Article 1 Scope of application

These general terms and conditions apply to travel organization and intermediary contracts as defined by the Belgian law of February 16, 1994 governing travel organization and intermediary contracts.

Article 2 Promotions

The information contained in the travel brochure is binding on the travel organizer or intermediary who published the brochure, unless :

a) changes in this information have been clearly communicated to the traveller, in writing and prior to the conclusion of the contract ;

b) the changes only occur at a later date, following written agreement between the parties to the contract.

The tour operator and/or travel intermediary may cancel all or part of its travel promotion for a definite or indefinite period.

Article 3 Information to be provided by the tour operator and/or travel agent

The tour operator and/or intermediary travel agent must:

prior to the conclusion of the tour operator or travel intermediary contract, to provide travellers with the following information in writing:

a) general information concerning passports and visas, as well as any health formalities required for the trip and stay, to enable the traveler to assemble the necessary documents. Non-Belgian travelers should contact the relevant embassy(ies) or consulate(s) for information on administrative formalities;

b) information on how to take out insurance and/or assistance;

c) the general and special conditions applicable to contracts; at least 7 calendar days before the departure date, to provide travelers with the following information in writing:

a) timetables, places of stopovers and connections as well as, if possible, an indication of the seat to be occupied by the passenger;

b) the name, address, telephone number, fax number and/or e-mail address of either the local representative of the tour operator and/or intermediary travel agent, or of local organizations likely to be able to help the traveler in the event of a problem, or directly from the intermediary travel agent or tour operator;

c) for trips and stays abroad for minors, information enabling direct contact to be established with the child or with the person in charge of the child’s stay.

The 7-calendar-day period referred to above does not apply to contracts concluded late.

Article 4 Information from the traveller

The traveller must provide the tour operator and/or travel intermediary with all useful information which is expressly requested or which could reasonably influence the smooth running of the trip.

If the traveler provides incorrect information that results in additional costs for the tour operator and/or travel intermediary, these costs may be charged to the traveler.

Article 5 Contract formation

When booking a trip, the tour operator or travel intermediary must issue the traveller with an order form in accordance with the law.

The tour operator contract comes into effect when the traveller receives written confirmation of the booking from the tour operator, whether or not through the intermediary of the travel agent, who in this case acts on behalf of the tour operator.

If the content of the order form differs from that of the travel confirmation, or if confirmation is not received within 21 days of signing the order form, the traveler may assume that the trip has not been booked and is entitled to an immediate refund of all amounts already paid.

Article 6 Price

The price agreed in the contract may not be revised, unless the contract expressly provides for the possibility of such a revision and its exact method of calculation, and insofar as the revision is the result of variations in :

a) exchange rates applied to the trip, and/or

b) transport costs, including fuel costs, and/or

c) fees and taxes for certain services.

In such cases, these variations must also give rise to a price reduction.

Under no circumstances may the contract price be increased during the 20 calendar days prior to departure.

If the increase exceeds 10% of the total price, the traveler may cancel the contract without compensation. In this case, the traveler is entitled to immediate reimbursement of all sums paid to the tour operator.

Article 7 Payment of the price

Unless otherwise expressly agreed, the traveler shall pay, by way of deposit, upon signature of the order form, a fraction of the overall or total price of the trip as set out in the special travel conditions.

In the event that the traveler remains in default of payment of the deposit or the price of the trip duly claimed from him/her, after having been put in default in a legal manner, the organizer and/or the travel intermediary shall have the right to terminate the contract binding him/her and to charge the costs to the traveler.

Unless otherwise agreed on the order form, the traveler shall pay the balance of the price no later than one month before departure, provided that he has previously received, or simultaneously receives, the written confirmation of the trip and/or the travel documents.

Article 8 Transferability of reservation

The traveler may, before the start of the trip, assign his trip to a third party who must meet all the conditions of the tour operator contract. The transferor must inform the tour operator and, where applicable, the travel intermediary, of this transfer sufficiently in advance of departure.

The traveler who assigns his trip and the assignee are jointly and severally liable for payment of the total price of the trip and the costs of the assignment.

Article 9 Modifications by the traveller

The tour operator and/or travel intermediary may charge the traveller for any costs arising from modifications requested by the traveller.

