General rental terms

Article 1TERMINOLOGY

This translation is provided for information only. In the event of any discrepancy between language versions, the French version prevails.

In these general terms and conditions we use the following terms:

1. Intermediary: The company HOLIDAYS ARDENNES SPRL specialises in renting out holiday homes in the Ardennes. It offers seasonal accommodation to Clients on behalf of Owners. Its role consists of managing bookings, from the Client's first contact through to the refund of the deposit 15 days after the stay.

HOLIDAYS ARDENNES acts as the intermediary between holidaymakers and owners.

2. Owner : a natural or legal person who makes available the property which they own and which is the subject of the rental contract.

3. Client : the adult natural or legal person(s) wishing to stay in a property made available by HOLIDAYS ARDENNES, or the person(s) responsible, in his, her or their name, for signing the rental contract.

4. Rental contract : The contract by which the intermediary, acting as commission agent, undertakes in its own name and on behalf of the owner to provide the client with a stay in a holiday home

5. Working days : Monday to Friday, excluding public holidays

6. Office hours : Monday to Friday from 9.00 to 17.30, excluding public holidays

7. Arrival date : the 1st day of the stay

8. Departure date : the last day of the stay

9. Stay : arrival date and departure date inclusive

Article 2CONCLUSION OF THE RENTAL CONTRACT

2.1 Any booking implies acceptance of these general terms and conditions

2.2 The client sends HOLIDAYS ARDENNES a booking request by telephone, post, e-mail or via the website.

2.3. HOLIDAYS ARDENNES records this request and sends the client, by the same means, an order form describing the subject of the request and complying with Belgian legislation, to which a copy of these terms and conditions is attached.

2.4 Upon receipt of the order form signed by the client, HOLIDAYS ARDENNES decides whether to accept the request within 24 hours.

2.5 If the booking is accepted, the client then has 72 hours to confirm the booking and pay a deposit of 30 % into the account of HOLIDAYS ARDENNES.

If the deposit has not been received within this period, HOLIDAYS ARDENNES reserves the right to refuse the booking and to offer the stay to another Client.

2.6 Upon receipt of the deposit within the 72 hours, HOLIDAYS ARDENNES confirms the booking to the Client by post or electronically and informs the Client of the deadline for payment of the balance, namely 6 weeks before the arrival date. The rental contract takes effect as soon as this written confirmation has been sent to the client.

2.7 Provided that the booking request is made at least 10 full weeks before the arrival date, and only in that case, the client has the right to withdraw from the contract within a period of 14 days from the day following the booking request. This cancellation must be notified by registered letter. However, the booking fees are always payable by the client, and HOLIDAYS ARDENNES will only confirm the cancellation once they have been paid.

2.8 Upon receipt of the balance, HOLIDAYS ARDENNES contacts the Client to set out the arrangements for the stay (key handover, additional charges, etc.).

If the balance has not been received in time, the contract may be deemed terminated and the compensation provided for in article 7 will apply.

2.9 If the booking is refused, HOLIDAYS ARDENNES undertakes to explain the refusal to the Client and to refund any sums that may have been paid for the booking, but has no further obligation.

Article 3INFORMATION PROVIDED BY THE CLIENT

3.1 Before the contract is concluded, the client must provide the intermediary with all information concerning him or her personally and the other members of the group that has a bearing on the conclusion or performance of the contract. This includes in particular the nature or composition of the group, the number of adults and children and the presence of pets. Insufficient information provided by the client may have consequences for the performance of the contract. Either additional charges may be levied, under the conditions of article 6, or the contract may be terminated in accordance with article 8.1. Composition of the group means the number of people who use the house, by day or by night, including daytime visitors. The client must comply with the maximum number of people stated in the description of the house. Exceeding the overnight capacity is not permitted under any circumstances. If there are clear signs that the capacity has been exceeded, the owner has the right to check the building immediately for any breach.

3.2 No later than on arrival on site, the client must provide his or her bank details (account holder, address and account number, BIC and IBAN codes) for the refund of the security deposit.

3.3 If requested by a public authority, the occupants shall show their identity cards or passports so that their details can be recorded on the appropriate forms.

3.4 The client is responsible for any incorrect information he or she provides to HOLIDAYS ARDENNES.

Article 4INFORMATION FOR THE CLIENT

4.1. By means of the order form sent to the client, and at the latest before the contract is concluded, HOLIDAYS ARDENNES provides the client with the following information:

• The booking number, together with its date and time
• The name of the property, its location, its reference and a photograph
• The capacity of the property
• Arrival and departure date and time. Unless otherwise stated, arrival times are set between 14.00 and 18.00 on Fridays and Mondays, while departure times are set at 10.00 on Mondays and 16.00 on Sundays.
• The rental amount, the price of any options and supplements, the description of fees and charges, as well as the payment due dates and the reference to be stated on the transfer(s)
• Description of the accommodation
• The composition of the group, the minimum and maximum age of the tenants
• The amount of the security deposit payable before the day of arrival
• The full contact details of HOLIDAYS ARDENNES.

