BareFoodGIULIA hereinafter also referred to as "the hotelier" provides hotel services, organizes events for individuals and companies, and sells decorative items and art objects.
When applying these general terms and conditions of sale, the term "contractor" means the physical or legal person who concludes a contract for hotel reservation or other catering services. The term “customer” means the physical person(s) who intend(s) to complete a hotel stay, order(s) the organization of an event or wish(es) to purchase items.
These general terms and conditions are always an integral and unquestionable part of every agreement in writing between the contracting party and BareFoodGIULIA, regardless of whether the agreement was concluded by letter, fax or e-mail.
All quotations and prices are not legally binding for BareFoodGIULIA and are only communicated as information and can therefore never entail any commitment. Failure to respect the specified prices can therefore not give rise to payment of compensation by BareFoodGIULIA.
3.1 Confirmation of hotel services
- The hotelier requests a full or partial advance payment on the written reservation, insofar as this reservation is made more than 5 working days before the arrival date, in accordance with the booking or reservation conditions agreed in writing.
- The reservation is only definitive if the reservation, signed by the contractor for approval, is in the possession of BareFoodGIULIA, and confirmed in writing to the client by BareFoodGIULIA. Any requested advances and/or guarantees must also be paid.
- If the reservation is made less than 5 working days before the date of arrival, the contractor must provide his or her credit card details in full and correctly in writing with a handwritten statement that the hotelier may - in the event of cancellation or no show - debit the credit card with the amount provided for in the cancellation terms or a compensation for breach of contract.
- The signatory of the contract, the reservation, or the order guarantees by signing that he or she is authorized to do so. Changes and additions are only valid if they have been signed in writing by both parties or confirmed by both parties via e-mail.
- A telephone reservation for a hotel stay that has been accepted by BareFoodGIULIA is only valid until 5 pm, only if it concerns a reservation for the same day and the necessary credit card details have not been communicated in writing.
- In the event of a delay with regard to the agreed arrival time, the client is obliged to inform BareFoodGIULIA in advance and to state his or her exact arrival time, otherwise this will automatically cause BareFoodGIULIA to terminate the hotel contract, with the right to compensation to the advantage of BareFoodGIULIA.
3.2 Hotel contract
- As hotel owner, BareFoodGIULIA is obliged to provide accommodation and the usual, related services to the contractor. By this is meant the normal services of the hotel according to its category, including the halls and the various communal establishments, which are generally made available to customers. The contractor is obliged to pay the agreed price. No form is prescribed for the contract. The contract is concluded from the acceptance by the contractor of an offer from BareFoodGIULIA. Acceptance of the offer is apparent from, among others, the payment of the advance or the invoice or from a guarantee with a credit card. In the case of a written contract, BareFoodGIULIA must state the arrival and departure date of the client or contractor together with the agreed price and the description of the services requested.
- The customer who accepts and uses a room without reservation is automatically a contractor and is also bound by these conditions.
- If a certain number of nights is reserved by a customer, the start and end date must be stated in the hotel contract.
- The contract is terminated on the day following the arrival of the customer and this at the latest at 10 am if no contract for more than one day has been requested and accepted.
- BareFoodGIULIA has the right to request a minimum number of overnight stays during busy periods (such as, without aiming at an exhaustive list, school holidays, summer months, etc.) and may change this if it deems this necessary (excluding contracts that have been concluded otherwise).
- If BareFoodGIULIA is unable to perform the contract, it is obliged to offer the customer another accommodation of an equivalent or higher quality or category. Any price difference arising from this will be borne by BareFoodGIULIA.
- BareFoodGIULIA can never be held liable for the compensation of any indirect damage suffered by the customer or third parties.
- The customer is required to show his or her identity card upon arrival at the hotel in order to allow his or her registration on the police file that he or she must sign.
3.3 Reservation and booking of events
(parties, receptions, networking moments, theme evenings, birthdays, baby showers, etc.)
- The reservation must be confirmed in writing by BareFoodGIULIA on the basis of an offer.
- An advance must be paid for events in accordance with the provisions of the offer presented by BareFoodGIULIA.
4. Advances and guarantees
- BareFoodGIULIA is permitted to request an advance and/or guarantee from the contracting party. If the requested advances and/or guarantees have not been paid within the stipulated period, the contract will be legally terminated, without prior notice of default, at the expense of the client.
- The contractor agrees that any costs incurred may be recovered from him/her.
