General Conditions

 


Conditions Special Agency

TERMS AND CONDITIONS OF SALE OF THE SITE WWW.SILATOURS.BE (SILA TOURS IS A BRAND OF SPRL SILATRAVEL A6040)

1. the written confirmation of the SPRL SILA TRAVEL, by post or electronically  

2. the signature by the customer of a purchase order  

3. full payment by credit card. In this regard, the customer accepts the debit of his card, without any possible dispute, for any reason whatsoever  

4. In the absence of a credit card, payment by bank transfer to account BE62068899746361 opened in the name of SPRL SILA TRAVEL at the bank BELFIUS BANK (CODE BIC GKCCBEBB).  

Failing to comply with these conditions, SPRL SILA TRAVEL reserves the right to cancel the reservation, without warning or compensation.  

2. By the fact of his order, the customer acknowledges accepting, for himself and for the persons for whom he has made the reservation, the present general conditions, those of the supplier of SPRL SILA TRAVEL and of the Travel Disputes Committee. (see below).  

3. By placing an order via the internet, the customer expressly authorizes the SPRL SILA TRAVEL to represent him in the relations with the organizers and the service providers, in particular to sign on his behalf the documents issued by them.  

4. Within the meaning of Article 9 of the aforementioned Act of 16 February 1994, the client shall be domiciled at the agency of the SPRL SILA TRAVEL -CHAUSSEE DE HELMET 112 1030 Brussels This means that any confirmation of trip to SPRL SILA TRAVEL will be expressly presumed to have been made to the customer.  

5. For all bookings, the full price of the trip must be paid at the time of booking.  

6. All invoices are payable in cash at the agency. Any late payment gives the SPRL SILA TRAVEL, ipso jure and without recourse possible, to terminate the present contract and proceed, at the expense of the customer, to the cancellation of his reservation. Any late payment also entitles, without prior notice, to the payment of a late payment interest of 2% per month, from the date of issue of the invoice, in addition to a fixed compensation of 20%, with a minimum of 50 €.
7. In case of cancellation of his trip by the customer, or in the case provided for in the preceding article, it is necessary to refer to the general conditions of the supplier. In addition, the cancellation gives right to compensation of 10% in favor of SPRL SILA TRAVEL.  

8. SILA TRAVEL SPRL is not responsible for lost, stolen or damaged objects during the trip. Nor is it responsible for accidents - whatever their consequences - which the customer would be the victim.  

9. A legal bond with the Commissariat général au Tourisme covers the professional activities of SPRL SILA TRAVEL. In addition, SPRL SILA TRAVEL is insured with the VOYAGE GUARANTEE FUND and is regularly registered in the register of insurance intermediaries under number 6040.  

10. The assignment of the trip by the customer may, if necessary, entail costs which will be integrally and solidarily borne by the transferor and the transferee and fixed by SPRL SILA TRAVEL.  

11. For any reservation, the customer agrees to pay the service and file fees, the amounts of which are known at the time of booking. They are consecutive to the conclusion of the travel intermediary contract as defined in the law of 16 February 1994.  

12. In the case of any dispute, only the North Gate III Travel Litigation Commission, King Albert II Boulevard, 16 to 1000 Brussels and the courts of the judicial district of Brussels are competent.  

13. Although Article 80 of the Law on Commercial Practices provides that for any distance contract that the consumer has a period of seven working days to renounce the contract, this right of withdrawal does not apply to contracts concluded via the website. According to the Royal Decree of 18 November 2002, certain distance contracts for the provision of accommodation, transport, catering and leisure services are excluded under certain conditions from the scope of Articles 79 and 80 of the Law of July 14, 1991 on the practices of the trade and the information and the protection of the consumer. This exception for the tourism sector is dictated by the specificity of the services provided in this sector and is in line with the European Distance Selling Directive, which also provides for an exception for accommodation, transport, catering and catering services. Hobbies.

