ARTICLE 0: IDENTIFICATION
GoodStay is a brand operated by GOODSTAY SRL, with its registered office at Route du lac de Warfa 69, 4845 Jalhay.
GOODSTAY SRL is registered for VAT under the number BE1003.376.802 and is registered with the Carrefour Bank of Enterprises under the number 1003.376.802.
ARTICLE 1: TERMINOLOGY
In the general terms of sale, we use the following terms:
Intermediary: The company GoodStay srl acting in its own name and on behalf of the owners of holiday homes, markets this offer of holiday homes and proposes rental contracts for this purpose. This firm operates under a single commercial name, namely GoodStay. Contract: The contract by which the intermediary, as a commission agent, binds itself in its own name and on behalf of the owner to provide a stay in a holiday home. Client: The person or group of people scheduled for a holiday, work, or other stays, or the person(s) responsible on their behalf for signing the rental contract. Owner: The legitimate owner, the owner's representative, or the manager who makes the house available under the contract. We will use the term "owner" exclusively. Business days: Monday to Friday, excluding public holidays. Full days: Monday to Sunday, including all days. Office hours: Monday to Friday between 09.00 and 18.00 hours, excluding public holidays. Communication fees: Telephone and internet communication costs. Rates: The rates mentioned in the brochure include VAT where applicable. Arrival/Departure Date: The arrival date refers to the first day of stay. The departure date refers to the end date of the stay.
ARTICLE 2: CONCLUSION OF THE CONTRACT
The client sends GoodStay a reservation request by telephone, postal mail, email, or via the GoodStay website.
2.2. GoodStay records this request and sends the client by postal mail, email, or website an order form describing the subject of their request and in accordance with Belgian legislation. GOODSTAY checks the feasibility of fulfilling this request. To do so, GOODSTAY may contact the client to obtain further information.
2.3. The contract comes into force only when the client receives written confirmation of their reservation from GOODSTAY. This confirmation is sent either by postal mail or electronically. At this point, the reservation is considered final, the contract is concluded, and may give rise to cancellation fees in case of termination.
2.4. If the subject of the request on the order form or the subject agreed upon following an alternative request does not match the subject of the reservation, or if the reservation confirmation has not been sent within 7 business days following the sending of the order form, the client may conclude that their order cannot be honored. They then have the right to demand an immediate refund of all sums paid to date.
2.5. Provided that the reservation request is made at least ten full weeks before the arrival date - and only in this case - the client has the right to renounce the contract during a period of 14 calendar days from the day following the reservation request. This cancellation must be communicated in writing by registered letter. Reservation fees are, however, always borne by the client. GOODSTAY will confirm the cancellation after receiving this amount.
2.6. Under the same conditions, the client may transfer their reservation at no additional cost, exclusively during this 14-calendar-day period.
2.7. These provisions concerning the 14-calendar-day reflection period and the possibility of transferring a reservation at no additional cost do not apply to reservation requests made during the last 10 weeks before the arrival date. The provisions relating to cancellation are then applied as described in Article 9.
2.8. A minor may not conclude a reservation without the explicit consent of their parents or guardians.
ARTICLE 3: INFORMATION PROVIDED BY THE CLIENT
3.1. The client is required to provide the intermediary with all personal information concerning themselves and other group members that may affect the conclusion or execution of the contract before concluding the contract. This includes the quality or composition of the group, the number of adults and children, and the presence of pets. Insufficient information provided by the client may affect the execution of the contract. Additional fees may be incurred, under the conditions of Article 6, or the contract may be suspended under the conditions of Articles 11.3. and 11.6. By group composition, it is understood the number of people frequenting the house, day or night, including day visitors. The client is required to comply with the maximum number of people indicated in the house description. Exceeding the night capacity is in no case allowed. In the event of clear signs of exceeding capacity, the owner has the right to immediately check for potential violations in the building.
3.2. At the latest upon arrival at the location, the client is required to provide their bank details (account holder, address, and account number, BIC and IBAN codes) for the reimbursement of the security deposit.
3.3. If requested by a public authority, occupants will show their identity cards or passports so that their details can be transcribed into appropriate forms.
ARTICLE 4: SCOPE OF THE CONTRACT
4.1. Contract offers included in GOODSTAY publications are an integral part of the contract. GOODSTAY is not bound by obvious errors present in any of its publications.
4.2. A contract offer included in one of GOODSTAY's publications is valid only within the limits of the availability of the properties offered. GOODSTAY may at any time decide to withdraw an offer temporarily or permanently.
