Consumer Protection
The new legislation confirms and secures the benefits of booking your trip with the ABTO member Wings 'n Wheels.
As a reminder: Customers are informed of their rights: the tour operator is obliged to inform them, through standard imposed information forms, of their rights as consumers. so they know exactly what to expect.
Safety and comfort:
when customers book a trip, it is customary to pay in advance. As a customer, you can count on 100% financial security in case of bankruptcy of the tour operator or one of its partners. The tour operator is compulsorily insured against financial insolvency. In addition, customers enjoy guarantees in case of natural disasters, political unrest or strikes.
Hygiene and health:
the tour operator complies with the strictest hygiene and health regulations and subscribes to the prevention programs provided by the authorities. Again, customers can be sure of a carefree vacation.
Reliable partners:
Customers know exactly who they are booking their vacation with. The tour operator and its partners have the necessary permits and licenses.
General and specific conditions imposed by the Travel Disputes Commission: they have been drawn up in collaboration with the consumer organizations, under the auspices of the Ministry of Economic Affairs.
Arbitration and jurisdiction under Belgian law:in case of problems, customers can turn to the Travel Disputes Commission. The Commission deals with disputes between consumers and travel organizers in a quick, simple and inexpensive way. In addition, customers can have their dispute examined under Belgian law and by a Belgian court. If you organize your own trip, you may have to turn to foreign courts.
Standard information form for package travel contracts
Essential rights under Directive (EU) 2015/2302
Travelers will receive all essential information about the travel package before concluding the travel contract. There is always at least one professional who is responsible for the proper execution of all travel services included in the contract. Travelers are provided with an emergency telephone number or point of contact to reach the tour operator or travel agent. This number is indicated on each voucher. Travelers may transfer their package tour to another person, with reasonable notice and possibly subject to additional charges. The price of the package tour may only be increased if specific costs increase (e.g. fuel prices) and if this possibility is explicitly provided for in the contract, and may in any case not be changed less than twenty days before the start of the package tour. If the price increase exceeds 8% of the package price, the traveller may withdraw from the contract. If the organizer reserves the right to increase the price, the traveler is entitled to a price reduction in the event of a reduction in costs.
Travelers may terminate the contract without paying any termination fees and receive a full refund of payments made if any of the essential elements of the package tour, other than the price, undergo a significant change. If, prior to the start of the package tour, the tour operator cancels the package tour, travellers may obtain a refund.
Travelers may cancel the contract without paying a cancellation fee before the start of the package in case of exceptional circumstances, for example if there are serious safety problems at the destination that are likely to affect the package tour. For more information, visit the government website www.diplobel.be
In addition, travelers may, at any time prior to the start of the package tour, terminate the contract upon payment of an appropriate termination fee and if, after the start of the package tour, important elements of the package tour cannot be provided as planned, appropriate alternative services must be offered to the travelers at no extra cost. Travelers may terminate the contract without payment of termination fees if the services are not performed in accordance with the contract, if this significantly disrupts the execution of the package tour and if the organizer does not remedy the problem.
Travelers are also entitled to a price reduction and/or compensation in the event of non-performance or improper performance of the services.
The organizer must provide assistance if the traveler is in difficulty. The costs are borne by the traveler.
If the organizer or the retailer becomes insolvent, the amounts paid will be refunded. If the organizer or, if applicable, the retailer becomes insolvent after the start of the package tour and if transportation is included in the package tour, the repatriation of the travellers is guaranteed. Wings 'n Wheels has taken out insolvency protection for its travellers with the Travel Guarantee Fund, Av. de la Métrologie, 1130 Brussels. Contact: tel 02/240.68.00 or info@gfg.be. Travelers can contact this organization or, if necessary, the authorities if they are denied services due to the insolvency of Wings 'n Wheels.
WINGS 'N WHEELS SPECIAL TRAVEL CONDITIONS FOR PACKAGE TOURS
1: OFFERS AND PRICES
1.a: All offers, promotions, programs, ... are made in good faith, based on the data available at the time of composition are not binding. Prices are always subject to availability of flights, room types, etc. until the time of booking. In some cases, Wings 'n Wheels may be forced to cancel or modify an offer. Wings 'n Wheels will always offer an alternative. The program, times, prices, ... are given at the time of confirmation of the reservation.
