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Terms and Conditions

1. Definitions

  1. “Beachcabins:” Eskidoos BV, with its registered office at Wezelstraat 8, 9032 Ghent and company number BE0745.808.056.
  2. “Client”: the natural or legal person who creates an account on the Website and enters into an Agreement with Beachcabins, for professional or non-professional purposes.
  3. “Agreement”: the agreement concluded between the Client and Beachcabins regarding the use of the Website as a marketplace for advertising, renting, or renting out beach cabins, including these terms and conditions, and all related appendices, offers, orders, and invoices.
  4. “Force Majeure“: any event that renders the performance of Beachcabins’ obligations impossible, particularly difficult, or particularly costly, as further described in these conditions. Without limitation, the following events are considered to constitute an external cause or a case of Force Majeure for Beachcabins: failure of internet connections or electronic communication networks, problems or failures or defects in hardware or software, including those of third parties, e.g., failures, errors, or limitations at Stripe, temporary, incorrect, or incomplete unavailability of (computer) systems, strike, lockout, war, government mandate, requisition, occupation of territory, riot, terrorist attack, attack, sabotage, epidemic, pandemic, disease, binding government measures due to epidemics, pandemics, or diseases, fire, flood, heavy snowfall, storm, earthquake, natural disaster, defect in machinery, equipment or material, traffic jams, late delivery by suppliers, service providers, subcontractors or partners, shortage of materials or raw materials, price increases at suppliers, service providers, subcontractors or partners, insolvency of suppliers, service providers, subcontractors or partners, and any external cause of suppliers, service providers, subcontractors or partners. The aforementioned events are considered unforeseeable and unavoidable for Beachcabins.
  5. “Listing”: the offer to rent a beach cabin placed by a User on the Website.
  6. “Website”: the online marketplace accessible via www.beachcabins.be, owned and managed by Beachcabins.

2. SCOPE OF APPLICATION

  1. The Client expressly confirms having read and accepted these terms and conditions.
  2. The text of these terms and conditions can be consulted at any time in the “Terms and Conditions” section of the Website.
  3. These terms and conditions apply to any use of the Website, including creating an account, posting a Listing, responding to a Listing, concluding a rental agreement between Users, as well as to all services provided by Beachcabins in this regard and to the agreement with you as a Client.
  4. Beachcabins acts exclusively as an intermediary and facilitates the conclusion of rental agreements between private individuals by offering an online marketplace. Beachcabins is not itself a party to the rental agreement between the Lessor and the Lessee, and does not itself offer beach cabins.
  5. All general, specific, or usage terms of third parties or Beachcabins’ service providers, such as Stripe, are fully applicable and the Client must also comply with them.

3. USE OF THE WEBSITE

  1. Users are required to provide accurate and complete information when creating an account and posting a Listing.
  2. The Lessor guarantees that they are authorized to rent out the beach cabin concerned and that the rental complies with applicable legislation and municipal regulations.
  3. The Lessee guarantees that they will use the beach cabin as agreed with the Lessor and in accordance with legal and contractual provisions.
  4. Beachcabins reserves the right to refuse, modify, or delete listings if they are contrary to law, public morality, or these terms and conditions.
  5. Additional Terms of Use for Lessees
    1. No excessive noise (quiet from 10 PM).
    2. No overnight stays in the beach cabins.
    3. No disturbance to users of neighboring cabins.
    4. The beach cabin must be left clean and in good condition.
    5. Furniture must be returned indoors after use.
    6. Sand must be brushed off with the brush provided for this purpose.
    7. Waste must be taken away or disposed of according to instructions.
    8. The lessee agrees with the lessor on the time and practical arrangements regarding check-in and check-out.
    9. Any damage or problem must be immediately reported to the lessor.
    10. The lessee must comply with any additional house rules of the lessor, provided they are reasonable and clearly communicated in advance via the platform.
  6. Additional Terms of Use for Lessors
    1. The cabin must be in good condition, safe, and clean.
    2. The lessor complies with the municipal regulations of the coastal municipality where the cabin is located.
    3. Information, descriptions, and photos of the cabin must be accurate, current, and not misleading.
    4. The lessor freely determines whether a security deposit is required, provided this is clearly indicated.
    5. The lessor is responsible for check-in and check-out arrangements with the lessee.
    6. The lessor is the primary point of contact for the lessee in case of questions or problems.
    7. The lessor provides at least one brush for the lessee to brush off sand.
    8. The lessor declares that the rental complies with the applicable municipal provisions.
    9. Lessors are themselves responsible for the correct declaration of their income derived from renting beach cabins via the Beachcabins platform and for complying with all legal tax obligations in this regard.
    10. Beachcabins acts exclusively as an intermediary and is in no way responsible for the Lessor’s tax obligations.
    11. According to current Belgian legislation, the following applies to private lessors (for informational purposes only):
    12. VAT If you rent your beach cabin without additional services (such as cleaning, towels, breakfast, or other hotel services), you are not subject to VAT:
    13. You do not have to charge VAT on the rental price;
    14. You do not have to register as a VAT taxpayer.
    15. Personal Income Tax Income from the occasional rental of your beach cabin is considered miscellaneous income and is therefore not professional income:
    16. You do not have to pay withholding tax;
    17. The income must be included in your annual tax return;
    18. You can deduct expenses: either a flat rate of 50%, or your actual expenses with proof;
    19. Only the net amount is taxed at your personal tax rate.
    20. For additional questions or personal situations, it is advisable to contact a tax advisor or your accountant.
  7. Beachcabins cannot assume any responsibility for illegal or unauthorized rental.
  8. The lessor is himself responsible for the correct declaration of income derived from renting the beach cabin to the competent tax authorities. Beachcabins does not offer tax advice and cannot in any way be held responsible for non-compliance with tax obligations. The lessor must fully indemnify Beachcabins and hold it harmless in case of a claim from third parties or the tax authorities in this regard.
  9. A confirmed booking is final. Cancellation or refund of a rental period is not possible, for any reason whatsoever. By making a booking, the lessee irrevocably accepts this condition.

