GENERAL TERMS AND CONDITIONS OF SALE
SRL PRIVATE LIMITED COMPANY – HOTEL SCOTT – HOTEL THE SCOTT HOTEL
Https://www.thescotthotel.be/
These general terms and conditions (hereinafter referred to as the “Terms”) are presented to you byPRIVATE LIMITED COMPANY – HOTEL SCOTT , whose registered office is located atPLACE LOIX 1 1060 SAINT-GILLES , Belgium VAT BE 1024.470.547, (hereinafter referred to as “the Hotelier“).
The Hotelier manages and operates the THE SCOTT HOTEL hotel as well as the WWWhttps://www.thescotthotel.be/, a site for presenting and booking the hotel and other additional services (hereinafter referred to as the ‘Site’).
1. DEFINITIONS
“Customer”: refers to a natural person, of legal age, at least 18 years old, acting for their personal needs and having full legal capacity to enter into this agreement.
“Contract”: A contract between the Hotelier and the Customer in which the Hotelier undertakes to provide Services.
“Hotel” means the THE SCOTT HOTEL hotel, operated by PRIVATE LIMITED COMPANY – HOTEL SCOTT, whose registered office is located at PLACE LOIX 1 1060 SAINT-GILLES, Belgium, VAT BE 1024.470.547.
“Booking Confirmation” means the document summarising the details of the booking made by the Customer, sent by the https://www.thescotthotel.be/ or the Hotelier to the Customer.
“Booking Request” means any request made by the Guest to book a hotel room.
“Partners” means all service providers who have entered into a service agreement or partnership agreement with the Hotelier.
“Service” means any hotel room booking service or other services provided by the Hotel and made by the Customer on the Hotelier’shttps://www.thescotthotel.be/.
“Https://www.thescotthotel.be/” refers to the https://www.thescotthotel.be/ dedicated to the Hotelier, accessible at the following address: Https://www.thescotthotel.be/
“Terms and Conditions of Use” or “TCU”: refers to the terms and conditions of use of the Https://www.thescotthotel.be/ that govern the relationship between the Hotelier and users of the Https://www.thescotthotel.be/with regard to access to and/or use of the Https://www.thescotthotel.be/, to the exclusion of any other document.
“Terms and Conditions of Sale” or “TCS” refers to this document, which governs the relationship between the Hotelier and users of the https://www.thescotthotel.be/with regard to booking the Hotelier’s Services on the Https://www.thescotthotel.be/, to the exclusion of any other document.
“The Hotelier”: refers to PRIVATE LIMITED COMPANY – HOTEL SCOTT, owner of the Https://www.thescotthotel.be/ and holder of, in particular, the intellectual property rights relating thereto.
“The Hotel”: refers to the hotel establishment located at PLACE LOIX 1 1060 SAINT-GILLES, which is operated by the Hotelier.
“Legal notices”: refers to the legal notices of the Https://www.thescotthotel.be/available at the following address: Https://www.thescotthotel.be/
“Personal Data Protection Policy”: refers to the Hotelier’s personal data processing policy available at the following address: https://www.thescotthotel.be/privacy/.
“PSP”: refers to the external payment service provider(s), partners of the Hotelier, providing the latter with a secure online payment system for the payment of Orders.
“Sections”: refers to the different categories on the Https://www.thescotthotel.be/ in which the content offered on the Https://www.thescotthotel.be/ is classified, grouped, where applicable, by theme.
“User”: refers, unless otherwise specified, to any person accessing the Https://www.thescotthotel.be/ directly or indirectly.
2. PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF SALE “GTCS”
These General Terms and Conditions of Sale apply, without restriction or reservation, to all purchases of accommodation booking services and ancillary services offered by the Hotel to consumers and professional customers on the Hotel’s https://www.thescotthotel.be/.
The main features of the Services are presented on the Hotel’s https://www.thescotthotel.be/.
The Customer is required to familiarise themselves with the characteristics of the Services before making any booking. The choice and purchase of a Service is the sole responsibility of the Customer.
3. PRIOR ACCEPTANCE – DURATION – MODIFICATIONS
3.1. It is essential that you read and accept these GTC without reservation, as they are a condition of any Service booking.