1.b: Wings 'n Wheels reserves the right to correct material errors in the pre-contractual information and/or in the contract.
1.c: The customer agrees that Wings 'n Wheels may make changes to the travel contract.
2: INFORMATION FROM THE TRAVELLER
2.a: The traveler is obliged, at the time of booking, to communicate to the organizer all necessary information related to the trip, such as Name, first name always with the exact spelling as it appears in the passports, nationality, date of birth of each person, information necessary for the visa application, physical health, allergies, specific dietary habits, ...
2.b: The traveler has the obligation to inform himself about the destinations (climatic conditions, uses and local customs, ...).
3.c: The traveler must specifically mention the essential conditions and special requirements to the tour operator before booking.
3: CUSTOMIZED TRAVEL REQUEST
Wings 'n Wheels is the specialist for the elaboration of a customized trip. After the agreement of the traveler and the signature of the order form, the advance payment must be made. The final contract will only take effect after written confirmation from Wings 'n Wheels.
4: PRICE OF THE TRIP
4.a: Wings 'n Wheels reserves the right to adjust the program and the price in case of obvious material errors. Wings 'n Wheels always reserves the right to change prices.
4.b: In the brochure and in the tailor-made quote, it is always clearly described what is included in the price of the trip. Everything that is not listed is not included.
4.c: The prices indicated in the website are calculated according to the exchange rates in force at the date of publication. Customized offers are established at the exchange rate of the date of the offer and remain valid for 7 days. After this period the price may change.
5: PAYMENT OF THE COST OF THE TRIP
5.a: Upon signing the contract, the traveler pays 30% of the total amount as an advance payment for the trip with a minimum of 300 €. In case of immediate issuance of air tickets, the total price of the tickets is due immediately. Special price and promotional bookings (non-refundable hotels/excursions) are also payable in full.
5.b: The traveler pays the balance of the trip 35 days before departure.
5.c: When booking less than 36 days prior to departure, the total amount of the trip is to be paid immediately.
5.d: If the traveler(s) remain in default of payment, the organizer and/or retailer have the right to cancel the reservations with all costs to be paid by the traveler(s).
6: TRANSFERABILITY OF THE TRIP
6.a: All costs resulting from the transfer of the trip to other persons are passed on in full to the traveler.
6.b: Wings 'n Wheels will always make every effort to transfer a trip but has reservations if this cannot be achieved despite all efforts (e.g. if flights are fully booked and have waiting lists/price changes, booking conditions with suppliers).
7: CHANGES BY THE ORGANIZER
7.a: Wings 'n Wheels reserves the right to change the provisions of the contract for travel services.
7.b: Depending on local conditions, Wings 'n Wheels will always make the necessary arrangements to carry out the program and allow the planned excursions and visits to continue. The order of the tours can change at any time.
8: CHANGES BY THE TRAVELER
The traveler has the right to make changes, these must be made in writing and any resulting costs are proposed by Wings 'n Wheels to the traveler(s) for approval. Upon approval, Wings 'n Wheels will make every effort to make the requested adjustments.
CHANGE FEE:
(Applicable as soon as the reservation request is submitted)
- The fees charged by our suppliers plus 20 Euro per segment to be modified (A hotel, a tour etc. are each a segment)
- Changes in the booking of flights can amount to 100% of the price of the flights. (e.g. names, dates, times, booking classes etc.)
- From 45 days prior to departure the costs listed under article 9 - Cancellation / Rescission
9: TERMINATION BY THE TRAVELER
9.a: The traveler may terminate the contract at any time upon payment of a cancellation fee, determined as follows:
More than 45 days before the departure date:
the costs claimed by the suppliers with a minimum of 100 Euro per person.
Between 45 and 30 days before the departure date,
the costs claimed by the suppliers with a minimum of 30% of the total price of the trip.
Between 29 and 15 days before the departure date:
the costs claimed by the suppliers with a minimum of 50% of the total price of the trip.
From 14 days before the departure date:
100% of the total price of the trip.
Cancellation fees for airline tickets are always 100% once these tickets have been issued.
Any travel insurance policies taken out are never refundable.
9.b: Cancellation of the contract must always be communicated in writing to the organizer.
10: CANCELLATION BY THE ORGANIZER
Wings 'n Wheels reserves the right to cancel group trips, the number of participants required at the latest 25 days before departure. (see minimum number indicated with each program).
