Termini e condizioni

Definitions:

The following definitions shall have the same meaning in the singular and the plural.

Belgassur”: Insurance broker trading under the name of Belgassur, and with corporate name D.R. Consulting GCV, having its registered office at 146 Elisabethlaan, 2600 Antwerp, company number 0877.067.565.

Order Form”: The Order Form within the meaning of Article 9 of the Travel Contracts Act. This applies also as travel confirmation within the meaning of Article 9 of the Travel Contracts Act.

Groep R”: The ordinary limited partnership Groep R, having its registered office at 43 Kapellaan, Box 1S, 8301 Knokke-Heist, company number 0895.268.032.

Groep R brochure”: Every brochure published by Groep R within the meaning of Article 5 of the Travel Contracts Act, irrespective of whether it is made available on paper or electronic medium.

Groep R website”: The website of Groep R, i.e. https://www.travel2galaxy.eu.

Contact Centre”: The Contact Centre of Groep R which can be reached by telephone at +32 3 238 44 48 every business day from 9:00 AM to 5:00 PM and/or by e-mail at info@travel2galaxy.eu.

Contract”: The agreement that the Traveller concludes with Groep R and which, depending on the nature of the service(s) which Groep R undertakes, is either a “travel organisation contract” or a “travel agency contract” both within the meaning of the Travel Contracts Act.

Service”: A service offered online, from a distance or via the Contact Centre, such as, but not limited to, the booking of travel and accommodation services, car rental, services on location, insurance and travel packages.

Service Provider”: A provider of Services such as an airline, hotel, tour operator, car rental company, insurance company or a provider of Services at the place of destination, with the exception of Groep R.

Happy2Ski”: One of the trading names of Groep R.

Lead Traveller”: The person who books services at Group R in his own name or for his own account or in the name and for the account of other persons who qualify as Travellers, and who may be part of the same booking.

NewYork4You”: one of the trading names of Group R.

Travel Contracts Act”: The Act of 14 February 1994 that governs the travel organisation and the travel agency contract.

Traveller”: Every person who enjoys the benefit of a commitment arising out of a Contract concluded through the agency of Groep R, irrespective of whether the Contract is concluded — or the price paid — by him or for him.

Tour Operator”: Every travel organiser within the meaning of the Travel Contracts Act, with the exception of Groep R.

Travel2Galaxy”: One of the trading names of Groep R.

Starting prices”: The price indication for the Services where the minimum price for the Service in question is used for a certain period and under certain conditions (e.g. “starting at €99” entails that the rate of €99 is available, for a certain period and under certain conditions). The applicable period and conditions are indicated together with the price.

Frequently Asked Questions”: the document entitled “Frequently Asked Questions” drawn up by Groep R, containing important additional travel information and useful travel tips for the Traveller as made available for perusal by the Traveller at the Groep R website and as amended from time to time.

Economic Law Code”: Volume VI of the Economic Law Code, as inserted by the Act of 21 December 2013 concerning the insertion of Volume VI “Market Practices and Consumer Protection” in the Economic Law Code.

Article 1 – Scope

These General Terms and Conditions of Travel of Groep R shall, together with the Order Form, constitute an integral part of the contract that the Traveller concludes with Groep R. If these should contain conflicting provisions, the Order Form shall always take priority over the General Terms and Conditions of Travel.

The Traveller acknowledges that he may only make use of the Services provided by Groep R ‘after having become cognisant of these General Terms and Conditions of Travel and having accepted them without reservation. The General Terms and Conditions of Travel of Groep R may be consulted at all times on the Groep R website. The Traveller may also receive, upon request, a copy of the General Terms and Conditions of Travel by e-mail or post, prior to booking. The Lead Traveller shall receive a copy of General Terms and Conditions of Travel of Group R by e-mail or by post upon booking.

In view of the importance thereof as regards the obligations of the parties, the Traveller is advised that, depending on the nature of the service(s) which Groep R undertakes, he is bound with the latter either by a “travel organisation contract” or by a “travel agency contract,” both within the meaning of the Travel Contracts Act. If Group R acts as a travel agent within the meaning of the Travel Contracts Act, the travel agency contract referred to in Article 23 of the Travel Contracts Act comprises the services that a Service Provider must carry out, without Groep R being required to provide those services itself. If Groep R acts as a travel agent and proceeds to termination within the meaning of Article 25 of the Travel Contracts Act, said termination shall pertain exclusively to the travel agency contract and not to the contract concluded by and between the Traveller and the Service Provider. Without prejudice to Article 2 of the Travel Contracts Act, if it acts as a travel agent, in the event of a reimbursement to the Traveller because of a change of the booking by a Service Provider, Groep R shall always be entitled to withhold the actual administrative costs payable.

The Services that are booked through the agency of Groep R shall be subject to the rules and restrictions of the Service Provider which Groep R shall communicate to the Traveller before the booking and which the Traveller also accepts at the time that he actually books. It is the Traveller’s responsibility to familiarise himself with the rules and restrictions of the Service Provider.

