General travel conditions of the Travel Disputes Committee for package tour agreements.
These general terms and conditions apply to package travel contracts booked from July 1, 2018 and are governed by the Law on the Sale of Package Travel, Linked Travel Arrangements and Travel Services of November 21, 2017.
2.1
Contour Travel and also the reseller shall provide the traveler, prior to being bound by a package tour contract, with the standard information required by law, as well as, to the extent applicable to the package tour:
2.2
The professional shall ensure that the appropriate standard information form is provided to the traveler.
2.3
The pre-contractual information provided to the traveler is an integral part of the package tour contract.
It cannot be modified unless mutually agreed to by the parties.
3.1
The person entering into the package tour contract must provide Contour Travel and the reseller with all useful information concerning himself and his fellow travelers that may be relevant to the conclusion or performance of the contract.
3.2
If the traveler provides false information and this results in additional costs to Contour Travel and/or reseller, those costs may be charged.
4.1
At the conclusion of the package travel contract or within a reasonable time, Contour Travel or if a reseller is involved, the latter shall provide the traveler with a confirmation of the contract on a durable data medium, such as e.g. an e-mail, a paper document or a pdf.
In case the package travel contract is concluded in the simultaneous physical presence of the parties, the traveler is entitled to request a paper copy.
4.2
The package travel contract or confirmation thereof shall contain the entire contents of the contract, including all the information mentioned in Article 2 and the following information:
4.3
In good time before the start of the package tour, Contour Travel provides the traveler:
5.1
After the conclusion of the package travel contract, prices may be increased only if the contract expressly provides for this. In this case, the package travel contract will specify how the price revision will be calculated.
Price increases are allowed only as a direct result of changes in:
If a price increase is anticipated, the traveler is entitled to a price reduction for a decrease in the costs listed above.
5.2
If the increase exceeds 8% of the total price, the traveler may cancel the contract without cancellation fee.
5.3
A price increase is only possible if Contour Travel notifies the traveler no later than twenty days before the start of the package tour via a durable data medium, such as e.g. an email, a paper document or a pdf, stating a justification for that price increase and a calculation.
5.4
In the event of a price reduction, Contour Travel shall be entitled to deduct the administrative costs from the refund due to the traveler. If the traveler so requests, Contour Travel shall substantiate such costs.
6.1
Unless otherwise agreed, the traveler, at the conclusion of the package travel contract, pays as an advance a portion of the total travel price as stipulated in the special conditions.
6.2
Unless otherwise agreed in the package travel contract, the traveler shall pay the balance of the price no later than 1 month before the departure date.
6.3
If the traveler, after prior notice has been given, fails to pay the advance or travel sum demanded of him, Contour Travel and/or reseller shall be entitled to terminate the contract with the traveler by operation of law, with the costs borne by the traveler.
7.1
The traveler may transfer the package tour contract to a person who meets all the conditions applicable to that contract provided that:
1° notify Contour Travel and possibly the reseller as soon as possible and no later than 7 days before the start of the package tour via a durable data medium, such as e.g. an e-mail, a paper document or a pdf, and
2° bears any additional costs arising from the transfer.
7.2
The one transferring the package tour and the one taking over the contract are jointly and severally liable for the payment of the amount still due and for any additional fees resulting from the transfer. Contour Travel shall notify the one who transfers the contract of the costs of the transfer.
If the traveler requests any other change, Contour Travel and/or the reseller who may respond may charge all costs incurred as a result.
9.1
Contour Travel cannot unilaterally change the terms of the package travel contract, except for price changes prior to the start of the package travel, unless:
1° Contour Travel has reserved this right in the contract, and
2° it is an insignificant change, and
3° Contour Travel notifies the traveler thereof via a durable data medium, such as e.g. an e-mail, a paper document or a pdf.
9.2
1° of the proposed changes and their effect on the price of the package tour;
2° of the possibility of terminating the agreement without charge, unless he accepts the proposed changes;
3° of the time limit within which he must notify Contour Travel of his decision;
4° of the fact that if he does not expressly accept the proposed change within the specified period, the contract will be automatically terminated, and
5° where appropriate, of the proposed substitute package tour and its price.
