ARTICLE 1 SCOPE OF APPLICATION

These General Terms & Conditions apply to tour operator and travel agency contracts, as defined by the Belgian Act of 16 February 1994 governing the tour operator and travel agency contracts.

 

ARTICLE 2 PROMOTION

1. The particulars contained in the travel brochure are binding on Reizen Lauwers or the travel agent responsible for publishing the brochure, unless:

a) changes applied to these data are clearly notified to the traveller in writing before the conclusion of the contract; the brochure must state this clearly.

b) changes occur at a later date following a written agreement between the parties to the contract.

2. Lauwers Reizen or the travel agent may withdraw all or part of its travel promotion for a definite or indefinite period.Special Terms & Conditions of Travel:The offers in the brochure shall be valid as long as there are availabilities.

 

ARTICLE 3 INFORMATION FROM REIZEN LAUWERS AND THE TRAVEL AGENT

Reizen Lauwers and/or the travel agent are obliged:

1. to inform passengers – prior to conclusion of the travel agency and organisation contracts –  about:

a) the general information on passports and visas and the healthcare formalities required for travel and stay, as to allow the traveller to secure the necessary documents.Travellers of non-Belgian nationality should obtain information from the competent embassy/embassies or consulate(s) regarding the administrative formalities they have to fulfil.

b) information about the conclusion and the content of a cancellation insurance and/or travel assistance insurance.

c) the General and Special Terms & Conditions applicable to the contracts.

2. the following written information, which must be provided to travellers 7 calendar days before the departure date at the latest:

a) timetables, intermediate stops and connections as well as, if possible, the seat number to be occupied by the traveller;

b) the name, address, telephone number, fax number and/or e-mail address of either; the tour operator's local representative and/or Reizen Lauwers; or the local authorities who can assist the traveller in difficulties; or directly through either the travel agent or Reizen Lauwers.

c) For travels and stays of minors abroad, information making direct contact possible with the child or with the person responsible for the child at the place of stay.The period of 7 calendar days stated above is not applicable if the contract is entered into at a late date.Special Terms & Conditions of Travel:Unaccompanied children under the age of 18 shall be in the possession of a duly signed parental or guardian consent form, which can be obtained at the local authority services (= place of residence of person giving his consent).

 

ARTICLE 4 INFORMATION FROM THE TRAVELLER

The traveller must provide Reizen Lauwers and/or the travel agent with all useful information that he is explicitly asked to provide or which may reasonably influence the smooth progress of the trip.If the traveller provides incorrect information and this leads to additional costs for Reizen Lauwers and/ or the travel agent, these costs may be charged.

 

ARTICLE 5 ESTABLISHMENT OF THE CONTRACT

1. When booking the trip, Reizen Lauwers or the travel agent shall give an order form to the traveller in accordance with the law.

2. The travel organisation contract comes into force as soon as the traveller receives the written confirmation of the booking issued by the travel organiser, whether or not through a travel agent acting on behalf of Reizen Lauwers. If the content of the order is different from that of the travel confirmation or if the confirmation is not given at the latest within 21 days after the signing of the order form, the traveller can assume that the journey has not been reserved and will be entitled to immediate reimbursement of all sums already paid.

 

ARTICLE 6 THE PRICE

1. The price agreed in the contract is not subject to revision unless the contract provides for this expressly, stating the precise method of calculation and on condition that the revision takes place as a result of the following variations:a) the exchange rates applied to the journey and/or b) the transport costs, including fuel charges, and/or c) the taxes and duties relating to certain services.In this case, the variations referred to will also result in a price reduction.

2. The contract price can in no case be increased during the 20 calendar days prior to the departure date.

3. If the increase of the total price exceeds 10%, the traveller may cancel the contract without compensation.In this case, the traveller is entitled to immediate reimbursement of all the sums already paid to Reizen Lauwers.

