1. Definitions

- The present General Terms of Sale ("GTS") are form an integrating part of and are applicable on every agreement that has as an object the sale of hotel services ("the Service") by the company New Hotel des Lives Sprl with registered offices at 5101 Namur (Lives sur Meuse), Chaussée de Liège 1178, KBO n° 0456.267.214 ("the Service Provider") to any private person or legal entity that buys the Service in its own name and for its own account ("the Client"), or in name and for the account of whom the Service is bought by a third person (the "Third Person").
- The Service Provider is the operator of the hotel New Hotel De Lives, based in the registered offices of the Service Provider ("the Hotel"). The Service Provider is an independent operator within the Best Western International chain of hotels.

2. Opposability

No derogation to the present GTS will be accepted unless it has been agreed upon explicitly and in writing. A derogation to one of the clauses of the present GTS does not affect the other clauses of these GTS, so that these will remain applicable and unchanged. No other general terms that the Client or the Third Person might refer to are opposable to the Service Provider. The present GTS are to be considered as having been accepted by the Client and the Third Person at the latest at the date of the Order Confirmation specified in article 3.

3. Reservation

a) Method of reservation:
- All reservations are to be made in writing (e-mail, fax, and regular post), or through the Service Providers website www.newhoteldelives.com ("the Website").
- Only reservations made less than 24 hours before arrival of the Client at the Hotel can, subject to the agreement of the Service Provider, be made by telephone. Reservations made by telephone will only be hold until maximum 18 'o clock.

b) On line reservation form:
All online reservations are to be made through the reservation form that has been put in place for that purpose ("the Reservation Form"). The Reservation Form contains the identification data of the Service Provider and of the Hotel, the details of the reservation and a hyperlink redirecting to the present GTS.

c) Order Confirmation:
All reservations are subject to prior acceptance and written confirmation by the Service Provider, with the exception of the cases mentioned under a) paragraph 2 of the present article ("the Order Conformation"). Only confirmed reservations are binding the Service Provider. With the exception of the cases mentioned under article 8 paragraph 1 of the present GTS, no reservation can be cancelled without prior written agreement of the Service Provider, who in that event will be entitled to keep any advanced payment that has already been made, and this in accordance to article 8 paragraph 2 of the present GTS.

4. Advanced Payment

- The Service Provider is entitled to demand an advanced payment of 25 % for all reservations made from less than 24 hours up to 7 days in advance, of 50 % for all reservations made from 7 to 15 days in advance, of 75 % for all reservations made from 15 to 20 days in advance and of 100 % for all reservations made more than 20 days in advance ("the Advanced Payment").
- The Client explicitly authorizes the Service Provider to debit the Advanced Payment from the Clients credit card account, of which he voluntarily puts the card number at the disposal of the Service Provider upon reservation. The Advanced Payment will be debited by the Service Provider upon Order Conformation or at the latest at the arrival date of the Client at the Hotel.

5. The Service

a)Price - Indexation:
- All offers, tariffs and deals ("the Offers") are advertised exclusively through the website and are mere indications. They may vary depending on the season and/or certain events. The Offers do not bind the Service Provider and are only valid if advertised on the Website.
- The service price ("the Price") is always advertised per night, VAT included (at 6% or 21%, depending on the service) and residence tax excluded (1,25 Euro per person per night at the time of the present GTS). Prices are specified in the Order Confirmation.
- The Service Provider is allowed to adapt his Prices annually with maximum 10%. All Price changes and the date of their effectiveness ("the Price Changing Date") will be advertised by the Service provider on the Website and at the Hotel reception desk. Price changes will not be charged to reservations that are confirmed prior to the Price Changing Date.

b) Services:
All services that are included in the Price are mentioned on the Order Confirmation. All Services mentioned on the Order Confirmation even if not effectively used, will be charged to the Client.

c) Place of Service:
Save written derogation and subject to the content of article 6 a) paragraph 2, all Services are rendered in the Hotel.

d) Duration of Service:
The duration of the Services is mentioned in the Order Confirmation. Failing contrary mention in the Order Confirmation, all overnight stays commence at 16 pm and end the following morning at 11 am.

e) Complaints:
All complaints concerning the Services have to be made immediately to the Service Provider or brought to the knowledge of the Service Provider by registered mail at the latest within three working days after the Client has left the Hotel. In the absence of a written complaint within the abovementioned time limit, the Service will be irrevocably and unconditionally accepted by the Client and by the Third Person, who in that case renounce all action against the Service Provider.

