Terms of Service for huswell.com
1. Identity and General Information
1.1.
HUSWELL BV, registered at Doornstraat 76, 8200 Brugge, listed in the Crossroads Bank for Enterprises with company number BE0717.669.742.
1.2.
Based on the concluded agreement (the “Agreement”), HUSWELL acts as a service provider, supporting and providing services to the client (the “Client”) who wishes to offer and rent out their furnished property (the “Property”) for short-term stays (the “Assignment”) to tourists and travelers (the “Guest”).
The Agreement concerns the provision of services by Huswell to the Client. Any actions taken by Huswell towards the Guest in the context of the Assignment are always performed in the name and on behalf of the Client. Huswell does not offer accommodations to Guests directly but merely creates advertisements on intermediary rental platforms in the name and on behalf of the Client. These platforms then engage with potential Guests. The Guest will be aware of the identity and legal relationship with the Client, meaning that the VAT commissionaire fiction does not apply.
1.3.
These general terms and conditions (the "General Terms and Conditions") apply to the Agreement between HUSWELL BV and the Client as well as to any offer made by HUSWELL and form an integral part of it.
1.4.
Before concluding the Agreement, HUSWELL always refers the Client to the General Terms and Conditions available on the website.
1.5.
Third parties involved in the execution of the Assignment provided by HUSWELL are also bound by the General Terms and Conditions.
2. The Agreement
2.1.
Before HUSWELL provides services, an agreement of indefinite duration (the “Agreement”) will be concluded between HUSWELL and the Client.
2.2.
The Assignment, as agreed in the Agreement, will be carried out by HUSWELL to the best of its ability and with professional expertise, always considering the Client's preferences as much as possible.
2.3.
HUSWELL has exclusivity in executing the Assignment as agreed in the Agreement.
3. Termination of the Agreement
3.1.
Unless otherwise agreed, either party may terminate the Agreement at any time in writing, subject to a three-month notice period.
3.2.
Upon termination of the Agreement, HUSWELL will continue executing the Assignment until the last day of the notice period. Additionally, the Client must indemnify HUSWELL against any claims from third parties arising from the termination.
3.3.
If it is found that the Client has provided false information, HUSWELL has the right to immediately terminate the Agreement by written notification and is no longer obliged to fulfill the Assignment as agreed.
3.4.
If HUSWELL terminates the Agreement after prior written notice, no compensation or costs will be reimbursed due to the termination.
4. Third Parties
4.1.
HUSWELL has the right to have certain activities performed by carefully selected third parties.
4.2.
In the event of negligence, damage, or failure caused by these third parties, HUSWELL cannot be held liable but will provide all necessary assistance to hold the third party accountable for the damage.
5. Liability
5.1.
HUSWELL provides material services. Any intellectual services, advice, or estimates provided by Huswell are purely non-binding and without guarantees of accuracy or completeness. No claims can be derived from them.
5.2.
HUSWELL is only liable to the Client for intentional misconduct, gross negligence, or mistakes by its employees. This concerns direct damages only. HUSWELL is never liable for indirect damages such as consequential damage, lost profits, lost revenue, or missed savings.
5.3.
If the Client has provided incomplete or incorrect information, HUSWELL cannot be held liable for any resulting consequences.
5.4.
The Client is responsible for complying with all regulations related to this activity and the resulting income. The Client is also responsible for obtaining the necessary permits and approvals and complying with fire safety standards.
5.5.
The Client declares awareness of applicable laws and regulations, including:
- The Tourism Accommodation Decree of February 5, 2016
- The Flemish Government Decision on the execution of the decree
- The Flemish Government Decision on specific fire safety standards
- The Ministerial decision on classification standards
5.6.
The Client must have valid fire insurance for the Property, including its contents, covering both contractual and extra-contractual liability. HUSWELL cannot be held liable for fire damage or other damage covered by this policy.
5.7.
The Client must hold proof of ownership or, if renting, a lease agreement allowing subletting.
5.8.
The Client must comply with the general terms of rental platforms used for listing the Property.
5.9.
HUSWELL is not responsible if the Client fails to meet their obligations and must be indemnified by the Client in such cases.
5.10.
HUSWELL is not liable for damages caused by the Guest but will assist in reporting and attempting to recover damages. Minor damages (e.g., broken glass, missing utensils) will not be pursued due to cost and practicality concerns.
6. Property Preparation
6.1.
The Client must deliver the Property in a clean and well-maintained state at the start of the Agreement.
6.2.
HUSWELL reserves the right to charge cleaning costs if the Property does not meet this standard.
6.3.
The Client must provide all necessary items to offer the Property to the Guest.
6.4.
The Property will be rented as a furnished unit, with 90% of the price allocated to real estate and 10% to furniture.
7. Intellectual Property
7.1.
All content created by HUSWELL (text, listings, advertisements, online accounts, etc.) remains the property of HUSWELL, even after termination of the Agreement. The Client may not use or copy this content without prior approval.
8. Privacy
8.1.
The Client’s personal data (address, phone number, email, bank details, etc.) is protected under Belgian privacy laws and is only shared when strictly necessary for the execution of the Assignment, in accordance with EU Regulation 2016/676 (GDPR).
9. Payment
9.1.
HUSWELL is authorized to receive payments from the Guest and/or rental platform and transfer them to the Client after deducting applicable fees. Monthly statements will be provided no later than the 14th of the following month.
9.2.
Existing Agreements are subject to the rates applicable at the time of signing.
9.3.
All rates used by HUSWELL are exclusive of VAT unless stated otherwise.
9.4.
Late payments incur a 1% interest per month from the moment of written notice.
10. Modifications
HUSWELL reserves the right to revise terms, fees, and conditions if objectively justified, including cost increases from taxes, wages, or other external factors.
11. Repairs
11.1.
HUSWELL may carry out necessary repairs or replacements and charge the Client.
11.2.
For costs exceeding €250 (excl. VAT), HUSWELL will first seek the Client’s approval.
12. Force Majeure
HUSWELL is not liable for failure to perform obligations due to circumstances beyond its control. If force majeure persists for more than two months, HUSWELL may terminate the Agreement without liability.
13. Governing Law & Disputes
The Agreement is governed by Belgian law, and disputes will be settled by the competent courts in Bruges.
14. Miscellaneous
14.1.
The Dutch version of these General Terms prevails in case of discrepancies.
14.2.
HUSWELL may amend these Terms at any time. The revised Terms will be published on the website and take immediate effect.