4. Annual membership to VZW Reis- en sportclub Lauwers/Skifriends is included in the price. 

 

Special Terms & Conditions of Travel:

1. The prices include:the transport by coach (the coach type mentioned in the travel brochure and the associated seats are not binding for Reizen Lauwers), the services described in the travel documents, hotel costs on the basis of double rooms, VAT at the rate applicable on the date indicated in the brochure, service fees for tour guides and drivers.All prices are per person (unless listed otherwise in the brochure).

2. The prices do not include:surcharges listed in the brochure's price table, personal expenses, drinks, optional excursions, extra meals, entrance fees, shows, boat cruises, travel and cancellation insurance.

3. The prices are calculated on the basis of the tariffs and exchange rates for the accommodation and other services abroad that were valid on 1 July 2013.In addition, prices are also calculated on the basis of the tariffs for the carriage of passengers (valid on 1 July 2013) and in particular on the basis of the average fuel price during the month of July 2013.All required services are included in the contract price which is fixed except when there has been a manifest material mistake or printing error.

 

ARTICLE 7 PAYMENT OF THE FARE

1. Unless expressly agreed otherwise, the traveller pays a part of the overall or total travel costs in advance when signing the order form, as defined in the Special Terms & Conditions of Travel.

2. If the passenger fails to pay the deposit or the required travel costs, Reizen Lauwers shall be entitled to terminate the agreement with the traveller and the costs shall then be borne by the traveller.

3. Except as otherwise agreed in the order form, the traveller pays the balance of the price one month before the departure date at the latest, and on condition that the traveller receives written travel confirmation and/or travel documents beforehand or at the same time.

 

Special Terms & Conditions of Travel:

1. Except in case of hiring or when explicitly agreed otherwise, the traveller pays 30% of the total travel costs in advance upon receipt of the order form, with a minimum of €75 per person for trips lasting more than 3 days and €25 per person for trips of maximum 3 days.

2. Unless otherwise agreed in the order form, the traveller pays the balance at least 56 days before the departure date. After receipt of payment, travel confirmation and travel documents will be sent to the traveller 14 days before departure.

3. Should the traveller book less than 56 days before the departure date, the travel costs will have to be paid in full immediately.

 

ARTICLE 8 TRANSFERABILITY OF THE BOOKING

1. The traveller may, prior to the beginning of the journey, transfer his journey to a third party who must meet all the conditions of the travel organisation contract.The transferor must inform Reizen Lauwers or as the case may be, the travel agent, of this transfer with sufficient notice prior to departure.

2. The transferring traveller and the transferee are jointly liable for payment of the total price of the journey and the costs of the transfer.

 

ARTICLE 9 OTHER CHANGES MADE BY THE TRAVELLER

If the traveller requests other changes, Reizen Lauwers and/or the travel agent may charge all resulting expenses.

 

Special Terms & Conditions of Travel:

a) up until 4 working days before the departure date, €8 per file.

a) less than 4 working days before the departure date, €50 per case.Changes made by the traveller shall mean:changes made to the nature of the accommodation, room type, system, boarding place, and place on board the coach.If the changes cannot be accepted, for example, another place on the coach or other room type is unavailable, the customer must either retain the original booking or pay cancellation costs as described below.

 

ARTICLE 9B:CANCELLATION BY THE TRAVELLER

Travel cancellation by the traveller will result in the following costs:

  • Up until 56 days before departure, the following cancellations costs apply:€75 per case.
  • From 55 to 21 days before departure, a fee equivalent to 25% of the travel price with a minimum of:€50 per person.
  • From 20 to 14 days before departure, a fee equivalent to 50% of the travel price, with a minimum of €75 per person.
  • From 13 to 8 days before departure, a fee equivalent to 75% of the travel price, with a minimum of €100 per person:
  • Less than 8 days before departure, a fee equivalent to 100% of the travel price, with a minimum of €125 per person:For cruises and holidays by air travel, please see the Terms & Conditions of Cancellation issued by the companies concerned.