4.3. The client is obligated to respect the specific provisions proposed on-site by the owner. They are an integral part of the agreement made with the client.
4.4. Information contained in GOODSTAY publications is however excluded from the scope of the contract under the following conditions:
- Changes to the initial information have been communicated in writing to the client before the conclusion of the contract
- Changes to the initial information have been communicated in writing to the client after the conclusion of the contract and have been agreed upon in writing between the concerned parties
ARTICLE 5: PAYMENT TERMS
5.1. The total sum must be paid no later than eight business days from the day following the written confirmation of the order referred to in Article 2.3., as well as the amount corresponding to reservation fees and possibly a cancellation insurance premium and a damage insurance premium for holiday accommodations. In all cases, the full balance of the sum must be in the possession of GOODSTAY no later than 8 weeks before the start date of the stay.
5.2. The payment of the sum is made by electronic transfer or credit card, all bank charges being borne by the client. GOODSTAY considers the payment date as the date it has the sum in its bank account. At the request of GOODSTAY, the client must produce proof of a payment intended for them. GOODSTAY offers clients the option to pay bills via the Stripe payment system. The debit of the bank card is made at the time of payment validation by our services. All information exchanged to process the payment is encrypted through Stripe's secure payment. This data cannot be detected, intercepted, or used by third parties. They are also not stored on our computer systems.
5.3. If the payment is not made within the deadline, the client fails to meet their obligations and will receive a payment reminder from GOODSTAY, urging them to take action within a maximum period of 5 days. If after this period, the payment has not been made, the contract will be terminated by right. GOODSTAY is then entitled to charge the client cancellation fees in accordance with Article 9.
5.4. When concluding a contract, the total sum must be paid immediately, namely by telephone payment, electronic payment, or credit card. In all cases, the full payment must be in the possession of GOODSTAY no later than 8 weeks before the start of the stay. The payment must be recorded on GOODSTAY's account no later than 3 full days following the order confirmation and before the start date of the stay. Otherwise, the contract will be terminated by right with the application of Article 9.
5.5. The client who has not met their payment obligations towards GOODSTAY owes an interest of 1% per month started.
In addition, they will also owe, by right and without prior notice, a sum of 15% of the unpaid amount as damages, with a minimum of 100 EUR and without prejudice to collection costs.
ARTICLE 6: RENTAL AMOUNT
6.1. The published rental amount is per accommodation and period of stay. Reservation fees (€25) are added to this amount. Also mentioned are taxes and fees known by GOODSTAY at the time of printing the publication. These include cleaning fees, water and energy consumption fees, tourist taxes, or supplements related to pets. A security deposit may be required by the owner.
6.2. The rental amount does not include the charging of electric vehicles. Any charging of an electric vehicle carried out without prior agreement will be charged, per vehicle, at the rate of €50.00 (2-night weekend), €65.00 (3-night weekend), €90.00 (midweek or extended weekend) or €120.00 (week) in addition to a fine per electric vehicle of €75.00 immediately payable by the owner. The client may also be held responsible for damages caused to the property due to inappropriate use of the electrical installation.
6.3. In accordance with Article 9.4, the client has the option to contract with GOODSTAY a cancellation insurance as well as a damage insurance for holiday accommodations.
6.4. Where applicable, the prices and rates published by GOODSTAY include VAT. They are provided in good faith. GOODSTAY cannot be held liable for obvious errors or omissions.
ARTICLE 7: INFORMATION TO THE CLIENT
7.1. At the latest at the time of concluding the contract, GOODSTAY provides the client with the following information:
- Arrival and departure date and time.
- Rental amount
- Description of the accommodation
- Description of fees and charges payable on-site or prior to the day of arrival.
- Amount of the security deposit payable on-site or prior to the day of arrival.
7.2. GOODSTAY will also provide information regarding the conclusion and content of cancellation insurance and damage insurance for holiday accommodations. The client has the freedom to subscribe or not to these insurances.
7.3. Additional information will reach the client after the payment of the total sum due to GOODSTAY, including if applicable the security deposit as well as fees and charges prior to the day of arrival, and before the start date of the stay. In addition to the full address of the holiday home and the itinerary, they will then receive the Stay Ticket (4 weeks before their arrival), attesting to the payment of the rental amount and mentioning potential fees to be paid on-site.