The General Terms and Conditions of Travel applicable on the Contract are those in force at the time the booking is made by the Traveller. Groep R reserves the right to amend the General Terms and Conditions of Travel, whereby such amendments shall not affect all existing, validly concluded Contracts.

Article 2 – Promotional offers

2.1.            All Groep R brochures shall be drawn up in good faith according to the information available to the editorial board at that time. Groep R reserves the right to make changes to said data, subject to informing the Lead Traveller in writing prior to the conclusion of the Contract. Groep R points out that promotional offers are in principle not combinable. The Traveller acknowledges and accepts that, if several promotional offers should be on offer at the same time, only the most advantageous offer for him shall apply, unless expressly stipulated otherwise.

2.2.            Groep R reserves the right to discontinue all or part of its travel promotional offer for a specified or unspecified period.

Article 3 – Information from Groep R

3.1.            General

All information provided by Groep R pursuant to this Article 3 shall be made available to the Lead Traveller. It is the exclusive responsibility of the Lead Traveller to obtain sufficient information from his travelling party before the booking, in order to be able to provide Groep R with all the necessary correct information. It is also the exclusive responsibility of the Lead Traveller to share all the information received from Groep R with the members of his travelling party. Groep R shall not be held liable if the Lead Traveller fails to do so.

 

3.2.            Information concerning passports, visa, travel, accommodation and healthcare formalities

3.2.1.         Groep R shall provide the Lead Traveller with general information concerning passports, visas and formalities relating to health care which is necessary for the travel and the stay. It is however the Traveller’s exclusive responsibility to put the necessary documents in order. The Traveller shall be held exclusively liable at all times for obtaining up-to-date information on the required travel documents and of acquiring them in good time (international passport, with or without machine-legible area (including for babies and children), visa, ESTA procedure, Kids ID, etc.). This shall apply for the Traveller’s final destination as well as for all stopover and/or landing places on the Traveller’s route.

3.2.2.         Every Traveller must be in possession of valid identity papers. The identity papers and the passport must be valid at least 6 months after the date of return.

Minors must be in possession of their own proof of identity, with photo and their own passport. Some municipalities issue a new, electronic “Kids ID” for children against payment, which can take 3 to 4 weeks to obtain. It is therefore important that the Traveller applies for the Kids ID in good time at the municipality. The identification card which was issued at birth is not valid for travel abroad. Minors may not be included in the passport of their parents and must have their own passport. Groep R wishes to stress that Travellers have the obligation to be thoroughly informed about the specific applicable regulations concerning minors. If the Traveller cannot submit the necessary documents upon the date of travel, he may not claim the costs incurred as a result from Groep R.

3.2.3.         Travellers with Belgian nationality can obtain recent and appropriate travel information directly from the website http://diplomatie.belgium.be/nl/Diensten/Op_reis_in_het_buitenland or from the Federal Public Service Foreign Affairs in Brussels (tel. +32 2 501 81 11).

Travellers who do not have Belgian nationality and/or hold only a foreign passport are required to apprise Groep R of their nationality unsolicited and must contact their respective embassies or consulates to obtain up to date information concerning the required travel documents. Groep R shall not accept any liability if any problems should arises in that regard.

3.2.4.         All Travellers who travel with a Belgian passport and who travel to and/or via (transit) the United States for a period of 90 days at most, are required to request electronic travel authorisation at least 72 hours before departure (known as the Electronic System for Travel Authorisation, or ESTA for short). This ESTA procedure can be followed exclusively via https://esta.cbp.dhs.gov/esta. In all other cases, a special visa is required which must be obtained before departure.

3.2.5.         Groep R shall under no circumstances be held liable if the Traveller is late in obtaining the necessary travel documents.

3.2.6.         As a general rule, Groep R advises the Traveller to consult the travel advice (in particular concerning prohibitions, warnings, announcements and other advice) of the Federal Public Service Foreign Affairs concerning the selected destination (http://diplomatie.belgium.be/nl/Diensten/Op_reis_in_het_buitenland/reisadviezen/). By offering trips to certain destinations, Groep R does not guarantee that travel to such destination is recommended or without risk. Groep R shall therefore under no circumstances be held liable for loss or damage arising out of the situation on location.

 

3.3.            Information concerning the taking out and the contents of a cancellation and/or assistance insurance

Unforeseeable circumstances may oblige the Traveller to reschedule or even to cancel his trip. To limit the financial consequences of such rescheduling or cancellation, the Traveller can take out a cancellation and/or assistance insurance policy.

The risks covered by such policies, as well as the costs and the coverage sum, are indicated on the Groep R website for information only. Declarations must be submitted directly to the insurance company in accordance with the policy terms and conditions.

More information on taking out a cancellation and/or assistance insurance policy can be obtained via http://www.belgassur.be or via the Contact Centre of Groep R.

 

3.4.            Information concerning service regulations, stopovers, connections and seat to be occupied

3.4.1.         Groep R shall, pursuant to Article 7 of the Travel Contracts Act, provide the Lead Traveller with all information concerning service regulations, stopovers, connections, and the seat to be occupied at least seven calendar days before departure. If a Traveller should notice that he has not received said information at that time, he must get in touch with the Contract Centre immediately. Groep R cannot be held liable for any damage arising out of the fact that the Traveller has not done so.

