Terms and Conditions of Use of the Website
The www.holidaysweb.be website is the property of Holidaysweb.be and is run as a service provided to users and visitors. Said service is an online platform providing resources and information regarding stays in holiday accommodation offered by owners to tenants, and various e-mail and messaging services, online tools and functionalities to enable website users to come into contact with each other and enter into rental agreements directly relating to accommodation available on www.holidaysweb.be.
Acceptance of the Terms and
1. By registering on the Holidaysweb.be website, accessing and/or using said website and its services, regardless of whether you become a registered user or not, an owner (i.e., a person who advertises a property as available holiday accommodation) and/or a tenant (a person placing a booking for a property offered for rental by the owner via the website), these Terms and Conditions of Use shall apply between you and Holidaysweb.be and shall govern the terms and conditions of your website use in the capacity as website user. You accept to comply with said Terms and Conditions of Use and Holidaysweb.be’s Confidentiality Policy (stipulated in Article 11 hereinbelow) which you acknowledge that you have read and understand. However, please note that the agreement relating to the supply of accommodation and rental arrangements shall be drawn up solely between owners and tenants. Moreover, if you book accommodation with an owner via the website, you should refer to the booking confirmation and the Booking Terms and Conditions, which shall apply to said booking with an owner with regard to payment, cancellation and other related aspects, by which you shall be legally bound.
2. Holidaysweb.be reserves the right, at its full discretion, to update or amend these Terms and Conditions at any time.
3. Unless otherwise agreed or provided, Holidaysweb.be does not charge any fees to users when they access the website as a user or when they add a property to the website. However, if a rental agreement is entered into between tenants and owners following use of the Holidaysweb.be website and the services, Holidaysweb.be shall charge fees, which are stipulated in these Terms and Conditions of Use and the Booking Terms and Conditions.4. These Terms and Conditions of Use are available in French, Dutch and English
1. You understand and accept that:
(i) Holidaysweb.be is only a platform which enables you and other users (owners and tenants) to come into contact with each other and enter into rental agreements regarding properties advertised on its website and, therefore,(ii) Holidaysweb.be is not a party to the rental agreements and declines all liability relating to said transactions. Holidaysweb.be’s role is to simply facilitate provision of the website and services to users and provision of certain related services. Holidaysweb.be does not purchase, possess, sell, supply or manage any of the properties advertised on its website or enter into any agreements in its own name relating to the rental of said properties. Holidaysweb.be does not supply and is not entitled to supply any accommodation to tenants, but acts as a platform which enables registered owners to personally offer and supply holiday accommodation to tenants available for rental. Owners may be either owners of said holiday accommodation 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. Rental agreements are only binding between the owners and tenants in question, who shall be exclusively and fully liable for the performance of their obligations. If the tenant enters into a rental agreement with an owner to book a property advertised on the website, he/she understands and accepts that he/she shall be under the obligation 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. Holidaysweb.be shall not under any circumstances be held liable for the condition of the properties advertised on its website and does not recommend and approve any of the properties or users registered on the website. For additional information regarding Holidaysweb.be’s role and liability, please consult the Booking Terms and Conditions.
3. User Accounts
1. You can create a user account by accessing the owner area on the website (“My Holidaysweb.be”) and providing the requested information. By registering, you represent and warrant that:
- you fulfil the requirements to create an account stipulated in these Terms and Conditions of Use; and
the information which you
provide on registering is correct.
When you create an account,
you shall have access to our services for owners, which are offered and
maintained from time to time at our sole discretion. We reserve the right to
add, delete or amend at any time all or part of a service provided for no
charge to accountholders. Where applicable, you shall be informed regarding any
fees which you may be charged and you shall have the option to continue to use
or cancel your account. You shall be responsible for the payment of all
applicable taxes and all costs relating to computer equipment, software,
services, etc., which you use to access your account. You are not authorised to
assign or share your account.
3. As a registered user, you also accept to update your personal information (as defined in the Confidentiality Policy), where applicable.
