Terms and Conditions - B2C Travel
These general terms and conditions govern the relationship between DISCOVERENT (hereinafter the "company") and the client (hereinafter the "client") and the participants in the trip designated by the client within the framework of the organisation of expeditions in Belgium and abroad and training weekends supervised by guides, which are the subject of these terms and conditions.
The contractual package (hereinafter the "Contract") consists of these General Terms and Conditions of Sale, the Sales Contract and the documents relating to the services referred to in the previous paragraph which have been given to the Customer.
By registering for one of our events, you agree to be bound by these terms and conditions. If you do not accept them, you will not be able to benefit from our services
IDENTIFICATION OF THE COMPANY
The company DISCOVERENT, SRL with a capital of €20,000, registered at the BCE under the number BE0761592827, and whose registered office is Avenue Eléonore 33, 1150 Brussels
Guarantor : Travel Guarantee Fund (GFG) Police No 22 04.1556.00/99783
Professional Liability Insurer: MS AMLIN INSURANCE SE Policy no. LXX 049281
Travel agent licence: Brussels Economy and Employment authorisation no. 6134
Telephone: + 32 474 52 20 36 (Maxime Mertens, Co-founder)
Open: Monday to Friday (09:00 to 18:00)
ARTICLE 1: PRE-CONTRACTUAL INFORMATION OBLIGATION
Prior to entering into this contract, the Client acknowledges having received and read the information documents provided by the Company, in particular on the content of the services offered relating to shipments, prices and payment terms, cancellation conditions and modifications to the contractual elements.
- Accessibility / Physical ability
It is specified that registration for expeditions lasting at least 10 days requires the Client to prove that he/she is in excellent physical condition and that he/she is insured for repatriation assistance. A medical certificate authorising the Client to register may be requested.
In this context, the Company reserves the right to refuse the registration of participants who do not meet the compulsory prerequisites and the compulsory equipment. The Company reserves the right to refuse the departure of an expedition to a Client who is not deemed suitable in one or more of the disciplines concerned. The departure will be cancelled or the discipline exchanged for an alternative where possible, without the Client being entitled to claim any compensation. The Company reserves the right to refuse access to a discipline at the time of dispatch if the Client is not deemed suitable in the discipline concerned. The Company reserves the right to refuse the departure of an expedition to a Client who does not present himself with the participating equipment necessary for his safety.
Given the nature of the services, the Client is informed that the reservation is not open to persons with reduced mobility, persons who are not in good physical condition and persons under the age of 18.
ARTICLE 2: ADMINISTRATIVE AND HEALTH FORMALITIES
The Client acknowledges having been informed of the administrative and health formalities for crossing borders. It is specified that the information provided is only valid for Belgian nationals.
In the event that the Client designates participants of non-Belgian nationality(ies), he/she must specify this to the Agency when signing the present contract. The Company invites foreign nationals to contact the relevant embassies or consulates, which will indicate the specific police, customs and health formalities to be complied with for travel.
The completion and costs resulting from the police, customs and health formalities required for the reserved shipment, such as formalities relating to passports, national identity cards, residence permits, parental authorisation, visas, medical certificates and vaccination certificates, are the responsibility of the Customer.
In the event that the Client is unable to travel due to non-compliance with administrative and health formalities, the price paid will not be reimbursed, nor will the Company be held liable.
ARTICLE 3: PRICES
3.1 Travel price
The customer undertakes to comply with the contractually agreed payment conditions. The amounts displayed and communicated by DISCOVERENT are inclusive of VAT. The price of the trip is indicated, for each departure, on the Site
The payments in order to subscribe to the shipments of DISCOVERENT are made by bank transfer directly via the Site of the company: www.discoverent.com
3.2 Terms of payment
For bookings of €500 and more :
the Client pays a sum equal to 40% of the total of his reservation to guarantee his order.
If the Client makes a reservation 45 days or more before a confirmed departure date, the balance will be paid no later than 45 days before the departure date.
If the Client makes a reservation between 45 and 21 days prior to a confirmed departure date, the Client will pay the balance 21 days prior to the departure date at the latest.
If the Client makes a reservation less than 21 days before the departure date of the trip, the Client must pay the full amount of the order at the time of reservation.