6. Obligations

a) Obligations of the Service Provider:
- The Service Provider has to put at the disposal of the Client the room and the Services mentioned in the Order Confirmation.
- If the Service Provider is unable to put at the disposal of the Client the room mentioned in the Order Confirmation, he will offer the Client a different room of the same standard or higher and possibly take all related costs at his charge.
- The Service provider is held by an obligation of means, not of result.

b) Obligations of the Client:
- The Client undertakes to present a valid personal identification document upon request by the Service Provider, and to offer the Service Provider all useful information allowing him to fill out the police form.
- The Client undertakes to comply with the internal rules of the Hotel, which are available on the Website under the field "legal information and internal rules", as well as in every room of the Hotel and at the Hotel reception desk.

c) Obligations of the Client and of the Third Person:
The Client and the Third Person are jointly and severally held to pay the Price as specified in article 11 of the present GTS.

7. Liability

a) Exclusion of the Service Providers liability:
- The Service Provider reserves itself the right to suspend or end the execution of its obligations and all reservations in any event of force majeur, depending on the temporary or definitive nature of the event of force majeur. The following events are in any case to be considered as events of force majeur: absence of (part of) the staff or personnel, strike, fire, flooding, the impossibility to enter the Hotel or other places where the Services are rendered, insurgency, riots, accidents, block-outs of means of (tele)communication, partial or complete interruption of data flows needed to render the Services or any other cause independent of the Service Providers control. This list is not exhaustive.
- In case of non execution of its obligations by a third party to whom certain services are appointed or in case of direct or indirect damages incurred by one of the parties or by a third party.
- In case of a network "hacking" or any other internal or external act of network piracy.
- In case of errors in the online Offers on the Website.
- In case of self inflicted damages, even partially, by the Client.
- In any event, the Service Provider's liability will be limited to the value of the Hotel Services agreement between himself and the Client.

b) Liability of the Client:
The Client will be liable for all damages inflicted by himself, persons accompanying him or persons that are in his charge to the Hotel building, its internal and external dependences (gardens, drive ways, etc.), all Hotel furniture and all physical persons.

8. Cancellation - Compensation

- The Client is entitled to cancel his reservation without costs by way of a written notification to the Service Provider at least 30 days before the arrival date mentioned in the Order Confirmation ("the Arrival Date"). In that case all debited advances will be reimbursed by the Service Provider.
- In case of cancellation less than 30 days before the Arrival Date, the Service Provider will be entitled to keep the Advanced payment.

9. Right to renounce

In application of the Royal Decree of 18 November 2002, that excludes the distance selling of Hotel Services and restaurant services from the scope of the articles 79 en 80 of the law of 14 July 1991 on trade practices and client information, the Client, if to be considered as a consumer under the scope of the law of 14 July 1991, does not dispose of a right to renounce the sale.

10. Resolutory clause

The Service Provider is entitled to resolve all pending reservations in part or in total with immediate effect and without compensation or formal notice in case of non respect by the Client or the Third Person of their obligations.

11. Payment

- Payments can be made in cash or by way of debet or credit cards of Visa, Mastercard, Bancontact, American Express, JBC. Save written derogation in the order Confirmation, all invoices are due immediately upon issue and payable in cash or by money transfer to the Hotels bank account n° 001-2599031-89, Swift-Bic code: GEBABEBB - IBAN Code: BE45-0012-5990-3189 (FORTIS Bank).
- Any invoice that remains unpaid on the due date if this due date is posterior to the departure of the Client from the Hotel will be increased by a annual interest of 15 %, and will be increased by a standard compensation fee of 20 % of the invoice with a minimum of 150 Euro if the Client is not a consumer under the scope of the law of 14 July 1991.
- The Service Provider has a right to retain all goods brought into the Hotel by the Client and this as a means of security ensuring the payment of all sums payable to the Service Provider.

12. Collection costs

All direct or indirect costs caused by the non respect by the Client or the Third Person of their obligations, including lawyers fees and fees for technical experts, will be jointly and integrally incurred by the Client and the Third Person.

13. Evidence

Through the electronic acceptance of the present GTS the Client and the Third Person commit to their content. The Client and the Third Person explicitly accept that all electronic copies made by or saved in the Service Providers computer system will have the same force of evidence as a handwritten document.

14. Notification

All notifications or complaints based on the present agreement have to be made in writing, by registered mail against delivery sheet or have to be handed over in person against delivery sheet to New Hotel De Lives Sprl, Chaussée de Liège 1178 - 5101 Namen (Lives-Sur-Meuse), or to the postal address of the Client and/or the Third Person as mentioned on the Reservation Form. Each party has the right to change its address to a new Belgian address if the counterparty is notified of this change.

15. Disputes

All disputes concerning the negotiation, the closing, the interpretation, de execution and the resolution of the present GTS will be brought, to the Service Provider's choice, before the Brussels courts or before the courts of the Clients residence. The present GTS are subjected to Belgian law and all judgments will be rendered based on Belgian law.

16. Prevalence of the original version over translations

In case of dispute, the original French version of the present GTS will prevail over all translations.

Copyright © 2007-2008, New Hôtel De Lives s.p.r.l.