3.4.2.         Unless expressly agreed otherwise, the Traveller acknowledges that, for the booking of a flight, the flight route and the flight connection are always offered with the shortest connection time depending on availability (based on what is known as the “minimum connection time” required by the airlines and/or airports).

Groep R shall warn the Lead Traveller if the stopover time between different connections is limited. The Lead Traveller shall however be responsible for checking whether any connections are actually feasible for his trip and travelling party. Groep R may not be held liable in the event that a Traveller misses one or more connections attributable in particular to a lack of stopover time or delays. The Traveller acknowledges that the stopover time is sufficient and enables him to proceed with his travel under normal circumstances.

3.4.3.         Groep R stresses that all segments of the entire travel route, irrespective of the means of transport, must be carried out as described on the Order Form signed by the Lead Traveller. If the Traveller does not report to the corresponding check-in counter, he shall automatically be designated as “absent” or “no-show” by the airline concerned, and all remaining segments of the trip shall be cancelled. Groep R shall bear no liability for damage and/or costs arising out of the failure to carry out all segments of the travel route.

 

3.5.            Contact data of Groep R in case of difficulties on location

Groep R does not have a representative on location at all destinations. In case of difficulties on location, the Traveller may however always contact Groep R by telephone at +32 3 238 44 48 every business day from 9:00 AM to 5:00 PM and/or per e-mail at info@travel2galaxy.eu. Groep R shall process all queries by e-mail as promptly as possible during normal office hours. The Traveller recognises that a reasonable period of time may lapse between the moment that a query is received and the moment it is processed by Groep R.

 

3.6.            Important additional travel information and useful travel tips

Groep R shall provide additional travel information and useful travel tips via Frequently Asked Questions. The Traveller shall become cognisant of the contents of that document before each booking. The Frequently Asked Questions are updated by Groep R from time to time so as to be able to provide the Traveller with the most recent and most accurate information. In case of doubt concerning the Frequently Asked Questions, the Traveller must contact Groep R via the Contract Centre before the booking.

 

3.7.            Photos and illustrations

The photos and illustrations mentioned on the Groep R website, in Groep R brochures or other documents of Groep R are intended solely to give the Traveller a general picture of the Services offered and a general impression of the level of accommodation and degree of comfort. These photos and illustrations cannot be misconstrued as a promise that goes further than this purpose.

Article 4 – Information from the Traveller

4.1.            Correct booking data

4.1.1.         The Lead Traveller shall acknowledge that he has checked all the data mentioned on the Order Form and shall confirm this by his signature.

This concerns firstly the correct spelling of all forenames and surnames of the Travellers, as given to the Groep R travel consultant. “Correct” in this context shall mean “identical to the spelling of the names as they appear on the official identity documents with which the Travellers travel.” All costs which arise out of a wrong indication and imprecise reading of the names shall be borne automatically and exclusively by the Traveller.

Secondly, this concerns all data relating to the booked travel route and final destination, travel date, the indicated times of departure and arrival, the connecting time between flights, etc.

4.1.2.         Groep R shall accept no liability for any damage attributable to inaccurate checking of the data by the Traveller.

 

4.2.            Additional personal information

The Traveller must provide Groep R with all useful information expressly requested of him or which can be reasonably expected to have an influence on the proper course of the trip (e.g. nationality, health, dietary habits, etc.). If wrong information is provided by the Traveller leading to extra costs for Groep R, the latter may pass said costs on to the Traveller.

 

4.3.            Travel preferences

Unless the Traveller has indicated otherwise, it shall be assumed that he wishes the least expensive Services. The possibility of changing or cancelling shall often be excluded by the Service Provider for such Services (e.g. “economy class”), so that said Services cannot be provided in another way or at another time or place than that agreed. If the Traveller wishes to find out about the change and/or cancellation possibilities of certain Services, he must inquire at the Contact Centre prior to each booking.

Article 5 – Conclusion of the Contract and impossibility of withdrawal

5.1.            Conclusion of the contract

5.1.1.         The Lead Traveller must be at least 18 years or older, legally competent to undertake contractual commitments and authorised or in possession of the required consent to act for or in the name of other Travellers who are part of a booking. Groep R shall rightfully assume that the Lead Traveller has such competence, authority and/or consent for each booking.

5.1.2.         The Contract shall be concluded as soon as the Lead Traveller receives the Order Form from Groep R. The latter shall issue said Order Form only after it has received and approved the travel request / registration form from the lead Traveller as well as the advance payment within the meaning of Article 9 of these General Terms and Conditions of Travel. This Order Form shall also apply as travel confirmation within the meaning of Article 9 of the Travel Contracts Act.

5.1.3.         If the travel formula or certain parts thereof desired by the Traveller cannot be confirmed immediately by the corresponding Service Providers (airline, Tour Operator, hotel, car rental company, etc.), the Traveller may take an option on these non-confirmed services, i.e. a request to obtain the corresponding Services at the offered price. The Traveller acknowledges that taking an option on these non-confirmed services entails no commitment in and of itself, either from the Service Providers concerned and/or Groep R, or from the Traveller. The Services requested in the option shall become binding only as soon as the availability thereof has been confirmed by Groep R in their original form and composition or in an alternative form and composition, and the Traveller agrees to the final offer, whereby (in particular) the price and Services may differ from the original offer.

