Pairi Daiza Resort

These general terms and conditions apply in their entirety to all holiday packages sold by Pairi Daiza SA, a public limited company under Belgian law, having its registered office at Domaine de Cambron 1, 7940 Brugelette, Belgium, and registered with the Banque-Carrefour des Entreprises under number 0406.834.638 (RPM Mons) (hereinafter “the Establishment”) to individuals or groups of individuals dealing directly with the Establishment (hereinafter “the Customer” or “Customers”, as the case may be). They define the rights and obligations of the parties in connection with the remote booking of services offered by the Establishment and govern all stages of the booking process and subsequent management of the booking between the contracting parties. These general terms and conditions of sale apply to all bookings made online via the booking platform or by telephone, as well as bookings made with the Establishment’s reception. These general terms and conditions are subject to change at any time. The applicable terms and conditions are those in effect on the date the Customer makes the booking. The Establishment’s failure to enforce, at any time, any clause of these general terms and conditions may not be construed as a waiver of its right subsequently to enforce all clauses of these general terms and conditions. If any clause is declared invalid or null and void for any reason whatsoever, the other clauses will not be affected, and the contracting parties will negotiate in good faith to amend the invalid clause and replace it with a valid clause.

Customers can book their stay by telephone or on the Establishment’s website:

• by calling +32 (0) 68 250 850 between the hours of 9.00 a.m. and 5.00 p.m., Monday to Friday;
• by visiting the Establishment’s website at www.resort.pairidaiza.eu.

Stays may also be booked with the Establishment’s reception if the Customer is physically present, or by calling reception outside the opening hours of the aforementioned call centre, provided the booking is straightforward, i.e. for the stay itself. Any other related or additional activity that the Customer wishes to add to the booking must be booked by telephone during the call centre’s opening hours, i.e. between the hours of 9.00 a.m. and 6.00 p.m., Monday to Friday.

Bookings may be made in French, Dutch or English.

Bookings are firm and final and deemed accepted by Customers at the end of the booking process. Customers may only cancel or change the booking in the conditions provided for in these general terms and conditions. After choosing the type of package, the booking process requires Customers to enter their personal details, contact information and credit card details, to read and accept the general terms and conditions of sale applicable at the time of booking, and finally to confirm their booking.

Bookings are firm and final for the Establishment after it has sent an email confirming the booking to the Customer. The email confirmation includes the details of the package booked, the price, the terms and conditions of sale applicable for the chosen tariff as expressly accepted by the Customer during the booking process, and the date of the booking.

During the booking process, the Customer will choose the services advertised on the Establishment’s website. The Customer acknowledges the nature, purpose and booking arrangements of the package(s) available on the website and has requested and obtained the necessary and/or additional information to make the booking in full knowledge of the facts. The Customer is solely responsible for the choice of accommodation, the accommodation arrangements and their suitability for the Customer’s needs according to the information provided by the Establishment on its website. Consequently, the Establishment cannot be held liable if the Customer’s choice does not meet his or her needs or expectations.

The Customer certifies that the information provided during the booking process is true and correct.

Payment is made via a secure process by credit or debit card, depending on the options available on the Establishment’s booking platform when the stay is booked.

Customers will only have the option of paying for the stay by debit card if the entire stay is paid for at the time of booking, in accordance with the terms described below. In the event of payment of a deposit as described below, Customers will be required to pay the deposit by credit card.

Customers shall pay for their stay at the time of booking in accordance with the following terms and conditions:

• If the booking is made more than 45 calendar days before the start of the stay: the Establishment will ask the Customer to choose either (i) to pay a deposit equivalent to 30% of the total amount (including VAT) of the booking, the outstanding balance (70%) being automatically charged to the Customer’s credit card 45 calendar days before the start of the stay (a debit card may not be used in this instance), or (ii) to settle the full amount of the booking, in which case the Customer may choose to pay either by credit card or by debit card.
• If the booking is made less than 45 days before the start of the stay: the Customer shall pay the full amount (100%) of the booking.

The price of the package and related services is as stated on the Establishment’s website. Prices are in euros including tax and VAT. Prices do not include Customers’ personal expenses at the Establishment or inside the park.

When the tariff for the Customer’s chosen package includes a child discount, this will be noted and taken into account on the first day of the stay. Proof of the children’s age may be requested at any time by the Establishment’s staff. In the absence of such proof, the Establishment will charge the adult rate.

