Terms and conditions

Article 1 Definitions

1.1 Hotel
The natural or legal person or company that makes the provision of services its business.

1.2 Host
The person who represents the hotel in the conclusion and execution of agreements.

1.3 Provision of service(s)
The provision by the hotel of accommodation and/or food and/or drink and/or the making available of rooms and/or grounds, all this with all the associated activities and services, and all in the broadest sense of the word.

1.4 Customer
The natural person or legal entity or company which has made an agreement with the hotel.

1.5 Guest
The natural person(s) to whom one or more services should be provided under the terms of an agreement made with the customer. Where the terms guest or customer are used in the conditions, this is understood to mean both guest and customer, unless it necessarily follows from the contents of the provision and its purport that only one of the two can be intended.

1.6 Agreement
An agreement between the hotel and a customer regarding one or more services to be provided by the hotel for a price to be paid by the customer. The term reservation is sometimes used in place of the term contract.

1.7 Reservation value
The value of the contract, which is equal to the total expected turnover of the hotel including any tourist tax and V.A.T. for a contract made with a customer, and which is based on the hotel’s current averages.

1.8 No-show
The failure of a Guest, without cancellation, to make use of a service to be provided under the terms of a contract.

1.9 Group
A group of 10 or more room nights to whom the hotel is required to provide services under one or more contracts which are to be regarded as connected.

1.10 Individual
Each person, including a guest or customer, who does not belong to a group as defined above.

1.11 Cooking fee
The amount payable for consuming drinks and/or food not provided by the Hotel on the Hotel premises.

1.12 Cancellation
The written notice given by the customer to the hotel that one or more of the agreed services will not be used in full or in part, or the written notice given by the hotel to the customer that one or more of the agreed services will not be provided in full or in part.

1.13 Turnover guarantee
A written statement by the customer that, with respect to one or more contracts, the hotel will achieve at least a certain amount of turnover.

1.14 Consumer
Any natural person who is acting for purposes which fall outside his trade, business, craft or profession.

Article 2 Applicability

2.1 The present terms and conditions (hereinafter also referred to as “Yalo Conditions”) apply, to the exclusion of all other general terms and conditions, to the formation and content of all agreements, as well as to all offers made for the formation of these agreements.

2.2 Deviation from the Yalo Conditions is possible with the written consent of the hotel and on a case-by-case basis. In this case, the Yalo conditions will prevail in case of contradiction.

2.3 The Yalo conditions also apply to all natural and legal persons that the hotel uses or has used in the conclusion and/or performance of a contract or any other agreement or in the operation of the hotel.

Article 3 Realisation of Agreements

3.1 A hotel may at any time and for any reason refuse to conclude a contract unless such refusal is in violation of the Belgian Act of 10 May 2007 on combating certain forms of discrimination.

3.2 All offers made by a hotel with respect to the formation of a contract are without obligation and subject to the proviso “as long as stocks (or capacity) last”. If the hotel invokes this reservation within a reasonable period of time after acceptance by the customer, the intended contract shall be deemed not to have been made.

3.3 Agreements for (a) guest(s) entered into by intermediaries (shipping agents, travel agencies, Online Travel Agents and other hotel and catering companies, etc.), whether or not in the name of their client(s), shall be considered to have been made also for the account and risk of these intermediaries. The hotel does not owe any commission or fee, by whatever name, to intermediaries unless explicitly agreed otherwise in writing. The guest(s) and the intermediary(s) shall be jointly and severally liable for payment of the amounts owed.

Article 4 Right of option

4.1 A right of first refusal is the right of a customer to unilaterally conclude a contract by simply accepting a valid offer made by the hotel.

4.2 A right of first refusal may only be granted in writing. A right of first refusal may be agreed for a fixed or indefinite period. The right of first refusal shall lapse if the option holder has indicated that he does not wish to exercise the right of first refusal, or if the fixed term has lapsed without the option holder indicating that he wishes to exercise the right of first refusal.

4.3 A right of first refusal cannot be withdrawn by the hotel unless another potential client makes the hotel an offer to conclude a contract for all or part of the services under the option. The option holder shall be informed of this offer by the hotel, and shall have a period specified by the hotel within which to indicate whether or not he wishes to exercise his right of option. If the option holder does not give notice of his intention to exercise the right of first refusal within the stated time, the right of first refusal shall lapse.

