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General terms and conditions

Article 1 - General

In these General Rental Conditions, the following definitions shall apply:

General Rental Conditions: the present General Rental Conditions.
Reservation: the Rental Agreement entered into in writing by the Tenant and Landlord, which specifies the period and conditions for which the Rental Agreement has been agreed.
Reservation request: the non-binding request from a third party to rent accommodation.
Tenant: a natural or legal person who concludes a Lease Agreement with Landlord in respect of an Accommodation.
BTFL LIVING: the trade name of the private limited company BTFL LIVING N.V., with registered office  2930 Brasschaat (B), Augustijnslei 52, with company number BE 0480.715.172, which acts as an intermediary in the conclusion of the Lease Agreement between Tenant and Landlord and which also acts - as the case may be - as an authorised representative of the Landlord.
Landlord: the landlord of the Accommodations as mentioned in the Reservation.
Rental Agreement: the agreement relating to the rental of accommodation concluded between the Tenant and the Landlord through the mediation of BTFL LIVING.
Accommodations: the accommodation offered for rental by BTFL LIVING on behalf of the Lessor through the Website.
Website: the website, as well as any (other) country extensions such as .nl, .be and .eu.

  1. These General Rental Conditions apply to all offers made by BTFL LIVING - whether through the Website or otherwise - as well as to Reservation Requests, Reservations and Rental Agreements.
  2. The effect of the general (purchase) conditions of the Tenant is expressly excluded.
  3. Deviation from these General Rental Conditions may only be made in writing.
  4. In the event that one or more provisions of these General Rental Conditions are found to be invalid, the Agreement and/or the General Rental Conditions shall otherwise remain in force.
  5. The terms referred to in paragraph 1 shall have the same meaning in the singular as in the plural and vice versa. Where in these General Rental Conditions words and/or terms are written in the masculine form, the feminine form may also be read.

Article 2 - Information, offer, prices and costs

  1. The content of the Website is created and maintained with the utmost care. However, BTFL LIVING cannot guarantee that the content and information on the Website is always accurate, complete and up-to-date. BTFL LIVING therefore accepts no liability for any inaccuracies. No rights can be derived from the information presented on the Website.
  2. BTFL LIVING cannot be held to a Reservation or any quotation if it contains an obvious clerical error or mistake.
  3. Price discounts and/or special offers can no longer be used once the confirmation of the Reservation has been sent by BTFL LIVING.
  4. BTFL LIVING has the right to implement and set off price increases due to interim adjustments of statutory regulations or provisions (including - but not limited to - sales tax, tourist tax, etc.) over which BTFL LIVING has no control.
  5. In addition to the rent, the tenant also owes charges for additional services (if applicable) and sales tax.
  6. The tourist tax contribution is set by the local authority of the location of the Accommodations. Tenant shall at all times owe the established and applicable rate of tourist tax.

Article 3 - Reservation request

  1. BTFL LIVING only accepts applications from persons aged 21 or over.
  2. BTFL LIVING reserves the right to refuse Reservation Requests or to impose special conditions on them without giving reasons.

Article 4 - Conclusion of the rental agreement

  1. The Rental Agreement is concluded between the Renter and the Landlord at the moment a Reservation request is confirmed in writing by BTFL LIVING and the Renter does not notify BTFL LIVING in writing immediately after the confirmation of the Reservation that he wishes to cancel the Reservation.
  2. A Rental Agreement is entered into through mediation by BTFL LIVING. The agreement concerns rental of the Accommodations, which by its nature is of short duration.
  3. Confirmation of a Reservation by BTFL LIVING will always take place as soon as possible, but no later than five working days after the submission of the Reservation request, failing which no Lease Agreement will be established.
  4. Tenant must check the Reservation for accuracy immediately after receiving it. Any inaccuracies should be immediately communicated to BTFL LIVING.

Article 5 - Exclusion of right of withdrawal

1.Reservations that comply with the provisions of Article 4.1 are legally final. The 14-day right of withdrawal is otherwise expressly not applicable to the Rental Agreement or Reservation.

Article 6 - Content and changes Reservation

  1. The Tenant bears the risk of misunderstandings regarding the content and execution of the Reservation if these are caused by specifications and other communications made by or on behalf of the Renter that have not been received correctly, on time and/or are incomplete.
  2. If, after the conclusion of the Lease, the Tenant wishes to make changes to the Reservation, BTFL LIVING is not obliged to comply with them. It is always at the discretion of BTFL LIVING whether - and to what extent - those changes (can) be accepted.

Article 7 - Cancellation

  1. Without prejudice to the provisions of Article 4.1, a Renter shall not be liable for a cancellation fee until 5 days before the day of arrival. In case of cancellation from 5 days before arrival or later, the full rental fee is due.
  2. If the Tenant does not arrive within 9 hours of the agreed arrival date and time without further notice, this will be considered a cancellation. In that case, the Tenant shall owe the full total amount.
  3. A request to cancel the Reservation must be made in writing to BTFL LIVING.

