Conditions
Conditions
ARTICLE 1: General terms and conditions
1.1 The following applies to all actions and arrangements at Ayuryoga BV, i.e. online reservations, website, web shop, mail traffic. By using our services, treatments, website, web shop, online reservation system and reservations by mail you agree to these terms and conditions.
1.2 When making a telephone reservation or reservation by email, which is then entered into the reservation system by an Ayuryoga BV employee at your request, you agree to our terms and conditions, enclosed in the confirmation email. If you do not agree with our terms and conditions, you must notify us in writing and by e-mail within 24 hours.
1.3 These conditions form an integral part of the hotel agreement. They may only be deviated from in writing. They shall apply to the exclusion of all general terms and conditions of sale appearing on documents issued by the customer insofar as they conflict with the former.
1.4 Quotations made by the hotel owner shall be free of obligation and without commitment.
1.5 Services shall be provided at the hotel owner's place of business, unless otherwise agreed in writing.
1.6 Complaints regarding the services provided cannot be accepted if they do not reach the hotel owner by registered letter within seven days of the delivery or completion of the services.
1.7 A person staying overnight in a hotel is not necessarily a contracting party: a hotel contract may be entered into by a third party on their behalf. For the purposes of these general terms and conditions of sale, the term "contracting party" shall mean the natural or legal person who concludes a hotel reservation contract and/or is liable for payment (in return). The term "customer" shall mean the physical person(s) intending to make a hotel reservation.
ARTICLE 2: Exclusion of liability
2.1 All information distributed by Ayuryoga BV is intended for personal use. No rights can be derived from the information. Changes and typing errors are reserved. We make every effort to ensure that the information is as complete and accurate as possible.
2.2 Ayuryoga BV accepts no responsibility for damage in any way caused by the use, incomplete or incorrect use of the information provided. This information is intended to provide information to our clients. We have compiled the content of conditions with the greatest possible care, but cannot give any guarantees regarding the nature or content of the information. We are not liable for the content of this information or for the consequences of its use.
2.3 Ayuryoga BV is liable only in case of intent or gross negligence.
2.4 The client undertakes to take out insurance with a recognised insurance company to cover his liability as organiser during the period as planned. In addition, the client should provide to its participants that they are obliged to behave properly, in accordance with the house rules and the property of the Hotel should be managed with due care. In the event of damage, nuisance or theft, Ayuryoga BV may charge the organiser or client for damages and collect these immediately via the credit card details provided by the organiser or client. The customer/its participants are hereby prohibited from using the rooms provided for gatherings of any form of extremism, any form that violates human rights or any form that could directly or indirectly have a negative impact on the normal hotel events and values of Ayuryoga BV, or disturb the peace of the other hotel guests. In case of damage/disruption, the client will have to compensate such damage, even if caused by the client's participants. In any case, Ayuryoga BV can never, in any way be held liable in case of theft, loss or damage to goods kept in the hotel by the client or its participants, nor for physical damage caused to the client and/or its guests.
ARTICLE 3: Cancellation - No-show
3.1 This applies to all reservations with Ayuryoga BV:
Your reservation will be confirmed only after accepting the terms and conditions and paying the requested prepayment. You can cancel your reservation free of charge 48 hours before the local hotel time (2 days before arrival). Please note that we will retain the prepayment if you cancel after this deadline.
If you are unable to make a confirmed reservation for hotel, public or private wellness or massage services, you must cancel the appointment at least 48 hours in advance, for 1 to 3-day arrangements of 1 or 2 people, cancellation must be made at least 72 hours in advance.
For 1-3 day arrangements of more than 2 persons or for arrangements of more than 4 days, arrangements can only be cancelled or rescheduled free of charge until 1 week before the start. In case of late cancellation or no-show, Ayuryoga BV will charge the deposits paid for this. See following articles:
- For yoga, see section '3.4'
- For massages, treatments and wellness see section '3.5'
- For room hire see section '3.6'
- For hotel see section '3.7'
3.2 Late cancellations:
If no timely cancellation was made, Ayuryoga BV will reserve the right to charge the paid deposit and invoice the total fee mentioned in the sections below to the client. In the event of serious illness, family force majeure or accident and upon submission of the correct documents in this regard, only the advance paid will be retained.
