Terms and Conditions
Terms and Conditions
APPLICATION
- These General Terms and Conditions apply to all offers, reservations and agreements relating to all accommodation rented out by De Hoogmolen.
- In these General Terms and Conditions, 'De Hoogmolen' refers to: the public limited company De Hoogmolen, with registered office at 3670 Ellikom, Hoogmolenweg 15, VAT BE 0465.746.785).
- In these General Terms and Conditions, the terms 'tenant' and 'you' refer to the person who enters into an agreement with De Hoogmolen regarding the rental/use of accommodation.
- The term 'user' (also referred to below as 'guest') refers to: the tenant and the persons specified by the tenant who will use the accommodation rented by the tenant.
- These General Terms and Conditions apply regardless of any (prior) reference you may make to your own terms and conditions or to other general terms and conditions. De Hoogmolen rejects all general terms and conditions to which you refer or which you use.
- Agreements that deviate from these General Terms and Conditions are only valid if agreed in writing.
RESERVATIONS
- De Hoogmolen only accepts reservations from persons aged 18 or older. Reservations made by persons younger than that age are therefore not valid.
- De Hoogmolen reserves the right to refuse reservations without giving reasons or to impose special conditions.
- An agreement between you and De Hoogmolen is concluded at the moment that De Hoogmolen has accepted the reservation and confirmed it to you.
- The agreement concerns the rental of accommodation, which is short-term in nature.
CHANGES TO THE AGREEMENT
- If, after the agreement has been concluded, you wish to make changes to the agreement, De Hoogmolen is not obliged to accept them. It is at De Hoogmolen's discretion to determine whether and to what extent it will accept such changes. If De Hoogmolen accepts your changes, De Hoogmolen will be entitled to charge you a change fee.
- If, due to circumstances, De Hoogmolen has to make a change to a reservation you have made with regard to the location or the period of stay, De Hoogmolen may offer you a suitable alternative.
SUBSTITUTION
- The tenant and other users are not permitted to allow the accommodation to be used by persons other than those named in the agreement, under any name and for any reason whatsoever, unless otherwise agreed in writing with De Hoogmolen.
- If you and De Hoogmolen have agreed that you and/or one or more users will be replaced, you will remain jointly and severally liable to De Hoogmolen for all payments and reimbursements, in addition to the tenant and/or users who replace you and/or other users.
PRICES
- You owe De Hoogmolen the agreed rental price, as stated in the booking confirmation.
- Price discounts and/or special offers can no longer be used once the booking confirmation has been sent by De Hoogmolen.
- All prices are inclusive of VAT, where applicable, unless otherwise stated.
- De Hoogmolen has the right to implement and charge price increases resulting from interim changes to statutory regulations or provisions (including, but not limited to, VAT, tourist tax and insurance tax) over which De Hoogmolen has no influence.
ADDITIONAL COSTS
- The tourist tax contribution is determined by the municipality in which the accommodation is located. You/the tenant owe De Hoogmolen the applicable tourist tax rate set by the relevant municipality at all times. This is not included in the published price.
PAYMENTS
- Within 14 days of De Hoogmolen confirming a reservation, you must pay a deposit of 20% of the total amount payable. For bookings via Airbnb, please refer to their applicable guidelines (bit.ly/richtlijnen_Airbnb). For bookings made via Booking.com, please refer to their applicable guidelines (bit.ly/richtlijnen_Booking_com). A booking will only be validly accepted and finalised upon receipt by De Hoogmolen of the aforementioned deposit.
- For reservations made within thirty (30) days of the start of your stay, the full amount must be paid in one instalment.
- The (remaining) amount of the rental price must be received by De Hoogmolen no later than thirty (30) days before the start of your stay at De Hoogmolen, as stated in the booking confirmation.
- In the absence of payment in accordance with the above, De Hoogmolen may deny you the use of the accommodation. If it later transpires that you did indeed give a payment order, but the amount had not yet been credited to De Hoogmolen's bank account upon arrival, the overpaid amount will be refunded retrospectively.
- If you fail to pay the amounts invoiced to you on time, you will be in default immediately after the payment term has expired. In the event of non-payment on the due date, interest on arrears will be payable by operation of law and without notice of default (for the period commencing on the respective due date and ending on the day on which the amount due is paid) equal to the statutory interest rate, increased by a fixed compensation of ten per cent (10.00%) on the invoice amount, with a minimum of €125.00.
- If payment is not made (on time), De Hoogmolen is entitled to terminate (cancel) the agreement. You are liable for all damage that De Hoogmolen suffers or will suffer as a result, including all costs that De Hoogmolen has had to incur in connection with your reservation and the termination. De Hoogmolen is in any case entitled to charge cancellation costs per accommodation. In that case, the provisions of the subtitle "Cancellation costs" apply.
- De Hoogmolen always has the right to set off any claims against you for any reason whatsoever against any amounts paid by you for any reason whatsoever.
