GENERAL CONDITIONS OF THE RESERVATION FORM FOR THE RENTAL OF A SMARTFLATS ACCOMODATION
Article 1: General information
SA SMARTFLATS is registered with the Crossroads Bank for Enterprises under number 0849.650.615 and its registered office is at Avenue Louise 251, 1050 Ixelles (hereinafter “SMARTFLATS”).
SMARTFLATS specializes in tourist accommodation and other short-term accommodation (NACEBEL VAT 2008 55.209).
These general terms and conditions apply to the short-term rental service of tourist accommodation (hereinafter referred to as “Flat”) offered by SMARTFLATS (hereinafter referred to as the “Service”) to the customer (hereinafter referred to as the “Tourist”) by SMARTFLATS (SMARTFLATS and the Tourist are together referred to as the “Parties”).
Details of the Service can be consulted on its website https://www.smartflats.be/ and there are also special terms and conditions (hereinafter referred to as the “Rental Contract”) which are set out in a separate written document and include specific provisions for the service subscribed to (place rented, length of stay, amount of rent, etc).
These general terms and conditions and the aforementioned Rental Contract, together with the house rules and any individual information communicated in writing by SMARTFLATS, together form the Contract of which they are the exclusive elements.
In the event of conflict or inconsistency between the elements of the Contract, the following descending order of priority shall apply:
A. Individual information given in writing by SMARTFLATS (personal e-mail, instructions for use, etc.);
B. The Rental Contract ;
C. Internal regulations (present or distributed in the Flat) ;
D. These general terms and conditions.
As part of the check-in process set up by SMARTFLATS via dedicated software, the Tourist must accept the general terms and conditions in order to finalize the operation.
In the event of failure to comply with the check-in process for any reason whatsoever, the general terms and conditions are deemed to have been accepted by the Tourist.
In order to concentrate the standards in force, these general terms and conditions are attached to the rental contract (if applicable in electronic format).
SMARTFLATS recommends that the Tourist keeps a hard copy of the elements of the Contract.
The Flats covered by the Service are used for tourist accommodation and are therefore always rented furnished.
Unless otherwise specified by SMARTFLATS, the price of the Service is broken down as follows: 90% relating to the occupation of the property and 10% to the furniture furnishing it.
Article 2: Definitions
For the purposes of these General Terms and Conditions,:
A. Consumer Customer: The Tourist, a natural person who enters into the Contract with SMARTFLATS for purposes that do not fall within the scope of their professional activity;
B. Substantial element of the contract: any element that is not essential (the subject of the agreement, the price) although it led one or both of the Parties to enter into the Contract, such as the place rented or the dates of arrival and departure.
C. Contract: The combination of the general terms and conditions, the rental contract, the house rules, and any individual information provided by SMARTFLATS ;
D. Price: All the prices relating to the Service, as communicated prior to the conclusion of the Contract, excluding tourist tax, service charges, electricity charges and any additional costs incurred by the Tourist (such as cleaning, damage to property, etc.).
Article 3: Conclusion of the Contract
The process of concluding the Contract begins with the Tourist submitting a request on the SMARTFLATS website (or any other marketing intermediary such as an “Online Travel Agency”) in the form of a reservation form.
This form includes the Tourist’s request, i.e.:
A. The Flat selected ;
B. Any dates of stay ;
C. The number of tourists staying in the Flat ;
D. The time at which the keys/access to the Flat were taken;
E. Any special request(s).
These are the substantial elements of the Contract, insofar as it has been concluded.
On this occasion, the Tourist will provide SMARTFLATS with the exact information requested by SMARTFLATS (surname, first name, legal address, telephone number, e-mail address, identity of the occupants of the Flat), including a method of payment (valid credit card only) valid for at least 30 days from the end date of the stay.
The customer is solely responsible for the information transmitted in this way and shall immediately inform SMARTFLATS in writing (electronically) of any changes made prior to or during the stay.