14. SPRL SILA TRAVEL and its suppliers are responsible for the processing of your personal data. 
 
Your personal data is necessary in order to draw up a legal travel contract between you and SPRL SILA TRAVEL. Only the data that is needed for the transactions mentioned above will be required.
 
You have the right not to give us your personal data for the processing of your reservation and the fulfillment of your travel contract.
 
When you do not give us your personal data, you renounce the possibility of booking your trip via the Web-site. 
 
Your personal data collected will only be used by SPRL SILA TRAVEL as part of the processing of your booked trip and only for this purpose. Your personal data will only be communicated by the SPRL SILA TRAVEL to the chosen suppliers. In this way, the treatment of your trip is guaranteed in accordance with the rules of professional secrecy, and as specified in the legislation of the trip.
 
You can always ask to see your personal data to correct or remove. In this case, please contact SPRL SILA TRAVEL. 
 
15. SPRL SILA TRAVEL subscribes to the conditions of the Travel Litigation Commission as set out below 
Article 1 Scope
 
These general conditions apply to travel organization and travel intermediary contracts as defined by the Belgian law of 16 February 1994 governing the organization and travel intermediary contract. 
 
Article 2 Promotion
1. The information contained in the travel brochure shall be binding on the organizer or travel agent who published the booklet unless:
(a) the changes in this information have been clearly communicated to the traveler in writing and before the conclusion of the contract; 
(b) Modifications are made only later, following a written agreement between the parties to the contract. 
2. The organizer and / or the travel intermediary may delete all or part of his travel promotion for a definite or indefinite period.
Article 3 Information provided by the organizer and / or the travel intermediary 
 
The organizer and / or the travel intermediary are required:
1. before the conclusion of the travel organization or intermediary contract, to communicate to travelers in writing:
 
 (a) general information concerning passports and visas and the necessary health formalities for travel and accommodation, to enable the traveler to collect the necessary documents. Non-Belgian travelers should inquire about the administrative formalities to be performed at the Embassy (s) or Consulate (s) concerned;
 
(b) information relating to the subscription and content of insurance and / or assistance;
 
(c) the general and special conditions applicable to the contracts;
 
2. no later than 7 calendar days before the date of departure, provide travelers with the following information in writing:
 
(a) the timetable, the places of call and correspondence and, if possible, an indication of the place to be occupied by the passenger;
 
(b) the name, address, telephone number, fax number and / or e-mail address of either the local representative of the organizer and / or the travel intermediary or local bodies to help the traveler in case of problems, either directly from the intermediary or the tour operator;
 
 c) for travel and stays of minors abroad, the information allowing to establish a direct contact with the child or the person in charge of his stay. The period of 7 calendar days referred to above is not applicable in the case of a contract concluded late.
Article 4 Information from the traveler
 
The traveler must provide the organizer and / or the travel intermediary with any useful information that is specifically requested or that could reasonably influence the smooth running of the trip. If the traveler provides incorrect information which entails additional costs for the organizer and / or the travel intermediary, these costs may be charged to him.
 
 Article 5 Formation of the contract
 
When booking the trip, the organizer or the travel agent must issue the traveler with a purchase order in accordance with the law.  The travel arrangement shall begin when the traveler receives the written confirmation of the reservation issued by the travel organizer, whether or not through the travel intermediary who, in this case, acts on behalf of the tour operator. If the content of the purchase order differs from that of the confirmation of the trip or if the confirmation does not take place at the latest within 21 days of signing the order form, the traveler can assume that the trip has not has been reserved and is entitled to immediate reimbursement of all amounts already paid. 
 
Article 6 The Prize
 
1. The price agreed in the contract is not revisable, unless the special conditions expressly provide for the possibility, provided that the revision is consecutive to the variations: 
 
(a) exchange rates applied to the trip, and / or 
(b) the cost of transport, including the cost of fuel, and / or 
(c) fees and taxes relating to certain services. In such cases, the intended variations must also result in a price reduction. 
 