In the event of an unconfirmed departure, the balance will not be taken and the deposit will be refunded.
In the event of late payment, the customer may be charged interest on arrears in the amount of 6% of the amount due.
In the event that payment of the balance is not received by the date agreed between the parties, the Agency shall not be obliged to maintain the availability of the trip and the services. These will be considered as cancelled by the Client.
For bookings under €500:
the Client must pay the full amount to secure the booking.
Unless otherwise specified in the special conditions, the price of the services does not include the cost of visas, vaccinations, service charges, insurance, tourist taxes to be paid locally, supplements, drinks, tips and, more generally, any services not mentioned in the description of the product contained in the special conditions.
The renunciation by the Client or the participants in the trip of certain services included in the package or paid for in addition shall not give rise to reimbursement or to the establishment of a credit note.
ARTICLE 4: PRICE REVISION
4.1 Price review procedures
The Company reserves the right to revise the prices of trips and stays in the event of a change in the data used to determine the price of the trip in accordance with Article 19 of the Act of 21 November 2017 on the sale of package travel, related travel services and travel services.
It is specified that the price was established on the basis of the following economic data:
the cost of transport and in particular the cost of fuel;
the amount of fees and taxes relating to the services offered, such as landing, embarkation or disembarkation taxes in the ports and airports known on the day the Contract is signed;
the exchange rates applied to the shipment in question.
With regard to the cost of transport, the Agency will, where appropriate, pass on the amount of fuel surcharges communicated by the carrier and charged by the carrier. Carriers may decide to apply consecutive increases. In this case, these increases will be passed on by the Agency.
It is also agreed that the Agency may pass on to the Client any variations in fees and taxes. It is also specified that the Client shall be liable for any new tax(s) or fee(s) relating to the services offered that may be decided by Belgian or foreign laws and regulations.
The price may also be revised in the event of a change in the exchange rates used to calculate the price of the trip or stay ordered by the Client.
However, in accordance with the law in force, the price can only be revised at the latest 20 days before the start of the trip.
4.2 Termination of the contract due to price revision
Furthermore, in the event of a price increase of more than 8 %, the Customer has the option of refusing the change and terminating the contract. If the customer chooses to terminate the contract, he/she is entitled to a full refund of the sums paid without incurring any penalties or costs.
ARTICLE 5: CANCELLATION OF THE RESERVATION
5.1 Termination fees
The Client may cancel the contract at any time prior to the start of the trip subject to payment of the cancellation charges set out below, which are calculated according to the date of cancellation and whether the cancellation is total or partial.
The following conditions shall apply in the absence of any provision to the contrary in the Special Conditions.
In the event of cancellation, the price paid by the Client for the air or rail service is not refundable.
The stay includes the accommodation and the additional services defined in the Sales Contract.
In the event of cancellation, the sums already paid by the Client shall be retained by the Agency as cancellation fees.
5.2 Deferral or assignment of contract
A postponement is possible and will be the preferred solution of the Agency and the Client.
It is reminded that, if he/she informs the Company within 7 days, the traveller may transfer his/her contract to a transferee who meets the same conditions, including medical conditions and physical fitness, as he/she does to make the trip or stay, as long as the contract has not taken effect. In this case, the Company will charge the costs of modification as imposed by its service providers. The assignor and the assignee are jointly and severally liable for the payment of the balance of the price as well as any additional fees, charges and costs incurred by this assignment.
ARTICLE 6: MODIFICATION OF THE RESERVATION
Once tickets have been issued, any changes may result in penalties being charged depending on the conditions applied by the carrier.
Given the nature of the service and the physical conditions required, the Client may only change the identity of the participants if these participants meet all the physical and technical conditions as listed in the special conditions.
Only DISCOVERENT may validate this modification. If the above conditions are not met, DISCOVERENT shall not accept the modification.
Pursuant to Article 24 of the Act of 21 November 2017 on the sale of package travel, related travel services and travel services, the Company reserves the right to change certain details of the holiday in relation to the information given before the contract was signed.