The Contract is formed by SMARTFLATS accepting the Tourist’s reservation request, subject to the following conditions precedent:
– Payment of the advance by the Tourist (see article 11.3 of these general conditions) ;
– Transmission of identity documents for tourists staying in the Flat ;
– Transmission of a valid credit card ;
– Deposit of a guarantee.
SMARTFLATS nevertheless reserves the right to refuse to accept the reservation request submitted by the Tourist, however advanced the pre-contractual procedure, without being liable to pay any compensation, for one or more of the following reasons:
A. The Tourist does not comply with the obligations incumbent upon him/her by virtue of another contract concluded with SMARTFLATS (arrears of payment, etc.), this failure to perform being left to the free discretion of SMARTFLATS;
B. In the event of obvious fraud or serious doubt as to the Tourist’s solvency ;
C. The Tourist does not provide the official identity document expressly requested or if SMARTFLATS considers, without having to justify itself, that there is a doubt as to the conformity of the document provided;
D. When the Service cannot be provided or postponed due to circumstances beyond SMARTFLATS’ control (force majeure, government measures, strikes, etc.).
Article 4: Entry into force, duration of the contract, suspension of performance and cancellation of the Contract
Unless otherwise stipulated, the Contract will come into force on the day of acceptance of the conclusion of the Contract by acceptance of the Tourist’s reservation request.
The Contract is concluded for a fixed term. It terminates at the end of the contractually agreed term (which may be modified by the Parties during the performance of the Contract).
Performance of the Contract will be suspended in the event of force majeure making it impossible or unreasonably more demanding for SMARTFLATS to perform the Contract.
The following in particular are considered to be cases of force majeure within the meaning of the Contract:
A. Strikes, closures or other industrial action;
B. Insurrections, riots, invasions, terrorist attacks or threats of terrorist attacks, acts of war (whether declared or not) or threats of preparations for war;
C. Fires, explosions, storms, floods, earthquakes, landslides, epidemics or other natural disasters;
D. The impossibility of using transport by rail, sea, air, road or any other means of public or private transport;
E. The impossibility of using public or private telecommunications networks;
F. Laws, decrees, legislative provisions, regulations or restrictions imposed by any government;
G. Any event, action, failure, omission or exceptional occurrence that is beyond the control of SMARTFLATS and that it cannot overcome.
SMARTFLATS nevertheless undertakes to make its best efforts to find a solution that allows the Contract to be performed, despite the case of force majeure.
SMARTFLATS may unilaterally terminate the Contract in the event of force majeure making it impossible or unreasonably more demanding for SMARTFLATS to perform the Contract without a solution allowing the Contract to be performed.
In this case, SMARTFLATS will refund the amounts paid by the Tourist, less a flat rate for administrative costs equivalent to 10% of the price of the Service.
Article 5: Modification of a substantial element of the Contract
SMARTFLATS may modify a substantial element of the Contract (see article 3.1. of these general terms and conditions) by notifying the Tourist of the modification in writing for acceptance, no later than 24 hours before the modification(s) comes (come) into force.
The Tourist who does not accept the modification(s) may cancel the contract without charge or compensation, at the latest 8 hours before the modification(s) come into effect.
In this event, SMARTFLATS will not be liable to the Tourist for any compensation and undertakes to return all sums paid by the Tourist under the Contract.
In the absence of a refusal notified no later than 8 hours before the change(s) comes into effect, the change(s) is (are) deemed to have been accepted by the Tourist.
Under no circumstances must the contractually agreed arrival and departure times be strictly adhered to.
Consequently, late arrival or early departure does not entitle the Tourist to any reimbursement whatsoever;
Notwithstanding the foregoing :
A. Early arrival is authorized subject to prior authorization by SMARTFLATS and the payment of a fixed surcharge of €150.00 on the price of the Service;
B. Late check-out is authorized subject to prior authorization by SMARTFLATS and the payment of a flat-rate surcharge of €30.00 on the price of the Service.