5.1.4.         Any minimum number of Travellers required for the trip to take place shall be mentioned in the corresponding Groep R brochure and on the Order Form. The Groep R brochure and the Order Form shall mention expressly the minimum number of Travellers required for the trip to go through, as well as the deadline by which Lead Travellers will be informed in writing of cancellation because the required number of Travellers was not reached. If Groep R cancels the trip because the minimum number of Travellers, stipulated in the Contract and required for the trip to go through, was not reached, the Traveller shall not be entitled to any compensation from Groep R.

5.1.5.         The contract is always valid and final even if no advance payment has been made. Payment of the deposit does not constitute a condition precedent. The amount of the deposit is determined at the time of booking.

 

5.2.            Provision of travel documents

5.2.1.         The travel documents (including any reservation confirmations, e-tickets, etc.) which are provided through the agency of Groep R for a booked Service shall be delivered at the e-mail address indicated by the Lead Traveller upon making the reservation.

5.2.2.         If material travel documents are required, they shall be sent to the address indicated by the Lead Traveller upon making the reservation.

Groep R reserves the right to charge a fee for sending the travel documents to the Lead Traveller. Said fee shall be mentioned at the time of the booking and shall not be reimbursable.

The delivery times mentioned upon booking are average times for processing and delivery to destinations in Belgium. If the Lead Traveller does not receive the travel documents within said average delivery time, he must immediately inform Groep R accordingly. Groep R shall not be held liable if the Lead Traveller fails to do so.

Groep R shall not be held liable if the delivery of travel documents is not possible because the Lead Traveller made a mistake when he entered his personal data.

5.2.3.         The Lead Traveller shall bear sole responsibility for handing the provided travel documents to the other Travellers of the travelling party that is part of the same booking.

 

5.3.            Impossibility to withdraw

Groep R points out that the Traveller does not have the right to withdraw from the purchase made from Groep R.

The right for the consumer who is party to a distance agreement and pursuant to Article VI.47, §1 of the Economic Law Code, has a period of at least 14 calendar days within which he may revoke the agreement without paying a fine or having to give a reason,is not applicable to any purchase made from or Services rendered by Groep R.

Pursuant to the Royal Decree of 18 November 2002, distance agreements concerning services for accommodation, transport, catering and leisure activities are excluded from the scope of Articles VI.45 ff. of the Economic Law Code under certain conditions. This exception for the tourism sector was granted due to the specific nature of the services provided in that sector and in accordance with the European Directive concerning distance sales, which also provides an exception for services concerning accommodation, transport, catering and leisure activities.

Article 6 – Price

6.1.            Total price

6.1.1.        The Price is expressed in euros and includes the total price for the Services offered.

6.1.2.        The price shall not however include:

  • All optional supplements, i.e. services for which the consumer may opt freely (such as but not limited to, insurance, extra baggage, transport from the airport to the accommodation, visa and vaccination costs and all other personal costs such as laundry, telephone, drinks, room service, tips, etc.);
  • All costs not mentioned expressly in the Order Form;
  • All local taxes levied abroad (such as but not limited to tourism tax, accommodation tax, departure or “exit” tax, etc.). The Lead Traveller shall be informed of whether such taxes are payable at the time of the booking.
  • All “low-cost” services offered by Service Providers (e.g. low-cost airlines, but also conventional airlines) optionally (such as but not limited to, luggage, seat allocation, meals, etc.). The Traveller shall acknowledge and accept that such optional services are not included in the total price, unless expressly indicated.
  • 6.1.3.        Groep R shall, insofar as possible and if so aware, apprise the Lead Traveller, at the time of the booking, of the amount of the foregoing elements not included in the total price.

6.2.            Pricing

6.2.1.        Unless mentioned otherwise in special offers, the prices charged by Service Providers other than Groep R, but offered via the latter, are subject to change at all times.

6.2.2.        The price of the Services offered shall be that indicated on the Groep R website or in the Groep R brochures, except if there is clearly a case of material error. In such a case, Groep R shall not be required to provide Services to the Traveller at the clearly incorrect price, even after the Traveller has received confirmation of his booking, when it must be clear for the Traveller that the price mentioned could not possibly be correct.

6.2.3.        Without prejudice to Articles 6.1.2 of these General Terms and Conditions of Travel, prices for air tickets are always indicated per person, and they are the Starting Prices. They are quoted inclusive of the airport tax payable in advance but exclusive of the price for any travel and/or cancellation insurance and any other optional supplements. These prices are always offered subject to availability.

Article 7 – Specific Services

7.1.            Air transport

7.1.1.        The Traveller accepts that the quoted rate for every flight can be guaranteed only after it has been paid for in full and the air tickets have been issued.

7.1.2.         Pursuant to Articles 10.2.2 and 11.2.2 of these General Terms and Conditions of Travel, the air tickets issued to the Traveller, as indicated on his Order Form or invoice, may not be changed, cancelled or reimbursed, unless expressly stipulated otherwise.

