General conditions for availability.
Article 1. Identification and scope of application of the general conditions for availability
1.1. Ardennes-Etape is a trade mark registered by ASTERIA sprl, whose registered offices are at Ster 3 B, 4970 Stavelot, Belgium. ASTERIA sprl may be contacted by telephone, fax or e-mail. you can call ASTERIA sprl on +32 80 29 24 00, send faxes to +32 80 29 24 08 and email the address info@ardennes-etape.com.
ASTERIA sprl is registered for VAT with number BE 473952094 and registered with the BCE under number 04773952094 and approved by the Institut Professionnel des agents immobiliers (IPI) under number 502682.
1.2. The present general letting conditions govern the contractual relationship between Ardennes-Etape and customers who reserve accommodation that it provides for them, on behalf of the owner, on its web site http://www.ardennes-etape.com. They are an essential element of the letting contract; in consequence, there may be no exemptions to these conditions unless Ardennes-Etape gives prior written consent. The client may therefore in no way claim the right to apply his own general conditions, whatsoever they may be. Should the client wish to depart from the Ardennes-Etape general conditions, he must expressly so request before the contract is concluded. In such a case, the present general conditions shall remain applicable in a secondary role.
1.3. The present general letting conditions shall annul and replace all contract(s) and annex(es) previously concluded between the client and Ardennes-Etape. They are applicable to all reservations made since 25 July 2009.
Article 2. Purpose and acceptance of the general conditions on line
2.1. Ardennes-Etape promotes and offers accommodation to let, on behalf of its owner, without itself having any enjoyment of the property. It handles the management of reservations and receives payment of the full price of the stay.
2.2. The accommodation is offered exclusively to let by Ardennes-Etape via the web site http://www.ardennes-etape.com. Any reservation made by the client using this web site, in accordance with to the procedure described in articles 3.2 and 5, is made on the assumption that the client is acquainted with and expressly accepts the present general letting conditions even without his handwritten signature on those conditions.
The client and Ardennes-Etape agree that the confirmation of the reservation by the client, when he selects the option “I declare that I am acquainted with and accept the general conditions of sale. I hereby confirm my reservation", as set out in article 3.2, constitutes an electronic signature which shall have the same value between the Parties as a handwritten signature. This electronic signature thus expresses both consent on the part of the client to the letting offer made by Ardennes-Etape, and his acceptance of the present general letting conditions. In consequence, Ardennes-Etape is authorised to require the payment of sums due in execution of the reservation, without prejudice to the right of the client to cancel his visit, in accordance with and under the conditions set out in article 10. Any reservations made by persons aged under 18 are deemed non-existent, without any liability on the part of Ardennes-Etape to pay any indemnity to the Client. The user is free to save or print the present general conditions of sale, subject to the requirement that they not be amended in any manner.
Article 3. Information from Ardennes-Etape
3.1. By way of the present conditions Ardennes-Etape informs the client, who acknowledges having received and become acquainted with the information, the following:
3.2. The letting contract for the accommodation is concluded at the end of the following technical stages:
You read that your reservation will take place in several stages:
3.3. Ardennes-Etape shall during the reservation notify the client of the conclusion and content of an insurance policy covering cancellation and tenant's damage. This information is available on the page http://www.ardennes-etape.com/show.php?p=Assurance. The client acknowledges and accepts the obligatory nature of the cancellation insurance if the basic price given on the presentation page on the web site http://www.ardennes-etape.com for the period in questions is €500 or more. The client also declares that he has been informed of the obligations to cover their responsibility in the event of fire.
3.4. Ardennes-Etape shall send the client, before the start of his stay and after the payment of the total cost of the stay, comprising the items set out in article 6, a confirmation voucher which will describe:
3.5. Ardennes-Etape will not in any event accept a contract with a person aged under 18. Any reservations made by persons aged under 18 are deemed non-existent, without any liability on the part of Ardennes-Etape to pay any indemnity to the Client.
Article 4. Information from the client
The client shall provide Ardennes-Etape with all the information expressly requested, and in particular regarding the number of persons aged under 18 taking part in the stay and the number of pets being brought. If the client provides incorrect information resulting in additional expense to Ardennes-Etape, these costs shall be invoiced to him.
Article 5. Conclusion of the letting contract
The client declares irrevocably that he has been informed that the letting contract with Ardennes-Etape is concluded firmly and definitively when he confirms his reservation at the end of the reservation procedure for the stay by selecting the option "I declare that I am acquainted with and accept the general conditions of sale. I hereby confirm my reservation ".
