1. DOLCE VITA
1.1. Sandayo sprl is a company set up for the purpose of renting properties. Dolce Vita is the trading name under which Sandayo sprl operates as a company registered with the BCE (Crossroads Bank for Enterprises) under N° BE 0457-037-571 and domiciled at 3 Rue Eugène Castaigne, La Hulpe 1310 (Belgium).
1.2. Dolce Vita acts as representative in the name and on behalf of the lessor.
2. DESCRIPTION
2.1. The types of accommodation offered are not hotels or residences, and as a result there is no internationally recognised standard or category. The properties reflect the local environment and the personal tastes of the owners, in terms of both the architecture and the furnishings and equipment, which are often rustic.
2.2. The information sent to the lessees relating to the description of the rental properties and the furniture of the accommodation offered, is supplied in good faith, based on indications given by the owners or their local representatives or on visits made by Dolce Vita. All changes concerning said information that take place prior to the beginning of the stay, shall be brought to the attention of the client by Dolce Vita.
2.3. If, despite all due care taken by Dolce Vita, information relating to the equipment and the capacity of the accommodation turns out to be inaccurate at the beginning of the stay, the lessee must advise Dolce Vita of this immediately so that Dolce Vita can remedy the situation, without however being held responsible for it.
2.4. Tourism, sporting or service information supplied by resorts, tourist offices, etc. shall be given for information purposes only. Dolce Vita cannot be held responsible for said information, notably in the case where some of it may be modified during the lessee's stay.
2.5. For certain accommodation, our description indicates in terms of capacity 2+2 4+1 2+3.
the first number correspond to the normal capacity of the accommodation and the following number correspond to the number of beds that can be added or to the sofa bed. the use of the additional bed could be included in the price, if not it has to be paid upon arrival.
3. RESERVATION
3.1 Initial contact: requests for information and reservations are handled by telephone or email.
3.2 Procedure for obtaining information: email sent concerning availability of the accommodation selected by the client based on the dates, destination and number of people.
3.3 Reservation voucher: Once deciding on the accommodation, the client must confirm this choice by email. The agency then issues a reservation voucher (rental contract) that lists all the items required for confirmation of the reservation (name of the accommodation chosen, cost, dates of stay, number of people and different services.).
3.4 The client is required to fax back the reservation voucher (rental contract) dated and signed within the 48 hours that follow (deadline shown on the contract) or to accept the general terms and conditions displayed on the Website www.dolcevita.be
3.5. For any reservation made through Dolce Vita's central reservation system:
If you wish to make the reservation via Dolce Vita's central reservation system, the reservation will be firm once you receive written confirmation of this by Dolce Vita and once you have also returned the copy of this document duly signed to Dolce Vita or you accept the general terms and conditions on the Website www.dolcevita.be and pay the deposit that Dolce Vita will confirm receipt of with you.
4. PAYMENT OF THE RENTAL COST
4.1 Deposit: The reservation will take effect once a copy of the rental contract signed and dated by the client as well as the deposit relating to the stay are sent to Dolce Vita. For Villa reservations, a deposit of 60% will be required from you, less than 42 days before the beginning of the stay, with the entire cost being required upon reservation.
4.2 The client must pay the balance remaining due of the agreed reservation at least 42 days (i.e. 6 weeks) before the beginning of the stay. If there are any changes to a reservation and where these are accepted by the owner, an additional cost of 15 euros will be payable for administrative costs.
4.3 Any client that does not pay the balance by the agreed date will be sent a reminder. Within 7 days of the reminder expiring, Dolce Vita will be able to claim, ipso jure and without formal notice, late payment interest fixed at 1% per month. Furthermore, a fixed consideration of 15% of the total amount of the rental with a minimum of 50 euros shall be payable on the rental contract ipso jure and without formal notice, without prejudice to damages, if the payment of this balance has not been made 28 days prior to the start.
4.4 Upon receipt of the payment of the balance or the final deposit, the voucher for access to the accommodation will be sent to the client. A copy must be sent by the latter to the accommodation host (destination réceptif). This document will contain the name and the address of this person, the address of the holiday accommodation, the time and date of arrival, the place where the keys can be collected, etc.
4.5. Through derogation of article 4.1, the deposit 60% can be paid in two instalments (second payment in January of the year of the start date) if the reservation is made more than 9 months before entering the premises. The entire deposit must nevertheless be paid 42 days before the start (except in the case of article 4.6).
4.6. Through derogation of articles 4.1 to 4.4, the deposit will be 60% if the balance of the rental cost has to be paid at the location by virtue of special terms and conditions, in relation to reservations for apartments and bed and breakfast type accommodation. Furthermore and always in such cases, the representative will issue the voucher before payment of the balance.