1a. The price set in the contract can not be increased in any case during the 20 calendar days preceding the day of departure. 
 
2. If the increase exceeds 10% of the total price, the traveler may terminate the contract without compensation. In this case, the traveler is entitled to immediate refund of all sums he has paid to the tour operator.
 

Article 7 Payment of the price

1. Unless expressly agreed otherwise, the traveler pays, as a deposit, the signature of the purchase order, a fraction of the total or total price of the trip set in the special conditions of travel.

2. In the event that the traveler remains in default of paying the deposit or the price of the trip which is duly claimed, after being formally notified in a legal manner, the organizer and / or the travel intermediary will have the right to terminate ipso jure the contract which binds him / her to it and to charge the expenses of the traveler.

3. Unless otherwise agreed in the order form, the traveler shall pay the balance of the price no later than one month before departure, provided that he has received or receives simultaneously the written confirmation of the trip and / or travel documents.

 

Article 8 Transferability of the reservation

1. The traveler may, before the start of the trip, transfer his trip to a third party who must fulfill all the conditions of the travel arrangement. The transferor must inform the tour operator and, where applicable, the travel intermediary of this transfer, sufficiently long before departure.

2. The traveler who transfers his trip and the assignee are jointly and severally liable for the payment of the total price of the trip and the costs of the transfer.

 

Article 9 Changes by the traveler

The organizer and / or the travel intermediary may charge the traveler all costs resulting from changes requested by the latter.

 

Article 10 Changes prior to departure by the tour operator

1. If, before departure, one of the essential elements of the contract can not be fulfilled, the tour operator must inform the passenger as soon as possible, and in any case before departure, and inform him of the possibility of terminate the contract without penalty, unless the traveler accepts the change proposed by the tour operator.

2. The traveler must inform the intermediary or the tour operator of his decision as soon as possible and in any case before departure.

3. If the traveler agrees to the change, a new contract or rider to the contract must be established to reflect the changes made and their impact on the price.

4. If the traveler does not accept the change, he may request the application of Article 11. 

 

Article 11 Cancellation before departure by the tour operator

 

1. If the organizer cancels the contract before the start of the trip due to circumstances not attributable to the traveler, he has the choice between:

a) the acceptance of another quality travel offer

equivalent or superior, without paying extra; if the trip offered as a substitute is of inferior quality, the tour operator must reimburse the traveler the difference in price as soon as possible;

or (b) the repayment, as soon as possible, of all amounts paid by him under the contract.

2. The traveler may also, if necessary, demand compensation for non-performance of the contract, except:

(a) if the tour operator cancels the trip because the minimum number of passengers provided for in the contract, necessary for the performance thereof, has not been reached and if the traveler has been informed in writing in writing the period provided for therein, at least 15 calendar days before the departure date;

b) if the cancellation is the consequence of a case of force majeure, not including overbooking. Force majeure means abnormal and unpredictable circumstances beyond the control of the person who invokes them and the consequences of which could not have been avoided in spite of all due diligence.

 

Article 12 Partial or total non-fulfillment of the journey

1. If it appears during the journey that a substantial part of the services which are the subject of the contract can not be performed, the tour operator shall take all the measures necessary to provide the traveler with appropriate and free substitutes in order to the continuation of the journey.

 

 2. In the event of a difference between the services provided and the services actually provided, he shall compensate the passenger for this difference. 

 

3. Where such arrangements are not possible or the traveler does not accept such substitutes for valid reasons, the tour operator shall provide him with an equivalent means of transportation to the place of departure and shall, where appropriate, to compensate the traveler. 

 

Article 13 Termination by the traveler

 

The traveler may at any time terminate all or part of the contract. If the traveler terminates the contract for a reason attributable to him, he will compensate the tour operator and / or the travel agent for any loss suffered as a result of the cancellation. Compensation can be fixed at a fixed rate in the special conditions or in the program, but it can only be raised once the price of the trip is at the maximum.

