General terms and conditions of travel/stay
General terms and conditions of travel/stay
These General Terms and Conditions of Sale have been effective since they were put online on the site www.europaventure.be in its new version, i.e. on 14 January 2021.
Identity
Europ’Aventure
Jean-François Lambert
Place du Fays 11
B-6870 Saint-Hubert
Telephone: +32(0)479 24 51 80
Company number: BE 0427 613 414
VAT identification number : BE 0427 613 414
Bank account: BE28 3601 1301 6120
For any request for information concerning the products and trips listed on this site or concerning your order of products, Europ’Aventure can be reached at +32(0)479 24 51 80, also by e-mail at [email protected].
Europ’Aventure is insured with MS AMLIN.
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 by the organizer prior to the conclusion of the package travel contract
2.1
Both the organiser and the retailer shall provide the traveller, before he is bound by a package travel contract, with the legally prescribed standard information as well as the information mentioned below if it applies to the package tour :
1° the main characteristics of travel services :
- Destination(s), itinerary and periods of stay, including dates and number of nights;
- The means, characteristics and categories of transport, the places and dates and times of departure and return, the duration and location of stopovers and connections; when the exact time has not yet been fixed, the passenger is informed of the approximate time of departure and return ;
- The situation, main characteristics and category of accommodation under the rules of the country of destination ;
- Meals provided;
- Visits, excursions or other services included in the total price agreed for the package tour ;
- Where it is not clear whether the travel services will be provided to the traveller as a member of a group ;
- The language in which other tourist services will be provided;
- If the journey is, in general, suitable for persons with reduced mobility
2° the total price of the package tour and, if applicable, any additional costs that the traveller may still have to bear ;
(3) the methods 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 the conditions applicable to passports and visas, including the approximate time required to obtain visas, as well as information on health formalities ;
(6) a statement that the traveller may cancel the contract on payment of cancellation costs ;
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
The pre-contractual information given to the traveller is an integral part of the package travel contract. They may not be amended except by common agreement of the Contracting Parties.
Article 3: Information from the traveller
3.1
The person concluding the package travel contract must provide the organiser and the retailer with all useful information which could influence the conclusion of the contract or the smooth running of the trip.
3.2
If the traveller provides incorrect information which results in additional costs for the organiser and/or retailer, these costs may be charged to the traveller.
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 retailer, shall provide the traveller with a copy or confirmation of the contract on a durable medium, such as an e-mail, paper document or 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 shall contain the entire content of the agreement, which shall include all the information referred to in Article 2 and the following information :
1° the particular requirements of the traveller that the organiser has accepted ;
2° that the organiser 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 insolvency protection and its contact details ;
4° the name, address, telephone number and e-mail address of the organiser’s local representative, or of another service through which the traveller can quickly contact the organiser to request assistance if the traveller is in difficulty or to complain about any non-conformity ;
5° the obligation for the traveller to communicate any non-conformity that he finds during the journey;
6° information enabling direct contact to be established with an unaccompanied minor or the person responsible for the minor at the place of stay ;
7° information on internal procedures for handling complaints;
8° information on the Travel Complaints Commission and the EU’s 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 shall give the traveller :
(1) receipts,
2° the necessary vouchers and tickets,
(3) information on the scheduled time of departure and, where 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 shall specify how the price revision is calculated. Price increases are only possible if they are the direct consequence of a change in the price:
(1) the price of passenger transportation resulting from the cost of fuel or other energy sources, or
2° the level of taxes or charges on the 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 in relation to the package tour.
If the possibility of an increase is provided for, the traveller shall be entitled to a price reduction corresponding to any reduction in the costs referred to above.
5.2
If the price increase exceeds 8% of the total price, the traveller may cancel the contract without paying cancellation fees.
5.3
An increase in the price is only possible if the organiser notifies this with a justification and a calculation, on a durable medium, such as an e-mail, paper document or pdf, at the latest 20 days before the start of the package tour.
5.4
In the event of a reduction in the price, the organizer is entitled to deduct his administrative expenses from the reimbursement due to the traveller. At the request of the traveller, the organiser shall provide proof of these expenses.
Article 6: Payment of the price
6.1
Unless expressly agreed otherwise, the traveller shall pay, as a deposit, at the conclusion of the package tour, a fraction of the total price of the tour fixed in the special travel conditions.