Reizen Lauwers or the travel agent must be informed of the cancellation in writing as soon as possible.Only the postage date applies to the determination of the cancellation fee.

 

ARTICLE 10 CHANGES MADE  BY THE TOUR OPERATOR BEFORE DEPARTURE

1. If, prior to departure, one of the essential elements of the contract cannot be carried out, Reizen Lauwers must inform the traveller of this as quickly as possible, in any case prior to departure, and advise him of the possibility to cancel the contract without penalty, unless the traveller accepts the modification proposed by the travel agent.

2. The traveller must notify Reizen Lauwers or the travel agent of his decision as quickly as possible and in any case prior to departure.

3. If the traveller accepts the modification, a new contract or an additional clause shall be drawn up stating the modifications made and their effect on the price.

4. If the traveller does not accept the modification, he can request the application of Article 11.

 

ARTICLE 11 CANCELLATION  BY THE TOUR OPERATOR BEFORE DEPARTURE

1. If Reizen Lauwers cancels the contract before the start of the journey due to circumstances not imputable to the traveller, the latter has the following options:

a) either the acceptance of another offer of equal or higher quality without having to pay any supplement:if the journey offered as replacement is of lower quality, the travel agent must reimburse the price difference as quickly as possible.

b) or repayment as quickly as possible of all sums paid by him under the contract.

2. The traveller may also, where applicable, demand compensation for failure to execute the contract, unless:

a) Reizen Lauwers cancels the journey because the minimum of travellers required by the contract and necessary for its execution has not been reached and the traveller has been informed of this in writing within the period specified in the contract at least 15 calendar days prior to the departure date.

b) the cancellation is the consequence of an Act of God, not including overbooking.Act of God is understood as abnormal and unforeseeable circumstances beyond the control pf the party who invokes them, and the consequences of which could not be avoided despite all precautions.

 

ARTICLE 12 ENTIRE OR PARTIAL NON-PERFORMANCE OF THE JOURNEY

1. If it appears during the journey that a major part of the services covered by the contract cannot be carried out, the tour operator will take all necessary steps to offer the traveller appropriate substitutes free of charge to continue the journey.

2. If there is a difference between the planned and the actual services provided, the tour operator shall compensate the traveller for this difference.

3. If such arrangements are impossible or the traveller does not accept the substitutes for valid reasons, Reizen Lauwers must provide him with an equivalent means of transport back to the place of departure, and, where appropriate, compensate the traveller.

 

ARTICLE 13 CANCELLATION BY THE TRAVELLER

The traveller may cancel all or a part of the contract at any time.If the traveller cancels the contract for a reason imputable to him, he shall compensate Reizen Lauwers or the travel agent for the loss suffered as a result of the cancellation.The compensation can be determined on a flat-rate basis in the section on special conditions or in the travel programme, but shall never amount to more than the price of the journey.

 

ARTICLE 14 LIABILITY OF REIZEN LAUWERS

1. Reizen Lauwers is responsible both for the proper execution of the contract in accordance with the reasonable expectations the traveller may have under the provisions of the travel organisation contract and for the obligations arising from the contract, irrespective of whether these obligations are to be met by the tour operator or by other service providers without prejudice to Reizen Lauwers’ right to pursue these providers.

2. Reizen Lauwers is responsible for the actions and negligence of its staff and representatives acting in the execution of their duties as much as for its own actions and negligence.

3. If a service covered by the travel contract is subject to application of an international agreement, Reizen Lauwers’ responsibility will be excluded or limited in accordance with that agreement.

4. If Reizen Lauwers does not itself supply the services included in the travel contract, its liability with regard to material damage and compensation for loss of enjoyment of the journey shall be limited to twice the price of the journey.