To this end, the User must have full legal capacity to enter into these GTC for any Booking.
The Customer acknowledges the GTC by clicking on the “Terms and Conditions &Personal Data Policy” tab located at the bottom of each page of the Https://www.thescotthotel.be/ and, at the latest, in the Booking form .
When making a booking, the Customer is invited to read the GTC carefully and confirm this by ticking the appropriate box when making the booking.
The validation click gives electronic contractual value and proves that the Customer has read and understood all of these GTC and the obligations incumbent upon them.
The User may consult and print the current GTC at any time, available on each page of the Https://www.thescotthotel.be/ by clicking on the “Terms and Conditions & Personal Data Policy” tab.
3.2. These GTC are concluded, following their acceptance, for the entire duration of any booking made on the basis of said GTC, except in the event of termination/cancellation or force majeure.
The applicable GTC are those in force at the time of confirmation of a booking, unless otherwise provided by law.
The hotelier reserves the right, at any time, to make any necessary and useful changes to the GTC, in particular to adapt to regulatory, legislative and jurisprudential developments, as well as to changes to the Https://www.thescotthotel.be/ and/or the Hotel’s Services.
Reservations already made will remain governed by the version of the GTC published on the Https://www.thescotthotel.be/ at the time of confirmation of the Reservation. The changes thus made will only apply to new Reservations confirmed after their publication on the Https://www.thescotthotel.be/.
Users will be informed as soon as possible by the publication of the new version on the Https://www.thescotthotel.be/ or by email to the User’s email address provided.
Users are strongly advised to read the GTC carefully before confirming each new Booking.
4. PRICES – CHARACTERISTICS & AVAILABILITY OF HOTEL SERVICES
4.1. Hotel Services
The Https://www.thescotthotel.be/ allows Users to obtain information about the Hotelier’s Services, associated purchase offers and the possibility of booking them online on the Https://www.thescotthotel.be/.
Only Services offered for sale on the Https://www.thescotthotel.be/ on the day the User consults it may be booked online.
The Services offered are those relating to the occupation of accommodation in the Hotel.
The Https://www.thescotthotel.be/ also provides access to information about Hotel Services that cannot be booked on the Https://www.thescotthotel.be/ but are available directly at the Hotel. The prices for these Services are provided for information purposes only.
4.2. Prices
The Prices of the Services indicated on the Https://www.thescotthotel.be/ are “All Taxes Included” (TTC), the Value Added Tax being that in force in Belgium on the day the Order is placed, and indicate the promotional offers applicable to certain Services for Users throughout the European Union, during the period of validity of the commercial offer in question.
The prices applied to the sale of Services are those indicated on the Https://www.thescotthotel.be/ at the time of confirmation of the booking.
4.3. Availability of Hotel Services
Services are offered within the limits of the Hotel’s infrastructure capacity.
It is specified that simply adding a Service to the User’s basket does not constitute a binding confirmation of the Booking; only the Booking Confirmation has contractual value. It is possible that the Service may become unavailable between the time it is added to the basket and the time the Booking is confirmed.
The User is duly informed that, despite the Hotel’s best efforts to keep the availability of its Services up to date, it is still possible that a discrepancy may exist between the time the Service is added to the basket and the time the Booking is confirmed.
The Https://www.thescotthotel.be/ may contain inaccuracies and technical, typographical or other errors in relation to the information displayed, including, but not limited to, rates, charges or applicable availability.
The Hotelier declines all responsibility for such errors, inaccuracies or omissions and reserves the right not to honour reservations affected by such errors, inaccuracies or omissions, subject to the undertaking to make any necessary corrections, changes, cancellations and improvements to reservations based on such errors, at any time and possibly after the reservation has been made.
5. THE ORDER
5.1. Reservation – order confirmation
To proceed with confirmation, payment for one night is required, with the balance due 14 days prior to check-in. In the event of late payment, the hotel reserves the right to cancel all future arrivals and charge cancellation fees, where applicable. Any legal or commercial issues arising from late payment by the operator are the sole responsibility of the operator who delayed payment!