The prices stated include administrative costs, the tourist tax of €0.50 per person over twelve (12) years of age, and all services relating to the package chosen by the Customer as described on the Establishment’s website at the time of booking, as well as entry to the park for the duration of the stay.

Prices are only valid for the period stated on the Establishment’s website. Unless otherwise stated, additional services are not included in the price.

Prices are inclusive of VAT at the rate applicable on the date of the booking. Any change in VAT rate will be reflected automatically in the prices shown on the date of the Customer’s booking.?Any change in or introduction of new statutory or regulatory taxes by the relevant authorities will be reflected automatically in the prices shown on the date of the booking.

The Establishment reserves the right to modify the prices advertised on the website at any time. However, the price stated when the Customer books the stay will be the price charged.

Absence of right of withdrawal

Pursuant to Article VI.53(12) of the Code de droit économique (Belgian Code of Economic Law), Customers do not have a right of withdrawal as provided for in Article VI.47 of the Code for accommodation services other than for residential purposes.

Changes

Without prejudice to the foregoing, Customers may ask to make changes to their booking provided that at least 30 calendar days remain until the stay begins, subject to the offers available and advertised on the Establishment’s website at the time of the request, and provided the Establishment expressly accepts the change. If the price of the booking increases following the changes requested by Customers under this paragraph, the additional amount due to the Establishment shall be paid immediately by one of the payment methods previously accepted by the Establishment. The new price conditions as a result of the Customer’s request to change the booking will be as described on the Establishment’s website at the time of accepting the change request. Customers will be charged a fee of €50.00 in the event of a change to the booking accepted by the Establishment, unless the total amount of the amended booking exceeds the amount of the original booking, in which case no fee will be charged.

Customers may not ask to change their booking with the Establishment less than 30 calendar days before the stay is scheduled to begin.

Under no circumstances will any refund be made following a Customer request to reduce the number of nights’ stay, the price for the stay originally booked remaining due in full.

Cancellation

If the Customer requests the cancellation of the stay more than 45 calendar days before the stay begins, the Customer will be charged a cancellation fee corresponding to 30% of the total amount (including VAT) of the booking.

The Customer will be charged a cancellation fee corresponding to 100% of the total amount (including VAT) of the booking in the event of cancellation 45 calendar days or less before the stay begins.

Cancellation fees will be deducted from the amounts already paid. Any outstanding fees shall be settled immediately and in full.

Bookings are personal and may not be transferred to a third party in any circumstances, whether free of charge or for payment, without the express agreement of the Establishment.

No-show

In the event of the Customer’s no-show at the start of the stay, whatever the reason, the Customer will not be entitled to any refund from the Establishment.

Extension

If Customers wish to extend their stay, they must inform the Establishment before 11.00 a.m. on the scheduled departure date. The extension may be granted by the Establishment subject to the offers available and advertised at the time of the extension request on the Establishment’s website. The price shall be settled immediately by the Customer.

Customers may check in to their room(s) from 3.00 p.m. on the scheduled check-in date. Customers shall vacate their room(s) no later than 11.00 a.m. on the scheduled departure date.

Without prejudice to the foregoing, the Establishment will make every effort to ensure that the rooms booked are available to the Customer from 3.00 p.m. onwards on the check-in date, subject to operational constraints.

The Establishment reserves the right to charge the Customer an additional fee if the room is not vacated on time, which the Customer accepts.

The Customer further agrees to look after the room. In the event of inconsiderate or disorderly behaviour, the Establishment may ask the Customer to leave the Establishment without any compensation or reimbursement for services previously paid for, without prejudice to the Establishment’s right to take action before the competent courts.

For health and safety reasons, pets are not allowed in the Establishment.

The stay is booked for a specified number of guests. The booking confirmation sent to the Customer states the number of guests who may occupy the room(s) booked. If the Establishment finds that the room is being occupied by more guests than the number stated at the time of booking, the Customer will be liable for a surcharge at the applicable rate per person for the chosen type of accommodation at the time the infringement was discovered.

If the maximum number of occupants per room, as stated on the Establishment’s website at the time of booking, is exceeded by the Customer for any reason whatsoever, the Establishment will be entitled to terminate the Customer’s stay and the Customer will be liable for a surcharge at the applicable rate per person for the chosen type of accommodation at the time the infringement was discovered.

Upon request and subject to availability, late check-out may be agreed in advance with the Establishment. If the Establishment grants this request, the Customer will be asked to arrange immediate payment of an hourly surcharge.

