My 18-year-old friend has won a check for four nights’ accommodation at a four-star hotel, and he’s taking me with him. I am 17. Now I wonder if they can object to that because I am not 18 yet. Or does that not matter? I’ve never been to a hotel and have no idea. The reservation is in his name and he is 18.
Answer
Dear Carmen,
I reproduce below the answer from drs. Daily Wuyts elsewhere on this website:
“Apart from any house rules that hotel (chains) have in this regard, it depends solely on your parents. Since they have to watch over your health, it is up to them to make that decision. To my knowledge, the legislator has no special rules about this. issued.
However, if I interpret your question as “From what age can I rent a hotel room independently?” we will find the answer in the Civil Code. You must be legally competent to enter into a contract. This means that you must have the ability to perform legal acts pursuant to the subjective rights of which you are the holder. From art. 1123 and 1124 BW it follows that non-emancipated minors (-18 years) are incapable of entering into contracts. Strictly speaking, you can only book a hotel room from the age of 18.
If you have booked a hotel room as a 17-year-old, you do not have to worry that the Hotel will invoke the nullity of the contract. Art. 1125 CC only provides for relative nullity in favor of the person to be protected (in this case the minor). The unprotected person (in this case the Hotel) cannot therefore invoke the nullity.”
Answered by
Dr Jeroen De Herdt
Criminal law and criminal procedure
Prinsstraat 13 2000 Antwerp
http://www.uantwerpen.be
.