Booking Terms and Conditions
In addition to the Terms and Conditions of Use, owners (individuals or businesses who supply holiday accommodation for rental to holidaymakers) and tenants (individuals who place bookings with owners via www.holidaysweb.be) must acknowledge and accept these Booking Terms and Conditions. Tenants and owners are asked to read carefully these Terms and Conditions and all booking confirmations sent to tenants upon the owner’s acceptance of a tenant’s booking request, which also refer to these Terms and Conditions.
the Terms and Conditions
1. By accessing the website www.holidaysweb.be and/or by using the services provided by said website in the capacity as a potential tenant or owner, you accept these Terms and Conditions, which you acknowledge that you have read and understood.
2. Holidaysweb.be reserves the right, at its full discretion, to update or amend these Terms and Conditions at any time.3. These Terms and Conditions are available in French, Dutch and English.
2. Terms and Conditions of Use of the Website (link to the Terms and Conditions of Use)
1. Owners and tenants accept that they are bound by the Terms and Conditions of Use relating to their use of the website and/or the services provided by said website (as defined in the Terms and Conditions of Use). They are asked to read carefully the Terms and Conditions of Use and, in particular, Article 7 (Terms and Conditions applying to Owners) and Article 8 (Terms and Conditions applying to Tenants), which they are required to acknowledge and accept. In addition, as stipulated in Article 2 of the Terms and Conditions of Use and the paragraphs hereinbelow, Holidaysweb.be reiterates that it is only a platform which enables:
a) owners to place advertisements regarding their holiday accommodation available for rental,
b) tenants to consult these advertisements,
c) owners and tenants to come into contact with each other and enter into rental agreements.
Therefore, Holidaysweb.be is not under any circumstances a party to the rental agreements and declines all liability relating to these transactions.
2. Holidaysweb.be is not a travel agency or a real estate agency with regard to the services or rental agreements entered into with the owners since Holidaysweb.be is not a party to said agreements and does not purchase, possess, sell, supply any properties or other travel services in its own name, as stipulated hereinbelow and in Article 2 of the Terms and Conditions of Use.
3. As stipulated in the Terms and Conditions of Use, Holidaysweb.be’s role is limited to offering, via its website, a meeting place for users. Holidaysweb.be does not purchase, possess, sell, sublet, manage or supply any of the properties advertised on its website by owners, or provide any services to tenants. Moreover, Holidaysweb.be does not enter into any rental agreements regarding said properties and does not confer any right to accommodation whatsoever, or offer of transport or services whatsoever at the location of the holiday accommodation. The website www.holidaysweb.be is a platform which enables registered owners to offer holiday accommodation to tenants. Owners may be either owners of the holiday accommodation advertised on the website or individuals (including, in particular, professional real estate managers) duly authorised to arrange or enter into rental agreements for said properties directly with tenants. Holidaysweb.be is consequently not a party to rental agreements entered into between owners and tenants and is not the agent or representative, in any capacity whatsoever, of the owners. Its liability in the scope of providing the website and/or the services is limited to transferring contact details to owners and tenants as stipulated in Article 7 of the Terms and Conditions of Use. The agreement to be entered into between owners and tenants shall relate to the owner’s renting out of holiday accommodation in accordance with the Terms and Conditions determined by mutual agreement by the parties, including in particular, the term of the rental. Each contracting party shall be exclusively and fully liable for the performance of its obligations under said rental agreements. Holidaysweb.be shall not under any circumstances be held liable as a result of these transactions. If the tenant enters into a rental agreement with an owner to book a property advertised on the website, he/she accepts expressly to determine the terms and conditions thereof jointly with the owner and undertakes to accept said terms and conditions and any term and condition, rule or restriction regarding the given property laid down by the owner.
4. The owner, regardless of whether he/she has consumer status or otherwise (i.e., any individual who purchases or uses goods available for sale for purposes other than professional purposes) shall not be entitled to any cooling-off right with regard to advertisements placed on the website, insofar as said advertisements are immediately displayed on the website as soon as the various fields have been completed by the owner and Holidaysweb.be has performed its service, with the consumer’s express agreement before the expiry of a 14-day time limit. By accepting these general Terms and Conditions, the owner represents that he/she has been informed specifically that there is no cooling-off period and declares his/her agreement regarding this matter. [opt-in]5. Holidaysweb.be shall not under any circumstances be held liable for the condition of the properties advertised on its website. As stated in the Terms and Conditions of Use, Holidaysweb.be does not recommend and approve any of the properties or users registered on the website. Holidaysweb.be does not exercise and cannot exercise any control over the determination of the rental fees, the conduct of owners, tenants and other users of the website or services, the content of advertisements displayed on the website, or the condition or the reliability of the advertisements or advertised properties. Holidaysweb.be declines all liability relating to advertisements or owners’ supply of any holiday accommodation available for rental and/or advertised on the website, and/or for any error or omission in the descriptions provided by owners. All bookings shall be made at the parties’ risk.