ARRIVAL AND DEPARTURE
- The rented accommodation can be occupied from 3 p.m. on the agreed day of arrival as stated on the booking confirmation. On the agreed day of departure as stated on the booking confirmation, the accommodation must be vacated before 10 a.m.
- If you wish to continue the agreement with De Hoogmolen for longer than the agreed period and De Hoogmolen agrees to this in writing, De Hoogmolen is always entitled to designate another accommodation.
- If the use of the accommodation is terminated earlier than the agreed date stated on the booking confirmation, the tenant is not entitled to a refund of (part of) the rental price and/or costs by De Hoogmolen.
RULES
- All guests must comply with the rules established by De Hoogmolen, as set out in the messages sent to you and the house rules stated on the booking platforms and the De Hoogmolen website.
- In accordance with local regulations, all guests are required to provide proof of identity and/or complete the check-in form upon request. If guests are unable to provide proof of identity, De Hoogmolen may decide not to accommodate them in its accommodation.
- Each accommodation may only be occupied by the maximum number of persons (i) stated on the De Hoogmolen website (www.hoogmolen.be) and/or the booking platforms for the accommodation in question, as well as (ii) for which the booking was made. Each additional bed occupied beyond the number of registered guests will be charged as an extra guest.
- In order to carry out necessary maintenance/repairs, you will allow maintenance/work to be carried out on the accommodation during your stay, without any right to compensation.
- For safety reasons, it is not permitted to place tents, air mattresses or other forms of mobile accommodation/sleeping places at the accommodation.
- For safety reasons and due to fire hazards and/or potential violations of local regulations, campfires, fire pits, open fires or fireworks are not permitted in and around the accommodation, except for the use of the barbecue provided by De Hoogmolen in a suitable manner and location. Any fireplaces are for decorative purposes only and may not be lit or used.
- The tenant must leave the accommodation in a clean and tidy condition: no dirty dishes left behind (dishes, pots and pans must be put away clean in the cupboards; the dishwasher must be empty), remove bed linen and collect it in the linen bags provided, empty the (kitchen) cupboards, fridge and freezer, and place rubbish bags in the appropriate containers.
- In order to cover unexpected costs for repairs, extra cleaning and legal obligations, the following additional costs may be charged to the tenant:
- €75.00 for the loss of a badge or key;
- €75.00 for failure to sort waste and/or dispose of it in the designated containers (legal obligation);
- €75.00 for not leaving the barbecue tidy (obligation to cook on aluminium trays);
- €25.00 per dog per night (only in the designated areas and subject to prior request and permission from De Hoogmolen);
- €250.00 for smoking or vaping in the accommodation (requires deep cleaning to remove odours).
- Smoking and vaping in the accommodation is prohibited. Drugs and parties are not permitted on the estate or in the accommodation.
- In order to respect the peace and quiet of other guests on the estate and the neighbours, Belgian, Flemish and local regulations on night-time noise apply: no noise that could potentially cause disturbance (loud voices, music, machines and barking dogs) between 10 p.m. and 8 a.m.
- In the event of a violation of the rules included in these General Terms and Conditions (for the avoidance of doubt, including the references as specified in point 1) and/or failure to follow instructions from De Hoogmolen, De Hoogmolen has the right to immediately remove you, the tenant and any other user from the accommodation, without refunding the rent or any part thereof.
- If De Hoogmolen has serious grounds to suspect that the tenant of an accommodation is acting in violation of the law and/or public order and/or morality, De Hoogmolen is authorised to gain access to the accommodation. De Hoogmolen then has the right to immediately remove you, the tenant and any other user from the accommodation, without refunding the rent or part thereof.
USE OF ACCOMMODATION; INVENTORY
- The tenant/user and those accompanying the tenant are jointly and severally liable for the orderly conduct of affairs in and around the rented accommodation and for the use of the accommodation and the equipment present therein.
- In addition, the tenant/user and those accompanying the tenant are always jointly and severally liable for damage caused by breakage and/or loss and/or damage to inventory and/or accommodation. Any damage must be reported immediately by the tenant to De Hoogmolen and compensated at the first request of De Hoogmolen, unless the tenant can demonstrate that the damage was not caused by himself, other users or one of the members of his party.
- In view of the protection of the buildings and surrounding area of De Hoogmolen as both a monument and a village view due to its historical, industrial-archaeological and socio-cultural value, strict restrictions apply to prevent damage (including, among other things, the prohibition of nails, screws, pins, tape and the like in/on walls, stucco or historic woodwork, or to hang or climb on them; as well as rearranging furniture). In the event of damage to historic elements, compensation will be calculated on the basis of the actual restoration costs as estimated by specialists in the restoration of listed monuments and buildings of historical value.
INTERNET USE
- De Hoogmolen offers the tenant/user and those accompanying the tenant access to the internet via a WiFi network.
- The tenant is responsible for the correct use of the internet as well as the necessary hardware and software, configuration, peripheral equipment and connections to support it, and measures to secure the computer or operating system.
