General terms and conditions
Article 1: The parties
The limited liability company “EMDS BELGIUM“, registered in the register of legal entities Ghent department Bruges with company number 0787.849.935 and registered office at Ganzenstraat 1 A, 8000 Bruges, owner and operator of hotel “Hotel Malleberg” at Hoogstraat 7, 8000 Bruges and its operated website(s) and social media channels. Hereinafter “Hotel Malleberg” or “We“,
and
any individual or company on whose behalf Hotel Malleberg provides services, whether or not the actual beneficiary, hereinafter “You” or “the Client“.
Article 2: Validity, acknowledgement and applicability of the general terms and conditions
2.1 These terms and conditions apply to all offers, agreements, reservations and bookings, regardless of their nature and regardless of whether they were made directly by telephone/through Hotel Malleberg’s website or through an intermediary or intermediary online platform with which Hotel Malleberg cooperates, between Hotel Malleberg and the Client, and shall take precedence over any general terms and conditions of the Client.
2.2 By using the services of Hotel Malleberg or making a reservation, you expressly declare to have knowledge of these general conditions and to accept them. We strive to always provide you with sufficient opportunity to consult and accept these general conditions. You can freely consult these general terms and conditions via the website or request a copy by sending an e-mail to [email protected]. Where possible, we will also refer explicitly to the terms and conditions in confirmations of reservations, invoices and payment reminders, as well as when using the website, whether or not via a clickable link and/or with a click action that is mandatory for you.
2.3 Any nullity or invalidity of one of these terms and conditions shall not entail the nullity of the other clauses or of the agreement. The invalid or void provision should then be read as a valid provision where the result is as close as possible to the intended result of the invalid or void provision.
2.4 If Hotel Malleberg and the Client enter into a separate written agreement, the provisions of the separate agreement shall prevail over these Terms and Conditions to the extent agreed to by Hotel Malleberg. These Terms and Conditions shall then serve as supplementary law to the extent applicable.
Article 3: Offer and acceptance
3.1 The agreement comes into effect at the moment of acceptance by the Client of the offer (for example, by making a reservation through Hotel Malleberg’s website or through an intermediary or intermediary online platform with which Hotel Malleberg cooperates) and fulfillment of the conditions set forth thereby. The Client is aware that acceptance implies an obligation to pay.
3.2 All offers made by Hotel Malleberg are non-binding for them and subject to the reservation “while supplies (or capacity) last”. If Hotel Malleberg invokes this reservation within a reasonable period after acceptance by the Client, the intended contract shall be deemed not to have been concluded.
3.3 Hotel Malleberg cannot be held to its offer if the Client could reasonably understand that the offer, or any part thereof, contains an obvious material mistake or slip of the pen, such as (but not limited to) an unrealistically high discount or unusually low asking price.
Article 4: Rooms, breakfast and other accommodation
4.1 The hotel provides lodging for stays of one or more nights, with all the usual associated services.
4.2 All rooms have a TV, radio and telephone as standard amenities. Each room includes free tea and coffee making facilities and a private bathroom with a shower. More information regarding the rooms provided can be found on the Hotel Malleberg website.
4.3 All rooms are equipped with either a comfortable double bed or two single beds. We kindly request that you let Hotel Malleberg know your preference in good time and at the time of your reservation, so that we can do our best to accommodate it. Please note that, depending on availability at the time of your stay, we cannot always guarantee that your specific request can be met.
4.4 We provide a delicious buffet breakfast daily. Breakfast is available upon payment of a surcharge. For children under 11 (eleven) years old, there is a reduction in this surcharge. Breakfast can be booked immediately when placing the reservation, or added later on site at the hotel. You must let reception know no later than 6pm the night before.
4.5 We provide the opportunity to enjoy a nice drink in our cozy common room. Drinks are offered through the “Honesty Bar” concept. This means that You can take your own drink, with the confidence that afterwards You will honestly note what You have taken. This system is based on mutual trust and allows You to enjoy our delicious range of drinks at your leisure. Billing is done at check-out or via charge to your credit card.
4.6 Would you like to use a baby crib? We kindly ask you to let the hotel know in time and if possible at the time of your reservation, so that we can do our best to accommodate it. Please note that, depending on the availability of baby cribs at the time of your stay, we cannot always guarantee that your specific request can be met.
4.7 If you are interested in exploring the local gastronomy and would like us to arrange a restaurant reservation for you, we are happy to accommodate you. Please note that many restaurants require a deposit when making a reservation. You must pay this deposit directly to the restaurant, such as through your credit card. We may therefore request your credit card to guarantee the reservation and would like to point out that Hotel Malleberg can never advance payments for restaurant reservations.