Depending on certain weather conditions, we ensure the safety of humans and animals and therefore reserve the right to keep animals indoors. In these conditions, animals may not be visible from the rooms.

Our animals are wild animals. Therefore, we cannot guarantee that they will appear at the window of our accommodations. The welfare of our animals will always be our priority. These circumstances are part of the normal and responsible operation of the park and do not give rise to any claims for compensation.

If, prior to the start of the stay, the performance of one of the essential services (accommodation or entry to the park) is impossible owing to an external event affecting the Establishment (excluding force majeure), the Establishment will notify the Customer by email as soon as possible and propose a change to the booking.

The Customer will then have the option:

• of cancelling the booking, without penalty or charge and with reimbursement in full, to be requested by registered letter with acknowledgement of receipt sent to the Establishment within twenty days from the date initially agreed for the start of the stay; or
• of accepting the change proposed by the Establishment.

The Customer will inform the Establishment as soon as possible and in writing of the option chosen.

If, during the Customer’s stay, the Establishment is unable to perform one of the essential services of the stay for any reason other than force majeure, the Establishment will offer the Customer, to the extent possible, a similar service on the same date or at a later date in lieu of the service not performed.

In the event of force majeure preventing the Establishment from fulfilling its contractual obligations in whole or in part, the Establishment’s obligations will be suspended automatically, and the Establishment may not be held liable towards the Customer in the event of non-performance. If such an event beyond the Establishment’s control should occur, and the event is both unforeseeable and insurmountable, the Establishment will offer the Customer a credit note for the value of the stay originally booked, to be used at a later date in lieu of the service not performed, subject to availability.

Any complaint relating to the performance of the Establishment’s obligations during the stay booked by the Customer shall be sent to the Establishment in writing, accompanied by all supporting documents, within seven days following the date of departure from the Establishment. No complaint made after this time will be accepted.

Under no circumstances may the Establishment be held liable in the event of non-performance or improper performance of its obligations, if such non-performance or improper performance is through the fault of the Customer or due to the unforeseeable and unavoidable actions of a third party.

Articles 1952 to 1954 quater of the Code Civil (Belgian Civil Code) shall apply to the storage of items brought to the hotel by guests staying at the hotel. In accordance with Article 1954 of the Belgian Civil Code, the Establishment is not liable for any damage, destruction or removal of items brought to the hotel by guests, provided that the damage, destruction or removal is caused by (i) the guest or his/her companions, employees or visitors, (ii) force majeure, (iii) robbery, (iv) the nature of the item or an inherent defect therein. The guest will forfeit his/her rights if the loss or damage is not reported to the Establishment upon discovery.

The Establishment bears no liability whatsoever for any Customer vehicles parked in the Establishment’s car park and for any items left in those vehicles. This includes, but is not limited to, any damage to or theft or removal of the vehicle.

The photographs and videos on the Establishment’s website are for illustration purposes only. While every effort is made to ensure that the photographs, videos, graphical representations and texts illustrating the types of accommodation available give as accurate an overview as possible of the services offered during the Customer’s stay, minor variations may occur between the services advertised on the Establishment’s website at the time of booking and the actual services at the start of the stay.

The Customer is liable in the event of injury, damage or vandalism caused to persons and movable and immovable property, equipment and other amenities that the Establishment makes available to the Customer during his/her stay. In such cases, the Establishment will be within its rights to terminate the Customer’s stay and to ask him/her to leave the premises without compensation or reimbursement for the stay. The Customer may also be asked to pay for the damage caused.

Any booking or payment that is irregular, ineffective, incomplete or fraudulent for a reason attributable to the Customer will result in the cancellation of the order at the Customer’s expense, without prejudice to any civil or criminal action brought against the Customer.

Processing of personal data

For the purposes of the holiday package that the Establishment sells to the Customer, the Establishment will process the Customer’s personal data as provided by the Customer at the time of booking, in accordance with Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter “GDPR”) and as set out below.

Legal basis of the processing of personal data

In compliance with GDPR, the Establishment needs to process the Customer’s personal data in order to fulfil its contractual obligations and, where applicable, perform pre-contractual measures at the Customer’s request. Such data processing is also in the legitimate interests of the Establishment, for example to process Customer records, comply with various legal requirements, complete administrative and organisational procedures and communicate with the Customer.

