General terms and conditions of sale and booking

Article 1 – Purpose and scope

These general terms and conditions of sale and booking (hereinafter the “Terms”) govern all contractual relations between the company Sama Développement SRL, whose registered office is at Avenue Firmin Lecharlier 108, 1090 Jette, registered with the Crossroads Bank for Enterprises under number 0638.868.662 (hereinafter “the Operator”), which operates the establishment “Wellness Calm Spa Privé Bruxelles”, located at Avenue Firmin Lecharlier 108, 1090 Jette (Brussels) (hereinafter “the Venue”), and any person who makes a booking, buys a gift voucher or uses the Venue’s facilities (hereinafter “the Customer”).

These Terms apply exclusively to the Calm Spa Venue. The other establishments operated by the Operator are governed by their own general terms and conditions.

Any booking implies the Customer’s full, complete and unreserved acceptance of these Terms, which the Customer acknowledges having read before payment. This acceptance is given by ticking the box provided for this purpose when booking online.

Article 2 – Age requirements and responsibility for the booking

A booking may only be made by a natural person aged at least eighteen (18) years who has legal capacity to enter into contracts. By confirming the booking, the Customer declares and warrants on their honour that they have reached this age.

Access to the private spa is reserved for persons aged eighteen (18) and over. By way of exception, children mentioned at the time of booking are admitted only when accompanied by at least one adult, who assumes custody of them, constant supervision and full responsibility for them throughout the session. The Operator does not under any circumstances assume supervision of minors.

Any booking made by a minor, or for a group made up solely of minors, without prior written parental consent will be refused. In that case, no refund will be granted.

On arrival, the Customer’s identity document is checked under the conditions set out in Article 10.5.

Article 3 – Booking and payment

Bookings are made online on the Venue’s website, or by telephone on +32 487 58 85 27. A booking covers a specific time slot, duration and number of participants, within the maximum capacity of the space.

A booking only becomes firm and final once payment has been received in full. Online payment is made via a secure payment platform (bank card, Bancontact or any other method offered). If payment is not made in full, the Operator reserves the right not to hold the slot and to offer it to another customer.

The applicable prices are those displayed on the website at the time of booking. They include all taxes and correspond to the total price of the privatised space for the chosen number of participants and duration, including any supplements.

The Customer is solely responsible for the accuracy of the information provided when booking, in particular their telephone number, to which the confirmation is sent.

Article 4 – Changes, cancellation, resale of the slot and no refunds

4.1. Principle: payment is non-refundable. Any payment made is firm and final. It shall under no circumstances give rise to a cash refund, subject to the applicable mandatory statutory provisions.

4.2. Rescheduling, once only, up to forty-eight (48) hours before the service. The Customer may reschedule their appointment themselves once only, up to forty-eight (48) hours before the service. If the new slot is more expensive (for example a Saturday, a different package, or where the booking was paid at a promotional price), the Customer pays the price difference before the rescheduling is confirmed. If the Customer moves to a cheaper slot, this is their choice: no refund of the difference is granted. Less than forty-eight (48) hours before the service, no further rescheduling is possible. No automatic cancellation or refund is possible on the website.

4.3. Less than forty-eight (48) hours in advance. After this deadline, the booking can no longer be rescheduled, changed or cancelled, and does not give rise to any refund. The booked slot remains the Customer’s, and the Customer remains obliged to attend at the agreed time. In the event of non-attendance, the amount paid is retained in full by the Operator as fixed compensation, without postponement or refund.

4.4. Exception: resale of the slot at the Customer’s request. As an exceptional option, a Customer who is unable to honour their booking within the period referred to in Article 4.3 may ask the Operator, by written message sent via WhatsApp to +32 487 58 85 27, to put their slot back on sale, using the following wording: “I prefer to resell my slot. When it is sold, contact me to reschedule another appointment.”

This request constitutes neither a cancellation nor a change to the booking, and places no obligation of result on the Operator, which does not guarantee that the slot will be resold. Until the Operator has contacted the Customer to inform them that the slot has been resold, the slot is not sold: the booking remains fully valid and the Customer remains obliged to attend their appointment. Failing this, Article 4.3 applies.

If the Operator contacts the Customer to inform them that the slot has been resold, the appointment is postponed to a later date, to be agreed between the parties according to the Venue’s availability. This contact may take place at any time, including on the day of the service itself and up to two (2) hours before it begins. The Customer is therefore asked to remain reachable on the number provided when booking.

In all cases, the resale of the slot gives rise exclusively to a postponement of the appointment, and under no circumstances to a cash refund.

4.5. Reason for cancellation. The arrangements described in this Article apply whatever the reason given by the Customer, subject to the applicable mandatory statutory provisions.

4.6. Right of withdrawal. In accordance with Article VI.53, 12°, of the Code of Economic Law, the right of withdrawal does not apply to the provision of leisure services supplied on a specific date or during a specific period. The Customer therefore acknowledges that they have no right of withdrawal for bookings relating to a specific slot.