9.3
If the changes to the package tour contract or the replacement package tour have the effect of reducing the quality or cost of the package tour, the traveler is entitled to an appropriate price reduction.
9.4
If the package travel contract is cancelled pursuant to clause 9.2 and the traveler does not accept a replacement package travel, Contour Travel will refund to the traveler all amounts paid no later than fourteen days after the contract is cancelled.
10.1
Contour Travel may cancel the package tour agreement:
1° if the number of persons registered for the package tour is less than the minimum number specified in the contract and the traveler is notified by Contour Travel of the cancellation of the contract within the period specified in the contract, but no later than:
2° if he cannot execute the contract due to unavoidable and extraordinary circumstances and he informs the traveler before the start of the package tour that the contract is cancelled.
10.2
In these cases, Contour Travel will refund to the traveler all amounts received for the package tour without owing additional compensation.
11.1
The traveler may cancel the package tour contract at any time before the start of the package tour. Upon cancellation, the traveler may be required to pay a cancellation fee to Contour Travel.
The package travel agreement may set standardized cancellation fees based on the timing of cancellation prior to the start of the package travel and the expected cost savings and revenue from alternative use of the travel services.
If no standardized cancellation fees are established, the amount of the cancellation fee corresponds to the price of the package tour minus the cost savings and revenues from alternative use of the travel services.
11.2
However, if unavoidable and extraordinary circumstances occur at the destination which have a significant impact on the execution of the package tour or which have a significant impact on the passenger transport of the passengers to the destination, the traveler shall be entitled to cancel the package tour contract without payment of a cancellation fee. In the event of cancellation of the package travel contract under this article, the traveler shall be entitled to a full refund of all amounts paid for the package travel, but shall not be entitled to additional compensation.
11.3
Contour Travel will refund all amounts paid by or on behalf of the traveler, less the cancellation fee, no later than fourteen days.
12.1
The traveler shall notify Contour Travel without delay of any non-conformity found during the performance of any travel service included in the package travel contract.
12.2
If any of the travel services are not performed in accordance with the package travel contract, Contour Travel will remedy that nonconformity, unless:
1° is impossible, or
2° disproportionately high costs, taking into account the degree of non-conformity and the value of the travel services in question.
If Contour Travel does not remedy the non-conformity, the traveler is entitled to a price reduction or compensation in accordance with Article 15.
12.3
If Contour Travel does not remedy the non-conformity within a reasonable time determined by the traveler, the traveler has the option to do so himself and request reimbursement of the necessary expenses. It is not necessary for the traveler to set a deadline if Contour Travel refuses to remedy the non-conformity, or if an immediate solution is required.
12.4
If a significant portion of the travel services cannot be provided, Contour Travel will offer, at no additional cost to the traveler, other arrangements of, if possible, equal or higher quality.
If the other proposed arrangements result in a lower quality package tour, Contour Travel will grant the traveler an appropriate price reduction.
The traveler may reject the other proposed arrangements only if they are not comparable to what was agreed upon in the package travel contract, or if the price reduction granted is insufficient.
12.5
If the non-conformity has a significant impact on the performance of the package tour and Contour Travel has not remedied it within a reasonable period set by the traveler, the traveler may cancel the package tour contract without payment of a cancellation fee and, where applicable, request a price reduction and/or compensation. If the package tour includes passenger transportation, Contour Travel also provides for repatriation of the traveler.
If no other arrangements can be proposed or the traveler rejects the other proposed arrangements, the traveler is entitled to a price reduction and/or compensation, where applicable, even without cancellation of the package travel contract.
12.6
If, due to unavoidable and extraordinary circumstances, the return of the traveler as agreed in the package tour contract cannot be provided, Contour Travel will bear the cost of the necessary accommodation, for a maximum of three nights per traveler.
12.7
The limitation of costs referred to in 12.6 does not apply to persons with reduced mobility, to persons accompanying them, to pregnant women, to unaccompanied minors and to persons requiring specific medical assistance, provided that Contour Travel has been notified of their special needs at least 48 hours before the start of the package trip.
12.8
Contour Travel may not invoke unavoidable and extraordinary circumstances to limit liability if the carrier concerned cannot invoke them under applicable Union law.