4. PRICES, INVOICING, and PAYMENTS

  1. The Lessor sets the rental price of the beach cabin themselves. The Lessee pays Beachcabins the total price comprising: the rental price set by the Lessor (100%) increased by a platform commission of thirty percent (30%) calculated on the rental price.
  2. This commission includes, among others, the commercial and operational running costs of the platform, including transaction fees of the payment partner Stripe, and remuneration for Beachcabins’ services. The commission includes 21% VAT. Beachcabins correctly remits this VAT to the competent tax authority.
  3. The Lessee pays the total amount (rental price + commission) at the time of booking. Payment is processed via Stripe and is only released after the end of the rental period. The Lessor receives their rental price at the latest a few days after the end of the rental period, except in case of dispute or technical delay.
  4. Beachcabins reserves the right to annually revise the commission rate with at least 7 calendar days’ written notice, and to revise it by a maximum of 80% in case of (i) an increase in one or more actual cost factors or (ii) an increase in government levies. If the Client has not notified in writing their objection to the new price or prices within seven (7) calendar days from the notification of the price increase, they are deemed to accept the new price or prices.
  5. In case of payment disputes or in case of abuse, fraud, or non-compliance with these conditions, Beachcabins reserves the right to suspend or recover payments, in accordance with Article 5 below.

5. DEFAULT – SUSPENSION – TERMINATION OF THE AGREEMENT

  1. Beachcabins has the right to suspend its obligations with immediate effect, without being liable for any compensation, in the event that the Client fails to fulfill its obligations under the Agreement, including but not limited to failure to make full payment, even within the framework of an agreement other than the one to which the breach relates. In both cases, Beachcabins will inform the Client in writing of the suspension of its obligations and the reasons for it.
  2. If the Client fails to comply with one or more of its contractual obligations (e.g., non-payment or incomplete payment), Beachcabins also has the right to terminate the Agreement at the Client’s expense without prior judicial intervention. Beachcabins can only terminate the Agreement with the Client extrajudicially in accordance with this Article 5.2 if Beachcabins has first formally notified the Client in writing and the Client has failed to fulfill its contractual obligations within seven (7) calendar days after the postmark of said formal notice. In case of termination of the Agreement by Beachcabins at the Client’s expense in accordance with this Article 5.2, Beachcabins is, where applicable, entitled to reimbursement and/or to (additional) compensation from the Client, in accordance with what is stipulated in Article 5.4, without prejudice to Beachcabins’ right to claim higher compensation upon proof of higher actual damage. The foregoing does not affect the Client’s obligation to make full payment in accordance with the Agreement. Thus, the Client will also not be entitled to reimbursement of payments already made.
  3. Non-compliance by the Lessor and reimbursement
    1. If the Lessor fails to provide the Lessee with access to the beach cabin or in any way prevents or limits the performance of the rental agreement as agreed after payment and booking confirmation, the Lessee is entitled to a full refund of the amount paid, including the 30% platform fees.
    2. Such a situation is considered a breach of contract by the Lessor, unless the latter demonstrates that there is Force Majeure.
    3. In such a case, Beachcabins will refund the total amount to the Lessee and will then recover it from the Lessor.
    4. The Lessee must report the lack of access in writing to wannes@beachcabins.be within 24 hours of the start of the rental period.