Processing for customer management purposes

The Establishment collects and processes personal data (including, but not limited to, personal details and financial data) for the purposes of Customer management (including, but not limited to, booking management, administration and billing).

Processing for marketing purposes

The Establishment also processes personal data for the purposes of marketing, commercial statistics and Customer satisfaction surveys, as well as for the purposes of sending personalised marketing and advertising.

Customers may withdraw their consent to the processing of data for marketing purposes at any time and free of charge by sending an email to the person in the Establishment’s administration department responsible for processing personal data, using the address [email protected], or by calling the following toll-free number: +32 (0) 68 250 850.

Data access, rectification, erasure, opposition and portability

Customers may access their data and rectify any inaccurate or incomplete data. Customers may erase the data and restrict processing in the cases provided for under applicable regulations.

Customers may also receive their data in a structured format and, in view of their right to data portability, have their data sent to another company. To exercise the aforementioned rights, Customers can send an email to the Establishment at [email protected] or call the following toll-free number: +32 (0) 68 250 850.

Data retention period

Customers’ personal data will be kept:

• when processed for customer management purposes: for the period necessary for the performance of the hotel booking contract and for a period of one (1) year from the end of the booked stay, unless their subsequent retention is necessary to meet certain legal requirements; or
• when processed for marketing purposes: for a period of up to two (2) years from the end of the booked stay, unless their subsequent retention is necessary to meet certain legal requirements.

Legal remedies

Customers may lodge a complaint about the Establishment’s processing of their personal data with the Belgian Data Protection Authority. (Autorité de Protection des Données, Rue de la Presse, 35, 1000 Brussels – [email protected])

During their stay, Customers have unlimited access to the accommodation zone 24 hours a day, as well as to the “world(s)” in which the accommodation zone is situated. Customers also have access to the park during its hours of opening to the public. For safety reasons, Customers may not access areas of the park, except for the “worlds” in which the accommodation zone is situated, outside the hours of opening to the public.

The park’s internal regulations are available on the following website  (https://www.pairidaiza.eu/en/reglement-dordre-intérieur) (hereinafter “the Internal Regulations”). Without prejudice to the following specific provisions, the Internal Regulations are an integral part of the rules that Customers must obey for the duration of their stay.

It is strictly forbidden for Customers to cross safety barriers, enter private areas and service enclosures, climb on safety barriers or walls or place children on them. All signs, warnings and notice boards must be strictly observed.

To avoid causing distress to animals in the “world(s)” in which the accommodation zone is situated, it is strictly prohibited for Customers to:

• run, shout or make any noise that could frighten the animals;
• attempt to stroke or touch the animals, whether using an object or by any other means;
• cause the animals to become alarmed or agitated; and
• attempt to feed the animals with food that has not been provided by a member of staff during feeding times, except in areas with an animal feed dispenser.

Customers shall take care not to damage lawns and flower beds, refrain from picking, cutting or damaging plants and trees, and in general show consideration for the park’s environment. Under no circumstances may Customers leave their rubbish in the park, except in designated bins provided for this purpose.

Except for alcoholic beverages sold by the Establishment, Customers may not bring alcohol or any dangerous or illegal substance, material or instrument (weapons, drugs or other dangerous items or products) into the park.

Skates, bicycles, scooters and other vehicles (except for pushchairs, wheelchairs and mobility scooters) are prohibited from the park, except for those belonging to the Establishment.

In accordance with Belgian legislation and to protect the health of all visitors, smoking is prohibited throughout the park, except in designated smoking areas clearly indicated on the map. The law defines smoking as not only the use of tobacco but also products like electronic cigarettes, which are subject to the same rules as traditional cigarettes. Thank you for your understanding and cooperation in keeping the park healthy and pleasant for everyone.

In the event of an infringement of one or more provisions of this clause and/or one or more provisions of the Internal Regulations, the Establishment will be within its rights to terminate the Customer’s stay and ask him/her to leave the premises without compensation or reimbursement for the stay.

These general terms and conditions and all non-contractual obligations arising out of or in connection herewith are governed by and construed in accordance with Belgian law.

Any dispute between the parties, including any dispute relating to any non-contractual obligation, arising out of or in connection with these general terms and conditions, will be exclusively and definitively settled by the courts of the judicial district of Hainaut, Mons division.

In the event of inconsistency between or differing interpretations of the English, French and Dutch versions of these general terms and conditions, the French version will prevail.