Booking and cancellation conditions

1. Scope and precedence

We act as a professional intermediary and property manager for short-term rental accommodation worldwide. We may advertise accommodation through third-party platforms such as Booking.com, Airbnb, Expedia, Vrbo and FeWo-direkt, and through other commercial channels or partners.

These conditions also apply when you book through such a platform. In case of conflict between these conditions and the terms of a platform, these conditions always prevail. No rights can be derived from the conditions of an external booking platform.

After a booking through a platform you become a #JAMES guest: once you confirm your mobile number with a code in the #JAMES app, your reservation appears on your dashboard in the app.

2. From request to booking

You can ask for a stay through our website, the chat, the #JAMES app, a personal link (landing page) or a booking platform. We then send you a proposal through the app or, without an account, via WhatsApp, text message or email with a link to a personal page.

Every offer remains non-binding until:

• the owner of the property has approved the reservation; and
• you have completed the mandatory pre-check-in in the #JAMES app (see article 3).

You receive an invitation to activate your account via WhatsApp, text message or email. Without that invitation you can always download the #JAMES app and activate your account yourself.

Until the reservation has been approved by the owner and by you, only the dates and the number of guests (up to the maximum of the property) can be changed. Another property is a new proposal.

3. Legally binding digital contract (pre-check-in)

The accommodation agreement is concluded when you complete the mandatory pre-check-in in the #JAMES app.

The pre-check-in includes:

• explicit acceptance of these conditions;
• upload of a valid identity card or passport of the booker;
• the full legal name and home address of the main booker;
• your email address;
• your invoice details.

Completing the pre-check-in constitutes a legally binding agreement and an electronic signature under Article XII.15 of the Belgian Code of Economic Law, and you accept that it is enforceable under Belgian law. From that moment the agreement is legally enforceable.

4. Visual information and prior awareness

Before you confirm, you receive a digital PDF Look Book with professional photographs (without wide-angle distortion) and video material of the property, so that you can decide on the basis of sufficient information. You also have access to our website, Instagram, YouTube and other online channels, which show our properties in detail.

By completing the pre-check-in you confirm that you received sufficient and transparent information and that you accept the property as presented. No claims can be based on elements that were reasonably visible or could be assessed from these materials.

5. Check-in and check-out

Unless the reservation states otherwise, check-in is from 16:00 and check-out is at 11:00. The times of a booking platform do not apply.

An early check-in or a late check-out is only possible when we confirm it. It is either included (shown in the details of the reservation) or charged as a separate line on the invoice.

6. Invoice and payment

After your pre-check-in we prepare your invoice. It is issued in the currency of your reservation and refers to your reservation number. The invoice states when you completed the pre-check-in and accepted these conditions, and includes the link to these conditions. VAT is shown per line; if the invoice is addressed to a company, Belgian VAT (21%) applies where legally required.

You receive a link to a personal page where you can view and download the invoice, also if you have a #JAMES app account (you also find it in the app). Before viewing, you confirm with a code that we send to your mobile number by WhatsApp or text message, or by email if you do not have your phone at hand. We record when and how the invoice was viewed or downloaded.

All digital international payment methods are accepted. When you pay by credit card, the card costs are charged to you on top of the invoice amount. Cash payments are never accepted. The invoice must be paid in full within the term stated on it. The reservation is only definitive after full payment. When we receive your payment, we confirm it in the app and in the chat.

7. Non-payment, default and acceleration

If you do not pay by the due date, you are automatically in default, without notice, and the following are due:

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

We may then:

• refuse access, without any right to a refund of the amount due;
• suspend the stay, without any right to a refund of the amount due;
• terminate the agreement without refund;
• claim full performance of the agreement.

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

8. Cancellation policy

Free cancellation is possible (except for non-refundable reservations) up to:

• 14 days before check-in in low season;
• 21 days before check-in in high season.

A reservation falls in high season if it is made in the school holidays of the country where the property is located; otherwise low season applies. If another cancellation period applies, it is stated on the reservation invoice.