1. Tenants may send a booking request via the website in accordance with the booking request procedure and by clicking on the confirmation box or link (located in the My holidaysweb.be area or in the e-mail sent to them). Tenants must check all information provided by them and correct any errors before submitting a booking request. It is not possible to correct an error after clicking on the box or link.
The tenant may discontinue the booking request procedure at any time before he/she clicks on the confirmation box or link simply by closing the application window.
2. Once the booking request has been submitted, Holidaysweb.be shall notify the owner in question by e-mail and by message in his/her My Holidaysweb.be notification area that he/she must accept or refuse the booking request. Owners are under the obligation to accept or refuse a request within 36 hours. After this time limit, the request shall automatically lapse. If the request is accepted by the owner, the tenant shall receive a booking confirmation e-mail containing the owner’s contact details. The owner shall also receive the tenant’s contact details. The payment procedure stipulated in Article 4 hereinbelow shall apply as from receipt of the booking confirmation.
3. As soon as said contact details have been provided, all communication relating to the booking (e.g., booking or rental details such as the time of arrival or key handover) must be carried out directly between the tenant and the owner.
4. Upon receipt of the booking confirmation, the tenant shall enter into an agreement directly with the owner in question. Owners must not rent out their property before booking confirmation has been sent via the website. Moreover, a tenant shall not qualify for any booking guarantee until payment has been made by the tenant in accordance with these Terms and Conditions. By sending booking confirmation, owners shall be fully liable for the rental of the property referred to in the booking confirmation.
5. If a tenant submits a booking request for accommodation, he/she shall be wholly liable for the full payment of the rental fees owed in relation to said booking if it is accepted by the owner, in accordance with these Terms and Conditions and any other term or condition, or arrangement relating to the booking agreed between the tenant and the owner. In order to ensure payment collection, tenants must provide their credit card details and a billing address. Holidaysweb.be shall also obtain a credit card debit authorisation for the total amount corresponding to the booking request in order to ensure that it has sufficient funds to cover the transaction. If the booking request is accepted by the owner for the dates indicated in the booking request, the payment procedure stipulated in Article 4 hereinbelow shall apply. If the booking request is refused, cancelled or expires, credit card debit authorisation shall be withdrawn.
6. If the tenant cancels his/her booking, the provisions relating to refunds stipulated in Article 5 hereinbelow shall apply. However, please note that no refund shall be granted by Holidaysweb.be, which acts simply as an intermediary and is not a party to the rental agreement. In addition, Holidaysweb.be’s administrative fees (as defined hereinbelow) are not refundable.
7. All sums collected and received by Holidaysweb.be from tenants for reservations made on the website shall be held by Holidaysweb.be, in accordance with its conditioned obligation to transfer or account for such sums to the owners, after deduction of its fees.
4. PaymentIntroduction: Holidaysweb.be shall not under any circumstances participate in setting or negotiating the rental fees which shall be left to the sole discretion of the owner/landlord (or advertiser), and shall not exercise any control or influence in any way whatsoever over the properties advertised for rental by the owners.
1. If the tenant books a stay with an owner and if a rental agreement is entered into via the website, the tenant acknowledges and accepts that the full payment of the costs indicated in the owner’s advertisement published on the website and confirmed in each booking confirmation agreed with the owner shall be debited from his/her credit card. Said costs shall include rental fees and additional costs (included at the owner’s discretion), determined and set solely by the owner and not by Holidaysweb.be (cf. Article 8 hereinbelow for further information regarding additional costs and final cleaning costs) which may be charged by an owner.
2. Holidaysweb.be shall debit a percentage of the total advertised amount of the rental (corresponding to the deposit payable to the owner and Holidaysweb.be’s booking fees), via the website as soon as the owner confirms the booking request and said booking confirmation is sent by the owner. The tenant shall accept to pay for any booking request which is accepted by the owner. As stipulated hereinabove, owners are under the obligation to accept or refuse a request within 36 hours.
3. Holidaysweb.be declines all liability relating to costs which may be debited by a tenant’s bank following the debit of his/her payment.
4. As stipulated in the Terms and Conditions of Use, Holidaysweb.be shall arrange for a bank transfer to the owner’s bank account in accordance with the arrangements determined by mutual agreement between Holidaysweb.be and the owner.
