General terms and conditions

Appendix to contract rental holiday home Hollebeke, Eekhofstraat 23

Art 1: Object

The lessor gives the lessee, who agrees, a fully furnished holiday home for rent, located at Eekhofstraat 23, 8902 Hollebeke.

The rented domain also includes a large inner garden with benches, playground, various parking spaces and an outbuilding with a lounge, bicycle storage, toilet and a playroom on the first floor.

The parties agree on how many people may be occupied by the rented property.

Tents, caravans, mobile homes are not allowed.

Pets are not allowed.

A general smoking ban is applicable in the home (incl. the bar with a relaxation area) and the outbuilding.

Architecture: The house has a copper finish that may not be damaged in any way whatsoever (no scratches, or dents); the lessor requests the lessee to pay attention to and have respect for the architectural appearance of the building. As a precaution in this regard, push-bikes, stunt steps and skateboards are prohibited on the site, and no balls (basketballs, footballs, tennis balls) may be thrown against the façade.

Art 2: Condition and inventory

The lessee accepts the rented property in the condition it is in upon entering, as evidenced by the detailed inventory of the property that he has been supplied with.

The lessee undertakes to render the property to the lessor in the same condition as in which he received the property, in accordance with the inventory of the property.

The lessee is obliged to use the rented property and its contents properly and with due diligence.

This includes, amongst others, the closing of windows, blinds and doors in case of wind/rain/(temporary) leaving of the house and the closing of the buildings securely during the night and in case of absence.

The lessee will leave the rented property in good condition on departure, clean and tidy (broom clean), deposit the bed linen in the entrance hall, empty the dishwasher and tidy up the washed dishes in drawers/cupboards, clean household and sanitary equipment, empty garbage bins and deposit the waste in the containers intended for this purpose in the waste zone, all access badges must be left behind in the letterbox provided for this purpose.

The lessee will be liable for damages or losses that have occurred during the rental period, including damage to or loss of (part of) the household effects, unless he can prove that the damage cannot be imputed to him, his family members, travelling companions or guests (Art. 1732 Civil Code). The amount that is paid out under any insurance policy will be deducted from the amount of the damage.

The lessee will be liable in case of a fire, unless he can prove that the fire has originated through no fault of his own (Art. 1733 Civil Code).

In the event of serious changes to the rented property due to damages, each party may demand that a new inventory of the property, or an addendum, is drawn up and that the costs are shared equally and in contravention.

The lessee must inform the lessor immediately in writing of eventual harm or damages, even if this falls outside the lessee’s obligation with regards to repairs. Should he fail to report such harm or damages, the lessor has a possible legal claim against the lessee for the damage caused due to negligence.

Art 3: Designation

The property is rented out for personal use. The lessee must respect this designation (Art. 1728 Civil Code)

The parties agree that the rented property will not serve as the principal residence of the lessee. The reason for this is the natural destination of the property as a holiday home and for relaxation, and this for a short duration. During the term of the rental agreement, the lessee will retain his principal residence at the address indicated by him in the rental agreement.

The lessee undertakes not to establish his main residence in the rented property, not even after signing this agreement. The Housing Rental Act will therefore not apply to this agreement.

Entrances and exits, in particular access to the carport outbuilding, and communal passages must always be kept free. Costs resulting from the towing or removal of objects left by the lessee in these places will be borne by the lessee.

Should the lessee fail to fulfil the obligations stated in this article regarding the designation of the property, the lessor will regard this as a serious shortcoming on the part of the lessee. Should the lessee use the property for other purposes, the lessor can terminate the agreement prematurely, provided that a notice period of 2 days is given.

In addition, even if the lessor does not terminate the rental agreement, he is legally entitled to compensation, including all additional taxes to which the lessor is bound by the mere fact that a professional activity is exercised in the rented property, in addition to eventual termination/damage compensation, as provided for in Art. 11 of this agreement.

Art. 4: Fixed-term rental duration

The parties agree on the duration of the rental agreement.

The lessee cannot tacitly invoke re-hiring if he remains in the property after the rental period, even though he was reminded to vacate the property (Art. 1739 Civil Code).

Art 5: Price

The parties agree on the rental price, including garbage bags, containers, kitchen linen, bed linen (sheets, pillowcases and duvet covers), bathmats and the final cleaning.

The consumption of water and electricity is not included in the rental price and will be charged separately (+ 6% VAT).

The lessee must take care of bath towels himself.

The deposit of 30% of the rental price must be transferred by the lessee to the lessor’s bank account number Eracon bvba IBAN BE41 3630 7110 7710 BIC BBRUBEBB within 7 days of the lessor sending the contract and the lessee must return the signed contract to the lessor (Beselarestraat 40, 8980 Zonnebeke).