4. You authorise Holidaysweb.be to use your e-mail address or telephone number to contact you regarding your account, including in particular booking requests, booking confirmations, notifications and updates. You can opt at any time not to receive commercial messages from us.
4. Account Restrictions1. You accept to use your account solely for personal purposes and not to disseminate the content of this website. You undertake to comply with all applicable laws relating to your account and use thereof. Any account use to publish:
- incorrect, out-of-date or misleading information;
- information which in our opinion is not appropriate for our users (in particular, obscene, defamatory, libellous or similar information); or
- information which breaches the rules of use published on the website.
shall constitute grounds for immediate account cancellation.
2. You cannot under any circumstances send unsolicited commercial messages (spam) via your account or act in a manner to overload Holidaysweb.be’s computer network, which may, at its sole discretion and without notice, use anti-spam technology to stop your messages before you send them out or prevent you from receiving messages. Holidaysweb.be expects all of its users to act courteously and professionally at all times. Personal or defamatory insults or other forms of online conduct, which, at our sole discretion, are deemed to be impolite or unprofessional, shall constitute grounds for suspension or immediate cancellation of the responsible person’s account.
5. Website Content
1. You understand and accept that all notices, messages, publications, texts, files, images, photographs, videos, sounds or other documents published on the service, transmitted via said service, or accessible via a hypertext link from the service, shall come under the liability of the user who submitted the content.
2. The website provides unrestricted access to the content. You understand and accept that Holidaysweb.be acts solely as a communication platform and is not liable for the content published on the website, including in particular in the event of breach of intellectual property laws, data confidentiality, defamation and obscenity. Holidaysweb.be cannot and is not under any obligation to control the published content. Information on the website is inherently amended frequently, may be inaccurate and, in certain cases, be poorly or misleadingly categorised. Holidaysweb.be makes no representations or warranties, explicit or implicit, regarding the accuracy, exactness or exhaustiveness of said information, which Holidaysweb.be does not undertake to check, update or correct. Holidaysweb.be advises you to check all information which you obtain on the website. In addition, Holidaysweb.be makes no representations and warranties, explicit or implicit, regarding users’ publications or requests. You accept that any agreement between you and an individual or a company shall be governed exclusively by the terms and conditions negotiated and agreed between you and your contracting party and shall be entered into at your risk and liability.
3. In accordance with these Terms and Conditions of Use, Holidaysweb.be grants users limited, revocable and non-exclusive authorisation to access the website for the purpose of publishing advertisements for properties available for holiday rental and/or searching for, consulting or requesting information from users regarding holiday accommodation rental plans for their personal use, where applicable, provided that said users comply with these Terms and Conditions of Use at all times.
4. All other use of the website is expressly precluded. In addition, said authorisation does not include any right of collection, aggregation, copying, duplication, display or derivative use of the website or any right of use of the data search tools, bots, robots or any other data collection or recovery tool without Holidaysweb.be’s prior written consent. The foregoing principle of preclusion is subject to a limited exception granted to general search engines and non-commercial public archives, which use tools to collect data for the sole purpose of displaying hypertext links to the website, subject to the use thereby of a fixed IP address or group of fixed IP addresses assigned to an easily-identifiable agent. The term “general search engine” does not include all or part of websites, search engines or other services which provide lists or advertisements of property rentals or provide holiday accommodation rental services or any other similar service.
6. Your Content
1. Although Holidaysweb.be does not hold or control any content which you publish, you accept that by publishing content on the website, you grant automatically to Holidaysweb.be an irrevocable, perpetual, non-exclusive, royalty-free and worldwide licence and represent and warrant that you are entitled to grant the same to Holidaysweb.be to use, copy, display, adapt, amend, distribute, arrange for distribution or promote said content and also to grant sub-licences over the aforementioned elements. In addition, by publishing content on the website, you grant automatically to Holidaysweb.be all rights required to preclude any future display, aggregation, copying or exploitation of said content by a third party for any purpose whatsoever.