This information will also appear on the invoice.

4.2. HOLIDAYS ARDENNES will also provide information on taking out, and the content of, cancellation insurance and damage insurance for holiday homes. The client is free to decide whether or not to take out such insurance.

4.3. Further information will be sent to the client after payment of the total amount due, including, where applicable, the security deposit and the fees and charges payable before the day of arrival, and before the start date of the stay. In addition to the full address of the holiday home and directions, the client will then receive the voucher/stay ticket, certifying payment of the rental amount and stating the charges to be paid on site.

4.4. On arrival, the client must be in possession of the order form giving access to the building.

Article 5CHANGES REQUESTED BY THE CLIENT

5.1. Once a booking has been confirmed, any changes the client may request to the terms of the confirmation, for example the date of the stay or the property booked (…), give rise to charges payable by the client. These changes are considered booking transfers and must be requested no later than 8 weeks before the start of the stay. They must be justified, accepted by the intermediary and notified in writing. The resulting charge amounts to €30. The amount of the stay and the additional booking transfer charges must be paid in accordance with the terms set out in article 12.

5.2 HOLIDAYS ARDENNES must respond to any change request and make a decision as quickly as possible. If it cannot grant the client's request, the client may cancel the stay in writing, in accordance with and under the conditions set out in article 7, no later than five days after notification by HOLIDAYS ARDENNES.

5.3. Within the 8 weeks preceding the start of the stay, changes requested by the client are treated as cancellations, to which the conditions of article 7 apply.

5.4 The assignment by the client of his or her rental right to a third party is also considered a booking transfer. The transferee must meet the same contractual conditions as the assigning party. The rules and conditions set out in the three preceding paragraphs apply. The assigning party and the transferee are jointly and severally liable for payment of the total rental amount and the booking transfer charges.

5.5. The client may not claim any refund if he or she shortens the stay.

Article 6CHANGES IMPOSED BY THE INTERMEDIARY

6.1. HOLIDAYS ARDENNES has the right to refuse a booking without giving reasons.

6.2. HOLIDAYS ARDENNES has the right to change the destination of the stay (= holiday home) owing to special circumstances. Special circumstances means events that may prevent the provision of essential elements set out in the rental contract. If the cause of the change is attributable to the client, the amount of the loss will be charged to the client. If the change falls within the responsibility of the owner or of HOLIDAYS ARDENNES, the amount of the loss will be borne by them in accordance with the provisions and conditions of the third and fourth paragraphs of this article. If the change falls within the responsibility of neither the owner, the client nor HOLIDAYS ARDENNES, each party will bear its own loss.

6.3. Where the change does not fall within the client's responsibility, HOLIDAYS ARDENNES must offer a stay of at least equivalent quality to that covered by the contract. Equivalent quality is assessed according to various criteria such as the location and setting of the accommodation, its level of comfort and the facilities offered in the property. The composition of the group and the wishes expressed in writing by the client will also be taken into account. If the proposed property is more expensive, HOLIDAYS ARDENNES will bear the price difference;

The client may refuse the proposed arrangement within 2 days. If the client accepts, a new contract will be drawn up. Otherwise, the contract is terminated automatically and the client may claim a full refund of the amounts paid, but without any compensation whatsoever.

6.4. If, as a result of special circumstances arising during the stay, a change not falling within the client's responsibility has to be made, the intermediary has 2 working days (48 hours) to inform the client and offer an equivalent alternative solution, with no price increase if the property is of higher quality and with a refund of the price difference if the property is of lower quality. If HOLIDAYS ARDENNES is unable to offer an equivalent alternative solution or if the client does not accept that solution, HOLIDAYS ARDENNES will be obliged to terminate the contract and refund the client part of the price of the stay, calculated pro rata to the remaining days rented and not occupied. Additional compensation may also be calculated according to the loss suffered by the client if no alternative solution has been offered within the 48-hour period referred to above. This compensation may not exceed 30% of the rental price.

The right to additional compensation does not apply in cases of force majeure.