If you pay by credit card, the Hotel reserves the right to ask you to present your credit card at reception upon arrival. If you refuse to present your credit card or if the name on the credit card is not the same as that of the guest, the Hotel may immediately cancel the booking confirmation and refuse to provide you and your guests with accommodation services. In this case, you may pay in cash and the Hotel will not cancel your booking confirmation. If the name on the credit card is different from that of the guest and the credit card holder is present and agrees to become the guest, the Hotel will provide accommodation services provided that the credit card holder signs the registration form. The following credit cards are accepted: American Express, Diners, Visa, Master Card. Personal cheques or traveller’s cheques are not accepted.
All other charges for additional services provided during the Guest’s stay shall either be paid immediately or charged to each room account. The Guest must settle all accounts for all rooms booked by him/her in full prior to departure. The Hotel shall provide the Guest with the corresponding invoice detailing the respective charges.
5.1. Data transmitted
Throughout the Booking process, the User undertakes to provide accurate and up-to-date data (in particular with regard to their contact details: email address, telephone number, etc.) and to modify them if necessary. The Hotelier shall not be liable in the event of a Booking that is un validated, not executed or poorly executed due to missing or inaccurate information.
The User is duly informed that by clicking on the “book now” button on the https://www.thescotthotel.be/, they will be directed to a third-party https://www.thescotthotel.be/ where they can check the Hotel’s availability and will be directed to a secure payment site.
5.2. Booking process
5.2.1. Selection of Services
Users who wish to make a Reservation select the date and the Service(s) of their choice.
It is understood that the Customer is solely responsible for choosing the Services that are the subject of their Order and for ensuring that they meet their needs.
After checking the summary of their Booking under their sole responsibility, and in order to confirm it and proceed with payment, the User clicks on the “Book now” button and is directed to the payment terms and conditions.
5.2.2. Choice of payment method
The Customer selects the payment method from among those offered. They confirm the GTC and enter the required payment details. The different payment methods are detailed in the “Payment Methods” section of these GTC.
5.2.3. Acceptance of the GTC and payment
The Customer must read and accept the GTC and then confirm their booking, thereby validating the payment and definitively accepting the Booking.
A provisional confirmation of the Booking, including a summary of the Booking and its Booking number, is presented to the Customer, who receives an initial email confirming that their Order is awaiting validation.
The hotelier reserves the right not to accept the Booking in the following cases: (i) unavailability of all or part of the Services; (ii) existing dispute(s) with the Customer, (iii) total or partial non-payment of one or more previous bookings made by the Customer; (iv) objective suspicion of fraud, (v) refusal of payment authorisation by the banking institutions, which must occur within 7 days of the online payment.
Unless the Booking is refused in the above cases, notified by email and resulting in the invalidation of the Booking, the Customer will receive a definitive confirmation of their Booking by email, including a summary of their Booking.
The sales contract between the Customer and the Hotelier is formed upon final confirmation of the Reservation. The invoice for the Reservation will be sent to the Customer by email with the final confirmation of the Reservation.
6. PAYMENT METHODS
Unless otherwise agreed in writing in advance, Orders for Services are payable in cash at the Hotel.
The hotelier offers cash payment by credit card.
6.1. Payment by credit card
The following credit cards are accepted for payment of Reservations: CB, VISA, MASTERCARD, AMERICAN EXPRESS, BANCONTAT.
To make a payment by credit card, the Customer is automatically redirected to the secure payment page.
To pay for their Booking by credit card, the Customer must provide certain banking details such as the cardholder’s name, the card number and, depending on the type of card, the expiry date and the security code.
All bank details entered are processed securely and immediately encrypted: they are automatically encrypted and sent securely to the secure payment server of the relevant banking institutions, without passing through the hotelier. The Customer is, in particular, invited to ensure that the payment is secure.
Bank details are only accessible to the PSP, so that it can contact the Customer’s bank. At no time can the hotelier access the bank details. Payment details are sent to the PSP on the day of the Order.
On the day the Order is confirmed, the Customer’s bank account is only debited when the Order is dispatched or at the latest 6 days after dispatch.
