Important notice: Should the general terms and conditions be made available in a language other than Dutch, this shall be done only as a service to the customer or guest. In case of doubt about the interpretation, only the Dutch text shall apply.

0 Contents

1 Definitions

2 Applicability

3 Conclusion of agreements

4 Right of option

5 General rights of the company

6 General obligations of the guest and liability of the guest/or customer

7 Reservations

8 Cancellations

9 Deposit and interim payment

10 Liability of the company

11 Settlement and payment

12 Force majeure

13 Lost property

14 General Data Protection Regulation (GDPR)

15 Applicable law and disputes

1 Definitions

In these general terms and conditions, and in the offers and agreements to which they apply, the following words shall in each case mean the following:

1.1 The company: the company BOUW VKG NV and the commercial names under which it acts as Castelnou Aparthotel, Gent Zuid Business Flats, Astrid Park Business Flats and Dali Restaurant. This is a non-exhaustive list.

1.2 Provision of services: The provision by the Company of accommodation and/or food and/or drink and/or the provision of (meeting) space and/or business flat accommodation, all with all related activities and services, and all in the broadest sense of the word.

1.3 Client: The natural or legal person or company that has entered into an agreement with the company.

1.4 Guest: The natural person(s) to whom one or more service(s) is to be provided on the basis of an agreement concluded with the Customer. Wherever reference is made to guest or customer, both guest and customer are meant, unless it necessarily follows from the contents of the provision and its purport that only one of the two can be meant.

1.5 Agreement: an agreement between the Company and a Customer regarding one or more services to be provided by the Company at a price to be paid by the Customer. Instead of the term, the term reservation is sometimes used.

1.6 Reservation value: The value of the agreement, which is equal to the total turnover expectation of the company including any tourist tax and V.A.T. in respect of an agreement concluded with a customer, which expectation is based on the averages applicable within that company.

1.7 No-show: The non-use, without cancellation, by a guest of a service to be provided on the basis of the agreement.

1.8 Group: A group of 10 or more guests or with 5 or more rooms to whom services are to be provided by the Company under one or more agreements to be considered connected. The company may, before the first service is to be provided to the customer under the relevant agreement, declare that it will consider certain individuals together as a group. Such individuals shall then be subject to all provisions for groups.

1.9 Cancellation: The communication in written form by the customer to the company that one or more agreed services will not be used in whole or in part, or the communication in written form by the company to the customer that one or more agreed services will not be provided in whole or in part.

1.10 Should the general terms and conditions be made available in a language other than Dutch, this shall be done only as a service to the customer or guest. In case of doubt about the interpretation, only the Dutch text shall apply.

2 Applicability

2.1 These general terms and conditions apply to all agreements concluded by the company and apply to both consumers and businesses. These terms and conditions are mentioned on the website www.castelnou.be and are referred to on issued documents. By this fact, they have been brought to the attention of customers and guests and all third parties in a sufficient manner, who accept all clauses of them, except when expressly agreed otherwise. The customers, guests and third parties agree that the present terms and conditions, irrespective of renewed written confirmation, apply to all future transactions, and more specifically to agreements concluded verbally, by telephone, by e-mail or any other electronic means.

2.2 Conditions deviating from these terms and conditions which have not been expressly accepted by the company in writing in advance shall have no legal force vis-à-vis the company, even if they are not expressly disputed.

2.3 The invalidity of one or more clauses in these general terms and conditions shall not affect the validity of all other clauses. Should a clause in these general terms and conditions prove to be invalid for any reason, the parties shall be deemed to have agreed on a valid replacement clause that approaches the invalid clause as closely as possible in scope and purport.

3 Conclusion of agreements

3.1 The Company may at any time refuse to conclude an agreement for any reason, unless such refusal takes place exclusively on one or more grounds defined as discrimination in the law.

