LEGAL DISCLAIMER CORSENDONK HOTELS & CLUBS

1. GENERAL

1.1. These general terms and conditions apply to all contracts concluded between the hotel, the provider of accommodation and/or the service provider forming part of the CORSENDONK HOTELS group, hereinafter referred to as “Corsendonk Hotels” and their fellow contracting party or fellow contracting parties, hereinafter referred to as “the Client”.

1.2. Unless explicitly stipulated otherwise, these terms and conditions apply exclusively, and therefore to the complete and explicit exclusion of the general terms and conditions of the fellow contracting party. The general terms and conditions form part of agreements with Corsendonk Hotels and can only be deviated from by written consent.

 

2. RESERVATIONS AND AGREEMENTS

2.1 A reservation is only final if the proposed agreement has been signed by Client for approval and is in the possession of Corsendonk Hotels, this, without prejudice to the application of Article 3.2 of these terms and conditions.

2.2 Advance payments and/or guarantees which have been agreed, must be paid within 7 days of the arising of the agreement.

2.3. Amendments and supplements are only valid if confirmed in writing by both parties.

2.4. A Client who reserves for several persons, groups and/or on behalf of third parties makes a personal and joint and several undertaking to pay the total (final) settlement of account, even in the event of individual allocation/invoicing of each guest or participant. In addition, on the basis of Art. 1120 former Civil Code (or from 01 January 2023 Art. 5.106 Civil Code), the Client is obliged and promises to respect/pay in his own name the undertakings/payment obligations of the third party(ies)/hotel guest(s)/group members.

2.5. If the reservation also includes the booking of hotel rooms, the Client must hand over a detailed list, mentioning the following information for each room: the occupancy and the details of the guests (surname, first name, address and nationality), at latest 14 days before the planned arrival date. The Client accepts that Corsendonk Hotels has a legal obligation to register guests who stay in the hotel rooms.

 

3. ADVANCE PAYMENT AND DEPOSIT

3.1. Corsendonk Hotels may request the payment of an advance payment and/or deposit.

3.2. If the requested advance payments and/or deposits are not paid within the agreed deadline, Corsendonk Hotels may unilaterally cancel the reservation without further warning, without the Client being entitled to compensation.

3.3 Any advance payments are final and cannot be revoked by Corsendonk Hotels, and are non-refundable. In such case, they shall apply as compensation for the unavailability of the reserved rooms or areas, and the administration costs of Corsendonk Hotels.

 

4. CHANGE OF RESERVATIONS – CANCELLATION

4.1. Any change of a reservation must be communicated to Corsendonk Hotels in writing. Corsendonk Hotels is only obliged to perform an amended reservation, if it has accepted and confirmed this in writing.

4.2. Full or partial cancellation can only be performed by registered letter or in exchange for confirmation of receipt. The date of receipt of this letter applies as the cancellation date, and in the absence of explicit confirmation of receipt, shall be deemed to have been received 3 working days from its dispatch date.

4.3. If the Client wishes to increase the number of participants or rooms, Corsendonk Hotels shall make every reasonable effort to fulfil this. This is an undertaking of means, and Corsendonk Hotels cannot be held liable for failure to succeed in this.

4.4 Corsendonk Hotels shall always be entitled to claim payment for costs already incurred in relation to the Client’s reservation, including payments owed by Corsendonk Hotels to external suppliers, without prejudice to the applicable cancellation or amendment fees.

4.5. In the event of full cancellation, a fixed cancellation fee shall be charged:

–  of 20% of the total agreed amount, if notification is made at latest 120 days before the first planned arrival date of the participants;

–  of 40% of the total agreed amount, if notification is made at latest 60 days before the first planned arrival date of the participants;

–  of 60% of the total agreed amount, if notification is made at latest 30 days before the first planned arrival date of the participants;

–  of 80% of the total agreed amount, if notification is made at latest 15 days before the first planned arrival date of the participants;

–  the full agreed amount, if notification is made less than 15 days before the first planned arrival date of the participants;

4.6. In the event of a partial cancellation without reduction of the number of participants, but with a reduction of the period or the services ordered, the cancellation fee in application of Article 4.5 shall only be claimed for the cancelled period and/or services.