6. Right of Withdrawal

  1. No right of withdrawal for fixed-term rental
  2. In accordance with Article VI.53, 12° of the Code of Economic Law, the consumer does not have a right of withdrawal for leisure-related services if the contract provides for a specific date or period of performance.
  3. Given that the rental of beach cabins via Beachcabins concerns a specific date or period, the Lessee expressly acknowledges and accepts that no right of withdrawal applies to the booking.
  4. Binding Nature of the Booking
  5. Any booking confirmed by the Lessee via the Beachcabins platform is binding. The Lessee cannot cancel it free of charge for personal reasons or for any other reason, as the right of withdrawal does not apply.

7. LIABILITY

  1. Beachcabins is not responsible for the performance of the rental agreement between the Lessee and the Lessor, nor for damages resulting from errors, misunderstandings, or conflicts between the Client and/or the Lessee and the Lessor.
  2. Beachcabins offers no guarantee as to the availability, quality, safety, or legality of the beach cabins offered.
  3. Beachcabins is also not responsible for damages resulting from incorrect information provided by Users, nor for non-compliance with contractual obligations between Users.
  4. Beachcabins cannot be held liable for direct or indirect damages resulting from the use of the Website, except in case of deliberate intent or gross negligence on the part of Beachcabins.
  5. In any event, Beachcabins’ total cumulative liability towards the Client, for both direct and indirect damages, even in case of material damage, is limited to the remuneration received by Beachcabins under the Agreement.
  6. The Client must fully indemnify Beachcabins for principal, interest, and costs (legal or attorney’s fees) for any third-party claim in connection with the Agreement.

8. PROCESSING OF PERSONAL DATA

  1. Beachcabins processes the personal data of Clients as users of the Website in accordance with applicable privacy legislation, including the General Data Protection Regulation (GDPR).
  2. For more information, please consult the privacy policy on the Website: https://discover.beachcabins.be/privacybeleid/.

9. INTELLECTUAL PROPERTY

  1. All content on the Website, including texts, images, logos, and software, is the property of Beachcabins or its licensors and is protected by intellectual property rights which are and remain the property of Beachcabins. No provision of the terms and conditions or the Agreement shall be interpreted as constituting a total or partial transfer of these intellectual property rights to the Client.
  2. Users may only use the content within the scope of using the Website and may not copy, distribute, or otherwise use it without Beachcabins’ prior written permission.

10. FORCE MAJEURE

  1. Beachcabins is not responsible for the non-performance, late performance, or defective performance of its obligations if this results from a case of Force Majeure.
  2. In case of Force Majeure, Beachcabins is entitled to suspend its obligations as long as the force majeure situation lasts. If the force majeure situation persists for more than thirty (30) days, both Beachcabins and the Client have the right to terminate the Agreement without cost, without either party being able to claim damages.
  3. In case of Force Majeure, the Client has no right to compensation from Beachcabins, on any grounds whatsoever.

11. APPLICABLE LAW AND COMPETENT COURTS

  1. These terms and conditions and the Agreement are exclusively governed by Belgian law.
  2. All disputes arising from or related to these terms and conditions or the Agreement fall under the exclusive jurisdiction of the courts of Ghent (Ghent section(s)), unless the Client is a consumer, in which case the court of their place of residence has jurisdiction.

12. FINAL PROVISIONS

  1. Beachcabins reserves the right to amend these terms at any time. The amended version is always published on the Website and applies from the moment of its publication, unless expressly stated otherwise.
  2. The nullity, invalidity, or unenforceability of one or more provisions of these terms and conditions or the Agreement shall in no way lead to the nullity, invalidity, and/or unenforceability of the other provisions of these terms and conditions or the Agreement. If any provision exceeds a legal limitation, the provision concerned or its part shall not be void, but the parties shall be deemed to have agreed that such provision or its contentious part shall be reduced or limited to the maximum permitted by applicable law, and any provision or part thereof that exceeds these limits shall be automatically adjusted or replaced by a valid clause that most closely approximates the parties’ intention.
  3. The Agreement can only be amended or supplemented by a written agreement confirmed by the parties. Any waiver of rights under the Agreement must be made in writing, expressly and unambiguously.
  4. No delay or omission in the exercise of rights or remedies by one party regarding a breach by any other party shall deprive the first-mentioned party of the right to exercise such rights subsequently and shall not be considered a waiver of a right on the part of the party concerned.
  5. If the Client is a consumer, these terms and conditions always apply without prejudice to mandatory legal provisions protecting consumers (in particular the relevant provisions of the Code of Economic Law, including Article VI.83 and Book XIX of said code, as well as Articles 1649bis – 1649octies of the Civil Code).
  6. To the extent that these terms and conditions set an amount as compensation (for damages) that the Client as a consumer would be required to pay to Beachcabins when the former fails to meet its obligations under the Agreement, equivalent compensation (for damages) is provided for the Client at the expense of Beachcabins should the latter be in default towards the Client.

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