In case of illness or covid infection Ayuryoga BV will reserve the right to charge the advance paid. A cancellation for any other reason will result in the following arrangement (see Articles 3.4, 3.5 and 3.6). If you are unable to attend the treatment or service, instead of cancelling, you may be replaced by a colleague or acquaintance. You must report this before the start of the treatment or service.
Any cancellation must be notified as soon as possible by telephone (+32 055 61 33 33) and in writing (by e-mail: info@ayuryoga.be).
3.3 No cancellation or no-show:
If you have not given notice when you booked treatment or service and are not present at the appointed time, i.e. at a complete NO-SHOW the total amount due will always be charged. You can always change or cancel your appointment 48 hours before the local hotel time (2 days before arrival) via your confirmation e-mail or you can contact us by mail or phone.
3.4 Group yoga classes:
If unable to attend a confirmed reservation, please cancel the appointment at least 48 hours in advance. One late cancellation will be allowed per customer. In case of a second late cancellation or no cancellation you will be charged for this.
3.5 Massages, treatments and wellness:
If unable to attend a confirmed reservation for massages, treatments or public and private wellness, please cancel the appointment at least 48h in advance. In case of late cancellation or no-show, the deposit (50% of the total sum) withheld.
3.6 Events:
In the event of cancellation of an event, the customer shall owe a fixed termination fee owed which is estimated as follows, subject to proof of higher damages by Ayuryoga.
- > 6 months: Free of charge
- > 3 months: 25% catering + 0% residual amount
- > 2 months: 50% catering + 0% residual amount
- > 10 days: 75% catering + 25% residual amount
- < 10 days: 100% catering + 50% residual amount
3.7 Hotel:
Cancellations are only possible free of charge up to 48h before check-in time of 2pm on the day of the reservation. If you are unable to make a confirmed overnight reservation, please cancel at least 48h in advance. In case of late cancellation, the deposit (100% of the total sum) retained and the full amount of the overnight reservation is due. See further info in article 7.
3.8 Yoga:
- Yoga turn cards are valid for 6 months. The turns of expired turn cards cannot be used again.
- Yoga turn cards can be renewed for a period of 3 months for a fee of 35€ or for a period of 6 months for a fee of 70€ only on proof of illness.
- A single yoga turn is valid only on the day of purchase.
- A yoga subscription is valid for 1 or 6 months or 1 year depending on the kind one has purchased. This is without exceptions. It expires after the period of the subscription.
ARTICLE 4: Prepayments
4.1 All deposits are requested after you complete the reservation. These can be paid via bank transfer, Bancontact, Ideal, Visa or Mastercard. If the deposit is not paid, the appointment will not be confirmed. The remaining amount will then be paid after your reservation is finalised. If you wish, you can always obtain an invoice for the reserved services or treatments.
4.2 For massages or treatments, a deposit of 50% of the total amount is required. This amount will be deducted in case of no or late cancellation.
4.3 For day, weekend, or weekly arrangements, a deposit of 50% of the total sum is required. For day arrangements with overnight stay, a deposit of 100% of the total sum is required. These amounts will be deducted in case of no or late cancellation.
4.4 In the case of private wellness, a deposit of 50% of the total price is required. This amount will be deducted in case of no or late cancellation.
4.5 For hotel overnight stays, a deposit of 100% of the total amount is required. This amount will be deducted in case of no or late cancellation.
4.6 For yoga classes, the total amount of the subscription or turn card or single turn must always be paid before the start of the classes.
4.7 For events and room hire, a deposit of 50% of the total amount is required. This amount will be deducted in case of no or late cancellation.