12.9
The traveler may address messages, requests or complaints relating to the performance of the package tour directly to the reseller from whom he purchased the package tour. The reseller shall transmit such messages, requests or complaints to Contour Travel without delay.
The traveler is liable for damages incurred by Contour Travel and or reseller, their appointees and/or representatives due to his fault, or when he has not fulfilled his contractual obligations.
14.1
Contour Travel is liable for the performance of the travel services included in the package travel contract, regardless of whether these services are provided by Contour Travel or by other travel service providers.
14.2
In case Contour Travel is established outside the European Economic Area, the obligations for organizers apply to the reseller established in a member state, unless the reseller proves that Contour Travel meets the conditions prescribed by the law of November 21, 2017.
15.1
The traveler is entitled to an appropriate price reduction for any period during which there was non-conformity of the services provided, unless Contour Travel proves that the non-conformity was due to the traveler.
15.2
The traveler is entitled to appropriate compensation from Contour Travel for all damages incurred as a result of non-conformity. The compensation shall be paid without delay.
15.3
The traveler is not entitled to compensation if Contour Travel proves that the non-conformity is due to:
1° the traveler;
2° a third party not involved in the performance of the travel services included in the package travel contract, and the non-conformity could not be foreseen or prevented, or
3° unavoidable and extraordinary circumstances.
16.1
Contour Travel provides appropriate assistance to the traveler in difficulty without delay, in particular by:
1° provide useful information on medical services, local authorities and consular assistance;
2° assist the traveler in using remote communication and in finding other travel arrangements.
16.2
If the difficulties are the result of intent or negligence on the part of the traveler, Contour Travel may seek compensation for such assistance. Such compensation shall in no case exceed the actual costs borne by Contour Travel.
17.1
If the traveler has a complaint before departure, he must report it to Contour Travel or the reseller in an evidential manner as soon as possible.
17.2
Complaints during the performance of the package tour contract must be reported by the traveler as soon as possible on the spot, in an appropriate and probative manner, to Contour Travel or reseller, so that a solution can be sought.
17.3
If a complaint was not satisfactorily resolved on site or it was impossible for the traveler to formulate a complaint on site, then after the end of the travel contract he must file a complaint without delay with Contour Travel or the reseller in an evidential manner.
18.1
In case of dispute, the parties should first seek an amicable settlement among themselves.
18.2
If this attempt at amicable settlement fails, any of the parties involved may ask the non-profit Travel Disputes Committee to initiate a conciliation procedure. All parties must agree.
18.3
To this end, the Secretariat will provide the parties with reconciliation rules and a "reconciliation agreement."
18.4
In accordance with the procedure described in the Rules, an impartial conciliator will then contact the parties in order to pursue a fair reconciliation between the parties.
18.5
Any agreement reached will be recorded in a binding written agreement.
19.1
If conciliation proceedings are not instituted or fail, the claimant may, if it so desires, institute arbitration proceedings before the Travel Disputes Committee or commence proceedings in court.
19.2
The traveler can never be obliged to accept the jurisdiction of the Travel Dispute Committee, either as a plaintiff or defendant.
19.3
Contour Travel or reseller who is the defendant may refuse arbitration only if the amount claimed by the plaintiff exceeds 1,250 euros. He has a period of 10 calendar days after receipt of the registered letter or e-mail with acknowledgement of receipt indicating that a file with a claim of more than 1,251 Euros has been opened with the Geschillencommissie Reizen.
19.4
This arbitration procedure is governed by dispute regulations and may only be initiated after a complaint has been lodged with the company itself, and this as soon as it has been established that the dispute could not be settled amicably or as soon as four months have passed since the (anticipated) end of the trip (or possibly from the service that gave rise to the dispute). Disputes concerning bodily injury can only be settled by the courts.
19.5
The joint arbitral tribunal shall, in accordance with the dispute regulations, rule on the travel dispute in a binding and final manner. No appeal is possible against this.
telephone: 02 277 62 15 or 02 277 61 80 (9 a.m. to noon) ; fax: 02 277 91 00
City Atrium, Vooruitgangstraat 50, 1210 Brussels
email: reisgeschillen@clv-gr.be
1/2/2018