6.2
Unless otherwise agreed, the traveller shall pay the balance of the price at the latest one month before departure.
6.3
Should the traveller, after having been given formal notice, fail to pay the deposit or the price of the trip duly claimed from him, the organiser and/or retailer shall be entitled to automatically terminate the contract between him and the traveller and to charge the costs to the traveller.
Article 7: Assignment of the package travel contract
7.1
The traveller may assign the package travel contract to a person who satisfies all the conditions applicable to that contract, provided that :
1° to inform the organiser and possibly the retailer via a durable medium, such as an e-mail, paper document or pdf, as soon as possible and no later than 7 days before the start of the package tour, and
2° to bear any additional costs incurred by this transfer.
7.2
The person who assigns the package tour and the person who takes it back shall be jointly and severally liable for the payment of the balance of the price and any additional costs incurred in connection with the assignment. The organizer shall inform the transferor of the costs of the transfer.
Article 8: Other modifications by the traveller
The organiser and/or retailer may charge the traveller for all costs resulting from other changes requested by the traveller and accepted by the organiser and/or retailer.
Article 9: Amendments to the contract by the organizer before the trip
9.1
The organiser may not unilaterally alter the terms of the package travel contract other than the price before the package tour begins unless :
1° the organiser has not reserved this right in the contract, and
(2) the amendment is minor, and
3° the organiser only informs the traveller of this in a durable medium, such as an e-mail, a paper document or a pdf.
For Europ’Aventure, the organizer reserves the right to change accommodation in case of force majeure (unannounced closure, access problems, …). He will always inform the client in writing and will take care to minimize the impact on the price of the stay.
9.2
If, before the start of the package tour, the organiser is obliged to alter significantly one or more of the main characteristics of the travel services, or if he cannot meet the particular requirements of the traveller which are confirmed, or if he proposes to increase the price of the package by more than 8%, he shall inform the traveller :
(1) the proposed amendments and their repercussions on the price of the package ;
2° the fact that the traveller may terminate the contract without paying termination fees, unless he accepts the proposed changes ;
3° the time limit within which he must communicate his decision to the organiser;
(4) the fact that if the traveller has not expressly accepted the proposed change within the time limit, the contract is automatically terminated, and
(5) if applicable, the proposed alternative and its price.
9.3
Where changes to the package travel contract or the substitute package tour result in a reduction in the quality of the package tour or its cost, the traveller shall be entitled to an appropriate price reduction.
9.4
If the package travel contract is terminated in accordance with Article 9.2 and the traveller does not accept another package, the organizer shall refund all payments made no later than fourteen days after termination of the contract.
Article 10: Cancellation by the organizer before the trip.
10.1
The organizer may 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 traveller of the cancellation of the contract within the period specified in the contract, but at the latest :
- (a) 20 days before the beginning of the package tour in the case of journeys lasting more than six days;
- (b) seven days before the beginning of the package tour in the case of a tour of a duration of between two and six days ;
- (c) 48 hours before the start of the package tour in the case of tours lasting not more than two days,
Or
2° if he is prevented from fulfilling the contract due to exceptional and unavoidable circumstances and notifies the traveller of the cancellation of the contract before the start of the package tour.
10.2
In such cases the organizer shall reimburse the traveller for the payments made for the package tour, without being liable to pay additional compensation.
Article 11: Cancellation by the traveller
11.1
The traveller may 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 the organiser a cancellation fee.
The package travel contract may stipulate a standard cancellation fee, calculated on the basis of the date of termination of the contract prior to the start of the package tour and the expected cost savings and income resulting from the provision of the travel services concerned.
In the absence of a standard cancellation fee, the amount of the cancellation fee shall be the price of the package tour minus the cost savings and revenue generated by making the travel services available again.
If you find yourself obliged to cancel your trip before its commencement (departure date), you must inform Europ’Aventure and the insurer by any written means that allows you to obtain an acknowledgement of receipt, as soon as the event giving rise to this cancellation occurs. The date of issue of the written document will be used as the cancellation date for the invoicing of the cancellation fee. Based on the documents you provide, the insurance company will determine the date of the event that caused you to cancel the trip in order to reimburse you for the cancellation costs. The insurance premium, visa and passport fees are not refundable by Europ’Aventure or the insurer.
In case of cancellation of your trip, the following cancellation/resolution fees will be charged:
1) more than 31 days before departure: 30% of the amount of the trip.
