General Terms and Conditions

Version 1.0 - 04/10/2021

1. Acceptance of the General Terms and Conditions

1 ) These general and special terms and conditions of sale apply to all contracts and apply to both consumers and traders.

2) These terms and conditions are stated on the back of the hotel bill as well as published on the hotel website. By this fact, the customers, co-contractors and all third parties declare that they agree with these general and special terms and conditions, that they are aware of them and that they accept all the clauses thereof, unless expressly agreed otherwise.

3) The customers, co-contractors and third parties expressly agree that the present conditions shall apply to all future transactions, irrespective of any further written confirmation, and in particular to agreements concluded verbally, by telephone, by telex, by fax, by e-mail or by any other electronic means.

4) Conditions deviating from these terms and conditions, which have not been expressly accepted by Fuths Penthouses in writing in advance, have no legal effect with regard to Fuths Penthouses, even if they are not expressly contested.

5) The annulment of an article or a clause never entails the annulment of all the general conditions.

2. Offers and orders

1) The offers made by Fuths Penthouses are without obligation, unless expressly agreed otherwise.

2) Any offer or quotation made by Fuths Penthouses can be withdrawn by Fuths Penthouses until the client, co-contractor or third party has notified its written acceptance and automatically expires 10 days after the date, unless a different period is mentioned on the offer or quotation.

3) Fuths Penthouses only considers a booking confirmed by the client when the client has provided a valid credit card or has transferred the full amount of the booking to the account number of Fuths Penthouses.

4) Each booking binds the clients, co-contractors and all third parties, but only binds Fuths Penthouses definitively in writing and after payment of the requested amount or supplying a valid credit card number.

3. General terms and conditions

1) Fuths Penthouses is authorised to transfer all rights resulting from any agreement to a third party.

2) The client, co-contracting party or third party undertakes not to remove any publicity of Fuths Penthouses.

3) Force majeure, strike, lock-out... or any other unforeseeable event preventing Fuths Penthouses from properly executing the agreement, is expressly accepted as a valid reason to terminate the agreement, without being obliged to pay any damages.

4) All services and performances of Fuths Penthouses should in any case be consideredas obligations of means and can never be considered as an obligation of result.

4. Price

1) The agreed price is only valid during the agreed price fixing period.

5. Terms of payment and invoicing

1) All invoices of Fuths Penthouses under 25,00 Euros are payable in cash and withoutdiscount when leaving the hotel. If the invoice amounts to more than 2.500 euros, payment must be made within 8 calendar days of the invoice date.

2) The exceptional authorisation of any other method of payment can only be made inwriting and can never entail the novation, alteration or abolition of the general terms and conditions of Fuths Penthouses.

5. Terms of payment and invoicing

1) All invoices of Fuths Penthouses under 25,00 Euros are payable in cash and withoutdiscount when leaving the hotel. If the invoice amounts to more than 2.500 euros, payment must be made within 8 calendar days of the invoice date.

2) The exceptional authorisation of any other method of payment can only be made inwriting and can never entail the novation, alteration or abolition of the general terms and conditions of Fuths Penthouses.

6. Acceptance of the invoice

1) No complaint against Fuths Penthouses' invoices will be accepted if it is not done by registered mail within 10 calendar days of the invoice date. Payment of the price always implies acceptance of the bills, invoices or hotel bills.

7. Non-payment

1) If payment has not been received by Fuths Penthouses within 14 calendar days (both inland and abroad) of the invoice date, late-payment interest of 12% per year from the invoice date will be owed, ipso jure, and without prior warning or notice of default.

2) The amount of the invoices that remain unpaid within 14 calendar days of the invoice date will be increased by 10%, with a minimum of 100 euros, by way of compensation for Fuths Penthouses for all its extra judicial expenses, loss of time, administrative costs and correspondence. The compensation will be due without prior warning or notice of default and without prejudice to the principal sum, interest and possible legal costs.

3) In the absence of receipt by Fuths Penthouses, within 14 calendar days of the invoicedate, of the cash payment of a single invoice, all invoices shall become immediately due and payable by operation of law.

4) Furthermore, Fuths Penthouses is not obliged to carry out any further deliveries or services under any agreement before settling the overdue invoices.

8. Cancellation conditions

1) Below you will find the conditions that apply in the event of cancellation. The amounts and percentages shown are to be paid by you.

2) The special conditions have priority over the generic ones.

     Generic conditions (Individual booking) Refundable:

      - Up to two days before arrival - free of charge

      - From two days or less before arrival - the full stay

      - In case of no-show - the full amount of the stay.

     Generi cconditions (Individual booking) Non - Refundable:

      - Cancellation at any date prior to arrival - the entire stay

      - In case of no-show - the full amount of the stay.

9. Damages and liability

1) All damages caused to hotels by clients, co-contractors or third parties shall be repaired at the expense of the clients, co-contractors or third parties. Loss of profit caused by damage may also be charged for (flat not rentable for one or more days). The minimum amount for damage is €150.00.

2) Fuths Penthouses can never be held responsible for parked vehicles, whatever the cause.

3) Fuths Penthouses only assumes responsibility when a custody agreement has been made in writing with a hotel employee authorised to store objects.

4) Fuths Penthouses is not responsible for services rendered by third parties, nor forthe remuneration of these services.

5) Fuths Penthouses can never be obliged to pay damages amounting to more than 5% of theprice, even if Fuths Penthouses has accepted a clause stating otherwise.

10. Right of retention

1) Fuths Penthouses is entitled, on the basis of all the lapsed claims to which it is entitled under the agreement and the present terms and conditions, to exercise a right of retention over the goods or other values in its possession and     to regard them as security for the fulfilment of the obligations to which the client, co-contracting party or third party is subject.

2) The goods entrusted to Fuths Penthouses are considered to form part of one and the same indivisible contract, even if this contract is executed in successive performances.

3) The above provisions apply without prejudice to other securities which Fuths Penthouses may invoke under the law or any agreement.

11. Jurisdiction

1) The Vredegerecht (justice of the peace court) of the first canton in Antwerp and the courts in Antwerp have exclusive jurisdiction to take cognisance of and to rule on all disputes that have arisen.

2) Each dispute will first be submitted to a mediator approved by the Federal Commission.

3) Only Belgian law is applicable to the contractual relationship between Fuths Penthouses and the buyer, unless otherwise stipulated by treaty.