House rules &
Model withdrawal form
At Hof van Cleve, everyone is welcome to indulge in a gastronomic experience. To provide our guests with the unforgettable culinary experience they deserve, we kindly ask all our customers to adhere to the following house rules to the fullest. Special preferences or unforeseen circumstances? We are happy to explore what is possible.
Table Selection & Company
Hof van Cleve is a small-scale restaurant with a limited number of tables. Therefore, we operate by reservation only and adjust the layout of our restaurant daily based on the expected number of guests. We are happy to note your preferences but cannot guarantee that your preferred table will be available during your restaurant visit.
Through our online reservation module, reservations are only possible for groups of 2 to 10 people. If you wish to dine with a larger group, we will be happy to discuss the possibilities with you via email.
Running a bit late?
Unforeseen circumstances are always possible. Are you stuck in traffic or is your arrival delayed for another reason? Thank you for notifying us as soon as possible.
No obligations, but we highly appreciate customers adhering to a "smart casual" dress code.
Menu Adjustments, Allergens & Pregnancy
Our chefs exclusively work with fresh ingredients sourced from carefully selected suppliers who deliver their top products daily. Therefore, it is not always possible to adjust menus on the spot. Of course, we do take into account any allergies or pregnancy. Please let us know as soon as possible so that we can adjust our kitchen brigade accordingly.
For hygienic reasons, we kindly ask you not to bring pets to our restaurant. It's better to leave them at home in their familiar environment or in the car (only in extreme necessity, of course). Guide dogs and assistance dogs are, of course, welcome. Please inform us during your reservation so that we can take this into account in our table arrangement.
Meet & Greet & Photography
We understand that you want to capture your restaurant visit at Hof van Cleve. However, we explicitly request you to respect the peace and privacy of other guests by limiting the number of photos and not capturing other guests recognizably.
Young Children & babies
The setting and menus of Hof van Cleve are not adapted to the needs and expectations of small children. They undoubtedly prefer more space to play and recognizable children's dishes on their plate. Once the little ones are a bit older, they will surely enjoy a visit to our restaurant more. Especially with young babies, postponing your visit is probably a good idea. This way, peace is guaranteed for our other guests, and parents can fully enjoy their experience.
1. Contact Information
Hereinafter referred to as "Hof van Cleve."
Customer: Any natural person or business utilizing services, making reservations, or purchasing goods from Hof van Cleve, whether for the actual beneficiary(ies) or not.
Restaurant: The restaurant located at Riemegemstraat 1, 9770 Kruisem, Belgium, known as "Hof van Cleve."
Services: Any service offered by Hof van Cleve, including but not limited to, serving meals in the restaurant.
Products: All goods consumed or purchased by the customer at Hof van Cleve, such as prepared dishes, wines, gift vouchers, or the ingredients used by Hof van Cleve.
Website: The website https://hofvancleve.com and any alternative domain where services or products from Hof van Cleve can be purchased.
Email: The email address firstname.lastname@example.org, to which the customer can address questions, notifications, or complaints, as well as any alternative domain for this purpose.
Applications: Any online application developed and managed by third parties that the customer can use via the Website, such as, but not limited to, the online reservation module "Resengo" and the mobile app for last-minute offers "Yeat."
3. Content, Acknowledgment & Application of the Terms
§1 These Terms apply to every offer from Hof van Cleve and every agreement, whether concluded in the restaurant or remotely via the website, phone, or email, between Hof van Cleve and the Customer.
§2 The Customer can become aware of the Terms in various ways, either through a visit to the Website or by clicking on a link to the relevant web page during online reservation or ordering processes. Upon request, Hof van Cleve will also provide the Terms via email in a durable medium (PDF). The Customer can then save and/or print the PDF file unchanged. During online purchase and reservation processes, the Customer is explicitly asked to acknowledge and accept the Terms by checking the designated box before continuing with the online process. If a reservation is confirmed by email to the Customer by Hof van Cleve (e.g., after a telephone reservation), the Terms are added in an attachment or made available through a clickable link.