7.1.3.        If the Traveller does not have his e-ticket with him at the airport of departure, he may nonetheless board by showing his identity documents, without additional costs. Groep R shall not, however, be held liable if that is no longer the case because the policy of the airline has been changed (e.g. certain low-cost airlines).

7.1.4.         The Traveller shall bear exclusive responsibility for checking any flight time change(s). Groep R shall not be responsible for missing the flight(s) if this rule is not complied with.

7.1.5.         Groep R shall not be held liable for any and all consequences arising out of delays, strikes or other actions that have an impact on the normal course of air transport services.

7.1.6.         Airlines have special rules concerning the transport of persons with disabilities, pregnant women, babies, children and pets. Groep R provides only general guidelines on these matters in the Frequently Asked Questions. The Traveller acknowledges that he has become cognisant thereof. In case of doubt concerning the applicable rules, the Traveller must contact Groep R via the Contact Centre in good time beforehand. Groep R shall under no circumstances be held liable for consequences arising out of non-compliance with the applicable rules of the airline concerned.

 

7.2.            Train

7.2.1.         The train tickets issued to the Traveller for train services, as indicated on his Order Form or invoice, may only be changed, cancelled or reimbursed pursuant to Articles 10.3 and 11.3 of these General Terms and Conditions of Travel, unless expressly stipulated otherwise.

7.2.2.         Pursuant to Article 3.3.3 of these General Terms and Conditions of Travel, the Traveller shall be required to carry out all train segments which are part of his itinerary, unless expressly stipulated otherwise.

7.2.3.         Groep R points out that the precise provision of the train services may be different depending on the airport(s) and/or airline(s) and/or train station(s) which may be part of the selected itinerary. Groep R provides the last known different execution possibilities applicable in that respect (e.g. check-in procedures, exchanging the train segment tickets, etc.) via the Frequently Asked Questions. The Traveller shall consult the last version of said execution procedures in force prior to departure. In case of doubt concerning the execution procedures in force, the Traveller must get in touch with Groep R in good time beforehand via the Contact Centre. Groep R shall under no circumstances be held liable for the consequences arising out of non-compliance with the applicable execution procedures.

7.2.4.         Groep R may not be held liable for any and all consequences arising out of delays, strikes or other actions that have an impact on the normal course of the train services.

 

7.3.            Accommodation

7.3.1.         The Traveller acknowledges that he is aware of the fact that most hotels in New York and other cities in the United States of America require a minimum age of 21, and. that hotel personnel may refuse to assign a room and the related check-in to traveller(s) under 21 who are not accompanied by a person older than 21.

 

7.4.            Rented car

7.4.1.         Rented cars may be booked and driven exclusively by persons who have a valid credit card.

7.4.2.         In Europe, a valid national or European driving licence is required for everyone who drives a car. Outside Europe, an international driving licence is often required, accompanied by a national or European driving licence. It is the responsibility of the driver(s) to be informed in advance about the rules concerning driving licences from the competent authorities (embassy or consulate of your destination). Groep R provides only general information on the matter via the Frequently Asked Questions.

7.4.3.         Groep R points out that car rental companies generally apply a surcharge if the drop-off place of the car is not the same as the pick-up place.

 

7.5.            Tour Operators

7.5.1.         Groep R shall act as travel agent between the Traveller and the Tour Operator the Traveller has chosen for the trip. The quality of the service shall however fall fully and exclusively under the responsibility of the Tour Operator concerned.

7.5.2.        If the Traveller books a package tour from a Tour Operator via Groep R, the applicable general and particular travel conditions of the Tour Operator concerned shall be provided to him before the booking.

7.5.3.         Groep R points out that the Tour Operators usually reserve the right to apply extra fuel surcharges up to 21 days prior to departure. For more information on this matter, Groep R refers to the applicable general and particular terms and conditions of the Tour Operator concerned.

7.5.4.         As a travel agent, Groep R may not be held liable for changes, cancellations or full or partial non-execution of the trip by the corresponding Tour Operator within the meaning of Articles 13 to 15 of the Travel Contracts Act.

Article 8 – Payment of the travel sum

8.1.            General

8.1.1.         If the trip comprises a flight, the amount for the flight must always be paid by the Traveller immediately. Payment in full for the flight is required before the tickets can be issued.

8.1.2.         For all other booked Services (in combination with a flight or otherwise), a down payment is required, unless expressly stipulated otherwise during the booking. The amount of the down payment and the period within it has to be made are mentioned in the Groep R brochure. The balance of the price for these services (the difference between the total amount of these services and the down payment already made) is mentioned on the Order Form and must be paid by the Traveller at the latest within two months prior to the date of departure, unless expressly agreed otherwise on the Order Form.

If the booking is made less than two months before departure, the total sum must be paid immediately.

8.1.3.         If, after the receipt of a formal notice by Groep R., the Traveller fails to make the down payment or to pay the travel sum required of him, Groep R shall have the right to terminate the Contract, whereby the related costs shall be borne by the Traveller.

