general terms and conditions - dolphin trips · 2018. 7. 30. · health care which are necessary...

8
GENERAL TERMS AND CONDITIONS Article 1 : Application These General Terms and Conditions apply on the contracts to travel organization and travel mediation as understood by the Belgian Law of February 16th to regulate the contract to travel organization and travel mediation. Article 2 : Promotion The data in the travel brochure bind Secret Soul (travel organization) who issued the brochure, unless : a) changes in these data have been issued in a clear, written way to the traveler, before concluding the contract ; the brochure must mention this explicitly; b) changes occur resulting from a written agreement between the two parties in the contract c) Secret Soul deletes the whole or a part of the whole of this promotion, for a definite of indefinite period. Article 3 : Information on behalf of Secret Soul Secret Soul is obliged to : 1) inform the travelers in a written way, before concluding the contract to travel organization and travel mediation about : a. the general information concerning passports en visa and the formalities concerning health care which are necessary for the trip and stay, so the travelers can supply all the necessary documents. Travelers of non-Belgian nationality must inform with their embassy(s) or consulate(s) as to which formalities they must complete; b. the information about concluding and the content of a cancellation and/or assistance insurance. c. the general and special conditions applicable to the contract. 2) provide the travelers with the following informations in a written way, at least 7 calendardays before departure : a. time schedules and stopovers and connections, and if possible also the seat to be taken by the traveler; b. name, address, phone number and/or email address of either the local representative of the tour operator or the local authorities that can assist the traveler in case of difficulty; c. for trips and stays of minors abroad, the information that allows direct contact with the child or the person responsible for his/her stay. The aforementioned period of 7 calendar days does not apply in case of late contract. Article 4 : Information on behalf of the traveler The traveler must provide Secret Soul with all useful information that is explicitly requested or that can reasonably influence the smooth running of the trip. If the traveler provides incorrect information and this leads to extra costs for Secret Soul, these costs may be charged.

Upload: others

Post on 12-Oct-2020

0 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: GENERAL TERMS AND CONDITIONS - Dolphin Trips · 2018. 7. 30. · health care which are necessary for the trip and stay, so the travelers can supply all the necessary documents. Travelers

GENERAL TERMS AND CONDITIONS Article 1 : Application These General Terms and Conditions apply on the contracts to travel organization and travel mediation as understood by the Belgian Law of February 16th to regulate the contract to travel organization and travel mediation. Article 2 : Promotion The data in the travel brochure bind Secret Soul (travel organization) who issued the brochure, unless :

a) changes in these data have been issued in a clear, written way to the traveler, before concluding the contract ; the brochure must mention this explicitly;

b) changes occur resulting from a written agreement between the two parties in the contract c) Secret Soul deletes the whole or a part of the whole of this promotion, for a definite of indefinite

period. Article 3 : Information on behalf of Secret Soul Secret Soul is obliged to :

1) inform the travelers in a written way, before concluding the contract to travel organization and travel mediation about :

a. the general information concerning passports en visa and the formalities concerning health care which are necessary for the trip and stay, so the travelers can supply all the necessary documents. Travelers of non-Belgian nationality must inform with their embassy(s) or consulate(s) as to which formalities they must complete;

b. the information about concluding and the content of a cancellation and/or assistance insurance.

c. the general and special conditions applicable to the contract.

2) provide the travelers with the following informations in a written way, at least 7 calendardays before departure :

a. time schedules and stopovers and connections, and if possible also the seat to be taken by the traveler;

b. name, address, phone number and/or email address of either the local representative of the tour operator or the local authorities that can assist the traveler in case of difficulty;

c. for trips and stays of minors abroad, the information that allows direct contact with the child or the person responsible for his/her stay. The aforementioned period of 7 calendar days does not apply in case of late contract.

Article 4 : Information on behalf of the traveler The traveler must provide Secret Soul with all useful information that is explicitly requested or that can reasonably influence the smooth running of the trip. If the traveler provides incorrect information and this leads to extra costs for Secret Soul, these costs may be charged.