3.2 Offers made by the company are non-binding, unless expressly agreed otherwise. Any offer may be withdrawn by the company until the knowledge of the written acceptance by the customer, guest or intermediary and automatically expires 10 days from date, unless another period is indicated on the offer. The Company shall not consider the reservation confirmed until the customer, guest or intermediary has returned the final confirmation form, signed for agreement.

3.3 The customer, guest or intermediary must pay the requested deposit by the predetermined date. Each booking commits the customer, guest or intermediary, but only commits the Company definitively after written confirmation from us and payment of the requested deposit. After written confirmation by the Company and payment of the requested deposit, a booking may only be changed or cancelled in accordance with the provisions of Article 8, unless the parties expressly agree in writing.

3.4 A contract for a Guest entered into by intermediaries (travel agencies, Online Travel Agents and other companies, etc.), whether or not in the name of their client(s), shall be deemed to have been entered into also for the account and risk of these intermediaries. The company does not owe any commission, however named, to intermediaries, unless expressly agreed otherwise in writing. The guest(s) and the intermediary(s) shall be jointly and severally liable for payment of the amount due.

3.5 If the contract was concluded at a distance, there shall be no right of withdrawal. With regard consumers (within the meaning of Article I,1.2° of the Economic Law Code), the provisions of provision of Article VI.53, 12° of the Economic Code applies, so that they also do not have a right of withdrawal.

4 Right of option

4.1 A right of option is the right of a customer to unilaterally conclude the contract by simply accepting a valid offer from the company.

4.2 A right of option can only be granted in writing. A right of option can be agreed for a definite or indefinite period. The option right shall lapse if the option holder has indicated that he does not wish to exercise the option right or if the fixed term has expired without the option holder having indicated that he wishes to exercise the option right.

4.2 An option right cannot be revoked by the Company unless another potential customer makes the Company an offer to conclude an agreement regarding all or part of the services outstanding under the option. In such a case, the option holder must be informed of this offer by the company, after which the option holder must indicate whether or not he wishes to exercise the option right within a period to be set by the company. If the option holder does not give notice of his intention to exercise the option within the specified period, the option right shall lapse.

5 General rights of the company

5.1 The Company shall be entitled to terminate the provision of services to a Guest at any time without notice if the Guest violates the house rules and/or rules of conduct, or otherwise behaves in such a way that the order and peace of the Company and/or its normal operation are disturbed. The guest must then leave the company upon first request. If the Customer does not otherwise fully comply with all his obligations towards the Company on any grounds whatsoever, the Company shall be entitled to suspend the provision of services. The Company may only exercise these powers if the nature and seriousness of the breaches committed by the Guest give sufficient cause to do so in the reasonable opinion of the Company.

5.2 After consultation with the locally competent authority, the Company shall be entitled to dissolve the agreement extrajudicially due to a well-founded fear of disturbance of public order. If the company makes use of this right, it shall not be liable to pay any compensation to the customer.

5.3 The Company shall be entitled to require the Guest to accept other, equivalent accommodation regarding stays or (meeting) space and/or grounds than that which is to be provided according to the contract. The guest may refuse this alternative. In the latter case, the guest shall be entitled to immediately terminate the agreement to which the aforementioned request of the Company relates, without prejudice to his obligations under other agreements.

5.4 Before the first service under the relevant agreement is to be provided to the Customer, the Company may declare that it will consider certain individuals together as a group. All provisions for groups shall then apply to those individuals.

5.5 Except in the restaurant, the Company does not allow pets, with the exception of assistance dogs.

6 General obligations of the Guest and liability of the Guest/or Customer

6.1 The guest is obliged to comply with the house and conduct rules in force in the company and to follow the reasonable instructions of the company. The company shall post the house and conduct rules in a clearly visible place or provide them in writing. Reasonable instructions may be given verbally.

6.2 The guest is obliged to cooperate with reasonable requests made by the Company in the context of its legal duties regarding, among others, safety, identification, food safety/hygiene and limitation of nuisance.

