Terms & conditions

1. Identity and General

1.1 HUSWELL BV, located at Doornstraat 76, 8200 Bruges, registered with the Crossroads Bank for Enterprises under company number BE0717.669.742.

1.2 Based on the agreement entered into (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 covers the provision of services by HUSWELL to the Client. All actions performed by HUSWELL concerning the Guest under the Assignment are always in the name and on behalf of the Client. HUSWELL does not offer the Accommodation directly to Guests but merely creates listings on intermediary rental platforms in the name and on behalf of the Client. The Guest is informed of the identity and legal relationship with the Client so 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 and to every quotation, and form an integral part of the Agreement.

1.4 Prior to concluding the agreement, HUSWELL will always refer the Client to the General Terms and Conditions on its website.

1.5 Third parties involved in executing the Assignment provided by HUSWELL are also bound by the General Terms and Conditions.

2. The Agreement

2.1 Before HUSWELL starts providing services, an agreement of indefinite duration will be concluded between HUSWELL and the Client (the “Agreement”).

2.2 The Assignment, as agreed in the Agreement, will be executed by HUSWELL to the best of its ability and expertise, taking into account the wishes of the Client as much as possible.

2.3 HUSWELL has exclusive rights for the execution of the Assignment.

3. Termination of the Agreement

3.1 Unless otherwise agreed, either party may terminate the Agreement at any time by giving written notice with a three-month notice period.

3.2 Upon termination, HUSWELL will continue to execute the Assignment until the end of the notice period. The Client shall indemnify HUSWELL against claims from third parties resulting from such termination.

3.3 If it is found that the Client has provided incorrect information, HUSWELL has the right to immediately terminate the Agreement by written notice and is no longer obligated to carry out the Assignment.

3.4 If HUSWELL proceeds with termination following prior written notice, it will not be liable for any costs or damages resulting from this termination.

4. Third Parties

4.1 HUSWELL has the right to subcontract specific activities to carefully selected third parties.

4.2 HUSWELL cannot be held liable for negligence, damage, or shortcomings caused by these third parties but will assist in pursuing compensation directly from the third party.

5. Liability

5.1 HUSWELL provides material services. Intellectual services such as advice or estimates are non-binding and carry no guarantee of accuracy or completeness. No rights may be derived therefrom.

5.2 HUSWELL is only liable to the Client for willful misconduct or gross negligence, or for errors made by its appointees. This liability only covers direct damages. HUSWELL is never liable for indirect damages such as loss of profits or savings.

5.3 If the Client provides incomplete or incorrect information, HUSWELL cannot be held liable for any resulting consequences.

5.4 The Client is responsible for compliance with all laws and regulations related to the activity and its revenues. This includes obtaining necessary permits, complying with fire safety standards, and paying any required tourist taxes.

5.5 The Client confirms that the Property is subject to the Decree of February 5, 2016 on tourist accommodations (the "Tourism Decree") and its implementing decisions, and that it complies with all applicable requirements. The Client also confirms to have valid fire insurance and liability coverage.

5.6 The Client declares to have insurance for civil liability related to damages caused by them or their appointees.

5.7 The Client confirms ownership of the Property or, if not the owner, a lease agreement that permits subletting.

5.8 The Client is responsible for compliance with the General Terms and Conditions of the rental platforms used.

5.9 HUSWELL is not liable if the Client fails to meet their obligations and must be indemnified against third-party claims.

5.10 The Client must fully indemnify HUSWELL for any third-party claims related to the Accommodation.

5.11 HUSWELL is not liable for damages caused by Guests but will make reasonable efforts to identify and recover such damages. Minor damages are generally not pursued. HUSWELL is not obligated to reimburse damage that cannot be recovered.

6. Delivery of the Accommodation

6.1 The Client must deliver the Property in a clean and tidy state and inform HUSWELL of any visible or hidden defects.

6.2 HUSWELL may charge cleaning fees if condition 6.1 is not met.

6.3 The Client must provide all necessary items to make the Property guest-ready.

6.4 The Property will be listed as furnished, with 90% of the price attributed to the real estate and 10% to the furniture.

7. Intellectual Property

7.1 All materials created by HUSWELL in the context of the Assignment (e.g., texts, accounts, listings) remain the property of HUSWELL, even after termination of the Agreement. The Client may not use this material without prior written consent.

8. Privacy

8.1 All Client data (e.g., address, phone, bank details) are subject to Belgian privacy laws and are shared only when strictly necessary. HUSWELL processes personal data in accordance with the General Data Protection Regulation (EU Regulation 2016/679).

9. Payment

9.1 HUSWELL is authorized to collect payments from Guests and/or rental platforms and transfer them to the Client after deducting owed fees. A detailed monthly statement is provided by the 14th of the following month. Payments are made via netting, even if amounts are not yet due or finalized.

9.2 For existing Agreements, the rates at the time of signing apply.

9.3 All rates used by HUSWELL are exclusive of VAT unless otherwise stated.

9.4 In case of (partial) non-payment of an invoice, the Client owes 1% interest per month from the moment of written notice of default.

10. Changes

HUSWELL reserves the right to revise its terms, prices, and fees for objective reasons, such as increased costs due to taxes, duties, wages, etc. Changes take effect the first day of the month following notification. The Client may reject changes within one month of notification, resulting in termination of the Agreement per article 6.2. HUSWELL may also index prices annually on January 1 using the following formula:
Pnew = Pold × {0.2 + [0.8 × (Agorianew / Agoriaold)]}
where Agoria values are published labor cost indices for the digital sector.

11. Repairs

11.1 HUSWELL may repair or replace items needed for normal use of the Accommodation and to meet legal obligations, and may charge these costs to the Client.

11.2 For costs exceeding €250 (excl. VAT), HUSWELL will notify and request prior approval from the Client.

12. Force Majeure

12.1 HUSWELL cannot be held liable for failure to fulfill obligations due to circumstances beyond its control.

12.2 If force majeure lasts longer than two months, HUSWELL may terminate the Agreement without notice or compensation.

13. Applicable Law and Disputes

13.1 Belgian law applies to all legal relationships involving HUSWELL.

13.2 Disputes are exclusively handled by the courts in the judicial district of HUSWELL’s registered office.

13.3 All parties will first make maximum effort to resolve disputes amicably before proceeding to court.

14. Miscellaneous

14.1 The Dutch version of the General Terms and Conditions is decisive and prevails in case of discrepancies with translations.

14.2 HUSWELL may modify the General Terms and Conditions at its discretion. Updated terms are published on the HUSWELL website and take immediate effect.