General terms & conditions
GENERAL TERMS AND CONDITIONS FOR HOMEY SALES
Definitions
Accommodation(s)
Account
Agreement
Client
Force Majeure
Guest
Homey
Order (Booking)
Party/Parties
Service(s)
Terms
Total Fee
1. ACCOUNT REGISTRATION
1.1. The Client must register an account (‘HOMEY Account’) to access and use certain features of the HOMEY website, such as placing Orders.
1.2. The Client must provide accurate, current and complete information during the registration process and keep its HOMEY Account profile page information up-to-date at all times.
1.3. The Client is responsible for maintaining the confidentiality and security of its HOMEY Account credentials and may not disclose its credentials to any third party. The Client shall immediately notify HOMEY in case there is any reason to suspect that its credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of its HOMEY Account. The Client is liable for any and all activities conducted through its HOMEY Account, unless such activities are not authorized by the Client and the Client is not otherwise negligent (such as failing to report the unauthorized use or loss of its credentials).
2. ORDERS AND CANCELLATIONS
2.1. Subject to meeting any requirements (such as creating a HOMEY Account) set by HOMEY, the Client can place an Order by following the respective booking process.
2.2. Only an order confirmation by HOMEY commits HOMEY. In absence thereof, HOMEY will in no respect be committed to the Client and/or its Guests, and HOMEY will have the right to consider the Order as non-existent and to release all Accommodations earmarked by the Client and/or make them available to third parties.
2.3. Performance of the services ordered shall be in accordance with this Agreement and the general terms and conditions set out in the order form and/or the invoices and excluding the Client's own terms and conditions, even if they have been subsequently communicated. Any amendments or additions to this Agreement can only be made in writing and must be accepted by both Parties.
2.4. Any cancellation of the Order must be made in writing or by email (sales@homey.be) . This is only valid subject to written acceptance by HOMEY. In the event of cancellation, the Client shall be liable for a lump sum cancellation fee which, save where there is evidence of greater losses caused to HOMEY, will be calculated as follows.
· From the confirmation of the Order up to 3 months before the check-in date, 25% of the total amount will be charged.
· Between 3 months and 2 months before the check-in date, 50% of the total amount will be charged.
· Between 2 months and 10 days before the check-in date, 75% of the total amount will be charged.
· Within 9 days before the check-in date, 100% of the total amount will be charged.
2.5. In the event of "no-show" (when the Client or Guest does not turn up), the Accommodations will be charged to the Client, and such charge may be deducted from a guarantee where given.
2.6. Unless otherwise expressly agreed, our quotations are only valid for 14 days.
3. DESCRIPTION OF THE ACCOMMODATIONS/SERVICES TO BE SUPPLIED
3.1. The Accommodations/Services are supplied as stipulated in the Order form.
3.2. The Client must, upon placing an Order, submit to HOMEY as a minimum:
· the occupancy (number of Guests);
· the name(s) of the Guest(s) concerned;
· clear description and quantity of additional Services required.
3.3. In order to allow HOMEY to provide maximum service, all additional Services should preferably be notified beforehand on the order form and signed by the Client.
When additional requests are made by the Client after placing an Order, only those specific requests, for which HOMEY gives its explicit agreement in writing, will become part of this Agreement and constitute obligations to HOMEY.x
4. PRICE
4.1. All applicable fees, including the Accommodation price, fees for additional Services and any applicable taxes (collectively, “Total Fee”) will be presented to the Client prior to placing an Order. The Client agrees to pay the Total Fee for any Order requested. HOMEY reserves the right to adapt the Total Fee if it considers it necessary to adapt it to the evolution of its fixed and/or variable costs as a result of changes in their structure. Any price review will be made in accordance with the legally allowed standards. In that event, the new Total Fee will apply as stated on the front of the invoice.
4.2. The parties expressly agree, in observance of the provision of Article 8 of the Income Tax Code (‘Wetboek op inkomstenbelasting’) that the portion of the property, which is used for business purposes, represents 100% of the total rent.
4.3. The price excludes VAT.
5. CHECK-IN / CHECK-OUT OF ACCOMMODATIONS
5.1. Check-in will be possible from 15:00 hours on the arrival date. If the Client/Guest arrives before this time, HOMEY will make best endeavours, but without obligation, to make the Accommodations available, but without any requirement to do so.