4.8 Restaurant reservations and osteopathy services do not require a deposit.
4.9 Failing prompt payment of these advance payment(s), Ayuryoga BV is entitled to cancel the service itself at the expense of the client.
ARTICLE 5: Description of the services/treatments/events to be provided
5.1 The services/treatments are provided as stipulated in the booking confirmation, order form or on the front of the invoice.
5.2 In case of events, the client shall submit a detailed list to Ayuryoga no later than 14 days before the scheduled arrival date. This list shall include the occupancy of any rooms in the hotel, the name(s) of the relevant participants and/or the number of participants participating in the event.
5.3 If the client informs Ayuryoga less than 5 days before the foreseen date, regarding an increase in the number of participants of an event, the Hotel shall make every reasonable effort to provide its services to this increased number, although without Ayuryoga being held liable for the consequences, should it not or not fully succeed in doing so. The exact number of participants shall in any case always be confirmed at the latest 3 working days before the event, subject to the application of article 1.3. of these conditions. All reductions in the number of participants and/or rooms must be made in writing or by e-mail (info@ayuryoga.be).
5.4 If the customer cancels the entire event, the customer will also guarantee the rooms that were optioned and in this case the cancellation conditions will apply as mentioned above.
5.5 The client expressly agrees to start and finish his event within the contractually agreed times. Ayuryoga is entitled to charge any additional hours or other expenses resulting from the failure to meet this schedule to the client, who accepts.
5.6 The final choice of menu and programme should be communicated to Ayuryoga at the latest 10 days before the event. If the client's choice of menu was not confirmed to the Hotel within that time, Ayuryoga is entitled to make its own choice of menu in order to ensure optimal preparation of the event. Should the client make changes in her choice of menu less than 7 days before the event, Ayuryoga (if it would also manage to deliver the changed menu) will be entitled to charge the client for the additional costs that would be caused as a result of this late choice.
ARTICLE 6: Price and payment
6.1 The price is that stated on the invoice, unless Ayuryoga is forced to adjust it to the evolution of its fixed and/or variable costs as a result of changes in its structure (raw materials, wages, energy.). Any price revision will be done in accordance with legally permitted standards.
6.2 All prices are inclusive of VAT.
6.3 The price is exclusive of any delivery, transport and insurance costs. Also taxes of accommodation etc. are never included unless otherwise stated.
6.4 Hotel prices are calculated on 2 people staying in 1 room. When more or fewer guests stay in 1 room, prices may vary. hotel prices apply to individual bookings only and are not applied to groups or events.
6.5 The prize is payable in cash up to the statutory maximum of 3000€.
6.6 The amount of the invoice must be paid net. Discount and bank charges shall be borne by the customer.
6.7 In the event of non-payment or late payment, the following lump-sum compensation and interest on arrears will be applied for customers falling under the concept of "consumers" within the meaning of the Economic Law Code :
- debts up to and including EUR 150 : max. EUR 20 ;
- debts between EUR 150.01 and EUR 500 : max EUR 30 plus 10% of the amount between EUR 150.01 and EUR 500
- debts over EUR 500: max EUR 65 plus 5% of the amount over EUR 500 with a maximum of EUR 2,000.00
The interest on arrears for non-payment is equal to the reference interest rate increased by 8 percentage points referred to in Article 5, second paragraph, of the Act of 2 August 2002 on combating late payment in commercial transactions. With regard to the fixed compensation clauses and interest on arrears, this always applies insofar as a reminder, free of charge, has been complied with in accordance with Article XIX.2 of the Economic Law Code.
6.8 Any non-payment of an invoice or ticket on the due date or any non-payment shall entail the claimability of the invoices, even those not yet due, which have already been drawn up and transmitted to the customer at that time and shall automatically cancel any payment facility for the future. Similarly, in the event of full or partial late payment, the flat-rate compensation and interest mentioned under 6.7 shall be due. The drawing and/or acceptance of bills of exchange or other negotiable documents, does not imply novation and does not constitute a derogation from the terms and conditions of sale.