§3 The Terms of Hof van Cleve take precedence over any conditions of the Customer, and the Dutch version prevails over any translations.
§4 In the case of conflicting provisions, the parties make mutual agreements through mutual consultation, confirmed in writing. Any deviating, additional, or contrary agreement applies solely to the provision(s) it deviates from; the others remain fully applicable.
§5 If one or more provisions conflict with Belgian legislation or are void, this does not affect the validity of the other provisions. The invalid or void provisions should then be read as a valid provision that comes as close as possible to the intended result of the invalid/void provision.
§6 Agreements, commitments, or reservations made by or through third parties are only valid after written confirmation by Hof van Cleve.
§7 Hof van Cleve may change its Terms and prices at any time, but never to the detriment of the connected Customer. Hof van Cleve will notify the customer in a timely manner of any changes that may affect current or future agreements.
4. Purchase Process & Formation of the Agreement
§1 Online purchase processes start as soon as the Customer makes a reservation and/or places products in the online shopping cart (e.g., a gift voucher). The agreement comes into effect as soon as the Customer has checked the box to accept these Terms and subsequently definitively confirms the order or reservation.
For reservations and orders that do not take place via the Website, Hof van Cleve confirms the made agreements as far as possible by email to the Customer, with reference to the applicable Terms through a clickable link or attachment. The agreement comes into effect as soon as Hof van Cleve has sent this confirmation to the Customer.
§2 Products or services purchased by the Customer, online or otherwise, are described in sufficient detail on the Website so that the Customer can assess them correctly. If the Customer is unsure about the content, properties, or price of the offer, the Customer must inquire with Hof van Cleve before completing the ordering process.
5. Reservation, Confirmation, Reminders & Waiting List
§1 Hof van Cleve reserves the right to accept or refuse reservations (e.g., if the request comes from a seemingly fraudulent profile or from a Customer with whom Hof van Cleve has a dispute). A reservation is only final once confirmed by Hof van Cleve to the Customer, and the advance payment has been received, if applicable. Subsequently, Hof van Cleve will remind the Customer of the reservation via email and/or SMS at the address and/or phone number provided by the Customer.
§2 If no tables in the restaurant are available on the desired date and time, the Customer can register a provisional reservation via the "Waiting List" on the Website. The Customer fills in the requested personal information and credit card details, after which the Customer receives a confirmation email. Through this email, the Customer can confirm the provisional reservation. If the desired reservation becomes final, Hof van Cleve will contact the Customer, and any applicable advance payment will become due.
§3 The Customer must reconfirm each reservation at least 10 days before arrival. For groups of 6 or more people, this must be done at least 15 days before arrival, specifying the menu choice (as shown on the Website) for the entire table. If the customer fails to timely reconfirm a made reservation, this is considered a "cancellation" according to the provisions in article 8.
§4 The Customer expressly accepts that Hof van Cleve may send reminders via email or SMS to remind of made reservations or if an advance payment has not yet been received.
§5 The actual delivery of confirmations and/or reminders by email and/or SMS by Hof van Cleve can never be guaranteed 100% due to technological reasons. Incorrect entry of contact details by the Customer can also prevent the sending/receiving of such messages. Not receiving a confirmation or reminder by the Customer can never be considered a reason for termination of the agreement or a valid cancellation. If the Customer has not received a specific confirmation or reminder, the Customer can always request Hof van Cleve to resend it.
6. Price Display
§1 Prices communicated by Hof van Cleve to the Customer and/or listed on the Website are always in euros and inclusive of VAT and legal taxes unless explicitly stated otherwise. Any temporary offers and promotions are clearly and separately displayed.
§2 Hof van Cleve places prices on the Website with the utmost care. Unintentional errors in these prices do not bind Hof van Cleve as long as the remote purchase has not been completed. The prices as displayed in an order summary on the screen or an order confirmation via email apply.
§3 All offers are valid while supplies last. Hof van Cleve is not liable for the availability or non-availability of products or ingredients, in part because Hof van Cleve works with fresh ingredients, the availability of which depends on daily market supply. When products, ingredients, or menu options are not available, Hof van Cleve will propose an equivalent alternative to the Customer.