6.2. Default or late payment
Failure to pay an invoice by its due date shall render all sums due immediately payable, regardless of any payment facilities previously granted, and shall entitle the hotelier to suspend the performance of its corresponding obligations or to terminate the current contract without any compensation, by means of a written notification sent to the Customer by the hotelier, stating the default in payment.
Any delay in payment by a consumer Customer will result in a first reminder letter at no additional cost, giving the individual Customer or consumer 14 calendar days to pay the outstanding invoice amount. After this period, the amount of the outstanding invoice that remains unpaid shall accrue interest, without any formal notice being required, at the legal interest rate provided for by the law of 5 May 1865 on interest-bearing loans, without prejudice to any actual collection costs.
Any delay in payment by a Professional Customer shall incur interest on arrears from the date on which payment is due, i.e. upon receipt of the invoice by the Customer, without prior notice, at the interest rate provided for by the Law of 2 August 2002 on combating late payment in commercial transactions, as amended by the Law of 14 August 2021; including a fixed surcharge of €40 for any collection costs.
7. WARRANTY
The guarantee includes a request for authorisation (also known as ‘pre-authorisation’) from the customer’s bank. This procedure provides a valid guarantee for a fixed amount, which gives the establishment authorisation to make payments based on damage, additional charges in accordance with these terms and conditions, and the customer’s actual expenses up to the authorised amount. After the customer’s departure at the end of their stay, only the actual amount of the additional charges for accommodation will be debited by the establishment, without the customer being physically present or any further validation being required.
Alternatively, a guarantee may be deposited in cash, handed over on arrival and refunded on departure, less any amounts due for damage, any additional charges in accordance with these general terms and conditions, and any additional expenses incurred by the customer during their stay.
The amount of the authorisation request is compensation equivalent to the price of two nights per hotel room booked.
8. INTELLECTUAL PROPERTY RIGHTS
With the exception of any other content belonging to the Customer, the hotelier and/or its licensors own all intellectual property rights and elements contained on this https://www.thescotthotel.be/.
9. COMPLIANCE WITH THE HOTEL’S INTERNAL RULES
The Customer, his/her companions and any third parties under his/her responsibility acknowledge that they have read and understood the Internal Rules and Regulations (hereinafter referred to as the “IRR”) applicable to the Hotelier’s Services. The Customer, his/her companions and any third parties under his/her responsibility undertake to comply with the IRR.
The Customer must behave in accordance with current standards and the Hotel’s internal rules. Any serious or repeated violation of the Hotel’s internal regulations by the Customer, other occupants of the accommodation booked by the Customer, or by persons under the Customer’s responsibility, may lead the Hotelier to expel the Customer and his/her companions from the Hotel without the Customer being entitled to claim any compensation.
The Customer is liable to the Hotelier for any damage caused to persons, Hotel property, facilities and equipment, and premises to which they have access.
10. NON-SMOKING HOTEL – DAMAGE
The Hotel is entirely non-smoking. Unless otherwise indicated, it is therefore forbidden to smoke cigarettes, vape, use electronic cigarettes or smoke shisha in the hotel.
The consumption of illegal substances is strictly prohibited within the premises of the establishment and constitutes a serious breach of the internal regulations.
The use of nitrous oxide (N2O) balloons is strictly prohibited and constitutes a serious breach of the internal regulations. Any nitrous oxide (N2O) tank found in the room will be considered a violation of this article.
An additional flat-rate invoice of €250 will be charged to the Customer in the event of a breach of this article for thorough cleaning/removal of nitrous oxide cylinders.
Any damage to the equipment and materials provided in the rooms is prohibited and is subject to a fixed compensation fee of €200.00, which will be charged to the customer in addition to any other amounts still due.
11. OCCUPANCY AND VACATURE OF ROOMS
Unless otherwise specified in the contract, accommodation may be occupied on the first day of the stay, from 3 p.m. onwards.
If the customer occupies the accommodation after the time at which they may take possession of the accommodation in accordance with these general terms and conditions, they shall be required to pay the full price stipulated in the contract for the booking, without the possibility of a reduction in price in proportion to the actual occupation of the accommodation by the customer.