5.2. The official check-out time is 10:00 hours. In the event of late check-out, an additional cost price will be payable. Moreover, the possibility of renewal will always depend on the availability of the Accommodations and cannot in any way be guaranteed.
5.3. If the Client decides to terminate the booking prematurely, and, or if the Client/Guest decides to leave the Accommodations before the expiry of the booked departure date, HOMEY is entitled to charge in full for the remaining scheduled/booked days and/or nights, including the reserved additional Services, at the contractually agreed rate.
6. CONTROL AND LIABILITIES
6.1. HOMEY is only liable in the event of willful misconduct or gross negligence.
6.2. The Client must see to it that its Guests are obliged to behave properly and that the Accommodation is handled in a responsible manner. In the event of damage, nuisance or theft, HOMEY can charge the Client damages.
6.3. The Client/its Guests are hereby prohibited from using the areas at their disposal for any form of extremism, any activities contrary to human rights or anything which directly or indirectly could have a negative impact on normal business activities and the values of HOMEY, or which could disturb other clients or guests.
6.4. The Client shall, in the event of damage/nuisance, compensate for this damage, even if it is caused by the Guests of the Client.
6.5. In any event, HOMEY may never, in any way, be held liable in the event of theft, loss or damage to goods kept by the Client or its Guests in the Accommodations, nor for bodily damage caused to the Client and/or the Guests.
6.6. The Client/its Guests (i) are responsible for leaving an Accommodation (and related property) in the condition it was in when they arrived, (ii) are responsible for paying all damage claim amounts necessary to cover damage that they, their invitee(s), or their pet(s) cause to an Accommodation, and (iii) must act as careful, prudent and responsible persons, respecting the law at all times.
6.7. To the maximum extent permitted by applicable law, the Client agrees to release, indemnify, and hold HOMEY harmless from and against any claims, losses, and expenses, arising out of or in any way connected with (i) the Client’s breach of this Agreement, (ii) the Client’s improper use of the Accommodations or Services, or (iii) the Client’s breach of any laws, regulations or third party rights.
6.8. Any complaints about services or performance provided must be notified to HOMEY in writing within five days of the service delivery, failing which any rights in that regard will expire.
7. PAYMENT
7.1. The Total Fee and the price for additional Services is invoiced monthly by Homey to the Client. The invoices are payable within 30 days from the date of invoice to the account number specified in the invoices.
7.2. In the case of (partial) non-payment or late payment, the price shall be increased by law and without the requirement for any notice of default, with a compensation of 10%, with a minimum of EUR 50,00, which corresponds to the loss that HOMEY will undergo as a result and together with the administrative costs incurred in this respect, excluding court costs. Moreover, as a matter of law and without the requirement for any notice of default, delayed payment interest is payable.
7.3. Without prejudice to what is stipulated in § 6.8, in the event of dispute, the invoice must be challenged with reasoned grounds, by registered letter within five days of receipt, failing which, any rights in that regard will lapse.
7.4. HOMEY reserves the right at all times to request one or more staggered advance payments, the size of which will be fixed by HOMEY and payable by the Client within 14 days after confirmation of the Order, unless otherwise agreed. In the absence of punctual payment of such advance(s), HOMEY has the right to cancel the Order itself at the cost of the Client. In that event, a cancellation fee will be charged to the Client in accordance with § 2.4.
7.5. The billing address as stated in the Order form is binding for the invoice. Any changes to the billing address must be notified to HOMEY promptly in writing by the Client.
8. SUSPENSION AND RESCISSION
8.1. In the event of non-payment by the due date, default, for whatever reason, or in the case of non-compliance with even one contractual obligation, HOMEY reserves the right to:
· either - unilaterally suspend the performance of all pending/confirmed Orders or reservations of Services, and this after prior notice of default, to which no or no constructive follow-up was provided within the eight days, and without the Client being able to claim compensation, but without prejudice to HOMEY's right to claim compensation,
· or - unilaterally rescind the Agreement, without prior judicial authorisation and after prior notice of default to which no or no constructive follow-up was provided within the eight days, without prejudice to HOMEY's right to claim compensation. In that case the Client will be liable to pay HOMEY compensation equating to 50% of the amounts which would have been owed by the Client if the Agreement had not been rescinded.
