General travel conditions of the Travel Disputes Committee for package travel agreements
Article 1 – Field of application
These general terms and conditions apply to the sale of travel services that are booked as from July 1, 2007 and are arranged by the Act on the sale of package holidays, linked travel arrangements and travel services of November 21, 2017.
Article 2 – Information to the traveler before a travel service contract is concluded
2.1: The organizer and also the retailer shall provide the traveler with the legally prescribed standard information, as well as, as far it applies to the package tour, before it is bound by a package travel contract:
1. The main characteristics of the travel services: – the travel destination(s), the route and the periods of stay, including dates and number of nights;
– the means of transport, their characteristics and categories, the places and dates and times of
departure and return, the duration and place of intermediate stops and the connections; if the exact time is not yet known, this is indicated by approximation
– the location, the main characteristics and the category of the accommodation according to the rules of
the country of destination;
– the meals provided;
– the visits, excursions or other services included in the total price agreed for the package tour;
– if it is not clear, whether the travel services are provided to the traveler as a member of a group;
– the language in which other tourist services are provided;
– whether the journey is generally suitable for persons with reduced mobility;
2. the total price of the package tour and, where applicable, an indication of the type of additional costs that may be charged to the traveler;
3. the payment modalities;
4. the minimum number of persons required for the package travel and the final date for termination of the contract if this number is not met;
5. general information on the requirements in the country of destination regarding passport and visa requirements, including the approximate time needed to obtain a visa and information on formalities health;
6. the statement that the traveler can cancel the contract on payment of a cancellation fee;
7. information about the cancellation and/or assistance insurance policies.
2.2: The professional ensures that the correct standard information form is provided to the traveler.
2.3: The pre-contractual information provided to the traveler forms an integral part of the package travel contract. It can not be changed unless mutually agreed by the parties.
Article 3 – Information by the traveler
3.1: The person who concludes the package travel contract must provide the organizer and the retailer with all useful information about himself and his fellow travelers who may be of interest for the conclusion or performance of the contract.
3.2: If the traveler provides incorrect information and this leads to extra costs for the organizer and/or retailer, these costs may be charged.
Article 4 – The package travel arrangement
4.1: At the conclusion of the package travel contract or within a reasonable period, the organizer or, if a retailer is involved, the latter provides the traveler with confirmation of the agreement on a durable medium, such as an e-mail, a paper document or a PDF. When the package travel contract is concluded in the simultaneous physical presence of the parties, the traveler has the right to request a paper copy.
4.2: The package travel contract or confirmation thereof contains the entire contents of the agreement, including all information as stated in Article 2 and the following information:
– the special wishes of the traveler to which the organizer has entered;
– that the organizer is liable for the proper execution of the package tour and has a duty of assistance;
– the name and contact details of the entity responsible for protection in the event of insolvency;
– the name, address, telephone, e-mail address of the organizer’s local representative or other service in
case the traveler is in trouble or wishes to complain about the possible non-conformity;
– the obligation of the passenger to report the non-conformity during the journey;
– information based on direct contact can be made with an unaccompanied minor or with the person
responsible for his or her place of residence;
– information about internal complaints application;
– information about the Travel Disputes Committee and the platform of the E.U. for online dispute resolution;
– information on the traveler’s right to transfer his contract.
4.3: In good time before the start of the package tour, the organizer provides the traveler with: – the necessary receipts; – the vouchers and tickets; – information about the planned departure times and, if applicable, the latest time to check in, the
scheduled times of intermediate stops, connections and arrival.
Article 5 – The price
5.1: After the package travel contract has been concluded, the prices can only be increased if the agreement expressly provides for this. In that case, the package travel contract will indicate how the price revision will be calculated. Price increase is only allowed as a direct result of changes in: the price of passenger transport due to the increased cost of fuel or other energy sources, or
the amount of taxes or fees on the travel services included in the contract, which are levied by third parties not directly involved in the execution of the package tour, including tourist taxes and departure or
arrival tax in ports and airports, or
the exchange rates that are important for the package tour.
