General terms and conditions of sale – Outspot Travel

Article 1: Area of application

These general terms and conditions are applicable to the contracts to arrange travel within the meaning of the Belgian Law of 16 February 1994 governing contracts for the organisation of travel.

Article 2: Promotional campaign

1. The information on the voucher binds the travel organiser that issued the promotional offer, unless:
a) the traveller is clearly notified of amendments to these details in writing prior to the contract being concluded.
b) amendments occur at a later date that result from a written agreement between the contracting partners.
2. The travel organiser can annul, for an indefinite or definite period, the whole or a part of its promotional travel offer.

Article 3: Performance

The contract performance entails one or more elements, being:

- Air transport

Liability on the part of airline companies is generally limited by the national or international law applicable to them or by their special terms and conditions. The purchaser must peruse the general terms and conditions of sale of the partner-airline companies.
The airline company can change departure and arrival times, intermediate stops and/or the airport.
In accordance with international conventions, connecting transport is not insured, and so we recommend that purchasers do not have any other plans on the dates of the outward and return flights or the day thereafter.
OUTSPOT draws the attention of the purchasers to their obligation to comply with all safety instructions issued by the airline company, in particular with respect to check-in times at the airport and the objects that may be carried aboard.
Some airline companies limit the amount of baggage and/or its weight. All excess weight is payable by the purchaser. On the other hand, with respect to the value of the luggage the airline company shall only reimburse the purchaser up to that sum provided for in international conventions in the event of the loss of or damage to the luggage. For that reason, we recommend that the purchaser take out an insurance policy for the sum corresponding to the value of the objects he/she is transporting.
The airline company is entitled to prevent pregnant women from boarding an airplane.
When transportation does not fall under the contract performance, then the reservation and provision of transport is the exclusive responsibility of the purchaser. OUTSPOT cannot be held liable in the event of delays, cancellations or changes to the transportation that the purchaser has arranged outside of the contract performance.

– Cruises

OUTSPOT cannot be held liable should the captain deliberately choose to delay the departure of the ship, the original route, to deny embarkation to a passenger or to transfer one or more passengers to another ship while en route in the interest of the ship and the passengers.
The captain may likewise alter the route of the cruise and employ all safety measures that he/she considers to be beneficial, in particular due to, but not restricted to, meteorological reasons.
Decisions taken by the captain can under no circumstances be deemed as unilateral amendments to the contract or as the non-performance of the contract. In those cases referred to above, OUTSPOT shall not award a refund or a discount to the purchaser.
The purchaser is obliged to comply with hours for which the ship is berthed.
The shipping liner can reserve the right to decline a passenger if that passenger has dangerous products or objects in his/her possession such as, but not limited to, controlled substances, firearms, explosives, oxygen, flammable products, etc. OUTSPOT cannot be held responsible if the purchaser does not comply with the rules imposed by the shipping liner during the cruise. In that event OUTSPOT shall under no circumstances issue refunds.
OUTSPOT cannot be held liable for the theft or loss of the purchaser’s luggage. OUTSPOT shall under no circumstances issue refunds or pay compensation. OUTSPOT advises that purchasers take out, at their own initiative, insurance with a third-party insurance company in order to obtain compensation in the event of the loss or theft of their luggage.

– Accommodation

The terms and conditions for accommodation are here expressly set out within the context of detailing the contract performance.
The duration of the stay or the trip is expressed in nights or in days.
The times of arrival and departure for the accommodation are determined in the terms and conditions of each partner. The purchasers must consequently enquire directly from the partners in respect of the departure and arrival terms.
Certain activities that are normally offered by the partner may be unavailable out of season.
OUTSPOT draws the purchaser’s attention to the fact that the classifications generally provided in the number of stars above a deal are created on the basis of local standards and do not commit OUTSPOT to anything whatsoever: they are provided solely for informational purposes. It is up to the purchaser to enquire as to the quality of the services offered by the partner.

– Restaurant

The meals included in the contract performance are explicitly stated on OUTSPOT’s website.
All further refreshments are payable by the purchaser and must be immediately paid for at the partner in question.

– Additional services

The contract performance could include additional services involving ‘relaxation’ or ‘wellness ´. Such services are clearly specified in the special offer description. Any request to the partner to provide additional services is payable by the purchaser.