8.1.4.         Without prejudice to Article 8.1.3, the Traveller who fails to make the down payment or to pay the travel sum required of him, shall be liable for interest for late payment at a rate of 5% per year, plus damages of 10% of the down payment not made or travel sum not paid to Groep R.

 

8.2.            Payment to different parties

Groep R points out that, depending on the booked Services, the Traveller may in certain cases receive an invoice for a booking from more than one party, e.g. from Groep R, a Service Provider or other such party, which can appear on the Traveller’s credit card or bank statement, whereby the total charged sum shall not exceed the total price of the booked Services.

Article 9 – Transferability of the booking

9.1.            Transport tickets

The transport tickets (such as train and air tickets) issued to the Traveller shall not be transferable or reimbursable, unless expressly stipulated otherwise.

 

9.2.            Tour operating services

If Groep R acts exclusively as a travel agent when booking package tours from Tour Operators within the meaning of Article 7.5. of these General Terms and Conditions of Travel, the transferability of the booking shall depend on the terms and conditions of the Tour Operator concerned, which shall have been communicated to the Lead Traveller in advance. Groep R shall charge an administrative fee for each transfer of the booking, pursuant to Article 10.5 of these General Terms and Conditions of Travel.

 

9.3.            Other Services

The Traveller may transfer the other booked Services to a third party before the start of the trip, only if Groep R has confirmed to the Traveller that the possibility of such transfer exists before the request thereto is made. Pursuant to Article 10 of these General Terms and Conditions of Travel, the transferor must inform Groep R of said request for transfer prior to departure, and Groep R must provide all the information needed for the execution of the transfer. The transfer shall enter into force only after it has been expressly confirmed by Groep R. The latter shall charge an administrative fee for each transfer of the booking, pursuant to Article 10 of these General Terms and Conditions of Travel.

 

9.4.            Joint and several liability

In all the foregoing cases, the transferor and the transferee shall be held jointly and severally liable for the payment of the total price of the transferred Services and the costs related thereto.

Article 10 – Other changes by the Traveller

10.1.          General

10.1.1.      Not every booked Service can be changed automatically. If the Traveller wishes to find out the terms and conditions of change for certain Services, he must get in touch with the Contact Centre prior to each booking.

10.1.2.      Groep R cannot guarantee that changes requested by the Traveller before or during the trip, but after the conclusion of the contract, can be carried out. Insofar as the requested changes can go through, all related costs, such as any price difference because of the requested change and the administrative costs, shall be borne by the Traveller.

10.1.3.      Every change must be requested personally by the Traveller via the Contact Centre.

 

10.2.          Air travel

10.2.1.      If the Traveller wishes to change the booked air tickets before they are issued, Groep R shall charge an administrative fee of €10 per ticket.

10.2.2.      In principle, air tickets cannot be changed once they are issued, unless expressly stipulated otherwise. If a change is nonetheless possible after they are issued according to the terms and conditions of the airline(s) concerned, this can only be done against payment of the contractual fees as stipulated by said airline(s).

The Traveller shall pay Groep R an administrative fee of €50 for each change.

 

10.3.          Train

In principle, booked train tickets cannot be changed, unless expressly stipulated otherwise. If a change is nonetheless possible after they are issued according to the terms and conditions of the train company or companies concerned, this can only be done against payment of the contractual fees as stipulated by said train company or companies.

The Traveller shall pay Groep R an administrative fee of €50 per person.

 

10.4.          Rented cars

Changes relating to booked rented cards may be carried out only in accordance with the terms and conditions of the car rental company or companies concerned, and subject to payment of the contractual fees as stipulated by said car rental company or companies. Under no circumstances may changes be carried out on the day on which the originally agreed rental period is to commence, at which time the total price shall be payable.

Furthermore, the Traveller shall pay Groep R an administrative fee of €50 per rented car.

 

10.5.          Tour Operators

Changes relating to booked package tours may be carried out only in accordance with the terms and conditions of the Tour Operator(s) concerned and subject to payment of the contractual feels as stipulated by said Tour Operator(s).

The Traveller shall moreover pay Groep R an administrative fee of €50 per person.

 

10.6.          Hotels or other accommodations

Without prejudice to the provisions of Article 10.1. of these General Terms and Conditions of Travel, changes relating to a hotel or other accommodation booked via Groep R shall entail an administrative fee of €50 per person payable to Groep R. For the purposes of this article, the term “changes” shall not include a change of hotel; it concerns every other change (such as change of type of room and/or date in the same hotel). A change of hotel shall be considered as a cancellation within the meaning of Article 11.6 of these General Terms and Conditions of Travel.

 

10.7.          Excursions

Without prejudice to the provisions of Article 10.1. of these General Terms and Conditions of Travel, changes relating to an excursion booked via Groep R (such as but not limited to helicopter flights, guided tours, transfers, city passes, etc.) shall entail an administrative fee of €50 per person payable to Groep R.

 

10.8.          Reimbursement

Every reimbursement owing to a change shall be made on the Lead Traveller’s bank account or payment card (e.g. credit card) communicated to Groep R. Said reimbursement shall be made after withholding administrative fees, the aforementioned change costs and any fees payable by the insurer (without prejudice to the possible application of an excess by the insurer). The Traveller shall take due account of the fact that reimbursement of the booked Services may take several months.