Unless otherwise specified in the contract, accommodation must be vacated by 11 a.m. on the last day of the stay.
If the customer vacates the room before the latest departure time on the last day of the stay, they shall be required to pay the full price agreed for the booking, without any possibility of a reduction in the price in proportion to the customer’s actual occupancy of the accommodation.
12. PET POLICY
Pets are allowed in the Hotel for an additional fee of €30 per stay.
Assistance animals are not subject to this supplement.
Customers wishing to use the Hotel’s services accompanied by an assistance animal must demonstrate the animal’s status as an assistance animal by any legal or factual means.
13. LIABILITY – FORCE MAJEURE
In addition to the limits of liability described elsewhere in the GTC, the hotelier cannot be held liable if the Customer fails to comply, in whole or in part, with the GTC, or in the event of the actions of a third party or in the event of force majeure, expressly including circumstances due to “acts of state”.
Force majeure refers to any event external to the parties that is both unforeseeable and insurmountable and prevents either the Customer or the hotelier from fulfilling all or part of the obligations provided for in the contract. Cases of force majeure or fortuitous events are those usually recognised by the case law of the Belgian courts.
The Hotelier declines all responsibility for any failure to fulfil any of its contractual obligations in the event of force majeure as defined by Article 5.226 of the Civil Code and associated case law.
Neither party shall be liable to the other party for any failure to perform its obligations resulting from an event of force majeure. It is expressly agreed that force majeure shall suspend the performance of the parties’ reciprocal obligations and that each party shall bear the costs arising therefrom.
Furthermore, the Hotelier cannot be held liable for the non-performance or poor performance of the reservation due to a third party, due to the Customer, in particular the unavailability of the internet network, inability to access the https://www.thescotthotel.be/, external intrusion, computer viruses or in the event of unauthorised prepayment by the cardholder’s bank.
14. EVICTION:
In the event of an exceptional event or the inability to make the reserved room available to the Customer, or in the event of force majeure, the Hotel reserves the right to accommodate the Customer in a hotel of equivalent category offering services of the same nature, provided that the Customer has been informed in advance. Any additional costs for the room, transport between the two hotels and a telephone call shall be borne by the hotel initially booked.
15. ADDITIONAL SERVICES
Access to additional services provided by the hotel is not included in the accommodation rate, unless otherwise specified in the booking details and rate, according to this illustrative and non-exhaustive list:
- breakfast bar, in the breakfast room or restaurants,
- bars and lobbies,
- gym,
- SPA, wellness and massages,
- laundry service,
- room service
- …
Unless otherwise specified in the booking details and rates, the use of these additional services will be charged to the guest and must be paid for upon departure.
In the event of non-payment of this bill by the guest upon departure, the amount will be deducted from the deposit left by the guest at check-in.
16. COMPLAINTS
Complaints relating to the non-performance or poor performance of hotel services made by consumers must, under penalty of foreclosure, be brought to the attention of the hotelier in writing within eight days of the date of departure from the Hotel, directly to the Hotelier.
Claims relating to the non-performance or poor performance of hotel services made by companies must be sent by email to the following address:
INFO@THESCOTTHOTEL.BE
17. LOSS OF KEY OR ACCESS BADGE
Upon arrival, the Hotelier will give the guest a key or access badge, allowing them to access their accommodation and the hotel at night.
Upon departure, the guest must return the key or access badge to reception. In the event of loss or failure to return the hotel key card at the end of the stay, the guest will be charged £20 per card upon departure.
In the event of non-payment of this invoice by the customer, the amount will be deducted from the deposit left by the customer at check-in.
18. ADULTS
Only adults may book accommodation and occupy rooms in the hotel.
Minors may not book accommodation or occupy accommodation in the hotel.
Minors may occupy accommodation in the hotel if they are accompanied by an adult.
Adults are defined as persons over the age of 18 at the time of booking.
19. PHOTOGRAPHS ON THE HTTPS://WWW.THESCOTTHOTEL.BE/
The photographs on the https://www.thescotthotel.be/ are not contractually binding. Although the Hotel endeavours to ensure that the photographs, graphic representations and texts reproduced to illustrate the Hotel give as accurate an overview as possible of the accommodation services offered, variations may occur, in particular due to changes in furniture or renovations.