§4 Displayed prices are not necessarily all-inclusive prices. In the restaurant, the Customer can order additional consumptions or options, which are charged separately at market prices.
§5 When making menu choices per table, Hof van Cleve makes every effort to take into account the preferences of each table guest. If opting for a formula with paired wines, and not everyone at the table drinks alcohol, we ensure a dignified alternative. We also take maximum account of allergies and pregnancy, provided these are reported at the time of reservation or to the restaurant staff. Such menu adjustments do not entitle the Customer to a discount.
7. Advance Payment
§1 The Customer accepts that Hof van Cleve may request an advance payment and may reasonably and at its discretion adjust the amount as needed.
§2 Hof van Cleve confirms the amount and payment methods for the advance payment to the Customer. Hof van Cleve also specifies the deadline for payment, which may vary depending on the time of ordering or reservation. If the advance payment is not received within the specified period, Hof van Cleve has the right to unilaterally terminate the agreement without owing the Customer any form of compensation. This explicitly includes the unsuccessful completion of online payments within 30 minutes after purchase confirmation.
§3 An advance payment implies the irrevocable acceptance of the Terms and the cancellation policy contained therein by the Customer.
§4 Unless in the case of a valid invocation of the right of withdrawal or a valid cancellation, the Customer pays the due balance on the day of their restaurant visit. The already paid advance is deducted on-site from the total amount due.
8. Cancellation Policy & Reservation Modifications
§1 If the Customer wishes to cancel or modify a (whether provisional or not) reservation, this must be done via the clickable link in the confirmation email received through the online reservation Application OR via email OR by phone, after which Hof van Cleve confirms the cancellation via email. Cancellations and requests for reservation adjustments through other channels such as SMS or social media will not be accepted.
§2 Whether and to what extent the customer is entitled to a refund of already paid advances depends on the time at which the cancellation (counter)confirmation was sent and the size of the intended table group. Hof van Cleve charges a fixed cancellation fee per person, whereby the balance of the paid advance amount reduced by this cancellation fee can be refunded to the customer:
For groups of 2 or 3 people:
- Full refund if canceled more than 48 hours before the planned restaurant visit
- Cancellation fee of €70 per person for cancellations within 48 hours
- Cancellation fee of €80 per person for cancellations within 24 hours
For groups of 4 to 7 people:
- Full refund if canceled more than 10 calendar days before the planned restaurant visit
- Cancellation fee of €40 per person for cancellations within 10 calendar days
- Cancellation fee of €60 per person for cancellations within 5 calendar days
- Cancellation fee of €80 per person for cancellations within 24 hours
For groups of 8 or more people:
- Full refund if canceled more than 30 calendar days before the planned restaurant visit
- 50% refund if canceled more than 10 calendar days before the planned restaurant visit
- The full advance amount is considered a cancellation fee in case of cancellation within 10 calendar days before the planned restaurant visit.
In case of "no-show", the customer owes a cancellation fee of €200 per person. If this amount exceeds the already paid advance, Hof van Cleve confirms the outstanding balance and payment terms via email to the Customer.
If the same customer cancels or postpones the same reservation two or more times, the right to a refund is forfeited entirely.
§3 The processing of cancellations/modifications is only done during office hours (Monday to Friday: 09:00 - 17:30) and not during holiday periods. The Customer is requested to take this into account and report any cancellations or modification requests in a timely manner.
§4 Refunds of advance amounts from Hof van Cleve to the Customer in the context of cancellation are standardly made through a voucher "Gift Certificate" that the Customer can use and offset in a subsequent reservation, unless the parties expressly agree otherwise.
§5 No interest is ever due on (repayments of) advances.
§6 Filling in or providing payment details during (online) reservation automatically implies that the Customer agrees to Hof van Cleve's cancellation policy and gives irrevocable authorization to offset the due fees via the provided credit card, debit card, or via invoicing.