5. Changes to reservations and cancellation
5.1 Events and use of rental spaces
- Cancellations or changes to reservations must be made in writing and addressed to the registered office of BareFoodGIULIA. Cancellation without costs is possible up to a minimum of three months before the event or stay.
- For cancellations that reach us later, advances already paid by the contractor are deducted as compensation. You can cancel up to 14 days before the event or stay at the latest.
- In the event of cancellation within the last 14 days before the event or stay, the full quotation amount must be paid.
5.2 Hotel cancellations and breaches
- Unless specified otherwise in the hotel contract, the following cancellation conditions apply: If canceled more than 3 months before the arrival date, no costs will be charged.
- If canceled more than 2 months before the arrival dat, 15% of the reservation value is for the client's account.
- If canceled more than 1 month before arrival, 35% of the reservation value is for the client's account.
- If canceled more than 7 days before arrival, 85% of the reservation value is for the client's account.
- In case of cancellation 7 days or less before arrival, 100% of the reservation is for the client's account.
- No show & earlier departure date: 100% of the reservation value is for the client's account.
- Any serious or repeated breach of contractual obligations (eg non-payment of a hotel bill within the foreseen period) gives BareFoodGIULIA the right to immediately terminate the contract without prior notice, without prejudice to the right to compensation for the benefit of the hotelier. The same right applies if the customer repeatedly causes excessive nuisance (physical or verbal violence, drunkenness, night noise, vandalism, behavior that disrupts the stay of other customers, etc.).
- In the case of serious and proven (in particular via the presentation of a doctor's certificate) reasons (illness, accident, death of the client or his life companion, parents, children, brother or sister), the day that has commenced will be charged at most.
- In cases for which the hotelier is neither responsible nor liable or if no evidence can be submitted for serious and proven reason, the customer pays 100% the day entered and half of the remaining reserved period in proportion to the price stated in the reservation.
- Advances as provided in the confirmation letter must be paid immediately to the hotelier in accordance with the provisions of the confirmation letter. In the absence of payment, the hotelier has the right to cancel the hotel reservation without prior notice.
- In the event of cancellation by the hotelier for reasons other than force majeure, unforeseen circumstances, staff shortages or technical problems, the hotelier has the choice to provide equivalent accommodation or to repay the compensation already paid to the contractor.
6. Extra costs
All meals, drinks or other services served or provided during events that are not mentioned in the agreement will be charged by BareFoodGIULIA to the contracting party, unless BareFoodGIULIA was informed in writing that these costs had to be settled individually with the participants.
Events and hotel services
The contractor will insure BareFoodGIULIA against any claim for compensation from third parties in case this damage was caused by one or more participant(s) of his or her event.
The contractor is also liable for any damage caused to the hotel or its staff, by the participant(s) of his or her event or by hotel guests.
The customer who uses the services and the contractor who contracted these services are jointly and severally liable vis-à-vis BareFoodGIULIA for any damage caused by him or her to persons, the building, furniture or equipment of the hotel and the places accessible to the public.
BareFoodGIULIA is not liable, nor should BareFoodGIULIA pay for compensation if the damage is due to the guest himself or herself or the person accompanying him or her, visiting him or her or employed by him or her. Likewise, BareFoodGIULIA is not responsible for the damage arising from the error, even in part, caused by the contractor.
Nor can BareFoodGIULIA be held liable in the event of all acts of force majeure, including, but not limited to, accidents, strikes, lock-outs, armed robbery, revolts, war, lack of means of transport, fire and breakage of machines, non-appearance of half or more of the employees. In the event of force majeure, BareFoodGIULIA reserves the right to suspend the execution period, without such suspension having any influence on BareFoodGIULIA's rights.
The contractor is also bound to use his or her safe for his valuables if it is available in his or her room.
The Civil Code (Law July 4, 1972, BG August 19, 1972) regulates the hotel deposit or safe keeping, the articles of which are reproduced below: Article 1952: BareFoodGIULIA is liable as custodian for damage, destruction or theft of items that a guest, who has moved into the hotel and stays there, brings to the hotel. The safekeeping of those matters must be regarded as a safekeeping out of necessity. The items that are brought along are:
- The ones who are in the hotel during the time that the guest has a sleeping place available.
- Those when BareFoodGIULIA or a person who provides his or her services outside the hotel under the supervision of BareFoodGIULIA during the time that the guest has a place to sleep there.
- Those when BareFoodGIULIA or a person who provides his or her services within or outside the hotel under the supervision of BareFoodGIULIA during a reasonable period before or after the time that the guest has a sleeping place available.