Article 7CANCELLATION BY THE CLIENT

7.1. The client has the right to withdraw from the contract strictly within the limits and conditions of article 2.7.

7.2. Once the period referred to in article 2.7 has expired, the client may still cancel the contract at any time, exclusively by registered letter, but will nevertheless be liable for the booking fees (€30), any cancellation insurance premiums and holiday home damage insurance premiums, as well as the cancellation charges. Cancellation or termination charges are calculated as follows:

• For a cancellation from the 71st to the 43rd day before the date of the stay: 30 % of the rental amount (deposit).
• For a cancellation from the 42nd to the 30th day before the date of the stay: 50 % of the rental amount.
• For a cancellation from the 29th to the 3rd day before the date of the stay: 90 % of the rental amount.
• For a cancellation from 2 days before the date of the stay: 100 % of the rental amount

7.3. The cancellation takes effect on the working day on which HOLIDAYS ARDENNES becomes aware of the client's written notice, as evidenced by the postmark, provided that it becomes aware of it during office hours. Otherwise, it takes effect on the next working day.

7.4. The client is free to take out cancellation insurance with the insurer of his or her choice

Article 8CANCELLATION BY HOLIDAYS ARDENNES

8.1. HOLIDAYS ARDENNES reserves the right to suspend or cancel the contract before the start date of the stay without paying any compensation whatsoever if the client has not fulfilled his or her obligations to pay for the stay or has provided incorrect information. The client is then also liable for the cancellation charges. HOLIDAYS ARDENNES also reserves the right to terminate the rental contract during the stay if the client seriously breaches his or her obligations as set out in article 9.

8.2 If, as a result of special circumstances arising during the stay, a cancellation not falling within the client's responsibility has to be made, the intermediary has 2 working days (48 hours) to inform the client and offer an equivalent alternative solution, with no price increase if the property is of higher quality and with a refund of the price difference if the property is of lower quality. If HOLIDAYS ARDENNES is unable to offer an equivalent alternative solution or if the client does not accept that solution, HOLIDAYS ARDENNES will be obliged to terminate the contract and refund the client part of the price of the stay, calculated pro rata to the remaining days rented and not occupied. Additional compensation may also be calculated according to the loss suffered by the client if no alternative solution has been offered within the 48-hour period referred to above. This compensation may not exceed 30% of the rental amount.

The right to additional compensation does not apply in cases of force majeure.

Article 9OBLIGATIONS AND LIABILITY OF THE CLIENT

9.1 The client certifies the accuracy of the information provided to HOLIDAYS ARDENNES.

9.2. A person who concludes a contract in the name of or for the benefit of a third party is jointly and severally liable for all obligations arising from the contract. Accordingly, that person is legally responsible for the actions of the other members of the group, including any damage and loss caused by them.

9.3. The client must respect the dwelling, its neighbourhood and its surroundings, including with regard to noise. The client shall use the house with the care of a prudent and reasonable person, in accordance with the instructions given by HOLIDAYS ARDENNES or the owner on site, which form an integral part of the contract. In particular, the client shall comply with the house rules (R.O.I.) and any smoking ban, shall not drive vehicles on the lawns and shall not put up tents or any other additional temporary accommodation. The client undertakes to cover his or her liability for tenant's risks such as glass breakage, fire and water damage.

9.4. A client whose behaviour causes or could cause such disturbance as to jeopardise the proper performance or continuation of the rental contract can expect HOLIDAYS ARDENNES or the owner to take appropriate measures. The costs resulting from an interruption of the rental are then borne by the client, provided that the disturbance and nuisance can be attributed to any one of the occupants. Any compensation for the client is excluded in that case.

9.5. The client must immediately inform the owner of any damage or loss caused to the rented building or its contents. The repairs and replacements resulting from such an event shall be immediately reimbursed by the client to the owner. The client is liable for any damage and/or loss caused by him or her, by any occupant or by any visitor, even if it is discovered after departure. For this purpose, HOLIDAYS ARDENNES or the owner will send the client an invoice payable no later than within 30 days of the invoice date. If an invoice is not paid by its due date, HOLIDAYS ARDENNES will send the client a formal notice by letter / e-mail to the client's address. If invoices are not paid by their due date, damages of ten (10) % of the invoice amount, with a minimum of €100, shall be due automatically and without prior formal notice. In addition, late-payment interest of eight (8) % per annum shall be due from the invoice date until the day of full payment. The amount of the security deposit paid by the client to the owner or to HOLIDAYS ARDENNES and not refunded to the client after deduction of any other fees and charges shall be deducted from the sum due.

9.6. The client must respect the arrival and departure times set out in the rental contract. Any difficulties shall be communicated to HOLIDAYS ARDENNES or the owner as soon as possible so that arrangements can be made and another arrival time agreed. If the client stays beyond the departure time, HOLIDAYS ARDENNES is entitled to demand payment for an additional day's rental.

