General terms and conditions applying to B-aparthotels rooms and residences

Preamble

These general terms and conditions of sale have been concluded on the one hand between the company BEAPART S.A., whose registered offices are located at Square Ambiorix 28, 1000 Brussels, registered with Banque Carrefour des Entreprises under number 0552.749.847, referred to hereinafter as “the service provider” or “B-aparthotels” and, on the other hand, the beneficiary of the service referred to hereinafter as “the customer”.

The customer and the service provider are referred to jointly hereinafter as “the parties”.

 

Definitions

It is hereby agreed that the terms used in these general terms and conditions shall have the following meanings:

Mobile application: all services and protocols used to connect mobile terminals to the Internet allowing notably for the consultation and booking of the hotel services provided by B-aparthotels.

Room: concept which applies to the room, apartment or studio.

Booking confirmation: page on the Website or mobile application which lists the stay booked by the customer and its duration, the services chosen by the latter, the price including tax and the sales terms associated with the selected rate on which the customer enters his/her bank card number in the context of a prepayment or a guarantee. The confirmation of the booking by the customer binds the latter contractually to B-aparthotels.

Customer: any physical entity acting for private purposes.

Booking request: request made by the customer via the Website, a mobile application, telephone or email to book rooms.

Data: personal data according to the General Data Protection Regulations, namely any information relating to an identified or identifiable physical entity; an “identifiable physical entity” is considered to be a physical entity who can be identified directly or indirectly notably with reference to ID such as a name, identification number, location data, on-line ID or one or more specific elements relating to their physical, physiological, genetic, psychological, economic, cultural or social identity.

Right to withdraw: legal period of 14 days during which the customer may withdraw from a contract remotely without having to justify their decision and without incurring any other costs than those provided for by law.

Booking confirmation email: document which summarises the booking made by the customer which is sent to the latter by email following confirmation of the booking.

Establishment: residences provided by B-Aparthotels for its customers in Europe within the framework of its hotel activities.

Service provider: any physical or legal entity cooperating with B-aparthotels within the framework of the services proposed to the customer.

Pre-authorisation: system which consists of checking the validity of the credit card used by the customer to book the stay and, in doing so, blocking a certain amount in their account. In general, the blocked amount must not exceed the price of a night’s stay with the blocked amount being released within 10 days if the amount has not been used. These terms may vary, however, depending on the type of bank card used and the type of bank.

Prepayment: payment for a stay made when the booking is made by the customer on the basis of the preferential rate associated with the stay. No cancellation or reimbursement is possible.

Privacy Policy: charter relating to the processing of personal data which explains the way in which personal data is processed by the firm.

Group booking: a booking is considered to be a group booking when the customer books 5 or more rooms during the same booking period. Group bookings are governed by special terms and conditions, which means that all requests have to be sent by email to the following address: brussels@b-aparthotels.com.

On-line booking: rooms booked by the customer via the Website or mobile applications of B-aparthotels.

No show: booking which has not been cancelled by the customer either directly (via the Website) or indirectly (via partners) when the latter has not gone to the establishment with which a booking had been made.

Services: all the services proposed to the customer within the framework of the booking made via the Website or mobile applications of B-aparthotels.

Website: all the Web pages which are accessible via the Internet network containing information relating to B-aparthotels, the services proposed by the latter and the ways in which they can be obtained.

Tourist tax: regional tax on tourist accommodation which the customer must pay to the authorities.

Processing: any operation which involves but is not limited to the collection, recording, organisation, amendment, use or deletion of personal data.

I. General terms and conditions

 

Article 1. Application of these general terms and conditions

All bookings with one of the B-aparthotels establishments presuppose consultation and unreserved acceptance of these general terms and conditions. Prior to confirmation of the booking, the customer shall be made aware of these general terms and conditions, which shall also be attached to the email confirming the booking.

Unless special terms and conditions are presented in writing by an authorised member of staff of B-aparthotels, these general terms and conditions shall govern all the services provided by the latter.

These general terms and conditions shall apply to all customers unless dispensation is granted under the special terms and conditions.