2. You shall be fully liable for the content and any other information which you provide, distribute, publish, include, link to or download on the website and you accept that Holidaysweb.be acts solely as a means for passively disseminating and publishing your content. Holidaysweb.be reserves the right (but is not under any obligation) to take all measures in relation to your content if Holidaysweb.be considers that it may incur its liability or cause it to lose the services of its Internet service providers or other service providers. You represent and warrant your content and all content which you request to receive (directly or indirectly):
a) shall not infringe any copyright, patent, registered trademark, trade secret or other (intellectual, industrial or other) property right or any advertising or confidentiality right;
b) shall not breach any law or regulation;
c) shall not be defamatory or misleading;
d) shall not be obscene or contain child pornography;
e) shall not include any incomplete, false or inaccurate information regarding you or any information regarding any other person; and
f) shall be free from all viruses, Trojan horses, computer worms, logic bombs, message cancellation robots or other routine computer programming intended to damage, cause harmful interference, intercept furtively or expropriate any system or data or personal information.
3. You understand and accept that Holidaysweb.be is under no obligation to publish content provided by you or any other person. In addition, Holidaysweb.be may, at its sole discretion, amend, remove or delete any content which you publish or submit. In particular, Holidaysweb.be reserves the right to decide the final design, layout and functionality of its website, which implies editing, formatting and amending such content. You understand and accept to release Holidaysweb.be from all liability relating to any damages or losses resulting from the formatting or positioning of said content.
4. All the ads that are published on Holidaysweb.be will also automatically placed on all partner sites from Holidaysweb.be. Here further an indicative and non-exhaustive list from our Partner sites : Vlan.be, Kapaza, Trovit, Mitula .... and also on the Facebook page and "fan of ", in the newsletters and all promotional mailings from Holidaysweb.be.
5. Holidaysweb reserves the right not to publish blurry photos, insufficient resolution, tagged, having written or figures affixed to the picture, with characters appearing in photographs or pictures representing a threat to public order and morality. The advertiser will be notified of such withdrawal and instructed to replace them, otherwise the ad will appear without a photo, which is of course damaging to the visibility of said ad.
7. Terms and Conditions applying to Owners
1. As an owner, you may create or add advertisements and you must complete a questionnaire regarding the holiday accommodation featuring in your advertisement, including in particular, questions relating to its geographical location, features, availability and price, and you may include terms and conditions and restrictions which you may wish to impose on tenants, which shall be included in any rental agreement relating to your property. Information is available on the website on how to add such terms and conditions. All holiday accommodation must have a valid address in order to be featured in the website’s advertisements. Your advertisements shall be published on the website and tenants may book your holiday accommodation on the website based on the information you provide. You and not Holidaysweb.be shall be solely liable for the choice of price which shall be displayed in your advertisements and additional costs (e.g., cleaning costs), which shall be included or taken into account in said price (owner’s fees). You understand and accept that as soon as a tenant places a booking request relating to one of your advertisements, you shall refrain from amending your owner’s fees for the holiday accommodation referred to in such booking. As an owner, you understand and accept that you shall be fully liable for the content of each of your advertisements on the website.
2. 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 consent before the expiry of a 14-day time limit. By accepting these general Terms and Conditions of Use, the owner represents that he/she has been informed specifically that there is no cooling-off period and confirms his/her agreement regarding this matter. [opt-in
3. Advertisements shall be maintained on the website throughout the term agreed when the advertisement is created. However, Holidaysweb.be reserves the right to deactivate any advertisement placed on our website in breach of these Terms and Conditions of Use, prior to the term and subject to no compensation.
4. You represent and warrant that the advertisements which you place on the website relate to holiday accommodation which is available for rental and actually exists. If you are not the owner of this property, you represent and warrant that you hold all required rights and, in particular, the holiday accommodation owner’s express authorisation to dispose of such holiday accommodation, in particular by creating advertisements relating thereto and offering it for rental.