- De Hoogmolen is not liable for damage resulting from the use of the internet/WiFi network or from network malfunctions.
- The tenant/user and those accompanying the tenant must behave when using the internet/WiFi network as may be expected of a responsible and careful internet user, and must respect the legal rules and refrain from behaviour that causes nuisance to other internet users or causes damage to De Hoogmolen in the broadest sense of the word. The tenant/user and those accompanying the tenant shall refrain from visiting websites that are unlawful or that are not in keeping with De Hoogmolen's reputation as a provider of accommodation.
DEPOSIT
- De Hoogmolen may require you to pay a deposit at the start of your stay. The deposit shall not exceed the total amount of your booking. If circumstances so require (e.g. large groups) , De Hoogmolen may increase the required deposit.
- The deposit serves as security for damage and/or costs - in the broadest sense of the word - that De Hoogmolen may suffer in the event of non-compliance with the obligations of the tenant/user and those accompanying the tenant.
- In the event that the deposit is not paid on time, De Hoogmolen is entitled to deny the tenant and/or other users access to and use of the accommodation.
- If you fail to pay the deposit, De Hoogmolen is also entitled to terminate (cancel) the agreement with immediate effect.
- The deposit, or any remainder thereof, will be refunded to the tenant and/or users after settlement of any claims (damage to inventory/accommodation and/or other costs) by De Hoogmolen. Any (further) claims for compensation will not be nullified by this refund.
CANCELLATION COSTS
- The total costs for cancellation up to and including 23:59 CET on the day exactly sixty (60) days before the day of arrival are 50% of the total amount of the booking. The total costs for cancellations after 23:59 CET on the sixtieth (60th) day before the day of arrival up to and including 23:59 CET on the day exactly thirty (30) days before the day of arrival are 75% of the total amount of the booking. For cancellations from 00:00 CET on the thirtieth (30th) day before the day of arrival or later, the cancellation fee is the full total amount of the booking. For bookings made through Airbnb, please refer to the applicable guidelines. For bookings made through Booking.com, please refer to the applicable guidelines.
- If you have not arrived at the accommodation within 24 hours of the agreed date without further notice, this will be considered a cancellation. In that case, you will owe the full total amount.
FORCE MAJEURE AND CHANGES
- In the event that De Hoogmolen is unable, temporarily or otherwise, to perform the agreement in whole or in part due to force majeure, De Hoogmolen may, within 14 days of becoming aware of the impossibility of performing the agreement, submit a proposal for change (for other accommodation/other period, etc.). De Hoogmolen is permitted to suspend the fulfilment of its obligations if circumstances beyond its control arise. De Hoogmolen will in no case be obliged to compensate any damage or costs.
- Force majeure on the part of De Hoogmolen exists if De Hoogmolen is prevented, in whole or in part, temporarily or otherwise, from performing the agreement due to circumstances beyond De Hoogmolen's control (including, but not limited to, sanitary blockages, power failures, fire, floods and other disruptions or events).
LIABILITY
- De Hoogmolen accepts no liability for theft, loss or damage to property or persons of any kind during or as a result of the rental/use of the accommodation and/or other facilities of De Hoogmolen.
- De Hoogmolen is not liable for disruptions in the services provided by third parties or defects in the services provided by third parties (including, but not limited to, suppliers recommended by De Hoogmolen to the tenant, such as caterers and event planners).
- You/the tenant and every user are jointly and severally liable for all loss and/or damage to the rented accommodation and/or other property of De Hoogmolen arising during its use by you and/or other users, regardless of whether this is the result of acts or omissions on your part and/or on the part of third parties who are in the accommodation with your permission.
- You/the tenant indemnify De Hoogmolen against all claims relating to damage caused to third parties as a result of any act or omission on your part, on the part of other users, your travel companions or third parties who are present in the accommodation with your permission.
- In the event of improper use or improper condition of the accommodation, including but not limited to excessive soiling, additional costs will be charged, which you are then obliged to pay upon first request.
APPLICABLE LAW
- The agreement between you and De Hoogmolen is governed exclusively by Belgian law. Only the courts of the judicial district in which De Hoogmolen has its registered office are competent to hear any dispute that may arise between De Hoogmolen on the one hand and the tenant and/or users on the other.
PRIVACY
- All data you provide to us will be processed in accordance with the applicable legislation. The database is used for our guest administration. This data may also be used to provide targeted information and offers about our and related products and services.
- At your request, we will correct, supplement, delete or block your data if, for example, the data is factually incorrect. You have the right to request us to inform you whether personal data relating to you is being processed.
GENERAL
- De Hoogmolen will send its correspondence digitally, unless this proves impossible. Obvious printing and typesetting errors are not binding on De Hoogmolen.
- These General Terms and Conditions supersede all previous publications of general terms and conditions.
- These Dutch General Terms and Conditions are exclusively legally binding. The English version is for understanding purposes only and has no binding force. In the event of any dispute or difference of interpretation, the Dutch text shall prevail.