2) between 30 days and 14 days before departure: 70% of the amount of the trip.
3) between 13 days and the day of departure: 90% of the amount of the trip.
In case of cancellation by the person with whom you were to share the room, the single room supplement will be charged. When several travellers are registered on the same registration form and one of them cancels his trip, the cancellation fees are deducted from the sums collected by Europ’Aventure, regardless of who made the payment. In case of cancellation, for any reason whatsoever, the costs outside the trip subscribed to Europ’Aventure and incurred by the traveller(s) such as transport costs to the place of departure of the trip and return home, costs of obtaining visas, travel documents, vaccination costs, will not be reimbursed.
11.2
The traveller has the right to cancel the package travel contract without paying cancellation fees if exceptional and unavoidable circumstances at the place of destination have a significant impact on the performance of the package tour or on the transport of passengers to the place of destination. In the event of cancellation of the package travel contract under this Article, the traveller shall be entitled to a full refund of the payments made in respect of the package travel, but not to any additional compensation.
11.3
The Tour Operator shall reimburse all payments made by or on behalf of the traveller within 14 days, less any cancellation costs, if applicable.
Article 12: Non-compliance during the journey
12.1
The traveller shall inform the organizer without delay of any non-conformity found 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 conformity with the package travel contract, the organizer shall remedy the non-conformity, unless this is not the case:
1° is impossible, or
(2) involves disproportionate costs, taking into account the importance of the non-compliance and the value of the travel services concerned.
If the organizer does not remedy the non-compliance, 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-compliance within a reasonable period of time set by the traveller, the traveller may remedy the non-compliance himself and claim reimbursement of the necessary expenses. It is not necessary for the traveller to specify a time limit if the organiser refuses to remedy the non-compliance or if an immediate solution is required.
12.4
Where a significant part of the travel services cannot be provided as planned, the organizer shall offer, without any additional charge to the traveller, other services, if possible of equal or higher quality.
Where the other services offered result in a package tour of inferior quality, the organiser shall grant the traveller an appropriate price reduction.
The traveller may only refuse the other services offered if they are not comparable to those provided for in the package travel contract or if the price reduction granted is not appropriate.
12.5
If a non-conformity significantly disrupts the performance of the package tour and the organizer does not remedy it within a reasonable period set by the traveller, the traveller may cancel the package tour contract without paying any cancellation fee and, if applicable, request a price reduction and/or compensation.
If the package tour includes the transport of passengers, the organiser also provides the traveller with repatriation.
If it proves impossible to offer other services or if the traveller refuses the other services offered, the traveller shall be entitled to a price reduction and/or compensation, if applicable, also without withdrawing from the package travel contract.
12.6
Where it is impossible, due to exceptional and unavoidable circumstances, to ensure the return of the traveller as provided for in the package travel contract, the organizer shall bear the costs of the necessary accommodation for a maximum of three nights per traveller.
12.7
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 organiser has been notified of their special needs at least 48 hours before the start of the package tour.
12.8
The organiser may not invoke exceptional and unavoidable circumstances to limit his liability if the transport provider concerned cannot rely on such circumstances under the applicable European Union legislation.
12.9
The traveller may address messages, requests or complaints relating to the execution of the package tour directly to the retailer through whom the package tour was purchased. The retailer shall forward these messages, requests or complaints to the organizer without undue delay.
Article 13: Traveller’s liability
The traveller shall be liable for any damage caused to the tour operator and/or tour operator intermediary, their employees and/or their representatives through his fault or as a result of the non-fulfilment 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 travel contract, irrespective of whether these services are to be performed by himself or by other suppliers of travel services.
14.2
Where the organiser is established outside the European Economic Area, a retailer established in a Member State is subject to the obligations imposed on organisers unless he provides proof that the organiser fulfils the conditions stipulated in the Law of 21 November 2017.
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 organiser for any damage suffered as a result of the non-conformity of the services provided. Compensation shall be made without undue delay.
15.3
The traveller is not entitled to any compensation if the organiser proves that the non-compliance is due:
1° to the traveller;
2° to a third party who is not involved in the supply of the travel services included in the package travel contract and such non-compliance is unforeseeable or unavoidable, or
(3) exceptional and unavoidable circumstances
Article 16: Duty to assist
16.1
The organiser shall provide appropriate assistance without undue delay, particularly to travellers in difficulty:
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 Tour Operator is entitled to charge for this assistance if the difficulty is caused intentionally by the traveller or by his negligence. The price invoiced shall in no case exceed the actual costs incurred by the organiser.
