Terms and conditions

Article 1. Scope, purpose and inventory

1.1. Purpose
These general terms and conditions apply to all rental contracts concluded with AGRO-ENERGIE SRL, whose registered office is located at 4, rue des Carondelet, 7534 Maulde, registered with the Crossroads Bank for Enterprises under number BE 0421.480.242 (hereinafter referred to as «the lessor»). They apply to the rental of the event venue, the rental of the adjacent tourist accommodation gîtes, or the joint rental of these spaces (hereinafter collectively referred to as «the rented property»). The contract or quotation specifies the exact nature of the
reserved spaces. The signing of the contract by the customer (hereinafter referred to as «the lessee», whether a business or a consumer) implies express acceptance of these terms and conditions and of the appended internal regulations (ROI).

The rentals referred to in these general terms and conditions include the facilities located at 6, rue de la Pédard in 7534 Maulde within a real estate complex called the Cense d'Abaumont, comprising the following:

  • the event venues at La Cense d’Abaumont (i.e. the Orangerie, the Fenil and the Atelier)
  • two holiday cottages, each sleeping 6 people (i.e. Le Clos and La Tour)
  • the 14-person holiday cottage (l’Hostellerie)

1.2. Information and visit
The client (hereinafter referred to as «the lessee») confirms that they have received complete information regarding the qualities of the rooms prior to signing. They acknowledge that they have visited the premises and have familiarised themselves with the furniture and equipment provided. The condition of the latter is confirmed by the signing of a joint inventory of fixtures.

1.3. Acceptance
Signing the quote or rental agreement implies express and unreserved acceptance of these terms. These terms take precedence over any general or specific terms of the lessee, barring prior written agreement from the lessor.

 

Article 2. Booking and right of withdrawal

Deposit
The lessor reserves the right to cancel the booking, by simple written notice and without compensation, if a deposit of 30% is not paid within 8 calendar days of the date on which the tenancy agreement is signed.

2.2. Exception to the right of withdrawal (B2C)
In accordance with Article VI.53, 12° of the Belgian Code of Economic Law, the consumer lessee does not have the 14-day right of withdrawal, as the contract provides for the provision of services on a specific date.
The professional lessee (B2B) does not benefit from any right of withdrawal.

 

Article 3. Rates, payments and rental deposit

3.1. Balance and deposit
The making available will only be effective after payment of the balance of the rent and a rental deposit of €800, into the lessor's bank account (or in cash for the deposit), at the latest 30 days before the actual date of occupation.
The landlord reserves the right to adjust the amount of the rental deposit in the event of a full rental of the Abaumont estate, including the function room and the gîtes, by specifying the requested amount within the rental agreement.

3.2. Late payment of the balance
If the customer is a business (B2B), failure to pay the balance by the due date shall automatically and without prior notice result in the application of late-payment interest at a rate of 10% per annum, as well as a fixed compensation payment of 10% of the amount due.
If the policyholder is a consumer (B2C), any delay in payment shall, following the sending of a free formal notice and the expiry of a period of 14 calendar days, to the application of interest on arrears at the ECB’s base rate plus 8%, as well as to a fixed compensation amount capped in accordance with Article XIX.4 of the Economic Law Code.
In default of payment, the landlord may terminate the contract to the tenant's detriment and claim compensation.

3.3. Overtime and damage
Any unagreed extra hour of occupancy, as well as repair costs resulting from any damage (caused in particular to the building, furniture, equipment, garden or parking area), will be preferentially deducted from the rental deposit. If the amount of these costs exceeds the rental deposit, an invoice
additional invoice will be issued. This must be paid within 8 days of its date of issue at the latest. Late payment of this invoice will be subject to the same penalties as those referred to in Article 3.2.

3.4. Taxes and charges
All taxes, duties (including the tourist tax for gîtes), contributions or charges of any kind (e.g. SABAM, equitable remuneration, excise duties) shall be borne entirely by and remain the sole responsibility of the lessee.

 

Article 4. Cancellation and modification by the lessee

4.1. Cancellation
In the event of cancellation by the lessee, for any reason whatsoever (excluding force majeure as defined in Article 9), a termination fee shall be payable, corresponding to the total amount of deposit payments received as of the date of termination. If the lessee is a consumer, a fee of an equivalent amount shall be payable to them in the event of unilateral and unjustified cancellation by the lessor.