9. Cancellation fee and discount code

After the free cancellation period, cancellation is possible up to 24 hours before the scheduled check-in. A fee of 25% of the total reservation amount, as stated on the invoice, then becomes immediately due and payable, in accordance with the invoice terms. If a different percentage applies, it is stated on the reservation invoice.

Cancelling less than 24 hours before check-in is not possible. The reservation is then automatically treated as a no-show and the full amount of the reservation invoice becomes immediately due and payable.

Only after payment of the cancellation fee do you receive a personal, non-transferable discount code for a future reservation at the same property. The discount code only serves to recover the amount paid as a cancellation fee. The following applies to it:

• it can only be used for a new reservation at the same property as the cancelled reservation;
• it gives a discount on the total amount of the new reservation and gives no right to the terms of the original reservation, such as nightly rates or minimum stay;
• the booking conditions of the newly chosen dates apply;
• it is valid for six (6) months from the check-in date of the cancelled reservation;
• it is personal and non-transferable;
• it cannot be combined with any other discount, promotion, last-minute or early-bird offer.

If you do not pay the invoice for the cancellation fee within its term, the right to the discount code lapses immediately, without notice and without any right to reinstatement. No claim can be made against us for reimbursement or change of the original reservation terms beyond the use of the discount code.

10. Acceptance by use

When you enter the property and receive the key, you confirm that you accept its visible condition and waive any later claims about visible elements. No renegotiation is possible after use. Complaints or online reviews made in bad faith will lead to legal action.

11. Housekeeping documentation, review and evidence

11.1 Documentation before check-in. Right after preparation and before each check-in, housekeeping makes a full audiovisual recording of the property: every room and item, the general cleanliness and condition, and any visible defects, wear or remarks. These recordings are stored digitally, linked to your reservation and available in the details of your reservation in the #JAMES app, for review and comments.

11.2 Review window. Within 5 minutes after check-in (the time is recorded and shown in the #JAMES app) you receive a push notification in the #JAMES app inviting you to review the housekeeping and linen service. You can then:

• view all recordings;
• rate the housekeeping (1–10);
• rate the cleanliness of the property (1–10);
• add written comments (required);
• upload photo or video evidence (required).

This review window is open for four (4) hours after the recorded check-in time. After more than 4 hours of use, the situation is no longer the same as at check-in. The push notification is formal notice of this opportunity.

11.3 Automatic acceptance after 4 hours. If within 4 hours you do not submit a review or comments, ignore the push notification, did not allow push notifications on your phone, were not logged in to the #JAMES app or use the property without remarks, you are deemed to have irrevocably confirmed that:

• the property was clean at check-in;
• its condition corresponded to all visual materials provided;
• the rental started with full and unconditional acceptance.

After the 4-hour window no complaints about cleanliness or visible condition are accepted, because after four hours of use the original state can no longer be assessed objectively.

11.4 Exclusive remedy. If a complaint is validly submitted within 4 hours, the only remedy is a corrective cleaning or a handyman provided by us to fix the issue. No financial compensation, refund, discount or cancellation is ever granted on the basis of housekeeping remarks.

11.5 Burden of proof. The audiovisual recordings made before check-in are prima facie evidence of the condition of the property, its cleanliness and any existing defects. In case of dispute, the burden of proof that the property was not clean or not in the documented condition at check-in lies entirely with you. Without documented evidence within the 4-hour review window, or if you do not accept the solution we offer (a new cleaning or a handyman), you are deemed to have waived any contrary claims.

11.6 Digital time stamps and evidence. All recordings, reviews, time stamps, push notifications and interactions in the #JAMES app are time-stamped, stored securely and available 24/7 to the guest, the owner, the housekeeper, the host and #JAMES. These data may be cryptographically hashed, stored on secure servers in the Netherlands and Belgium, anchored to blockchain-based timestamp systems and logged in immutable audit trails. They constitute admissible electronic evidence under Belgian law and may be submitted to the competent courts, including the courts of Bruges, as full proof of the condition of the property at check-in, of the timing of the review opportunities and of whether or not you submitted remarks. You expressly acknowledge the evidential value of these digital records.