ARTICLE 7: MINIMUM NUMBER OF PARTICIPANTS
The Client is informed that the realisation of the holidays is conditional on the registration of a minimum number of participants to guarantee the departure. In the event that the holiday cannot take place due to the lack of the minimum number of participants required, the Client will be informed at the latest :
20 days before departure for a stay of more than 6 days;
7 days prior to departure for a trip lasting from 2 to 6 days;
In this case, the Agency will return to the Client any advance payments received.
ARTICLE 8: INTERRUPTION OR FAILURE TO PRESENT PARTICIPANTS AT THE START: "NO SHOW
The interruption of the service booked by the Client or one of the participants will not give rise to any refund.
No reimbursement will be made if one or more of the participants in the trip do not show up at the time and place of departure specified by the Company, or if they are unable to participate in the trip for any reason whatsoever.
ARTICLE 9: INSURANCE
The Client is informed that in any event, in the case of shipments outside his country of residence, he must have repatriation assistance insurance. The Client must provide proof of this when registering for the Expeditions outside their country of residence.
The Company has proposed to the Client to subscribe to compulsory insurance (Assistance-Repatriation) and optional insurance such as cancellation of the stay.
In the event of cancellation of the booked service at the initiative of the Client, the insurance premium is not refundable.
ARTICLE 10: LIABILITY
10.1. Liability of the company
The Company shall not be liable for any facts or circumstances that are due to force majeure, to the actions of third parties who are not involved in the provision of the services provided for in the contract or to the poor performance of the contract by the Client or the participants in the services.
The Company shall not be liable for any false statement by the Client regarding his physical condition or abilities.
With regard to shipments, the Customer is responsible for his movements and itinerary.
The Client has been informed prior to departure of the risks inherent in shipping and training weekends. The client acknowledges that he/she is aware of these risks and accepts them.
The company is not responsible for the loss or damage of valuables or furniture belonging to the Client.
Nor is the Company responsible for the performance of services purchased locally by the Client or the participants in the trip and not provided for in the special conditions.
The customer agrees to submit and sign a liability and risk release form.
The liability of airlines is governed and limited by their conditions of travel as well as by the Warsaw International Convention of 12 October 1929 and the Montreal Convention of 28 May 1999 and/or the EU Regulation of 11 February 2004.
In any event, the Agency's liability shall not exceed that of the airlines.
10.2. Customer's liability
The Company has provided the Client with full information on the conditions of the Client's participation in "Shipments". Prior to participating in the Expedition, the Client shall provide DISCOVERENT with a liability release form.
The Client is financially responsible for any damage they may cause during their stay.
He/she is responsible for all incidents or accidents that may occur to him/her or to third parties, in particular due to the adoption of dangerous behaviour or behaviour contrary to the notions recalled during the 2 days of preparation taking place in the country on site, before the departure of the expedition.
The Client undertakes to respect the laws and regulations in force in the country in which he/she is staying.
ARTICLE 11: MODIFICATION BY THE AGENCY
If, prior to departure, compliance with one of the essential elements of the contract is rendered impossible as a result of an external event that is imposed on the company, the latter must notify the Client as soon as possible and inform the Client of the option available to him either to terminate the contract or to accept the modification proposed by the Agency.
This warning and information must be confirmed in writing to the Client, who must make his choice known as soon as possible. If the Customer terminates the contract, he shall be entitled, without incurring any penalties or costs, to the reimbursement of all sums paid by him as well as any compensation provided for by law.
ARTICLE 12: CLAIMS
In the event of any difficulties encountered at the place of stay, the Client is invited to contact the Company or its local representative.
In addition, the Agency's customer service is open from Monday to Friday from 9 am to 6 pm.
He can be contacted by guests during their stay:
by calling + 32 474 52 20 36 (Maxime Mertens, Co-founder)
to the following e-mail address: m.mertens@DISCOVERENT.be
The Client's observations or complaints on the progress of the trip must be made in writing and by registered letter with acknowledgement of receipt sent to the Agency's head office within 72 hours of the return of the stay or trip.
If you do not receive a satisfactory response within 60 days, you may refer the matter to the Travel Disputes Committee (http://www.clv-gr.be/Rue du Progrès 50, 1210 Brussels; +32 2 277 61 80)
ARTICLE 13: IMAGE RIGHTS
As part of the services provided, the Client or the participants designated by the latter will be filmed and photographed. The company will thus be able to provide the Client with a digital souvenir of his expedition.