20. NUMBER OF OCCUPANTS OF THE ACCOMMODATION
The customer must notify the hotel at least 48 hours before arrival of any increase in the number of occupants of the accommodation booked.
The hotel is not responsible for any failure to accommodate additional occupants if they have not been notified within this time frame.
In addition, the accommodation that can be booked indicates the maximum number of guests that can be accommodated.
This number of guests may not be exceeded, even with prior notification to the hotel.
21. Consumer bookings: Cancellation, no-show and late arrival conditions
Right of withdrawal:
For reservations cancelled up to 14 days before arrival, no cancellation fees will be charged.
For reservations cancelled less than 14 days before arrival, the cancellation fee is 100% of the total amount of the stay.
In the event of a no-show or departure before the scheduled date, the cancellation fee is the total amount of the stay.
Flexible cancellation option
Reservations made with the flexible cancellation option can be cancelled free of charge up to the day before the start of the stay, before 4 p.m.
In case of cancellation after the aforementioned date and time, the first night of the reservation will be charged.
Non-refundable bookings:
Non-refundable bookings are by nature non-cancellable, non-changeable and non-refundable, in accordance with the absence of a right of withdrawal.
No-show policy:
In the event of a no-show, i.e. if the customer does not show up for the reservation, the total amount of the reservation will be charged.
This amount is non-refundable, even in the case of bookings with a flexible cancellation option.
Booking modification policy:
If you wish to modify your booking or your arrival and departure dates (check-in and check-out), you must send your request to the Hotel. The Hotel is not obliged to accept this request, which will depend on the Hotel’s availability, the dates you originally booked and other factors. In addition, this may result in additional charges, which will be communicated to you. If the Hotel accepts your request and you approve any additional charges, you will receive an updated booking confirmation. Only an updated booking confirmation will be considered valid approval of a booking change or change to arrival and departure dates by the Hotel.
22. HOTELIER’S LIABILITY AND DEPOSITS
The hotelier is not liable for damage resulting from an event that it was unable to prevent (force majeure), despite taking the necessary precautions, due to the circumstances and consequences, or in the event of armed robbery.
It shall also not be liable for damage caused by error or negligence, even partial, on the part of the customer or those accompanying them. In this regard, the customer is required to inform the hotelier of any valuable items in their possession.
The hotelier is not liable for any damage to live animals left in the hotel.
This liability is, in accordance with Article 1952, paragraph 2 of the former Civil Code, limited to the time during which the traveller has the accommodation at their disposal. It is therefore limited to the period between the customer’s arrival at reception and 11 a.m. on the day of departure, in accordance with these general terms and conditions of sale.
Safes are available to the Customer in the rooms. The Hotelier declines all responsibility for valuables deposited in the safes.
Furthermore, any request to open a safe by the Hotelier shall be made under the responsibility of the Customer. The Hotelier cannot be held responsible for any items left behind by the customer in the safe.
Luggage in the Hotel’s public areas is under the supervision and sole responsibility of its owner.
In accordance with our general terms and conditions of sale, the rules relating to theft in the Hotel are set out in Articles 1952 to 1954 of the Civil Code. As a contractual limitation, in the event of theft of items from the room or within the Hotel premises, the damages payable to the Guest shall be limited to the equivalent of the daily room rental price.
The Hotel staff is in no way responsible for letters and parcels sent to Clients staying at the Hotel. The Client must ensure that they collect them directly, if applicable.
The Hotel declines all responsibility and liability and is in no way responsible for letters and parcels sent. In particular, the Hotel declines all responsibility for the receipt, storage or collection of any parcels or mail delivered before the Guest’s arrival date or after their departure date. Guests are responsible for collecting their own letters and parcels.
23. EARLY DEPARTURE AND LATE ARRIVAL
If the customer leaves the room before the check-out time on the day of the end of the reservation, they shall be required to pay the full price of the reservation, without the possibility of a reduction in the price in proportion to the occupancy of the accommodation by the customer.