Article 6: General rights and obligations of SMARTFLATS
Unless otherwise stipulated, SMARTFLATS’ obligations are qualified as an obligation of means.
In the event of a problem encountered by the Tourist during the performance of the contract and reported by the Tourist to SMARTFLATS in accordance with article (7.7.), SMARTFLATS undertakes to implement the means reasonably necessary to resolve the Tourist’s problem as quickly as possible.
SMARTFLATS may unilaterally modify any element of the Contract, provided that it is neither an essential element nor a substantial element, in a measured and appropriate manner, in the event of unforeseen circumstances or other circumstances beyond the control that the Tourist may reasonably expect SMARTFLATS to have (such as a problem of a technical nature generally of any kind).
SMARTFLATS undertakes to deliver a Flat that complies with safety standards and the agreed use (short-term tourist accommodation) for which it is rented, and with the furniture required for said use.
Article 7: Obligations of the Tourist
The Tourist undertakes to occupy the Flat in accordance with the agreed use (short-term tourist accommodation) and in accordance with the standard of a prudent and diligent person in the same situation and in compliance with the provisions of the Contract (including the internal regulations), any applicable law, public order, and good morals.
Consequently, the Tourist undertakes in particular to:
A. Do not move objects that are part of the furniture ;
B. Use sheets on beds ;
C. When you check out, you must leave the Flat in a good state of repair (tidy up, empty the sink, fill the dishwasher and run it, wash any dishes that cannot be put in the dishwasher or if the dishwasher is not available, clean up any mess made by the Tourist);
D. Immediately report any damage of any kind in writing electronically;
E. Close doors and windows in the event of wind, rain or snow;
F. Lock the Flat when it is not in use ;
G. Refrain from any disturbance (including noise pollution) in and around the Flat;
H. Refrain from requesting extensions to the digital television offer, purchasing programs, hacking, modifying or transmitting passwords, or exceeding the available surfing capacity;
I. Ensuring reasonable energy consumption;
J. Not be domiciled at the Flat address.
In this respect, the Tourist is informed and accepts the installation of sound and decibel detectors;
K. Moving, removing or disabling smoke detectors or fire-fighting equipment, or otherwise compromising the Flat’s fire safety (hindering access to emergency exits, moving evacuation plans, pictograms, and other information files, etc.);
L. To refrain from taking the household linen, sheets, kitchen towels, and bath towels provided by SMARTFLATS and to keep everything in a good state of repair;
M. Refrain from smoking in the Flat and in the communal areas of the building.
It will compensate SMARTFLATS for any prejudice it may suffer as a result of non-compliance with the aforementioned standards, by any person whatsoever.
The Tourist undertakes to take delivery of the keys to the Flat and to return them on the dates and at the times contractually agreed.
Keys may only be received and returned during office opening hours, unless SMARTFLATS explicitly proposes another arrangement (key safe, keypad, etc.).
In the event of the loss of one or more keys, SMARTFLATS shall be entitled to install a new lock and to charge the costs to the Tourist.
The Tourist undertakes not to reproduce the keys.
In the event of a breach, SMARTFLATS shall be entitled to install a new lock and to charge the costs to the Tourist.
Unless expressly stipulated to the contrary, the Tourist is prohibited from making the Flat available to any person not specified in the booking form.
However, Tourists are allowed to add one or more children’s beds.
When taking possession of the Flat, the Tourist is required to:
1) Check the accuracy of the inventory of the Flat’s furniture ;
2) Immediately report any anomaly to SMARTFLATS, whether concerning the Flat itself (damage or otherwise) or its furniture.
Upon leaving the Flat, the Tourist must :
– inspect it and, if they notice any visible damage not previously reported by SMARTFLATS, they undertake to immediately report such damage to SMARTFLATS in writing.
The Tourist is fully informed of the fact that he/she will be required to compensate SMARTFLATS for any damage that he/she may have directly or indirectly caused to the Flat and its furnishings.