11: RESPONSIBILITY OF THE ORGANIZER
Wings 'n Wheels is responsible for the proper execution of the trip. The liability is limited to a maximum of 3 times the price of the trip, except for personal injury. Wings 'n Wheels is not responsible for excursions booked on site.
12: CLAIMS
12.a: During the trip
Any complaint or shortcoming must be reported immediately to the hotel or the local agency (emergency numbers are always listed on the travel documents - vouchers).
When making a written complaint to the professional, a copy must always be sent to the organizer (info@wnw.be).
Late notification will limit the calculation of any compensation.
12.b: After the trip
If the traveler wishes to send a complaint to the organizer despite the above, this can be done via the retailer within 30 days after the end of the trip with a copy to the organizer (info@wnw.be)
12.c: In case of dispute, only the court of Brussels is competent
13: FLIGHTS
If the traveler has booked flights via Wings 'n Wheels:
The flight times communicated are always subject to change
The traveler is obliged to check in on time at the check-in desk, i.e. 3 hours before departure
In case of loss or damage of luggage, the traveler must make a declaration at the lost and found counter at the arrival airport.
14: GDPR
14.a: Wings 'n Wheels adheres to the legal requirements of the Privacy Act (GDPR)
14.b: The organizer is obliged to transfer PNR data to the P.I.E.
General Conditions of the Travel Disputes Commission for Package Travel
Article 1: Scope of application
These general terms and conditions apply to package travel contracts booked from 1 July 2018 as defined by the Act of 21 November 2017 on the sale of package travel, related travel services and travel services
Article 2: Information from the organizer and the retailer before the conclusion of the package travel contract
2.1 The organizer and the retailer provide the traveller with the standard information required by law and the following information, if applicable to the package tour, before the traveller is bound by the package tour contract:
1° the main characteristics of the travel services:
a: the destination(s), itinerary and periods of stay, with dates and number of overnight stays included;
b: the means, characteristics and categories of transport, the places and dates and times of departure and return, the duration and place of stopovers and connections; when the exact time is not yet fixed, the traveller is informed of the approximate time of departure and return;
c: the location, main characteristics and category of the accommodation according to the rules of the country of destination;
d: the meals provided;
e: the visits, excursions or other services included in the total price agreed for the package tour;
f: where it is not clear, whether the travel services will be provided to the traveller as part of a group;
g: the language in which the other tourist services will be provided;
h: whether the trip is, in general, adapted for persons with reduced mobility
2° the total price of the package tour and, if applicable, any additional costs that the traveler may still have to bear
3° the terms of payment
4° the minimum number of persons required for the package tour and the deadline for a possible cancellation of the contract in case this number is not reached>
5° general information concerning passport and visa requirements, including the approximate time required to obtain visas, as well as information on health formalities
6° a statement that the traveler may cancel the contract upon payment of a cancellation fee
7° information on cancellation insurance and assistance insurance
2.2 The professional shall ensure that the appropriate standard information form is provided to the traveller.
2.3>Les informations précontractuelles communiquées au voyageur font partie intégrante du contrat de voyage à forfait. Elles ne peuvent pas être modifiées, sauf par accord commun des parties contractantes.
Article 3: Information provided by the traveller(s):
3.1
The person who concludes the package travel contract must provide the organizer and the retailer with all useful information that could influence the conclusion of the contract or the smooth running of the trip.
3.2
If the traveler provides incorrect information that results in additional costs for the organizer and/or retailer, these costs can be charged to him.
Article 4: The package travel contract
4.1
Upon conclusion of the package travel contract or within a reasonable period of time, the organizer or, if there is a retailer, the latter, shall provide the traveler with a copy or confirmation of the contract on a durable medium, such as an e-mail, a paper document or a pdf.
The traveller is entitled to request a paper copy if the package travel contract is concluded in the physical and simultaneous presence of the parties.