4.2. Modification
If the lessee wishes to change the date, administrative and compensation fees of 500 euros excluding VAT may be charged. The lessor shall retain the deposits received.

 

Article 5. Destination, capacity and use of the premises

5.1. Destination
The premises are rented for private or professional purposes. The lessee undertakes not to use them for public purposes. If a gîte is rented alone (without a function room), it is forbidden to organise parties or anything causing a nuisance.
Subletting or the assignment of the right of occupation is strictly prohibited without the prior written consent of the landlord.

5.2. Capacity
As part of the hire of the event room and gardens, the lessee shall declare an estimated number of participants in the hire agreement, in agreement with the lessor. Any upward revision must be subject to the prior agreement of the lessor at least 10 days before the event.
The capacity of the holiday cottages (specified in the contract) is strict. The setting up of tents, roof tents or mobile homes is prohibited unless agreed in writing.

5.3. Occupation of premises and service providers
The tenant undertakes to occupy and use the premises as a prudent and reasonable person. They undertake to keep them in good condition and to return them in the state of cleanliness and maintenance in which they received them. They may not make any modifications, alterations or repairs to the site. The connection of particularly energy-hungry electrical equipment by service providers (food trucks,
refrigerated trucks, heavy sound equipment) is subject to the prior agreement of the lessor in order to avoid any overloading of the network.

5.4. Access and parking

  • Access is via the private car park of the Cense d’Abaumont, the entrance to which is located on Rue de la Pédard; ;
  • Direct access to the kitchen/storage area is strictly reserved for professionals and service providers (caterer,
    DJ, etc.) ;
  • Disabled access is via the specific entrance of the suppliers/disabled parking, subject to notifying the
    landlord ;
  • It is strictly forbidden to walk around the buildings and outdoor areas that are not
    expressly referred to within the rental agreement.

5.5. Specific prohibitions
Smoking is prohibited inside the event hall and the cottages.
It is also forbidden to use a deep fat fryer within the gîtes.
Prohibited across the entire estate: fires, fireworks, sky lanterns, firecrackers, confetti, animals and vehicles in the garden (unless by prior written agreement). In the event of non-compliance with these prohibitions, a flat-rate deduction of €250 may be made from the security deposit, without prejudice to full compensation for the damage.

 

Article 6. Noise nuisance and music
The maximum noise level must not exceed 90 dB, as stipulated by the Royal Decree of 24 February 1977 and subject to compliance with the municipality’s General Police Regulations. It is strictly forbidden to play loud music outdoors or in the Fenil hall of the events venue. In the event that the events halls and holiday cottages are hired by separate groups, the hirer
undertakes to respect the peace and quiet of others. The tenant assumes full responsibility for any administrative or criminal fine related to night-time or daytime noise nuisance.

 

Article 7. Changing rooms, sanitary facilities and cleaning

7.1. Amenities and deposits
The cloakroom and sanitary facilities (including consumables) are made available. The lessee undertakes to hire a specific person to look after them during the event. The provision of a cloakroom or storage space (including for gifts) does not under any circumstances constitute a bailment contract. The lessor declines all responsibility in the event of loss, theft or damage to
personal effects of the lessee, their guests or service providers.

7.2. Cleaning and waste
The premises are cleaned by the landlord. However, the tenant must arrange for the removal of all their waste (glass, paper, cans, cigarettes, food, etc.) both inside and outside the event space. The on-site container is reserved for caterer/kitchen waste (glass and certain other waste are prohibited in it). Glass can be deposited in the specific bottle bank located at «vieille Place» in Maulde. Failure to comply with this obligation will result in a deduction from the rental deposit corresponding to the actual costs.
evacuation.

 

Article 8. Security, liability and insurance

8.1. Safety and minors
The tenant must ensure the safety of property and persons. Exits and emergency exits must remain unobstructed and unlocked.
Firefighting equipment must remain visible and accessible.
The custody and supervision of minor children throughout the entire estate are the exclusive responsibility of their parents or legal representatives.

8.2. Pond
The tenant acknowledges the presence of a pond. It is strictly forbidden to enter it, swim in it or use any watercraft. Absolute vigilance is required on the part of parents regarding children near this body of water. The landlord declines all liability in the event of an accident, subject to mandatory legal provisions.