Article 5 General rights and obligations of the hotel

5.1 Without prejudice to the provisions in the following articles, the hotel shall be contractually obligated to provide the agreed services at the agreed times in the manner customary for the hotel.

5.2 The Hotel is entitled at any time to terminate, without notice, the provision of services to a Guest if the Guest violates the house rules and/or rules of conduct, or otherwise behaves in such a way as to disturb the peace and quiet in the Hotel and/or its normal operation. The guest must then leave the hotel at the first request. If the guest fails to meet all his/her obligations to the hotel in any other way, the hotel is entitled to suspend the services. The hotel may only exercise these powers if the nature and seriousness of the breaches of the house rules by the guest give sufficient cause, and if the guest is not a consumer, whether the nature and seriousness of the breaches of the house rules by the guest give sufficient cause for the exercise of these powers shall be subject to the reasonable judgment of the hotel.

5.3 After consultation with the local authority, the hotel is entitled to terminate the contract out of court, on the grounds of a well-founded fear that the guest will disturb public order. If the hotel makes use of this power, it shall not be liable to pay any compensation to the guest.

5.4 If the hotel charges the guest any amount for receiving and/or storing goods, the hotel is liable to take reasonable care of the goods, without prejudice to the stipulations in Clause 12.

5.5 The hotel is not obliged to admit any pets belonging to the guest and may impose conditions for their admission. The admission of assistance dogs is subject to the statutory regulations, including the exceptions stated therein.

Article 6 General obligations of the guest

6.1 The guest is obliged to adhere to the house rules and rules of conduct which apply in the hotel and to follow the reasonable instructions of the hotel. Reasonable instructions may be given orally.

6.2 The guest is obligated to cooperate with reasonable requests from the hotel in the context of its legal obligations concerning such matters as safety, identification, food safety/hygiene and the limitation of nuisance.

Article 7 Reservations

7.1 The hotel may attach conditions to the reservation.

Article 8 Service consisting of providing accommodation and/or making available (room) space and/or grounds

8.1 In the case of accommodation, the Hotel informs the Guest in advance of the time at which the accommodation is made available to the Guest and by what time the Guest should check out.

8.2 Unless otherwise agreed, the Hotel is entitled to regard the reservation for accommodation as cancelled if the Guest has not checked in on the first day of the reservation by 18.00 hours, or if the Guest has not informed the Hotel in time that he will be arriving later and the Hotel has not objected to this. The foregoing applies without prejudice to the stipulations in Clause 9.

8.3 The hotel is entitled to ask the guest to accept accommodation that is different and of equal value to that which should have been provided under the contract. The Guest may refuse this alternative. In the latter case, the Guest shall be entitled to terminate the contract to which the aforementioned hotel requirement relates, with immediate effect, without prejudice to his obligations under other contracts.

Article 9 Cancellations

9.1 Cancellation by customers, general

9.1.1 The customer is entitled to cancel a contract upon payment of the cancellation fee, on the understanding that the cancellation fee shall not be due if the customer is a consumer and in that capacity cancels as a result of force majeure.

9.1.2 The hotel may declare to the customer, no later than one month before the first service is to be provided under the relevant contract, that it will consider certain individuals together as a group. All provisions for groups shall then apply to these individuals.

9.1.3 The provisions of Articles 13.1 and 14.4 also apply to cancellations. 9.1.4 In the event of a no-show, the Customer is in all cases obliged to pay the Reservation Value. 9.1.5 If not all of the agreed Services are cancelled, the provisions below shall apply pro rata (in proportion to each party’s share) to the cancelled Services.

9.2 Cancellation of a service consisting of the provision of accommodation

9.2.1 Individuals

In case of cancellation of a reservation for accommodation only at flexible rate, with or without breakfast, later than 2 days up to 23.59 hours before the arrival date, 100% of the reservation must be paid by the customer.

Reservations for accommodation only at non-refundable rate, with or without breakfast, cannot be cancelled by the Customer under any circumstances and 100% of the reservation must be paid by the Customer.

9.2.2 Groups (see general terms and conditions for meetings, events and groups)

If a reservation for only accommodation, with or without breakfast, is made for a group (from 10 room nights) the following applies to the cancellation of that reservation (unless otherwise agreed in writing).