5. Articles 18 and 19 of the Act of 16 February 1994, shall apply to the rest.

 

Special Terms & Conditions of Travel:

a) Programme: The information provided by Reizen Lauwers was collected from reliable sources and is shared with you in good faith.Reizen Lauwers is not liable for material and possible printing errors or for circumstances beyond Reizen Lauwers’ control and disclaims all liability for information provided in documentation and released by third parties.In the event of delays, Reizen Lauwers is not liable, even if these delays result in missed connections.The resulting costs shall be borne by the traveller and will not, in any event, be reimbursed by Reizen Lauwers.

b) Animals:

Dogs and other animals are not allowed on board our coaches.

c) Luggage: Luggage in a normal sized suitcase is limited to 20 kg per person and should be tagged with the labels provided by Reizen Lauwers, mentioning the required information (for holidays by air travel, the maximum weight permitted depends on the airline you travel with).Any damage caused by failure to follow these instructions shall be fully borne by the traveller.The traveller must report any lost or damaged luggage in writing within 10 days after the end of the journey. With a valid travel insurance, the compensation in case of registered damaged or theft of registered luggage will never exceed the value proved by the traveller and is subject to an exemption of €100.It is the responsibility of the traveller to personally supervise his hand luggage at all timesReizen Lauwers shall not be held responsible for loss, damage or theft of objects that are left on the coach.

d) Traveller: Reizen Lauwers is entitled to refuse transport or accommodation to anyone deemed to be under the influence of alcohol or drugs and shall not be held liable for any transport or accommodation expenses incurred by the traveller in relation to this regulation.

 

ARTICLE 15 LIABILITY OF THE TRAVELLER

The traveller is liable for damage suffered by Reizen Lauwers and/or the travel agent, their staff and/or their representatives as a result of any error made by the traveller, or damage suffered as the result of the traveller's failure to comply with the contractual obligations.The error in question will be evaluated according to the traveller's general and normal behaviour.

 

ARTICLE 16 COMPLAINTS PROCEDURE

1. Prior to the departure date:If the traveller has a complaint before departure this must be submitted as quickly as possible by registered letter or by providing proof of receipt to Reizen Lauwers or the travel agent.

2. During the journey:Complaints during the execution of the contract must be reported on the spot and as quickly as possible, in an appropriate and evidential manner, so that a solution can be found.

Therefore, he should address – in the following order: a representative of Reizen Lauwers or a representative of the travel agent or contact the travel agent directly or ultimately, contact Reizen Lauwers directly.

 

3. After the journey:If a complaint is not satisfactorily resolved or if it was impossible for the traveller to file a complaint on the spot, he shall file a complaint by registered letter or against receipt to Reizen Lauwers or the travel agent within one month after the end of the travel agreement.

 

ARTICLE 17 CONCILIATION PROCEDURE

1. In the event of a dispute, the parties must first try to reach an amicable settlement.

2. If this attempt at an amicable settlement fails within a period of 1 to 3 months, each of the parties shall be entitled to request the start of a Conciliation Procedure, requests should be addressed to the secretariat of the Reconciliation Unit of the Travel Disputes Committee, a non-profit organisation.All Parties must agree to this.

3. The secretariat shall provide the parties with an information brochure, a copy of the Reconciliation Regulations and a Reconciliation Agreement.Once the parties have completed and signed this Agreement (collectively or individually), and once each party has paid the sum of €50, the Conciliation Procedure will be started.

4. Under the simple procedure described in the regulations, an impartial conciliator will then contact the parties with a view to pursue an equitable reconciliation between the parties.

5. Any agreement reached shall be laid down in a binding written agreement.Secretariat of the "Reconciliation Unit":Telephone: 02 277 61 80Fax: 02 277 91 00

E-mail:verzoening.gr@skynet.be

 

ARTICLE 18 ARBITRATION OR COURT

1. If a reconciliation procedure is not started or if one fails, the plaintiff can choose between court proceedings or arbitration proceedings through the Travel Disputes Committee.

