconvenience can be attributed to one of the residents. Any compensation to the customer is excluded in this case.
9.4. The customer is obliged to immediately inform ETI-GARDEN of any dam-age to the rented building or its contents. Any damages will immediately be reimbursed by the customer to ETI-GARDEN. The customer is responsible for any damage caused by him or by any occupant or any visitor, even if the damage is discovered after their departure.
9.5. The customer is obliged to respect the hours of arrival and departure as provided in the agreement. Any problems will be communicated to ETI-GARDEN as soon as possible in order to agree another hour of arrival. In case of surpassing the hour of departure by the customer ETI-GARDEN has the right to charge an additional day rent.
9.6. The client is required not to admit more persons than the holiday home can accommodate. In case of excess ETI-GARDEN shall be entitled to re-fuse access to the building, without the customer being entitle to claim any compensation.
9.7. ETI-GARDEN is also entitled to refuse access to the building without penalty in the event the customer is accompanied by one or more pets and does therefore not respect the given specific information regarding the access limits and prohibitions, as mentioned in the description of the house and the house rules. The presence of a pet must in any case be the subject of a specific and prior request to ETI-GARDEN, duly accepted in writing.
9.8. The amount of the guarantee is mentioned in the information provided on the website of ETI-GARDEN and the confirmation of the booking request. In case of (full) non-payment of the amount of the deposit, for whatever reason, ETI-GARDEN shall be entitled to refuse access to the building without any compensation. The agreement is then considered to be broken on the date of the beginning of the stay by the fault of the customer.
9.9. The cost of water, energy and other costs listed on the confirmation of the booking request shall be paid by the customer on the account of ETI-GARDEN together with the rent.
9.10. The customer is obliged to leave the building and its contents properly cleaned, even though an additional cleaning is foreseen. More particularly, the house must be cleaned up and be swept off, the dishes must be done. Possibly moved furniture has to be returned to their original locations. ETI-GARDEN is entitled to ask a specific compensation if the cleaning of the house require more time than usual.
9.11. A special care is given to the bedding. The customer is supposed to use to the bed linen at all times in order to protect mattresses, pillows, duvets, etc. If it appears that the material is tainted, ETI-GARDEN reserves the right to withhold the costs for additional cleaning from the guarantee.
Article 10: Liability of ETI-GARDEN
10.1. ETI-GARDEN is responsible for the proper execution of the agreement according to the reasonable expectations of the customer based on the contractual obligations.
10.2. The liability of ETI-GARDEN cannot be invoked in the following cases:
- a shortcoming due to the fault of the customer
- a shortcoming due to a third party unrelated to the current agreement
- a shortcoming resulting from a case of force majeure as defined in Article 8.2.
10.3. In these various cases, ETI-GARDEN will provide aid and assistance to the customer within the limits of what rightfully can be expected. Any costs incurred will be charged to the customer in the event of fault of the customer. In the event that neither the responsibility of the customer, nor those of ETI-GARDEN may be invoked, each party shall bear its own damages.
10.4. If, as a result of a shortcoming, the liability of ETI-GARDEN is invoked within the meaning of Article 10, the liability will be limited to what is ap-propriate in the relevant international law which would be applicable.
10.5. If a claim is covered by an insurance compensation it may be paid to the customer by the insurer with whom he has an insurance policy underwritten.
10.6. ETI-GARDEN cannot be held responsible for loss, theft, damage, injury or negligence caused to or by the customer and/or occupants during their stay.
10.7. ETI-GARDEN is responsible for the proper execution of the agreement and acts or shortcomings committed by its employees acting within the scope of their duties. Any agreement or consent given by ETI-GARDEN must necessarily be confirmed in writing, failing which they shall be deemed to be non-existent.
10.8. In all cases where the liability of ETI-GARDEN is involved, the damages which may be claimed, directly or indirectly, cannot exceed the amount of the rent paid.
Article 11: Deposit
11.1. The refund of the deposit, less any damage caused by the customer, oc-curs within the 15 days following the end of the stay. This permits ETI-GARDEN to do an inspection of the place after the departure of the cus-tomer and to ensure the absence of rental damage.
11.2. The 15-day period may be extended in case the owner, despite his obvious good will, was not in the possession of the correct bank details of the customer (bank account number, BIC, IBAN) necessary for a refund of the deposit.
Article 12: Complaints
12.1. The descriptions of the holiday homes in the publications of ETI-GARDEN have been made in good faith and include both objective and subjective elements. In the event a customer would still be dissatisfied ETI-GARDEN will do its best to deal with this complaint in a correct and efficient way.
12.2. A shortcoming identified during the execution of the agreement, must be brought immediately – and at the latest within 24 hours – to the attention of ETI-GARDEN, permitting ETI-GARDEN to investigate the shortcoming and to take the necessary measures.
Article 13: Disputes
13.1. In the event any provision of these Terms shall be deemed to be not applicable or invalid, this provision will be replaced by a legal provision that comes closest to the original provision. The other provisions relating to the terms of sale will thereby not be affected.
13.2. The agreement is governed by Belgian law. Any dispute arising from this agreement falls within the exclusive jurisdiction of the courts of the seat of ETI-GARDEN.