From the signing of the contract up to 90 days in advance, rooms can be cancelled without penalty.” The customer shall be liable for the following percentages of the reservation value to be paid by the customer upon cancellation and shall be payable to the hotel:

Between 89 and 60 days before the first arrival date, a reduction of 30% of the original number of rooms; Between 59 and 30 days before the first arrival date, a reduction of 20% of the original number of rooms; Between 29 and 15 days before the first arrival date, a reduction of 10% of the original number of rooms.

Any later cancellation of rooms will result in a penalty of 100% of the contracted rooms.

The room list must be submitted no later than 15 working days prior to arrival. If no room list is received 15 days prior to arrival for at least 80% of the contracted room nights, the hotel reserves the right to resell 25% of the unreserved rooms. In this case, no refund for these resold rooms will be made to the customer, they will remain fully billed.

A reduction of rooms must always be confirmed in writing by the organizer. Forwarding a room list containing a lesser number of rooms than the confirmed number of rooms does not count as confirmation to cancel rooms.

9.3

For events where food is served, the organiser must inform the hotel in a binding manner (in writing or by e-mail) of the exact number of participants at least five (5) working days before the event. If the agreed amount for catering (food & beverage) is reduced later than five days before the event, the hotel may charge the full amount. Between 15 and 5 days before the event, reductions of up to 5% of the original number of participants are free of charge. These details are considered guaranteed for the purpose of the contract and are a minimum for the final invoice issued by the hotel. Additional orders for food, drinks, etc. will be calculated according to the hotel’s list prices. In the event that the anticipated number of participants is exceeded by more than five percent (5%), the hotel reserves the right to adjust the agreed selection of food. If the organiser of the event alters the number of rooms or the amount of catering, the hotel is entitled to demand compensation.

9.4

The following percentages of the reservation value shall apply to the cancellation of room reservations, meeting packages, restaurant exclusions, and all reservations not covered by Clauses 9.2 and 9.3, which in the event of cancellation by the customer must be paid to the hotel

Between 89 and 60 days before the first arrival date, a 30% reduction in the original number of packages; Between 59 and 30 days before the first arrival date, a 20% reduction in the remaining number of packages; Between 29 and 15 days before the first arrival date, a 10% reduction in the remaining number of packages.

The above cancellation conditions in Clause 9.4 also apply to room reservations when incorporated into the group contracts for room reservations, meeting arrangements or food & beverage.

9.5 Cancellation by the hotel

9.5.1 The hotel is entitled to cancel a contract, subject to the following, unless otherwise agreed.

9.5.2 If the hotel cancels a food & beverage service, then Clauses 9.1.1 and 9.3.1 shall apply accordingly, with the customer and hotel being exchanged.

9.5.3 If the hotel cancels a contract other than as described in Clause 9.5.2, Clauses 9.1.1 and 9.2.2 shall apply accordingly, with an exchange of customers and hotel.

9.5.4 The hotel is at all times entitled to cancel a contract without being required to pay the aforementioned amounts if there are sufficient indications that the meeting to be held in the hotel under the contract is of such a different nature to that which might have been expected on the basis of the customer’s announcement or the capacity of the customer or guests that the hotel would not have concluded the contract if it had been aware of the true nature of the meeting. If the hotel makes use of this right after the event has commenced, the customer shall be liable for payment for the services received up to that point but shall not be required to make any further payment. The payment for services rendered shall be calculated in proportion to the time in question.

9.5.5 Instead of exercising the right referred to in Article 9.5.4, the hotel is entitled to make further demands concerning the course of the meeting in question. If there are sufficient indications that these requirements are not being (or will not be) met, then the hotel is still entitled to exercise the authority referred to in article 9.5.4.

9.5.6 If and insofar as the hotel is also acting as a travel organizer within the meaning of the law, the following applies to package travel contracts within the meaning of the law. The hotel may alter an essential aspect of the travel contract, if there are important reasons for this, which are immediately brought to the traveller’s attention. The hotel may also alter the travel contract in a non-essential respect, due to important circumstances immediately brought to the traveller’s attention. Up to twenty days before the start of the journey, the hotel may increase the price of the journey in connection with changes in the cost of transport, including fuel costs, the taxes payable or the applicable exchange rates. If the traveller declines to accept such an increase, the hotel may cancel the contract.