Ardennes-Etape shall send by e-mail or communicate on personal access to the web site a confirmation of the reservation containing the various conditions and procedures for the stay. After the confirmation of the reservation, - the client shall no longer have the right to withdraw or alter the reservation, without prejudice to his right to cancel under article 10 or to reassign the reservation under article 7.4.
The client is advised that for certain accommodation where specific conditions are given on their descriptive page on the Ardennes-Etape web site, the reservation is only made subject to agreement by the owner and a possible increase in the deposit.
Article 6. Price
6.1. The total price of the stay is the price specified on the page presenting the accommodation published on the web site http://www.ardennes-etape.com for the given period (basic price), plus the cost of any additional insurance (7.5% of the basic price for cancellation insurance with a minimum of €15, 3% of the basic price for the rental damage insurance with a minimum of €12.50 and reservation fee (€22.50). The cancellation insurance is obligatory if the basic price of the stay exceeds €500.
Where a deposit must be paid to Ardennes-Etape under point 3 of article 7.1.2, the latter reserves the right to include the total amount of the deposit in the Total price of the stay.
6.2. The client is liable to pay the additional charges (end of stay cleaning, energy costs, tourist tax, etc.) specified on the Ardennes-Etape web site for each accommodation. Unless otherwise specified, they shall be payable to the manager in charge. Where these additional charges have to be paid to Ardennes-Etape, the latter reserves the right top included it in the total price for the stay, as with article 6.1.
Article 7. Obligations of the client
7.1. Obligation to pay
7.1.1 The client shall within 5 days of the date of the confirmation of his reservation pay a deposit of 30% of the total price for the stay. He shall pay the balance no later than 8 weeks before the start of the stay. The payment must be made by bank transfer.
In the case of a reservation made within 8 weeks of the start date of the stay, the client shall pay the full amount for the stay at the time that Ardennes-Etape makes the reservation. The payment must be made by bank transfer.
If the reservation is made 15 days before the date of the start of the stay, payment for the stay must be made out by bank transfer with valid evidence of payment sent to Ardennes-Etape or on line by credit card (VISA/MASTERCARD)
If the deposit and the balance or the total cost for the reservation are paid by bank transfer, it should be paid to ASTERIA sprl via the bank account number given on the confirmation of reservation and/or the pro forma invoice with the reference given.
No stay may commence until the client has paid the total price of the stay in full.
7.1.2 Unless otherwise stipulated, the deposit is payable by the client to the manager in charge on collection of the keys to the accommodation, in the sum specified on the confirmation voucher. The manager in charge may refuse to release the keys in the event that this deposit is not paid, without any liability to the client.
Unless otherwise stipulated, the deposit will be returned to the client on the day of departure, after the deduction of any additional charges as specified in the letting contract and on the confirmation voucher, of the costs of repairs or replacements occasioned by the client to the accommodation or its contents.
If the deposit has been paid to Ardennes-Etape, which retains it or pays it over to the owner, it will be repaid by Ardennes-Etape or the owner respectively to the client within 15 days from the end of the stay, after the deduction of any additional charges as specified in the letting contract and on the confirmation voucher, of the costs of repairs or replacements occasioned by the client to the accommodation or its contents.
The client expressly agrees that the deposit will only be repaid by Ardennes-Etape or the owner when a mutual agreement has been reached between the owner and the client regarding the sum deductible in relation to any damages occasioned by the let, or, if no such agreement can be reached, as determined in a court of law.
7.2. Responsibility of the client
7.2.1. The client undertakes to make use of the accommodation in a reasonable and appropriate manner and to respect all instructions given by Ardennes-Etape or the manager in charge to ensure that the stay passes off successfully.
The client undertakes to respect the rented accommodation and its ancillary buildings and its environment, inter alia as regards noise. If the behaviour of the client, or of a person or animal in his care, causes or could cause difficulties or a nuisance such as to compromise the proper conduct of the period of residence, Ardennes-Etape reserves the right to terminate the present contract, without notice or indemnity, in accordance with article 9.2.
Nonetheless, the client recognises that he shall be exclusively responsible for damage caused to the accommodation, its contents, to third parties or their goods, by his doing or that of a person or animal in his care or further to improper behaviour, an illicit or abnormal use of the property or its contents, theft or fire or a failure to carry out his contractual obligations. The costs incurred by the owner in order to restore the accommodation and its ancillary buildings, taking account where applicable of a coefficient of wear and tear, shall be retained from the deposit and invoiced to the client by the owner if the deposit is inadequate to cover such costs.