4.2
The package travel contract or its confirmation contains the entire content of the agreement, which includes all the information referred to in Article 2 and the following information: 1° the particular requirements of the traveller that the organizer has accepted;
2° that the organizer is responsible for the proper execution of all travel services included in the contract and that he has a duty of assistance
3° the name of the entity in charge of the insolvency protection and its contact details;
4° the name, address, telephone number and e-mail address of the organizer's local representative, or other service through which the traveler can contact the organizer quickly to request
the name, address, telephone number and e-mail address of the local representative of the organizer, or another service through which the traveler can quickly contact the organizer to ask for help if the traveler is in difficulty or to complain about any non-conformity;
5° the obligation for the traveller to communicate any non-conformity that he notices during the execution of the trip
6° information allowing direct contact with an unaccompanied minor or the person responsible for the minor at the place of stay
7° information on the internal procedures for handling complaints
8° information on the Travel Disputes Commission and on the EU online dispute resolution platform
9° information on the traveller's right to transfer his contract to another traveller.
4.3
In good time before the start of the package tour, the organizer provides the traveller with: 1° receipts
2° the necessary vouchers and tickets
3° information on the scheduled departure time and, if applicable, the latest check-in time, the scheduled times of stopovers, connections and arrival.
Article 5: The price
5.1
After the conclusion of the package travel contract, prices may only be increased if the contract expressly provides for this possibility.
In this case, the package travel contract will specify how the price adjustment is calculated.
Price increases are only possible if they are the direct consequence of a change in:
1° the price of passenger transportation 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, airport taxes and other taxes on the use of the services
(2) the level of taxes or charges 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, embarkation and disembarkation taxes at ports and airports, or
3° exchange rates relevant to the package tour.
If the possibility of a surcharge is provided for, the traveller is entitled to a price reduction corresponding to any reduction in the above costs.
5.2
If the price increase exceeds 8% of the total price, the traveller may terminate the contract without paying any termination fees.
5.3
A price increase is only possible if the Tour Operator notifies the traveller of the price increase, with a justification and calculation, in a durable medium, such as an e-mail, a paper document or a pdf file, at the latest twenty days before the start of the package tour.
5.4
In the event of a price reduction, the organizer is entitled to deduct his administrative expenses from the
from the refund due to the traveller. At the request of the traveller, the organizer will provide proof of these expenses.
Article 6: Payment of the price
6.1
Unless expressly agreed otherwise, the traveller pays a fraction of the total price of the trip, as a deposit, at the conclusion of the package tour, as specified in the special travel conditions.
6.2
Unless otherwise agreed, the traveler pays the balance of the price at the latest one month before departure.
6.3
In the event that the traveller, after having been given notice of default, remains in default of payment of the deposit or the price of the trip duly demanded of him, the organizer and/or retailer has the right to terminate the contract binding him to the traveller and to charge the costs to the latter.
Article 7: Assignment of the package travel contract
7.1
The traveller can transfer the package travel contract to a person who meets all the conditions applicable to this contract, provided that he
1° informing the organizer and possibly the retailer via a durable medium such as an e-mail, a paper document or a pdf, as soon as possible and no later than 7 days before the start of the package tour and
2° to bear the possible additional costs caused by this transfer.
7.2
The person who transfers the package tour and the person who takes it back are jointly and severally liable for the payment of the balance of the price as well as for any additional costs incurred as a result of this transfer. The organizer will inform the person transferring the package of the costs of the transfer.
Article 8: Other changes by the traveller
The organizer and/or the retailer can charge the traveller all costs resulting from other changes requested by the traveller and accepted by the organizer and/or the retailer.
Article 9: Changes to the contract by the organizer before the trip
9.1
The organizer may not, before the start of the package tour, unilaterally change the terms of the package tour contract other than the price unless:
1° the organizer has reserved this right in the contract, and 2° the change is minor, and
3° the organizer informs the traveller of this on a durable medium, such as an e-mail, a paper document or a pdf.
9.2
If, before the start of the package tour, the organizer is forced to significantly change one or more of the main characteristics of the travel services or if he cannot meet the traveller's special requirements that are confirmed or if he proposes to increase the price of the package by more than 8%, he informs the traveller
(1) of the proposed changes and their effect on the package price;
(2) that the traveller may cancel the contract without paying cancellation fees, unless he accepts the proposed changes
(3) the time limit within which he must communicate his decision to the organizer
(4) the fact that if the traveller does not expressly accept the proposed change within the period referred to, the contract is automatically terminated, and
(5) if applicable, the proposed alternative and its price.
9.3
If the changes to the package tour contract or the alternative package tour result in a reduction in the quality of the package tour or its cost, the traveler is entitled to an appropriate price reduction.