Article 10 Deposit and interim payment

10.1 The hotel may require the guest to deposit a security deposit with the hotel. Deposits received shall be properly administered, shall serve only as security for the hotel and shall expressly not count as already realised turnover. As additional security for the hotel, the hotel may require the customer to cooperate in providing the necessary information, including making a printout or copy of the customer’s credit card, in order to secure the deposit and the possibility of recovering it as much as possible.

The reservation of rooms and spaces, as well as agreements regarding the provision of other services, become binding on both parties upon written confirmation by the Hotel. Yalo Hotel will confirm these by sending a contract requesting an advance payment.

A reservation is considered final only after receipt of the signed contract ‘for approval’ and receipt of the 10% (ten percent) of the total estimated cost as advance payment. Reservations for which the advance payment has not been made within the specified period will be cancelled. Three months before the arrival of the group, a second advance of 50% (fifty percent) of the total estimated cost shall be required.

10.2 The hotel may always demand interim payment for services already rendered.

10.3 The hotel may recover from the amount deposited pursuant to the previous provisions all sums owed by the client for whatever reason. The surplus shall be repaid to the customer by the hotel without delay.

Article 11 Turnover guarantee

If a turnover guarantee has been given, the customer shall be liable to pay the hotel at least the amount specified in the turnover guarantee for the contract(s) concerned.

Article 12 Liability of the Hotel

12.1 The hotel shall be liable to the guest for damages which are the result of a failure by the hotel to fulfil the contract unless the failure cannot be imputed to the hotel or persons whose assistance the hotel uses in the execution of the contract.

12.2 The hotel shall not be liable for damage to or caused by vehicles belonging to the guest except if and insofar as the damage is the direct result of an intentional act or omission or gross negligence on the part of the hotel.

12.3 The hotel is not liable for any direct or indirect damages to any person or property as a direct or indirect result of any defect or any feature or circumstance in or on any movable or immovable property of which the hotel is the holder, lessee, lessor or owner or that is otherwise at the disposal of the hotel, except if and insofar as the damage is the direct result of an intentional act or omission or gross negligence on the part of the hotel. This article shall not affect the legal liability of the hotel in the event of the death of or personal injury to the guest resulting from an act or omission by the hotel, nor any liability of the hotel pursuant to 1952 et seq. of the Belgian Civil Code.

12.4 If the guest suffers damage to the goods handed over for safekeeping, for which a fee as referred to in Clause 5.5 has been charged, the hotel shall be liable for the damage to these goods caused by damage or loss.

Article 13 Liability of the Guest and/or Customer

13.1 The guest and those accompanying him are severally liable for all damage that has occurred and/or will occur to the hotel and/or any third party as a direct or indirect result of an attributable shortcoming and/or wrongful act, including breaking the house rules, committed by the client and/or the guest and/or those accompanying him, as well as for all damage caused by any animal and/or property of which they are the holder or which are under their supervision.

Article 14 Settlement of accounts and payment

14.1 The client is liable for the price agreed in the agreement. The prices shall be stated on lists displayed by the hotel in a place visible to the guest or included in a list which is handed to the guest, if necessary at his/her request, or which is accessible to the guest via digital sources. A list shall be deemed to be displayed in a place visible to the Customer if it is visible in the normally accessible areas of the Hotel.

14.2 Valuables, cash, etc. may be deposited in the hotel safe by participants in the event, free of charge, subject to capacity. Coats may be deposited in the hotel cloakroom. The Hotel accepts no further liability for valuables, cash, coats, musical instruments, laptops, other personal technical equipment etc.

14.3 All bills, including bills for cancellation or no-show, are payable by the customer at the time they are presented to him. The client must arrange for cash payment or payment by bank or giro, unless otherwise agreed.

14.4 The guest and the customer are jointly and severally liable for all amounts that one or both of them owe the hotel for whatever reason. Unless otherwise agreed, agreements shall be deemed to have been made also on behalf of each guest. By turning up, the guest acknowledges that the customer was authorised to represent him/her in concluding the relevant contract.