4.7. Any reservation for a period of less than three nights will incur a fixed charge of 50 euros.
5. ARRIVING AND LEAVING
5.1. The client must come on the day and at the time mentioned on the accommodation access voucher, in principle from 6.00pm onwards. If the client arrives outside of the times mentioned on the access voucher, the client is required to advise the accommodation host beforehand. This person's address and telephone number are included on the accommodation access voucher. It may be the case that clients are asked to wait while the houses are tidied and prepared, due to the previous clients staying there.
If the client does not comply with the instructions given, Dolce Vita cannot be held responsible for the unavailability of the premises at the time agreed.
5.2. The client must comply with the leaving times stipulated, in principle between 9.00am and 12.00pm, and under no circumstances can the client claim any security of tenure relating to the premises rented at the end of the stay.
6. CAPACITY
Each accommodation property has an occupancy capacity in terms of people. This capacity is determined mainly according to the bedding available.
Each rental contract is drawn up for a maximum capacity of lessees. This capacity can under no circumstances be exceeded. In the event of excess numbers, the accommodation host can refuse to let extra people in or charge additional rent, with the amount being left to his or her discretion. If the extra people go into the building without the knowledge of the accommodation host, the reservation will be cancelled immediately, ipso jure, without formal notice or compensation.
Important, children (even the infant) are counted the same as an adult in terms of capacity.
7. ANIMALS
The rental contract will stipulate whether or not the lessee can stay with pets. If there is no information about an animal in the contract and consequently the access voucher, the accommodation host can refuse to let an animal in, without prejudice to damages.
8. INVENTORY OF FIXTURES - CLAIMS
8.1. An inventory of fixtures can be drawn up and signed between the lessee and the accommodation host upon arriving and leaving the accommodation. The lessee can make all relevant remarks and record them in the inventory of fixtures or advise Dolce Vita about them.
If, in the absence of an inventory of fixtures, the lessee notices certain anomalies, the lessee must advise either the accommodation host or the local representative and Dolce Vita of this immediately and at the latest within 24 hours of entering the premises, under pain of forfeiture. This information is essential for being able to handle the problem.
8.2. The accommodation's state of cleanliness must be noted in the inventory of fixtures. If the lessee has observations to make regarding this, these must be made upon entering the premises.
8.3. The lessee must use the property as a reasonably prudent person would; the lessee must notably keep it clean (including the windows, floor, kitchen and bathrooms) and must ensure if necessary that any garden furniture and umbrellas are brought in if there is bad weather and upon leaving. Throughout the duration of the stay, the lessee has full responsibility for the accommodation. The lessee agrees to cover the costs resulting from a fault or negligence on the lessee's part or on the part of the other occupants. Insurance can be taken out with Dolce Vita. Any furnishings and furniture items that at the end of the rental are missing or are in such a condition that they cannot be used, must be paid for or replaced by the lessee, with approval from the accommodation host.
8.4. Any other claim relating to the use of the property (defects) independently of any inventory of fixtures, must immediately be brought to the attention of the accommodation host and Dolce Vita and, if the nature of the defect so allows, at the latest within 72 hours, under pain of forfeiture. This information is essential for being able to handle the problem. Any claim must be made to Dolce Vita and the accommodation host under pain of forfeiture during the stay.
9. RENTAL GUARANTEE
9.1. If a rental guarantee is required, the lessee must pay this upon arrival to the accommodation host. The amount of this guarantee is stipulated in the contract.
9.2. This guarantee will be returned according to local custom, with deductions made for costs incurred for restoring the premises in accordance with the inventory of fixtures if damage has been noted.
If the inventory of fixtures on departure cannot be carried out (for example, if the lessee leaves early), the guarantee will be returned within a period not exceeding 14 days.
Where a telephone is installed, the client may be asked for a guarantee in the event of it being used. This guarantee will be returned to the client following a detailed account being drawn up and within a period of three months.
10. VISITOR CHARGES AND TAXES
10.1. At the end of the stay, the lessee must pay the accommodation host any charges not included in the cost, such as final cleaning, heating (see article 10.3), etc. as included in the contract. A receipt showing the final calculation will be sent to the lessee.
10.2. If there are visitor taxes applicable in the Commune's area, these may be collected by the same person.
10.3. Heating costs are generally not included in the rental amount. These costs are calculated based on how much heating the client uses, with the cost being payable to the owner at the location. The reading of the counter must be carried out upon entering the premises.
11. TRANSFER OF THE RENTAL CONTRACT
11.1. The lessee can transfer its contract under the same rental terms and conditions, with the agreement of Dolce Vita. In this case, the lessee must send its decision, either by registered letter or by fax, to Dolce Vita and at the latest seven days before the beginning of the stay. (The usual costs for opening and setting up a file will be charged for this transfer).