Page 2: GENERAL TERMS AND CONDITIONS - Dolphin Trips · 2018. 7. 30. · health care which are necessary for the trip and stay, so the travelers can supply all the necessary documents. Travelers

Article 5 : Conclusion of the contract

1) When booking the trip, secret soul is obliged to hand over an order form to the traveler in accordance with the law.

2) The contract to travel organization arises at the time that the traveler receives the written confirmation of the booked trip, whether or not through the travel agent acting on behalf of Secret Soul. If the content of the order form differs from that of the travel confirmation or the confirmation is not received within no more than 21 days after the signing of the order form, the traveler may assume that the trip was not booked and the traveler is entitled to the immediate reimbursement of the order. all amounts already paid.

Article 6 : The price

1) The price agreed in the contract can not be revised unless explicitly provided for in the contract together with the precise method of calculation, and in so far as the revision is the result of a change in:

a. The exchange rates applied to the trip and/or b. The transportation costs, including fuel prices and/or c. The fees and taxes due for certain services. The condition must then be met that the

said changes will also lead to a reduction of the price. 2) The price fixed in the contract may under no circumstances be increased within 20 calendar

days preceding the day of departure 3) If the increase exceeds 10% of the total price, the traveler can terminate the contract without

compensation. In this case, the traveler is entitled to an immediate refund of all the amounts he has paid to the tour operator. The price of Secret Soul was calculated on the basis of the specified rates of the airlines and the seasonal rate of the boats in Egypt.

Article 7 : Payment of the travel sum

1) Unless expressly agreed otherwise, the traveler pays a part of the overall or total travel sum as stipulated in the special travel conditions when signing the order form.

2) If the traveler fails to pay the advance or the travel sum that is required of him, mainly after he has been defaulted, Secret Soul shall have the right to terminate the contract with the traveler, with the costs borne by the traveler.

3) Unless otherwise agreed on the order form, the traveler pays the balance of the price no later than 1 month before the departure date, and on condition that he receives the written travel confirmation and / or travel documents in advance or at the same time. For Secret Soul, the deposit is 37% of the travel sum. The balance must be paid to Secret Soul no later than 6 weeks before departure.

Article 8 : Portability of the booking

1) The traveler can, before the start of the journey, transfer his trip to a third party, who must comply with all conditions of the contract to travel organization. The transferor must inform Secret Soul of this transfer in due time for the departure.

2) The transferring traveler and the transferee are jointly and severally liable for payment of the total price of the trip and the costs of the transfer. At Secret Soul these transfer costs are :

a. up to 6 weeks before departure : 50€ b. from 6 weeks before departure : all extra costs due to the transport companies that

accompany this transfer. Attention: with most airlines the booking is not transferable within a period of 6 weeks before departure.

Page 3: GENERAL TERMS AND CONDITIONS - Dolphin Trips · 2018. 7. 30. · health care which are necessary for the trip and stay, so the travelers can supply all the necessary documents. Travelers

Article 9 : Other changes by the traveler If the traveler requests another change, Secret Soul may charge all costs that are caused by this. With Secret Soul, changes are accepted to the extent possible, subject to payment of the following administration costs per person:

a. up to 6 weeks before departure : 100€ b. from 6 weeks before departure the cancellation costs apply (see article 13).

Changes mean: change of the travel date Article 10 : Modification by Secret Soul before the departure

1) If, before the start of the journey, one of the essential points of the contract can not be performed, Secret Soul must inform the traveler as soon as possible, and in any case before departure, and inform him about the possibility to terminate the contract without costs, unless he accepts the modification proposed by Secret Soul.

2) The traveler must inform Secret Soul of his decision as soon as possible, and in any case before departure.

3) If the traveler accepts the change, a new contract or an addendum to the contract must be drawn up stating the changes made and their influence on the price.

4) If the traveler does not accept the change, he may request the application of article 11. Article 11 : Termination by Secret Soul before the departure

1) If, before the start of the trip, Secret Soul terminates the contract because of a circumstance that can not be attributed to the traveler, the traveler has the choice between:

a. or the acceptance of a new offer of a journey of equal or better quality, without having to pay a supplement; if the trip offered for replacement is of lesser quality, Secret Soul must refund the difference in price as soon as possible.

b. or the reimbursement, as soon as possible, of all amounts determined by him under the contract.