6.3 Upon arrival at the hotel, the guest is obliged to present his identity card/travel pass in order to allow his registration on the police card which he must sign. The company is legally obliged to keep police records.

6.4 The Customer and the Guest and those accompanying them shall be jointly and severally liable for all damage caused and/or to be caused to the Company and/or any third party as a direct or indirect result of an attributable shortcoming and/or wrongful act, including violation of the house rules, committed by the Customer and/or the Guest and/or those accompanying them, as well as for all damage caused by any animal and/or property in their possession or under their control.

7 Reservations

7.1 The Company may attach conditions to reservations.

7.2 Reservation of services consisting of providing accommodation at Castelnou Aparthotel.

7.2.1 The Company may offer cancellable or non-cancellable reservations.

7.2.2 The customer, guest or intermediary is free to choose any of the options offered.

7.2.3 A cancellable reservation requires a credit card guarantee (unless expressly agreed otherwise in writing) equal to the reservation value. If the customer, guest or intermediary does not have a credit card or only a debit card, full pre-payment of the reservation value by bank transfer or any other means of payment offered online is required.

7.2.4 A Non-Cancellable Reservation is final and cannot be cancelled or changed, even in cases of force majeure. For such reservations, the reservation value must be paid in full in advance. No refund is possible.

7.3 Reservation of services consisting of the provision of dishes and/or drinks.

7.3.1 The final number of participants and menu choice must be given in writing no later than 7 calendar days in advance, failing which the ordered participants will be charged.

7.3.2 If an event lasts longer than the agreed time (possibly due to arrival after the scheduled time), the company may charge additional costs.

7.3.3 Any additional costs, for whatever reason, not initially foreseen at the time of booking shall be borne by those who have enjoyed them unless otherwise agreed.

7.3.4 If the guest has not arrived within half an hour after the reserved time, the Company may consider the reservation cancelled, without prejudice to the provisions of Clause 8.

7.4 Reservations relating to Business Flats accommodation do not constitute provision of lodging and are a sui generis form of accommodation subject to common law.

8 Cancellations

8.1 general

8.1.1 The client is entitled to cancel a contract on payment of the cancellation fee.

8.1.2 If a client does not arrive within half an hour after the agreed time, the client is deemed to have cancelled and is liable for the cancellation fee. If the customer still arrives after half an hour (or later) after the agreed time, the company can either invoke this due cancellation fee or still execute the agreement and demand full compliance from the customer regarding the agreement.

8.2 Cancellation by customers of a service consisting of providing accommodation at Castelnou Aparthotel

8.2.1 Individuals

Where a reservation for accommodation only, with or without breakfast, is made for one or more individuals, for cancellation of that reservation the following percentages of the reservation value to be paid by the customer to the company shall apply (unless otherwise agreed in writing):

For cancellation a non-cancellable reservation: 100% regardless of the cancellation date.

For cancellation a cancellable reservations:

- More than 48 hours before the effective date: 0%

- 48 hours or less before the effective date: the average value of the reservation concerned for one overnight stay

- Changes after arrival: only possible for reservations made directly with the company. Have an effect 2 calendar days after notification.

8.2.2 Groups

- More than 1 month before the effective date: €15 per room with a minimum of €50

- More than 14 days before the effective date: 50%

- 14 days or less before the arrival date: 100%.

- Changes after arrival: not possible

8.3 Cancellation by clients of a service consisting of the provision of food and/or beverages

8.3.1 Groups

If a reservation for only a service consisting of serving food and/or drink (table reservation) is made for a group then the following percentages of the Reservation Value apply to Cancellation which shall be paid to the Company by the Customer in case of Cancellation

- More than 14 days before the reserved time: 0%

- 14 days or less before reserved time: 25%

- 7 days or less before the reserved time: 50%

- 3 days or less before reserved time: 100%.

