Article 1: Scope of application

These terms and conditions apply to tour operator and travel agent contracts as defined by the Belgian Act of 16 February 1994 governing tour operator and travel agent contracts.

Article 2: Promotion

  • Information in the travel brochure is binding for the tour operator or travel agent that published said brochure, unless:
    • travellers were notified, clearly and in writing, of modifications to this information before the contract was concluded;
    • modifications arose only at a later stage pursuant to a written agreement between the parties to the contract.
  • The tour operator and/or travel agent may withdraw all or part of his special travel offer for a definite or indefinite duration.

Article 3: Information to be supplied by the tour operator and/or travel agent

The tour operator and/or travel agent must:

  • Before entering into the tour operator or travel agent contract, notify the travellers in writing of the following:
    • general information concerning passports and visas and the healthcare formalities required for travel and stay, as to allow the traveller to secure the necessary documents. Non-Belgian travellers must make enquires at the appropriate embassy/embassies or consulate/consulates regarding the administrative formalities to be fulfilled;
    • information in relation to taking out a cancellation and/or assistance insurance policy and to its contents;
    • the general and specific terms and conditions applicable to the contracts;
  • No later than 7 calendar days prior to the departure date, provide travellers with the following information in writing :
    • timetables, locations for stopovers and connections and, where possible, the seat assigned to the traveller;
    • the name, address, telephone number, fax number and/or the e-mail address of the tour operator and/or travel agent's local agent, or of local bodies that can assist the traveller in the event of any problems, or of the travel agent or tour operator directly;
    • in the case of travel and sojourns by underage children abroad, information to enable direct contact with the child or with the person responsible locally for the child’s sojourn.
    • The aforementioned period of seven calendar days is inapplicable in the event of the late conclusion of the contract.

Article 4: Information from the traveller

The traveller shall provide the tour operator and/or travel agent with all pertinent information expressly requested of him or which could reasonably affect the smooth operation of his journey.
If the traveller provides erroneous information leading to additional costs for the tour operator and/or travel agent, these costs may be charged to the traveller.

Article 5: Formation of the contract

  • At the time the journey is booked, the tour operator or travel agent must issue the traveller with an order form as stipulated by law.
  • The tour operator contract takes effect when the traveller receives written confirmation of the booking issued by the tour operator, whether or not this is carried out through the travel agent, who in this case acts on behalf of the tour operator.

Should the contents of the order form differ from the contents of the journey confirmation, or should confirmation not have occurred within 21 days of signing of the order form, the traveller may assume that the journey has not been booked and shall be entitled to an immediate refund of all sums paid by him to the tour operator.

Article 6: Price

  • The price agreed in the contract may not be reviewed unless the contract makes express provision for this possibility and the exact calculation method, provided the review is the result of a fluctuation:
    • the exchange rates applied to the journey, and/or
    • the cost of transportation, including fuel costs, and/or
    • fees and taxes for certain services.

In such cases, these fluctuations must also give rise to a price reduction.

  • The price stipulated in the contract may not under any circumstances be increased in the 20 calendar days preceding the departure date.
  • If the increase exceeds 10% of the overall price, the traveller may terminate the contract without compensation. In that event, the traveller shall be entitled to an immediate refund of all sums paid by him to the tour operator.

Article 7: Payment of the price

  • Unless there is an express agreement to the contrary, the traveller shall pay, as advance payment upon signing of the order form, a fraction of the overall or total price of the journey ipulated in the specific travel conditions.
  • Should the traveller fail to make the advance payment or settle the price of the journey duly claimed from him after having him served a formal notice as stipulated by law, the tour operator and/or the travel agent shall be entitled to automatically terminate the contract binding him/them to the traveller, and charge the expenses to the traveller.
  • Unless there is an express agreement to the contrary stipulated on the order form, the traveller shall settle the balance of the journey price at the latest one month prior to departure, with the proviso that he has already received or simultaneously receives written confirmation of the trip and/or travel documentation.

Article 8: Transferability of the booking

  • Prior to commencement of the journey, the traveller may transfer his journey to a third party who must meet all the conditions of the tour operator contract. The transferring party must inform the tour operator and, if need be, the travel agent, of this transfer, with sufficient notice prior to departure.
  • The traveller transferring his journey and the transferee are jointly responsible for payment of the inclusive price of the journey and transfer costs.

Article 9: Changes by the traveller

The tour operator and/or the travel agent may charge the traveller for all costs arising from changes requested by the traveller.