4.6. The Client accepts that he may only make limited amendments to the number of participants:

–  Up to 120 days before the first planned arrival date, a maximum of 80% of the number of participants and booked rooms and/or services linked to this can be cancelled without the Client owing a fee for the cancelled participants. Each additional cancellation shall be invoiced at the contractual price. This cancellation exemption cannot be accumulated with other exemptions or discounts;

–  Up to 60 days before the first planned arrival date, a maximum of 60% of the number of participants and booked rooms and/or services linked to this can be cancelled without the Client owing a fee for the cancelled participants. Each additional cancellation shall be invoiced at the contractual price. This cancellation exemption cannot be accumulated with other exemptions or discounts;

–  Up to 30 days before the first planned arrival date, a maximum of 40% of the number of participants and booked rooms and/or services linked to this can be cancelled without the Client owing a fee for the cancelled participants. Each additional cancellation shall be invoiced at the contractual price. This cancellation exemption cannot be accumulated with other exemptions or discounts;

–  Up to 15 days before the first planned arrival date, a maximum of 20% of the number of participants and booked rooms and/or services linked to this can be cancelled without the Client owing a fee for the cancelled participants. Each additional cancellation shall be invoiced at the contractual price. This cancellation exemption cannot be accumulated with other exemptions or discounts;

– Up to 7 days before the first planned arrival date, a maximum of 10% of the number of participants and booked rooms and/or services linked to this can be cancelled without the Client owing a fee for the cancelled participants. Each additional cancellation shall be invoiced at the contractual price. This cancellation exemption cannot be accumulated with other exemptions or discounts;

4.7. As soon as the Client has notified the full and/or partial cancellation, Corsendonk Hotels may have free disposal of the cancelled rooms, services and/or facilities, without the Client being able to derive any further right from this.

 

5. EXTRA CHARGES

5.1. The agreement does not include any meals, drinks and other services which are not mentioned in the agreement. Corsendonk Hotels shall charge these to the Client, unless it was agreed that these costs shall be settled individually with the participants, without prejudice to Article 2.4 of these terms and conditions.

 

6. AVAILABILITY OF ROOMS AND OTHER AREAS

6.1. Unless stipulated otherwise in the contract, the hotel rooms reserved for a Client shall be available to a Client at 3 p.m./15 hundred hours. The rooms must be cleared and vacated at 10.30.

6.2. Areas other than hotel rooms are available, in line with the written agreement between Corsendonk Hotels and the Client. The client expressly undertakes to start and end his activity within the times foreseen in the contract. Unless expressly agreed otherwise, Corsendonk Hotels may always provide a different area from the area foreseen in the agreement at the same location, provided that this meets the functional and fundamental requirements of the Client.

6.3. If the Client, a participant or a guest, decides to leave the room(s) and/or the area(s) earlier than agreed, this shall in no way affect the agreed payment obligations. As soon as the Client or a participant leaves the room(s) and/or the area(s), Corsendonk Hotels may have free disposal of them, without the Client or the participant being able to derive any further right from this.

 

7. LIABILITY AND INSURANCE

7.1. The Client undertakes to take out insurance with an insurance company recognised in Belgium, to cover his liability as organiser and for all damage to third parties caused by the Client, the participants, the guests and/or their appointees. The Client shall include in the policy a waiver of redress in favour of Corsendonk Hotels.

7.2. The duty of Corsendonk Hotels, as a hotelier, to safeguard goods, applies to Clients and/or their participants/guests in so far as they book a hotel room. This duty of safekeeping is limited to the legal duty of safekeeping, and does not relate to live animals or vehicles (including bicycles).