Article 10 Changes before departure by the tour operator

If, prior to departure, one of the essential elements of the contract cannot be fulfilled, the tour operator must notify the traveller as soon as possible, and in any case prior to departure, and inform him of the possibility of cancelling the contract without penalty, unless the traveller accepts the modification proposed by the tour operator.

The traveler must inform the intermediary or tour operator of his decision as soon as possible, and in any case before departure.

If the traveler accepts the modification, a new contract or an amendment to the contract must be drawn up, listing the changes made and their impact on the price.

If the traveler does not accept the modification, he may request the application of article 11.

Article 11 Cancellation before departure by the tour operator

If the tour operator cancels the contract before the start of the trip due to circumstances beyond the traveler’s control, the traveler may choose between:

a) either to accept another offer of travel of equivalent or higher quality, without having to pay a supplement; if the travel offered in substitution is of inferior quality, the tour operator must reimburse the traveler for the difference in price as soon as possible;

b) or reimbursement, as soon as possible, of all sums paid by him under the contract.

The traveler may also, where applicable, claim compensation for non-performance of the contract, except:

a) if the tour operator cancels the trip because the minimum number of travellers required to fulfil the contract has not been reached, and if the traveller has been informed in writing within the period stipulated in the contract, at least 15 calendar days before the departure date;

b) if the cancellation is due to force majeure, excluding overbooking. Force majeure is defined as abnormal and unforeseeable circumstances beyond the control of the party invoking them, the consequences of which could not have been avoided despite all due diligence.

Article 12 Partial or total non-performance of the trip

If, during the course of the trip, it becomes apparent that a significant part of the services covered by the contract cannot be performed, the tour operator will take all necessary measures to offer the traveller suitable substitutes, free of charge, so that the trip can continue.

In the event of a difference between the services planned and the services actually provided, the tour operator shall compensate the traveler up to the amount of this difference.

If such arrangements are impossible, or if the traveler does not accept these substitutes for valid reasons, the tour operator must provide the traveler with an equivalent means of transportation to return him/her to the place of departure, and is obliged, where applicable, to compensate the traveler.

Article 13 Cancellation by the traveller

The traveler may cancel the contract in whole or in part at any time. If the traveller cancels the contract for a reason for which he is responsible, he shall compensate the tour operator and/or travel intermediary for the loss suffered as a result of the cancellation. The compensation may be fixed as a lump sum in the special conditions or in the program, but may not exceed one time the price of the trip.

Article 14 Liability of the tour operator

The tour operator shall be liable for the proper performance of the contract in accordance with the expectations which the traveller may reasonably have on the basis of the provisions of the tour operating contract and the obligations arising therefrom, irrespective of whether these obligations are to be fulfilled by himself or other service providers, and this without prejudice to the tour operator’s right to sue other service providers for liability.

The tour operator is liable for the acts and omissions of its servants and representatives, acting within the scope of their employment, as well as for its own acts and omissions.

If an international convention applies to a service which is the subject of the tour operator contract, the liability of the tour operator is excluded or limited in accordance with this convention.

Insofar as the tour operator does not himself perform the services provided for in the contract, his cumulative liability for material damage and loss of enjoyment of the trip is limited to twice the price of the trip.

For the rest, articles 18 and 19 of the law of February 16, 1994 apply.

Article 15 Traveller’s liability

The traveller is liable for any loss or damage caused to the tour operator and/or intermediary travel agent, their employees and/or representatives, through his fault or as a result of the non-performance of his contractual obligations. Fault is assessed by reference to the normal behavior of a traveler.

Article 16 Complaints procedure

Before departure

If the traveller has a complaint prior to departure, he/she must submit it as soon as possible by registered letter or against acknowledgement of receipt, to the intermediary or tour operator.

During the trip

Complaints that arise during the performance of the contract must be lodged as quickly as possible on the spot, in an appropriate manner that can be used as evidence, so that a solution can be sought.

To this end, the traveler will contact – in the following order – a representative of the tour operator or a representative of the travel intermediary, or directly the travel intermediary, or finally, directly the tour operator.

After the trip

Complaints that cannot be lodged on site, or that have not been satisfactorily resolved on site, must be submitted to the intermediary and/or the tour operator within one month of the end of the trip, either by registered letter or by return receipt requested.

Article 17 Conciliation procedure

In the event of a dispute, the parties must first attempt to reach an amicable settlement between themselves.