Article 8 - Payments and deposit

  1. The landlord has authorised BTFL LIVING to collect the rent, deposit and additional charges on its behalf.
  2. Tenant must pay the full rent plus additional costs 5 days before arrival.
  3. If, upon arrival at the Accommodation, it appears that the amount due has not yet been paid (in full) by the Renter, BTFL LIVING may (temporarily) deny the Renter the use of the Accommodation.
  4. BTFL LIVING has the right to cancel the Reservation and release the Accommodation, without further notice to Renter, for rental to third parties if the full rental fee plus additional costs is not paid 5 days before arrival.
  5. Tenant shall pay a deposit of €250 to BTFL LIVING before being allowed to occupy the Accommodation. The deposit is paid to BTFL LIVING at the same time as the rental. The deposit will be blocked via pre-authorisation on the credit card, if this is not possible, the deposit should be transferred by Tenant to the account of BTFL Living NV, IBAN: BE84 3631 2842 0259, BIC: BBRUBEBB. If no damage has been caused to the Accommodation, the deposit will be refunded to Tenant no later than 7 days after the end of the rental period.
  6. In case of non-timely and/or incomplete payment of any amount due, Tenant shall be in default by operation of law, without further notice of default being required. Statutory commercial interest is due on expiry of any payment period.
  7. The Tenant is not allowed to invoke any discount, set-off or suspension.
  8. All (extrajudicial) costs to obtain payment shall be borne by the Tenant. The compensation of the extrajudicial costs amounts to 15% of the (remainder of the) amount due with a minimum of € 150.

Article 9 - Arrival and departure

  1. The dates and times of arrival and departure are included in the Reservation.
  2. If the use of the Accommodation commences later and/or is terminated earlier than on the agreed dates/dates as stated in the Reservation, the Hirer is not entitled to a refund of (part of) the rent and/or costs.
  3. Tenant must notify BTFL Living within one hour of arrival if items are broken or not functioning. If the tenant has not formulated any comments, the rented property is considered fully in order and in good working order.

Article 10 - Tenant's obligations

  1. Tenant shall comply with the rules set by BTFL LIVING, Landlord, the local manager and/or local authorities.
  2. Insofar as there are housekeeping regulations in the Accommodation, the Hirer must comply with the provisions of these regulations without exception.
  3. BTFL LIVING has the right to immediately remove Renter and his travelling companions from the Accommodation if rules referred to in paragraphs 1 and 2 of this article are violated and/or instructions from authorised third parties are not followed. In that case, the tenant is not entitled to a refund of (part of) the rent.
  4. If BTFL LIVING seriously suspects that Tenant is acting in violation of the Law and/or public order and/or morality and/or the General Conditions of Rent, BTFL LIVING or the manager of the Accommodation is authorised to gain access to the Accommodation.
  5. In accordance with local regulations, Renter and his travelling companions are required to identify themselves upon arrival. If they cannot show proof of identity, BTFL LIVING cannot or may not accommodate them in the Accommodation.
  6. Tenant allows necessary maintenance to take place on the Accommodation during the rental period. The need for maintenance is at the discretion of BTFL LIVING.
  7. The Tenant shall use the Accommodation exclusively as a holiday or other short-term residence.
  8. The Tenant shall be deemed to accept the Accommodation in the condition and with the inventory contained therein in accordance with the inventory list upon occupying the Accommodation, unless the Tenant has protested to BTFL LIVING or the manager of the Accommodation within four hours of occupying the Accommodation.
  9. Overnight stays in the Accommodation are allowed up to the number of persons stated in the Reservation. Only the persons named in the Reservation are entitled to stay in the Accommodation.
  10. Tenant is obliged to treat the Accommodation and its inventory with care. Tenant will leave the Accommodation in orderly condition upon departure. Any damage caused to the Accommodation by or on behalf of the Tenant or his travelling companions must be reported by the Renter to BTFL LIVING or another designated third party before his departure and will have to be compensated immediately.
  11. Tenant is obliged to properly lock the Accommodation at all times when absent. All damages resulting from Tenant's breach of this obligation shall be charged to Tenant by BTFL LIVING.
  12. Tenant is responsible for the correct and lawful use of the internet available in the Accommodation, as well as for the necessary hardware and software, configuration, peripherals and connections to support it and measures to secure computer or operating system. BTFL LIVING shall not be liable for any damages resulting from the use of the internet or from network failures.
  13. In principle, pets are not allowed. In consultation with BTFL LIVING, this may be deviated from. If Tenant wishes to bring pets, he must indicate this directly at the time of Reservation.
  14. The Tenant is not allowed to sublet the Accommodation or otherwise give it in use or make it available to third parties.
  15. Smoking is not permitted in the Accommodation.