8.3. Tenant and third-party liability
The lessee is jointly and severally liable for the rented and adjacent premises, and for any damage caused by them, their guests or sub-contractors and external service providers (caterer, DJ, decorator, etc.).

8.4. Assurances
The lessee undertakes to be covered by Third-Party Liability insurance (Family Liability for the rental of gîtes, and/or Organiser Liability for the organisation of an event) covering material and bodily damage caused to third parties and the estate. The lessor reserves the right to demand proof thereof before handing over the keys.

8.5. Limitations of the lessor's liability
Except in the case of fraud, gross negligence or personal injury caused by the lessor or their agents, the lessor shall not be liable in the event of:

  • bad weather damaging the car park, theft, vandalism, damage or a driving accident; ;
  • of impossibility of occupation due to the tenant (e.g. electrical failure following an overload, non-compliance with the
    regulation) ;
  • technical incidents during the rental period.

 

Article 9. Force Majeure

In the event of external, unforeseeable and unavoidable force majeure (e.g. mandatory sanitary measures making occupancy prohibited), the contract will be suspended. Another date may be chosen by mutual agreement free of charge
additional ones, in the year in question or the following year. The landlord is not liable for any other compensation.

 

Article 10. Intellectual property, image rights and Wi-Fi

10.1. Right to privacy regarding image
Shooting (photos/videos) for strictly private or family use is permitted. The use of images of the estate for commercial, advertising or promotional purposes by the lessee or their service providers (notably on professional social networks, portfolios or websites) is permitted, under the strict condition that such use in no way harms the image, reputation or respectability of the estate, and that the visuals are not subject to any misuse. The lessor reserves the right to assess compliance with this condition and to demand the immediate and prompt removal of any publication or medium contravening this principle, without prejudice to their right to claim full compensation for the damage suffered.

10.2. Internet network
If Wi-Fi access is provided, the lessee undertakes to use it in accordance with the laws in force. The lessor declines all liability in the event of illegal downloading or fraudulent use of the network by the lessee or their guests.

 

Article 11. Processing of personal data (GDPR)

The landlord collects and processes the tenant's personal data (name, contact details, bank details) strictly for the purposes of executing the rental agreement, invoicing, and accounting. This data is retained for the legally prescribed period. In accordance with Regulation (EU) 2016/679 (GDPR), the tenant has the right to access, rectify, and erase their data, which they may exercise by contacting the landlord in writing.

 

Article 12. Express termination and assignment

12.1. Resolution
In the event of a serious breach of the contract or these general terms and conditions (exceeding capacity, noise nuisance, vandalism), the lessor reserves the right to invoke the automatic termination of the contract, to proceed with the eviction of the offenders and to end the rental without refund, by means of formal notification on site or in writing.

12.2. Assignment
The lessor is authorised to assign the making-available contract to a person of their choice, without prior permission from the lessee, provided that this assignment does not result in a reduction of guarantees for the consumer lessee.

 

Article 13. Mediation, disputes and jurisdiction

13.1. Mediation and alternative dispute resolution
If the lessee is a business (B2B), the parties agree that any disagreement or dispute relating to the validity, interpretation or performance of these terms and conditions or the rental agreement shall be submitted as a priority to a mediation process (Articles 1724 et seq. of the Judicial Code). The parties undertake to
take part in good faith in at least one mediation session with a mediator approved by the Federal Mediation Commission, appointed by mutual agreement. The costs will be shared equally. Failing agreement on the choice of the mediator within 15 days of the request, the competent court may be seized.
If the lessee is a consumer (B2C), the lessor also favours amicable resolution. Prior to taking any legal action, the lessee has the option to make free use of the Consumer Mediation Service (Boulevard du Roi Albert II 8 Bte 1, 1000 Brussels – www.mediationconsommateur.be) or to propose voluntary mediation with an approved mediator. Under no circumstances shall this proposal deprive the consumer of their right to refer the matter directly to the courts.

13.2. Jurisdiction
In the event that an amicable settlement cannot be reached, or if urgent protective or provisional measures prove necessary, these general terms and conditions shall be governed by Belgian law. Any dispute shall fall within the exclusive jurisdiction of the courts of the district of Tournai, without prejudice to the application of Article 624 of the Judicial Code if the lessee is a consumer.

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