Article 10: Changes by the tour operator prior to departure

  • If, prior to departure, one of the essential features of the contract cannot be performed, the tour operator must notify the traveller as soon as possible, and at any rate prior to departure, and inform him that he may terminate the contract with no penalty, unless the traveller accepts the modification proposed by the tour operator.
  • The traveller must notify his decision to the travel agent or tour operator as soon as possible, and certainly prior to departure.
  • If the traveller accepts the change, a new contract or an addendum to the contract should be drawn up stipulating the said amendments and their effect on the price.
  • If the traveller does not accept the change, he may request that article 11 be applied.


Article 11: Termination by the tour operator prior to departure

  • If the tour operator terminates the contract prior to commencement of the journey due to circumstances not attributable to the traveller, the traveller may choose one of the following options:
    • either to accept another travel offer of equivalent or better quality without having to pay any supplement therefore; if the journey offered as a replacement is of lower quality, the tour operator shall refund the price difference to the traveller as soon as possible;
    • or receive an immediate refund of all sums paid by virtue of the contract.
  • The traveller may also demand compensation for failure to perform the contract, unless:
    • the tour operator cancels the journey because the minimum number of travellers stipulated in the contract, required to perform the contract, has not been reached, and the traveller was informed of this in writing within the stipulated deadline, at least 15 calendar days prior to the departure date;
    • cancellation is the consequence of force majeure, not including overbookings. An event of force majeure is understood as an unforeseeable and insurmountable event beyond the control of those invoking it, the consequences of which cannot be avoided despite the exercise of all due care.

Article 12: Partial or total non-performance of the journey

  • If it is observed in the course of the journey that a considerable number of services covered by the contract cannot be provided, the tour operator shall take all the necessary measures to offer the traveller appropriate substitutes free of charge to allow him to continue his journey.
  • In the event of a difference between the services stipulated and the services actually provided, the tour operator shall compensate the traveller up to the amount of this difference.
  • When such arrangements are impossible or the traveller does not accept the substitutes for valid reasons, the tour operator shall provide him with an equivalent means of transport to return him to the place of departure, and shall compensate the traveller, as the case may be.

Article 13: Termination by the traveller

The traveller may at any time cancel the contract in whole or in part. If the traveller terminates the contract for a reason attributable to him, he shall compensate the tour operator and/or the travel agent for the damages incurred pursuant to his cancellation. The compensation may be set as a lump sum in the specific conditions or in the travel programme, but it may not exceed the actual cost of the journey.

Article 14: Liability of the tour operator

  • The tour operator shall be liable for the sound performance of the contract in due accordance with any expectations the traveller may reasonably have pursuant to the provisions of the tour operator contract and the obligations arising therefrom, regardless of whether these obligations must be met by him or by other service providers, without prejudice to the tour operator's entitlement to hold the other service providers liable.
  • The tour operator shall be liable for the acts and omissions of his agents and representatives, when acting within the scope of their authority, as if such acts and omissions were his own.
  • Should an international agreement apply to a service forming part of the tour operator contract, the liability of the tour operator shall be excluded or limited in due accordance with said agreement.
  • Where the tour operator does not supply himself the services stipulated in the contract, his total liability for material damage and loss of enjoyment of the journey shall be limited to a maximum of twice the price of the journey.
  • Moreover, articles 18 and 19 of the Belgian Act of 16 February 1994 are applicable.

Article 15: Liability of the traveller

The traveller shall be liable for damages by his wrongful acts or default to the tour operator and/or the travel agent, to their agents and/or to their representatives as a consequence of non-compliance with the obligations incumbent upon him under the contract, wrongful acts or default being assessed having regard to a traveller's normal behaviour.

Article 16: Complaints procedure

Prior to departure

If the traveller has a complaint prior to departure, he shall immediately inform the travel agent or tour operator thereof, by either registered letter or by registered letter with acknowledgement of receipt.

During the journey

Complaints arising during performance of the contract shall be submitted as soon as possible locally, in an appropriate and probative manner, so as to allow a solution to be found.
To this end the traveller shall approach - in the following order - a representative of the tour operator or a representative of the travel agent, or the travel agent directly, or the tour operator directly.

After the journey

Any complaints that cannot be submitted locally or that have not been satisfactorily solved locally must be submitted no later than one month after the end of the journey to the travel agent and/or the tour operator by either registered letter or by registered letter with acknowledgement of receipt.