2) The traveler may also, if applicable, claim compensation for non-performance of the contract, unless:

a. Secret Soul cancels the trip because the minimum number of passengers, provided for in the contract and necessary for the execution of the trip, has not been reached and the traveler, within the period stipulated in the contract and at least 15 calendar days before the departure date, has been informed in writing;

b. The cancellation is the result of force majeure, whereby overbooking is not included. By force majeure is meant: abnormal and unforeseen circumstances that are independent of the will of those who invoke it and of which the consequences could not be avoided despite all precautionary measures. Secret Soul decides no later than 1 month before departure whether or not a group trip will continue due to under-occupation

Article 12 : Total or partial non-execution of the trip

1) If during the trip it appears that an important part of the services to which the contract relates can not be carried out, Secret Soul takes all necessary measures to offer the traveler suitable and free alternatives with a view to the continuation of the journey.

2) If there is a difference between the intended and actual services provided, he compensates the traveler for the amount of this difference.

3) If such arrangement proves impossible or if the traveler does not accept these alternatives for good reasons, Secret Soul must provide him with an equivalent means of transport that will take him back to the place of departure and, if applicable, compensate the traveler.

Page 4: GENERAL TERMS AND CONDITIONS - Dolphin Trips · 2018. 7. 30. · health care which are necessary for the trip and stay, so the travelers can supply all the necessary documents. Travelers

Article 13 : Cancellation by the traveler The traveler may at any time terminate the contract in whole or in part. If the traveler breaks the contract due to a circumstance to be attributed to him, he will compensate the loss that Secret Soul can suffer as a result of the breach. The compensation can be fixed at a lump sum in the special conditions or in the travel program, but may not exceed the price of the trip. The compensation in the event of cancellation by the traveler was fixed by Fixed Soul as follows:

a. up to 6 weeks before departure : 40% of the total travel sum b. from 6 weeks to 3 weeks before departure : 70% of the total travel sum c. from 3 weeks before departure : 100% of the total travel sum.

Article 14 : Liability of Secret Soul

1) Secret Soul is liable for the proper execution of the contract, in accordance with the expectations that the traveler may have on the basis of the provisions of the contract to travel organization, and for the obligations arising from the contract, irrespective of whether these obligations can be fulfilled by him or by other providers of services and without prejudice to the right of Secret Soul to address these other providers of services.

2) Secret Soul is just as liable for the acts of negligence of its appointees and representatives acting in the exercise of their duties as for its own actions and negligence.

3) If an international treaty applies to a service included in the travel organization contract, the liability of Secret Soul in accordance with that treaty is excluded or limited.

4) As far as Secret Soul itself does not provide the services provided in the travel contract, its liability for material damage and the compensation for the loss of travel enjoyment is limited to twice the travel sum.

5) For the rest, Articles 18 and 19 of the Law of 16 February 1994 apply. Article 15 : Liability of the traveler The traveler is liable for the damage that Secret Soul, their appointees and / or representatives incur as a result of his mistake, or when he has not fulfilled his contractual obligations. The error is judged according to the normal behavior of a traveler. Article 16 : Complaints regulation

1) Before departure: if the traveler has a complaint before departure, he must submit this as soon as possible by registered letter or against receipt to Secret Soul.

2) During the trip: complaints during the execution of the contract must be reported by the traveler as quickly as possible on the spot, in an appropriate and conclusive manner, so that a solution can be found. For this he must - in this order - turn to a representative of Secret Soul.

3) After the trip: if a complaint on the spot was not resolved satisfactorily or if the traveler could not possibly formulate a complaint on the spot, he must file a complaint at the latest 1 month after the end of the travel contract with Secret Soul by registered letter or proof of receipt.

Page 5: GENERAL TERMS AND CONDITIONS - Dolphin Trips · 2018. 7. 30. · health care which are necessary for the trip and stay, so the travelers can supply all the necessary documents. Travelers

Article 17 : Reconciliation procedure

1) In the event of a dispute, the parties must first seek mutual agreement. 2) If this attempt at amicable settlement fails within a period of 1 to 3 months, then each of the

parties involved can request the secretariat of the Cel Verzoening of the VZW Geschillencommissie Reizen, to start a conciliation procedure. All parties must agree to it.

