JAMES bv, a private limited liability company incorporated under Belgian law, having its registered office in Belgium and registered in the Crossroads Bank for Enterprises (KBO/CBE) under number 0777963457, hereinafter referred to as “JAMES”. 

These Booking and Cancellation Conditions apply to all offers, reservations, agreements, and stays arranged, mediated, or managed by JAMES, irrespective of the geographical location of the accommodation.

ARTICLE 1 – SCOPE AND PREVALENCE

JAMES operates as professional intermediary and property manager for short-term rental accommodations worldwide. JAMES may advertise accommodations via third-party platforms including but not limited to Booking.com, Airbnb, Expedia, Vrbo and FeWo-direkt or other commercial channels or partners.

In case of conflict between the present Conditions and any external platform terms, these Conditions aways prevail. No rights may be derived from external booking platform conditions.

ARTICLE 2 – NON-BINDING OFFER

All offers remain non-binding until, approval by the property owner; and completion of the mandatory pre check-in procedure by the guest in the JAMES app of which as received an account activation invite via whasapp, sms or email. Without that invite the guest always can download the JAMES app and activate is account individually.

ARTICLE 3 – LEGALLY BINDING DIGITAL CONTRACT (PRE CHECK-IN)

The accommodation agreement is legally concluded upon completion of the mandatory pre check-in procedure in the JAMES app.

Pre check-in includes:

• explicit acceptance of these Conditions;
• upload of a valid identity card or passport of booker
• registration of full legal name and residential addres of main booker
• completion of invoice details.
• completion of pre check-in constitutes:

A legally binding agreement, an electronic signature under Article XII.15 Belgian Code of Economic Law, Acceptance of enforceability under Belgian law, from that moment, the agreement is legally enforceable. 

ARTICLE 4 – VISUAL INFORMATION AND PRIOR AWARENESS

Prior to confirmation, the guest receives, a digital PDF look book which include the professional photographs (without wide-angle distortion), property video material, so the guest can make the decision to confirm the reservation on enough information. The booker has access to the website, Instagram, Youtube and other online channels of JAMES, which widely provide info, insight of all properties. By completing pre check-in, the guest confirms having received sufficient and transparent information and accepts the property as presented. No claims may be based on elements reasonably visible or assessable from these materials.

ARTICLE 5 – PAYMENT TERMS

Invoices are issued after pre check-in via email. All digital international payment methodes are provided, in case of creditcard, the costs of the creditcard is charged to the guest on top of the invoice amount. No payments in cash will accepted in any situation. Payment must be made in full within the invoice term. If invoiced to a company, Belgian VAT (21%) applies where legally required. The reservation is only definitive after full payment.

ARTICLE 6 – NON-PAYMENT, DEFAULT AND ACCELERATION

Failure to pay within the due date results automatically and without notice in legal default;

• statutory interest in accordance with Belgian law
• fixed indemnity of 10% with minimum EUR 250
• recovery of all judicial and extrajudicial costs

JAMES may:

• refuse access, without right to retribution on the amount due
• suspend stay, without right to retribution on the amount due
• terminate the contract without refund
• claim full contractual performance

6.1 Acceleration Clause
in case of non-payment of any amount due, all outstanding and future amounts relating to the reservation shall become immediately due and payable by operation of law and without prior notice.

ARTICLE 7 – CANCELLATION POLICY

Free cancellation (except non-refundable reservations):

• 14 days before check-in (low season)
• 21 days before check-in (high season)

A reservation is subjected to ‘High season’ if it is made in a school holiday’s of the country where the property is rented. Otherwise, cancellation fee applies based on ‘Low season’. If other cancelation period is applicable, this will be stated on the reservation invoice.

ARTICLE 8 – CANCELLATION FEE

In the event of cancellation, which is only permitted up to 24 hours before the scheduled check-in date, a fee equal to 25% of the total reservation amount, as stated on the invoice, shall become immediately due and payable. The cancellation fee must be paid in full in accordance with the invoice terms.

Cancellations made less than 24 hours before check-in are not permitted. In such cases, the reservation shall be automatically classified as a no-show, and the full amount of the reservation invoice shall become immediately due and payable.

Only after payment of the cancellation fee, the guest will receive a personal, non-transferable discount code, which may be applied toward a future reservation at the same property. The discount code is intended solely to recover the amount paid as a cancellation fee.

The following conditions apply to the discount code:

• it may only be used for a new reservation on the same property as the canceled reservation
• it provides a discount on the total amount of the new reservation, and does not entitle the guest to any claim regarding the original reservation terms, including but not limited to, nightly rates or minimum stay requirements
• other booking conditions of the newly chosen reservation dates
• the discount code is valid for six (6) months from the date of check in of the canceled reservation
• it is personal and non-transferable
• it cannot be combined with any other discount, promotion, last-minute, or early-bird offers

If the guest fails to pay the invoice for the cancellation fee within the payment term stated on the invoice, the entitlement to the discount code for recovering the cancellation fee shall be immediately revoked, without notice and without any right to reinstatement.