Article 17: Complaints procedure
17.1
If the traveller has a complaint before departure, he must submit it as soon as possible and in a convincing manner to the organiser or retailer.
17.2
Complaints that arise during the execution of the package travel contract must be brought as soon as possible on the spot, in an appropriate and evidentiary manner, so that a solution can be sought.
17.3
Complaints which were not satisfactorily resolved on the spot or which could not be made on the spot must be submitted without delay after the end of the trip to the organiser or retailer in a manner which can serve as proof.
Article 18: Conciliation procedure
18.1
In the event of a dispute, the parties must first try to find an amicable settlement between themselves.
18.2
If this attempt at an amicable settlement is unsuccessful, each of the parties concerned may contact the secretariat of the Commission de Litiges Voyages vzw to initiate conciliation proceedings. All parties must agree.
18.3
The Secretariat will provide the parties with a set of rules of conciliation and a “Conciliation Agreement”.
18.4
In accordance with the procedure described in the Rules, an impartial conciliator will contact the parties to pursue a fair conciliation between them.
18.5
Any agreement reached will be recorded in a binding agreement between the parties.
Article 19: Arbitration or Court
19.1
If no conciliation procedure has been initiated or if it has failed, the plaintiff may initiate arbitration proceedings before the Travel Disputes Commission or proceedings before the court.
19.2
The traveller, whether as plaintiff or defendant, is never obliged to accept the jurisdiction of the Travel Litigation Commission.
19.3
The organiser or retailer who is the defendant may only refuse arbitration proceedings if the amounts claimed exceed 1,250 euros. He has a period of 10 calendar days from the date of receipt of the registered letter or e-mail with acknowledgement of receipt informing him of the opening of a file amounting to EUR 1,251 or more at the Travel Disputes Commission.
19.4
This arbitration procedure is subject to a 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 that gave rise to the dispute). Disputes concerning personal injury can only be settled by the courts.
19.5
The arbitral board, composed of equal numbers of arbitrators, shall render a binding and final award in accordance with the dispute settlement procedure. No calls are possible.
General terms and conditions of travel/stay
These General Terms and Conditions of Sale have been effective since they were put online on the site www.europaventure.be in its new version, i.e. on 14 January 2021.
Identity
Europ’Aventure
Jean-François Lambert
Place du Fays 11
B-6870 Saint-Hubert
Telephone: +32(0)479 24 51 80
Company number: BE 0427 613 414
VAT identification number : BE 0427 613 414
Bank account: BE28 3601 1301 6120
For any request for information concerning the products and trips listed on this site or concerning your order of products, Europ’Aventure can be reached at +32(0)479 24 51 80, also by e-mail at [email protected].
Europ’Aventure is insured with MS AMLIN.
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 by the organizer prior to the conclusion of the package travel contract
2.1
Both the organiser and the retailer shall provide the traveller, before he is bound by a package travel contract, with the legally prescribed standard information as well as the information mentioned below if it applies to the package tour :
1° the main characteristics of travel services :
- Destination(s), itinerary and periods of stay, including dates and number of nights;
- The means, characteristics and categories of transport, the places and dates and times of departure and return, the duration and location of stopovers and connections; when the exact time has not yet been fixed, the passenger is informed of the approximate time of departure and return ;
- The situation, main characteristics and category of accommodation under the rules of the country of destination ;
- Meals provided;
- Visits, excursions or other services included in the total price agreed for the package tour ;
- Where it is not clear whether the travel services will be provided to the traveller as a member of a group ;
- The language in which other tourist services will be provided;
- If the journey is, in general, suitable for persons with reduced mobility
2° the total price of the package tour and, if applicable, any additional costs that the traveller may still have to bear ;
(3) the methods 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 the conditions applicable to passports and visas, including the approximate time required to obtain visas, as well as information on health formalities ;
(6) a statement that the traveller may cancel the contract on payment of cancellation costs ;
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
The pre-contractual information given to the traveller is an integral part of the package travel contract. They may not be amended except by common agreement of the Contracting Parties.
Article 3: Information from the traveller
3.1
The person concluding the package travel contract must provide the organiser and the retailer with all useful information which could influence the conclusion of the contract or the smooth running of the trip.