8.4 Cancellation by customers of a service regarding Business Flats accommodation

Cancellation or early termination of reservations is subject to 01 month's notice. If this period is not respected then 01 month's fee is due.

8.5 Cancellation by the company

8.5.1 Subject to the following, the company is entitled to cancel an agreement, unless otherwise agreed.

8.5.2 If the company cancels a service to provide food and/or beverages, Article 8.3.1 shall apply accordingly, with exchange of customer and company. 

8.5.3 If the company cancels an agreement referred to in Article 8.2, Articles 8.2.1 and 8.2.2 shall apply accordingly, with exchange of customer and company.

8.5.4 The company is at all times authorised to cancel an agreement without being obliged to pay the aforementioned amounts, if there are sufficient indications that the meeting to be held in the company on the basis of that agreement is of such a different nature than could be expected on the basis of an announcement by the customer or on the basis of the capacity of the customer or guests, that the company would not have concluded the agreement if it had been aware of the actual nature of the meeting. If the company exercises this right after the meeting in question has started, the customer is obliged to pay for the services rendered up to that time, but his obligation to pay for the rest lapses. The remuneration for services rendered shall be calculated on a time-proportional basis.

8.5.5 The company is entitled, instead of exercising its authority referred to in Article 8.5.4, to impose further requirements on the course of the meeting concerned. If there are sufficient indications that these requirements (will) not be met, the company shall still be entitled to exercise its authority referred to in Article 8.5.4.

9 Security deposit and interim payment

9.1 The company may require the customer to deposit a deposit under the company. Deposits received shall be properly administered, serve exclusively as security for the company and explicitly do not count as already realised turnover. As additional security for the company, the company may require the customer to cooperate in providing the necessary data, including making a printout or copy of the customer's credit card, in order to secure the deposit and the possibility of recovering it as much as possible.

9.2 The company may always require interim payment for services already rendered.

9.3 The company may recover from the amount deposited pursuant to the preceding provisions all that the client owes it on any account whatsoever. The surplus shall be repaid by the company to the customer without delay.

10 Liability of the company

10.1 Hotel custody is regulated by law by Articles 1952 and following of the (old) Civil Code.

10.2 The company shall not be liable insofar as the damage, destruction or larceny is due to: a)the guest or a person accompanying him, employed by him or visiting him; b)force majeure; c)theft committed by force of arms; d)the nature or defect of the property.

10.3 The guest's rights shall be extinguished if he does not give notice of the damage incurred immediately after its ascertainment, except when the damage is caused by the fault of the Company or of the persons providing its services.

10.4 The company shall not be responsible for damages if the damage is the result of an event which, despite the necessary precautions, made it impossible to avoid it, given the circumstances and the consequences (force majeure). Similarly, the company shall not be responsible for damages resulting from the fault, even partial, of the guest.

10.5 Concerning the parking of vehicles, the Company is released from any responsibility, from whatever cause.

11 Settlement and payment

11.1 The customer shall pay the price agreed in the contract. The prices are stated on lists displayed by the company in a place visible to the guest or included in a list handed over to the customer, if necessary at the latter's request, or accessible to the customer via digital sources. A list is deemed to be visibly affixed to the customer if it is visible in the normally accessible areas of the company.

11.2 For special services, such as use of garage, laundry or dry cleaning, telephone, etc., an additional fee will be charged by the company.

11.3 All bills, including bills relating to cancellation or no-show, are due by the customer at the time they are presented to him. The Customer must arrange for cash payment or payment by bank or other means of payment accepted by the Company, unless otherwise agreed.

11.4 The guest and the customer are jointly and severally liable for all amounts owed by one or both of them to the company on whatever account. Agreements shall be deemed to have been concluded jointly on behalf of each guest, unless otherwise agreed. By appearing, the guest indicates that the customer was authorised to represent him/her in concluding the relevant agreement.

