General conditions of sale
GENERAL TERMS AND CONDITIONS OF USE Domaine du Bocq - for tourist stays
Article 1: Definitions
In these terms and conditions, the following terms shall have the following meanings
a. Camping equipment: tent, folding camper, camping car, touring caravan, etc.;
b. Site: any placement option for a camping unit to be specified in the agreement;
c. Tourist site means a site available for a camping device for a period not to exceed one month's rent;
d. Entrepreneur: the company, institution, or association that makes the site available to the vacationer;
e. Recreant: the person who enters into the agreement with the entrepreneur regarding the place;
f. Co-creditor: the person(s) also indicated on the agreement;
g. Third party: any other person, other than the recreationist and/or fellow recreationist(s);
h. Agreed price: the fee paid for the use of the tourist site; this shall indicate what is not included in the price, using a price list;
i. Information: written or electronically supplied data on the use of the rented site and the means of transport, the facilities and the rules concerning the stay;
j. cancellation: the written termination of the agreement by the holiday maker before the commencement date of the stay;
k. A dispute: when a complaint filed with the entrepreneur by the vacationer has not been resolved to the satisfaction of the parties.
Article 2: Content of agreement
- The entrepreneur shall make the agreed site available to the holiday maker for the agreed period for recreational purposes, i.e. not for permanent residence; the latter thereby acquires the right to place a camping means of the agreed type on it and for the specified persons.
- The entrepreneur shall be obliged to provide in advance written information on the basis of which the agreement is also concluded to the holiday maker. The entrepreneur shall always inform the holiday maker in time in writing of changes therein.
- In the event that the information deviates considerably from the information provided at the conclusion of the agreement, the holiday maker shall be entitled to cancel the agreement without any costs.
- The holiday maker shall be obliged to observe the agreement and the rules laid down in the information belonging thereto. He shall ensure that fellow holiday maker(s) and/or third party/parties who visit him and/or stay with him observe the agreement and the rules laid down in the accompanying information.
- In the event that the provisions in the agreement and/or the information belonging thereto are in conflict with the general terms and conditions, then the general terms and conditions shall apply. This does not affect the fact that the holiday maker and the entrepreneur may make individual additional arrangements whereby these terms and conditions are deviated from in favour of the holiday maker.
- The entrepreneur assumes that the holiday maker enters into this agreement with the consent of his possible partner.
Article 3: Duration and termination of the agreement
The agreement shall expire by operation of law upon the expiration of the agreed period, without notice of termination being required.
Article 4: Price and price change
- The price is agreed on the basis of the rates applicable at that time, which have been determined by the entrepreneur. The customer authorizes the entrepreneur to correct obvious price errors.
- In the event that, after determination of the price, because of an increase of the expenses on the side of the entrepreneur, additional costs arise as a consequence of an increase of the expenses and levies that relate directly to the site, the camping means or the holiday maker, then these may be passed on to the holiday maker, also after the conclusion of the agreement.
Article 5: Payment
- The holiday maker shall make the payments in Euros, unless otherwise agreed, taking into account the agreed periods of time.
- In the event that a booking has been made more than six weeks before the date of arrival and the holiday maker, despite prior written demand for payment, does not or not adequately fulfil his payment obligation within a period of time of two weeks after the written demand, then the entrepreneur shall be entitled to cancel the agreement with immediate effect, notwithstanding the right of the entrepreneur to demand full payment of the agreed price;
- In the event that a booking has been made six weeks or less before the date of arrival and the holiday maker has not, or not adequately, fulfilled his payment obligation, then the agreement shall be terminated by operation of law and the holiday maker shall owe a remuneration to the entrepreneur in accordance with article 6 paragraph 1. The entrepreneur must inform the holiday maker beforehand of the consequences of a non-timely payment.
- In the event that at the day of arrival the entrepreneur is not in possession of the total amount owed, then he shall be entitled to deny the holiday maker access to the grounds, notwithstanding the right of the entrepreneur to demand prompt payment of the agreed price.
- The extrajudicial costs reasonably made by the entrepreneur, after having given notice of default, shall be at the expense of the holiday maker. In the event that the total amount has not been settled in time, then, after a written demand for payment, the interest percentage statutorily laid down shall be charged on the amount still outstanding.
Article 6: Cancellation
- In case of cancellation, the holiday maker shall pay a fee to the entrepreneur. This amounts to:
- For cancellation within 3 months to 31 days before the commencement date, 30% of the agreed price;
- For cancellation within 30 to 15 days before the commencement date, 40% of the agreed price;
- If cancelled within 14 to 2 days before the commencement date, 50% of the agreed price;
- For cancellation within 1 day before the start date or a "no-show", 100% of the agreed price;
- In case of a "no-show" the full amount of the stay will be charged.