Article 11 - Complaints

  1. All complaints relating to (the use of) the Accommodation must be reported by the Renter immediately to BTFL LIVING or the manager of the Accommodation.
  2. Should a complaint not (or not able to be) dealt with satisfactorily, the Renter has until no later than one month after departure from the Accommodation to submit the complaint in writing to BTFL LIVING. The complaint will then be handled with utmost care. Should this also fail to lead to a satisfactory solution, the Hirer has until three months at the latest after leaving the Accommodation to submit the complaint to the competent court, on pain of forfeiting this right.

Article 12 - Force Majeure

  1. In the event that the Landlord is unable to fulfil all or part of the Reservation due to force majeure, it will - within 7 days of becoming aware of the impossibility of fulfilling the contract - present the Tenant with a modification proposal (for other accommodation, other period, etc.).
  2. The Tenant is entitled to reject the change proposal within 14 days of receiving this change proposal. In this case, the Landlord has the right to cancel the Reservation with immediate effect. The tenant will then be entitled to remission and/or restitution of (the already paid part of) the rent and additional costs.
  3. The landlord shall never be liable for damages in the event of force majeure.

Article 13 - Termination

  1. Landlord shall be entitled to terminate the Rental Agreement with immediate effect and demand the immediate eviction of the Accommodation if Tenant acts in breach of the provisions of these General Conditions of Lease, seriously neglects his duty of care for the Accommodation, if he has more or other persons and/or animals in the Accommodation
  2. than permitted according to the Reservation, if he causes damage to the Accommodation, if he causes a nuisance or otherwise fails to fulfil his obligations as a good tenant.
  3. The Landlord shall at all times have the right to terminate the Rental Agreement with immediate effect if, when booking, personal details are incomplete and/or incorrect.
  4. In cases as mentioned in paragraphs 1 and 2 of this article, the Tenant shall not be entitled to a refund of (part of) the rent and the Tenant shall be obliged to compensate the damage suffered by the Landlord as a result of his acts or omissions.

Article 14 - Liability

  1. Subject to the restrictions below, the Landlord shall be liable to the Tenant if the Tenant has suffered a pecuniary loss as a result of an attributable failure by the Landlord to fulfil its obligations under the Lease and/or Reservation.
  2. BTFL LIVING shall, subject to the limitations below, be liable to Tenant if Tenant has suffered capital loss as a result of an attributable failure by BTFL LIVING in the performance of the obligations incumbent on BTFL LIVING from or at the conclusion of the Lease and/or Reservation.
  3. Landlord and/or BTFL LIVING shall not be liable to the extent that Tenant can recover any damages under any insurance policy, such as travel insurance or cancellation insurance.
  4. Lessor and/or BTFL LIVING are not liable for damage and costs resulting from burglary and theft, accidents in or around the Accommodation, weather extremes, failure of water and electricity supplies and/or nuisance by third parties, except in the case of intent or gross negligence of Lessor and/or BTFL LIVING.
  5. Liability for damages and costs that Tenant may incur in the course of his profession or business is excluded, except for wilful intent or gross negligence of Landlord and/or BTFL LIVING.
  6. Without prejudice to the provisions of the other paragraphs of this article, the liability of Lessor and/or BTFL LIVING for damage other than caused by death or injury to Renter and/or his travelling companions shall be limited to a maximum of three times the holiday price, unless there is intent or gross negligence.
  7. Without prejudice to the provisions of paragraphs 1 and 2 of this Article, any rights that cannot be exercised by Tenant against BTFL LIVING under these General Terms and Conditions may also not be exercised against Landlord and vice versa.
  8. Notwithstanding the statutory limitation periods, the limitation period of all claims and defences against Landlord and/or BTFL LIVING and against the third parties engaged by it/they in the performance of the Lease Agreement is one year.

Article 15 - Other provisions

  1. All data provided by Tenant to BTFL LIVING will be included in a file. This database is used for guest administration. These data may also be used to provide targeted information and offers on BTFL LIVING's services and offerings, both by BTFL LIVING and third parties. In order to tailor this information to the Renter's interests as much as possible, BTFL LIVING may have this data combined with data known to other companies. A detailed description of how BTFL LIVING processes data can be found in the privacy statement as published on the Website.
  2. BTFL LIVING is authorised by the Landlord to independently exercise all rights to which the Landlord is entitled under or in connection with the Lease and/or these General Lease Conditions.
  3. BTFL LIVING and Tenant will send correspondence digitally unless this proves impossible. Where these General Rental Conditions refer to 'in writing', this expressly means 'by e-mail'.

Article 16 - Applicable law and competent court

  1. Any disputes concerning the conclusion and execution of the Rental Agreement, Reservation and the General Rental Conditions, as well as all agreements and assignments resulting from them, will be settled by the competent court in Antwerp.
  2. The Rental Agreement, the Reservation and these General Rental Conditions are exclusively governed by Belgian law.
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