The reservation will only become definitive after the lessor has received the signed contract and the deposit.

The balance of 70% of the rental price is payable at least 4 weeks before the commencement of the rental agreement (together with the deposit – Art. 9).

Reservations for stays within 4 weeks must be paid in full immediately, together with the deposit.

Art 6: Cancellation

In the event of late payment, the lessee will be in default, which automatically implies that the rental will be cancelled, whereby the lessor can retain the advance payment of 30% of the rental price as compensation.

If, for whatever reason, the lessee is unable, not willing or wanting to accept the rented property on the agreed date, he must inform the lessor in writing (via e-mail or letter) immediately. A telephone communication alone is not sufficient.

If the lessee cancels the agreement in the period between the reservation and 2 weeks before the commencement of the rental period, he will still owe 30% of the rental amount; if cancelled between 2 weeks and 1 day before the start date of the rental period, he will still owe 50%.

If the lessee only states on the commencement date, or during the rental period, that he will not (no longer) make use the rented property, he will still owe the full rental amount.

Moreover, if the rent, or any other compensation to which the lessee is obliged to pay, pursuant to this rental agreement has not been paid at the specified time, the lessor will also be entitled, by law, to a default interest equal to the legal interest rate.

The lessor has the right to cancel the rental contract in case of force majeure (for example, fire, storm damage, etc.). Then the lessor will not owe any compensation to the lessee, but the lessor must immediately repay the advance, the rental balance and the deposit, if these had already been paid.

Art 7: Transfer of the rent or sublease

The lessee is forbidden to transfer his rights with regards to the rented property, or part thereof, and he may not sublet the property or part thereof. 

In the event of subletting or transfer, the property may not serve as the principal residence of the subtenant or transferee under any circumstances whatsoever, nor may the property be given any other purpose that is excluded by Article 3 of this agreement.

Art 8: Amendments and renovations

The lessor is not permitted to implement amendments, renovations or refurbishments. 

The lessee will under no circumstances be entitled to compensation in the event of partial non-use of the rented property.

This also applies in the event of urgent repairs that the lessor has carried out and that cannot afford any delay (Art. 1724 Civil Code).

Art 9: Deposit

The lessee undertakes to pay the agreed deposit onto the bank account of the rented property Eracon bvba IBAN BE41 3630 7110 7710 BIC BBRUBEBB, 2 weeks before the commencement of the rental period as security of his obligations.

The lessor obtains a preferential claim with regards to this deposit for each claim due to total or partial non-compliance with the lessee’s obligations.

The deposit will only be released to the lessee within 2 weeks after the rental period, after the lessor had the opportunity to verify the location, provided that the lessee has met with all his obligations and has compensated eventual damage or loss caused to the rented property . Eventual bank charges associated with this will be borne by the lessee.

This deposit also serves to replace broken windows, blinds, damaged copper façade cladding and mirrors with others of the same quality and value, even if the damage had been caused by unforeseen circumstances. The lessee undertakes to pay the surplus if it appears that the deposit is insufficient.

When the deposit is refunded, the electricity and water consumption will be deducted from the deposit.

The handing over of the access badges by the lessee to the lessor, or his proxy, at the time of departure will not in any way imply a renunciation by the lessor of any rental damage that is to be settled.

Art 10: Responsibility

The lessor disclaims any liability with regards to accidents, theft or damage incidents that would occur in and/or around the domain during the rental agreement period. The lessee will be responsible for theft and damage to the household effects if the theft happens without any traces of burglary.

In the event of an interruption in the supply of gas, water or electricity or internet connection, the lessor cannot be held responsible for the damage suffered, nor for the loss of profit or the deprivation of usage and enjoyment.  The lessee undertakes to report any defect to the lessor, or his proxy, immediately.

Art 11: Dissolution

Dissolution of the rental agreement could occur due to the non-fulfilment of the obligations of the lessee or the lessor.

In the event that this agreement is dissolved due to the fault of the lessee, the lessee must pay a re-rental compensation equal to 30% of the rental amount, increased, if necessary, with a compensation for damage due to misuse (Art. 1760 Civil Code)

The application of the damage clause does not count to cover eventual rental damage under any circumstance whatsoever.

The same amount will be paid by the lessor to the lessee, should the lessee acquire the termination of the rental agreement from the competent court due to a serious fault on the part of the lessor.

Art 12: Disputes

All disputes that this contract could give rise to fall under the exclusive jurisdiction of the justice of the peace of the district of Ypres. This agreement is governed by Belgian law.