Article 5 – Cancellation by the Operator

The Operator may cancel a booking in the event of non-payment, force majeure, a technical failure preventing the service from being provided, or a measure imposed by the public authorities.

In these cases, except for non-payment, the amount paid by the Customer is kept as a credit in their favour and may be used for a new booking within two (2) years and six (6) months, or converted into a gift voucher of the same value.

Article 6 – Gift vouchers

Any gift voucher issued by the Operator is valid at either of its two establishments, Wellness Calm Spa Privé (Jette) and Wellness Spa Louise (Ixelles), regardless of the establishment stated on the voucher.

Gift vouchers are valid for two (2) years and six (6) months from their date of issue. This period cannot be extended. Gift vouchers cannot be exchanged for cash and are non-refundable, subject to the right of withdrawal provided for below.

The gift voucher can be used when booking online, using the code it contains, or by telephone on +32 487 58 85 27, subject to availability and to the conditions of use stated on the voucher.

Gift vouchers for a private spa session or for a package are not valid on Saturdays, Sundays, statutory public holidays or on 14 February (Valentine’s Day). They can be used from Monday to Friday, excluding those dates, for a session ending no later than 5.30 pm. Gift vouchers for a massage or a treatment are valid every day except Sunday. Any booking requested with a gift voucher outside these conditions will be refused.

Once a booking has been made using a gift voucher, it may be rescheduled by the Customer themselves up to forty-eight (48) hours before the service, under the conditions of Article 4.2. After this deadline, or in the event of non-attendance, the gift voucher is deemed to have been used, subject to the resale option provided for in Article 4.4.

Right of withdrawal (online purchase of a gift voucher). A person who buys a gift voucher online has fourteen (14) calendar days from the purchase to exercise their right of withdrawal, without having to give any reason, provided that the gift voucher has not been used. The request must be sent in writing to the Operator at the Venue’s address. The refund is made no later than fourteen (14) days after receipt of the request, using the payment method used for the purchase.

Article 7 – Session length, punctuality and overrunning

The booked private space (Calm Spa 1 or Calm Spa 2) is made available exclusively to the Customer and their guests for the booked duration. Any late arrival by the Customer is deducted from the length of the session, with no extension and no price reduction.

The Customer undertakes to vacate the premises at the scheduled time. Any overrun of the booked duration will be charged a supplement of twenty-five euros (25 €) per five (5) minute period or part thereof.

Article 8 – Rules of use and safety

The Customer undertakes to use the facilities made available to them (swimming pool, jacuzzi, sauna, hammam and children’s pool) normally, carefully and in accordance with their intended purpose. Diving or jumping into the pools is strictly prohibited.

Wearing clean sandals is compulsory. Otherwise, sandals can be hired on site at a price of three euros (3 €) per pair.

Out of respect for the neighbours, the Customer and their guests undertake to keep quiet in the vicinity of the Venue, both on arrival and on departure.

The water in the pools (swimming pool, jacuzzi and children’s pool) is treated with chlorine. Its quality is checked several times a day by the Operator and monthly by an independent accredited laboratory. The facilities have high levels of humidity and heat. It is the responsibility of the Customer, and of each of their guests, to make sure that their state of health is compatible with the use of the sauna, the hammam and the pools, in particular in the event of allergy, asthma, respiratory or cardiovascular conditions, or pregnancy. The Operator cannot be held liable for any inconvenience resulting from such a contraindication, and no refund may be claimed on this basis.

The Operator reserves the right to refuse access to the Venue, or to interrupt the session, for any person whose behaviour is contrary to these Terms, to safety, to hygiene or to public decency, without compensation or refund.

Article 9 – Liability

9.1. Private area and safety. The spa area is entirely private: for the entire duration of the booking, the Customer has exclusive use of it (article 3). The Operator does not enter the private area during the session, except in an emergency or when called by the Customer, and does not supervise it in any way. The Customer is solely responsible for their own safety and for the safety of all the persons they bring with them, including children, who must remain under the constant supervision of an adult (article 2). The Operator declines all liability for any accident, fall, injury or other damage occurring inside the private area, unless such damage results from a fault of the Operator or from a defect in the facilities it maintains. The Customer undertakes to comply, and to ensure that their guests comply, with the safety instructions displayed in the Establishment.

The Customer is responsible for the use of the facilities by themselves and by their guests. The Operator declines all liability in the event of any accident, incident or personal injury or property damage resulting from incorrect or careless use or use contrary to these Terms, except in the case of gross negligence or wilful misconduct on its part.

The Operator declines all liability in the event of loss, theft or damage of the personal belongings of the Customer and their guests.

The Customer is required to make good all damage caused to the rented space, its equipment and its furniture, by themselves or by their guests. The costs of repair and restoration will be invoiced to the Customer.