9 .7. The client must not exceed the number of people that a rented building can accommodate. If this number is exceeded, the owner or HOLIDAYS ARDENNES is entitled to refuse access to the building or to evict its occupants, without the client being able to claim compensation.

9.8. The owner is also entitled to refuse access to the building without compensation if the client is accompanied by one or more pets and is thereby in breach of the specific information on access restrictions or prohibitions given either in the description of the house or in the voucher. Some owners accept one or more dogs, with or without a cleaning fee. However, the presence of a pet must in all cases be the subject of a specific prior request to HOLIDAYS ARDENNES, duly accepted in writing.

9.9. The amount of the security deposit and when it is payable are stated both in the description of the house and on the stay ticket. Unless otherwise agreed, this amount is handed to the owner when the keys are handed over. If the security deposit is not paid (in full), for whatever reason, the owner or HOLIDAYS ARDENNES is entitled to refuse access to the building without the client being able to claim any compensation whatsoever. The rental contract is then deemed terminated on the start date of the stay, through the fault of the client.

9.10. Also payable when the keys are handed over are water, energy and other on-site charges set as a flat rate (e.g. heating charges per day, tourist taxes, refuse collection, cleaning, etc.) and not calculated pro rata according to consumption meter readings. Charges calculated pro rata according to consumption meter readings (e.g. heating oil charged per litre consumed), or resulting from damage and loss, are payable on departure. They may be deducted from the security deposit if it is returned at a date later than the day of departure.

9.11. The client must return the building and its contents tidy and in a good state of cleanliness, even if additional cleaning is provided by the owner. In particular, the house must be swept, the dishes must be washed and put away and any furniture that has been moved must be returned to its original position. The owner is entitled to claim specific compensation if cleaning and tidying the premises takes longer than usual.

9.12. Particular care must be taken of the bedding. Unless otherwise agreed, the client must bring and use his or her own covers and bed linen so as to protect the pillows, duvets, blankets and mattresses provided by the owner. If this bedding turns out to be soiled, the owner reserves the right to make a deduction from the security deposit for additional cleaning costs.

9.13 The client must inform HOLIDAYS ARDENNES if he or she finds that the property does not correspond to the information provided or to the standards of articles 73 to 78 of the Decree of 18 December 2003.

Article 10OBLIGATIONS AND RESPONSIBILITIES OF HOLIDAYS ARDENNES

10.1. A rental offer appearing in one of HOLIDAYS ARDENNES' publications is only valid subject to the availability of the properties offered. HOLIDAYS ARDENNES may at any time decide to withdraw an offer temporarily or permanently.

10.2. HOLIDAYS ARDENNES is responsible for the proper performance of the agreement, both by itself and by its agents acting within the scope of their duties. In particular, it must provide the client with the general and important information referred to in article 4.1, the keys to the property, the exact address and access map, as well as useful information concerning, for example, the sorting and collection of household waste and the emergency telephone number, and it must also guarantee that this information is correct, that it has obtained the owner's consent, that the client will have access to the rented property and that the property corresponds to the description given of it, the photographs, however, being purely for information purposes and not forming part of the contract.

10.3. HOLIDAYS ARDENNES cannot be held liable in the following cases:

• a failure occurs through the fault of the client,
• the failure is due to force majeure or to the act of a third party, including the owner.

10.4 If, following a failure, the liability of HOLIDAYS ARDENNES is invoked, such liability will be limited or excluded within the meaning of Belgian legislation.

10.5. Neither HOLIDAYS ARDENNES nor the owner is liable for any loss, theft, damage, injury or omission caused to or by clients and/or occupants during their stay.

10.6. Any agreement or consent given by HOLIDAYS ARDENNES must be confirmed in writing, failing which it shall be deemed not to exist.

10.7. In all cases where HOLIDAYS ARDENNES is liable, the compensation it may owe for any loss whatsoever suffered, direct or indirect, may not exceed the rental amount.

Article 11RENTAL AMOUNT

11.1 The published rental amount is per property and per stay. An administration fee is added to this amount, set at €30 per booking, regardless of the length of the stay, the number of participants and the property rented.

11.2 The compulsory charges are also stated: cleaning, electricity, water, gas, tourist tax. These are a flat rate based on use with the care of a prudent and reasonable person.

This flat rate does not cover electric vehicles, swimming pool installations or any other equipment not listed on the property's presentation page. If consumption is excessive, the extra cost will be invoiced. All prices displayed include all taxes. They are provided in good faith and HOLIDAYS ARDENNES cannot be held bound by obvious errors or omissions.

