Conditions générales
Terms and Conditions
These general terms and conditions apply to all services performed by Ter Elst nv (KBO 0415.320.148) (hereinafter: Hotel Ter Elst), unless expressly deviated from in a specific written agreement. By placing a reservation or requesting a quote from Hotel Ter Elst, the customer acknowledges that he has taken note of these general terms and conditions and accepts their applicability without any reservation, with the exclusion of his own general terms and conditions.
Version 2022
Reservations
Hotel Ter Elst has three types of reservations: 1) only meeting room ('Room reservation'), 2) only hotel room ('Hotel room') and 3) meeting room and associated services and/or products ('Event'). These associated services and products include catering, technical services, technical equipment, personnel, service fees , etc. Reservations must always be accepted by Hotel Ter Elst. As soon as the customer signs a quote from Hotel ter Elst and delivers it to Hotel Ter Elst, the Parties are bound by its content (prices, services and products, dates, duration, numbers, etc.), insofar as the quote was delivered to Hotel Ter Elst in time. .
Hotel Ter Elst will always act to the best of its ability and always try to perform the ordered services in accordance with the expectations of the customer.
Change and/or cancellation of reservations
Once the Parties are bound by a reservation, a cancellation or change is only possible under the following modalities, unless expressly agreed otherwise in writing:
A Room reservation can be canceled free of charge more than 30 days in advance. In case of cancellation less than 30 days in advance, 100% of the room price will be charged.
An Event can be canceled free of charge more than 30 days in advance, except for any costs already incurred by Hotel Ter Elst. In case of cancellation less than 30 days but more than 15 days in advance, 100% of the room price will be charged and 50% of the associated services and products, plus any costs already incurred by Hotel Ter Elst. In case of cancellation less than 15 days in advance, 100% of the room price will be charged and 100% of the associated services and products.
A Hotel room can be canceled free of charge up to 30 days before the planned arrival date (before 12 noon). In case of cancellation less than 30 days but more than 15 days in advance, 50% of the room price will be charged. In case of cancellation less than 15 days in advance, 100% of the room price will be charged.
The number of people for an Event can be changed up to one week in advance, and only in writing. In case of change less than one week before the event, the initial number of persons will be charged as a minimum.
Reductions of a maximum of 25% compared to the proposed number from the quotation/reservation will be accepted, so that at least 75% of the initial quotation/reservation will always be invoiced. Reductions of more than 75% compared to the proposed number from the offer/reservation can be equated by Hotel Ter Elst with a cancellation, and the above-mentioned modalities will apply.
Unless the prior written agreement of Hotel Ter Elst, the number of participants can only be increased by a maximum of 10% of the initial number. Unless the maximum number of participants has already been reached when requesting a quote. Additional participants will be charged at the agreed rate.
If a change in the number of participants causes an extra cost for Hotel Ter Elst (eg a different room, extra staff, etc.), this cost can be passed on to the customer.
Cancellations and/changes must always be communicated in writing. This is done by email to Hotel Ter Elst at info@terelst.be . The customer can only invoke the cancellation if he has received an acknowledgment of receipt from Hotel Ter Elst as proof of the requested cancellation.
The Customer acknowledges that the above cancellation modalities are proportional and that strict compliance with them is necessary for Hotel Ter Elst for the proper organization of its services as well as those of third parties with which Hotel Ter Elst cooperates (keeping and organizing the rooms free, agreements with third parties, preparatory costs, hiring personnel, purchasing materials and products…).
Hotel Ter Elst reserves the right to request an advance on the offers/reservations. If the advance is not paid by the Customer within the period set by Hotel Ter Elst, Hotel Ter Elst reserves the right to cancel the reservation with immediate effect and without prior notice.
Payment
Hotel Ter Elst invoices its services the day after the performance or the day after the cancellation. The invoices are sent by email. If the customer wishes to pay on the day of the service, he must state this when making the reservation. The bill will then be presented to the hotel reception and the invoice will be sent later. If the customer wishes a PO number or other reference to be included on the invoice, the customer must provide this number/reference to Hotel Ter Elst before the start of the reservation.
Unless otherwise agreed, all bills or invoices from Hotel Ter Elst are payable within 14 days of the invoice date. Failing to comply, the invoice amount will be increased by 10% (with a minimum of € 125.00) by operation of law and without prior notice of default, and late payment interest of 8% per year will be due until the day of full payment. In addition, all costs (including legal costs) caused by customer default will be borne by the customer.
Complaints must be submitted in writing within 24 hours of the cause of the complaint. After this period, complaints are no longer valid and Hotel Ter Elst's performance is considered to have been definitively accepted. Complaints are no longer possible for the delivered food and drinks after consumption. Sending or issuing the VAT receipt to the customer does not constitute proof or presumption that the invoice has been paid by the customer. Neither does the non-signing of the bill.