Article 11 – Cancellation by the Traveller

11.1.          General

11.1.1.      Not every booked Service can be cancelled automatically. If the Traveller wishes to find out the terms and conditions for the cancellation of certain services, he must inquire at the Contract Centre before each booking.

11.1.2.      Groep R cannot guarantee that the cancellations requested by the Traveller before the trip, but after the conclusion of the Contract, can be carried out with reimbursement of the price. If the requested cancellation can be carried out, all related costs, such as damages for the requested cancellation and administrative costs, shall be borne by the Traveller.

 

11.2.          Air transport

11.2.1.      If the Traveller wishes to cancel the booked air tickets before they are issued, Groep R shall charge an administrative fee of €50 per ticket if the total price of the ticket amounts to €750 or less, and €100 per ticket if the total price per ticket amounts to more than €750 euros.

11.2.2.      In principle, air tickets cannot be cancelled once they are issued, unless expressly stipulated otherwise. If cancellation should nonetheless be possible after the tickets are issued in accordance with the terms and conditions of the airline(s) concerned, this can only be done against payment of the contractual fees as stipulated by said airline(s). The Traveller shall moreover pay Groep R an administrative fee of €50 per ticket if the total price of the ticket amounts to €500 or less, and €100 per ticket if the total price per ticket amounts to more than €500 euros.

 

11.3.          Train

Cancellations relating to booked train tickets may be carried out only in accordance with the terms and conditions of the train company or companies concerned, and subject to payment of the contractual fees as stipulated by said train company or companies.

The Traveller shall moreover pay Groep R an administrative fee of €50 per person.

 

11.4.          Rented car

Booked rented cars may be cancelled only in accordance with the terms and conditions of the car rental company or companies and subject to payment of an administrative fee of €50 per rented car.

Under no circumstances may changes be carried out on the day on which the originally agreed rental period is to commence, at which time the total price shall be payable.

 

11.5.          Tour operators

Cancellations relating to booked package tours may be carried out only in accordance with the terms and conditions of the tour Operator(s) concerned and subject to payment of the contractual fees as stipulated by said Tour Operator(s).

The Traveller shall moreover pay Groep R an administrative fee of €50 per person.

 

11.6.          Hotels and other accommodations

Without prejudice to the provisions of Article 11.1. of these General Terms and Conditions of Travel, cancellations relating to a hotel or other accommodation booked via Groep R shall entail the following costs payable to Groep R:

–           Up to 90 days before departure: 10% of the total price of the hotel or other accommodation.

–           Between 90 and 30 days before departure: 20% of the total price of the hotel or other accommodation.

–           Less than 30 days before departure: 30% of the total price of the hotel or other accommodation.

Under no circumstances cancellations can be carried out if the cancellation is requested within 14 days before departure. The total price of the hotel or other accommodation shall remain payable.

 

11.7.          Excursions

Without prejudice to the provisions of Article 11.1. of these General Terms and Conditions of Travel, cancellations relating to an excursion booked via Groep R (such as, but not limited to, guided tours, transfers, city passes, etc.) shall entail the following costs payable to Groep R:

–           Up to 90 days before departure: 10% of the total price of the excursion.

–           Between 90 and 30 days before departure: 20% of the total price of the excursion.

–           Less than 30 days before departure: 30% of the total price of the excursion.

Under no circumstances cancellations can be carried out if the cancellation is requested within 14 days before departure. The total price of the excursion shall remain payable. Groep R expressly points out that if a certain excursion is reserved exclusively by name (such as but not limited to helicopter flights, guided tours, transfers, city passes, etc.), it cannot be cancelled.

 

11.8.          Cancellation

The Traveller may only cancel by means of a registered letter sent to the following address:

Groep R GCV
Kapellaan 43 bus 1S
8301 Knokke-Heist

Unless cancellation is carried out as indicated above, it shall be considered as non-existing.

 

11.9.          Reimbursement

Every reimbursement resulting from a cancellation shall be made on the Lead Traveller’s bank account or payment card (e.g. credit card) communicated to Groep R. Said reimbursement shall be made after withholding administrative fees, the aforementioned change costs and any fees payable by the insurer (without prejudice to the possible application of an excess by the insurer). The Traveller shall take due account of the fact that reimbursement of booked Services may take several months.

Article 12 – Insolvency and professional liability insurance

Groep R is affiliated with the Garantiefonds Reizen [Travel Guarantee Fund], which in certain circumstances and under certain conditions, intervenes in the execution of the travel or in the costs thereof if the travel organiser or travel agent is insolvent. More information on this matter can be obtained from the Frequently Asked Questions or on the website of the Garantiefonds Reizen: http://www.gfg.be. Groep R has also taken out an insolvency and civil liability insurance coverage from “De Europese”. This insurance grants worldwide coverage up to €1,250,000, subject to the explanations and exceptions stated in the policy.