Finally, the client recognises that Ardennes-Etape may not in any event be held liable for any damages to his person, his goods, his animals, his visitors and those accompanying him during the period of the stay. He undertakes, in such a case, to address any such complaints directly and exclusively to the owner.
7.2.2. Complaints or financial demands by the client, due to the failure of the offer of stay, the accommodation or its inventory to meet the description of the contents on the Ardennes-Etape web site or to the poor state of maintenance of the accommodation, the garden, the swimming pool, the Jacuzzi or children's games on his arrival must be made by the client to the owner or to the manager in charge within 24 hours of his arrival and then in writing. The client shall likewise notify Ardennes-Etape who will then judge, after discussion with the owner, whether the complaint is well-founded and shall where propose the level of the indemnity which shall be settled by mutual agreement between Ardennes-Etape, the owner and the client. This indemnity will be payable by the owner, Ardennes-Etape being in no event responsible for the non-compliance of the accommodation.
In particular the client shall undertake to ask the owner to give him the “Ardennes-Pass” guide, should this not have been given to him on the day of his arrival. If necessary he shall notify Ardennes-Etape, which will make every effort to see to it that the owner gives the client the “Ardennes-Pass”. However, the absence of this guide shall not lead to any entitlement to compensation payable by Ardennes-Etape.
Complaints that cannot be made on the spot or which have not been satisfactorily resolved in situ must be made no later than one week from the end of the stay to Ardennes-Etape by registered letter to be considered.
Should it prove impossible to reach an amicable settlement via the mediation of Ardennes-Etape within a period of four months, then a legal dispute shall arise.
Ardennes-Etape shall then be discharged from its role as arbitrator. The owner and the client shall be required to resolve their differences between them. Ardennes-Etape may furthermore not be held responsible, nor such liability sought by clients, in the event of theft, fire or recourse by the owner of the accommodation against the client, for example for damage arising in connection with the let.
7.2.3. The client shall have civil liability for actions of his guests, persons and animals in his care.
7.2.4. The client undertakes to respect the maximum capacity of the accommodation, and to any prohibitions of occupation by groups and/or for purposes excluded by special conditions, as noted for certain properties on the Ardennes-Etape web site and on the confirmation voucher. The manager in charge or Ardennes-Etape, reserve the right to forbid access to the rented accommodation on arrival, or to terminate the stay, without any liability to the client for an indemnity, should such prohibitions not be respected.
7.2.5. Unless otherwise stated on the confirmation voucher, the arrival of the client and the handing over of keys will take place between 1600 and 1800 at the address of the rented accommodation itself. Should it prove impossible for the client to attend the accommodation at that time, for whatever reason (e.g. congestion or strikes), he is required to personally telephone the manager in charge of the rented accommodation, whose contact details are given on the confirmation voucher, and to agree another arrival time with him. Unless otherwise stated on the confirmation voucher, the client shall be required to quit the accommodation before 1000 on the final day of the reserved letting period, except at weekends where departure is authorised between 1000 and 2000.
7.2.6. The client is required to leave the accommodation and its contents in a perfect state of order and cleanliness. Even if the client makes use of a cleaning service, he is required to sweep the property, to clean and put away the crockery, to clean the electrical fittings (including the barbecue), to return any furniture that has been moved to its location when the client arrived, to leave the toilets clean, to sort household waste and to leave it in the place indicated, to unmake the beds and fold the sheets. Any supplementary costs incurred by the manager in charge to carry out the cleaning of the accommodation shall be deducted from the deposit and, where applicable, invoiced to the client by the owner, should the deposit be inadequate to cover the costs of cleaning.
7.2.7. Unless otherwise stated on the confirmation voucher mentioned in article 3.4 of the general letting conditions, household linen, namely sheets, duvet covers, pillowcases and tea-towels are not provided. The client is required to bring this household linen and to cover the mattresses with a cover or a sheet. If this is not the case, the manager in charge shall have the right to deduct from the deposit a sum corresponding to the costs of cleaning these mattresses.
7.2.8. Domestic animals are only admitted where permission is explicitly given in the information on the accommodation and subject to the restrictions given in the offer of accommodation. In some cases an animal (or an additional domestic animal) may nonetheless be admitted on payment of an additional charge. A failure to respect this clause and/or the maximum number of animals admitted shall authorise the manager in charge to refuse access to the accommodation without giving rise to any right of indemnity on the part of the client.