5. In accordance with these Terms and Conditions of Use, in the event where in the capacity as owner, you add a property for rental on the Holidaysweb.be website, your use of the website shall enable you to communicate or enter into contact with users, who are potential tenants, with the aim of entering into rental agreements with said tenants. The service provided to you as an owner by Holidaysweb.be shall include registration support, marketing, promotion and advertising of your property on the website. However, as stipulated hereinabove, Holidaysweb.be cannot act and does not act under any circumstances as your agent or representative in your capacity as owner, or as broker or insurer in each case with regard to the rental agreements which you enter into with tenants through the website. However, Holidaysweb.be can act and shall act as declared agent or intermediary in your name and on your behalf with regard to administering payments collected from tenants, including collecting payments and processing cancellations. Such administration shall be governed by the Booking Terms and Conditions. The service provided to you as an owner by Holidaysweb.be in relation to communicating information and e-mail and messaging services shall also include assistance with communication with tenants via the website, including for example, by receiving, informing you about and forwarding you booking requests or information requests from tenants made on the website and also receiving and processing cancellation requests by tenants.
6. You acknowledge and accept that Holidaysweb.be does not act as a travel agency in the scope of providing the website or the services or your rental agreements since, as stipulated in Article 2 hereinabove, Holidaysweb.be does not participate in said rental agreements, purchase, resell, provide any holiday accommodation or travel services. Nevertheless, if from a legal standpoint or in the opinion of any tax authority or any other jurisdiction, Holidaysweb.be is deemed to be a travel agency due to its participation or provision of intermediary services in the scope of owners’ rental of accommodation through a booking made on its website, you acknowledge and accept that, in these circumstances and for the purpose of these Terms and Conditions of Use and the rental agreements which you have entered into with tenants, Holidaysweb.be provides you a service, by participating in the supply of accommodation featured on its website, facilitating or providing an intermediary for the conclusion of said rental agreements, in the capacity as declared agent or intermediary in your name and on your behalf, as an owner, and under no circumstances, on its own behalf, since Holidaysweb.be is not, shall not be and cannot be an owner. Any amendments required may be made to these Terms and Conditions of Use as a result of application of all or part of this paragraph.7. You accept that if you enter into a rental agreement with a tenant further to use of the Holidaysweb.be website, given the assistance, payment facilitation and service provided to the owner, as set forth in these Terms and Conditions of Use, Holidaysweb.be shall charge service fees calculated on the basis of a percentage of 10% of the total amount of the rental. Administrative fees amount to 2% of the same amount. Therefore, you accept to pay Holidaysweb.be 12% of the total amounts which Holidaysweb.be shall have enabled you to receive by putting you into contact with one or more tenants for the rental of your holiday accommodation.
8. The service provided to the owner by Holidaysweb.be in relation to payment facilitation and processing shall not include collecting deposits or additional costs charged to tenants, which are not included in your owner’s fees. Holidaysweb.be shall not accept any request or claim from you relating to said additional costs and declines all liability relating to said costs. You must reach an agreement directly with the tenants in relation to said additional costs and indicate expressly in the advertisement for your holiday accommodation that additional costs, in the form of a deposit or other costs (e.g., cleaning costs, deposit, late check-out charge) shall be owed by the tenant (e.g., on arrival or on departure) if said costs are not included in your owner’s fees.
9. However, please note that as an owner you shall be fully liable for honouring all booking confirmations sent to a tenant and renting out your property featured on the website to the tenant in accordance with the terms, conditions, rules and restrictions which you have determined and agreed with the tenant. As an owner, you acknowledge and accept that you shall be liable for your acts and omissions and any acts and omissions committed by any person (with the exception of tenants or members of a tenant’s group) who resides or is present in your holiday accommodation. Each owner shall be fully liable for compliance with applicable law, rules and regulations, including in particular with regard to taxation and VAT (cf. also the next paragraph), and any dispute with a third party or infringement of third-party rights. Holidaysweb.be recommends that you take out appropriate insurance cover for the properties which you advertise on www.holidaysweb.be.