7.4. Upon arrival, the client must be in possession of the Stay Ticket allowing access to the building.
ARTICLE 8: CHANGES REQUESTED BY THE CLIENT
8.1. Once a reservation is confirmed, changes that might be requested by a client regarding the terms of the confirmation, such as the date of stay, the booked property (...) incur fees borne by the client. These modifications are considered as reservation transfers and must be requested no later than 8 weeks before the start of the stay. They must be motivated, accepted by GOODSTAY, and notified in writing. The fees incurred amount to €40. The amount of the stay and the additional transfer fees must be paid according to the modalities provided in Article 5.
8.2. Within the 8 weeks preceding the start of the stay, reservation transfers are assimilated to cancellations to which the conditions of Article 9 apply.
8.3. GOODSTAY must respond to any request for a reservation transfer and make a decision as quickly as possible. If GOODSTAY cannot meet the client's request, the latter has the possibility to cancel their stay in writing, in accordance with Article 9, at the latest five days after notification by GOODSTAY.
8.4. The client cannot demand a refund in case they shorten their stay.
8.5. The transfer of a reservation is also considered the transfer by the client to a third party of their rental right. The recipient of this transfer must meet the same contractual conditions as the transferring party. This change must be communicated and processed by GOODSTAY in accordance with the previous paragraphs. Transferring party and recipient are jointly responsible for the payment of the billing amount and the reservation transfer fees (€40).
ARTICLE 9: CANCELLATION MADE BY THE CLIENT
9.1. The client has the right to renounce the contract within the strict limits of Articles 2.5 and 2.7.
9.2. The client can cancel their contract at any time, exclusively in writing by registered mail. Once the renunciation period has passed, they are however liable for reservation fees (€25), any cancellation insurance premiums, damage insurance for holiday accommodations, and cancellation fees.
Cancellation indemnities are structured as follows:
- Between the reservation date and 56 days before the start of the stay: 30% of the indemnity.
- Between the 56th day (inclusive) and the 28th day (exclusive) before the start of the stay: 60% of the indemnity.
- Between the 28th day (inclusive) and the 7th day (exclusive) before the start of the stay: 90% of the indemnity.
- Between the 7th day (inclusive) before the stay and thereafter: 100% of the indemnity.
9.3. The cancellation takes effect on the business day during which GOODSTAY becomes aware of the client's written notice, the postmark being proof, provided that this awareness occurs during office hours. Otherwise, it takes effect the next business day.
9.4. It is at the client's discretion to subscribe to cancellation insurance with the insurer of their choice. GOODSTAY allows, without any obligation, to subscribe to this insurance. In such a case, the client acknowledges having read and accepted all the terms of the insurance contract, concluded between them and the insurer. GOODSTAY undertakes no obligation in this regard.
ARTICLE 10: CHANGE OR CANCELLATION MADE BY GOODSTAY
10.1. GOODSTAY has the right to refuse a reservation without giving a reason.
10.2. GOODSTAY has the right to change the destination of the stay (= holiday home) due to special circumstances. Special circumstances refer to events that could prevent the provision of essential elements included in the rental contract. If the cause of this change can be attributed to the client, the amount of the damage will be charged to the client. If this change is the responsibility of the owner or GOODSTAY, the amount of the damage will be charged to them under the conditions of Articles 10 and 12. If this change is neither the responsibility of the owner, the client, nor GOODSTAY, each party will bear its own damage.
10.3. In the case where the change is not the responsibility of the client, GOODSTAY is obliged to offer a stay offer of at least equivalent quality to that of the contract. This equivalence of quality is assessed based on various criteria such as the location and situation of the accommodation, its level of comfort, and the facilities offered in the lodging. The composition of the group and the client's written desiderata will also be taken into account.
10.4. For a change before the date of the stay that is not the responsibility of the client, and in case the client wishes to refuse the alternative stay proposal, they must mention this to GOODSTAY within 3 business days following the announcement of this alternative, or in any case before the start of the stay. At that time, GOODSTAY has the right to cancel the contract immediately, and the client has no other right than the reimbursement of the amounts disbursed.
10.5. In case the client accepts a reservation change before the date of the stay, a new reservation document, either an addendum to the old document, is established by GOODSTAY, mentioning the new rental conditions.
10.6. If, due to special circumstances occurring during the duration of the stay, a change or cancellation not the responsibility of the client must be made, GOODSTAY has a period of 2 business days (48 hours) to inform the client and offer an equivalent alternative solution. If GOODSTAY is not able to offer an equivalent alternative solution or if the client does not accept this solution, GOODSTAY will be forced to terminate the contract and refund the client a portion of the price of the stay calculated on a prorated basis of the balance of days rented and not occupied. An additional compensation might also be calculated based on the prejudice suffered by the client and based on written documents. This compensation may not exceed the rental amount. The right to compensation does not apply in cases of force majeure.