If this attempt at amicable settlement has not been successful within a period of 1 to 3 months, each of the parties concerned may apply to the secretariat of the conciliation unit of the Commission de Litiges Voyages asbl to initiate a conciliation procedure. All parties must agree.

The secretariat will provide the parties with conciliation rules and a “conciliation agreement”.

In accordance with the simple procedure described in the rules, an impartial conciliator will contact the parties to pursue a fair conciliation between them.

Any agreement reached will be recorded in a binding agreement.

Secretariat of the “Cellule conciliation”: telephone: 02/277 61 80

fax: 02 277/91 00

e-mail : querrels-voyages@clv-gr.be

Article 18 Arbitration or Court

If no conciliation procedure has been initiated or if it has failed, the plaintiff may initiate arbitration proceedings before the Travel Disputes Commission or proceedings before the ordinary court.

The traveler, whether plaintiff or defendant, is never obliged to accept the jurisdiction of the Commission de Litiges Voyages.

The defendant tour operator or intermediary may refuse arbitration only if the amounts claimed exceed 1,250 euros. To do so, they have 10 calendar days from receipt of the registered letter informing the Commission de Litiges Voyages of the opening of a case for an amount of 1,250 euros or more.

This arbitration procedure is subject to dispute settlement, and may be initiated after a complaint has been lodged with the company itself, as soon as it appears that an amicable solution has not been found, or as soon as 4 months have elapsed from the (planned) end of the trip (or possibly from the service which gave rise to the dispute). Disputes concerning personal injury can only be settled by the courts.

The arbitration board, composed of equal numbers of members, makes a binding and definitive award, in accordance with the dispute rules. No appeal is possible.

Secretariat of the arbitration board, and general secretariat of the Travel Disputes Commission :

téléphone: 02/277 62 15 (9h à 12h)

fax : 02/277 91 00

City Atrium, Rue du Progrès 50, 1210 Bruxelles

e-mail : querrels-voyages@clv-gr.be

SPECIAL TERMS AND CONDITIONS

A. PACKAGE TRAVEL

The following special conditions apply when we offer for sale or sell package tours as an organizer and as a retailer.

1. OFFERS

All our brochures, advertisements, web pages or offers are drawn up in good faith and on the basis of available data. Maps, photos and illustrations are for information purposes only and are not contractually binding.

The traveler expressly accepts that the pre-contractual information communicated to him may be subject to modification before the conclusion of the contract and that, unless otherwise stipulated, our offers are always “on request” or subject to confirmation. Unless otherwise stipulated, they are valid for 2 days.

The traveler authorizes us to correct any obvious material errors in the pre-contractual information we provide.

2. FORMATION OF THE CONTRACT

Unless otherwise expressly stipulated, the tour operator contract is formed when we confirm the offer to the traveler, definitively and without reservation, or, if a deposit is requested, when the traveler has paid this deposit.

3. PRICE AND TERMS OF PAYMENT

3.1 The price covers the travel services listed in the travel contract and also includes all taxes and charges relating thereto. The traveler shall, where applicable, bear any additional costs, fees or other charges of which we could not reasonably have been aware or could not reasonably have calculated prior to the conclusion of the contract, such as tourist or facility access taxes, entry taxes, visa costs or the like.

We reserve the right to charge a maximum administrative fee of EUR 50 per case. Packages “on request” (option) are subject to a maximum administrative charge of 50 EUR, unless the option is confirmed. Estimates may be charged, depending on the complexity of the file, up to a maximum of 1000 EUR. This amount is refunded if the quote is confirmed.

The traveler authorizes us to correct any obvious pricing errors.

3.2 We reserve the right to increase the price in the event of changes:

1° the price of passenger transport resulting from the cost of fuel or other energy sources, or
2° the level of taxes or fees on travel services included in the contract, imposed by a third party not directly involved in the execution of the package tour, including tourist taxes, landing taxes or embarkation and disembarkation taxes at ports and airports, or
3° exchange rates relevant to the package tour.
In the event of a reduction in the above-mentioned costs after the conclusion of the contract and before the departure date, the traveler is entitled to a proportional reduction. In this case, we are entitled to charge an administrative fee. We will only justify these costs at your express request.

