General Terms and Conditions

General Travel Conditions

 

Article 1: Scope
These general terms and conditions apply to the travel organization contract as defined by the Belgian law of 16 February 1994 governing the Travel Organization and Travel Intermediation Contract. Without prejudice to the provisions of common law, the specific provisions of the aforementioned law apply to contracts for travel intermediation.

 

Article 2: Promotion of Travel

1. The information in the travel brochure/website binds the tour operator or intermediary who published it, unless:
a. changes to this information have been clearly and in writing communicated to the traveler before concluding the contract;
b. changes occur afterwards by written agreement between the tour operator and the traveler.

2. The tour operator and/or intermediary may be compelled to temporarily or permanently remove a particular offer.

3.The offer in the brochure is always valid until exhaustion.

 

Article 3: Required Information

A. Obligations of the Tour Operator and/or Intermediary

1. Before concluding the travel contract, they must provide the traveler in writing with:
a. general information concerning passports and visas, and the health formalities necessary for the journey and stay, so that travelers can obtain the necessary documents. Travelers of non-Belgian nationality should contact the competent authorities for their specific requirements;
b. information about the availability and coverage of cancellation and/or assistance insurance.

 

2. No later than 7 calendar days before departure, the following information must be provided in writing:
a. schedules, stopovers, and connections, and if possible, the allocated seat;
b. name, address, phone, and fax number of the local representative of the tour operator and/or intermediary, or local bodies able to assist the traveler in case of difficulties, or direct contact details of the intermediary or operator;
c. for minors traveling abroad, the information necessary for direct contact with the child or with the responsible person at the destination;
d. The 7-day deadline does not apply for late bookings.

 

B. Information Provided by the Traveler
The traveler must provide the tour operator and/or intermediary with all necessary information explicitly requested. If the traveler gives incorrect information that results in extra costs, these may be charged.

 

Article 4: The Contract
A. Formation of the Contract

1. Upon booking, the intermediary or tour operator must provide a booking confirmation slip in compliance with the law.

2. The travel contract comes into effect when the traveler receives written confirmation from the tour operator, either directly or via the intermediary.

3. If the confirmation deviates from the booking slip or is not provided within 21 days after signing, the traveler may assume the trip was not booked and is entitled to immediate reimbursement.

 

B. Travel Price

1. The agreed price is fixed and includes all mandatory services, except for obvious material errors. Price revisions are possible due to changes in:
a. exchange rates;
b. transportation costs, including fuel;
c. taxes and levies applicable to certain services.

2. The price may not be increased within 20 calendar days before departure.

3. If the price increases by more than 10%, the traveler may cancel the contract without penalty and receive a full refund.

 

C. Payment

1. Unless otherwise agreed, the traveler pays a deposit upon signing, as specified in the special travel terms.

2. If the traveler fails to pay after notice, the tour operator/intermediary may lawfully terminate the contract at the traveler’s expense.

3. The remaining balance is due no later than one month before departure, provided the travel confirmation/documents are delivered beforehand.

 

D. Transfer of the Booking

1. The traveler may transfer the booking to a third party who meets all contract conditions. The transfer must be communicated in time before departure.

2. Both the original traveler and the transferee are jointly responsible for payment of the full travel price and transfer fees.

 

Article 5: Execution of the Contract
A. Changes by the Tour Operator Before Departure

1. If a fundamental part of the contract cannot be performed, the traveler must be notified before departure and may cancel without penalty unless the traveler accepts the changes.

2. The traveler must inform the operator/intermediary of their decision before departure.

3. If accepted, a new contract or amendment will be drawn up, including price impact.

4. If the change is not accepted, the traveler may invoke Article 5B.

 

B. Cancellation by the Operator Before Departure

1. If the operator cancels the trip for reasons not attributable to the traveler, the traveler may choose to:
a. accept a substitute trip of equal or better quality at no extra cost;
b. receive full and prompt refund.

 

2. Compensation is also possible unless:
a. the minimum number of participants was not reached and the traveler was informed in writing at least 15 days before departure;
b. cancellation is due to force majeure (excluding overbooking), i.e., unforeseen and unavoidable circumstances.

 

C. Non-Performance During the Trip

1. If a key part of the trip cannot be performed during travel, the operator must offer suitable alternatives at no additional cost.

2. Any difference in value must be compensated.

3. If alternatives are not possible or are reasonably rejected, the operator must provide equivalent transportation back and compensate if applicable.

 

D. Changes Requested by the Traveler
If the traveler requests changes, any resulting costs may be charged by the tour operator/intermediary.

 

E. Cancellation by the Traveler
The traveler may cancel at any time. If the reason is attributable to the traveler, they must compensate for the resulting losses, up to a maximum of the total trip cost.

 

F. Liability of the Operator

1. The tour operator is liable for proper execution of the contract and the services, even if performed by third parties.

2. They are also liable for acts of their employees and representatives.

3. They are not liable in case of:
a. fault by the traveler;
b. unforeseeable third-party issues;
c. force majeure;
d. unforeseeable events beyond control, excluding overbooking.

4. If international treaties apply, the operator's liability may be limited as per those treaties.

5. For services not performed directly by the operator, liability for material damage and loss of enjoyment is capped at twice the trip cost.

6. Articles 18 and 19 of the law cited in Article 1 also apply.

 

Article 6: Traveler’s Liability
The traveler is liable for any damage caused to the operator/intermediary, their staff, or representatives due to fault or failure to fulfill contractual obligations, assessed based on normal traveler conduct.

 

Article 7: Complaints Procedure

1. Before departure: complaints must be submitted to the operator/intermediary as soon as possible, by registered mail or with proof of receipt.

2. During the trip: complaints must be made on-site, immediately and with evidence, to seek a solution. The traveler must contact, in order: a local representative, the intermediary, or the operator.

3. After the trip: if unresolved during the trip or if it was not possible to report it then, complaints must be submitted by registered mail within one month after the end of the trip.

 

Article 8: Travel Disputes Committee

1. A “dispute” arises if a complaint cannot be resolved amicably within 4 months of the end of the contract or the scheduled departure date (if the trip did not occur).

2. Any post-contract dispute may be submitted to the Travel Disputes Committee vzw, except those involving physical injury. If the defendant is a consumer, they may refuse arbitration within 15 calendar days by registered letter.

3. The procedure follows the Committee’s rules and Belgian Judicial Code (Articles 1676–1723). The ruling is binding and not subject to appeal. Fees apply as per the Committee’s rules.

4. Use of these terms implies acceptance of the Committee’s rules and decisions. The Committee’s address: Koning Albert II-laan 16, 1000 Brussels.