9.4
If the package tour contract is terminated in accordance with Article 9.2 and the traveller
9.4 If the package tour contract is terminated in accordance with Article 9.2 and the traveller does not accept another package, the organizer will reimburse all payments made no later than fourteen days after the contract is terminated.
Article 10: Cancellation by the organizer before the trip
10.1
The organizer can terminate the package tour contract
1° if the number of persons registered for the package tour is less than the minimum number indicated in the contract and the organizer notifies the traveler of the cancellation of the contract within the period specified in the contract, but at the latest:
twenty days before the start of the package tour in the case of tours lasting more than six days;
seven days before the start of the package tour in the case of tours lasting between two and six days;
48 hours prior to the start of the package tour in the case of tours lasting no more than two days,
or
(2) if he is prevented from performing the contract due to exceptional and unavoidable circumstances and notifies the traveler of the cancellation of the contract before the start of the package tour.
10.2
In such cases, the organizer will reimburse the traveller for the payments made for the package tour, without being obliged to pay any additional compensation.
Article 11: Cancellation by the traveller
11.1
The traveller can terminate the package tour contract at any time before the start of the package tour. If the traveller cancels, he may be required to pay a cancellation fee to the organizer.
The package travel contract may stipulate a standard cancellation fee, calculated according to the date of cancellation of the contract prior to the start of the package travel and the expected cost savings and revenue from the reactivation of the travel services concerned. If there are no standard cancellation charges, the amount of the cancellation charges is the price of the package tour minus the cost savings and income from the provision of the travel services.
11.2
The traveler is entitled to terminate the package tour contract without paying any termination fees, if exceptional and unavoidable circumstances occur at the destination that significantly affect the execution of the package tour or the transportation of passengers to the destination. In case of remboursement intégral des paiements effectués au titre du voyage à forfait mais pas à un dédommagement supplémentaire.
Article 7: Assignment of the package travel contract
7.1
The traveller can transfer the package travel contract to a person who meets all the conditions applicable to this contract, provided that he
1° informing the organizer and possibly the retailer via a durable medium such as an e-mail, a paper document or a pdf, as soon as possible and no later than 7 days before the start of the package tour and
2° to bear the possible additional costs caused by this transfer.
7.2
The person who transfers the package tour and the person who takes it back are jointly and severally liable for the payment of the balance of the price as well as for any additional costs incurred as a result of this transfer. The organizer will inform the person transferring the package of the costs of the transfer.
Article 8: Other changes by the traveller
The organizer and/or the retailer can charge the traveller all costs resulting from other changes requested by the traveller and accepted by the organizer and/or the retailer.
Article 9: Changes to the contract by the organizer before the trip
9.1
The organizer may not, before the start of the package tour, unilaterally change the terms of the package tour contract other than the price unless:
1° the organizer has reserved this right in the contract, and 2° the change is minor, and
3° the organizer informs the traveller of this on a durable medium, such as an e-mail, a paper document or a pdf.
9.2
If, before the start of the package tour, the organizer is forced to significantly change one or more of the main characteristics of the travel services or if he cannot meet the traveller's special requirements that are confirmed or if he proposes to increase the price of the package by more than 8%, he informs the traveller
(1) of the proposed changes and their effect on the package price;
(2) that the traveller may cancel the contract without paying cancellation fees, unless he accepts the proposed changes
(3) the time limit within which he must communicate his decision to the organizer
(4) the fact that if the traveller does not expressly accept the proposed change within the period referred to, the contract is automatically terminated, and
(5) if applicable, the proposed alternative and its price.
9.3
If the changes to the package tour contract or the alternative package tour result in a reduction in the quality of the package tour or its cost, the traveler is entitled to an appropriate price reduction.
9.4
If the package tour contract is terminated in accordance with Article 9.2 and the traveller
9.4 If the package tour contract is terminated in accordance with Article 9.2 and the traveller does not accept another package, the organizer will reimburse all payments made no later than fourteen days after the contract is terminated.