4.8 Pets are not allowed.
4.9 The hotel and all rooms are completely non-smoking.
Artikel 5: Reservations, check-in en check-out
5.1 Reservations can be made through the Hotel Malleberg website or through the website/online platforms of the partners with which Hotel Malleberg collaborates (e.g. booking.com, Expedia and Hostelworld).
5.2 Hotel Malleberg reserves the right to accept or refuse reservations at its sole discretion. Reservations originating from a Client with whom there is a dispute or from a profile that appears fraudulent or which shows a serious deficiency on the part of the Client may be canceled or refused by the hotel, without payment of any compensation.
5.3 Out of respect for other hotel guests, there is a ban on bachelor or similar parties, company outings and party weekends at Hotel Malleberg. Hotel Malleberg reserves the right to refuse or cancel a reservation without payment of any compensation, if this is not taken into account by the Client.
5.4 Check-in: From 2 p.m. to 6:30 p.m.
Late Check-in: Possible on request.
Check-out: Until 11 a.m.
Late Check-out: Possible on request and under the following conditions:
– Request must be made at the latest the evening before check-out at 8 pm.
– Only possible if the occupancy rate allows it.
– Only possible upon payment of a surcharge.
5.5 Unless otherwise agreed upon, Hotel Malleberg is entitled to consider the reservation expired if you have not reported to Hotel Malleberg within 24 hours (twenty-four hours) after the initial starting time of the reservation, or you have not indicated in a timely manner that you will arrive at a later time and Hotel Malleberg has not objected to this. The foregoing applies, without prejudice to the provisions of Article 6.
5.6 Hotel Malleberg is entitled to ask you to agree to an alternative, equivalent accommodation regarding lodging, instead of which should be made available according to the agreement, if the capacity or occupancy of the hotel requires it. You may refuse this alternative. In the latter case, you have the right to terminate, with immediate effect, the agreement to which the aforementioned request of the hotel relates, without prejudice to your obligations under other agreements.
5.7 The Client agrees to always indicate the exact number of people who will be present during the stay at the Hotel, including babies and young children, when making the reservation. Hotel Malleberg reserves the right to refuse a reservation or stay or charge a supplement for additional persons, if at check-in it appears that more persons are present than indicated in the reservation made.
Article 6: Cancellation terms
6.1 The right of legal withdrawal does not apply.
6.2 Reservations can always be canceled free of charge up to 3 (three) days before the start time of the reserved stay.
6.3 If the Client cancels the reservation less than 3 (three) days before the start time of the reserved stay, the total cost of the reservation will be charged.
6.4 No-shows (if the Client or guest for whom the reservation was made does not show up within 24 (twenty-four) hours after the initial start time of the reservation, will be charged an amount equal to the total cost of the reservation.
6.5 It is not possible to change or cancel non-refundable reservations. The total cost of the reservation will be charged immediately after making your reservation.
6.6 Specific conditions take precedence over the general cancellation conditions if applicable.
Article 7: Rates and payment terms
7.1 All rates or prices communicated by Hotel Malleberg to the Client, whether verbally or via its website or those of partners, are in Euros and are always exclusive of any surcharges.
7.2 Obligatory surcharges: City of Bruges surcharge (tourist tax): EUR 4 per person, per night. This tax does not apply to children under 18 years old.
7.3 Fees for lodging and booked accommodations (e.g. breakfast) must always be paid in advance when making the reservation.
7.4 We may ask you to provide us with your credit card details to guarantee your reservation. In case of a no-show (when you do not use the reservation without cancellation – see article 5.5), the hotel will use these details to charge the total cost of your stay.
7.5 All additional hotel bills (for example, surcharges for use of the Honesty Bar or late check-outs) are payable by the Client or the person for whom the Client made a reservation and who uses the reservation, at the time they are presented to him/her. Payments are always made immediately and in cash (cash, bancontact or credit card).
7.6 Hotel Malleberg may ask you to provide a credit card as a guarantee upon check-in. In case of additional charges not declared at check-out (e.g. use of the Honesty bar) or additional charges due to additional cleaning services or damage caused by you or someone in your party to the room or grounds of the hotel, Hotel Malleberg will have the right to deduct them from the credit card. Hotel Malleberg will provide You with a detail of the statement, either electronically or by mail. If you believe the statement was unjustified, you must protest the amount charged in writing within 8 days.
7.7 As long as the Client has not fully complied with all its obligations to Hotel Malleberg, Hotel Malleberg shall be entitled to take possession of and retain all goods brought into the hotel by the Client until the Client has complied with all its obligations. In addition to a right of retention, if applicable, Hotel Malleberg shall have a lien on the goods in question as security for all sums owed by the client to Hotel Malleberg.