7.3. The Client is solely and exclusively responsible for goods, equipment and appliances which do not fall under the duty of safekeeping of Article 7.2. The Client releases Corsendonk Hotels from any liability, in so far as the law permits this.

7.4. The Client is jointly and severally liable to Corsendonk Hotels for all damage caused by participants or guests to Corsendonk Hotels, its staff, third parties, the building, and the furniture and/or equipment of the hotel.

 

8. COMPLAINTS

8.1. Complaints must be reported to Corsendonk Hotels, in writing, within 24 hours, on pain of forfeit.

 

9. PAYMENT

9.1. Unless agreed otherwise, all invoices and hotel bills are payable in cash without discount. If they are not paid on the due date, they shall, lawfully and without advance notification of default, be uplifted by a fixed sum of compensation of 10%, with a minimum of € 40, and by interest on the arrears of 8% per annum, and this from the due date until the date of full settlement.

9.2. If the invoice or hotel bill is not paid on time, any price reductions, commission or refunds shall be legally forfeited.

9.3 Each case of force majeure or accident shall lawfully release Corsendonk Hotels of its contractual obligations, without the fellow contracting party being able to claim compensation. Amongst others, the Client accepts the following situations as force majeure: accidents, equipment breakage, exceptional weather conditions, fire, labour strikes, lock-out, theft, exceptional hinder of transport, terrorism/war, epidemic and pandemics, government orders, disruptions of energy supply.

 

10. HOUSE RULES – FIRE PREVENTION – SAFETY PROCEDURES

10.1 The Client shall ensure that participants or guests behave in a proper manner, and in accordance with the house rules of Corsendonk Hotels. The client accepts that participants or guests who fail to behave in a proper manner, or who fail to abide by the house rules, may be denied access, without any right to compensation.

10.2 The Client is forbidden to use the areas made available for gatherings relating to extreme ideologies and or tendencies, and/or which may, directly or indirectly, negatively affect the reputation of Corsendonk Hotels.

10.3. Emergency exits must be kept clear of obstructions at all times, and the signs indicating their location must be kept visible. Where this is explicitly mentioned, fire and emergency doors must always remain closed. Nothing may be attached to the push bars, nor may any materials be placed in front of or behind the doors.

10.4. Staircases which serve as an escape route must be kept clear of obstructions.

10.5. It is forbidden to bring any flammable, explosive or hazardous liquids or products into the hotel, or to make any adaptations to its existing installations, materials, furniture or equipment, without the advance written permission of Corsendonk Hotels. The Client is responsible for obtaining any permits required.

10.6. Curtains, wall coverings and any other decorative material that is hung on or attached to walls and ceilings, must be manufactured from fire retardant or fireproof materials.

10.7. Electrical facilities must not be overburdened.
10.8. Brand fighting facilities must not be misused.
10.9. Unless indicated otherwise, a general smoking ban applies.

10.10. If the Client hires external security staff, the latter must hold a permit from the Ministry of the Interior, and its staff must comply with the Security guard companies, security companies and internal security services Act of 10 April 1999.

10.11. The Client shall not exceed the maximum number of persons permitted in a room or area, and accepts that the client, participants and/or guests may be denied access if capacity is exceeded.

 

11. APPLICABLE LAW AND JURISDICTION

11.1. The courts of the judicial district of Antwerp, Turnhout department, are exclusively competent to hear disputes regarding the arising, implementation and/or termination of the agreement between the Client and Corsendonk Hotels.

11.2. Agreements with Corsendonk Hotels are governed exclusively by Belgian law.

 

12. NULLITY

12.1 The invalidity of one or more clauses of the agreement shall not result in the invalidity of the rest of the agreement. The parties undertake to replace the null and void clauses with (a) legally-valid clause(s), which is/are in line with the spirit of the agreement, customary practice in the sector, or which approximate(s) it as closely as possible.


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