In this context, the Client accepts the use of his image and authorizes DISCOVERENT to reproduce and exploit my image in the context of photographs and videos made in the context of training courses and expeditions in which I will participate.
This authorization implies the possibility of bringing to the initial fixation of my image any modification, adaptation or suppression which it will consider useful. The DISCOVERENT company may in particular use, publish, reproduce, adapt or modify it, alone or in combination with other materials, by all means, methods or techniques currently known or to come.
This authorization is valid for one use:
- For a period of : 3 years,
- On the territories: World,
- On all tangible and intangible media, in all formats known or unknown to date, and in particular, without this list being exhaustive: paper media (prints of photographs), catalogues and various editions, CD-ROM/DVD-ROM and other digital media, all audiovisual media, in particular cinema, TV and by all means inherent to this mode of communication, the Internet (including Intranet, Extranet, Blogs, social networks), all reception devices (smartphones, tablets, etc.), press media (television commercials, cinema commercials), internal communication media, promotional media (POS advertising, ILV, poster campaigns in all places, all sizes and on all media (urban, airports, stations, public transport, etc.)), media intended for sale (merchandising products: postcards, posters, T-shirts, etc.), right of integration into another work / multimedia work.
This authorisation to use my image rights is granted free of charge.
ARTICLE 14: DISCLAIMER & ACCEPTANCE OF RISK
14.1 Business risks
The customer acknowledges having been informed of the risks inherent in his participation in the training courses and shipments offered by the company DISCOVERENT.
The client has noted that, in the context of the expedition, he/she will not be systematically supervised by a guide at the end of the training day.
The risks to its participation include
Injuries due to falls or other movements (sprains, strains, fractures, etc.);
Blunt or sharp injuries (branches, equipment, etc.);
Cold or hypothermia;
Injuries resulting from accidental or unintentional contact between individuals;
Contact with water or drowning (during aquatic activities or near water), avalanches or falls;
Heat burns or disorders, food allergy
This list is not exhaustive.
14.2 Health status
The client certifies that his state of health and his physical abilities allow him to participate in the activities proposed by the company DISCOVERENT. He certifies that he has no known or treated pathology.
The client certifies that he/she has no physical, emotional or behavioural health problems that could directly or indirectly limit his/her participation in the activities.
14.3 Acceptance of risks
The client is aware that the activities offered by DISCOVERENT take place in semi-natural or natural environments that may be rugged, and are therefore more distant from medical services. This state of affairs could lead to long delays in the event of an emergency requiring evacuation, and consequently to a possible worsening of his condition or injury. Having been made aware of these risks and having had the opportunity to discuss them with a person in charge of the activity, the client acknowledges that he/she has been informed of the risks inherent in the activities and is able to undertake the activity or stay in full knowledge of the facts and accepting the risks that may be involved in this stay or activity. The client also undertakes to play an active role in the management of these risks by adopting a preventive attitude towards him or herself and towards other people around me.
14.4 Discharge of material responsibility
The customer hereby waives all claims and claims for damages for any damage to the goods and materials belonging to him. (Normal wear and tear, loss, breakage, theft.)
14.5 Authorisation to intervene in case of emergency
The client authorizes DISCOVERENT to provide all necessary first aid. He also authorises DISCOVERENT to decide in the event of an accident to transport me (by ambulance, helicopter, coast guard or otherwise) to a hospital or community health facility, all, if necessary, at its own expense.
ARTICLE 15: APPLICABLE LAW AND JURISDICTION
15.1 Jurisdiction of the courts
The general and special conditions constituting the Contract are governed by Belgian law.
Any dispute between the parties relating to the interpretation or execution of these terms and conditions shall be subject to the jurisdiction of the Courts of the company's registered office
15.2 Withdrawal of purchases made at a distance
DISCOVERENT points out that the right of withdrawal normally applicable to distance purchases by consumers as described in Section VI. 47 of the Code of Economic Law does not apply because the services of DISCOVERENT are expressly covered by the exceptions provided for in Section VI.53 12° of the Code of Economic LawFund