11.3 A security deposit is also required for each property; it will be refunded in full or in part 14 days after the departure date.

11.4 Additional options, such as bed linen hire, will be specified and paid for separately.

Article 12PAYMENT TERMS

12.1 The client pays the deposit of 30% of the total amount within 72 hours of confirmation of the booking. The full balance of the amount and the security deposit must be paid no later than 6 weeks before the start date of the stay.

12.2 For last-minute bookings: payment in full must be made within 24h and proof of payment sent to HOLIDAYS ARDENNES within the same period.

12.3 If the total amount due and/or the security deposit is not paid within 3 days of the payment reminder sent to the client, the contract is terminated through the fault of the client, the booking is deemed null and void and the compensation referred to in article 7.2 will be due.

12.4 Payment must be made to the account number stated on the order form or via online payment (bank charges payable by the client).

If the client does not comply: a payment reminder and an obligation to pay within 3 days, failing which the contract is terminated

12.5 The security deposit will be refunded within 14 days of the end of the rental, less any damage, costs or losses that may have been caused.

If no agreement can be reached between the owner, the intermediary and the client on the amounts to be returned, the client must bring proceedings before the competent Justice of the Peace exclusively against the owner, and the owner exclusively against the client, HOLIDAYS ARDENNES not being a party to this dispute and undertaking to pay to the person entitled the amounts determined by the Justice of the Peace up to the amount of the security deposit paid, without being liable for any costs, compensation or interest whatsoever for the delay in refunding the security deposit caused by this dispute.

Article 13COMPLAINTS

13.1. HOLIDAYS ARDENNES carefully selects its offer and inspects its quality. The descriptions of the holiday homes in HOLIDAYS ARDENNES' publications are written in good faith and contain both objective and subjective elements. The intermediary is not bound by any obvious clerical errors in the prices and descriptions of the properties. As far as possible, HOLIDAYS ARDENNES keeps all its databases relating to its offer up to date. Should a client nevertheless express dissatisfaction, HOLIDAYS ARDENNES will do its best to handle the complaint fairly and efficiently.

13.2. A complaint arising before the performance of the contract must be communicated immediately to HOLIDAYS ARDENNES by registered letter or by e-mail.

13.3. A failure noted during the performance of the contract (in particular the non-conformity of the property or its contents) must be reported to the owner immediately, and at the latest within 24 hours (failing which the right to complain is forfeited), so that arrangements can be made immediately on an amicable basis or evidence of the failure can be established. If the complaint cannot be resolved with the owner at that time, the client must contact HOLIDAYS ARDENNES within 48 hours at the latest in order to find a solution to the problem.

13.4. Failing an adequate solution, the client shall complete on site, together with the owner, a complaint form provided by the owner. The document, drawn up in duplicate, shall be co-signed by the client and the owner. The client must deliver a copy of this document to HOLIDAYS ARDENNES by hand or by post no later than 15 days after the end of the stay.

13.5 If the complaint was not made during the stay, it must, on pain of forfeiture, be submitted within two working days of the end of the stay by registered letter or by e-mail. HOLIDAYS ARDENNES undertakes to respond within 72 hours and to seek a solution with the owner. If no amicable settlement has been reached between the client, the owner and the intermediary within four months of the end of the stay, the client and/or the owner may bring proceedings against each other before the competent Justice of the Peace, HOLIDAYS ARDENNES being fully discharged from any liability.

Article 14PRIVACY PROTECTION

14.1. In order to meet the wishes of current and potential clients, HOLIDAYS ARDENNES analyses their needs. The client is entitled to publish his or her review on the website. HOLIDAYS ARDENNES nevertheless reserves the right to delete inappropriate comments or to suspend them while any dispute is resolved. The client also agrees that HOLIDAYS ARDENNES may contact the owner to obtain the owner's opinion of the client and that this opinion may be published on the website.

14.2 In accordance with the national and European legal provisions on mail-order and distance selling to which it subscribes, the commercial information collected must nevertheless be consistent with the legitimate protection of clients' privacy. Clients are also entitled to be informed of the use made of the data concerning them. They also have the right to rectification and to object.

Article 15DISPUTE RESOLUTION

15.1 If any provision of these rental terms is held to be null and void or inapplicable, that provision shall be replaced by a legal provision that is as close as possible to the original provision. The other provisions of the rental terms shall not be affected.

15.2. The contract is governed by Belgian law. Any dispute that may arise from this agreement shall fall within the exclusive jurisdiction of the courts of Luxembourg, Marche-en-Famenne division