Hotel Ter Elst does not pay commissions to intermediaries under any circumstances, unless expressly agreed in advance.
Force of the majority
In the event that Hotel Ter Elst is confronted with a situation of force majeure, the execution of its obligations will be automatically suspended as long as the situation of force majeure lasts. If this situation of force majeure lasts longer than 2 months, Hotel Ter Elst can declare the agreement dissolved, in which case it will be released from all its obligations. In that case, the customer cannot claim any compensation or reimbursement of amounts already paid.
Force majeure for Hotel Ter Elst includes all circumstances that are not attributable to an error on the part of Hotel Ter Elst and that make the performance of Hotel Ter Elst 's obligations impossible, seriously impede, seriously delay or make it at least 7% more expensive. including but not limited to fire, machine breakdown, accidents, strikes or lockouts, exceptional traffic disruption, exceptional weather conditions such as storms, snow and floods, increases in taxes, government measures, inflation, epidemic, riot or war, errors of, delays, price increases or force majeure at suppliers of goods or services. The incalculable and unavoidable nature of the aforementioned circumstances is always deemed to have been acquired.
Measures imposed by the government can only be regarded by the customer as force majeure if the planned activity is prohibited as a result, not if the customer's activity is (seriously) made more difficult as a result.
General
The customer is not permitted to consume his own catering at Hotel Ter Elst unless expressly agreed in writing. Where appropriate, stop money and/or cover money will be charged.
Hotel Ter Elst processes the personal data of its customers for customer management and direct marketing. If the person concerned does not want to receive messages about future promotions, he can object to this free of charge. The data can be communicated to processors who work on behalf of Hotel Ter Elst. Every data subject has the right to request access to and rectification or deletion of personal data or to request restriction of their processing. To exercise these rights, you can contact Hotel Ter Elst via info@terelst.be . At the Commission for the protection of privacy (1000 BRUSSELS, Boulevard Waterloo 115) a public register is kept of the automated processing of personal data. If you would like additional information about the way in which Hotel Ter Elst processes data, you can consult this register.
The full privacy policy of Hotel Ter Elst can be read on the website www.terelst.be .
If, due to unforeseen circumstances, some of the agreed foods and drinks cannot be delivered, Ter Elst reserves the right to adjust the menu with equivalent foods or drinks, without this giving rise to a price reduction or compensation.
The customer expressly declares to waive the shortened limitation periods provided for in art. 2271 of the Civil Code, insofar as this article applies to the services provided.
Damage that was caused intentionally or unintentionally to goods, installations or infrastructure of Hotel Ter Elst, is jointly and severally the responsibility of the person who caused it and the person who reserved the event.
The customer must comply with and is responsible for administrative obligations for the event that he is organizing, such as requesting permission from the government, SABAM, fair compensation (only applicable for dance, except wedding party, etc.). The customer will fully indemnify Hotel Ter Elst against any claim that might be made against Hotel Ter Elst due to the customer's failure to comply with any obligation.
Hotel Ter Elst cannot be held liable, except in the case of intent or gross negligence, for any loss or damage of any kind which may be wholly or partly the result of an attributable error or negligence in the performance of the services provided. The liability of Hotel Ter Elst is in any case limited to the amount charged by Hotel Ter Elst for the part of the performance to which the alleged liability relates.
Under no circumstances can Hotel Ter Elst be held liable for damage to or theft of equipment belonging to customers or third parties.
Without prejudice to the foregoing, Hotel Ter Elst has the right to suspend the performance of its services if one of its statements or invoices is not paid on time and this until full payment of the outstanding amounts.
Hotel Ter Elst can terminate any agreement without notice of default or judicial intervention with immediate effect if the customer, eight (8) calendar days after the sending of a registered notice of default, does not fulfill one or more of his obligations towards Hotel Ter Elst, not properly or not fully. complies with or acts contrary thereto.
Hotel Ter Elst also has the right to terminate the agreement with immediate effect without notice of default or judicial intervention if the customer has been declared bankrupt, has ceased payments, has requested or obtained a postponement of payment from one or more of its creditors, or has lost free control over his assets. In that case, the customer is not entitled to compensation.
The nullity, invalidity, unenforceability or unenforceability of (a) provision(s) shall in no way result in the nullity, invalidity or unenforceability of the remaining provisions. In the event of nullity, invalidity, unenforceability or unenforceability of any provision(s), the parties will be deemed to have agreed upon a provision in accordance with applicable law and the provision in question will be amended accordingly and automatically.
Any agreement entered into with Hotel Ter Elst is subject to Belgian law. All disputes fall under the exclusive jurisdiction of the justice of the peace or the court that has jurisdiction in the district of the seat of Hotel Ter Elst .