If the customer takes possession of the accommodation after the time at which they can take possession of the accommodation in accordance with the booking, as provided for in these general terms and conditions, they shall be required to pay the full price stipulated in the contract for the booking, without the possibility of a reduction in the price in proportion to the actual occupancy of the accommodation by the customer.
- AGREEMENT ON EVIDENCE
Electronic documents exchanged electronically between the hotelier and the Customer (documents, notifications, emails, invoices, copies of the GTC, etc.) are considered to be documents with the same value as the original, subject to compliance with the legal principles of identification and integrity. Where applicable, they may constitute faithful and durable copies within the meaning of Book 8 of the Civil Code, and the Customer is therefore invited to keep them .
Unless proven otherwise, the data recorded (in particular identification details and connection data) within the framework of these GTC, in particular in the context of making a Reservation, may be admissible in court and constitute evidence of the data and elements they represent, as well as the signatures they express, if they comply with the requirements of the law in force and in particular Book 8 of the Civil Code.
It is understood that this article does not have the effect or purpose of limiting the Customer’s ability to provide evidence to the contrary or any other means of proof at their disposal.
In any event, for any Order exceeding £120, the hotelier shall archive the sales contract concluded with the Customer for a period of 10 years from the delivery or collection of the Order concerned.
The following shall be retained: the details of the Order, the description of the Services ordered, the GTC in force on the date of the Order, and the information provided by the Customer for the Order. This information shall be communicated to the User who requests it at any time during this period.
The hotelier also systematically archives proof of Reservations and invoices under secure conditions using the best technical means to ensure the authenticity and integrity of the relevant files, which may be provided if necessary.
- NON-WAIVER AND INDEPENDENCE OF CLAUSES
The fact that the hotelier does not exercise all or part of its rights with regard to a User, under these GTC, does not constitute a waiver of its right to exercise them at a later date.
If any clause of the GTC is found to be invalid or declared unenforceable for any reason whatsoever, the other clauses shall nevertheless remain in force.
- PERSONAL DATA AND COOKIES
26.1. Cookies
When the User browses the Https://www.thescotthotel.be/ and makes a Booking, the Https://www.thescotthotel.be/ may place
“cookies”, which are very simple text files, on the computer or other device used to connect to the Https://www.thescotthotel.be/. The dedicated “Cookies” page can be accessed by clicking “https://www.thescotthotel.be/privacy/”.
26.2. Personal data
Data collected via the forms on the Https://www.thescotthotel.be/ or when making a Reservation or any other request related to an Order is subject to data processing. The User can consult the page dedicated to the protection of personal data by the Hotelier, “Personal Data Protection Policy”, by clicking “https://www.thescotthotel.be/privacy/”.
- ASSIGNMENT
The Hotelier reserves the right to transfer all or part of the rights and obligations arising between the User and the Hotelier under these GTC to any company of its choice and shall inform the User in advance in accordance with applicable law.
- SPECIAL CONDITIONS FOR MEETINGS, EVENTS AND GROUPS
28.1.- A reservation will only be final after receipt of the order confirmation countersigned “for approval” sent by the hotel, which will return a contract requiring payment of a deposit, as soon as the deposit has been paid to the hotel.
Group reservations for which the deposit, of at least 50% of the total estimated costs as advance payment, is not paid within the period stipulated in the contract will be cancelled. A payment of 50% will be required 30 days before the group’s arrival date.
28.2.- Room reservations: the final list of rooms shall be sent to the hotel in writing at least 14 days before the date of arrival. A detailed list of names, dates, and times of arrival and departure must be clearly indicated. All room list reservations are guaranteed against cancellations and late cancellations by the Customer. The Client must inform the hotel in writing of any changes to the arrival details at any time. No verbal agreements will be accepted. The Client is responsible for any unoccupied rooms at the agreed contractual rate.
28.3.- The Client must inform the hotel in writing of the exact number of participants. Changes may be made from the signing of the contract up to a maximum of 5 working days before the date of the event and may not exceed 10% of the initial number of participants. If the number of participants increases, the invoice will be issued in accordance with the last confirmed number of participants or rooms. All other costs will be invoiced in full.