Any price increase will be communicated to the traveler on a durable medium no later than twenty days before the start of the package tour, together with a justification and calculation.

4. CANCELLATION BY THE TRAVELER

4.1 Any cancellation by the traveler must be received by us by e-mail at the address indicated in art. 16. Cancellations received outside our opening hours are deemed to have been received on the next working day.

4.2 In the event of cancellation by the traveler, we will apply the following cancellation charges:

more than 180 days before departure: 25% of the total price, per person

180 to 120 days before departure: 50% of the total price, per person

121 to 90 days before departure: 75% of the total price, per person

91 to 30 days before departure: 90% of the total price, per person

from 29 days to the day of departure: 100% of the total price.

They may be reduced or increased according to circumstances.

If we act as a retailer, the organizer’s or supplier’s cancellation fees will be charged, plus our administrative costs, up to a maximum of 10% of the total price of the trip. Any refund will be made after deduction of insurance and visa costs.

5. CONTRACT MODIFICATION BY THE TRAVELER

Any modification of the contract by the traveler will entail a flat-rate administrative fee of 50 EUR per person, in addition to any administrative costs incurred by our suppliers or the organizer if we are acting as a retailer.

The traveler accepts that any requested modification is subject to availability and possible price adjustments. If the requested modification is unavailable or if the price varies too much and the traveler wishes to cancel the travel contract, the cancellation will be subject to our cancellation conditions. The cost of the change will in any case be charged to the traveler.

6 . MODIFICATION OF THE CONTRACT BY THE ORGANIZER

6.1 We reserve the right to make minor changes to the contract once it has been formed. In this case, we will inform the traveller by durable medium.

6.2 We also reserve the right to correct obvious material errors in the contract.

6.3 If significant changes are to be made to the contract or if the price is to be increased by more than 8%, in accordance with Art. 20 of the Law, the traveler is obliged to inform us of his decision (acceptance or refusal) within 7 days of notification of the change. Depending on the circumstances, this period may be modified. In the absence of express acceptance of the modification, the contract may be terminated by operation of law.

6.4 For unforeseeable reasons of weather, road conditions, traffic, fitness or lack of fitness of participants, force majeure…., we reserve the right to adapt the program, for the smooth running of your trip.

7. ASSIGNMENT OF CONTRACT

In the event of assignment of the contract, and provided that we have been able to ascertain that the assignee meets all the conditions applicable to the contract, the assignor and/or assignee shall be jointly and severally liable for the resulting costs. We will also charge an administrative fee of EUR 100 per passenger. The passenger is advised that in certain cases, the transfer fee may include the cost of booking a new travel service (e.g. in the case of non-transferable or non-refundable airline tickets).

8. NON-CONFORMITY AND ASSISTANCE

8.1. The traveler is obliged to inform us without delay of any non-conformity he observes on site. Any complaint relating to the non-conformity of the package will be assessed by the organizer on the basis of the specific circumstances and the nature of the package booked.

The traveler must address his complaints to us as follows: by sending an e-mail to ET at the agency address shown on the travel contract.

8.2 The traveler has the right to address his complaint to the retailer through whom he booked the trip. In this case, he/she shall also address his/her complaint to the organizer.

8.3 The traveller is aware that if he does not inform us correctly and immediately of the lack of conformity, he risks depriving us of the possibility of effectively resolving the problem encountered. The financial consequences resulting from the traveler’s failure to comply with the obligation to inform us may then be borne by the traveler.

9. RESPONSIBILITY AS ORGANIZER

9.1 We are responsible for the proper execution of the travel services as a whole when we act as an organizer. We have no such liability when acting as a retailer.

9.2 Our liability is limited to three times the package price, except for personal injury caused intentionally or as a result of negligence on our part. If any of the travel services that make up the package are subject to an international convention, our liability is limited in accordance with that international convention.

9.3 We are never liable for the performance of travel services that are not explicitly included in the contract and/or that the traveller books on site without notifying us (such as additional excursions or activities).

10. TRAVEL FORMALITIES

10.1 The traveler must be in possession of valid identity documents for travel to the country visited. In some cases an identity card is sufficient, in others an international passport is required (sometimes valid for up to six months after the planned return date) and in others a valid passport and a visa.