In the event of animals being allowed, the number of animals permitted is understood to be the number of animals taking part in the stay within the bounds of the property made available, including the garden and annexes. Likewise, in the event of animals not being allowed, this prohibition shall apply to the entire property made available, including the gardens and accommodation annexes.
A failure to respect this clause and/or the maximum number of animals admitted shall authorise the manger in charge to refuse access to the accommodation without giving rise to any right of indemnity on the part of the client.
7.2.9. The client undertakes to retain a copy of the summary of the reservation on a durable medium.
7.3. Insurance
The client acknowledges that he has been offered insurance cover against rental damages by Ardennes-Etape. He furthermore undertakes to provide cover for his responsibility in the event of fire in the accommodation and shall be obliged to take out insurance if necessary. The client furthermore undertakes to take out cancellation insurance for any reservation with a total price greater than €500.
7.4. Transfer of the letting contract
The client may transfer his reservation to a third party with the prior agreement of Ardennes-Etape 15 days before the date of the start of the stay. Ardennes-Etape reserves the discretionary right to refuse the transfer of the reservation. In this instance, the contract will be terminated automatically without indemnity and the client shall pay Ardennes-Etape the cancellation cost applicable under article 10 of the present contract.
The transferor and transferee are jointly and severally liable for the payment of the total price of the stay and the costs of the transfer. The transfer costs are set at €2250.
7.5. Certificate of fire safety
The client shall take all possible steps to inform Ardennes-Etape without delay if he observes that the accommodation does not meet the provisions of articles 73 to 78 of the decree of 18 December 2003 on tourist accommodation: in particular, he undertakes to inform Ardennes-Etape if he notes that a copy of the certificate of fire safety specified in article 73 of the above decree has not been deposited in the rented premises by the owner in a visible manner.
Article 8. Obligations of Ardennes-Etape
8.1. Ardennes-Etape guarantees the compliance of the descriptions of houses and their inventories, with the exception of the noise level which is provided for purely indicative and non-contractual purposes, as the auditory environment may be subject to variations due to events, third parties or other reasons. Tourist information is included for information and is not contractual in nature.
Ardennes-Etape however reserves the right to withdraw an offer of accommodation, temporarily or definitively. In this instance, it undertakes to update its web site and will inform customers who have reserved a stay in the withdrawn accommodation, in accordance with article 9.
8.2. Ardennes-Etape will send the client the confirmation voucher mentioned in article 3.4. of the present contract on reception of the payment in full of the total price of the stay.
Article 9. Termination by Ardennes-Etape
9.1 If Ardennes-Etape terminates the contract before the start of the stay for reasons which are not the fault of the client, the client shall have the choice between:
9.2 Ardennes-Etape reserves the right to terminate the contract, without notice or indemnity:
In these two cases, the client shall pay Ardennes-Etape the cancellation costs set out in article 10 of the present contract.
Article 10. Termination by the client
The client may at any time terminate all or part of the contract. If the client terminates the contract, he will be liable to pay Ardennes-Etape for the losses incurred as a result of the termination.
The damages are fixed as follows (plus reservation fee and insurance premiums):
Article 11. Changes to an essential aspect of the contract before the date of the start of the stay
11.1. If, before the start, an essential aspect of the contract is lacking or altered, Ardennes-Etape shall if it is aware of this warn the client as fast as possible, and in any case before the date of the start of the stay. Ardennes-Etape shall offer the client alternative accommodation of equivalent or higher quality (equivalence being judged on the basis of objective criteria and determined on the basis of:
11.2. The client shall inform Ardennes-Etape of his decision within 3 days of being informed of the alteration and in any case before the date of the start of the stay, if the alterations take place within the 3 days preceding the date of the start of the stay.
If the client accepts the changes, the parties shall conclude a new contract which encompasses the changes made any impact they may have on the price.
If the client does not accept the changes, the contract shall automatically become void and Ardennes-Etape shall repay all the sums paid by the client in connection with the contract. The client may, where applicable, demand an indemnity for non-performance of the contract. This indemnity shall however be limited to the total price of the stay and shall be assessed on the basis of the damages incurred by the client and justified by documents in writing. The client may not however claim an indemnity if the changes to one or more essential elements of the letting contract are the consequence of force majeure.
Article 12. Changes to an essential element during the stay
If, during the stay, as a result of exceptional circumstances, it appears that one or more essential elements of the letting contract can no longer be performed, Ardennes-Etape shall within 48 hours (2 working days) of these exceptional circumstances make an alternative offer equivalent to the initial contract, such equivalence being judged on objective criteria and determined on the basis of:
if the alternative offered is of a lower price, Ardennes-Etape shall repay the difference in price to the client at the earliest opportunity.