Article 4: Information received from the travel organiser:

The travel organiser is obliged:
1. to inform the travellers of the following before the travel organisation contract is concluded:
a) the general information concerning passports and visas and the necessary formalities in respect of healthcare required prior to and during the stay, so that travellers can see to the necessary documentation. Travellers who are not Belgian or Dutch nationals must enquire from the relevant embassy or embassies or consulate or consulates as to which administrative formalities they are required to perform;
b) information on taking out and the content of cancellation insurance and/or breakdown insurance;
c) the general and special terms and conditions applicable to the contracts.
2. provide the following information in writing to the travellers prior to the date of departure:
a) timetables and layovers and connections as well as, where possible, the place where the traveller must be;
b) the name, address, telephone number, fax number and/or email address of the travel organiser’s local representative, or of the local bodies that can assist the traveller in the event of difficulties, or of the travel organiser;
c) If minors are travelling and staying abroad, the information allowing the child or the person responsible for the child’s stay at that location to be contacted directly.

Article 5: Information to be supplied by the traveller

The traveller must supply the travel organiser with all information explicitly requested of him/her or that could reasonably be expected to affect the travel. Should the traveller provide incorrect information and such leads to additional costs for the travel organiser, those costs can be charged to the traveller.

Article 6: Formation of the contract

The contract for the organisation of travel is formed at the time that the traveller receives written confirmation of the booked trip from the travel organiser, whether or not such is via the travel agent acting on behalf of the travel organiser.

Article 7: Price

1. The price agreed to in the contract is not subject to review, unless such is explicitly provided for in the contract together with the precise manner in which that review shall be calculated, and insofar as that review is the result of a change to:
a) the exchange rates applied to the trip and/or
b) the transportations costs, including fuel costs, and/or
c) the levies and taxes payable for specific services. In that event the condition must be satisfied that the changes referred to also lead to the price decreasing.
2. The price determined in the contract may under no circumstances be raised within 20 calendar days of the date of departure.
3. If the increase is in excess of 10% of the total price, the traveller can terminate the contract, without such leading to compensation. If this occurs the traveller is entitled to the immediate refund of all the sums already payed to the travel organiser.

Article 8: Taxes

Specific additional taxes and/or costs, such as visitor and tourist taxes, could be imposed by the authorities of the destination country for the contract performance and are not included in the price of the contract performance. These additional taxes and/or charges are to be paid on location or prior to the purchaser departing.

Article 9: Deposit

The terms and conditions of the special offer could state that the partner requests a deposit from the purchaser as soon as the latter arrives on location. If a deposit is requested, the purchaser must pay such to the partner, and the failure to do so could lead to him/her being denied access to the reserved accommodation.
This deposit serves to compensate the partner for any damage and/or issues caused by the purchaser. Where applicable, Outspot shall under no circumstances refund the deposit received by the partner to the purchaser.
If no damage and/or issues are due to the purchaser, the partner shall repay the deposit to the purchaser at the conclusion of the stay after the accommodation (apartment, bungalow, chalet, room, etc) is inventoried.

Article 10: Purchaser’s insurance

No insurance is included in the prices of the contract performance offered by OUTSPOT.
We advise the purchaser to, at the time of ordering the trip, conclude an insurance agreement to cover the financial costs of cancelling the trip or the accommodation, in the event of the cancellation being due to his/her actions or in the event of falling ill or suffering an accident.

Article 11: Methods of payment

Payment is made exclusively on Outspot’s secured site.
The order is only accepted and confirmed once the full sum has been received and collected.
Outspot reserves the right to terminate or cancel the order if the purchaser does not pay for it or if payment issues arise.

Article 12: Transferability of the booking

1. The traveller can, prior to the trip commencing, transfer his/her trip to another party, but that other party is required to comply with all the terms and conditions of the contract for the organisation of travel. The transferor must inform the travel organiser of the transfer in good time prior to departure.
2. The transferor and transferee are held jointly and severally liable for the payment of the total price for the trips and for the transferral costs.

Article 13: Other changes introduced by the traveller

If the traveller requests other changes the travel organiser and/or the travel agent may charge all resultant costs to that party.

Article 14: Changes made by the travel organiser prior to the departure date

1. If, prior to the trip commencing, one of the material points of the contract cannot be performed, the travel organiser must inform the traveller thereof as soon as possible, and in any event before the departure date, and must inform him/her of the option to terminate the contract without incurring costs, unless he/she accepts the change proposed by the travel organiser.
2. The traveller must inform the travel organiser as soon as possible of his/her decision, and in any event prior to the departure date.
3. If the traveller accepts the change, a new contract or an addendum to the contract must be drawn up in which the introduced changes and their impact upon the price are set out.