9. Cooling-off Period & Right of Withdrawal/Revocation
§1 The Customer, as a natural person, has the right to withdraw from the purchase for non-professional use, without payment of a penalty and without giving any reason, within 14 calendar days from the day following the delivery of goods or the conclusion of the service agreement. If the agreement concerns the delivery of goods, the Customer must return the received goods to Hof van Cleve, with the direct costs and risks for the return being borne by the Customer.
§2 The right to withdraw from the purchase does not apply to:
- Services whose execution has begun with the consent of the Customer before the end of the cooling-off period.
- Goods that are made according to the specifications of the consumer or have a personal character.
- Goods that, due to their nature, cannot be returned.
- Goods that can spoil or age quickly.
Specifically, this means that the Customer does not have the right to revoke the agreement with Hof van Cleve in the following cases:
- The Customer makes the reservation or places an order as a Trader or for professional use.
- The Customer purchases a gift certificate that has already been consumed at the time the Customer wishes to exercise their right of withdrawal.
- The delivered goods contain food.
- The Customer reserves services with a scheduled execution within the 14 calendar days.
§3 If the Customer wishes to make use of the right of withdrawal/revocation, the Customer must notify Hof van Cleve in writing in a timely manner. The Customer can use the attached withdrawal form for this purpose, but is not obliged to do so.
10. Delivery of Products & Gift Vouchers
§1 In accordance with Article 3:92 of the Civil Code, Hof van Cleve remains the owner of delivered goods until the Customer has fully paid the agreed purchase price. If the Customer proves to be insolvent, defaults, or fails to fulfill its obligations for any reason, Hof van Cleve reserves the right to suspend the planned delivery or to reclaim delivered goods, either by itself or through an appointed carrier, and to terminate the agreement with the Customer.
§2 For gift vouchers issued by Hof van Cleve, the following applies:
- They are not exchangeable for cash unless explicitly permitted by Hof van Cleve.
- They have a limited validity period explicitly stated on the gift voucher. After exceeding the validity period, the value of the gift voucher expires without the possibility of redemption, extension, or refund, unless explicitly permitted by Hof van Cleve. If the Customer wishes to adjust the validity of an unredeemed gift voucher, the Customer must submit a request to Hof van Cleve, after which Hof van Cleve may or may not allow an extension or compensation.
- They are delivered in digital format to the email address provided by the Customer after ordering.
- The Customer who wishes to redeem a gift voucher must bring the voucher in analog/printed format during the restaurant visit. The value of the gift voucher is then offset against any outstanding balance.
11. Quality Guarantee, Recognitions, and Complaints
§1 An agreement with Hof van Cleve should be considered as a commitment of effort, whereby Hof van Cleve provides its services to the best of its ability and in accordance with the customary practices in the industry. Hof van Cleve endeavors to provide the level of quality that the Customer can reasonably expect from Hof van Cleve.
§2 The customer cannot derive any rights from any changes in scores or recognitions awarded to Hof van Cleve by third parties, such as, but not limited to, Gault&Millau, Michelin, 50 Best, Les Grandes Tables du Monde, etc. A changed rating, for example, cannot entitle the customer to a discount or cancellation. However, Hof van Cleve continues to strive to provide the customer with the gastronomic quality experience expected of a top restaurant.
§3 The customer should report any complaints to Hof van Cleve as soon as possible and preferably directly. Hof van Cleve undertakes to confirm the receipt of each written complaint within 30 days, thoroughly investigate the complaint, and handle it to the best of its ability. The customer can also address any complaints to the Consumer Ombudsman Service of the Federal Public Service Economy via https://consumentenombudsdienst.be/nl.
§1 In accordance with Art. VI.83, 13° CEL, Hof van Cleve is only liable for damages resulting from a breach of the agreed commitment or caused by intentional serious fault or fraud by Hof van Cleve and/or its appointees. The customer must report such misconduct as soon as possible and no later than within 14 days in writing and with motivation.