10.2 While we endeavour to inform Belgian travellers as fully as possible of the formalities specific to their destination, it is the traveller’s responsibility to ensure the validity and conformity of their travel documents.

Non-Belgian travellers are obliged to contact their embassy or other diplomatic authorities to find out about the formalities to which they are subject. We decline all responsibility in the event of negligence or mission on the part of the traveler in this respect.

10.3 The traveler entering into the travel contract is obliged to inform us of his or her nationality and that of the travelers for whom he or she is entering into the contract, and to provide us with any useful information that may affect the travel documents required.

10.4 The traveler concluding the travel contract is obliged to take out worldwide travel insurance and to inform us of the contract number(s) of the insured person(s).

11. HEALTH

11.1. We cannot know the state of health of all travelers. It is therefore the traveler’s responsibility to inform himself/herself of the health formalities required for the chosen destination.

11.2 The traveler declares that he/she is medically, physically and psychologically fit to undertake the chosen trip. Travellers who are physically or mentally incapacitated, unable or restricted in their mobility, suffering from an illness requiring medical treatment or assistance, and pregnant women, must inform us of this fact, if necessary by the person booking the trip on their behalf. We reserve the right to refuse a traveler if, for objective and non-discriminatory reasons, it appears that he or she is not fit to participate.

11.3 It is strongly recommended that the traveller take with him the appropriate material and equipment according to the nature of the trip, except when such material and equipment are included in the package. We cannot be held responsible for any negligence on the part of the traveler.

11.4 With regard to health and safety conditions at the destination, travelers are advised to consult the SPF Foreign Affairs website.

12; FINANCIAL GUARANTEE

As required by law, we have a financial guarantee provided by the FONDS DE GARANTIE VOYAGES, whose registered office is located at 1820 Steenokkerzeel, Kalkoven 5 b.0202 – 02/240.68.00 – info@gfg.be, in order to reimburse your payments and ensure your repatriation in the event of insolvency.

13; CIVIL AND PROFESSIONAL LIABILITY INSURANCE

Our professional liability is covered by

14. FLIGHTS

14.1 We collect flight information for the purpose of providing information to the traveler. The traveler is free to follow our recommendations or not. The traveler is personally responsible for booking and paying for flights, whether international or domestic.

14.5 Airlines on the European Commission’s blacklist in application of European Regulation 2311/2005 of December 14, 2005 can be found by following this link: https://ec.europa.eu/transport/modes/air/safety/air-ban_en

15. DATA PROTECTION (GDPR)

We collect your data in accordance with the General Data Protection Regulation (2016/679)- (“GDPR”).

The personal data you provide us with is necessary to process your booking and is essential for the management of services (Article 6.1.b of the Regulation). For these purposes, your data may thus be transferred to our established partners in third-party states. We only use partners who guarantee a level of protection that complies with the principles set out in the GDPR.

With your consent, your data may also be used by us to send you our promotional or commercial offers, by telephone, e-mail or post.

In addition, your data is also communicated to the FPS Economy and service providers referred to by- and in application of the Law of December 25, 2016 on the processing of passenger data, which transposes Directive 2016/681 of April 27, 2016 on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime.

We keep your data for a period of 3 years after the last contact (email, booking, …).

As the person whose data is collected, you have the right to access, rectify and delete your data, as well as the right to object to the collection of your data. These rights may be exercised by sending us an e-mail to , stating your surname, first name and address as well as the subject of your correspondence.

Complaints concerning the collection and processing of your personal data may be addressed to the competent supervisory authority.

16. NOTIFICATIONS

Unless otherwise stipulated, all notifications under the travel contract must be made to the following addresses:

By letter: to the postal address shown on the travel contract.
By e-mail: to the e-mail address shown on the travel contract.

17. NO RIGHT OF WITHDRAWAL

Pursuant to article VI.53, 12° of the Code of Economic Law, the Traveller does not have the right to withdraw from the services:

accommodation
transportation
car rental
catering and leisure services.

18. SPECIAL TERMS AND CONDITIONS OF SALE

If a sales contract is concluded, the general and special sales conditions apply. By signing or expressly accepting them, the traveler agrees to them.

19. DISPUTES

Any dispute arising from the conclusion or performance of the contract which is not submitted to the Commission de Litiges Voyages in accordance with the general terms and conditions shall fall within the jurisdiction of the Courts of Verviers.