I/ SCOPE OF APPLICATION
- These General Terms and Conditions govern the rights and obligations of you as a (prospective) guest and A-STAY and its affiliates (including A-STAY Pelikaanstraat NV) within the scope of the services offered and provided by A-STAY and its affiliates. For the purpose of these General Terms and Conditions, an “affiliate” is any corporation, firm, partnership or other entity which directly or indirectly controls, is controlled by, or is under common control by A-STAY or wherein A-STAY has a significant shareholding or interest which allows it to affect policy of an affiliate. The guest (you) and A-STAY (and its affiliates) are collectively referred to as the parties and individually as a party.
- These General Terms and Conditions cover all aspects of reservation and post-reservation.
- (Prospective) guests acknowledge having read and accepted these General Terms and Conditions which are available for review on the Website and which will also be presented for acceptation prior to making any reservation. In any instance, the current version of these General Terms and Conditions is the one in force at the time of reservation is made and completed.
- These General Terms and Conditions are applicable to all reservations made via the Website or any other means which is developed later and in the event or a walk-in when a guest presents herself or himself at the hospitality center without a prior reservation.
II / RESERVATIONS
- Prospective guests can select the services displayed on the Website as offered by A-STAY and its affiliates or select services presented on the check-in displays of the hospitality centers of A-STAY and its affiliates.
- Prospective guests confirm that they are aware of the nature, purpose and reservation methods of the services available on the Website and have obtained the necessary and/or supplementary information needed to make the reservation with full knowledge of the facts.
- On the Website, prospective guests can reserve, as individuals and for their own personal requirements, a maximum of ten (10) rooms per reservation. Reservations above ten (10) rooms are considered as “group booking” and will be handled in accordance with A-STAY’s internal policy on group bookings.
- The reservation is deemed to have been accepted by the guest at the end of the reservation process.
A-STAY and its affiliates nonetheless reserve the right to verify the information submitted or provided by guests.
- Reservations by customers are made using the reservation webform available online on the Website or using the check-in displays available for this purpose at the hospitality centers.
- A reservation is deemed to have been made on receipt by A-STAY of a duly filled out reservation webform, when an online prepayment is made by credit card or when the reservation is confirmed by a “reservation confirmation number” sent to customers.
- Prior to any reservation, guests must complete the information required on the reservation webform.
- Guests attest to the veracity and accuracy of the information submitted. More specifically, guests making a reservation confirm that they are of legal age to enter into legally binding contracts.
- The reservation process includes the following main steps:
- Step 1: Finding a hospitality center and selecting suitable accommodation.
- Step 2: Checking the reservation details, total price and making any necessary changes to the selection (accommodation, rate, supplementary services if any), in the case of online reservations only.
- Step 3: Completing your details as guest.
- Step 4: Entering credit card details in case of guarantee request or prepayment.
- Step 5: Reviewing and accepting these General Terms and Conditions
- Step 6: Guest confirms reservation.
Confirmation of Reservation
- The Website will send a confirmation of reservation made by the guest immediately by sending an email to the guest to the email address provided by the guest.
Cancellation or Modification by Guests
- Reservations cannot be cancelled or modified unless provided otherwise or unless A-STAY or any of its affiliates specifically agree in their sole discretion to cancel or modify a reservation or otherwise offer a guest the possibility to do so. Changes to reservations can be made directly with the chosen A-STAY affiliate hospitality center, contact details of which will be provided with the reservation confirmation sent by email.
- Reservations with prepayment cannot be changed and/or canceled in any way, and sums paid in advance as a deposit or guaranteed by a credit card cannot be refunded.
- If cancellations are allowed, reservations can be canceled directly on the Website.
- If the stay is terminated early by the guest, the full agreed upon price is payable. In case of reservation with prepayment or guaranteed by a credit card, there will be no refunds.
- Unless expressly stated otherwise, guests must vacate their room before 11 AM local time on the final day of the reservation. Failing this, an additional day will be charged.
- Reservations are personal and can in no case be transferred to a third party, whether free, at a cost, or for commercial purposes unless A-STAY or its affiliate agree to such transfer.
III / YOUR STAY AT A-STAY
- Some hospitality centers may accept certain pets provided that they are kept on a leash or in a cage in public areas of the hospitality center. Please verify beforehand whether or not pets are allowed. As a rule, pets are allowed but an extra charge will apply.
- Guests must be of legal age. We only accept reservations made by people of legal age. Children under the age of 18 must always be accompanied by an adult, parent or guardian.
- Guests agree and undertake to use their accommodations responsibly. Therefore, any conduct contrary to accepted standards of behavior and public order may result in the management of the hospitality center requiring guests to leave with no compensation and/or refund if a payment has already been made. If no payment has been made, guests will be charged for the days they already stayed before being required to leave.
