General terms and conditions for our Colombian Tours

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 Article 1 Scope of applicationThese general terms and conditions apply to travel organization and travel mediation contracts as defined in the Belgian law of 16 February 1994 regulating travel organization and travel mediation contracts.

Article 2 Promotion

1. The information in the travel brochure is binding on the tour operator or travel agent who issued the brochure, unless: a) changes to this information are clearly communicated to the traveller in writing and before the contract is concluded; the brochure must expressly state this; b) changes occur subsequently as a result of a written agreement between the parties to the contract.
2. The tour operator and/or travel agent may cancel all or part of its travel promotion for a specific or indefinite period.

Article 3 Information from the tour operator and/or travel agentThe tour operator and/or travel agent are obliged:

1. to inform travellers in writing before concluding the travel organisation or travel agency contract:
   a) general information concerning passports and visas and the formalities regarding health care that are necessary for the journey and stay, so that travellers can arrange the necessary documents. Travellers of non-Belgian nationality must enquire with the relevant embassy(ies) or consulate(s) about the administrative formalities they must complete; 
   b) information about taking out and the content of a cancellation and/or assistance insurance;
   c) the general and special conditions applicable to the contracts.
2. at least 7 calendar days before the departure date, to provide the following information to the travellers in writing:
   a) timetables and stopovers and connections as well as, if possible, the seat to be occupied by the traveller;
   b) name, address, telephone number, fax number and/or e-mail address of either the local representative of the tour operator and/or agent, or the local authorities that can help the traveller in the event of difficulties, or directly the tour operator or the tour operator.
   c) For journeys and stays abroad by minors, information enabling direct contact with the child or with the person locally responsible for his or her stay.
3. The above-mentioned period of 7 calendar days does not apply in the event of a contract concluded late.

Article 4 Information from the travellerThe traveller must provide the tour operator and/or travel agent with all useful information that is expressly requested or that could reasonably have an influence on the smooth running of the trip. If the traveller provides incorrect information and this leads to additional costs for the tour operator and/or travel agent, these costs may be charged.

Article 5 Conclusion of the contract

1. When booking the trip, the travel agent or organiser is obliged to hand over an order form to the traveller in accordance with the law.
2. The travel organisation contract is concluded at the moment that the traveller, whether or not via the travel agent acting on behalf of the travel organiser, receives written confirmation of the booked trip from the travel organiser.
3. If the content of the order form differs from that of the travel confirmation or if confirmation is not received within 21 days of signing the order form, the traveller may assume that the trip has not been booked and the traveller is entitled to immediate reimbursement of all amounts already paid.

Article 6 The Price

1. The price agreed in the contract may not be revised unless this is expressly provided for in the contract together with the precise method of calculation, and insofar as the revision is the result of a change in:
   a) the exchange rates applied to the trip and/or
   b) the transport costs, including fuel costs and/or
   c) the levies and taxes due for certain services. In that case, the condition must be met that the said changes will also give rise to a reduction in the price.
2. The price set 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 traveller may terminate the contract without compensation. In this case, the traveller is entitled to immediate reimbursement of all amounts paid to the tour operator.

Article 7 Payment of the travel sum

1. Unless expressly agreed otherwise, the traveller shall pay, upon signing the order form, as a deposit, a portion of the global or total travel sum as determined in the special travel conditions.
2. If the traveller, after having been given prior notice of default, fails to pay the advance payment or the travel sum demanded of him, the tour operator and/or travel agent will have the right to terminate the agreement with the traveller by operation of law, with the costs being borne by the traveller.
3. Unless otherwise agreed on the order form, the traveller shall pay the balance of the price no later than 1 month before the departure date, and on condition that the written travel confirmation and/or travel documents are provided to him beforehand or at the same time.

Article 8 Transferability of the booking

1. The traveller may, before the start of the journey, transfer his journey to a third party, who must comply with all the conditions of the travel organisation contract. The transferor must inform the travel organiser and, where applicable, the travel agent, of this transfer in good time before departure.
2. The transferring traveller and the transferee are jointly and severally liable for payment of the total price of the trip and the costs of the transfer.

Article 9 Other changes by the travellerIf the traveller requests another change, the tour operator and/or intermediary may charge all costs incurred as a result.

Article 10 Changes by the tour operator before departure

1. If, before the start of the trip, one of the essential points of the contract cannot be performed, the tour operator must inform the traveller as soon as possible, and in any event before departure, and inform him of the possibility of terminating the contract without charge, unless he accepts the change proposed by the tour operator.
2. The traveller must inform the travel agent or tour operator of his decision as soon as possible, and in any case before departure.
3. If the traveller accepts the change, a new contract or an addendum to the contract must be drawn up stating the changes made and their impact on the price.
4. If the traveller does not accept the change, he may request the application of Article 11.

Article 11 Cancellation by the tour operator before departure

1. If the tour operator terminates the contract before the start of the trip due to a circumstance not attributable to the traveller, the traveller has the choice between:
   1) either accepting a new offer of a trip of equal or better quality, without having to pay a supplement: if the trip offered as a replacement is of lower quality, the tour operator must refund the difference in price as soon as possible.
   2) or reimbursement, as soon as possible, of all amounts paid by him under the contract.
2. The traveller may also, where appropriate, claim compensation for non-performance of the contract, unless:
3. a) the tour operator cancels the trip because the minimum number of travellers, stipulated in the contract and necessary for the execution of the trip, was not reached and the traveller was informed of this in writing within the period stipulated in the contract and at least 15 calendar days before the departure date;
   b) the cancellation is the result of force majeure, which does not include overbooking. Force majeure means abnormal and unforeseeable circumstances that are beyond the control of the person invoking them and the consequences of which could not have been avoided despite all precautions.

