General travel conditions

The general travel conditions of the travel disputes committee

Article 1 Scope

These general conditions apply to travel agency and travel agency contracts as defined by the Belgian law of February 16, 1994 regulating travel agency and travel agency contracts.

Article 2 Promotion

The information in the travel brochure binds the tour operator or travel agent who published the brochure unless:
(a) changes in these data have been clearly brought to the attention of the traveler, in writing and before the conclusion of the contract; the brochure must expressly mention this;
(b) subsequent changes occur pursuant to a written agreement between the parties to the contract.
The tour operator and/or travel agent may cancel all or part of its travel promotion for a definite or indefinite period of time.

Article 3 Information from the tour operator and/or travel agent

The travel organizer and/or travel agent are required to:

prior to the conclusion of the travel organization or travel agency contract to the travelers in writing:
a) the general information concerning passports and visas and the health formalities necessary for the trip and stay, so that travelers could prepare the necessary documents. Travelers of non-Belgian nationality should check with the relevant embassy(s) or consulate(s) to find out what administrative formalities they must complete;
(b) information on the conclusion and content of cancellation and/or assistance insurance;
(c) the general and special conditions applicable to the contracts.
provide subsequent information to travelers in writing no later than 7 calendar days prior to the departure date:
(a) timetables and intermediate stops and connections as well as, if possible, the seat to be occupied by the passenger;
(b) name, address, telephone, fax number and/or e-mail address of either the local representation of the travel organizer and/or agent, or local bodies that can assist the traveler in case of difficulties, or directly the travel agent or tour operator.
c) For journeys and stays of minors abroad, the information by which direct contact can be made with the child or with the person locally responsible for his/her stay.

The period of 7 calendar days mentioned above does not apply in case of late contract.

Article 4 Information due to the traveler

The traveler must provide the tour operator and/or travel agent with all useful information expressly requested from him or which may reasonably affect the smooth running of the trip. If the traveler provides incorrect information and this leads to additional costs for the tour operator and/or travel agent, these costs may be charged.

Article 5 Establishment of the contract

When booking the trip, the travel agent or organizer are obliged to provide the traveler with an order form in accordance with the law.
The tour operator contract is concluded when the traveller receives written confirmation of the booking from the tour operator, whether or not via the travel agent acting on behalf of the tour operator. If the content of the order form differs from that of the travel confirmation, or confirmation does not occur 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 The Price

The price agreed in the contract cannot be revised unless it is expressly provided for in the contract along with its precise method of calculation, and to the extent that the revision is due to a change in :
(a) the exchange rates applied to the trip and/or
(b) transportation costs, including fuel costs and/or
(c) charges and taxes due for certain services.
The condition must then be met that said changes will also lead to a reduction in price.
Under no circumstances may the price established in the contract be increased within the 20 calendar days preceding the day of 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 an immediate refund of all amounts paid to the tour operator.

Article 7 Payment of the travel sum

Unless expressly agreed otherwise, the traveler, upon signing the order form, pays, as an advance, a portion of the global or total travel sum as stipulated in the special travel conditions.
If the traveler, after being served with prior notice, fails to pay the advance or the travel price demanded of him, the travel organizer and/or travel agent shall be entitled to terminate the contract with the traveler by operation of law, with the costs borne by the traveler.
Unless otherwise agreed on the order form, the traveler shall pay the balance of the price no later than 1 month before the departure date, and provided that written travel confirmation and/or travel documents are provided to him in advance or at the same time.

Article 8 Transferability of the booking

The traveler may, prior to the commencement of the trip, transfer his trip to a third party, who must however comply with all the conditions of the tour operator contract. The transferor must inform the tour operator and, if applicable, the travel agent, of this transfer in good time before departure.
The transferring traveler and the transferee are jointly and severally liable for payment of the total price of the trip and the costs of the transfer.

Article 9 Other changes by the traveler

If the traveler requests any other change, the tour operator and/or the agent may charge all costs caused by it.

Article 10 Modification by the tour operator prior to departure

If, prior to the commencement of the trip, one of the essential points of the contract cannot be fulfilled, the tour operator must inform the traveler as soon as possible, and in any case prior to departure, and inform him of the possibility of canceling the contract without cost, unless he accepts the modification proposed by the tour operator.
The traveler must inform the travel agent or tour operator of his decision as soon as possible, and in any case before departure.
If the traveler accepts the change, a new contract or an addendum to the contract should be drawn up informing the changes made and their impact on the price.
If the traveler does not accept the change, he may request the application of Article 11.

Article 11 Cancellation by the tour operator prior to departure

If the tour operator, before the start of the trip, cancels the contract due to a circumstance not attributable to the traveler, the traveler has the choice between:
1) either the acceptance of a new offer of a trip of equal or better quality, without having to pay a supplement: if the trip offered as a replacement is of lower quality, the tour operator must refund the difference in price as soon as possible.
2) or the repayment, as soon as possible, of all amounts paid by him under the contract.
The traveler may also, where appropriate, claim compensation for non-performance of the contract unless:
a) the travel organizer cancels the trip because the minimum number of travelers, provided for in the contract and necessary for the execution of the trip, was not reached and the traveler, within the period provided for in the contract and at least 15 calendar days before the departure date, was informed of this in writing;
b) the cancellation is due to force majeure, which does not include overbooking. Force majeure is defined as abnormal and unforeseeable circumstances independent of the will of the party invoking them, the consequences of which could not be anticipated despite all precautionary measures.
avoided.