The Tourist is also informed that any damage unknown to SMARTFLATS and not reported to SMARTFLATS at the time of departure shall be deemed to be damage caused as described above.
Unless expressly stipulated to the contrary, the Tourist may not use any open fire or stove in the Flat.
If the Tourist encounters a problem during their stay, they must immediately report it to SMARTFLATS via the “Duve” online communication platform or by telephone (0032 640 72 40).
The Tourist must tolerate visits by SMARTFLATS for technical interventions and not disturb the smooth running of it.
It is also obliged to tolerate any visit by a SMARTFLATS employee provided that SMARTFLATS has given it at least twenty-four hours’ prior notice (except in the case of an obvious emergency).
Article 8: Legal exception to the consumer’s right of withdrawal
In accordance with article VI.53, 12°, of the Code of Economic Law, the Tourist, a consumer customer, cannot withdraw from “the provision of accommodation services other than for residential purposes”.
Article 9: Tourist’s right to unilateral termination
The Tourist may terminate the contract within 14 days of the conclusion of the contract, provided that its performance has not yet begun, in return for payment of compensation equivalent to 50% of the total price.
Article 10: Invoicing, disputing invoices and setting up a deposit
The Tourist accepts that the invoice(s) relating to the Service will in principle be sent to him in electronic form by SMARTFLATS and will therefore provide a valid electronic address.
In principle, the Service will be the subject of a single invoice issued for payment no later than 12 hours after check-out and subject to prior payment of the full price of the service.
However, the following items may be invoiced at a later date(s):
A. Extension of the rental period at the written request of the tourist ;
B. Tourist tax, service charges and electricity ;
C. In the event of excessive dirt and/or odor nuisance (e.g. tobacco) in the Flat and/or common areas requiring special cleaning, the Tourist will be charged special cleaning costs depending on the amount of work required, with a minimum of 250.00 EUR ;
D. Any rental damage (damage to the Flat, the furniture in it, and the common areas) other than special cleaning costs.
E. The tourist will be charged €50 if, upon departure, he has not washed his dishes or the dishwasher is not emptied. This amount may be automatically deducted from his deposit.
The Tourist has a period of 30 calendar days to contest an invoice issued subsequently by SMARTFLATS. Failing this, the invoice is irrevocably deemed to have been accepted.
The aforementioned dispute must contain the amount and number of the disputed or partially disputed invoice, failing which it will be automatically considered inadmissible.
The Tourist’s possible complaints never give him the right to suspend his obligations towards SMARTFLATS.
In this case, he remains liable to pay the amount indisputably due.
In order to guarantee their contractual obligations (in full or in part), the Tourist is required to pay a deposit, the amount of which is set out in the rental contract and in accordance with the terms and conditions set out therein.
The deposit will be returned to the Tourist within 7 calendar days following the return of the keys, less, where applicable, any sums generally owed to SMARTFLATS (in full or in part).
Article 11: Terms of payment – Default (interest on arrears – compensation for out-of-court collection costs) – Out-of-court collection procedures
Invoices are payable within the period stated thereon.
Payment is made to the account number shown on the invoice.
The appointment of a third-party payer only exonerates the tourist if payment is made in full within the required period.
Unless expressly stipulated otherwise in writing by SMARTFLATS, the Tourist is required to pay 50% of the total price within 7 calendar days following the conclusion of the contract as an advance.
In the event of non-compliance with this condition, SMARTFLATS is entitled to unilaterally terminate the Contract, without compensation or prior formal notice.
Unless otherwise expressly stipulated in writing by SMARTFLATS in the Rental Contract, the Tourist must pay the balance of the price and any additional costs no later than 30 calendar days before the start of the holiday.
In the event of failure to comply with this condition, SMARTFLATS shall be entitled to :
– Suspend the Contract and, consequently, access to the Flat ;
– Where applicable, unilaterally terminate the Contract, without compensation or prior notice, and withhold 50% of the advance payment as an administrative charge.