Article 12 Cancellation and changes by the traveller

1. In case of cancellation, the compensation mentioned below must in any case be paid by the traveller, even if the cancellation is due to chance or force majeure.
2. Cancellation fees vary depending on the time of cancellation. The exact date of cancellation is determined by the date of receipt by the tour operator. All amounts are indicated per person.
3. Cancellation policy: – Up to 30 days before the trip: 70% refund – Between 30 and 20 days before the trip: 50% refund – Less than 20 days before the trip: 100% of the costs will be charged.
4. Changes to a booked trip will be accepted subject to payment of the costs below, in addition to the normal price adjustment. For example: up to 30 days before departure: €150 per person; less than 30 days: €250 per person.

Article 13 Cancellation by the travellerThe traveller may at any time terminate the contract in whole or in part. If the traveller terminates the contract due to circumstances attributable to him, he shall compensate the damage suffered by the tour operator and/or intermediary as a result of the termination. The compensation may be determined as a lump sum in the special conditions or in the travel programme, but may not exceed the price of the trip.

An early departure from or a late arrival at the holiday destination may under no circumstances give rise to a claim for reimbursement or any other
right. No reimbursement is provided for days spent in hospital or in the event of death for days not taken.Article 14 Liability of the tour operator

1. The tour operator is liable for the proper performance of the contract, in accordance with the expectations that the traveller may reasonably have on the basis of the provisions of the travel organisation contract, and for the obligations arising from the contract, regardless of whether these obligations are to be performed by the tour operator himself or by other service providers, and this without prejudice to the right of the tour operator to hold these other service providers liable.
2. The tour operator is liable for the acts and omissions of its employees and representatives acting in the exercise of their duties as much as for its own acts and omissions.
3. If an international treaty applies to a service included in the travel organisation contract, the tour operator's liability shall be excluded or limited in accordance with that treaty.
4. To the extent that the tour operator does not itself provide the services provided for in the travel contract, its liability for material damage and compensation for loss of enjoyment of the trip are together limited to twice the travel price.
5. For the rest, Articles 18 and 19 of the Act of 16 February 1994 apply.

Article 15 Liability of the travellerThe traveller is liable for the damage suffered by the tour operator and/or agent, their employees and/or their representatives due to his fault, or when he has not fulfilled his contractual obligations. The fault will be assessed according to the normal behaviour of a traveller.

Article 16: Timetables
The stated timetables are indicative. The traveller must take into account in all circumstances that these can be changed both before and during the trip.

Article 17 Complaints procedure

1. Before departure: If the traveller has a complaint before departure, he must submit it as soon as possible by registered letter or against acknowledgement of receipt to the travel agent and/or tour operator.
2. During the trip: Complaints during the performance of the contract must be reported by the traveller as soon as possible on site, in an appropriate and demonstrable manner, so that a solution can be sought. To do so, he must – in this order – contact a representative of the tour operator, or a representative of the travel agent or directly to the travel agent, or finally directly to the tour operator.
3. After the trip: If a complaint was not satisfactorily resolved on site or if it was impossible for the traveller to formulate a complaint on site, he must submit a complaint to the travel agent or otherwise to the tour operator by registered letter or against acknowledgement of receipt no later than one month after the end of the travel agreement.

Article 18 Conciliation procedure

1. In the event of a dispute, the parties must first seek an amicable settlement among themselves.
2. If this attempt at an amicable settlement fails within a period of 1 to 3 months, then each of the parties involved can ask the secretariat of the Cell Reconciliation of the vzw Geschillencommissie Reizen to start a reconciliation procedure. All parties must agree to this.
3. To this end, the secretariat will provide the parties with an information brochure, a conciliation regulation and a “conciliation agreement”. Once the parties involved have completed and signed this agreement (jointly or separately), and once each party has paid an amount of 50 euros, the conciliation procedure will be initiated.
4. In accordance with the simple procedure described in the rules, an impartial conciliator will then contact the parties in order to seek a fair reconciliation between the parties.
5. Any agreement reached will be recorded in a binding written agreement.
   
   Secretariat of the “Cell Reconciliation”:

• Phone: 02/206.52.38
• Fax: 02/206.57.74
• E-mail:  redactie.gr@skynet.be

Article 19 Arbitration or Court

1. If no reconciliation procedure is initiated or if it fails, the claimant may in principle choose between proceedings before the ordinary court or arbitration proceedings before the Travel Disputes Committee.
2. For the claimed amounts of 1250 euros or more, each defending party may refuse arbitration proceedings by registered letter to the claimant. To do so, they have a period of 10 calendar days after receipt of the registered letter indicating that a file with a claim of 1250 euros or more has been opened with the Travel Disputes Committee. For amounts below 1250 euros, the option to refuse arbitration proceedings is only open to the traveller.
3. This arbitration procedure is governed by a dispute regulation and can only be initiated if no amicable settlement could be reached within a period of 4 months following the (anticipated) end of the trip (or possibly from the service that gave rise to the dispute). Disputes regarding physical injuries can only be settled by the courts.
4. The parity-based arbitration board shall, in accordance with the dispute regulations, render a binding and final decision on the travel dispute. No appeal shall be possible against this decision.
5. Secretariat of the Arbitration Board and General Secretariat of the Travel Disputes Committee:
   
   Telephone: 02/206 52 37 (9am to 12pm)
   Fax: 02/206 57 74 – Koning Albert II laan 16, 1000 Brussels
   E-mail:  clv.gr@skynet.be