Article 12 Total or partial non-performance of the trip

If during the trip it appears that a significant part of the services covered by the contract will not be able to be performed, the tour operator shall take all necessary measures to offer the traveler suitable alternatives free of charge with a view to continuing the trip.
If there is a difference between the intended and actual services provided, he shall compensate the traveler to the extent of this difference.
If such arrangement proves impossible or if the traveler does not accept these alternatives for sound reasons, the travel organizer must provide him with an equivalent means of transport that will bring him back to the place of departure, and, where appropriate, compensate the traveler.

Article 13 Interruption by the traveler

The traveler may at any time cancel all or part of the contract. If the traveler cancels the contract due to a circumstance attributable to him, he shall compensate the damage suffered by the tour operator and/or agent as a result of the cancellation:

a) Up to and including 57 days before the departure date: 15% of the travel price
b) from the 56th to the 29th day before the departure date: 35% of the travel price
c) from the 28th to the 22nd day before the departure date: 40% of the travel price
d) from the 21st to the 15th day before the departure date: 50% of the travel price
e) from the 14th to the 8th day before the departure date: 75% of the travel price
f) from the 7th day before the departure date: 100% of the travel price.

Article 14 Liability of the tour operator

The tour operator is liable for the proper performance of the contract, in accordance with the expectations that the traveler may reasonably have under the terms of the tour operator contract, and for the obligations arising from the contract, regardless of whether these obligations are to be performed by himself or by other providers of services and without prejudice to the tour operator's right to sue these other providers of services.
The tour operator is liable for the acts of negligence of its appointees and representatives, acting in the performance of their duties, as much as for its own acts and omissions.
If an international treaty applies to a service included in the tour operator contract, the tour operator's liability shall be excluded or limited in accordance with that treaty.
Insofar as the travel organizer does not himself provide the services provided for in the travel contract, his liability for material damage and compensation for loss of enjoyment of the trip together shall be limited to twice the travel price.
Otherwise, Articles 18 and 19 of the Law of February 16, 1994, apply.

Article 15 Liability of the traveler

The traveler is liable for damages incurred by the tour operator and/or agent, their appointees and / or their representatives due to his fault, or when he has not fulfilled his con- tractual obligations. The fault shall be assessed according to the normal behavior of a traveler.

Article 16 complaints mechanism

Before departure:

If the traveler has a complaint before departure, he must submit it to the travel agent and/or tour operator as soon as possible by signed letter or against receipt.
During the trip:

Complaints during performance of the contract must be reported by the traveler as soon as possible on the spot, in an appropriate and probative manner, so that a solution can be sought. To do so, he must contact - in this order - a representative of the tour operator, or a representative of the travel agent, or directly the travel agent, or finally directly the tour operator.
After the trip:

If a complaint was not satisfactorily resolved on site or if it was impossible for the traveler to formulate a complaint on site, he must file a complaint with the travel agent or else with the tour operator by registered letter or against receipt no later than one month after the end of the travel contract.

Article 17 Reconciliation procedure

In case of dispute, the parties should first seek an amicable settlement among themselves.
If this attempt at an amicable settlement fails within a period of 1 to 3 months, any of the parties involved may ask the secretariat of the Reconciliation Unit of the vzw Geschillencommissie Reizen to initiate reconciliation proceedings. All parties must agree.
To this end, the Secretariat will provide the parties with reconciliation rules and a "reconciliation agreement.".
In accordance with the simple procedure described in the Rules, an impartial conciliator will then contact the parties in order to pursue a fair reconciliation between the parties.
Any agreement reached will be recorded in a binding written agreement.Secretariat of the “Reconciliation Cell”:telephone: 02 277 61 80
fax: 02 277 91 00
email: verzoening.gr@skynet.be

Article 18 Arbitration or Court

If conciliation proceedings are not instituted or fail, the claimant may, if it so desires, institute arbitration proceedings before the Travel Disputes Committee or commence proceedings in the ordinary courts.
The traveler can never be obliged to accept the jurisdiction of the Travel Disputes Committee, either as a plaintiff or defendant.
The travel organizer or travel agent who is a defending party may refuse arbitration only if the amount claimed by the claimant is EUR 1,250 or more. He has a period of 10 calendar days from receipt of the registered letter indicating that a file containing a claim
from 1250 EUR was opened at the Travel Dispute Commission
This arbitration procedure is governed by dispute regulations and may only be initiated after a complaint has been lodged with the company itself, and this as soon as it has been established that the dispute could not be settled amicably or as soon as four months have passed since the (anticipated) end of the trip (or possibly from the service that gave rise to the dispute). Disputes concerning physical injuries can only be settled in court.
The joint arbitral tribunal shall, in accordance with the dispute regulations, rule on the travel dispute in a binding and final manner. No appeal is possible against this.

Secretariat of the Arbitral Tribunal, and general secretariat of the Dispute Board.
Travel Committee:

telephone: 02 277 62 15 (9 a.m. to noon)

fax: 02 277 91 00

City Atrium, Vooruitgangstraat 50, 1210 Brussels

email: http://clvgr@skynet.be

March 2015