 

Article 14 Responsibility of the tour operator

 

1. The tour operator shall be responsible for the proper performance of the contract in accordance with the expectations which the traveler may reasonably have on the basis of the provisions of the travel arrangement contract and the obligations arising from it, irrespective of the fact that obligations must be fulfilled by itself or other service providers, without prejudice to the right of the tour operator to sue other liability service providers.

2. The tour operator is liable for the acts and negligence of its agents and representatives, acting in the performance of their duties, as well as their own acts and negligence.

3. If an international agreement applies to a service which is the subject of the contract for the organization of journeys, the liability of the tour operator shall be excluded or limited in accordance with this agreement.

4. In so far as the tour operator does not himself perform the services provided for in the contract, his accumulated liability for damage to property and the loss of the enjoyment of the journey shall be limited to twice the price of the journey. trip.

5. For the rest, Articles 18 and 19 of the Law of 16 February 1994 apply.

Article 15 Liability of the traveler

The traveler is liable for the damage caused to the organizer and / or the travel agent, to their agents and / or their representatives, through his fault or as a result of non-performance of his contractual obligations. The fault is appreciated by reference to the normal behavior of a traveler.

Article 16 Complaint procedure

1. Before departure

If the traveler has a complaint before departure, he must introduce it as soon as possible by registered letter or against acknowledgment of receipt, to the intermediary or the tour operator

2. During the trip

Complaints that arise during the execution of the contract must be introduced as soon as possible on the spot, in an appropriate manner and can serve as proof, so that a solution can be sought. For this purpose, the traveler will apply - in the following order - to a representative of the tour operator or a representative of the travel intermediary, or directly to the travel intermediary, or finally, directly to the tour operator.

 

 

3. After the trip

Complaints which can not be introduced on site or which have not been satisfactorily resolved on the spot must be submitted at the latest one month after the end of the trip to the intermediary and / or to the travel organizer, either by registered letter or against acknowledgment of receipt.

 

Article 17 Conciliation procedure

 1. In case of dispute, the parties must first try to find an amicable agreement between them.

2. If this attempt at an amicable settlement has not been successful within a period of 1 to 3 months, each of the parties concerned may apply to the secretariat of the conciliation unit of the non-profit organization Commission de Litiges Voyages to initiate a conciliation procedure. All parties must agree.

3. The secretariat will provide the parties with an information brochure, conciliation regulations and a "conciliation agreement". As soon as the parties concerned have completed and signed this agreement (jointly or separately), and as soon as each party has paid 50 euros, the conciliation procedure will be started.

4. In accordance with the simple procedure described in the Regulation, an impartial conciliator will contact the parties to pursue a fair conciliation between them.

 5. Any agreement reached will be recorded in an agreement binding the parties.

 

Secretariat of the "Conciliation Unit": phone 02 / 206.52.38, fax: 02 / 206.57.74, e-mail: conciliation.clv@skynet.be 

 

Article 18 Arbitration or Tribunal

1. If no conciliation procedure has been instituted or the conciliation procedure has failed, the plaintiff in principle has the choice between proceedings before the ordinary court or arbitration proceedings before the Travel Disputes Commission.

2. For amounts claimed from EUR 1250 each defendant has a period of 10 calendar days to refuse, by registered letter, an arbitration procedure requested by the complaining party, the dispute may then be dealt with by the ordinary court. Below EUR 1250, only the traveler will be able to refuse the arbitration procedure.

This arbitration procedure is settled by a dispute resolution, and can only be started if an amicable settlement could not be found within a period of 4 months from the end (planned) of the trip (or possibly from the service which gave rise to the dispute). Disputes concerning bodily injury can only be settled by the courts.

The arbitration board, composed equally, makes a binding and final award in accordance with the dispute resolution. No call is possible