Article 17: Reconciliation procedure

  • In the event of a dispute the parties shall initially attempt to reach an amicable settlement.
  • In the event of a failure to settle the dispute amicably within a period of 1 to 3 months, each of the parties concerned may contact the secretariat of the Commission de Litiges Voyages (Travel Disputes Committee, a non-profit organisation) to start a reconciliation procedure. All parties must give their consent thereto.
  • The secretariat shall provide the parties with an information brochure, the reconciliation regulations and a « reconciliation agreement ». The reconciliation procedure shall commence as soon as the parties concerned have completed and signed the aforesaid agreement (jointly or separately) and as soon as each party has paid the sum of 50 Euros.
  • In accordance with the simple procedure described in the regulations, an impartial arbitrator shall contact the parties to facilitate their equitable reconciliation. Any agreement reached shall be recorded in a binding agreement between the parties.

The address of the secretariat is:

Secrétariat de la "Cellule conciliation":
Boulevard du Roi Albert II 16, 1000 Bruxelles
e-mail: conciliation.clv@skynet.be

Article 18:

Arbitration or court proceedings

  • If no reconciliation procedure has been initiated or if this has failed, the complainant shall be on principle entitled to choose between ordinary court proceedings or an arbitration procedure with the Travel Disputes Committee.
  • For sums claimed in excess of 1,250 Euros, each defendant has 10 calendar days to refuse, by registered letter, an arbitration procedure requested by the complainant. Litigation may then take place through ordinary court proceedings. For sums of less than 1,250 Euros, only the traveller shall be entitled to refuse the arbitration procedure.
  • The arbitration procedure is governed by dispute regulations, and may only be initiated if an amicable arrangement has not been reached within 4 months from the (envisaged) end of the journey (or, as the case may be, as of the service that gave rise to the dispute). Disputes concerning bodily injury may only be settled in court.
  • In accordance with dispute regulations, the ruling issued by the jointly composed arbitration tribunal shall be binding and final. No appeals may be launched.

The address of the arbitration tribunal and the general secretariat of the Travel Disputes Committee is:
Boulevard du Roi Albert II 16, 1000 Bruxelles
e-mail: clv.gr@skynet.be

SPECIFIC CONDITIONS STIPULATED BY ESPACE VOYAGES

WAIVER

Pursuant to the traveller’s request, the execution of the agreement shall take effect immediately, and the requested bookings and confirmations will be carried out immediately. Pursuant to article 80 § 4.1° of the Act on Commercial Practices and its implementing decisions, the following stipulation is applicable: the consumer is NOT entitled to waive his purchase.

General

ESPACE VOYAGES cannot be held liable for any modifications to timetables, delays, cancellations or other contingencies attributable to circumstances of force majeure (strikes, inclement weather, epidemics, wars, earthquakes …) or to the client, particularly in the event of arrival at the airport after the stipulated time, refusal to grant boarding permission due to a failure to comply with compulsory administrative or health procedures, the traveller’s failure to arrive for boarding etc., or attributable to third parties unrelated to provision of the service stipulated.
Any costs arising from these contingencies (taxis, hotels, catering, air routing etc.) shall be charged to the customer.

We wish to draw your attention to the following:

Bookings involving air travel are subject to acceptance by the issuing service (ticketing), and the issuing service may refuse to confirm and issue a ticket (companies which do not issue tickets, excessively short delivery times and ineligible e-tickets, high-risk destination etc.): - depending on the airline you are travelling with, transfer fees between airports and/or terminals shall be at your expense. Certain airlines may charge you additional costs for transit without visa;
- airlines may refuse to grant boarding permission to pregnant women when they consider there is a risk of premature birth in the course of the journey due to the advanced state of pregnancy;
- airlines do not allocate seats to children under 2 years old, and refuse boarding permission to unaccompanied children under 15 years of age.
Instructions issued by airlines: You are responsible for observing the instructions issued by the airlines, particularly in relation to check-in times and confirmation of flights. You are advised to check in at least 2 hours before your departure time for international flights, and at least 1½ hours before for domestic flights. Certain airlines require confirmation of the booking to be carried out at least 3 days before the departure date. If the flight is not confirmed to the airline, your booking may be cancelled. You must also use your flight coupons in the stipulated order. In the contrary, the airline may consider your ticket not to be valid and, in the case of purchase of return tickets, the absence of boarding on the outbound flight will entail cancellation of the return flight with no entitlement to modification or refund of the flights.