Article 10: Cancellation by the organizer before the trip
10.1
The organizer can terminate the package tour contract
1° if the number of persons registered for the package tour is less than the minimum number indicated in the contract and the organizer notifies the traveler of the cancellation of the contract within the period specified in the contract, but at the latest:
twenty days before the start of the package tour in the case of tours lasting more than six days;
seven days before the start of the package tour in the case of tours lasting between two and six days;
48 hours prior to the start of the package tour in the case of tours lasting no more than two days,
or
(2) if he is prevented from performing the contract due to exceptional and unavoidable circumstances and notifies the traveler of the cancellation of the contract before the start of the package tour.
10.2
In such cases, the organizer will reimburse the traveller for the payments made for the package tour, without being obliged to pay any additional compensation.
Article 11: Cancellation by the traveller
11.1
The traveller can terminate the package tour contract at any time before the start of the package tour. If the traveller cancels, he may be required to pay a cancellation fee to the organizer.
The package travel contract may stipulate a standard cancellation fee, calculated according to the date of cancellation of the contract prior to the start of the package travel and the expected cost savings and revenue from the reactivation of the travel services concerned. If there are no standard cancellation charges, the amount of the cancellation charges is the price of the package tour minus the cost savings and income from the provision of the travel services.
11.2
The traveler is entitled to terminate the package tour contract without paying any termination fees, if exceptional and unavoidable circumstances occur at the destination that significantly affect the execution of the package tour or the transportation of passengers to the destination. In case of
11.2
The traveller has the right to terminate the package tour contract without paying any termination fees, if exceptional and unavoidable circumstances occur at the place of destination which have a significant impact on the execution of the package tour or on the transportation of passengers to the place of destination. In the event of termination of the package tour contract pursuant to this article, the traveler is entitled to a full refund of payments made for the package tour, but not to additional compensation.
The organizer will reimburse all payments made by or on behalf of the traveller within fourteen days, less any cancellation costs.
Article 12: Non-compliance during the trip
12.1
The traveller shall inform the tour operator without delay of any non-conformity found during the performance of a travel service included in the package tour contract.
12.2
If one of the travel services is not performed in accordance with the package travel contract, the organizer shall remedy the non-conformity, unless this
1° is impossible, or
(2) would entail disproportionate costs, taking into account the extent of the non-conformity and the value of the travel services concerned.
If the organizer does not remedy the non-conformity, the traveller 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 of time set by the traveller, the traveller may remedy the non-conformity himself and claim reimbursement of the necessary
expenses. It is not necessary for the traveller to specify a deadline if the organizer refuses to remedy the non-compliance or if an immediate solution is required.
12.4
If a significant part of the travel services cannot be provided as planned, the organizer offers alternative services, if possible of equal or higher quality, at no extra cost to the traveller.
If the alternative services offered result in an inferior package tour, the tour operator will grant the traveler an appropriate price reduction.
The traveller can only refuse the alternative services offered if they are not comparable to what was agreed upon in the package tour contract or if the price reduction granted is not appropriate.
12.5
If a non-conformity significantly disrupts the execution of the package tour and the tour operator does not remedy the non-conformity within a reasonable period of time set by the traveller, the traveller may terminate the package tour contract without paying any termination fees and, if applicable, request a price reduction and/or compensation.
If the package tour includes the transportation of passengers, the organizer also provides the traveler with repatriation.
If it is not possible to offer other services or if the traveller refuses the other services offered, the traveller is entitled to a price reduction and/or compensation, if applicable, even without cancellation of the package tour contract.
12.6
If, due to exceptional and unavoidable circumstances, it is not possible to ensure the return of the traveller as provided for in the package tour contract, the Tour Operator shall bear the costs of the necessary accommodation for a maximum of three nights per traveller.
The limitation of costs referred to in 12.6 does not apply to persons with reduced mobility, accompanying persons, pregnant women, unaccompanied minors or persons requiring special medical assistance, provided that the organizer has been notified of their special needs at least 48 hours before the start of the package tour.
12.7
The organizer cannot invoke exceptional and unavoidable circumstances to limit his liability if the transport provider concerned cannot invoke such circumstances under the applicable European Union legislation.
12.9
The traveller may address messages, requests or complaints in connection with the execution of the package tour directly to the retailer through whom the package tour was purchased. The retailer will forward these messages, requests or complaints to the organizer without undue delay.
Article 13: Liability of the traveller
The traveller is liable for the damage caused to the tour operator and/or the travel intermediary, their employees and/or their representatives, through his fault or as a result of the non-performance of his contractual obligations.