5. The tenant authorises and accepts that Holidaysweb.be debits his/her credit card (directly or indirectly via a third party payment centre, subject to said third party’s general terms and conditions), for the amount of the payment covering the deposit payable to the owner and its own fees as soon as the owner confirms the booking. The tenant also accepts to pay all other costs that are agreed with the owner before the booking confirmation, which were not included in the payment upon his/her arrival at the holiday accommodation or in accordance with the terms agreed with the owner. The tenant shall receive a notification e-mail relating to receipt of payment.
6. Payment shall be made using all acceptable means of payment stated on the website, including, in particular, by debit or credit card (Eurocard/MasterCard, Visa or Bancontact). Payment in cash or by cheque is not be accepted. Therefore, Holidaysweb.be shall not be held liable for any loss of cash or cheques. The tenant shall be asked to provide standard billing details, such as his/her name, billing address, credit card details or other relevant details regarding the means of payment.
7. In certain cases, in addition to the billing and
payment details provided with the booking request in the scope of Article 4.6 hereinabove,
proof of identity may be requested at the time of the booking request, when the
payment is debited or at any other time before the scheduled arrival date at
the accommodation. In the event where the aforementioned proof of identity is
not provided on request, the owner and/or Holidaysweb.be reserves the
right to cancel the booking.
5. Changes and Cancellations by Tenants
1. Tenants who wish to change their booking must contact the owner and communicate directly with him/her regarding said changes. As the tenants will have already negotiated and accepted the booking Terms and Conditions with the owner, it is important for them to note that the owner is entitled to claim and debit additional costs for these changes.
2. Tenants may cancel their booking at any time in accordance with the cancellation policy stipulated hereinbelow. Payments owed in accordance with said cancellation policy shall be deducted from any refund to the tenants and transferred by Holidaysweb.be to the owners (Holidaysweb.be’s fees are non-refundable).Any cancellation must be notified to the owner by e-mail or by fax.
The owner shall apply deductions depending on the date on which the tenant cancels the agreement:
* cancellation up to 56 days before the start of the stay: 60% of the amount of the stay shall be deducted.
* cancellation between the 56th day and the 42nd day before the start of the stay: 75% of the amount of the stay shall be deducted.
* cancellation less than 42 days before the start of the stay: 100% of the amount of the stay shall be deducted.
Administrative fees are not refundable.
If the tenant does not show up or cuts short his/her stay, no refund shall be made, unless otherwise provided by the cancellation insurance policy or by mutual agreement.
6. Cancellations by Owners
Unless otherwise agreed, owners are not entitled to cancel bookings.
7. Cancellations by Holidaysweb.beAs stipulated in Article 4.7 hereinabove and Article 7.14 of the Terms and Conditions of Use, Holidaysweb.be reserves the right to cancel any booking at any time due to security reasons or fraud prevention. In this case, the cancellation policies shall not apply so the owner shall not receive any sums whatsoever for the cancelled booking. In addition, if the tenant in question has already paid, he/she shall be entitled to a full refund by bank transfer.
8. Additional CostsThe owner may charge additional costs in the form of a deposit or other costs (e.g., cleaning costs, warranty deposit and late check-out charge), which shall be payable by the tenant, without being included in the owners’ costs and which may be charged to the tenant in the scope of a separate agreement, or stipulated expressly in the summary statement of the booking request. Payment of said costs (e.g., on arrival or on departure) must be made by the tenant to the owner in accordance with the Terms and Conditions agreed between the tenant and the owner. As stipulated in the Terms and Conditions of Use, Holidaysweb.be does not accept any request or claim from tenants relating to said additional costs or payment thereof and declines all liability relating to said costs.
9. Tenant Conduct
The tenant accepts that he/she shall be solely liable for the good conduct of his/her group of holidaymakers during his/her stay in an owner’s holiday accommodation. Holidaysweb.be shall not be required to pay any compensation whatsoever or cover its costs or expenses (including, in particular, the cost of alternative accommodation) if the owner terminates his/her stay before the scheduled departure date due to his/her conduct or the conduct or any individual in his/her group.
If the tenant damages the owner’s personal property or accommodation, he/she must fully refund the owner. The tenant must also hold Holidaysweb.be harmless against all costs (including, in particular, legal costs) relating to any claim or recourse launched against by Holidaysweb.be by the owner or by any third party relating to the conduct of the tenant or any member of his/her group.
If all or part of the provisions of these Terms and Conditions are deemed by a court with jurisdiction or a competent authority to be null and void or inapplicable due to any reason whatsoever, said provision or part of said provision shall be struck out but all remaining provisions shall remain in force as if said provision or part or said provision had never existed.
11. Governing Law and Jurisdiction
1. These Terms and Conditions shall be governed by the laws of Belgium.
2. Any claims or disputes relating to these Terms and Conditions (including tort claims and disputes or claims and disputes relating to the interpretation hereof) shall be referred to the jurisdiction of the Brussels Courts in French.