Issue of tickets

Since 1 June 2008 IATA has compelled airlines to cease issuing any actual tickets, and therefore only electronic tickets may be issued to clients, subject to the technical feasibility of issuing these.

Electronic tickets

The issue of electronic tickets is only possible with certain airlines, and is governed by specific conditions of identification.
Warning: certain airlines offer an electronic ticket on booking, whereas certain routes cannot benefit from this facility. In that case, ESPACE VOYAGES will contact you again to notify you of this, and offer an alternative solution if this exists, or inform you that it is impossible to finalise the order for technical reasons.

Prior to purchase of an electronic ticket, in certain cases, depending on the airlines, you may be asked to indicate which identification document you will present at check-in. You must be in a position to present this document on the day you check in at the airport. For increased security, we would ask you to use the identity document for the purposes of identification that you intend to use for your journey. You must also observe the check-in times stipulated by the airline.
ESPACE VOYAGES may not under any circumstances be held responsible for a refusal to grant boarding permission caused by failure of holders of electronic tickets to observe the conditions for identification, or in the event of failure to observe the check-in times stipulated by the airline.

Prices

Unless stated otherwise on the Site, prices are shown in Euros, including VAT, and exclude company fees, service and issue charges. Additional local taxes payable locally may be charged by the local authorities, and are to be borne by you.

ESPACE VOYAGES wishes to inform you that the shown prices are ultimately validated after acceptance of your payment. It should be pointed out that hundreds of clients book air tickets at the same time, and thus it is possible that you may not be able to finalise your request although availability is shown to exist, since other clients may have finalized their transaction before you.

The prices stated are set by carriers or tour operators, and remain applicable for as long as the product concerned is in stock. Offers and rates communicated orally by Espace Voyages are always issued subject to price changes. In the case of air travel, the price is only finalised when the air ticket has been issued. The ticket may only be issued after payment in full.

Cancellation / Changes

ESPACE VOYAGES acts as a mere agent of the airline, hence the conditions of the transport contract issued by the airline are those applicable, particularly in relation to the possibility of their cancellation or modification. Changes or cancellations of tickets already issued will be charged by ESPACE VOYAGES at a fee of (see below) per ticket. This fee is in addition to the change/cancellation fee charged by the airline. Certain flight changes shall be processed as a cancellation followed by a new order, thereby entailing the cancellation fees in effect.
Cancellation of your order for any reason whatsoever shall not exempt you from payment in full of any sums outstanding to ESPACE VOYAGES, and hence we advise you to take out the cancellation insurance on offer at the time of booking.

In the event of cancellation for any reason whatsoever, charges beyond the overall amount already incurred by you (issue of visas, other travel documentation, vaccination fees …) shall not be refunded.
When you have taken out cancellation insurance, we wish to remind you that you must directly inform the insurer of the cancellation or any other claim in accordance with the conditions and within the times indicated in the contract stipulated on this site.

Use of the Site

The Site is available on the basis of an “as-is" service, and is accessible only in accordance with its availability.
ESPACE VOYAGES is not responsible under any circumstances if, due to Site maintenance operations or for reasons beyond its control, you cannot access the Site, or if such access is interrupted, at any time whatsoever, or if any fault beyond its control prevents an operation from being carried out. ESPACE VOYAGES does not guarantee that the Site will be free from computer viruses or any other anomalies beyond its control.

Obligations of the User

You agree to be bound by the following obligation, and in particular:
You must be at least 18 years old (21 years old for car hire) and have the legal capacity to enter into contracts.

You accept responsibility for all transactions carried out in your name or on your behalf, unless the transaction was fraudulent or was the result of computer fraud or technical flaws for which ESPACE VOYAGES is to blame.
You guarantee that all the information you provide in relation to yourself or to any member of your family is true and accurate.

The Site must not be used for speculative, false or fraudulent bookings.
The transmission of threatening, defamatory, pornographic, political or racist data or, in general, any material that is otherwise unlawful is strictly prohibited.

You may not modify, copy, transmit, distribute, sell, exhibit, license or reproduce, in any way whatsoever, the Site or any contents thereof, although you can make a copy of the information contained on the Site for your own personnel and private use.