3.2
If the traveller provides incorrect information which results in additional costs for the organiser and/or retailer, these costs may be charged to the traveller.
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 retailer, shall provide the traveller with a copy or confirmation of the contract on a durable medium, such as an e-mail, paper document or 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 shall contain the entire content of the agreement, which shall include all the information referred to in Article 2 and the following information :
1° the particular requirements of the traveller that the organiser has accepted ;
2° that the organiser 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 insolvency protection and its contact details ;
4° the name, address, telephone number and e-mail address of the organiser’s local representative, or of another service through which the traveller can quickly contact the organiser to request assistance if the traveller is in difficulty or to complain about any non-conformity ;
5° the obligation for the traveller to communicate any non-conformity that he finds during the journey;
6° information enabling direct contact to be established with an unaccompanied minor or the person responsible for the minor at the place of stay ;
7° information on internal procedures for handling complaints;
8° information on the Travel Complaints Commission and the EU’s 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 shall give the traveller :
(1) receipts,
2° the necessary vouchers and tickets,
(3) information on the scheduled time of departure and, where 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 shall specify how the price revision is calculated. Price increases are only possible if they are the direct consequence of a change in the price:
(1) the price of passenger transportation resulting from the cost of fuel or other energy sources, or
2° the level of taxes or charges on the 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 in relation to the package tour.
If the possibility of an increase is provided for, the traveller shall be entitled to a price reduction corresponding to any reduction in the costs referred to above.
5.2
If the price increase exceeds 8% of the total price, the traveller may cancel the contract without paying cancellation fees.
5.3
An increase in the price is only possible if the organiser notifies this with a justification and a calculation, on a durable medium, such as an e-mail, paper document or pdf, at the latest 20 days before the start of the package tour.
5.4
In the event of a reduction in the price, the organizer is entitled to deduct his administrative expenses from the reimbursement due to the traveller. At the request of the traveller, the organiser shall provide proof of these expenses.
Article 6: Payment of the price
6.1
Unless expressly agreed otherwise, the traveller shall pay, as a deposit, at the conclusion of the package tour, a fraction of the total price of the tour fixed in the special travel conditions.
6.2
Unless otherwise agreed, the traveller shall pay the balance of the price at the latest one month before departure.
6.3
Should the traveller, after having been given formal notice, fail to pay the deposit or the price of the trip duly claimed from him, the organiser and/or retailer shall be entitled to automatically terminate the contract between him and the traveller and to charge the costs to the traveller.
Article 7: Assignment of the package travel contract
7.1
The traveller may assign the package travel contract to a person who satisfies all the conditions applicable to that contract, provided that :
1° to inform the organiser and possibly the retailer via a durable medium, such as an e-mail, paper document or pdf, as soon as possible and no later than 7 days before the start of the package tour, and
2° to bear any additional costs incurred by this transfer.
7.2
The person who assigns the package tour and the person who takes it back shall be jointly and severally liable for the payment of the balance of the price and any additional costs incurred in connection with the assignment. The organizer shall inform the transferor of the costs of the transfer.
Article 8: Other modifications by the traveller
The organiser and/or retailer may charge the traveller for all costs resulting from other changes requested by the traveller and accepted by the organiser and/or retailer.
Article 9: Amendments to the contract by the organizer before the trip
9.1
The organiser may not unilaterally alter the terms of the package travel contract other than the price before the package tour begins unless :
1° the organiser has not reserved this right in the contract, and
(2) the amendment is minor, and
3° the organiser only informs the traveller of this in a durable medium, such as an e-mail, a paper document or a pdf.
For Europ’Aventure, the organizer reserves the right to change accommodation in case of force majeure (unannounced closure, access problems, …). He will always inform the client in writing and will take care to minimize the impact on the price of the stay.
9.2
If, before the start of the package tour, the organiser is obliged to alter significantly one or more of the main characteristics of the travel services, or if he cannot meet the particular requirements of the traveller which are confirmed, or if he proposes to increase the price of the package by more than 8%, he shall inform the traveller :
(1) the proposed amendments and their repercussions on the price of the package ;
2° the fact that the traveller may terminate the contract without paying termination fees, unless he accepts the proposed changes ;
3° the time limit within which he must communicate his decision to the organiser;
(4) the fact that if the traveller has not expressly accepted the proposed change within the time limit, the contract is automatically terminated, and
(5) if applicable, the proposed alternative and its price.