3) To this end, the secretariat will provide the parties with an information brochure, a reconciliation regulations form and an "agreement for reconciliation". Once the parties have completed and signed this agreement (jointly or separately), and as soon as each party has paid an amount of 50 euros, the conciliation procedure will be started.

4) In accordance with the simple procedure described in the rules, an impartial conciliator will then contact the parties in order to seek fair reconciliation between the parties.

5) Any agreement reached will be laid down in a binding written agreement. Secretary of the “Cel Verzoening” Koning Albert II laan 16 1000 BRUSSELS e-mail : [email protected]

Article 18 : Arbitration or Court

1) If no conciliation procedure is instituted or fails, the demanding party has the choice between a procedure before the ordinary court or an arbitration procedure before the Travel Disputes Committee. (Geschillencommissie Reizen)

2) For amounts claimed starting from EUR 1,250, each defendant has a period of 10 calendar days to refuse an arbitration procedure requested by the demanding party by registered mail, after which the dispute can be brought before the ordinary court. Under 1,250 euros the possibility to refuse the arbitration procedure is only open to the traveler.

3) This arbitration procedure is governed by a disputes regulation, and can only be started after no amicable settlement could be reached within a period of 4 months following the (planned) end of the trip (or possibly from the performance that gave rise to the dispute). Disputes concerning bodily injury can only be settled by the courts.

4) The jointly composed arbitral tribunal, in accordance with the disputes regulations, decides on the travel dispute in a binding and definitive manner. No appeal is possible against this. Secretary of the Arbitral College & General Secretary of the Geschillencommissie Reizen Koning Albert II laan 16 1000 BRUSSELS e-mail : [email protected]

Page 6: GENERAL TERMS AND CONDITIONS - Dolphin Trips · 2018. 7. 30. · health care which are necessary for the trip and stay, so the travelers can supply all the necessary documents. Travelers

SPECIAL TRAVEL TERMS AND CONDITIONS Dolphin Trips Secret Soul

If these Special Terms and Conditions conflict with the General Terms and Conditions, then it is always the Special Conditions that apply: Article 1 : Travel time and program

1) Changes in the timetable of carriers may affect the duration of travel. The traveler is not entitled to a full or partial refund of the travel sum if the departure times, as a result of changes, do not deviate more than 36 hours from the original time.

2) Secret Soul carries no greater liability than the carrier himself for damage resulting from delays. 3) The detailed practical information sheets have the character of a travel brochure and are not

part of the contract. The photos in the brochure are illustrative and do not form part of the contract.

4) Participants must join the group at the agreed time and place. Any costs due to not (timely) joining the trip are for the account of the traveler. Unavailability of services, due to the late joining of the group, are not refundable.

5) The traveler who deviates from the programmed or proposed route during the journey or who withdraws from the guidance and therefore is not present at the agreed times, bears the liability for all extra costs this entails, and is not entitled for refund of non-enjoyed services.

Article 2 : Nature of the trip

1) The traveler explicitly confirms that he is aware of the adventurous nature of the trip, with the accompanying basic comfort and with the possible program changes as a result of local circumstances in the visited country.

2) In view of the nature of this trip, the traveler must be aware of some risks and possibly a lack or sometimes limited level of medical assistance, infrastructure and means of communication. The traveler can not in any way claim the liability of Secret Soul or the local executors.

Article 3 : Dissolution and modification by Secret Soul

1) The adventurous nature of the offered trip may entail that adjustments must be made to the travel program before or during the trip.

2) Adjustments before departure may include departure from another airport, traveling with another carrier, etc. In such a case, Secret Soul undertakes to limit the possible adverse consequences for the traveler as much as possible.

3) If during the trip a program change is imposed by factors independent of the will of Secret Soul, the tour leader concerned will look for an alternative, taking into account the wishes of the participants. The tour guide takes the final decision. The extra costs are for the account of the traveler.