2. For claimed sums of €1250 and more, each defendant can refuse arbitration proceedings by registered letter addressed to the claimant.

The defendant has 10 calendar days after receipt of the registered letter stating that a case claiming a sum of €1250 or more has been opened with the Travel Disputes Committee.For cases under €1250, the arbitration procedure can only be invoked by the traveller.

3. The arbitration procedure is governed by a Disputes Committee and shall only be started if, after a period of four months following the (planned) end of the travel (or possibly from the time of the event that gave rise to the dispute), no amicable settlement could be reached.Disputes related to physical injuries can only be settled by the courts.

4. The Arbitral Tribunal, composed of a joint board, shall issue a ruling on the travel dispute in a binding and definite manner.It is not possible to lodge an appeal against this decision.Secretariat of the Arbitral Tribunal and the General Secretariat of the Travel Disputes Committee: – Telephone: 02 277 62 (9h to 12h) – Fax: 02 277 91 00 – Koning Albert II laan 16, Brussels – E-mail: clv.gr@skynet.be

 

SPECIAL TERMS & CONDITIONS OF TRAVEL

a) Jurisdiction:The courts of Antwerp have exclusive jurisdiction over all disputes that do not qualify for the Travel Disputes Committee.

b) Pick-Up Service:All kinds of circumstances such as traffic-jams and delays of another coach can make pick-up services time consuming.For this reason, we advise you to come straight to the central place of departure.We will take you from one of the pick-up points to the central place of departure where you can transfer to the coach that will take you directly to your destination. This is a free service.When you return you will be taken from the central departure point to your drop off place.In exceptional cases, we rely on external firms. These third party operators will transport you by taxi or minibus to another boarding location, where your trip will continue with one of our coaches.

c) Facilities:The hotel facilities included in this brochure were published in accordance with the hotelier's specifications.However, it is possible that you may not be able to make use of all of the local facilities due to external factors (e.g. weather, electrical problems, etc.) or a decision made by the hotelier for the sake of hotel occupancy.The latter sometimes occurs in the off-peak season and is already compensated when booking according to the off-peak season rates.In this regard, any additional compensation after departure is impossible, and can under no circumstances be the subject of a complaint after departure.

d) Change to the order of the travel programme:In some circumstances, the programme may need to be adapted (e.g. a different order than first stated).This can even happen during or shortly before departure of the tour.We will however always abide by the content of the programme, except where exceptional circumstances, such as an Act of God, make this impossible (e.g. a planned visit that cannot take place because of unexpected closing, weather, etc.).Changes such as these may never constitute grounds for a complaint.

 

Terms & Conditions of "Early Booking Discount":

Any change introduced after the "Early Booking Date" (stated during booking), shall lead to discount cancellation and to the stated alteration expenses.

a) Flight Hours:All flight times are subject to change.In exceptional cases, a change in the flight schedule may occur, even on the day of departure, when you're already at the airport. This may be the result of large crowds and security standards imposed for that purpose or for operational reasons.Any discomfort can never give rise to additional compensation after departure.

 There is no extra charge if this change leads to a longer stay at the destination and there is also no discount or compensation possible in the opposite case.Any provision of service not received as a result of a change in the flight schedule, can never give rise to any refund or compensation after departure.The time of arrival at your hotel will not affect the scheduled end time of the services included in the arrangement.

b) Wheelchairs: Reizen Lauwers’ coaches are unsuitable for wheelchair transport.However, folding wheelchairs can be carried in the hold of the coach.Electric or non-folding wheelchairs that are considered to be too large or too heavy, may be rejected by Reizen Lauwers.Wheelchair users are most welcome to experience a trip or tour with Reizen Lauwers provided they are accompanied by an attendant.

 

GUARANTEE

In the event of the insolvency of the travel organisation Reizen Lauwers, you can apply to the European insurance company, Tweekerkenstraat 14, B-1000 Brussels.