No claim may be made against JAMES for reimbursement or alteration of the original reservation terms beyond the application of the discount code. If a different cancelation percentage is applicable, this will be stated on the reservation invoice.

ARTICLE 9 – ACCEPTANCE BY USE

Upon accessing the property and receiving the key to the rented property, the guest confirms acceptance of visible condition; Waiver of retroactive claims for visible elements, that no post-usage renegotiation is permitted. Bad faith complaints or online reviews, automatically give rise to legal action.

ARTICLE 10 – HOUSEKEEPING DOCUMENTATION, REVIEW AND EVIDENTIARY FRAMEWORK

10.1 Pre-Check-In Documentation
Immediately after preparation and prior to each check-in, housekeeping performs a comprehensive audiovisual recording of the property. This recording includes:

• filming of every individual room and item
• filming of general cleanliness and condition
• documentation of any visible defects, wear or remarks

These recordings are digitally stored and linked to the specific reservation and are available to the guest in it’s account within the reservation details in the JAMES app for review and comments.

10.2 Digital Availability and Review Window
Within 5 minutes after check-in (the time of which is recorded and shown in the JAMES app) the guest receives a push notification via the JAMES app inviting him/her to review the quality of the pre check in housekeeping and linen service, the guest is able to:

• review all recordings
• rate housekeeping (1–10)
• rate the cleanness of the property (1–10)
• submit written comments (mandatory)
• upload photo/video evidence (mandatory)

This review window remains strictly available for four (4) hours after official check-in time as recorded, when the property is used by the guest for more then 4 hours, the situation is not the same as presented at check in. The push notification constitutes formal notice of this opportunity.

10.3 Automatic Acceptance After 4 Hours
If the guest fails to submit a review, or comments to JAMES within 4 hours, ignores the push notification, or did not activate push notifications on his phone, was not logged on to the JAMES app, uses the property without submitting remarks, the guest shall be deemed to have irrevocably confirmed that:

• the property was clean at check-in
• the condition corresponded to all provided visual materials
• the rental commenced in full and unconditional acceptance

After expiration of the 4-hour window, no complaints regarding cleanliness or visible condition shall be accepted. The rationale is that after four hours of use, objective assessment of the original state is no longer possible.

10.4 Exclusive Remedy
If a complaint is validly submitted within 4 hours, the exclusive remedy shall be corrective cleaning, or a handyman provided by JAMES to fix the issue. No monetary compensation, refund, discount, or cancellation shall ever be granted on the basis of housekeeping remarks.

10.5 Evidentiary Burden Clause (Reversal of Burden of Proof)
The audiovisual recordings made prior to check-in shall constitute prima facie evidence of:

• the condition of the property
• the level of cleanliness
• the existence of any pre-existing defects

In the event of dispute, the burden of proof that the property was not clean or not in documented condition at check-in shall rest exclusively with the guest. Absent timely submission of documented evidence within the 4-hour review window, or non acceptance by the guest of a solution provided by JAMES in the form of a new cleaning by housekeeping, or a handyman to fix the issue, the guest shall be deemed to have waived any contrary claims.

10.6 Digital Timestamp and Immutable Evidence Clause
All audiovisual recordings, review submissions, timestamps, push notifications, and user interactions within the JAMES app are digitally time-stamped and securely stored and 24/7 available for the guest, the owner, the housekeeper, the host and JAMES.

Such data may be:

• cryptographically hashed
• stored on secure (Dutch & Belgium) servers
• anchored to blockchain-based timestamp verification systems
• logged with immutable audit trails

These digital records shall constitute admissible electronic evidence under Belgian law and may be produced before the competent courts, including the Courts of Bruges, as full evidentiary proof of:

• the condition of the property at check-in
• the timing of review opportunities

Whether the guest submitted or failed to submit remarks, the guest expressly acknowledges the evidentiary value of such digital records.

ARTICLE 11 – LIABILITY AND DAMAGES

The booker remains fully liable for, damage, theft, excessive cleaning, misuse, breach of house rules. Inventory and condition are documented by video. Damages exceeding deposit remain fully recoverable.

ARTICLE 12 – SECURITY DEPOSIT

12.1 Applicability and Payment
For every reservation, a security deposit is required. The security deposit is processed and held exclusively via the Stripe payments platform and remains in Stripe until release. The security deposit is not transferred to the bank account of JAMES, and no rights of the guest or owner arise over the deposit until conditions for release are met. The amount of the security deposit is unique per property.