In the event that the property can no longer reasonably be rented by SMARTFLATS as a result of the customer’s default, the Tourist will remain obliged to pay the balance of the price and will not be able to request reimbursement of the advance.
The Tourist is informed of the fact that a property cannot reasonably be re-rented from the eighth calendar day before the start of the initially agreed stay.
In the event of non-compliance with the terms of payment relating to any additional invoicing subsequent to the stay, late payment interest will be payable by operation of law and without prior formal notice on the day following the fourteenth calendar day after the reminder is sent by electronic means to the Consumer Tourist in accordance with article XIX.2, §3, of the Code of Economic Law).
For consumer tourists, late payment interest is equivalent to the statutory rate for 2023 (5.25%).
In addition, SMARTFLATS shall be entitled to claim fixed compensation calculated as follows:
A) 20 euros if the outstanding amount is less than or equal to 150 euros ;
B) 30 euros plus 10% of the amount due on the portion between 150.01 euros and 500 euros if the outstanding amount is between 150.01 euros and 500 euros ;
C) 65 euros plus 5% of the amount due on the portion over 500 euros, up to a maximum of 2,000 euros if the amount outstanding exceeds 500 euros.
If the Tourist has not complied within the aforementioned period, SMARTFLATS may proceed with the amicable recovery of the outstanding invoice.
SMARTFLATS may collect the Client’s debts itself or entrust this task to a third party, a debt collection professional.
SMARTFLATS or the debt collection professional sends a formal notice of default to the Tourist, this notification starting a second period of fourteen calendar days beginning on the third working day following the day on which the notice of default is sent to the consumer Tourist.
No further debt recovery action may be taken during this second period.
If the Tourist has not complied within the second aforementioned deadline, SMARTFLATS or the debt collection professional may proceed with the judicial collection of the outstanding invoice.
In the event of judicial recovery, SMARTFLATS also reserves the right to request procedural compensation as well as any additional damages and interest necessary to fully compensate any loss.
Article 12: SMARTFLATS’ right to terminate (express termination clause)
The Contract will be terminated with immediate effect, without prior notice and without any compensation, in the following cases:
A. The Tourist has committed an intentional fault, a serious fault, or more than one minor fault during the stay;
B. The Tourist has provided an incorrect or false identity;
C. The Tourist’s actions are likely to damage SMARTFLATS’ reputation or give it negative publicity;
D. The Tourist has authorized a third party not included in the booking request to stay in the Flat ;
E. The Tourist does not receive the keys to the Flats within 3 hours of the contractually agreed time of receipt;
If the Contract is terminated, the Tourist is obliged to return the Flat keys immediately to the place designated in the Contract for the return.
In the event of one of the cases listed in 12.1. leading to the termination of the Contract, SMARTFLATS will be entitled to a flat-rate indemnity equivalent to 10% of the rental price, without prejudice to SMARTFLATS’ right to claim additional damages.
Article 13: Responsibility of SMARTFLATS
SMARTFLATS will only be held contractually liable in the event of intentional, serious or repeated minor breach of contract or in the event of non-performance of an essential obligation (e.g. failure to make the Flat available).
The Tourist bears the burden of proof of this fault.
SMARTFLATS may not be held responsible for any contractual fault in the event of insufficient prior cleaning, layout of the Flat that is subjectively incompatible with the Tourist, building work carried out in the vicinity, exceptional closure of HORECA establishments or “non-essential” shops located in the vicinity.
SMARTFLATS’ contractual liability is limited to compensation for foreseeable, direct, personal and certain damage suffered by the Tourist, to the exclusion of any indirect or intangible damage.
The Tourist bears the burden of proof for this damage.
SMARTFLATS may not be held contractually liable in the event of force majeure or any other cause exonerating it from liability (state of necessity, constraint, legitimate defense, order or permission of the law, order of legitimate authority, invincible error).
SMARTFLATS bears the burden of proving the existence of a cause exonerating it from liability.
