Terms & Conditions

These are the general terms and conditions (hereinafter: Terms and Conditions) of De Pelsemaeker BV (hereinafter: “De Pelsemaeker”), with registered office at Moleneinde 4, 9042 Ghent, Belgium, registered in the CBE under number 0894.097.894 (email: info@hofterdonk.be / telephone: +32 (0) 94 93 02 20).

Article 1: Scope and purpose

These Terms and Conditions apply to every offer, quotation, reservation and agreement concerning services offered or supplied by De Pelsemaeker. Acceptance of a quotation, the placing of a reservation or the conclusion of an agreement constitutes the customer’s unconditional acceptance of these Terms and Conditions, which the customer acknowledges having read and understood before the agreement was formed.

By accepting these Terms and Conditions, the customer recognises that each clause is intended and that no clause, individually or collectively, creates a manifest imbalance between De Pelsemaeker and the customer. Pricing takes these Terms and Conditions into account. These Terms and Conditions apply exclusively and supersede any terms of the customer.

Under the conditions set out below, De Pelsemaeker offers services, treatments and or products in the operation of a wellness and relaxation centre as described on the website.

Article 2: Offers

All offers and quotations are indicative and non-binding until De Pelsemaeker confirms the customer’s reservation in writing in accordance with the offer or quotation. Material errors, printing mistakes or calculation errors shall never bind De Pelsemaeker.

Quotations are prepared on the basis of the information provided by the customer. If that information proves incomplete or incorrect after the agreement is concluded, De Pelsemaeker may charge the resulting costs or price differences.

Article 3: Price and payment

Prices are based on the rates in force on the date of the offer or quotation and on the factors relevant to pricing at that time.

De Pelsemaeker may require a deposit and may request the customer’s credit card details as security. If a deposit is required, a payment deadline will be communicated. If the deposit is not received within the stated period, De Pelsemaeker may terminate the agreement unilaterally without further notice.

Article 4: Payment

Payment may be made in advance at the time of reservation or in cash when the service is provided.

The customer agrees to receive invoices by email.

If the customer is a business and fails to pay all or part of the amount due, the invoice amount is, by operation of law and without formal notice, increased by default interest at 12 percent per started month, with each started month counting as a full month, and by a fixed compensation of 10 percent of the invoice amount with a minimum of EUR 125. All other non-due claims against the customer then become immediately payable. The customer acknowledges that this fixed compensation is proportionate to the loss suffered by De Pelsemaeker due to late payment. This is without prejudice to De Pelsemaeker’s right to claim higher proven damages.

If the customer is a consumer, in the event of non-payment in whole or in part, the price will be increased by the aforementioned default interest after a period of 14 calendar days, starting on the third day after a free reminder has been sent to the customer. If the reminder is sent electronically, the 14-day period starts on the day following the date on which the reminder was sent. From the second reminder, a cost of EUR 7.50 per reminder will be charged. In addition, if the consumer fails to pay on the due date, the invoice amount will be increased by the following fixed compensation for out-of-court collection costs:

Debts under EUR 50: EUR 15
Debts between EUR 50.01 and EUR 250.00: EUR 30 plus 10 percent on the portion above EUR 150.00
Debts above EUR 250.01: EUR 65 plus 5 percent on the portion above EUR 500, with a maximum of EUR 2,000

This fixed amount compensates the out-of-court collection costs and is without prejudice to the right to claim other damages not solely caused by non-payment. All other non-due claims against the customer become immediately payable. The customer acknowledges that this fixed compensation is proportionate to the loss suffered by De Pelsemaeker due to late payment. This is without prejudice to the right to claim higher proven damages. De Pelsemaeker may suspend its obligations or dissolve the agreement if the customer fails to meet payment obligations.

If, at the customer’s request, the invoice is issued in the name of a third party, the customer remains jointly and severally liable with that third party for all obligations arising from the agreement and these Terms and Conditions.

Article 5: Force majeure and hardship

De Pelsemaeker is not liable for delays or failures in performance due to events beyond its reasonable control that wholly or partly prevent performance. These include, without limitation, strikes, unexpected traffic jams, accidents, fire, pandemics, business interruptions, power failures, network or telecommunications failures, late or non-delivery by suppliers or third parties. In such cases, De Pelsemaeker may terminate or revise the agreement.

Any circumstances that could not reasonably be foreseen by De Pelsemaeker at the time of the agreement and that make performance more onerous, causing significant disadvantage, entitle De Pelsemaeker to terminate or revise the agreement.

Article 6: Liability

6.1 De Pelsemaeker is only liable for non-performance of its contractual obligations, which are obligations of means, insofar as the damage was caused by its intentional fault or fraud. It is not liable for other faults.

6.2 Customers use the facilities of De Pelsemaeker at their own risk. De Pelsemaeker cannot be held liable for accidents occurring on its premises during use by the customer. The customer further declares not to be in a health condition that prevents the use of the services or entails risks, such as pregnancy, epilepsy, flu, cardiac arrhythmias, vascular problems, fever, high or low blood pressure, asthma, diabetes and similar conditions.

6.3 De Pelsemaeker’s obligation to compensate damage, on whatever ground, is limited to the damage covered and paid out under an insurance policy taken out by or for the benefit of De Pelsemaeker.