Article 15: Termination by the travel organiser prior to the departure date

1. If the travel organiser terminates the contract prior to the departure date on the grounds of circumstances not attributable to the traveller, the traveller has the choice of: – either accepting a new offer for a trip of equal or better quality without being required to pay more; if the offered replacement trip is of lower quality then the travel organiser is required to refund the price difference as soon as possible. – or demanding the refund, as soon as possible, of all sums he/she has paid on the grounds of the contract.

Article 16: Whole or partial nonfulfillment of the contract

If it emerges during the trip that a significant component of the services to which the contract pertains shall not be able to be performed, the travel organiser shall take all necessary measures to offer the traveller suitable alternatives free of charge for the purpose of continuing the trip, or the travel organiser shall provide compensation at the value of the unperformed services.

Article 17: Termination on the part of the traveller

The traveller can wholly or partially terminate the contract at any time. If the traveller terminates the contract on grounds attributable to him/her, he/she is required to compensate the travel organiser for losses resulting from the termination. The compensation can be set at a flat rate in the special terms and conditions or in the itinerary, but cannot exceed the cost of the trip.

Article 18: Exclusion of the right of withdrawal:

Pursuant to the Royal Decree of 18 November 2002, the purchaser cannot exercise the right of withdrawal for coupons pertaining to the delivery of services for accommodation, transport, restaurants and leisure activities.
The purchaser is however free to, at his/her own initiative, take out cancellation insurance with a third-party insurance company in order to obtain compensation should he/she be compelled to cancel the order.

Article 19: Travel organiser’s liability

Article 20: Liability on the part of the traveller

The traveller is liable for any loss incurred by the travel organiser and/or agent, their employees and/or representatives that is due to the traveller, or when he/she does not comply with his/her contractual obligations. Fault is assessed on the basis of the standard conduct of a traveller.

Article 21: Complaints procedure

Prior to the departure date: 1. If the traveller has a complaint prior to the departure date he/she must submit it as soon as possible to the travel organiser by registered letter or by receipted delivery.
During the trip: 2. Complaints during the performance of the contract must be reported by the traveller as soon as possible on location, in an appropriate and substantive manner, so that a solution can be found. To that end he/she must - in the following sequence - approach the partner offering the service, approach a representative of the travel organiser, or directly approach the travel organiser.
After the trip: 3. If a complaint was not satisfactorily solved on location or the traveller was unable to submit a complaint while on location, then he/she must submit a complaint to the travel organiser by registered letter or by receipted delivery no later than one month after the conclusion of the travel contract.

Article 22: Reconciliation procedure

1. In the event of a dispute the parties must first endeavour to come to an amicable settlement between themselves.
2. If they are unable to reach an amicable settlement within a period of 1 to 3 months, then either of the parties can ask the Cel Verzoening of the Geschillencommissie Reizen non-profit organisation (Reconciliation Unit of the Travel Disputes Committee) to launch a reconciliation procedure. All parties must consent thereto.
3. For this purpose the secretariat shall provide the parties with an informational brochure, a set of rules for the reconciliation proceedings and an ‘agreement for reconciliation’. Once the parties have completed and signed this agreement (jointly or separately) and once each party has paid 50 euros, the reconciliation procedure shall commence.
4. Pursuant to the simple procedure set out in the rules, an impartial reconciler shall then contact the parties in an attempt to achieve an equitable reconciliation between the parties.
5. If an agreement is reached, it shall be set out in a binding agreement in writing. Secretariat of the Cel Verzoening: Koning Albert II Laan 16, 1000 Brussels, email: verzoening.gr@skynet.be

Article 23: Arbitration or Court proceedings

1. If a reconciliation procedure is not instituted or if it fails, then in principal the claimant has the option of bringing proceedings before a court or arbitration proceedings before the Geschillencommissie Reizen (Travel Disputes Committee).
2. For any sums demanded in excess of 1,250 euros, all defending parties have 10 calendar days to decline by registered letter arbitration proceedings brought by the claimant, after which the dispute can be brought before the courts. For sums of less than 1,250 euros, only the traveller may decline the arbitration proceedings Disputes pertaining to physical injuries can only be presided over by the courts.
4. The arbitral tribunal composed with equal representation shall, pursuant to the disputes regulations, pronounce in a definitive manner on the travel dispute. This ruling cannot be appealed. Secretariat of the arbitral tribunal and general secretariat of the Geschillencommissie Reizen: Koning Albert II Laan 16, 1000 Brussels, email: clv.gr@skynet.be