11.5 As long as the Customer has not completely fulfilled all his obligations towards the Company, the Company shall be entitled to take possession of and retain all goods brought into the Company by the Customer, until the Customer has fulfilled all his obligations towards the Company to the satisfaction of the Company. In addition to a right of retention, the company shall have a lien on the goods in question, if applicable.

11.6 If other than cash payment has been agreed, all invoices, for whatever amount, shall be paid to the company by the customer within thirty days after the invoice date.

11.7 If and insofar as timely payment is not made, the Customer shall be in default without any notice of default being required. Only if the customer is a natural person (consumer), the company will send a notice of default with a deadline of at least 14 days for payment. If the customer is in default, he must reimburse the company for all costs related to collection.

11.8 If the amount due is not paid on the due date, interest on arrears will be charged, ipso jure and without notice of default, at a rate of 1% per month from the due date until the date of full payment. Furthermore, from the due date of the invoice, a fixed compensation of 15 % of the total invoice amount, with a minimum of € 50.00, shall be due ipso jure for overdue payments. If payment of a single invoice is not received by the due date, all invoices will become immediately payable by operation of law. Furthermore, the company will not be obliged to carry out further deliveries or services under any agreement before the past due invoices have been settled.

11.9 If the company has goods in its possession as referred to in article 11.5 and the customer from whom the company has received the goods in its possession is in default for three months, the company is entitled to sell these goods publicly or privately and to recover the proceeds. The costs associated with the sale shall also be borne by the customer and the company may recover these from the proceeds of the sale as well. Whatever remains after the company's recovery shall be paid to the customer.

11.10 Any payment shall, irrespective of any endorsement or comment made by the customer at the time of such payment, be deemed to reduce the customer's debt to the company in the following order: - The costs of execution - The judicial and extrajudicial collection costs - The interest - The damages - The principal sum

11.11 Payment shall be made in Euros. The Company does not accept foreign means of payment. If foreign means of payment are nevertheless used, the Company may charge an amount corresponding to a maximum of 15% of the amount offered in foreign currency by way of administration costs.

12 Force majeure

12.1 As force majeure for the company, which means that any failure caused thereby cannot be imputed to the company, shall be considered, any foreseeable or unforeseeable circumstance which interferes with the performance of the agreement by the company to such an extent that the performance of the agreement becomes impossible or difficult.

12.2 If one of the parties to an agreement is unable to fulfil any obligation under that agreement, it shall be obliged to notify the other party as soon as possible.

13 Found objects

13.1 Of objects, of which the entitled party has not reported to the company within one year after their return, the company shall acquire ownership.

13.2 If the Company sends any objects left behind by the Guest, this shall take place entirely at the expense and risk of the Guest. The Company shall never be obliged to forward them.

14 General Data Protection Regulation (GDPR)

Personal data mentioned on documents of the company are included in the files of the company and are intended for internal use, invoicing, customer management. The company will process the personal data of the customer - natural person in accordance with the Regulation (EU) 2016/679 of the European Parliament and the Council (General Data Protection Regulation) and the Act of 30 July 2018 on the protection of natural persons with regard to the processing of personal data (B.S. 5 September 2018). For any complaints relating to the processing of his personal data, the customer - natural person may address info@castelnou.be. To the extent that this does not lead to the desired result, the customer - natural person may address the Data Protection Authority (www.gegevensbeschermingsautoriteit.be).

15 Applicable law and disputes

15.1 Agreements are exclusively governed by Belgian law.

15.2 In the event of disputes between the company and a customer, the competent court in the place of residence of the company shall have exclusive jurisdiction, unless another court is competent by virtue of mandatory statutory provision and without prejudice to the company's authority to have the dispute settled by the court that would have jurisdiction in the absence of this clause. If the customer is a consumer within the meaning of Article I.1, 2° Economic Law Code, this provision does not affect the application of Article 624, 1°, 2° and 4° of the Judicial Code.

15.3 All customer claims shall lapse one year from the time they arise.