Article 10 – Damage, soiling and decoration

10.1. Principle. The Customer is answerable for the condition of the booked private space (Calm Spa 1 or Calm Spa 2) throughout the session. They are required, for themselves and for their guests, to return the premises and equipment in the condition in which they were handed over. Any damage, deterioration and abnormal soiling found at the end of the session is attributable to the Customer, unless proven otherwise.

10.2. Serious damage: reimbursement of actual costs. The Customer shall reimburse the Operator for all costs actually incurred as a result of serious damage, in particular water, products, labour, a technician’s call-out, repairs and loss of earnings resulting from the closure of the space (including the refund or rescheduling of other customers’ bookings). These costs may not be lower than the following minimum amounts, which correspond to the usual cost of such interventions:

a) putting soap, foam, oil or any other product into the jacuzzi or the swimming pool, making it necessary to drain, clean and refill the pool: one thousand euros (1 000 €) minimum ;

b) pouring water or any other liquid onto the sauna heating elements, resulting in damage to or destruction of the appliance: one thousand five hundred euros (1 500 €) minimum ;

c) any breakage of or damage to the Venue’s equipment, glassware, furniture or fittings: the replacement cost or repair cost of the item concerned.

10.3. Soiling: flat-rate cleaning charge of fifty euros (50 €). A flat-rate cleaning charge of fifty euros (50 €) is payable in the event of abnormal soiling requiring special cleaning, in particular: candle wax that has dripped onto or is stuck to the floor or furniture; a product staining the tiles, grout, walls or any other part of the Venue; flower petals or objects placed in the swimming pool or jacuzzi; use of any product not authorised by the Venue. If the damage goes beyond simple cleaning, Article 10.2 applies.

10.4. Decoration. Any decoration of the space by the Customer or their guests is strictly prohibited. Decoration is carried out exclusively by the Venue, as part of the packages and supplements offered at the time of booking. Any breach of this rule gives rise, at the very least, to the flat-rate charge provided for in Article 10.3.

10.5. Identity check. In order to guarantee payment of the sums referred to in this Article, the Venue checks the Customer’s identity document on arrival and records only the surname, first name and document number. The identity document is not copied, photographed or retained, and the national register number is never recorded. These data are kept for the period strictly necessary to settle any dispute, in accordance with the Privacy Policy. Refusal to present a valid identity document may result in access being refused, without refund.

10.6. Report and payment. Damage and soiling are recorded by the Venue’s staff, if possible in the presence of the Customer, and may be photographed. The sums due are claimed from the Customer upon presentation of a statement and, for actual costs, the corresponding supporting documents. In the event of non-payment, Article 13 applies.

Article 11 – Technical failure

In the event of a proven technical failure, observed by a member of the Venue’s staff, affecting a piece of equipment (sauna, hammam, jacuzzi, showers or swimming pool), the Customer may obtain, upon written request sent to the management within seven (7) days of the session, a partial refund of fifteen per cent (15 %) of the amount paid per item of equipment concerned.

If the Venue is unable to provide the booked service for a reason beyond its control, Article 5 applies.

Article 12 – Massages and treatments

Massages and treatments are wellness services; they are neither medical nor therapeutic. The Customer must report, before the service, any medical contraindication (in particular pregnancy, heart or circulatory problems, a recent injury, skin disease). The booking, change and cancellation rules of Articles 3 and 4 apply to massages and treatments.

Article 13 – Non-payment

Any sum still owed by the Customer, in particular pursuant to Articles 4, 7, 9 and 10, may be subject to debt collection proceedings, where appropriate through a specialised service provider, in compliance with the applicable statutory provisions.

Article 14 – Protection of personal data

The personal data provided by the Customer (name, telephone number, e-mail address where applicable) are processed by Sama Développement SRL, as data controller, in accordance with Regulation (EU) 2016/679 of 27 April 2016 (GDPR) and the applicable Belgian legislation.

These data are processed exclusively for the purposes of managing bookings, payments and gift vouchers and communicating with the Customer. They are neither sold nor transferred to third parties, with the exception of service providers strictly necessary for the performance of the contract (in particular the payment service provider). They are kept for the period necessary for these purposes and for the Operator’s legal obligations.

The Customer has a right of access, rectification, erasure, restriction and objection to the processing of their data, which they may exercise in writing with the Operator. The details of the data processing are set out in the website’s Privacy Policy.

The Venue respects the privacy of its customers and does not disclose any information about their visits.

Article 15 – Governing law and disputes

These Terms and the relations between the Operator and the Customer are governed by Belgian law.

Any complaint may be sent to the Operator using the “Complaint” form available on the website. The Operator undertakes to examine it carefully and to reply within a reasonable time, with a view to finding an amicable solution.

Failing an amicable agreement, any dispute falls within the exclusive jurisdiction of the courts of the judicial district of Brussels, without prejudice to the mandatory rules of jurisdiction applicable to consumers.

Where these Terms are translated, only the French version is legally binding.