10. Please also note that you shall be fully liable for determining your tax declaration obligations with your tax advisor. Holidaysweb.be cannot offer and does not offer tax advice to users of its website and services. In addition, please note that you shall be liable for determining and/or paying any local VAT or similar indirect sales tax and/or including said VAT or said sales tax in your owner’s fees or fulfilling the applicable tax obligations relating to when you add an advertisement on the Holidaysweb.be website or relating to costs which you charge, in particular if you consider that you perform a profession (e.g., if you are a real estate manager or if you rent out a property regularly in order to receive income). You may also be under the obligation to provide an invoice to your tenant for your owner’s fees and any additional costs, which are included or not in your owner’s fees. Holidaysweb.be advises you to consult your tax advisor in all circumstances.
11. After your registration as a user and owner, you acknowledge and accept that Holidaysweb.be shall assume and shall be entitled to assume that you perform a profession/are taxable/carry on an economic activity and/or are subject to VAT in the jurisdiction/country corresponding to the address which you provided to us, unless and up until you indicate and confirm to Holidaysweb.be by e-mail or other means that you consider that you do not perform a profession, etc. or that you reside or spend the majority of your time in another jurisdiction/country. In addition, you accept and acknowledge that Holidaysweb.be may contact you to ask you to provide your VAT number (where applicable) or copies of commercial supporting documents, such as contracts, headed paper, website address, advertising documents or tax authority certificates, which you shall be authorised to provide to us or obtain for us to the best of your ability. An electronic certificate issued by a recognised body may also be accepted for this purpose.
12. If a booking request for your advertised property is made by a tenant via the Holidaysweb.be website, you must confirm or refuse the tenant’s request within 36 hours with effect from the request. After this time limit, the booking request shall automatically lapse. If, as an owner, you confirm that your property is available and you accept and confirm subsequently the tenant’s booking via the website, Holidaysweb.be shall send you your tenant’s contact details (including his/her telephone number) and shall also send your contact details to the tenant. As soon as said contact details have been provided, all communication, including information relating to the rental agreement, must be carried out directly between your tenant and yourself via the Holidaysweb.be website, with the help of Holidaysweb.be’s services, where necessary.
13. Holidaysweb.be shall hold all sums transferred by tenants following booking confirmation, subject to its obligation to transfer or account for such sums to you (subject to you honouring the booking). Holidaysweb.be shall transfer the given sums by bank transfer or any other predetermined means of payment, after deduction of its fees. You acknowledge and accept that Holidaysweb.be is entitled to deduct its fees from the sums collected. Unless otherwise provided, Holidaysweb.be undertakes to issue payment for the total net sums paid by tenants which are owed to it within two (2) Belgian working days (i.e., days on which banks are open in Belgium) with effect from your tenant’s scheduled arrival date in your holiday accommodation. If you do not honour a booking, you shall lose your right to receive the corresponding rental fees and Holidaysweb.be reserves the right to retain the corresponding sums collected to enable it to refund the tenant as stipulated in the Booking Terms and Conditions.
14. Tenants can cancel their booking at any time solely in accordance with the cancellation policy stipulated in our cancellation terms and conditions. In the event of cancellation by a tenant, Holidaysweb.be undertakes to refund the sums paid to it by the tenant, after deduction of its fees.
15. As an owner, you are not entitled to cancel any booking whatsoever. If special circumstances require you to cancel a booking, please send an e-mail to: email@example.com Holidaysweb.be’s administrative fees are not refundable in this case.
16. Holidaysweb.be reserves the right to cancel any booking at any time due to security reasons or fraud prevention. This shall generally be the case when its fraud detection procedures identify an incident with the credit card used. In this case, the cancellation policy which you have chosen shall not apply and you shall not receive any sums whatsoever for the cancelled booking.