10.7. GOODSTAY reserves the right to suspend or cancel the contract before the start date of the stay without payment of any compensation in case the client has not fulfilled their payment obligations for the stay. The client is then also liable for cancellation fees. GOODSTAY also reserves the right to interrupt the rental contract during the duration of the stay under the conditions of Article 11.
ARTICLE 11: CLIENT'S LIABILITY
11.1. The person who on behalf of or for the benefit of a third party concludes a contract is jointly responsible for all obligations resulting from the contract. Thus, they are legally responsible for the actions of the other members of the group, including damages and prejudices committed by them.
11.2. The client is required to respect the dwelling, its neighborhood, and its environment including noise. They use the house as a good family father, according to the instructions given by GOODSTAY or the owner on site. They agree to cover their liability for rental risks such as glass breakage, fire, and water damage.
11.3. The client who by their behavior causes or could cause inconveniences such that they endanger the good execution or continuation of the contract can expect GOODSTAY or the owner to take appropriate measures accordingly. The costs resulting from an interruption of the rental are borne by the client as long as the inconveniences and nuisances can be attributed to any of the occupants. Any compensation to the client is in this case excluded.
11.4. The client is required to immediately inform the owner of any damage or prejudice to the rented building or its contents. Repairs and purchases following this event will be immediately compensated by the client to the owner. The client is responsible for any damage and prejudice caused by them, by any occupant, or by a possible visitor, even in the case where these are noticed after departure. For this, GOODSTAY or the owner will issue an invoice payable no later than 30 days following the invoice date. In case of non-payment of an invoice at its due date, GOODSTAY will send the client a notice via a letter/email to their address. In case of non-payment of invoices at their due date, damages and interest of ten (10) % of the invoice amount will be due by right and without prior notice, with a minimum of 100 Eu. In addition, a late interest of ten (10) % on an annual basis will be due, from the invoice date until the day of full payment. The amount of the rental security paid by the client to the owner or to GOODSTAY and not refunded to the client after deducting possible other fees and charges is to be debited from the amount due.
11.5. The client is required to respect the arrival and departure times as provided in the rental contract. Any difficulties will be communicated to GOODSTAY or the owner as soon as possible to make arrangements and agree on another arrival time. In case of exceeding the departure time by the client, GOODSTAY is entitled to demand payment for an additional day's rent.
11.6. The client is required not to exceed the number of people a rented building can contain. In case of exceeding, the owner or GOODSTAY is entitled to refuse access to the building or to expel its occupants without the client being able to demand compensation.
11.7. The owner is also entitled to refuse access to the building without compensation in case the client is accompanied by one or more domestic animal(s) and thus contradicts specific information relating to limitations or access prohibitions either in the house description or in the Stay Ticket. Some owners accept the presence of one or more dogs with or without a cleaning fee. However, the presence of a domestic animal must in all cases be the subject of a specific and prior request to GOODSTAY, duly accepted in writing.
11.8. The amount of the security deposit and its due date are indicated both in the house description and the Stay Ticket. Unless otherwise agreed, this amount is deposited in the hands of GOODSTAY. In case of non-payment (full) of the security deposit amount, whatever the cause, the owner or GOODSTAY is entitled to refuse access to the building without the client being able to request any compensation. The contract is then considered terminated on the date of the start of the stay, at the fault of the client.
11.9. Also payable at the time of key handover are water, energy, and other on-site fees established by package (e.g., heating fees per day, tourist taxes, garbage, cleaning, etc.) and not calculated on a prorated basis of consumption indexes. Fees calculated on a prorated basis of consumption indexes and according to market unit prices (e.g., heating oil fees calculated per liter of consumption), or consequential to damages, fines, and prejudices are payable at departure. They may be debited from the amount of the security deposit if it is returned at a later date than the day of departure.
11.10. The client is required to return the building and its contents in a tidy and clean state, even if additional cleaning is provided by the owner. In particular, the house must be swept, the dishes washed and put away, and any moved furniture must be returned to its original position.
11.11. Particular care is taken with bedding. Unless otherwise agreed, the client must bring and use their own bed covers and sheets to protect pillows, duvets, blankets, and mattresses provided by the owner. If it appears that this material is soiled, the owner reserves the right to deduct from the security deposit for additional cleaning costs.