6.4 If, for any reason, the damage is not covered by insurance, liability is limited to the amount invoiced by De Pelsemaeker excluding VAT. De Pelsemaeker is never liable for indirect damage or costs, including consequential loss, loss of profit, missed savings, damage to third parties, fines, transport costs or travel and accommodation costs.

6.5 If De Pelsemaeker engages auxiliary persons for performance, such auxiliary persons shall not be liable towards the customer for any fault, intent or damage. “Auxiliary persons” means any natural or legal person charged by De Pelsemaeker with the whole or partial performance of the agreement, whether acting in their own name and for their own account or on behalf of De Pelsemaeker, including subcontractors, employees, directors, partners, managers, self-employed contractors, representatives and agents.

Article 7: Termination and cancellation

Cancellations may only be made in writing by email to the address stated on De Pelsemaeker’s website, no later than 5 days before the date on which the service would normally be provided. The cancellation is only valid once confirmed by De Pelsemaeker by phone or in writing. For cancellations less than 5 days before the reservation time, 50 percent of the full amount will be invoiced. If the customer fails to cancel at least 24 hours in advance, De Pelsemaeker is entitled to charge the full amount. This is without prejudice to the right of withdrawal set out in Article 12.

If the customer provides credit card details as security and these details prove invalid or do not belong to the customer, De Pelsemaeker may cancel the agreement unilaterally.

De Pelsemaeker may terminate the agreement with immediate effect at any time, without prior judicial authorisation, notice of default or compensation, in the following cases: (i) the customer fails to perform one or more obligations in a timely and proper manner, (ii) confidence in the customer’s creditworthiness is undermined by enforcement actions, cessation of payment or insolvency proceedings, (iii) liquidation or discontinuation of the customer’s activities.

Regardless of any agreed payment term, the customer must provide adequate security for payment upon De Pelsemaeker’s first request. If the customer fails to do so within the set period, De Pelsemaeker may terminate the agreement and invoice the full amount.

Article 8: Assignment

The customer may not assign or pledge any rights or obligations arising from the agreement or these Terms and Conditions without prior written consent.

Article 9: Processing of personal data

Where De Pelsemaeker receives personal data from the customer, De Pelsemaeker acts as controller within the meaning of the General Data Protection Regulation. De Pelsemaeker takes data protection seriously and refers to its Privacy Policy, available on the website.

Article 10: Severability and entire agreement

These Terms and Conditions constitute the entire agreement between the customer and De Pelsemaeker on the matters set out herein. Any amendment to one or more clauses does not affect the remaining clauses, which remain fully applicable.

If any provision is found excessively broad, it shall nonetheless be enforceable to the maximum extent permitted by law. If any provision is found invalid, the parties shall in good faith replace it with a clause that approximates the economic effect of the invalid provision as closely as possible. The invalidity of one provision does not affect the validity of the remaining provisions.

Article 11: Governing law and jurisdiction

Belgian law applies. In the event of disputes, only the courts of the judicial district and division of De Pelsemaeker’s registered office have jurisdiction.

Article 12: Customer status and right of withdrawal

If the customer is a consumer and the agreement is concluded at a distance or outside De Pelsemaeker’s business premises, the consumer has the right to withdraw from the agreement within 14 calendar days by sending the completed withdrawal to De Pelsemaeker by email. The customer consents to the performance of the agreement commencing before expiry of the 14-day withdrawal period and acknowledges that the right of withdrawal is lost upon full performance within that period. If the customer withdraws within the period after performance has begun but before completion, the customer owes a proportionate fee for the services already provided. Business customers do not have a right of withdrawal.

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the agreement)

To De Pelsemaeker BV, Moleneinde 4, 9042 Ghent (email: info@hofterdonk.be / telephone: +32 (0) 94 93 02 20)

I hereby inform you that I withdraw from our agreement regarding the sale of the following goods or the supply of the following service:

Ordered on: _____________________________

Customer name: _____________________________

Customer address: _____________________________

Date: _____________________________

Customer signature: _____________________________

Article 13: House rules

The house rules of De Pelsemaeker, set out below, form an integral part of these Terms and Conditions. By accepting the Terms and Conditions, the customer also accepts the house rules.

These rules ensure safety, tranquillity and hygiene when visiting all facilities of De Pelsemaeker. To guarantee a pleasant stay for all, visitors are required to respect and comply with these rules. Every guest is deemed to have read these rules in advance of each visit. De Pelsemaeker may refuse access to any person who does not comply.

House rules

All visitors must report to reception. For safety reasons, all visitors are registered and or checked via identity card. Without presentation of an identity card, visitors may not use the facilities.
Personal hygiene treatments such as brushing teeth, shaving or hair colouring are not permitted in the facilities.
Instructions from De Pelsemaeker staff regarding safety, hygiene and usage must always be followed.
To preserve silence, the use of sound on mobile phones, tablets and laptops is not permitted within the complex.
Cameras are strictly prohibited throughout the wellness complex.
Taking photos or videos within the wellness complex and publishing images relating to De Pelsemaeker on social media or other channels is not permitted. If this occurs, De Pelsemaeker reserves the right to have the material removed. Taking and publishing photos or videos is only allowed with express permission from De Pelsemaeker.
Bathrobes and towels can be hired at reception unless included in the price as part of a fixed package or reservation.