- WiFi access is offered which allows guests to connect to the internet. Guests undertake to ensure that computing resources made available to them by the hospitality centers are not used in any way for illegal activities including, without limitation, reproduction, representation, provision or communication to the public of works or material protected by copyright or any related right, such as texts, images, photographs, musical works, audiovisual works, software or video games, without the authorization of the copyright holder when this authorization is required. Customers are also required to comply with the security policy of the hotel’s Internet service provider, and with the rules for the use of security resources whose purpose is to prevent the illicit use of computing resources, and to refrain from any act that might undermine the effectiveness of these resources.
- Smoking is prohibited inside the building and outside designated smoking areas. Smoking outside these areas will result in a fine being payable.
IV / LIABILITY OF A-STAY AND ITS AFFILITIATES
- Photographs displayed on the Website are merely indicative. Although every effort is made to ensure that photographs, graphic images and text used to illustrate hospitality centers provide as accurate an impression as possible of the accommodation offered, variations may occur.
- A-STAY nor its affiliates can be held responsible for the non-fulfillment or inadequate fulfillment of reservations in cases of force majeure, unpredictable or insurmountable actions or negligence by third parties, or actions of guests, in particular the non-availability of the internet network (Wifi), inability to access the Website, external intrusion or malware such as computer viruses.
- Hyperlinks may link to third party websites which does not entail any form of endorsement of any product or service available through said third party websites. A-STAY nor its affiliates are responsible for the content of these third-party websites or the services or products offered on them.
- Any reservation or payment that is irregular, ineffective, incomplete, or fraudulent for any reason attributable to the guest will result in cancellation of the reservation or order at the guest’s sole expense and without prejudice to any civil or criminal action which can be brought against said guest.
- To the extent permitted by mandatory applicable local consumer law, either party’s maximum liability for damages shall not exceed in the aggregate the total value of the hospitality services payable by the guest. In no event shall either party be responsible or liable to the other party with respect to any subject matter covered by these General Terms and Conditions under any contract, negligence, strict liability or other theory. The above limitations will however not operate to limit the guest’s payment obligations and will not apply in the event of intentional fault or breach, personal injury or death attributable to the other party or damage to real property.
V / COMPLAINTS by GUESTS
- Complaints relating to the failure to execute or which relate to poor execution of the hospitality services have to be communicated in writing within eight (8) days of the date of departure from the hospitality center, either directly to the hospitality center itself or to A-STAY’s customer service which can be contacted as follows: email@example.com
- A-STAY hospitality centers are operated by affiliated companies that are legally distinct entities and are therefore solely responsible to customers for potential damages. Consequently, in cases of litigation, customers must deal exclusively with the Affiliate operating hospitality center in question.
VI / PRICING
- Prices relating to the reservation of services are indicated before and during reservation.
- Prices shown are per accommodation and may also depend on the number of person(s) and dates selected.
- Prices are confirmed inclusive of all taxes in the commercial currency of the hospitality center and are valid only for the period stated on the Website.
- If payment is made in a currency other than the currency confirmed on the reservation, the guest is liable for the exchange fees.
- All reservations, regardless of their origin, are payable your hospitality center’s local currency unless specifically indicated otherwise.
- Unless stated otherwise on the Website, additional services are not included in the price.
- Tourist tax if any, must be paid directly to the hospitality center with the possible exception of online prepayments where this amount may be included.
- Prices are inclusive of VAT applicable on the day of reservation and any change to the applicable VAT rate will be automatically reflected in the prices shown on the date of billing.
- Rates may be increased by different taxes according to cities/countries. Customers undertake to pay the various taxes. Any change or introduction of taxes, charges or levies imposed by the competent authorities, will be automatically reflected in the prices shown on the date of billing.
- Conversion into foreign currency is given as an indication and is non-contractual. Only the currency confirmed on reservation is guaranteed (if this currency is different from the one used in the hospitality center, possible exchange fees will remain the guest’s responsibility).
VII / PAYMENT
- Guests provide a guarantee for the reservation by using a credit card (Visa, MasterCard, American Express) which is required for check-in according to the hospitality center selected, indicating directly in the area provided for this purpose (secure entry by SSL encryption) the card number without spaces, the expiration date (the card used must be valid at the time of the stay) and the card security code in the relevant fields (secure entry by SSL encryption).
- Payment is debited at the hospitality center of choice during the stay, except in the case of special conditions or rates when payment is made at the time of reservation (online prepayment on certain rates). This prepayment serves as a deposit. In the case of a rate not prepaid online, the hospitality center may ask the customer on arrival for a deposit or an authorization to debit the credit card, in order to guarantee payment of the amounts corresponding to the services to be provided. Payment on check-out can be carried out using either a credit card (Visa, MasterCard, American Express) or a debit card. In case of failure to pay an invoice in due time, a flat-rate compensation for administrative expenses of 10% will be due automatically and without formal notice, with a minimum of €125. In addition, the conventional interests on arrears of 10% will be applied counting from the initial due date of the invoice until receipt of the entire invoice amount.