§2 If one of the parties does not, only partially, or incorrectly fulfill the agreement, the party that has suffered damage informs the other party of this in writing within 14 calendar days, stating the reasons and an estimate of the damage suffered. Insofar as it is demonstrable and justifiable in financial terms, the damage is refunded between the parties. In no case does such an incident exempt the Customer from the obligation to pay for claims that do not directly relate to the damage.
§3 Hof van Cleve is not responsible for theft, loss, or damage to personal belongings of the Customer during their restaurant visit or their use of the parking or cloakroom.
§4 If Hof van Cleve is found liable, for whatever damage, compensation is in any case limited to the amount that the Customer owed to Hof van Cleve or the amount that Hof van Cleve's insurance pays in this regard.
§5 If the Customer orders products or services from Hof van Cleve for or on behalf of a third end user, Hof van Cleve is only obliged to its obligations towards the Customer. The Customer is responsible for agreements made and legal obligations towards the end user.
§1 Hof van Cleve may suspend or terminate the agreement if it cannot fulfill its obligations due to temporary or permanent force majeure. Force majeure includes all circumstances that Hof van Cleve cannot reasonably influence, such as, but not limited to, traffic obstructions, exceptional weather conditions, social conflicts or strikes, fire, war, mobilization, delayed or incorrect delivery by third parties, etc. A suspension or termination due to force majeure never implies the right to any form of compensation.
§2 If Hof van Cleve, whether or not due to force majeure, could only partially perform the agreement, it may invoice the services and materials already delivered separately.
§3 If the Customer does not respect the payment obligation, Hof van Cleve is entitled to extrajudicially terminate or suspend the continuation or renewal of the current or future agreement, without compensation. This expressly includes: not timely or incomplete payment of the agreed advance amount.
§4 The Customer can unilaterally terminate or suspend the agreement if Hof van Cleve fails to fulfill its contractual obligations.
§5 Although the chef and chef de cuisine of Hof van Cleve are present in the restaurant every day, there is no guarantee of a personal meeting with the Customer during the restaurant visit. The presence or absence of our chef(s) does not entitle the Customer to cancellation, discount, or termination.
§6 Parties will notify each other as soon as possible, motivated, and in writing of any intention to terminate.
14. Website & Cookies
§1 Hof van Cleve makes every effort to ensure that its website and associated online applications function optimally and without interruptions. However, Hof van Cleve cannot be held responsible for any interruptions and/or malfunctions, data loss, the spread of viruses or malware, or errors in the offer or displayed prices due to incomplete information, printing errors, deviating color representation, or outdated information.
§2 To achieve an optimal browsing experience, "cookies" may be placed on the hard drive of computers and mobile devices of the Customer during a visit to the website. Detailed information about the types of cookies used by Hof van Cleve is described at https://hofvancleve.com/cookies.
15. Intellectual Property
§1 All intellectual works created by Hof van Cleve, regardless of their form, remain the property of Hof van Cleve. The customer is not allowed to distribute, copy, disclose, or use in any way, images, recipes, texts, and similar intellectual works, either independently or with the help of third parties, without explicit prior permission.
§2 If Hof van Cleve provides information from partners, authorities, or third parties to the customer, it is purely indicative without any guarantee of content accuracy.
§1 Hof van Cleve follows the guidelines of the General Data Protection Regulation (GDPR) and the Belgian law of 8.12.1992 concerning the protection of privacy in the processing of personal data. Therefore, Hof van Cleve treats all customer data received as confidential information without sharing it with third parties unless with prior consent.
§2 The Customer has the right to access and correct personal data. Upon presentation of a valid identity document, the Customer can obtain, through a written, dated, and signed request, a free written representation of their personal data. The Customer can also object free of charge to the use of their data for promotional purposes.
§3 When making reservations via online applications, the customer is explicitly asked to click to accept the applicable privacy conditions of the relevant application.
17. Complaints, Disputes & Competent Courts
§1 Belgian law applies unless the mandatory provisions of private international law regarding applicable law for consumers apply and designate another law. In case of judicial disputes, the (Belgian) courts at the registered office of Hof van Cleve are competent unless the mandatory provisions regarding jurisdiction for consumer agreements apply. In that case, the courts are competent as indicated by private international law. The customer can also turn to the ODR platform for online dispute resolution: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=NL
§2 The customer accepts that both analog and electronic communications, backups, and camera images can serve as evidence.