Article 2. Compliance with internal rules

The customer undertakes to behave in a responsible manner in the B-aparthotels establishments and to comply with the internal rules of the hotel. Any serious or repeated violation of this requirement shall be considered to be a serious fault on the part of the customer and shall authorise B-aparthotels to terminate the stay of the customer or individuals under his/her responsibility without prejudice to the amounts owed.

Article 3. Responsibility of the customer

The customer is responsible vis-à-vis B-aparthotels both with regard to the individuals under his/her responsibility and to the damage which may be caused by the latter or by him/herself to people, property, equipment and other B-aparthotels facilities and in general to areas accessed by the public.

Article 4. Safety and identification procedure

B-aparthotels reserves the right to check the customer’s identification at any time. The customer must therefore carry identity papers or a passport.

Article 5. Guarantee

All bookings must be guaranteed, depending on the case and at the choice of B-aparthotels, by credit card, deposit or prepayment of the stay.

B-aparthotels reserves the right to check the validity of payment and guarantee methods and to refuse the latter. If the booking is guaranteed by credit card, B-aparthotels reserves the right to pre-authorise the customer’s credit card payment prior to arrival. The customer must provide the exact details of his/her credit card and present the card used for the booking when confirming the payment with the proviso that the customer must be the holder of the above-mentioned card.

If the credit card cannot be presented for verification, the customer shall be requested to provide an alternative means of payment (other credit card, cash or bank transfer). If the details recorded in the booking document do not correspond to those of the customer occupying the room or apartment, the booking shall be amended with the new information provided.

The guarantee shall apply to the price of the stay as well as to additional services (such as breakfast, parking, telephone, Internet, cleaning and laundry for example) and may amount to as much as 15% of the price of the room per day.

Article 6. Payment

The final payment (outstanding balance taking the guarantee and payments already made into account) shall be settled by the customer at the latest at the time of departure.

Article 7. Arrival and departure times and access to B-aparthotels establishments

The arrival time specified for B-aparthotels establishments is 2 p.m. The customer must leave the establishment by 11 a.m. on the departure date.

Access to B-aparthotels establishments shall be gained by means of codes provided prior to the customer’s arrival. These codes shall be provided to the customer once the booking has been confirmed and guaranteed by his/her payment in accordance with these terms and conditions at the latest on the customer’s arrival date.

Article 8. Force majeure

B-aparthotels shall not be held responsible for the total or partial non-fulfilment of its obligations if this is due to the occurrence of a force majeure event such as, but not limited to, floods, fires, storms, terrorism, strikes or a state event. B-Aparthotels reserves the right to transfer the customer’s booking to another residence in the town in which the booking was originally made.

Article 9. Animals and smokers

The presence of animals shall be limited to small pets and must be mentioned by the customer at the time of the booking with an indication of the type of animal concerned. B-aparthotels reserves the right not to accept certain animals. The customer shall be charged a supplement of €20 per animal per day. Any damage caused by animals shall be charged to the customer concerned.

Smoking is prohibited in the B-aparthotels establishments (including bedrooms, stairwells, lifts, corridors and all areas accessible to the public in accordance with the law of 22 December 2009). If this ban is not respected, a cleaning charge of €250 (excl. tax) shall be applied, with higher penalties being possible if B-aparthotels finds more serious damage (including, but not limited to, refusing to rent the room).

Article 10. Supplements for arrival in the morning and/or late departure

Customers wishing to access their room between 6 a.m. and 11 a.m. shall be charged for a full night.

Customers wishing to access their room between 11 a.m. and 2 p.m. shall be charged a supplement of €50.

In the event of late departure and occupancy: (i) before 4 p.m.: a supplement of €50 shall be applied, (ii) after 4 p.m.: an additional night shall be charged.

Article 11. Minors

Bookings may not be made by minors. B-aparthotels reserves the right to refuse access to the residences to any minors who are not accompanied by a legal representative and to cancel the booking. B-aparthotels may also cancel a stay if it transpires that the residence it to be used by minors who are not accompanied by a legal representative.

Article 12. Wifi

The B-aparthotels residences provide Wifi access. This Wifi access may be charged or free depending on the residence and the speed chosen by the customer.

The use of Wifi implies that the customer must comply with the security instructions of the Internet service provider. The customer must abstain from any acts which limit the effective operation of the Wifi provided.