If a price increase is foreseen, the traveler is entitled to a price reduction if the above costs are reduced.
5.2: If the increase exceeds 8% of the total price, the traveler can cancel the contract without notice of termination.
5.3: A price increase is only possible if the organizer notifies the traveler of this price increase no later than twenty days before the start of the package tour via a durable medium, such as an e-mail, a paper document or a PDF, with a justification for that price increase. and a calculation.
5.4: In case of a price reduction, the organizer has the right to deduct the administrative costs from the indebted due to the traveler. If requested by the traveler, the organizer will substantiate these costs.
Article 6 – Payment of the travel sum
6.1: Unless otherwise agreed, the traveler pays a part of the total travel sum as stipulated in the special conditions when the package travel contract is concluded.
6.2: Unless otherwise agreed in the package travel contract, the traveler pays the balance of the price no later than 1 month before the departure date.
6.3: If the traveler, after having been given notice of default in advance, fails to pay the advance or the travel sum that is required of him, the organizer and/or retailer shall have the right to terminate the contract with the traveler by operation of law, with the costs charge of the traveler.
Article 7 – Transferability of the package travel agreement
7.1: The traveler can transfer the package travel contract to a person who meets all the conditions that apply to that agreement provided that he: 1 ° informs the organizer and possibly the retailer as quickly as possible and no later than 7 days before the start of the package journey via a durable medium such as an e-mail, a paper document or a PDF, and 2 ° bear any additional costs arising from the transfer.
7.2: The person transferring the package holiday and the person who takes over the contract are jointly and severally liable for the payment of the outstanding amount and for any additional fees arising from the transfer. The organizer shall inform the person transferring the contract of the costs of the transfer.
Article 8 – Other modifications by the traveler
If the traveler requests another modification, the organizer and or the retailer who can take advantage of this may charge all costs caused by this.
Article 9 – Change by the organizer before the departure
9.1: The organizer can not unilaterally change the conditions of the package travel contract, except for price changes before the start of the package, unless: 1° the organizer has reserved this right in the agreement, and
2 ° it is an insignificant change, and 3 ° the organizer informs the traveler of this via a durable medium, such as an e-mail, a paper document or a pdf.
9.2: If, prior to the start of the journey, the organizer is obliged to change one of the main characteristics of the travel services significantly or can not meet the confirmed special wishes of the traveler, or proposes the price of the package tour by more than 8 %, the organizer must inform the traveler and inform him: 1 ° of the proposed changes and their effect on the price of the package tour; 2 ° the possibility to cancel the contract without costs, unless he accepts the proposed changes; 3 ° of the period within which he must inform the organizer of his decision; 4 ° of the fact that if he does not explicitly accept the proposed change within the specified period, the agreement will be automatically terminated, and 5 ° if applicable, of the proposed replacement package tour and the price thereof.
9.3: If the changes to the package travel contract or the replacement package travel have the effect of reducing the quality or costs of the package tour, the traveler is entitled to an appropriate price reduction.
9.4: If the package travel contract is canceled on the basis of Article 9.2 and the traveler does not accept a replacement package, the organizer will refund all paid amounts to the traveler no later than fourteen days after the termination of the agreement.
Article 10 – Cancellation by the organizer before departure
10.1: The organizer can cancel the package travel contract: 1 ° if the number of persons registered for the package travel is less than the minimum number stated in the contract and the traveler is informed by the organizer of the cancellation of the contract within the term specified in the contract, but no later than: 1. a) 20 days before the start of the package journey on journeys exceeding six days; 2. b) seven days before the start of the package journey on journeys of two to six days; 3. c) 48 hours before the start of the package journey for journeys of less than two days, or 2 ° if he can not execute the contract as a result of unavoidable and extraordinary circumstances and informs the traveler before the start of the package trip that the contract is canceled.