Links to other web sites

The Site may contain links to other web sites operated and administered by third parties. ESPACE VOYAGES cannot guarantee the legality, accuracy, exhaustiveness or quality of the information contained on them. The Site, however, undertakes to remove all links to such third party sites if it learns that they are manifestly illegal, inaccurate or inadequate.

Intellectual Property

The entire contents on view during the procedure of purchase of a flight on the Site and all intellectual property rights relating thereto are the property of ESPACE VOYAGES. The name ESPACE VOYAGES and all other trade marks, logos and representations of ESPACE VOYAGES displayed on the Site are registered trademarks of ESPACE VOYAGES.
You are not granted any right to the contents or the intellectual property rights on the Site, which remain the exclusive property of ESPACE VOYAGES or of its partners.

All insertions of hypertext links to the Site are subject to the prior written approval of ESPACE VOYAGES.

Legal proceedings may be brought against anyone making unauthorised use of all or part of the contents of the Site and of the intellectual property rights related therewith.

Modifications to the Terms of Sale and Conditions

ESPACE VOYAGES reserves the right to modify or update these Terms of Sale and Conditions of Use governing the Site at any time without prior notice.

After-sales service

Commercial claims or claims relating to the quality of the services provided must be addressed within 30 days after the end of the journey to ESPACE VOYAGES by registered letter with acknowledgement of receipt. No claims shall be considered after expiry of this deadline.
You may address all requests for information to Espace Voyages, Galerie de la Porte de Namur 20-22, 1050 Ixelles. The order form / travel confirmation / invoice shall in all cases be considered as written confirmation of the journey booked. This agreement shall only come into effect after such written confirmation, subject to price changes as well as changes of departure and arrival times. Espace Voyages shall not be held liable for identity documents such as passports, visas etc., which must be applied for by the traveller. Nor is Espace Voyages responsible for any vaccinations. Any fees arising from erroneous information on the invoice signed by the client or on the order form completed on the web site are chargeable in full to the client.

Payment

Payment in full is required at the time of booking for all air tickets and insurance products. Means of payment other than those stipulated on the Site shall not be accepted, and ESPACE VOYAGES shall not be held liable for cases where unaccepted means of payment (especially cash) have been sent to it.

Prior to receipt of payment in full, ESPACE VOYAGES is not bound to issue any tickets, confirmation, booking order or any other travel documentation. You are, however, responsible in all cases for payment of all agreed sums for the travel services or products ordered.
Additionally, in order to minimise the consequences of credit card fraud, we reserve the right to carry out random verifications and to ask you to fax or post proof of your address and a copy of your bank card with a bank account identification document confirming the surname and forename of the cardholder, and the details of the bank issuing the card, before issuing a ticket.

Settlement of disputes

The two parties accept that the location for execution of the agreement is the seller’s head office. They affirm and acknowledge that any disputes in relation to this order form / travel confirmation / invoice are subject to Belgian law, in accordance with article 624, 2 of the Judicial Code. Disputes must be submitted to the Courts of Brussels.

Guarantee fund

Espace Voyages is an affiliate of the Belgian Travel Guarantee Fund. The client may appeal to it in the event of insolvency.

Specific terms of sale

The specific terms of sale listed below prevail over the general terms of sale.

Timetable

The indicated timetables are always liable to change, even during the actual journey, and therefore air connections are not guaranteed by Espace Voyages.

Cancellation and changes by the carrier

If, for any reason, one or more carriers should decide to cancel or partially or completely change the flights, Espace Voyages shall only be bound to issue a partial or full refund on the ticket if it has obtained such refund from the carriers. Espace Voyages shall not be bound under any circumstances to pay out any compensation.

Cancellation or change by the traveller

In the event of cancellation, for any reason whatsoever, all amounts stipulated in the contract shall be paid by the traveller, even if the cancellation is attributable to chance or force majeure.
For specific cancellation and change fees, please refer to the specific terms and conditions associated with your price rate.
Espace Voyage charges flat administration fees in the event of change and/or cancellation.

Cancellation and change fees per air ticket

1. Cancellation fees

Non-refundable tickets
No refund
Refundable tickets

The contractually stipulated compensation payable by the airline to which the following administration fees are added:
Price of the ticket:
< € 349.00 ⇒ € 75.00 per ticket
€ 350.00 < € 699.00 ⇒ € 100.00 per ticket
> € 700.00 ⇒ € 150.00 per ticket

2. Change fees

The contractually stipulated compensation payable by the airline to which an administration fee of 50 € is added.