THE GENERAL TRAVEL CONDITIONS OF THE TRAVEL DISPUTES COMMITTEE
Article I Scope
These general terms and conditions apply to contracts for travel organization and travel mediation as defined by the Belgian law of 16 February 1994 regulating the contract for travel organization and travel mediation.
Article 2 Promotion
I. The information in the travel brochure binds the tour operator or travel agent who issued the brochure, unless:
a) changes to these data clearly, in writing and in advance
the conclusion of the contract has been brought to the attention of the traveler; the brochure must expressly mention this;
b) changes occur subsequently as a result of a written agreement between
parties to the contract.
2. The tour operator and/or travel agent may cancel all or part of its travel promotion for a specific or indefinite period.
Article 3 Information from the tour operator and/or travel agent
The tour operator and/or travel agent are obliged:
I. to inform travelers in writing before concluding the contract for travel organization or travel mediation:
a) general information regarding passports and visas and health formalities necessary for the journey and stay, so that travelers can obtain the necessary documents. Travelers of non-Belgian nationality must inquire with the embassy(s) or consulate(ates) concerned which administrative formalities they must complete;
b) information about entering into and the contents of a cancellation and/or assistance insurance;
c) the general and special conditions applicable to the contracts.
2. to provide travelers with the following information in writing no later than 7 calendar days before the departure date:
a) timetables and stops and connections as well as, if possible, the place to be occupied by the traveler;
b) name, address, telephone, fax number and/or e-mail address of either the local representative of the tour operator and/or intermediary, or the local authorities that can assist the traveler in case of difficulties, or directly the travel agent mediator or the tour operator.
c) For travel and stays of minors abroad, the information allowing direct contact with the child or with the person responsible for his or her accommodation locally. The above-mentioned period of 7 calendar days does not apply in the event of a contract concluded late.
Article 4 Information from the traveler
The traveler must provide the tour operator and/or travel agent with all useful information that is expressly requested or that could reasonably have an influence on 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 Conclusion of the contract
I. When booking the trip, the travel agent or organizer is obliged to hand over an order form to the traveler in accordance with the law.
2. The travel organization contract comes into effect at the time that the traveler, whether or not through the travel intermediary acting on behalf of the tour operator, receives written confirmation of the booked trip from the tour operator.
If the contents of the order form differ from that of the travel confirmation or if confirmation is not made within 21 days after signing the order form, the traveler may assume that the trip has not been booked and the traveler is entitled to an immediate refund. all amounts already paid.
Article 6 The Prize
I. The price agreed in the contract cannot be revised unless this is expressly provided for in the contract together with the precise method of calculation thereof, and insofar as the revision is the result of a change in:
a) the exchange rates applied to the trip and/or
b) transport costs, including fuel costs and/or
c) the levies and taxes payable for certain services. The condition must be met that the changes referred to will also lead to a reduction in the price.
2. The price stated in the contract may under no circumstances be increased within 20 calendar days preceding the day of departure.
3. If the increase exceeds 10% of the total price, the traveler can 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
I. Unless expressly agreed otherwise, the traveler pays, when signing the order form, as an advance, part of the global or total travel price as determined in the special travel conditions.
2. If the traveler fails to pay the advance or travel sum required from him after having been placed in check, the tour operator and/or travel agent will have the right to
to terminate the agreement with the traveler by operation of law, with the costs to be borne by the traveler.
3. Unless otherwise agreed on the order form, the traveler pays the balance of the price no later than one month before the departure date, and on the condition that the written travel confirmation and/or travel documents are provided to him in advance or at the same time.
Article 8 Transferability of the bucking
1. Before the start of the trip, the traveler can transfer his trip to a third party, who must comply with all conditions of the travel organization contract. The transferor must inform the tour operator and, where appropriate, the travel agent, of this transfer in good time before departure.
2. 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 another change, the tour operator and/or intermediary may charge all costs resulting from this.
Article 10 Change by the tour operator before departure
I. If, before the start of the trip, one of the essential points of the contract cannot be carried out, the tour operator must inform the traveler of this as soon as possible, and in any case before departure, and inform him of the possibility of terminating the contract without costs, unless he accepts the change proposed by the tour operator.
2. The traveler must inform the travel agent or travel organizer of his decision as soon as possible, and in any case upon request.
3. If the traveler accepts the change, a new contract or an addendum to the contract must be drawn up in which the changes made and their influence on the price are communicated.
4. If the traveler does not accept the change, he may request the application of Article 11.
Article 11 Termination by the tour operator before departure
1. If the tour operator terminates the contract before the start of the trip due to a circumstance not attributable to the traveler, the traveler has the choice between:
I) or the acceptance of a new offer of a trip of equal or better quality, without having to pay a supplement: if the trip that is offered as a replacement is of inferior quality, the tour operator must refund the difference in price as soon as possible.
2) or the reimbursement, as soon as possible, of all amounts paid by him under the contract.