Article 13 – Complaint handling

13.1.          Notification

All complaints relating to travel must be notified immediately or as promptly as reasonably possible in writing to Groep R, either by registered letter sent to the registered office of Groep R, or by e-mail sent to info@travel2galaxy.eu.

 

13.2.          Deadline

In any event, every complaint must be reported to Groep R within one month upon return. Complaints reported after this period shall be considered to be late by Groep R and, as such, inadmissible.

Article 14 – Liability

14.1.          General

Groep R may not be held liable for services that the Traveller has booked via Groep R with one or more Service Providers, unless stipulated otherwise in the Travel Contracts Act. If Groep R does not itself provide the Services included in the Contract, its liability for material damage and compensation for loss of travel enjoyment shall be jointly limited to twice the travel sum. For the rest, the liability of Groep R shall in any event be limited as provided under Articles 18, 19 and 27 of the Travel Contracts Act.

 

14.2.          Intervention of the insurer

Groep R shall not be liable if and insofar the Traveller can claim compensation under an insurance policy, through the national health service or through another intervention, such as travel and/or cancellation insurance.

 

14.3.          Information from other Service Providers

Groep R shall use its best efforts to check carefully, before publication, all information about the Services offered by Groep R, but provided by Service Providers other than Groep R. Groep R shall not be liable for any inaccuracies contained in said information.

 

14.4.          Material omissions

Under no circumstances shall Groep R be held liable for any material omissions, irrespective of whether the information stems from Groep R or from another Service Provider.

 

14.5.          Liability of the Traveller

Without prejudice to the liability of the Traveller arising out of provisions other than these General Terms and Conditions of Travel, the Traveller shall be liable for all damage suffered by Groep R, its agents and/or representatives attributable to his fault or non-compliance with his contractual obligations.

Article 15 – Privacy

15.1.          General

Groep R shall respect the privacy of its Travellers, in accordance with the relevant legislation in force and in particular the Privacy Act of 8 December 1992 and its implementing decrees.

 

15.2.          Processing

The Traveller acknowledges and accepts that all personal data which are communicated by the Traveller, including data provided for his travelling party, may be processed by Groep R. The purpose of said processing is the optimal performance of the Contract for the benefit of the Traveller. Personal data may moreover be used by Groep R for commercial and communication (including direct marketing) purposes.

 

15.3.          Communication to third parties

The Traveller moreover consents that his data may be communicated to processors of personal data on whom Groep R calls and other Service Providers which need the data to be able to perform the Contract, within and outside the European Economic Area.

Groep R undertakes not to disclose any personal data to other third parties without the prior written Consent of the Traveller or authorisation by the relevant legislation.

 

15.4.          Obligation to answer

There is no legal obligation for the Traveller to answer questions asked by Groep R, or to provide the information requested by Groep R, but provided however, that failure to answer such questions or to provide such information may, depending on the case, authorize Groep R or a Service Provider to refuse to enter into – or to continue — a (pre-) contractual relationship with the Traveller.

 

15.5.          Opposition, access and correction

The Traveller may at all times oppose the possible processing of its personal data upon request and free of charge if such processing is carried out with a view to direct marketing.

The Traveller shall have the right to access the personal data related to him and processed by Groep R and where appropriate, have incorrect data corrected as well as have illegally processed data removed.

If the Traveller wishes to exercise these rights or if he has other questions concerning the use of his personal data by Groep R, he can contact the latter by sending an e-mail to info@travel2galaxy.eu.

 

15.7.          Online privacy policy

More information concerning the online privacy policy of Groep R is available on the Groep R website.

Article 16 – Final provisions

16.1.          No waiver of recourse

The non-invocation of one of the provisions of these General Terms and Conditions by Groep R at any time, shall not be interpreted as a waiver on its part of the right to invoke these provisions at a later time.

 

16.2.          Severability

If any provision of these General Terms and Conditions of Travel should be declared fully or partially unlawful, void or unenforceable under the applicable law by a court or another authority of a competent jurisdiction, said provision shall no longer be part of these General Terms and Conditions of Travel. However, the legality, validity and enforceability of any other provision of these General Terms and Conditions of Travel shall remain fully intact.

 

16.3.          Force majeure

Every instance of force majeure, including the interruption of the means of communication or strike by, in particular, transport companies, hotel owners or air traffic controllers, shall lead to the suspension of the requirements in the General Terms and Conditions of Travel which are affected by the instance of force majeure. The party that has to fulfil the obligation affected by the force majeure may not be held liable.

 

16.4.          Applicable law

Every Contract as well as these General Terms and Conditions of Travel,and any non-contractual obligations arising in connection with it shall be governed and interpreted according to the laws of Belgium.

 

16.5.          Dispute resolution

All disputes which arise out of or in connection with a Contract or these General Terms and Conditions of Travel (including any non-contractual disputes and claims) shall come under the exclusive jurisdiction of the courts of Antwerp.

 

16.6.          Entry into force

These General Terms and Conditions of Travel of Groep R shall enter into force on 1 June 2015 and shall replace all prior versions thereof. Agreements which were concluded prior to the aforementioned date of entry into force shall continue to be subject to the General Terms and Conditions of Travel of Groep R in force at that time.