Article 14: Liability of the organizer or the professional
14.1
The organizer is responsible for the performance of the travel services included in the package tour contract, regardless of whether these services are to be performed by himself or by other travel service providers.
14.2
If the organizer is established outside the European Economic Area, the
Le voyageur n’a droit à aucun dédommagement si l’organisateur prouve que la non-conformité est due:
1° au voyageur;
2° à un tiers étranger à la fourniture des services de voyage compris dans le contrat de voyage à forfait et que cette non-conformité revêt un caractère imprévisible ou inévitable, ou
3° à des circonstances exceptionnelles et inévitables
Article 15: Price reduction and compensation
15.1
The traveller is entitled to an appropriate price reduction for any period of non-compliance of the services provided, unless the organizer proves that the non-compliance is attributable to the traveller.
15.2
The traveller is entitled to appropriate compensation from the organizer for any damage suffered as a result of the non-conformity of the services provided. The compensation shall be made without undue delay.
15.3
The traveller is not entitled to any compensation if the organizer proves that the non-conformity is due to:
1° the traveller
2° to a third party not involved in the provision of the travel services included in the package travel contract and that this non-compliance is unforeseeable or unavoidable, or
3° to exceptional and unavoidable circumstances
Article 15: Price reduction and compensation
15.1
The traveller is entitled to an appropriate price reduction for any period of non-compliance of the services provided, unless the organizer proves that the non-compliance is attributable to the traveller.
15.2
The traveller is entitled to appropriate compensation from the organizer for any damage suffered as a result of the non-conformity of the services provided. The compensation shall be made without undue delay.
15.3
The traveller is not entitled to any compensation if the organizer proves that the non-conformity is due to:
1° the traveller
2° to a third party not involved in the provision of the travel services included in the package travel contract and that this non-compliance is unforeseeable or unavoidable, or
3° to exceptional and unavoidable circumstances
Article 16: Duty of care
16.1
The organizer provides appropriate assistance to the traveler in difficulty without undue delay, in particular
1° by providing useful information on health services, local authorities and consular assistance
2° by helping the traveller to make remote communications and to find other travel services.
16.2
The organizer is entitled to charge for this assistance if this difficulty is caused intentionally by the traveller or by his negligence. The price charged shall in no case exceed the actual costs incurred by the organizer.
Article 17: Complaints procedure
17.1
If the traveler has a complaint before departure, he must submit it as soon as possible and in a conclusive manner to the organizer or the retailer.
17.2
Complaints that arise during the execution of the package tour contract must be submitted as quickly as possible on site in an appropriate and evidentiary manner, so that a solution can be sought.
17.3
Complaints that were not satisfactorily resolved on site or that could not be resolved on site must be submitted to the organizer or retailer without delay after the end of the trip in a manner that can be used as evidence.
Article 18: Conciliation procedure
18.1
In the event of a dispute, the parties must first try to reach an amicable agreement between themselves.
18.2
If this attempt at amicable settlement is not successful, each of the parties concerned may apply to the secretariat of the Travel Disputes Commission asbl to initiate a conciliation procedure. All parties must agree.
18.3
The Secretariat shall provide the parties with a set of conciliation rules and a "Conciliation Agreement".
18.4
In accordance with the procedure set out in the Rules, an impartial conciliator shall contact the parties to pursue a fair conciliation between them.
18.5
Any agreement reached shall be recorded in a binding agreement between the parties.
Article 19: Arbitration or Tribunal
19.1
If no conciliation procedure has been initiated or if it has failed, the complaining party may initiate arbitration proceedings before the Travel Disputes Commission or proceedings before the court.
19.2
The traveller, whether plaintiff or defendant, is never obliged to accept the jurisdiction of the Travel Disputes Board.
19.3
The organiser or retailer who is the defendant can only refuse an arbitration procedure
arbitration proceedings only if the amounts claimed exceed 2,500 Euros. He shall have a period of 10 calendar days from the date of receipt of the registered letter or e-mail with acknowledgement of receipt informing the Travel Disputes Commission of the opening of a file for an amount of 2,501 euros or more.
19.4
This arbitration procedure is subject to dispute settlement and can 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.
19.5
The arbitration board, which is composed of equal numbers of members, makes a binding and final award in accordance with the rules of dispute. No appeal is possible.