B-aparthotels shall not accept any liability in the event of the unavailability of the Internet network.

Article 13. Complaint management

All complaints relating to non-performance or improper performance of services by B-aparthotels shall, in order to be valid, be sent to the company’s registered offices by registered letter within 10 working days of the event in dispute with a precise description of the elements alleged against B-aparthotels. Beyond this deadline, the complaint shall be deemed to be invalid.

Article 14. Exclusion of domiciliation

The domiciliation of the customer at the postal address of the establishment where the latter is based or the address of the registered offices of B-aparthotels is prohibited.

Article 15. Protection of personal data

When a customer books a stay in one of our establishments, his/her collected data shall be subject to processing by B-aparthotels. This data is required in order to manage the customer’s booking and may be used to find out more about the customer and send him/her information on the products and services provided by B-aparthotels.

The customer’s data is intended for consultation by B-aparthotels and its service providers. The customer’s data may be transferred to entities based outside the European Union in order to manage the customer’s bookings, process his/her file within the framework of pre-contractual measures or on the basis of an authorisation by the competent authorities in relation to data protection.

B-aparthotels shall process the data for which it is responsible for the purpose of the commercial management of its bookings, invoicing and payment, prospecting and promotion/sales drives, commercial statistics and satisfaction surveys. The data is intended for consultation by B-aparthotel and its service providers for matters concerning them respectively.

In accordance with the legal provisions, the customer shall be granted the right to access, consult, correct, oppose and remove data held by B-aparthotels and the right to define guidelines for the processing of the data. The customer shall use the following unique address for this purpose: private.datas@b-aparthotels.com.

The customer acknowledges that he/she has consulted the charter relating to the processing of personal data (Privacy Policy), which the customer may consult by clicking on the following link or from the B-aparthotels Website.

Article 16. Divisibility

The nullity of one of the provisions of these terms and conditions shall under no circumstances result in the invalidity or nullity of the remaining contractual provisions.

Article 17. Applicable law and settlement of disputes

These general terms and conditions and the contractual relationship between the parties stemming from the latter shall be governed exclusively by Belgian law with the exception of conflict of laws rules. In the event of a dispute, exclusive competence shall be granted to the French-speaking courts of Brussels.

II. General terms and conditions relating to individuals acting for private purposes

 

Article 1. Booking conditions

Rooms booked within the framework of these services shall mainly be booked on-line (either via the B-aparthotels Website or via its mobile application). Bookings may also be made by email or telephone if on-line booking is not possible.

The customer declares that the booking or bookings made are for private purposes and do not come within the framework of his/her professional activities. Different terms and conditions apply in the latter case and the customer must send his/her booking request directly by email to the following address: brussels@b-aparthotels.com.

A booking shall only be definite when the customer has received booking confirmation by email. The customer must check the accuracy of the information provided in the confirmation email and notify B-aparthotels within 24 hours in writing in case of errors.

Failing that, any subsequent disputes shall be deemed to be overdue and invalid and the full price of the booking shall be payable.

Any irregular, incomplete or fraudulent bookings may be cancelled at the expense of the customer without prejudice to the right of B-aparthotels to claim damages in this context.

If a customer makes a booking for 5 or more individuals during the same period, the booking shall automatically be considered to be a group booking. In this case, the booking shall be governed by a specific contract and shall only be confirmed once the total cost of the stay has been paid. The balance (concerning additional services such as, but not limited to, breakfast, parking, telephone, Internet, cleaning and laundry and any damage caused) shall be guaranteed at the choice of B-aparthotels by credit card or prepayment.

All bookings are nominative and may not be amended without the prior written agreement of B-aparthotels.

Article 2. Price

The booking price is quoted both before and at the time of the booking. The quoted prices are per room for the number of people and date selected. These prices are confirmed to the customer inclusive of tax and are only valid for the duration indicated on the booking page and booking confirmation (in the event of discrepancies, the latter takes precedence). B-aparthotels shall always inform the customer of the total order amount upon confirmation of the booking by the customer. Prices may vary however until the booking confirmation has been recorded.

The price of the stay is payable in Euros unless otherwise specified in writing.

Unless stated otherwise on the Website or mobile application of B-aparthotels, additional services (breakfast, half board, full board, etc.) are not included in the price.