8. Terms and Conditions applying to Tenants
As a tenant, please refer, in addition to these Terms and Conditions of Use (including Article 7 hereinabove), to theBooking Terms and Conditions which describe the booking request procedure and how payments are collected from tenants. Holidaysweb.be advises tenants to read carefully the Booking Terms and Conditions and the summary statement of the booking request and the booking confirmation, including in particular the cancellation policy.
9. Warranty Exclusion
1. The content and any other content displayed on the website is provided “as is” subject to no warranty, representation or undertaking relating to the accuracy thereof. Within the limits of applicable law, Holidaysweb.be excludes:
(i) all conditions, warranties or other undertakings deriving from a provision of a law or regulation; and
(ii) any contractual or tortious liability (including in particular in the event of negligence) for all direct, indirect or consequential damage incurred by a user in relation to the website, websites towards which it contains links and/or any content or other content displayed on the website, including loss of profit, loss of revenue or earnings, business, contracts, customers, planned savings or data, even if Holidaysweb.be is informed regarding the possibility of such damage.
2. Although these Terms and Conditions of Use require users to provide correct and complete information, Holidaysweb.be cannot check and does not check the alleged identity of persons who contact you via the website or to whom you grant access to your holiday accommodation. Holidaysweb.be declines all liability with regard to damages or losses caused by your dealings with other users.
10. Waiver and Compensation
1. By using the website and/or the services, you accept that any legal action or liability action which you launch in relation to acts or omissions by other users or other third parties shall be limited to action against the user(s) or other third parties which have caused you harm, to the exclusion of Holidaysweb.be within the limits authorised by law.
2. You shall hold Holidaysweb.be harmless (and its directors, employees, representatives, agents, subsidiaries and beneficiaries) against any liability, damages, costs, losses, claims or expenses (including in particular reasonable lawyer fees) which Holidaysweb.be may incur resulting from or connected to:
a) infringement of third-party intellectual property rights included in or as a result of your content,
b) any damages, costs, losses, claims or expenses incurred by a user connected to your content or holiday accommodation offered or booked by you on the website; or
c) breach of Article 4 (Account Restrictions), Article 6 (Your Content) or paragraph 2 of Article 7 (Terms and Conditions applying to Owners).
11. Data Confidentiality
Holidaysweb.be takes your privacy very seriously. By accepting these Terms and Conditions of Use, you accept expressly to disclose personal information to Holidaysweb.be (in accordance with the procedure defined in the Confidentiality Policy) and to other users, in accordance with the provisions of Holidaysweb.be’s Confidentiality Policy, which is included in these Terms and Conditions of Use for reference purposes.
In the event of significant non-compliance by you with these Terms and Conditions of Use or the Booking Terms and Conditions, in particular, in the event of fraud, Holidaysweb.be may, at its discretion and without any liability towards you:
a) cancel your access to its services,
b) deactivate or delete your accounts, all information and files contained in said accounts, and your content, and
c) prohibit you from accessing said files or services.
In addition, Holidaysweb.be reserves the right, at any time and without notice, to delete or hide from users any advertisement on the website regarding any holiday accommodation, which in its opinion is suspicious, does not comply with these Terms and Conditions of Use or the Booking Terms and Conditions, or is detrimental to the website or services. In this case, the user may not claim any compensation or refund other than as provided by the Booking Terms and Conditions.
If all or part of the provisions of these Terms and Conditions of Use 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 of said provision had never existed.
You shall refrain from assigning any of your rights or obligations pursuant to these Terms and Conditions of Use without Holidaysweb.be’s prior written consent, which reserves the right to assign any of its rights and obligations pursuant to these Terms and Conditions of Use without your prior consent.
15. Governing Law and Jurisdiction
Any claims or disputes relating to these Terms and Conditions of Use (including tort claims and disputes or claims and disputes relating to the interpretation hereof) shall be referred to the jurisdiction of the Brussels Courts.
If you have any questions regarding these Terms and Conditions of Use, please contact Holidaysweb.be at firstname.lastname@example.org