11.2. Both the lessee transferring and the transferee will be jointly and severally responsible vis-à-vis Dolce Vita for payment of the total price as well as the costs (including file charges) resulting from this change.
12. CANCELLATION DUE TO THE CLIENT
12.1. Dolce Vita must be notified of any cancellation by email or fax.
12.2. Dolce Vita will make deductions depending on the date the client cancels the contract, * cancellation occurring up to 56 days before the start of the stay: 60% of the amount of the stay will be retained,
* cancellation between the 56th day and the 42th day before the start of the stay: 75% of the amount of the stay will be retained, * cancellation less than 42 days before the start of the stay: 100% of the amount of the stay will be retained.
The file and insurance costs are not reimbursed.
12.3. If the lessee does not show up, or if the lessee cuts the stay short, no reimbursements are possible, except for those covered by the cancellation insurance or through mutual agreement.
13. INSURANCE
In order to be protected against the different risks associated with the stay, such as cancellation of the stay, the lessee is invited to take out a cancellation insurance cover with Dolce Vita for a premium amount equivalent to 5% of the rental amount.
14. CANCELLATION DUE TO DOLCE VITA
14.1. In the event of cancellation of the stay, Dolce Vita must notify the lessee of this. Dolce Vita agrees to propose a stay incorporating similar features in terms of capacity and price ranges.
14.2. In the event that it is not possible to supply similar accommodation or services, and if the cancellation takes place in a period of less than 35 days before the start, the lessee will immediately be reimbursed all amounts paid to Dolce Vita by said lessee.
15. CONTRACT CHANGES
15.1. In the event of a change to a material element of the rental contract (capacity and accommodation facilities, dates, etc.) and where this occurs before the start of the stay, Dolce Vita must advise the client of this as quickly as possible, insofar as Dolce Vita has itself also been advised of it.
The client can therefore cancel the contract and receive reimbursement for all the amounts already paid, or accept the proposal of Dolce Vita (without any increase in the cost of the rental).
15.2. If the proposal made to the client involves a reduction in the cost of the rental, a deduction will be made from the sums remaining due by the client. If the total cost of the rental has already been paid, Dolce Vita will return the excess amount paid to the client.
16. LIABILITY
16.1. In its capacity as representative, Dolce Vita will be liable for all acts carried out by itself or its agents where moral wrong or material damage is caused to the client, with the exception of the duties in its mandate. Dolce Vita acts as an intermediary, by virtue of a formal or tacitly recognised mandate given by the lessor and on behalf of whom Dolce Vita acts with the lessee. Dolce Vita assumes no liability as regards the execution of duties of the lessor, and notably the duties relating to making the property available.
16.2. However, Dolce Vita cannot be held liable if events that are unpredictable, insurmountable and independent of Dolce Vita's will, disrupt or change the stay of the lessees or prevent the stay from going ahead.
16.3. The owner cannot be held liable in cases of force majeure that hinder use of the property. The following are notably considered as force majeure: problems with gas, electricity or water supplies, strikes, shortages, floods, lifts breaking down, business, attraction or administration closures.
16.4. Repairs will be made within a reasonable timeframe.
16.5. Dolce Vita, acting as an intermediary between the owners and lessees, cannot be held responsible for accidents that may occur in the houses that it is appointed to rent out. In this case, the owner is directly liable if the origin of the accident is due to a breach on the part of the owner or a fault affecting the owner's house, with the owner's insurance company being the only recourse. Any children present in the houses are placed under the sole responsibility of their parents and must not under any circumstances be left alone without supervision in the houses or in the area surrounding the pools.
17. CAMERA SHOTS
No camera shots other than for personal reasons are authorised in the houses: even in the case of a non-profit publication for the person taking the camera shots, it is imperative that written authorisation be obtained from the agency acting in the interest of the owner.
18. HANDLING COMPLAINTS AND DISPUTES
18.1. Any claim irrespective of its nature and without prejudice to article 8, §2 & 4 of the present contract, must be made to Dolce Vita and the accommodation host and must have all items establishing proof of its grievances included with it. Notably, if the lessee refuses to take possession of the premises because they do not appear to be in line with what the lessee believes he/she has the right to expect and would like the rent to be reimbursed, the lessee must have the grievances recorded, either by an assessor or by a certified report by a bailiff in order to guarantee the objectivity and neutrality of the recordings. Any eventual claim must be sent within a non-negotiable period of thirty days following the departure of the client.
18.2. The parties must meet to find an amicable arrangement. If, in a period of sixty days, no amicable solution is found, the disputes can be brought before the courts in Brussels.
The signature of the reservation voucher, followed by the confirmation of the reservation by the agency, automatically implies agreement of the client-signatory with these general terms and conditions.