Even if the reservation is made via a commercial booking platform such as Booking.com, and the platform’s terms do not provide for a security deposit, or provide for a lower maximum amount, the security deposit conditions of JAMES bv shall prevail in full. The amount of the security deposit will be specified in the reservation invoice.

12.2 Legal Binding Condition
Completion of the pre check-in, including acceptance of these Booking Conditions and security deposit terms, constitutes a legally binding agreement.

If the guest refuses to accept or pay the security deposit or these Booking Conditions, access to the property may be refused, without any entitlement to refund or partial reimbursement of amounts already paid.

12.3 Basis for Liability
The audiovisual recordings and photographic documentation of the property, made prior to check-in and stored in the JAMES app as part of the housekeeping review, constitute the baseline condition of the property for all purposes relating to the security deposit.

If the guest fails to submit any remarks regarding the property condition within four (4) hours after check-in, as stated in article 11, the guest is deemed to have accepted the condition as documented. Any subsequent damages observed at check-out that were not visible in the pre-check-in recordings shall be presumed liable against the guest and may be deducted from the security deposit.

12.4 Check out Procedure

Guest present at check out check: When the guest is present at the agreed check out time as stated in the JAMES app, a joint visible inspection of the property will be conducted with the host of JAMES. If all is found to be in order, the security deposit is released immediately via Stripe in the presence of the guest. Stripe provides a confirmation email to the guest as proof of release prior to departure.

Guest not present at check out check: If the guest is absent on the agreed check out time as stated in the JAMES app, the inspection will be conducted by the host or head of housekeeping of JAMES. In such case, the release of the security deposit may take up to seven (7) working days.

The guest explicitly waives the right to inspect the property with the host or receive immediate confirmation prior to departure. The time of the check out check is shown on the personal dashboard and details of the reservations in the account of the guest in the JAMES app.

12.5 Claims and Evidence
If the guest was not present at check out check on the agreed check out time as stated in the JAMES app, after checkout, no claims or protests by the guest regarding damages will be accepted unless supported by clear photo or video evidence demonstrating that the damage did not exist or was not visible in the pre-check-in audiovisual documentation stored in the JAMES app.

Any damages documented at checkout beyond the amount of the security deposit are payable by the guest and directly invoiced separately by JAMES.

12.6 Release of Security Deposit
Release is conditional upon inspection and acceptance of the property’s documented state. Immediate release after a joint inspection will be confirmed via Stripe email.

If the guest is absent at checkout, release occurs within 7 working days after post-check out inspection, subject to deductions for damages if applicable.

12.7 Evidentiary Burden and Digital Proof
Audiovisual recordings, timestamps, and housekeeping reviews constitute prima facie evidence of the property’s condition at check-in.

The burden of proof that damages existed prior to check-in or were not visible in recordings rests entirely with the guest.

All digital records, timestamps, and app interactions are securely stored, cryptographically hashed, and may be anchored to blockchain verification systems, and constitute admissible evidence before the competent courts of Belgium.

12.8 Liability for Excess Damages
Any damages exceeding the security deposit amount are fully recoverable from the guest. Payment of the security deposit does not limit JAMES’ or the property owner’s rights to claim further compensation for additional damages.

ARTICLE 13 – PROHIBITED USE

Strictly prohibited: Parties; events; commercial use; subletting; over-occupancy other then stated in the reservation, drugs usage, all other illegal activities. Violation permits immediate termination without refund and or result into charging the extra costs and damages and legal actions. Illegal activities are automatically reported to the local authorities.

ARTICLE 14 – INDEMNIFICATION

The guest indemnifies JAMES and the property owner against:

• third-party claims
• administrative fines
• HOA penalties
• municipal sanctions

ARTICLE 15 – FORCE MAJEURE

JAMES is not liable for force majeure events beyond reasonable control.

ARTICLE 16 – APPLICABLE LAW AND EXCLUSIVE JURISDICTION

All agreements are exclusively governed by Belgian law. Any dispute regarding validity, execution, or termination shall fall under the exclusive jurisdiction of the competent courts of Bruges, Belgium. Foreign jurisdiction and foreign law are expressly excluded.

ARTICLE 17 – FINAL ACCEPTANCE

By completing pre check-in, or making a (down) payment, or accessing the property, the guest confirms full and irrevocable acceptance of these Conditions. No deviation shall be valid unless confirmed in writing by JAMES.

Any questions regarding these Booking and Cancellation Conditions, as well as any disputes arising hereunder, may only be submitted in writing via email to legal@bnbbutler.be. No other means of communication shall be deemed valid for the purpose of raising a dispute or seeking clarification.