6.9 Without prejudice to what is stipulated in Art. 9.1, in the event of a dispute, the invoice must be protested in a reasoned manner within 5 days of its receipt by registered letter, on pain of forfeiture.
6.10 The billing address as stated in the contract or reservation is binding for the invoice or ticket. Any changes to the billing address must be communicated by the customer to Ayuryoga in a timely and spontaneous manner. The customer will not be able to invoke the non-receipt of an invoice if he has not communicated the change of address in order to evade costs of collection, including legal costs.
6.11 If the client has organised an activity at Ayuryoga and for this purpose has made use of Ayuryoga's facilities (including e.g. the provision of hotel rooms) and Ayuryoga, at the request of the client, has invoiced these facilities/hotel rooms and appurtenances individually to one or more participants (designated by the client for that purpose), then the client nevertheless remains jointly and severally liable with the participants concerned, one in default to the other, in payment to Ayuryoga of all amounts owed by the participants concerned, so in principal, interest and costs.
ARTICLE 7: Hotel
7.1 Hotel and wellness area is not accessible under the age of 16, unless in agreement with the person in charge of Ayuryoga.
7.2 If you do not arrive without notice before 18:00 on the day of your check-in, you will be charged the total amount corresponding to 100% of the total booking. the customer cannot get a discount, if he arrives a day later. If you do not arrive by 10pm without notice, your room may be released to other customers. If you should arrive at the hotel later than 22:00 please notify.
7.3 Accommodation types such as half board and full board are provided for staying clients who can have lunch and/or dinner at Ayuryoga's restaurant.
7.4 In the case of half board and full board, the client will be able to have dinner on the day of arrival. If applicable, on the following day(s), with half board, the client will always obtain lunch or dinner. with full board, the client will obtain lunch and dinner. However, if the client wishes otherwise, this can possibly be discussed with a manager of Ayuryoga if available and according to the opening hours of the restaurant. Drinks are not included in these packages, they can be ordered but will be charged.
7.5 In connection with the duty of identification, it is necessary for each guest or customer to be able to present a valid passport or identity card on arrival.
7.6 Check-in will be possible from 14:00 hours until 22:00 hours on the arrival date. If the client/their participant arrives before this time, Ayuryoga will try to the best of its ability and without obligation to make the room available earlier, but cannot be held to do so. In case of late check-in, an additional cost will be payable. Late check-in is 20.00€ between 22:00-23:00, 30.00€ between 23:00-00:00 and 45.00€ between 00:00-01:00. Check-in after 01:00 is not possible.
7.7 The check-out time is until 11:00 am. In case of late check-out, an additional cost will be due. In addition, the possibility of extension will always depend on the eventual availability of the room and cannot be guaranteed at all. Late check-out is 25.00€ between 11:00-12:00, 35.00€ between 12:00-13:00. Check-out after 13:00 is not possible.
ARTICLE 8: Miscellaneous
8.1 If Ayuryoga provides audiovisual or EDP equipment to the client, the client shall be responsible for it for the entire duration of the event. Hereby, the client - in the absence of any remark immediately after its provision - shall be deemed to have received such equipment in good condition of maintenance and operation. If the customer uses his own equipment and/or equipment obtained from third parties, the customer (with the express exclusion of Ayuryoga) shall be and remain responsible for it, for the full duration of the event, and if necessary shall make the necessary arrangements to avoid damage, theft, etc. The client must remove all his materials and equipment from the hotel no later than the end of the event. Ayuryoga cannot be held liable for any material/equipment not removed in time or left behind.
8.2 Ayuryoga always has the right to accommodate the activities in another room/rooms if the number of persons changes or if a room becomes available that is more appropriate. You will be informed in advance.