10.2: In these cases, the organizer pays all amounts he has received for the package tour without incurring additional compensation back to the passenger.
Article 11 – Cancellation by the traveler
11.1: The traveler can cancel the package travel contract at any time before the start of the package tour. In case of cancellation, the traveler can be obliged to pay a cancellation fee to the organizer. In the package travel contract standardized termination payments can be determined based on the time of cancellation before the start of the package and the expected cost savings and income from alternative use of the travel services. If no standardized severance pay has been set, the amount of the cancellation fee corresponds to the price of the package travel less the cost savings and income from alternative use of the travel services.
11.2: However, if the traveler is faced with unavoidable and extraordinary circumstances at the destination, which have significant consequences for the performance of the package or which have a significant impact on passenger transport from passengers to the place of destination, the right to the package travel contract without payment. to cancel a severance payment. In case of cancellation of the package travel contract under this article, the traveler is entitled to a full refund of all amounts paid for the package, but he can not claim any additional compensation.
11.3: The organizer shall refund all amounts paid by or on behalf of the traveler within fourteen days, less the cancellation fee.
Article 12 – Non-conformity during the trip
12.1: The traveler shall inform the organizer without delay of any non-conformity he has established during the performance of a travel service included in the package travel contract.
12.2: If one of the travel services is not performed in accordance with the package travel contract, the organizer will rectify this non-conformity, unless: 1 ° is impossible, or 2 ° entails disproportionate costs, taking into account the degree of non-conformity and the value of the relevant travel services. If the organizer does not remedy the non-conformity, the traveler is entitled to a price reduction or compensation in accordance with article 15.
12.3: If the organizer does not remedy the non-conformity within a reasonable period set by the traveler, the traveler has the option to do this himself and to request reimbursement of the necessary expenses. It is not necessary for the traveler to set a time limit if the organizer refuses to remedy the non-conformity or if an immediate solution is required.
12.4: If a substantial part of the travel services can not be provided, the organizer offers other arrangements of, if possible, equivalent or higher quality, without additional costs for the traveler. If the other proposed arrangements lead to a package tour of lower quality, the organizer shall award an appropriate price reduction to the traveler. The traveler can only reject the other proposed arrangements if they are not comparable with what was agreed in the package travel contract, or if the price reduction granted is insufficient.
12.5: If the non-conformity has significant consequences for the performance of the package tour and the organizer has not rectified this within a reasonable period determined by the traveler, the traveler can cancel the package travel contract without paying a cancellation fee and, if applicable, a price reduction. and/or request compensation. If the package tour includes passenger transport, the organizer also provides for repatriation of the passenger. If no other arrangements can be proposed or the traveler rejects the other proposed arrangements, the traveler is entitled, if applicable, also without notice of the package travel contract, to a price reduction and/or compensation.
12.6: If, as a result of unavoidable and extraordinary circumstances, it is not possible to arrange the return of the traveler as agreed in the package travel contract, the organizer shall bear the costs of the necessary accommodation, for a maximum of three nights per traveler.
12.7: The restriction of the costs as referred to in 12.6 does not apply to persons with reduced mobility, to persons accompanying them, to pregnant women, to unaccompanied minors and to persons who require specific medical assistance, provided that the organizer has completed at least 48 hours before the package has been notified of their special needs.
12.8: The organizer may not appeal on unavoidable and extraordinary circumstances to limit liability if the carrier concerned can not rely on it under the applicable law of the Union.
12.9: The traveler can direct messages, requests or complaints regarding to the execution of the package travel directly to the retailer from whom he has purchased the package tour. The retailer will forward these messages, requests or complaints to the organizer without delay.
Article 13 – Liability of the traveler
The traveler is liable for the damage that the organizer and or retailer, their appointees and/or representatives receive as a result of his mistake, or when he has not fulfilled his contractual obligations.
Article 14 – Liability of the organizer and the professional
14.1: The organizer is liable for the execution of the travel services included in the package travel contract, regardless of whether these services are provided by the organizer or by other travel service providers.