The tourist tax indicated on the rates and booking confirmation page is payable directly to the hotel except in the case of pre-payment when this amount may already be included.

Prices are inclusive of VAT in force on the date of the order and any change in the applicable VAT rate shall be automatically passed on to the prices indicated on the invoicing date. Furthermore, any amendment or introduction of new taxes by the authorities shall be automatically passed on to the prices payable by the customer.

If a significant change is made to the price or calculation method after the booking, B-aparthotels shall notify the customer who will be authorised to cancel the booking.

Article 3. Payment

The customer shall be asked to provide his/her credit card details at the time of the booking to guarantee the booking or make a prepayment. This information must include the name of the card holder, the card number and its expiry date.

The customer must carry the credit card used to guarantee the booking or make a prepayment. Furthermore and for security reasons, the customer must be the holder of the above-mentioned card.

B-aparthotels works with Ogone/Ingenico Payment Services (Payment Service Provider) and Cybersource in order to secure on-line payments made by bank card. The validity of the customer’s payment card is verified by Ogone/ Ingenico Payment Services or Cybersource. The latter may refuse the payment card for various reasons: stolen card, blocked card, ceiling reached, input error, etc. In the case of problems such as the ones listed above, the customer must, on the one hand, contact his/her bank and, on the other, contact B-aparthotels in order to confirm the booking and pay by any other method accepted by B-aparthotels.

The stay may be paid for by means of a prepayment when the booking is confirmed by the customer if this possibility is offered by B-aparthotels. In this case, the total amount shall be debited immediately including the price of the accommodation, the tourist tax, the price of meals if meals have been selected by the customer and any other additional service chosen by the customer.

In other cases, B-aparthotels shall make a pre-authorisation 48 hours before the planned arrival date using the account details provided by the customer. The payment shall be made at the time of the customer’s departure at the latest. B-aparthotels may ask the customer on arrival to provide a guarantee or authorisation to debit his/her credit card in order to guarantee the payment of the amounts owed.

B-aparthotels may in all events ask the customer to present his/her identity documents for verification and control purposes.

Article 4. Cancellation and no show

Bookings may be cancelled directly via the B-aparthotels Website or its mobile application. All cancellation requests shall be sent in writing to brussels@b-aparthotels.com and shall only take effect once they have been confirmed by return of email by B-aparthotels.

If the customer’s booking his been prepaid, no cancellation or reimbursement shall be authorised given that the customer benefits from preferential rates in the case of a prepaid booking.

Without prejudice to the previous paragraph of this provision, the customer may cancel his/her booking free of charge up until 6 p.m. on the planned arrival date. After that time, the price of the first night shall be charged and the room shall become available again. The same shall apply if a customer does not arrive on the planned arrival date and the booking has not been cancelled or has not been cancelled according to this provision.

If the booking is associated with a specific sales offer, commercial package or any other promotion governed by special terms and conditions, the cancellation and no show conditions shall be governed by these specific terms and conditions which may deviate from this provision.

 

Article 5. Reduction of the number of nights

Without prejudice to prepaid bookings, in the event of a reduction in the number of nights prior to the customer’s arrival date and up until 6 p.m. on that date, no costs shall be charged to the customer.

In the event of a reduction in the number of nights during the stay, the entire stay originally booked shall be payable.

If the booking is associated with a specific sales offer, commercial package or any other promotion governed by special terms and conditions, the conditions applying to the reduction in the number of nights shall be governed by these specific terms and conditions which may deviate from this provision.

Article 6. Extension of the number of nights

Any extension to the number of nights shall be considered as a new booking and shall therefore be subject to a written request sent to the following email address: brussels@b-aparthotels.com. A new proposal containing specific price conditions shall be sent to the customer which shall be confirmed by email by B-aparthotels and the customer.

B-aparthotels cannot under any circumstances guarantee availability for the dates and/or rooms requested.

If the booking is associated with a specific sales offer, commercial package or any other promotion governed by special terms and conditions, the conditions applying to the extension in the number of nights shall be governed by these specific terms and conditions which may deviate from this provision.

Article 7. Withdrawal

In accordance with Article VI 53 of the code of economic law, the customer shall not be granted the right to withdraw within the framework of these services.