28.4.- Residential meetings: the accommodation contract and the banquet contract are inseparable. Any change that reduces the contracted banquet revenue by more than 20% will result in the automatic cancellation of the agreed rates and the application of corporate rates.
28.5.- Cancellation of events or rooms: From the date of signing the contract, up to 30% of the contract value will be invoiced if the event is cancelled 180 days before the scheduled date. This percentage increases to 50% of the contract value if the cancellation occurs between 179 days and 90 days before the date of the event, and to 80% of the contracted value if the cancellation occurs between 89 days and 30 days before the event. It is 90% of the contract value if the cancellation occurs between 29 days and 15 days before the scheduled date and 100% if the cancellation occurs between 14 days and the originally scheduled date of the event.
28.6.- Cancellation of rooms reserved by Rooming List: Between the date of signing the contract and the dates indicated below, the number of rooms may be reduced without cancellation fees in relation to this cancellation, provided that the following percentages for reductions are not exceeded: These reductions are not cumulative. 25% of contracted nights up to 90 days before the first arrival. 10% of contracted nights between 80 days and 30 days before the first arrival. 5% of contracted nights between 29 days and 15 days before the first arrival. 0% from 14 days before the date of the first arrival.
Any change in the number of rooms after the contract has been signed will automatically be subject to the terms and conditions of the contract.
The same conditions apply in the event of cancellation, with the same percentages and deadlines, for any event.
28.7.- Additional charges: If an event lasts longer than expected or if a group stays longer than the agreed period, the hotel reserves the right to charge additional fees.
All meals, drinks and other services not included in the initial booking agreement will be charged to the Customer unless they have previously informed the hotel in writing that these costs should be charged individually. Failing this, any price differences will be charged to the person who signed the agreement.
The hotel reserves the right to adjust prices in line with economic indicators, changes in VAT rates, excise duty rates or changes in service tax rates without prior notification to the Customer.
28.8.- Liability: the Customer shall be liable for any damage or inconvenience caused directly or indirectly by the event and/or the group, whether this occurs in the room hosting the event or in any other area of the hotel.
The hotel shall not be held liable in the event of force majeure or equivalent events (strikes, fire, theft, etc.).
The hotel reserves the right, without notice or compensation, to cancel any contract that contravenes the usual standards of morality and good conduct, public order or the normal use of the space made available to the Customer.
Where applicable, it is the Customer’s responsibility to take out the necessary insurance cover for the booking or event and to present the insurance certificate before the event.
The hotel cannot be held responsible for documents relating to meetings or any other items left unattended by the Customer’s organisers.
29.- ADVERTISING
It is prohibited to use the hotel’s logo, name or any other form of advertising or reference associated with the hotel, or to publish photographs of the hotel without the prior authorisation of the management.
- APPLICABLE LAW AND JURISDICTION
The GTC are subject to Belgian law in terms of their validity, interpretation and enforcement.
In the event of a dispute arising from the interpretation, execution or termination of these GTC, the User and the hotelier shall endeavour to reach an amicable settlement.
In all cases, including if the User is not satisfied with the response provided by the hotelier’s customer service department, or in the absence of a response or agreement between the User and the hotelier, the User consumer is informed of the possibility of resorting to a conventional mediation procedure or any other alternative dispute resolution method in the event of a dispute relating to these General Terms and Conditions of Sale. The solution proposed by the Mediator is not binding on the parties, who remain free to withdraw from the mediation process at any time.
Any dispute that cannot be settled amicably will be brought before the competent courts, it being understood that all disputes relating to the contractual relationship between the Customer and the hotelier will fall within the exclusive jurisdiction of the courts of Brussels.
- CONTACTS
Any questions or complaints relating to the GTC may be made in the following ways:
- either and or preferably by email to the following address: INFO@THESCOTTHOTEL.BE
- or by registered letter sent to the Hotelier’s registered office (PLACE LOIX 1 1060 SAINT-GILLES)
For any other enquiries not relating to the Https://www.thescotthotel.be/ or an Order, the Customer is invited to contact the Hotelier at the following address: e-mail: INFO@THESCOTTHOTEL.BE