ARTICLE 12: LIABILITY OF GOODSTAY
12.1. GOODSTAY is responsible for the proper execution of the contract based on the reasonable expectations of the client based on contractual obligations.
12.2. The liability of GOODSTAY cannot be invoked in the following cases:
- Failure occurs due to the fault of the client,
- The failure is attributable to a third party unconnected to the current contract (including the owner),
- The failure occurs following an event relating to a third party whose services are part of the contract, while all possible measures have been taken to prevent or remedy this failure,
- The failure results from a case of force majeure as defined under Article 10.4.
12.3. In these different cases, GOODSTAY and the owner will provide help and assistance to the client within the limits of what can reasonably be expected from them. Any possibly incurred costs will be borne by the client if the failure occurs due to their fault. If neither the responsibility of the client, the owner, nor GOODSTAY can be invoked, each party will bear its own damage.
12.4. If as a result of a failure, the liability of GOODSTAY is invoked in the sense of Article 12, this liability will be limited or excluded in accordance with applicable international legislation.
12.5. In the event of an incident covered by an insurance policy, compensation may be paid to the client by the insurance company with which they have subscribed.
12.6. Neither GOODSTAY nor the owner is responsible for losses, thefts, damages, injuries, and omissions caused to or by clients and/or occupants during their stay.
12.7. GOODSTAY is responsible for the correct execution of the contract and acts or deficiencies committed by its employees acting within the scope of their function. Any agreement or consent granted by GOODSTAY must necessarily be confirmed in writing, failing which it is deemed non-existent.
12.8. In all cases where the liability of GOODSTAY is engaged, the compensation that it might owe in reparation for any prejudice suffered, direct or indirect, cannot exceed the rental amount.
ARTICLE 13: SECURITY DEPOSIT
13.1. In the case where a procedure for the deferred reimbursement of the security deposit is applied, the security deposit possibly reduced by the fees of the stay on site or damages and prejudices caused by the client will be reimbursed within 15 days following the end of the stay. This period of 15 days may optionally be extended in case the owner, despite their manifest goodwill, was not able to obtain the correct banking details of the client (account number, BIC number, IBAN number) useful for a reimbursement of the security deposit without deduction of bank charges. This procedure for the deferred reimbursement of the security deposit allows the owner to carry out an inspection of the premises after the client's departure and thus ensure the absence of rental damages.
ARTICLE 14: COMPLAINTS
14.1. GOODSTAY operates a selection of its offer and validates its quality. The descriptions of the holiday homes included in the publications of GOODSTAY are made in good faith and include both objective and subjective elements. As far as possible, GOODSTAY updates its entire databases related to its offer. In case a client should nevertheless express dissatisfaction, GOODSTAY will do its best to handle their complaint correctly and efficiently.
14.2. A complaint prior to the execution of the contract must be immediately communicated to GOODSTAY by registered mail.
14.3. A failure noticed during the execution of the contract must be communicated immediately and no later than 24 hours (under penalty of forfeiture) to the owner so that arrangements can be made immediately amicably or proof of this failure can be established. If the complaint cannot be resolved at that time with the owner, the client is required to contact GOODSTAY within 48 hours at the latest to find a solution to the problem raised.
ARTICLE 15: PRIVACY PROTECTION
15.1. To meet the wishes of current and potential clients, GOODSTAY practices an analysis of their needs. In accordance with national and European legal provisions relating to mail-order and distance selling, it is however appropriate that the commercial information collected is consistent with the legitimate protection of the privacy of clients. They also have the right to be informed about the use of these data concerning them. They also have the right to corrections and oppositions.
ARTICLE 16: DISPUTE RESOLUTION
16.1. All texts produced by GOODSTAY electronically as part of its activity and relating to its documents, provisions, and procedures will be considered as texts similar to those produced in a printed version and will have the same effects.
16.2. In the case where one of the provisions of these conditions of sale is deemed null or not applicable, that provision must then be replaced by a legal prescription that is as close as possible to the initial provision. The other provisions relating to the conditions of sale will not be affected.
16.3. In the event of a dispute, the client has the option to file a complaint online with the European Commission.
16.4. The contract is governed by Belgian law. Any dispute arising from this agreement will fall under the exclusive jurisdiction of the courts of the judicial district of Liège-Huy-Verviers
These conditions are also mentioned with an order summary in the reservation confirmation letter.