PAYMENT & BILLING TERMS
18. Payment methods
§1 Payments are made:
- Online during the online reservation or ordering process via debit or credit card. Online payments are always transmitted via a secure SSL connection to the payment provider, which encrypts all payment data. Confidential payment data of the customer is not stored by Hof van Cleve.
- In cash at the restaurant
- In exceptional cases where a payment after delivery or deferred payment would be allowed, the payment requirements are detailed on the invoice. Such payments must be made by bank transfer to the Belfius bank account number IBAN: BE83 0689 4819 3215, BIC: GKCC BE BB in the name of Hof van Cleve with mention of the requested payment reference.
§2 The Customer undertakes to immediately notify Hof van Cleve of any situation that may affect, suspend, or prevent prompt payment. The Customer hereby provides the necessary information and contact details of any involved third parties.
19. Late Payments & Invoice Collection
§1 The Customer can request an overview of placed orders and reservations or the amounts still due to Hof van Cleve at any time.
§2 For each late payment, Hof van Cleve initiates a collection procedure, either directly or through an appointed third party, to whom Hof van Cleve provides the necessary personal data for this purpose. The Customer remains obliged to fully compensate both extrajudicial and any judicial collection costs.
§3 Invoice Collection for Consumers
In case of exceeding the agreed payment term, Hof van Cleve initiates invoice collection following Book XIX of the Economic Law Code.
The Customer receives a free payment reminder requesting payment of the outstanding amount within 14 calendar days. No costs are charged for this first reminder. In case of exceeding this period, the following collection costs are due:
- Default interest according to art. 5 Law of August 2, 2002, regarding the fight against late payment in commercial transactions: https://financien.belgium.be/nl/over_de_fod/structuur_en_diensten/algemene_administraties/thesaurie/rentevoet_betalingsachterstand_handelstransacties
- One-time flat-rate damage clause
€20 for claims equal to or less than €150
€30 + 10% of the outstanding amount in the bracket between €150.01 and €500
€65 + 5% of the outstanding amount in the bracket between €500.01 with a maximum of €2,000
- Fixed reminder fee of €7.50 per letter plus postage costs, for every letter from the fourth reminder per calendar year, in case of regular deliveries.
The Customer has the right to request additional information about invoices or an installment plan, report debt mediation, and dispute received invoices. To do so, the Customer must provide a written motivation to Hof van Cleve within 14 calendar days. In such cases, Hof van Cleve and/or its appointed debt collectors temporarily suspend the collection procedure according to the deadlines described in Book XIX WER.£
§4 Invoice Collection for Companies
For agreements concluded between Hof van Cleve and companies, the legal provisions regarding invoice collection in commercial transactions apply, including provisions on due interest according to art. 5. Law on late payment of 02/08/2002.
In case of late or incomplete payment, a fixed compensation is due, by operation of law and without prior notice or formal notice, from the due date of the invoice. This compensation amounts to 10% of the principal sum with a minimum of €50, increased by a fixed administrative fee of €12.50, and again increased by any bank, postage, and/or transaction costs (to the extent applicable), and any legal fees if applicable.
20. Refunds to the Customer
§1 If the Customer is entitled to a refund for any reason, Hof van Cleve will process the refund through the same payment method used by the Customer in the original order/reservation, unless the Customer requests a different payment method. No transaction costs or administrative costs are charged for such refunds. The refund is processed as soon as possible and no later than within 30 days.
§2 In the case of sales agreements, Hof van Cleve may wait with the refund until all goods have been returned or until the Customer has proven that the goods have been returned, whichever occurs first. The direct costs and risks of any return of goods remain the responsibility of the customer.
§3 According to art. VI.83, 17° WER, the consumer-customer has the right to a one-time, flat-rate compensation if Hof van Cleve fails to fulfill its obligations. This amounts to €80.