8.3 If the client decides to prematurely terminate the event, hotel or treatment or service, and or if the client/ a participant decides to leave the meeting rooms and or hotel before the expiry of the booked departure date, Ayuryoga is entitled to charge in full for the remaining provided/ booked days and or nights, incl. the reserved facilities/ appurtenances, at the contractually agreed rate.
8.4 In order to allow Ayuryoga to provide maximum service, all additional requests should already be mentioned on this document signed by the client. Only those specific requests to which Ayuryoga subsequently gives its express agreement in writing shall form part of this agreement and Ayuryoga's obligations.
ARTICLE 9: complaints/protests
9.1 Any complaints about services rendered or performances delivered must be notified to us by registered letter at the latest within seven days of execution, on pain of cancellation. The signing off of performance sheets shall constitute irrefutable proof that the performances stated on them were effectively and properly delivered.
ARTICLE 10: Suspension and dissolution
10.1 In the event of non-payment by the due date, default in payment, for whatever reason, or failure to fulfil even one contractual obligation, we reserve the right to:
- or unilaterally suspend the execution of all current/confirmed orders/reservations, and this after prior notice of default, to which no or no useful action has been taken within seven days, and without this being a reason for the co-contractor to claim damages, but without prejudice to our right to claim damages.
- or unilaterally dissolve the agreement without prior judicial authorisation and after prior notice of default to which no or no useful effect was given within seven days, without prejudice to our right to claim damages. In that case, the customer shall owe Ayuryoga compensation equal to 50% of the amounts that would have been due by the customer if the agreement had not been dissolved.
10.2 If Ayuryoga should find that it cannot provide the rooms/ meeting rooms/facilities or other as booked by the client and accepted by Ayuryoga at the time stipulated for the purpose, the Hotel shall notify this fact to the client as soon as possible. Then Ayuryoga shall only be obliged to provide similar rooms and facilities for the customer in the nearest equivalent hotel, whereby Ayuryoga shall only be obliged to reimburse the customer for the difference in price, if any, with the express exclusion of any other compensation or expenses of any kind.
10.3 If Ayuryoga complies with the previous paragraph, the client shall be held to indemnify Ayuryoga for any claim which might be made by the participants of the client on behalf of Ayuryoga, as a result of the latter's failure to make available the rooms/meeting rooms/facilities provided.
ARTICLE 11: Fire prevention and safety procedures
11.1 Emergency exits should always be kept clear of obstructions and indications of their location left visible to anyone attending the function. Where explicitly stated, fire and emergency doors must remain closed at all times. Nothing may be attached to the panic locks, nor may materials be placed behind the doors in advance. Stairwells serving as escape routes must be kept free of obstructions.
11.2 It is prohibited to bring flammable, explosive (e.g. fireworks) or dangerous liquids or products into the hotel, as well as to make any modifications to existing facilities, materials, furniture or equipment thereof without the prior written consent of Ayuryoga's business manager. If such adjustments prove necessary then this must be requested in writing to this manager at least 30 days before the function takes place.
11.3 Curtains, wall coverings and any other decorative material hung or attached to or against walls and ceilings shall be made of at least fire-retardant or fireproof material. If these materials are hung in doorways or corridors, they should separate at the centre and be fixed so that they can be easily pulled aside.
11.4 The electrical facilities must not be overloaded.
11.5 Fire-fighting facilities must not be misused.
11.6 The smoking ban must be respected at all times. All rooms in the resort are non-smoking. Smoking is only allowed outside the Ayuryoga resort. If the non-smoking rules are not respected, a large cleaning fee of €150.00 will be charged.
11.7 If the organiser hires external private security personnel for the function, the hired private security company must be licensed by the Ministry of the Interior and its personnel must comply with the law on private security companies, security companies and internal security services of 10 April 1999, in terms of training. The number, name and armed or unarmed security personnel must be communicated in writing to the hotel management in advance.