- "No Show"
Failure to show up will be considered a no-show, this applies if the booker has not arrived by 8pm on the set day, unless otherwise agreed by email or phone. The no-show or any earlier departure from the venue and/or from the accommodation are subject to 100% payment of your booking fee. If the client does not show up at Domaine du Bocq, without being informed of any delays, Domaine du Bocq reserves the right to reallocate the pitch or accommodation on the following day of the arrival date from 2pm onwards.
- The remuneration shall be repaid pro rata, after deduction of the administrative costs, in the event that the site is reserved for the same period or part thereof by a third party on the recommendation of the holiday maker and with the written consent of the entrepreneur.
Article 7: Use by third parties
- Use by third parties of a camping means and/or the accompanying pitch is only permitted if the entrepreneur has given written permission.
- Conditions may be attached to the permission given, which must in that case be laid down in writing in advance.
Article 8: Premature departure of the holiday maker
The vacationer shall owe the full price for the agreed upon rate period
Article 9: Premature termination by the entrepreneur and eviction in the event of an attributable shortcoming and/or a wrongful act
- The entrepreneur may terminate the contract with immediate effect:
- In the event that, despite prior (written) warning, the holiday maker, fellow holiday maker(s) and/or third party/parties does not or not adequately observe the obligations laid down in the agreement, the rules laid down in the accompanying information and/or government regulations and this to such an extent that according to criteria of reasonableness and fairness, the entrepreneur cannot be required to continue the agreement;
- In case the holiday maker, despite prior (written) warning, causes nuisance to the entrepreneur and/or fellow holiday makers or spoils the good atmosphere on or in the immediate vicinity of the grounds;
- If the holiday maker, despite prior (written) warning, acts in violation of the destination of the site by using the site and/or his camping means;
- If the camper's camping equipment does not meet generally accepted safety standards.
- If the entrepreneur wishes premature cancellation and eviction, he must inform the holiday maker by personally delivered letter or orally. The written warning may be omitted in urgent cases.
- After cancellation, the holiday maker must see to it that his site and/or camping means is vacated and the grounds are left as soon as possible, at the latest within 4 hours.
- In the event that the holiday maker fails to vacate his site, then the entrepreneur shall be entitled to vacate the site in accordance with article 10 paragraph 2.
- The holiday maker remains in principle obliged to pay the agreed rate.
Article 10: Eviction
- When the agreement is terminated, the holiday maker must, at the latest on the last day of the period covered, leave the site empty and completely cleaned up.
- In the event that the holiday maker does not remove his camping means, then the entrepreneur shall be entitled to vacate the site after having given a warning in writing and observing a period of seven days starting at the day of receipt thereof, at the expense of the holiday maker, notwithstanding the stipulations included in article 9 paragraphs 2 and 3. Any storage costs, insofar as these are reasonable, shall be at the expense of the holiday maker.
Article 11: Laws and regulations
- The holiday maker shall ensure at all times that the camping means placed by him, both internally and externally, meets all environmental and safety requirements that are (or may be) imposed on the camping means by the authorities or by the entrepreneur within the framework of environmental measures for his establishment.
- LPG installations are allowed based on location only if they are located in motor vehicles approved by the National Highway Administration.
- If the recreationist is required by municipal fire regulations to take preventive measures, such as having an approved fire extinguisher report on hand, the recreationist shall strictly comply with these regulations.
Article 12: Maintenance and construction
- The operator is obliged to keep the recreation area and central facilities in a good state of repair.
- The holiday maker shall be obliged to keep the camping means placed by him and the site belonging thereto in the same state of maintenance
- The holiday maker, fellow holiday maker(s) and/or third party/parties shall not be allowed to dig into the site, to fell trees, to trim down bushes, to erect antennae, to put up fences or partitions, or to place buildings or other facilities of any nature whatsoever near, on, under or around the camping means without prior written consent of the entrepreneur.
- The holiday maker shall remain responsible at all times for keeping the camping means and the facilities referred to in paragraph 3 movable.
Article 13: Liability
- The legal liability of the entrepreneur for other than personal injury and death is limited to a maximum of €455,000 per event. The entrepreneur is obliged to insure himself for this.
- The entrepreneur is not liable for any accident, theft or damage on his premises, unless it is the result of a shortcoming attributable to the entrepreneur.
- The entrepreneur is not liable for the consequences of extreme weather conditions or other forms of force majeure.
- The operator shall be liable for failures in its portion of the utility service unless it can invoke Force Majeure or if the failure is related to the pipeline from the recreationist's takeover point.
- The recreationist shall be liable for failures in the portion of the utilities counted from the point of acquisition, unless force majeure.
- The holiday maker shall be liable, vis-à-vis the entrepreneur, for any damage caused by the act or omission of himself, the fellow holiday maker(s) and/or third party/parties, insofar as it concerns damage which can be attributed to the holiday maker, the fellow holiday maker(s) and/or third party/parties.
- The entrepreneur is obliged to take appropriate measures after notification by the holiday maker of nuisance caused by other holiday makers.