9.3
Where changes to the package travel contract or the substitute package tour result in a reduction in the quality of the package tour or its cost, the traveller shall be entitled to an appropriate price reduction.
9.4
If the package travel contract is terminated in accordance with Article 9.2 and the traveller does not accept another package, the organizer shall refund all payments made no later than fourteen days after termination of the contract.
Article 10: Cancellation by the organizer before the trip.
10.1
The organizer may 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 traveller of the cancellation of the contract within the period specified in the contract, but at the latest :
- (a) 20 days before the beginning of the package tour in the case of journeys lasting more than six days;
- (b) seven days before the beginning of the package tour in the case of a tour of a duration of between two and six days ;
- (c) 48 hours before the start of the package tour in the case of tours lasting not more than two days,
Or
2° if he is prevented from fulfilling the contract due to exceptional and unavoidable circumstances and notifies the traveller of the cancellation of the contract before the start of the package tour.
10.2
In such cases the organizer shall reimburse the traveller for the payments made for the package tour, without being liable to pay additional compensation.
Article 11: Cancellation by the traveller
11.1
The traveller may 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 the organiser a cancellation fee.
The package travel contract may stipulate a standard cancellation fee, calculated on the basis of the date of termination of the contract prior to the start of the package tour and the expected cost savings and income resulting from the provision of the travel services concerned.
In the absence of a standard cancellation fee, the amount of the cancellation fee shall be the price of the package tour minus the cost savings and revenue generated by making the travel services available again.
If you find yourself obliged to cancel your trip before its commencement (departure date), you must inform Europ’Aventure and the insurer by any written means that allows you to obtain an acknowledgement of receipt, as soon as the event giving rise to this cancellation occurs. The date of issue of the written document will be used as the cancellation date for the invoicing of the cancellation fee. Based on the documents you provide, the insurance company will determine the date of the event that caused you to cancel the trip in order to reimburse you for the cancellation costs. The insurance premium, visa and passport fees are not refundable by Europ’Aventure or the insurer.
In case of cancellation of your trip, the following cancellation/resolution fees will be charged:
1) more than 31 days before departure: 30% of the amount of the trip.
2) between 30 days and 14 days before departure: 70% of the amount of the trip.
3) between 13 days and the day of departure: 90% of the amount of the trip.
In case of cancellation by the person with whom you were to share the room, the single room supplement will be charged. When several travellers are registered on the same registration form and one of them cancels his trip, the cancellation fees are deducted from the sums collected by Europ’Aventure, regardless of who made the payment. In case of cancellation, for any reason whatsoever, the costs outside the trip subscribed to Europ’Aventure and incurred by the traveller(s) such as transport costs to the place of departure of the trip and return home, costs of obtaining visas, travel documents, vaccination costs, will not be reimbursed.
11.2
The traveller has the right to cancel the package travel contract without paying cancellation fees if exceptional and unavoidable circumstances at the place of destination have a significant impact on the performance of the package tour or on the transport of passengers to the place of destination. In the event of cancellation of the package travel contract under this Article, the traveller shall be entitled to a full refund of the payments made in respect of the package travel, but not to any additional compensation.
11.3
The Tour Operator shall reimburse all payments made by or on behalf of the traveller within 14 days, less any cancellation costs, if applicable.
Article 12: Non-compliance during the journey
12.1
The traveller shall inform the organizer without delay of any non-conformity found 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 conformity with the package travel contract, the organizer shall remedy the non-conformity, unless this is not the case:
1° is impossible, or
(2) involves disproportionate costs, taking into account the importance of the non-compliance and the value of the travel services concerned.
If the organizer does not remedy the non-compliance, 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-compliance within a reasonable period of time set by the traveller, the traveller may remedy the non-compliance himself and claim reimbursement of the necessary expenses. It is not necessary for the traveller to specify a time limit if the organiser refuses to remedy the non-compliance or if an immediate solution is required.
12.4
Where a significant part of the travel services cannot be provided as planned, the organizer shall offer, without any additional charge to the traveller, other services, if possible of equal or higher quality.
Where the other services offered result in a package tour of inferior quality, the organiser shall grant the traveller an appropriate price reduction.
The traveller may only refuse the other services offered if they are not comparable to those provided for in the package travel contract or if the price reduction granted is not appropriate.