7.8 If other than cash payment is agreed upon, all invoices, for any amount, must be paid by the Client within 14 (fourteen) days of the invoice date. If the payment term is exceeded, for whatever reason, Hotel Malleberg may initiate a collection process, whether or not through an external party to whom Hotel Malleberg transfers the necessary customer data for this purpose. The Client shall in any case remain liable for full compensation of the extrajudicial and/or judicial collection costs.
7.9 Invoice collection from consumers in accordance with Book XIX Economic Law Code:
After the payment deadline is exceeded, the Client will receive a free payment reminder and a period of 14 (fourteen) calendar days to pay the amount due. No fees will be charged for this first payment reminder. If the deadline specified in the payment reminder is exceeded, the following collection charges will become due:
– Delay interest according to art. 5 Law of August 2, 2002 on combating late payment in commercial transactions: https://financien.belgium.be/nl/over_de_fod/structuur_en_diensten/algemene_administraties/thesaurie/rentevoet_betalingsachterstand_handelstransacties
– One-time lump sum indemnity:
- €20.00 for claims less than or equal to €150.00
- €30.00 + 10% on the outstanding amount in the bracket between €150.01 and €500.00
- €65.00 + 5% on the outstanding amount in the bracket between € 500.01 with a maximum of € 2,000.00
The Client has the right to request additional information on invoices, to request a debt repayment plan, to report debt mediation as well as to dispute invoices received. To do so, the Client must submit a written reasoned request to Hotel Malleberg within 14 (fourteen) calendar days, after which Hotel Malleberg and/or its appointed debt collectors will temporarily suspend the collection procedure in accordance with the legally defined terms of Book XIX of the Code of Economic Law.
7.10 Invoice recovery from enterprises: Agreements with enterprises are subject to the legal provisions on invoice recovery in commercial transactions, including the provisions on interest due according to Art. 5. of the Law of August 2, 2002 on combating late payment in commercial transactions. In case of late or incomplete payment, from the due date of the invoice, a lump-sum indemnity shall be payable on the amount due, ipso jure and without prior notice or formal notice. This damage clause amounts to 10% of the principal amount with a minimum of €40.00. All this is without prejudice to Hotel Malleberg’s right to claim higher damages provided there is proof of higher actual damages incurred.
Article 8: Force majeure and liability
8.1 Hotel Malleberg may dissolve the agreement if it cannot fulfill its obligations due to temporary or permanent force majeure. Force majeure means all circumstances that cannot reasonably be influenced by Hotel Malleberg such as and not limited to: pandemic, strikes, traffic restrictions, exceptional weather conditions, fire, delayed or faulty delivery by third parties, etc. In such case, the client shall be entitled to a refund of amounts already paid to Hotel Malleberg, without additional compensation, for services not yet provided.
8.2 Hotel Malleberg is not liable for damage to cars and theft of items left in the car, loss or disappearance of valuables not stored in the safe in the room or at the reception, or for goods left unattended in public areas or corridors.
8.3 The Client remains liable for the payment of debts incurred before the date of dissolution. If services were only partially provided, regardless of the time, they will be charged separately.
8.4 The liability of Hotel Malleberg and its appointee(s) shall always be limited to direct damages and shall only be invocable to the extent that such damages are the result of Hotel Malleberg’s failure to comply with its contract obligations or were caused intentionally, by gross negligence or fraud on the part of Hotel Malleberg and/or its appointee(s). Hotel Malleberg shall never be liable for or obliged to compensate any intangible, indirect or consequential damages, including (but not limited to) loss of profits, loss of sales, loss of income, production limitations, administrative or personnel costs, an increase in overhead costs, loss of clientele or third party claims.
8.5 Insofar as Hotel Malleberg depends on the cooperation, services and supplies of third parties in the performance of its commitments, it shall not be liable for any damages resulting from their fault.
8.6 The contractual and extra-contractual liability of Hotel Malleberg shall at all times be limited to the amount paid for the total stay at Hotel Malleberg, by the Client claiming liability.
8.7 If one of the parties does not execute the agreement, only partially or incorrectly, the party who has suffered damage shall notify the other party in writing within 14 (fourteen) calendar days, giving the reason and an estimate of the damage suffered. Under no circumstances shall this release the Client from the obligation to pay invoices not directly related to the damage.
8.8 Following a notice of default from the Client, Hotel Malleberg always has the right to remedy the default.
8.9 The Client and/or the guest and those accompanying them are jointly and severally liable for all damage that has and/or will occur to Hotel Malleberg and/or any third party as a direct or indirect result of an attributable shortcoming and/or wrongful act, which includes violation of the house rules, committed by the Client and/or the guest and/or those accompanying them, as well as for all damage caused by any property in their possession.