Should the client take the initiative of refusing this offer or if Ardennes-Etape is not in a position to make an alternative offer, the contract shall automatically become void and Ardennes-Etape shall repay a part of the total price of the stay to the client pro rata for the days remaining until the date of the end of the stay. The client may, where applicable, demand an indemnity for the total non-performance of the contract. This indemnity shall be limited to the total price of the stay and assessed on the basis of the damages incurred by the client and justified by documents in writing.
However, the client may not claim reimbursement or any indemnity if the partial or total non-performance of the stay is the result of force majeure or in the event of early departure by the client.
Article 13. Miscellaneous
13.1. The present general letting conditions are governed by Belgian law.
13.2. In the event of any dispute arising from the conclusion, execution or interpretation of the present contract, only the courts of the legal district of Verviers shall be competent.
13.3. Should any provision of the present contract be declared null and void, such nullity shall not result in the nullity of the remaining provisions of the general letting conditions.
13.4. The parties agree that in the event of a dispute they shall not contest the applicability of the present general letting conditions, of which they retain a printed version. They furthermore undertake to recognise the probative value of the printed version of all their electronic communication, in the same manner and under the same conditions as those for other documents and commercial record which are drafted or stored in printed form.
General terms and conditions for using “Ardennes-Etape Gift Vouchers”
Art. 1. Definition
1.1. “Ardennes-Etape Gift Vouchers” are vouchers that can be redeemed when booking a holiday house at the Ardennes-Etape website. These vouchers can be redeemed on the value of the booking and administration fee, but cannot be used to pay for security deposits and other expenses, such as energy costs, cleaning, taking out various insurance policies, etc.
Art. 2. Value
2.1. “Ardennes-Etape Gift Vouchers” are issued for a minimum amount of 5 EUR and a maximum amount of 2500 EUR.
Art. 3. Redemption
3.1. Each “Ardennes-Etape Gift Voucher” has a unique code that needs to be entered during the booking procedure for a holiday house at the Ardennes-Etape website. This code may only be used once and only for a single booking.
3.2. All “Ardennes-Etape Gift Vouchers” feature an issue date and a use-by validity date.
Art. 4. Validity
4.1. “Ardennes-Etape Gift Vouchers” are valid for a maximum period of one year from the date of issue: the use-by validity date is stated on the “Ardennes-Etape Gift Voucher”.
4.2. If the use-by validity date for the “Ardennes-Etape Gift Voucher” has expired, no claim may be made against Ardennes-Etape.
Art. 5. Conditions for use
5.1. “Ardennes-Etape Gift Vouchers” are valid for any booking that complies with the Ardennes-Etape general terms and conditions of sale.
5.2. “Ardennes-Etape Gift Vouchers” may not be combined: only one “Ardennes-Etape Gift Voucher” may be used for each booking.
5.3. If the amount of the booking is less than the value of the “Ardennes-Etape Gift Voucher”, the user may not ask for the balance to be refunded.
5.4. “Ardennes-Etape Gift Vouchers” may not be redeemed for cash, nor are they refundable.
5.5. If a “Ardennes-Etape Gift Voucher” is lost, no claim may be made against Ardennes-Etape.
5.6. If a booking is cancelled that has been paid for in part or in full using a “Ardennes-Etape Gift Voucher” and on condition that the customer is entitled to a full or partial refund for the stay booked, the amount to which the customer is entitled will be refunded in the form of a new “Ardennes-Etape Gift Voucher”, with the issue date being the date of cancellation and with a validity period of one year.
5.7. “Ardennes-Etape Gift Vouchers” are only valid for bookings and stays made subsequent to their date of issue.
General conditions for the 100% Ardennes welcome pack
- Any reservation made for the 100% Ardennes welcome pack special offer is submitted to the general conditions of sale of Ardennes-Etape.
- The cancellation of a reservation doesn’t give right to the 100% welcome pack.
- The 100% Ardennes welcome pack special offer is valid while stocks last.
- The 100 % Ardennes welcome pack is only delivered in the holiday house the first or the second day of the stay.
- The 100% Ardennes welcome pack can not be reimbursed or exchanged.
- The content of the 100% Ardennes welcome pack can not be the subject of any complaint.
- Ardennes-Etape accepts no responsibility for the quality of the products contained in the 100% Ardennes welcome pack, the use made or the consequences.
- In case of complaint concerning the local products contained in the 100% Ardennes welcome pack, please contact the quality department of the production company.