No limitation of liability shall apply in the event of bodily injury or death attributable to SMARTFLATS or in any other case not authorized by Belgian legislation.
SMARTFLATS shall under no circumstances be liable for the loss, damages, or theft of any belongings belonging to the Tourist and found in the Flat during and after performance of the Contract.
In this respect, if the Tourist requests that items left behind in the Flat be returned to him/her, an administrative fee of €50.00 plus VAT may be charged in addition to the postage costs.
Article 14: Method of communication
SMARTFLATS will communicate with the Tourist by means of information published on its website, transmitted by electronic mail and, in general, any mode of written communication (instant messaging, sms, etc.).
The date of receipt of this communication will be the date on which the information is put online on the website or the date on which the communication is sent in writing to the address provided by the Tourist (electronic or postal).
The Tourist will communicate with SMARTFLATS only in writing, i.e. by text message, e-mail or registered mail with acknowledgement of receipt.
The date of receipt of this communication will be the date on which the communication is sent by text message or e-mail or the date shown on the receipt slip for the registered letter signed by SMARTFLATS.
Article 15: Evidence
Proof of the performance or lack of performance of one or more obligations arising from the Contract may be administered by any legal means, including electronic communications, data or overviews from the SMARTFLATS system.
Article 16: Insurance
SMARTFLATS has taken out a policy under number 720184834 with the AXA insurance company to cover its “operating” civil liability.
Article 17: Animals
Except with the prior written consent of SMARTFLATS, animals are not permitted in the Flat.
Any violation of this prohibition will result in the Tourist immediately paying SMARTFLATS compensation equivalent to three times the price of the Service.
This compensation is to be increased by any damages required to fully compensate for the damage caused by the said breach of the prohibition.
Article 18: Protection of personal data
Article 19: Intuitu personae nature of contractual relations
The Contract is entered into intuitu personae, such that the rights and obligations of the Tourist cannot be assigned, in whole or in part, delegated or transferred to a third party, by any means whatsoever, including subletting, without the prior written consent of SMARTFLATS.
Article 20: Nullity and severability
If any clause in these general terms and conditions is declared null and void, the parties undertake to negotiate a new clause in accordance with the law and the general scheme of the contract.
The cancellation of a clause will not affect the other clauses, which will remain in force.
Article 21: Waiver
Any deviations from the Contract must be in writing.
Any waiver of any of the clauses contained in the Contract may only be invoked by one of the parties on production of an explicit written document signed by the other party.
Article 22: Applicable law and jurisdiction
The Contract shall be governed by and construed in accordance with Belgian law.
The parties undertake to use their best endeavours to settle amicably any disputes and/or disagreements that may arise between them.
Any dispute relating to the validity, interpretation or performance of the agreement that is not settled amicably shall fall under the exclusive jurisdiction of the French-speaking courts of Brussels with territorial jurisdiction over the registered office of SMARTFLATS.
TERMS & CONDITIONS FOR STANDARD (NON-REFUNDABLE) RATE
The total price of the reservation may be charged anytime after booking.
Payments by credit card will be debited remotely.
Please note, if canceled, modified, or in case of a no-show, the total price of the reservation will be charged.
Please note that 1 day before arrival, you will receive access codes by email to self check-in your flat (no keys are needed and there is no on-site reception).
TERMS & CONDITIONS FOR FLEXIBLE RATE
50 % of the total amount will be charged upon confirmation of the reservation;
The outstanding amount will be charged at least 7 days prior to arrival.
Payments by credit card will be debited remotely.
Reservations can be modified/canceled by guests up to 5 days or more before the date of arrival (no fee will be charged).
If canceled/modified 5 days or less before the arrival date (or during the stay), the total price of the reservation will be charged. In case of a no-show, the total price of the reservation will be charged.
You can redeem a special rate with free cancellation until 5 days before your arrival (except on weekends and high season days).
Please note that 1 day before arrival, you will receive access codes by email to self check-in your flat (no keys are needed and there is no on-site reception).