- In the event of a no-show (reservation not canceled – guest fails to arrive) when a reservation has been guaranteed by credit card, there will be no refunds of any prepaid bookings irrespective of the duration of the prepaid booking.
- A-STAY has chosen Pitco/Stripe payment services (payment service provider) to secure online payments by credit card. The validity of the guest’s payment card is verified by Pitco/Stripe. Payment cards may be refused for several reasons: stolen or blocked card, credit limit reached, entry error etc.
- At the time of prepayment or guaranteeing by credit card, the amount debited for the reservation includes the price of accommodation, taxes related to the accommodation, and any other supplementary services selected by the guest (if available).
- All invoices/bills are generated by electronic means. The original file is certified and will be made available to guests by e-mail. Invoices shall be due for payment within 15 days after invoice date.
- In case of corrections to invoices requested by the client after the invoice has been issued, for reasons not caused by the hotel, administrative fee of minimum €35 will apply.
If invoices are not paid on time, a first free reminder will be sent to you.
If you again fail to pay within the stipulated payment term as stated on the first reminder, you will be charged interest on arrears as stipulated by the Act of 2 August 2002 on combating late payment in commercial transactions as well as a fixed compensation as follows.
- 20 euros if the balance due is less than or equal to 150 euros;
- 30 euros plus 10 % of the amount due on the tranche between 150.01 and 500 euros if the balance due is between 150.01 and 500 euros;
- 65 euros plus 5 % of the amount due on the tranche above 500 euros with a maximum of 2000 euros if the balance due is above 500 euros.
The reminder fee for each additional reminder is €7.50 plus postage costs applicable at the time of sending.
VIII/ ARCHIVING of INVOICES & CONTRACTS
- Contractual documents will be archived in digital format.
IX / PRIVACY & PERSONAL DATA PROTECTION
X/ AGREEMENT ON EVIDENCE
- The computerized records retained in the IT systems of A-STAY and its affiliates will be kept under reasonable levels of security and will be considered as proof of communication, orders and payments between the parties.
- Guests are hereby informed that their IP address may be retrieved and collected when a reservation is made.
XI/ FORCE MAJEUR
Force majeure is understood to be any event beyond the control of the parties of an unpredictable and insurmountable nature that prevents either the guest or the hospitality center from fulfilling all or part of the obligations set out in the contract. Such events include:
- war (whether declared or not), armed conflict or the serious threat of same (including but not limited to hostile attack, blockade, military embargo), hostilities, invasion, act of a foreign enemy, extensive military mobilization;
- civil war, riot rebellion and revolution, military or usurped power, insurrection, civil commotion or disorder, mob violence, act of civil disobedience;
- act of terrorism, sabotage or piracy;
- act of authority whether lawful or unlawful, compliance with any law or governmental order, rule, regulation or direction, curfew restriction, expropriation, compulsory acquisition, seizure of works, requisition, nationalization;
- act of God, plague, epidemic, natural disaster such as but not limited to violent storm, cyclone, typhoon, hurricane, tornado, blizzard, earthquake, volcanic activity, landslide, tidal wave, tsunami, flood, damage or destruction by lightning, drought;
- explosion, fire, destruction of machines, equipment, factories and of any kind of installation, prolonged break-down of transport, electronic telecommunication networks or electric current;
- general labor disturbance such as but not limited to boycott, strike and lock-out, go-slow, occupation of factories and premises.
A-STAY shall not be liable to the other party in case of failure to perform its obligations resulting from an event of force majeure. It is expressly agreed that the force majeure suspends, for A-STAY, the execution of its obligations.
XII/ SETTLEMENT OF DISPUTES
- There is a European Online Dispute Resolution (ODR) platform which guests may be able to use to resolve disputes. Guests can access this platform via the following link: http://ec.europa.eu/consumers/odr/.
- In the absence of an amicable solution, guests can bring a claim before the territorially competent courts of the country wherein the specific A-Stay affiliate is located at which the guest intended to stay or effectively stayed.
XIII/ APPLICABLE LAW
These General Terms and Conditions shall be governed by and interpreted in accordance with the internal laws of Belgium without regard to conflicts of laws principles but without prejudice to mandatory protective provisions that may be applicable in the consumer’s country of residence.
XIV/ ENTIRE AGREEMENT
XV / AMENDMENT of THESE GENERAL TERMS & CONDITIONS
These General Terms and Conditions may be modified and/or supplemented at any time. In that case, the new version of these General Terms and Conditions will be made available online and will automatically apply as regards all guests with immediate effect, except for reservations made prior to the date on which said terms and conditions were published online, for which the previously accepted version of these General Terms and Conditions remain applicable.