2. The traveler can also, where appropriate, claim compensation for non-execution of the contract, unless:
a) the tour operator cancels the trip because the minimum number of travelers provided for in the contract and necessary for the execution of the trip has not been reached and the traveler cancels this in writing within the period provided for in the contract and at least 15 calendar days before the departure date was informed;
b) the cancellation is the result of force majeure, which does not include transfers. Force majeure means abnormal and unforeseeable circumstances that are independent of the will of the person invoking it and the consequences of which could not be avoided despite all precautions.
Article 12 Complete or partial non-execution of the trip
I. If during the trip it becomes apparent that an important part of the services to which the contract relates cannot be performed, the tour operator will take all necessary measures to offer the traveler suitable and free alternatives with a view to the continuation of the journey.
2. If there is a difference between the intended and the services actually provided, he will compensate the traveler for this difference.
3. If such an arrangement proves impossible or if the traveler refuses these alternatives
does not accept for valid reasons, the tour operator must provide him with an equivalent means of transport that will take him back to the place of departure and, where appropriate, compensate the traveler.
Article 13 Termination by the traveler
The traveler can terminate the contract in whole or in part at any time. If the traveler terminates the contract due to a circumstance attributable to him, he will compensate the damage suffered by the tour operator and/or intermediary as a result of the termination. The compensation can be determined at a fixed rate in the special conditions or in the travel program, but may not exceed the price of the trip.
Article 14 Liability of the tour operator
1. The tour operator is liable for the proper execution of the contract, in accordance with the expectations that the traveler may reasonably have on the basis of the provisions of the travel organization contract, and for the obligations arising from the contract, regardless of whether these obligations arise from to be carried out by himself or by other providers of services, without prejudice to the right of the tour operator to hold these other providers of services accountable.
2. The tour operator is liable for the negligence of its employees and representatives, acting in the course of their duties
of their position, equally liable as for his own <charges and negligence.
3. If an international treaty applies to a service included in the travel organization contract, the liability of the tour operator is excluded or limited in accordance with that treaty.
4. Unless the tour operator itself provides the services provided for in the travel contract, its liability for material damage and compensation for loss of travel enjoyment is jointly limited to twice the travel price.
5. For the rest, Articles 18 and 19 of the Act of 16 February 1994 apply.
Article 15 Liability of the traveler
The traveler is liable for damage caused by the tour operator and/or
-mediator, their appointees and/or their representatives as a result of his misconduct, or when he has failed to fulfill his contractual obligations. The error will be assessed according to the normal behavior of a traveler.
Article 16 complaints procedure
I. Before the AFI requirement:
If the traveler has a complaint before departure, he must submit it to the travel agent and/or travel organizer as soon as possible by registered letter or against receipt.
2. During the trip:
The traveler must report complaints during the execution of the contract as soon as possible on site, in an appropriate and evidentiary manner, so that a solution can be sought.
To do this, he must contact – in this order – a representative of the tour operator, or a representative of the travel agent, or directly to the travel agent, or finally directly to the tour operator.
3. 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 submit a complaint to the travel agent or otherwise to the tour operator by registered letter or with acknowledgment of receipt no later than one month after the end of the travel agreement.
Article 17 Conciliation procedure
I. In the event of a dispute, the parties must first seek an amicable settlement between themselves.
2. If this attempt at an amicable settlement fails within a period of
1 to 3 months, then each of the parties involved can contact the secretariat of the CE! Request reconciliation from the non-profit organization Travel Disputes Committee to initiate a reconciliation procedure. All parties must agree to it.
3. To this end, the secretariat will provide the parties with an information brochure, conciliation regulations and a “conciliation agreement”. Once the parties involved have completed and signed this agreement (jointly or separately), and once each party has paid an amount of 50 euros, the conciliation procedure will start.
4. In accordance with the simple procedure described in the regulations, an impartial settler will then contact the parties in order to pursue a fair settlement between the parties.
5. Any agreement reached will be recorded in a binding written agreement.
Secretariat of the “Cell Reconciliation”: telephone: 02 277 61 80
fax: 02 277 91 00
Article 18 Arbitration or Court
I. If no conciliation procedure is initiated or if it fails, the claimant in principle has the choice between proceedings before the ordinary court or arbitration proceedings before the Travel Disputes Committee.
2. For the amounts claimed from 1250 euros, each defendant party can refuse arbitration proceedings by registered letter to the claimant. It has a period of IO calendar days for this after receipt of the registered letter indicating that a file with a claim from EUR 1250 has been opened at the Travel Disputes Committee.
Below 1250 euros there is the option to refuse the arbitration procedure
only open to the traveler.
3. This arbitration procedure is governed by dispute regulations and can only be started if no amicable settlement could be reached within a period of 4 months following the (anticipated) end of the trip (or possibly from the performance that gave rise to the dispute). reaches. Disputes regarding physical injuries can only be settled by the courts.
4. The jointly composed arbitral tribunal will rule on the travel dispute in a binding and final manner, in accordance with the dispute regulations. No appeal is possible against this.
Secretariat of the arbitral tribunal and general secretariat of the Travel Disputes Committee:
– telephone: 02 277 62 15 (9am to 12pm)
– fax: 02 277 91 00
– City Atrium, Progressstraat 50, 1210 Brussels
Special conditions of the travel organization can be found in the relevant brochure. Special general travel conditions of De Trekvogel are available on request.