4) Such adjustments in the travel program may in exceptional cases result in accommodations and local transport deviating from what is stated in the brochure. In that case, Secret Soul is obliged to offer the traveler alternatives that maintain the character of the journey as much as possible.

Page 7: GENERAL TERMS AND CONDITIONS - Dolphin Trips · 2018. 7. 30. · health care which are necessary for the trip and stay, so the travelers can supply all the necessary documents. Travelers

Article 4 : Liability of Secret Soul

1) Secret Soul is not liable for unforeseen events, arising from force majeure such as unforeseen changes in regulations, delays or cancellation of flights, accidents, strikes, epidemics, weather, war, etc., examples of which the enumeration is not restrictive. The associated costs are for the account of the traveler.

2) Nor shall Secret Soul be liable for any arrest by the police and / or other authority due to the traveler's failure to comply with regulations. All consequences are then for the account of the traveler.

3) Given the adventurous nature of the trip, the correctness of the services performed by third parties abroad will have to be judged according to local customs.

4) Secret Soul has the right to cancel the travel agreement, without being liable for any damage in case of force majeure, which means abnormal and unforeseen circumstances, which are independent of the will of the person who invokes it and whose consequences, despite all precautions could not be avoided. Force majeure includes: political unrest, war, natural disasters, scarcity, general strike, etc. When determining force majeure, the local circumstances to which the travel agreement relates will be taken into account.

5) The traveler must provide a valid international travel passport and any visa obligations, and all costs that this entails.

6) The traveler must be prepared for any vaccinations. Since Secret Soul has no medical authority, the traveler must evaluate the information provided with a qualified physician. Special health risks (such as diabetes, heart disease, asthma, epilepsy, etc.) must be signaled to Secret Soul at registration.

7) The passenger must be responsible for all formalities concerning baggage and foreign exchange. In case of non-compliance with the legal regulations of the country concerned, the resulting damage is for the account of the traveler.

Article 5 : Course of the journey

1) The traveler must follow the guidelines of Secret Soul in connection with the safety, the course of the journey, the group events and the condition. In case of violation of these guidelines, a traveler can be excluded from further participation without being entitled to claim compensation or reimbursement of part or all of the travel sum.

2) If during the trip it turns out that someone does not or no longer have the required attitude or condition to continue the journey, Secret Soul can decide to return him / her to a hotel or to the place of departure. Discomfort and costs resulting from this are for the account of the traveler.

Article 6 : Luggage 1) Secret Soul is not liable for loss, theft or damage to luggage. However, the possible liability of

carriers or place of stay is maintained. 2) The advice on permitted weight of the luggage must be followed. Any extra costs for overweight

are at the expense of the traveler. Article 7 : Age and name 1) Persons older than 70 years must present a medical certificate for the dolphin trip. 2) The traveler must pass on the name data as stated on his official identity documents. If an error

leads to additional costs (ticket, permit, visa), these are at the expense of the traveler.

Page 8: GENERAL TERMS AND CONDITIONS - Dolphin Trips · 2018. 7. 30. · health care which are necessary for the trip and stay, so the travelers can supply all the necessary documents. Travelers

Article 8 : Travel Disputes Committee – Geschillencommissie Reizen 1) Only Belgian law applies to all agreements 2) For complaints for which the Travel Disputes Committee is not competent, only the courts in

Mechelen / Turnhout (Belgium) are competent. Article 9 : Photo material Photos and videos taken during the trip can be used in the communication of Secret Soul. These can also be photos that travelers are on. If the traveler does not want this, he / she can notify this by registered post to : Secret Soul Dorp 67/0002 B - 2288 BOUWEL Article 10 : Special requests Please mention special requests at the conclusion of the contract. Secret Soul will accept the traveler's request, in the sense that Secret Soul will make every effort to accommodate this. Secret Soul can not guarantee that every request can be met. Requests for single use of a cabin can be allowed, subject to a 100% surcharge. Article 11 : Testimonials Testimonials, anonymously or with name, as recorded on the evaluation forms, can be used in the communication of Secret Soul. If the traveler does not wish so, he must explicitly state this in the evaluation form.