ARTICLE 12: Safeguards
12.1 Ayuryoga asks its clients for guarantees unless see condition 12.2
12.2 If Ayuryoga's confidence in the creditworthiness of the customer is shaken by late payment or non-payment, by acts of judicial execution against the customer and/or demonstrable other events which call into question and/or make impossible the confidence in the proper performance of the customer's commitments, Ayuryoga reserves the right to demand suitable guarantees from the customer. If the customer refuses to comply, Ayuryoga reserves the right to cancel all or part of the order regardless of the time. In such a case, by way of compensation, the cancellation fee referred to in clause 3.1 shall be due, without prejudice to the payment of any partial delivery already made.
12.3 It is expressly agreed between the parties that any property of the client, which is in the hotel or parking lot, may be held back by Ayuryoga as security for the payment of the amount due.
ARTICLE 13: Force majeure
13.1 Any case of force majeure or accident releases Ayuryoga by law from any obligation, without our co-contractor being able to claim compensation. In case Ayuryoga depends, for the fulfilment of its obligations, on e.g. deliveries by a third company, these provisions are also applicable in case of force majeure or coincidence with this third party, when the fulfilment of our obligations would be delayed or prevented as a result. Among others (non-exhaustive), the following situations are considered force majeure: accidents, material break-down, exceptional weather conditions, fire, strikes, lock-outs, theft, pandemics, terrorism and exceptional traffic congestion.
ARTICLE 14: Nullity
14.1 The nullity of one or more clauses of the agreement shall not entail the nullity of the rest of the agreement. The parties undertake to replace the null and void clause(s) by a legally valid clause, or clauses, which will correspond to the original intention of the parties and the spirit of the agreement, or be as close to it as possible.
ARTICLE 15: Dispute settlement: applicable law and competent court
15.1 In the event of a dispute, only the justice of the peace court canton Oudenaarde, or the courts of first instance Oost-Vlaanderen, Dendermonde division or the Enterprise Court Ghent, Dendermonde division have exclusive jurisdiction, unless mandatory rules of consumer protection give jurisdiction to another court. However, Ayuryoga can only be sued before one of the aforementioned courts.
15.2 All costs related to judicial recovery, including counsel fees, will be recovered from the customer.
15.3 Belgian law will always be exclusively applicable.
ARTICLE 16: Privacy
16.1 Please refer here to our privacy statement on our website https://www.ayuryoga.be/privacy
16.2 When making a reservation for one of our services, treatments, restaurant or rooms or for one of our events, you give your consent that the visual material made by us may also be used by us after the event for our commercial purposes.
ARTICLE 17: Claims conditions
Please note that when you make a reservation with Ayuryoga BV you accept the Terms of Claims below:
17.1 You must keep the Accommodation and its contents, including all furniture, electronic devices, fittings and objects in, on or near the Accommodation in the same state of repair as at the commencement of the stay, and you must leave the Accommodation in the same state of cleanliness and general order in which you found it on arrival.
17.2 In addition, you are responsible for keeping the Accommodation and its contents safe. Therefore, among other things, you must remember to close all doors and windows, and you must ensure that you leave the Accommodation safely on your departure.
17.3 You are responsible for repaying all damages, breakages or losses caused by you and/or the rest of your guest(s) to Ayuryoga BV.
17.4 In case of breakages, damage or losses, You must report this to the reception yourself (as soon as reasonably possible, but always before check-out), and request Ayuryoga BV to check it and charge compensation if necessary.
17.5 Ayuryoga BV may ask you for compensation for any damage, breakages and losses to the accommodation and contents (as set out above) up to 21 days after your stay.
17.6 Ayuryoga BV, has the right to charge damages caused by the customer through the credit card number provided by you. Ayuryoga BV will notify you by email of this recovered compensation.
17.7 If the customer does not agree with this compensation, they must make any comments in writing within 7 days.
The customer is fully aware of and agrees to abide by all the above terms and conditions, which form an integral part of the contract/reservation.