12.5
If a non-conformity significantly disrupts the performance of the package tour and the organizer does not remedy it within a reasonable period set by the traveller, the traveller may cancel the package tour contract without paying any cancellation fee and, if applicable, request a price reduction and/or compensation.
If the package tour includes the transport of passengers, the organiser also provides the traveller with repatriation.
If it proves impossible to offer other services or if the traveller refuses the other services offered, the traveller shall be entitled to a price reduction and/or compensation, if applicable, also without withdrawing from the package travel contract.
12.6
Where it is impossible, due to exceptional and unavoidable circumstances, to ensure the return of the traveller as provided for in the package travel contract, the organizer shall bear the costs of the necessary accommodation for a maximum of three nights per traveller.
12.7
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 organiser has been notified of their special needs at least 48 hours before the start of the package tour.
12.8
The organiser may not invoke exceptional and unavoidable circumstances to limit his liability if the transport provider concerned cannot rely on such circumstances under the applicable European Union legislation.
12.9
The traveller may address messages, requests or complaints relating to the execution of the package tour directly to the retailer through whom the package tour was purchased. The retailer shall forward these messages, requests or complaints to the organizer without undue delay.
Article 13: Traveller’s liability
The traveller shall be liable for any damage caused to the tour operator and/or tour operator intermediary, their employees and/or their representatives through his fault or as a result of the non-fulfilment 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 travel contract, irrespective of whether these services are to be performed by himself or by other suppliers of travel services.
14.2
Where the organiser is established outside the European Economic Area, a retailer established in a Member State is subject to the obligations imposed on organisers unless he provides proof that the organiser fulfils the conditions stipulated in the Law of 21 November 2017.
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 organiser for any damage suffered as a result of the non-conformity of the services provided. Compensation shall be made without undue delay.
15.3
The traveller is not entitled to any compensation if the organiser proves that the non-compliance is due:
1° to the traveller;
2° to a third party who is not involved in the supply of the travel services included in the package travel contract and such non-compliance is unforeseeable or unavoidable, or
(3) exceptional and unavoidable circumstances
Article 16: Duty to assist
16.1
The organiser shall provide appropriate assistance without undue delay, particularly to travellers in difficulty:
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 Tour Operator is entitled to charge for this assistance if the difficulty is caused intentionally by the traveller or by his negligence. The price invoiced shall in no case exceed the actual costs incurred by the organiser.
Article 17: Complaints procedure
17.1
If the traveller has a complaint before departure, he must submit it as soon as possible and in a convincing manner to the organiser or retailer.
17.2
Complaints that arise during the execution of the package travel contract must be brought as soon as possible on the spot, in an appropriate and evidentiary manner, so that a solution can be sought.
17.3
Complaints which were not satisfactorily resolved on the spot or which could not be made on the spot must be submitted without delay after the end of the trip to the organiser or retailer in a manner which can serve as proof.
Article 18: Conciliation procedure
18.1
In the event of a dispute, the parties must first try to find an amicable settlement between themselves.
18.2
If this attempt at an amicable settlement is unsuccessful, each of the parties concerned may contact the secretariat of the Commission de Litiges Voyages vzw to initiate conciliation proceedings. All parties must agree.
18.3
The Secretariat will provide the parties with a set of rules of conciliation and a “Conciliation Agreement”.
18.4
In accordance with the procedure described in the Rules, an impartial conciliator will contact the parties to pursue a fair conciliation between them.
18.5
Any agreement reached will be recorded in a binding agreement between the parties.
Article 19: Arbitration or Court
19.1
If no conciliation procedure has been initiated or if it has failed, the plaintiff may initiate arbitration proceedings before the Travel Disputes Commission or proceedings before the court.
19.2
The traveller, whether as plaintiff or defendant, is never obliged to accept the jurisdiction of the Travel Litigation Commission.
19.3
The organiser or retailer who is the defendant may only refuse arbitration proceedings if the amounts claimed exceed 1,250 euros. He has a period of 10 calendar days from the date of receipt of the registered letter or e-mail with acknowledgement of receipt informing him of the opening of a file amounting to EUR 1,251 or more at the Travel Disputes Commission.
19.4
This arbitration procedure is subject to a 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 that gave rise to the dispute). Disputes concerning personal injury can only be settled by the courts.
19.5
The arbitral board, composed of equal numbers of arbitrators, shall render a binding and final award in accordance with the dispute settlement procedure. No calls are possible.