8.2. If HOMEY finds that it cannot deliver the Accommodations as reserved by the Client and which were accepted by HOMEY for the scheduled times, HOMEY must make the Client aware of this situation as soon as possible. In that event, HOMEY will only be obliged to do its utmost to provide to the Client Accommodations of a similar type and quality, whereby HOMEY will only be obliged to compensate the Client for any price difference, with explicit exclusion of any other compensation or cost of any kind.
9. FIRE PREVENTION AND SAFETY PROCEDURES
9.1. Emergency exits must always remain free of obstructions and indications of their location must be left visible to anyone attending the function. Where explicitly stated, fire and emergency doors must be kept closed. Nothing may be attached to the panic closures, nor can items be placed behind the doors beforehand.
9.2. Stairways serving as an escape route must be kept free from obstructions.
9.3. It is prohibited to bring inflammable, explosive (e.g. fireworks) or hazardous liquids or products into the Accommodations, and to make adjustments to existing installations, materials, furniture or equipment thereof without prior written permission from HOMEY.
9.4. Electrical circuits shall not be overloaded.
9.5. Firefighting equipment must not be misused.
9.6. Smoking is prohibited in all Accommodations. The smoking ban must always be respected.
10. RATINGS AND REVIEWS
Within a certain timeframe after completing a stay, the Client/Guest can leave a public review and submit a rating about the Accommodation and the service. Ratings and reviews by the Client/Guest must be accurate.
11. INSURANCE
HOMEY is responsible for insuring the risks of fire and civil liability for the exploitation.
HOMEY shall not be held liable for damage to or theft of the personal belongings of Guests.
12. FORCE MAJEURE
In any case of Force Majeure or unforeseeable circumstances, HOMEY is released as a matter of law from any obligation whatsoever, without the other contracting Party being entitled to claim compensation.
If HOMEY is dependent on others for the fulfilment of its obligations, such as deliveries by a third party, these provisions are also applicable in the case of Force Majeure or unforeseeable circumstances with this third party when the performance of HOMEY’s obligations would be delayed or hindered as a result.
The following situations, inter alia, are considered to be Force Majeure (non-exhaustive): acts of God, war, riots, embargoes, acts of civil or military authorities, accidents, material breakage, exceptional weather conditions, fire, floods, strikes, lockout, theft and exceptional traffic delays, terrorism, epidemics or disease, shortages of transportation facilities, fuel, energy, labor or materials.
13. NULLITY
13.1. The nullity of one or more clauses of the Agreement does not entail the nullity of the remainder of the Agreement.
13.2. The Parties undertake to replace the invalid clause(s) with a legally valid clause, or clauses, which will correspond to the original intention of the Parties and the spirit of the Agreement or will be as close as possible to it.
13.3. HOMEY’s failure to enforce any right or provision in this Agreement will not constitute a waiver of such right or provision unless acknowledged and agreed to by HOMEY in writing. Except as expressly set forth in this Agreement, the exercise by either Party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise permitted under law.
14. MISCELLANEOUS
14.1. The Client and Guest will have to allow stickers and/or signs (e.g. in case the Accommodation will be put for sale) to be affixed in the most visible places, as well as the free and complete viewing by the prospective tenants/buyers for no more than two times a week for two consecutive hours. The moment of this viewing is always to be determined by mutual agreement between HOMEY and the Guest.
14.2. Throughout the term of the Agreement, HOMEY or its representative will be allowed to visit the Accommodation to the extent it is reasonably necessary, always to be determined by mutual agreement between HOMEY and the Guest.
14.3. Unless specified otherwise, any notices or other communications permitted or required under this Agreement, will be provided electronically and given by HOMEY via email or via a notification via HOMEY’s website or messaging service.
15. DISPUTE RESOLUTION
15.1. In the event of dispute, only the Courts of Antwerp, Antwerp division, shall have exclusive jurisdiction.
15.2. All costs relating to recovery by judicial means, shall be borne by the Client.
15.3. Belgian law shall always exclusively apply.
16. PRIVACY
We refer you to our privacy statement on our website.