14.2: In case that the organizer is established outside the European Economic Area, the retailer established in a Member State shall be bound by the obligations for organizers, unless the retailer proves that the organizer meets the conditions prescribed by the law of November 21, 2017.
Article 15 – Price reduction and compensation
15.1: The traveler is entitled to a fitting price reduction for each period in which there was non-conformity of the services provided, unless the organizer proves that the non-conformity is due to the traveler.
15.2: The traveler is entitled to a fitting compensation from the organizer for any damage he incurs as a result of non-conformity. The compensation will be paid without delay.
15.3: The traveler is not entitled to compensation if the organizer demonstrates that the non-conformity is due to: 1° the traveler; 2 ° a third party who is not involved in the performance of the travel services included in the package travel contract, and the non-conformity could not be foreseen or prevented, or 3 ° unavoidable and extraordinary circumstances.
Article 16 – Mandatory assistance
16.1: The organizer shall offer appropriate assistance to the traveler in difficulty without delay, in particular by: 1 ° providing useful information about medical services, local authorities and consular assistance; 2 ° assisting the traveler in the use of remote communication and in finding other travel arrangements.
16.2: If the difficulties are the consequence of intent or negligence on the part of the traveler, the organizer may request compensation for this assistance. In no case will this compensation exceed the actual costs supported by the organizer.
Article 17 – Complaint settlement
17.1: If the traveler has a complaint before departure, he must report this to the organizer or the retailer in a valid manner as soon as possible.
17.2: Complaints during the execution of the package travel agreement must be reported to the organizer or retailer as soon as possible on location, in a proper and conclusive manner, so that a solution can be found.
17.3: If a complaint on the spot has not been satisfactorily resolved or the traveler was unable to make a complaint on the spot, he must file a complaint with the organizer or the retailer without delay after the end of the travel contract in a valid manner.
Article 18 – Reconciliation process
18.1: In case of a dispute, the parties must first seek a mutual agreement.
18.2: If this attempt at amicable settlement fails, then each of the parties involved can request the non-profit organization vzw Geschillencommissie Reizen to start a conciliation procedure. All parties must agree to it. 18.3: For this purpose, the secretariat will provide the parties with a reconciliation regulation and an “agreement for reconciliation”.
18.4: According with the procedure described in the regulations, an impartial conciliator will then contact the parties in order to seek fair reconciliation between the parties.
18.5: Any accomplished agreement will be laid down in a binding written agreement.
Article 19 – Arbitration or court
19.1: If no conciliation procedure is established or fails, the prosecutor can, if desired, institute arbitration proceedings before the Travel Disputes Committee or bring pending proceedings in court.
19.2: The traveler can never be obliged to accept the authority of the Travel Disputes Committee, neither as prosecutor nor as defendant.
19.3: The organizer or retailer who is the defendant can only refuse the arbitration if the amount demanded by the prosecutor amounts to more than 1,250 euros. For this purpose he has a period of 10 calendar days after receipt of the registered letter or e-mail with acknowledgment of receipt stating that a file with a claim from 1.251 euros was opened at the Travel Disputes Committee. 19.4: This arbitration procedure is organized by a dispute regulation, and can only be started after filing a complaint with the company itself as soon as it is established that the dispute could not be settled amicably or as soon as four months have elapsed after the (planned) end of the trip. (or possibly from the performance that gave rise to the dispute). Disputes concerning bodily injury can only be settled by the courts.
19.5: The jointly composed arbitral tribunal, in accordance with the disputes regulations, decides on the travel dispute in a binding and definitive manner. No appeal is possible against this.
Secretariat of the Travel Disputes Committee: telephone: 02 277 62 15 of 02 277 61 80 (9am tot 12 am); fax: 02 277 91 00 City Atrium, Vooruitgangstraat 50, 1210 Brussels e-mail: email@example.com