The liability referred to in this article is limited per claim to 100 times the accommodation price per day of the sleeping accommodation. The King may determine the details for determining that price, where appropriate. The Royal Decree of 24 June 1973 (Belgian Official Gazette of 14 August 1973) stipulates that the daily rate for room rental (to which Article 1952 (3) refers) includes the amount of the overnight rate, as published by the hotelier plus a percentage (which is potentially provided for) for the services offered.
Article 1953: The liability of the hotelier is unlimited:
- When the goods have been deposited in the hands of the hotelier or of persons who provide him with his or her services
- If he has refused to take goods into custody in respect of which he is obliged to safekeep.
- If the damage, destruction or theft of the goods referred to in Article 1952 is the result of fault on the part of himself or of persons who provide him with their services.
The hotelier is obliged to keep securities, money or valuables in custody. He may only refuse the detention thereof if they are dangerous or if they, considering the size of the hotel and the circumstances, have an excessive commercial value or cause nuisance. He may require that the object entrusted to him be stored in a closed or sealed package.
Article 1954: The hotelier is not liable insofar as the damage, destruction or theft is due to:
- The guest or person who accompanies him or her, is employed by him or her or visits him or her.
- Force majeure.
- Theft committed by force.
- The nature or defect of the case
Article 1954bis: The rights of the guest are null and void if he does not give notice of this immediately after the damage suffered has been established, except when the damage was caused by the fault of the hotelier or of the persons who provide him with their services.
Article 1954ter: Any statement or clause whereby BareFoodGIULIA's liability for the harmful event is excluded or limited is void. Article 1954quater: Articles 1952, 1953 and 1954bis do not apply to vehicles, nor to items that belong to their cargo and have been left on site, nor to live animals.
8. Purchase-sale and payment of consumer goods
- The goods offered for sale by BareFoodGIULIA remain the property of BareFoodGIULIA until full payment of the principal, costs and interest.
- Payment of these goods must be made in cash, unless an agreement has been concluded with possibly other payment conditions.
- The buyer must check the delivered goods as soon as possible after receipt and report any visible defects, under penalty of forfeiture, to BareFoodGIULIA by registered letter no later than five days after this date. Taking the goods into use and/or reselling them implies approval and acceptance thereof.
- Disputes about hidden defects in the goods sold must be made, under penalty of forfeiture, by registered letter within eight days after purchase, or invoice date and in any case before each resale.
9. Payment of hotel bills and events
9.1 Hotel bills
- The hotel bills are immediately payable in cash upon submission and must be settled before the contractor's departure, unless otherwise specified in the contract in advance.
- For stays of 10 days and more, a hotel bill is made every 7 days and must be paid within 24 hours; the deposit or advance will be settled (deducted) at the end of the stay.
- Hotel bills of invitees can be merged with the hotel bill of the contractor, but remain considered unpaid bills until payment of these has been realized.
- In the event of a refusal of payment by the client, BareFoodGIULIA has the right to immediately terminate the hotel contract, to deny the client access to his room and to exercise the right of retention.
- In the event of a partial challenge to the hotel bill, the undisputed part must also be paid in cash.
- BareFoodGIULIA is not obliged to accept checks, dividends, credit cards or other deferred payment receipts and the payment must be done in euros (€).
- Vouchers and/or gift certificates issued by BareFoodGIULIA are only valid when they are paid in full. These vouchers and/or gift certificates are valid for 1 year from the date of payment.
- After 1 year 50% of this expires and the remaining 50% can still be used for 1 year.
- After 2 years, gift vouchers and/or gift certificates are no longer valid. Advances are subject to the same provisions mentioned above.
9.2 Invoices outside the hotel bills
- e.g. for events and invoices for hotel bills of groups (provided that an agreement has been concluded with BareFoodGIULIA in advance):
- BareFoodGIULIA invoices are payable in cash at our address, without discount, within 14 days of the invoice date.
- Protesting an invoice is only possible in writing within 7 days after the invoice date.
- In the event that the invoice is not paid on the due date, the amount of the invoice will be increased, by operation of law and without prior notice, on the one hand with a lump sum compensation amounting to 10% of the invoice amount, with a minimum of € 125, and on the other hand with delay interest of 1.5% per month and this from the invoice date until the date of full settlement of the invoice.
- Any bill that is the subject of a price reduction, a refund or a commission, authorized by BareFoodGIULIA, expires in case of non-payment of the invoice on the due date.
In the event of a dispute, only the courts of Hasselt have jurisdiction.
Belgian law applies, to the exclusion of private international law.