14.5 As long as the customer has not fulfilled all his/her obligations to the hotel, the hotel is entitled to take possession of and retain all goods brought into the hotel by the customer until the customer has fulfilled all his/her obligations to the hotel. In addition to a right of retention, the hotel shall also have a right of pledge on the relevant goods as security for all sums owed by the customer to the hotel.

14.6 If payment other than in cash has been agreed, all invoices, for whatever amount, shall be paid to the hotel by the customer within fourteen days of the invoice date. If an invoice is sent, the hotel is at all times entitled to charge a credit limitation surcharge of 2% of the invoice amount, which is waived if the customer pays the invoice within fourteen days.

14.7 If and insofar as payment is not made on time, the Customer shall be in default without any notice of default being required. Only if the customer is a consumer shall the hotel, in the event of non-payment, send a one-off notice of default giving the customer at least 14 days to pay.

14.8 If the customer is in default, he/she must reimburse the hotel for all collection costs. Extrajudicial collection costs shall be charged in accordance with the law.

14.9 If the hotel has goods as referred to in Clause 14.5 in its possession and the customer from whom the hotel has obtained possession has been in default for three months, the hotel shall be entitled to sell these goods publicly or privately and to recover the proceeds therefrom, on the understanding that if the customer is a consumer, the hotel must first obtain permission from the court. The costs associated with the sale shall also be borne by the customer, and the hotel may also recover these costs from the proceeds of the sale. Any balance remaining after the hotel has recovered shall be paid to the customer.

14.10 Every payment shall, regardless of any endorsements or observations made by the customer in connection with such payment, be deemed to have been made against the debt owed by the customer to the hotel in the following order:

The costs of execution

Judicial and extrajudicial collection costs

Interest

Damages

The principal sum

14.11 Payment shall be made in Euros. If the hotel accepts foreign currencies, then the market rate prevailing at the time of payment shall apply. The hotel may charge an amount corresponding to a maximum of 10% of the amount offered in foreign currency as an administration fee. The hotel may do this by adjusting the current market rate by a maximum of 10%.

14.12 With the exception of payments in excess of EUR 3,000, the hotel is never obliged to accept means of payment other than cash and may attach conditions to the acceptance of such other means of payment.

Article 15 Force majeure

15.1 Force majeure for the hotel, which means that any resulting shortcoming cannot be attributed to the hotel, is defined as any foreseen or unforeseen, foreseeable or unforeseeable circumstance that hinders the performance of the contract by the hotel to such an extent that the performance of the contract becomes impossible or difficult.

15.2 If one of the parties to a contract is unable to fulfil any obligation under the contract, he is obliged to inform the other party of this as soon as possible.

Article 16 Lost and found

16.1 Lost property or items left behind in the hotel premises that are found by the guest must be handed in to the hotel as soon as possible.

16.2 Ownership of items that have not been reported to the hotel by the entitled party within one year of their being handed in shall be acquired by the hotel.

16.3 If the hotel sends objects left behind by the guest to the guest, this is for the account and risk of the guest. The hotel is never obliged to do this.

Article 17 Corkage and kitchen expenses

17.1 The hotel can prohibit the guest from bringing food and/or drink into the hotel, including the rooftop terrace. If the hotel permits self-produced food and/or drink to be consumed, it may impose conditions for allowing this, including charging a corkage and/or kitchen charge.

17.2 The amounts referred to in clauses 17.1 shall be agreed in advance or, in the absence of prior agreement, shall be determined in all reasonableness by the hotel.

Article 18 Applicable law and disputes

18.1 Contracts shall be governed exclusively by Belgian law.

18.2 In case of disputes between the hotel and a customer (not being a natural person who is not acting in the exercise of a profession or business), the competent court in the hotel’s place of residence shall have exclusive jurisdiction, unless another court is competent pursuant to a mandatory legal provision and without prejudice to the hotel’s authority to have the dispute resolved by the court that would have jurisdiction in the absence of this provision.

18.3 All claims of the customer lapse one year after the time at which they arose.

18.4 The invalidity of one or more clauses in these general terms and conditions does not affect the validity of all the other clauses. If a clause in these general terms and conditions proves to be invalid for any reason, the parties are deemed to have agreed a valid replacement clause which comes as close as possible to the invalid clause in terms of its purport and scope.