12. Liability and damage

The booker remains fully liable for damage, theft, excessive cleaning, misuse and breach of the house rules. The inventory and condition are documented on video. Damage exceeding the security deposit remains fully recoverable.

13. Security deposit

13.1 Applicability and payment. A security deposit is required for every reservation. It is processed and held exclusively through the payment platform Stripe and stays with Stripe until it is released; it is not transferred to the bank account of #JAMES, and neither the guest nor the owner acquires any rights over it until the conditions for release are met. The amount is set per property and stated on the reservation invoice. Even if you book through a platform such as Booking.com whose terms provide no or a lower security deposit, our security deposit conditions apply in full.

13.2 Binding condition. Completing the pre-check-in, including acceptance of these conditions and the security deposit terms, is a legally binding agreement. If you refuse to accept or pay the security deposit or these conditions, access to the property may be refused, without any right to a full or partial refund of amounts already paid.

13.3 Basis for liability. The audiovisual recordings and photographs made before check-in and stored in the #JAMES app (article 11) are the reference condition of the property for the security deposit. If you submit no remarks within four (4) hours after check-in, you are deemed to have accepted the documented condition. Damage found at check-out that was not visible in the recordings before check-in is presumed to have been caused by you and may be deducted from the security deposit.

13.4 Check-out inspection. If you are present at the agreed check-out time shown in the #JAMES app, our host inspects the property together with you. If everything is in order, the security deposit is released immediately through Stripe in your presence, and Stripe sends you a confirmation email before you leave. If you are not present, the inspection is done by our host or head of housekeeping, and the release may take up to seven (7) working days; you then waive the right to inspect the property with the host and to an immediate confirmation before departure. The time of the check-out inspection is shown on your dashboard and in the details of your reservation in the #JAMES app.

13.5 Claims and evidence. If you were not present at the check-out inspection, no claims or protests about damage are accepted after check-out, unless supported by clear photo or video evidence showing that the damage did not exist or was not visible in the recordings before check-in. Damage found at check-out beyond the security deposit is payable by you and invoiced separately by #JAMES.

13.6 Release. Release depends on inspection and acceptance of the documented condition of the property. Immediate release after a joint inspection is confirmed by email from Stripe. If you are absent at check-out, release follows within 7 working days after the inspection, less any damage.

13.7 Burden of proof and digital evidence. Recordings, time stamps and housekeeping reviews are prima facie evidence of the condition of the property at check-in. The burden of proof that damage existed before check-in or was not visible in the recordings lies entirely with you. All digital records are stored securely as described in article 11.6 and are admissible evidence before the competent courts of Belgium.

13.8 Damage above the deposit. Damage above the amount of the security deposit is fully recoverable from you. Paying the security deposit does not limit the right of #JAMES or the owner to claim further compensation.

14. Prohibited use

Strictly prohibited: parties, events, commercial use, subletting, more occupants than stated in the reservation, drug use and any other illegal activity. A violation allows immediate termination without refund and may lead to charging extra costs and damage, and to legal action. Illegal activities are reported to the local authorities.

15. Indemnification

You indemnify #JAMES and the owner of the property against:

• claims of third parties;
• administrative fines;
• penalties of a homeowners’ association;
• municipal sanctions.

16. Force majeure

We are not liable for events of force majeure beyond our reasonable control.

17. Privacy

How we process your personal data (for example during the pre-check-in, for the invoice and in the chat) is explained in our privacy policy.

18. Applicable law and jurisdiction

All agreements are exclusively governed by Belgian law. Any dispute about their validity, performance or termination falls under the exclusive jurisdiction of the competent courts of Bruges, Belgium. Foreign law and foreign jurisdiction are expressly excluded.

19. Final acceptance and contact

By completing the pre-check-in, making a (down) payment or entering the property, you confirm full and irrevocable acceptance of these conditions. Deviations are only valid if we confirm them in writing.

Questions about these conditions and any disputes arising from them can only be submitted in writing by email to legal@bnbbutler.be. No other means of communication is valid for raising a dispute or asking for clarification.