8.10 The Client agrees to treat the room rented (including the common areas of the Hotel) with care and respect. It is strictly prohibited to misuse, damage or intentionally contaminate the room (or such common areas) in any way, including, but not limited to, causing damage by destruction, leaving blood stains, human waste, or using prohibited products such as drugs, candles, candle wax and other similar substances. The Client and/or Guest and those accompanying them shall be jointly and severally liable for all damage caused to the accommodation as a result of breach of this provision. In addition to the cost of repairing such damage, damages of 250 (two hundred and fifty) Euros per violation will also be charged. Management reserves the right to take further legal action in case of serious violations.
Article 9: Lost and found
9.1 If you find a lost or discarded item in your room or other parts of the hotel building, please return it to the hotel reception desk.
9.2 We always try to return any left behind items to the rightful owner as soon as possible. However, Hotel Malleberg is not obliged to ship left behind items. If we return left behind items to the Client, shipping will be done at the Client’s expense and risk.
9.3 Hotel Malleberg acquires the property rights of objects whose rightful owner has not reported to Hotel Malleberg within one year after their abandonment.
Article 10: Corkage and kitchen fees
10.1 Client and/or Guest and those accompanying them from consuming food and/or beverages brought in by the Client and/or Guest themselves at the Hotel. If Hotel Malleberg permits the consumption of food and/or beverages brought in by guests themselves, Hotel Malleberg may attach conditions to the permitting thereof, including the charging of corkage and/or kitchen fees. These amounts shall be agreed upon in advance or, in the absence of prior agreement, reasonably determined by Hotel Malleberg at its sole discretion.
Article 11: Website and intellectual property rights
11.1 Hotel Malleberg may modify, limit or expand the form and content of its website at its sole discretion.
11.2 Although Hotel Malleberg makes every effort to ensure the optimal functioning and security of the website, possible malfunctions, interruptions, loss of data or unintentional spreading of viruses or malware can never be excluded. Hotel Malleberg cannot be held liable for this.
11.3 All documents, images, texts, designs and all other intellectual works created by Hotel Malleberg, regardless of form, remain the property of Hotel Malleberg. The Client is not permitted to distribute, copy, disclose or use them in any way whatsoever by themselves or with the help of third parties without the express prior consent of Hotel Malleberg. The Client or visitor to the website may not modify, copy, distribute, transmit, translate, distribute, display, reproduce, publish, license, transfer or sell any information, software, product or service obtained on these sites, nor create works derived from the aforementioned elements, without the prior written consent of the rights holder or Hotel Malleberg. The same applies to the extracts from works offered on this website, even if offered free of charge. Any infringement of these intellectual rights may give rise to civil and criminal proceedings.
Article 12: Processing of personal data
12.1 Hotel Malleberg and/or its appointee(s) collect and process the personal data received from the Client for the purpose of executing the agreement, confirming and fulfilling reservations, providing services, handling complaints, handling an payments and invoice collection, promotional or informational communication, client management, accounting and direct marketing activities in accordance with the General Data Protection Regulation (AVG) and the relevant Belgian legislation. The legal grounds are performance of the contract, fulfillment of legal and regulatory obligations and/or legitimate interest. Want to know more? Read Hotel Malleberg’s privacy policy on the website).
Article 13: Complaints
13.1 Any complaints about Hotel Malleberg’s services must reach Hotel Malleberg in written form (e.g., by e-mail) within 14 (fourteen) calendar days, whereupon Hotel Malleberg will acknowledge receipt of the complaint within 14 (fourteen) calendar days and thereafter deal with it as soon as possible and to the best of its ability. The Client may also transfer complaints to the Consumer Ombudsman Service of the Belgian F.D.S. Economy at https://consumentenombudsdienst.be/.
Article 14: Disputes and applicable law
14.1 In case of disputes arising out of or related to these general terms and conditions, the validity, performance or interpretation of the agreement or service, the parties will seek an amicable solution.
14.2 Belgian law is exclusively applicable to disputes relating to these general terms and conditions, the validity, performance or interpretation of the contract or service, which cannot be resolved amicably, except when the mandatory provisions on applicable law for consumers come into play and designate a different law. In case of legal disputes, the (Belgian) courts of the registered office of EMDS BELGIUM BV (owner and operator of Hotel Malleberg) are exclusively empowered, except when the mandatory provisions on jurisdiction for consumer contracts apply.
Article 15: Contact details of Hotel Malleberg
Malleberg Hotel
Hoogstraat 7
8000 Bruges (Belgium)
Tel: +32 050 34 41 11
E-mail: [email protected]
