I. General Provisions — Provisions Applicable to All Contracts
Article 1 — Scope of Application—Applicable Conditions
These special terms and conditions apply to all contracts, services, and travel arrangements provided by Blue Sky Travel in its capacity as an organizer and as a retailer, including:
- services and benefits purchased and contracts entered into pursuant to a general agreement (hereinafter, the “Framework Agreement”) between Blue Sky Travel and another individual or legal entity acting for purposes related to its commercial, industrial, craft, or professional activities;
- travel contracts, services, and travel arrangements, whether or not they fall within the scope of the Act of November 21, 2017, on the sale of package tours, linked travel arrangements, and travel services (hereinafter the “Act”).
These general terms and conditions supplement the general terms and conditions established by the Travel Disputes Commission and, where applicable, the contractual terms and conditions of travel service providers.
The general terms and conditions established by the Travel Disputes Commission shall apply to the extent that they are not validly waived in these special terms and conditions.
The general terms and conditions established by the Travel Disputes Commission are available at the following address: https://www.clv-gr.be
A paper or electronic copy of these terms and conditions will be provided upon the traveler’s request.
The traveler expressly acknowledges having read the general terms and conditions of the Travel Disputes Commission.
These specific terms and conditions and the general terms and conditions of the Travel Disputes Commission form an integral part of the contract between Blue Sky Travel and the traveler.
Article 2 — Definitions
For the purposes of these special terms and conditions, “in writing” refers to any durable medium, such as an email or a paper document.
In the event that Blue Sky Travel’s contracting party is not the same as the recipient of the benefits or services, the term “traveler” as used in these Special Terms and Conditions and the General Terms and Conditions of the Travel Disputes Commission refers either to the contracting party, or to the recipient of the benefits and services, or, where applicable, to both, depending on the rights and obligations incumbent upon them or upon Blue Sky Travel.
Prior to the formation of the contract, the “traveler” is the person seeking to enter into the contract with Blue Sky Travel.
Article 3 — Powers of Representation
Upon conclusion of the contract, Blue Sky Travel is authorized to represent the traveler in all dealings with service providers and, where applicable, with the tour operator.
If Blue Sky Travel’s contracting party is not the same as the recipient of the benefits or services, Blue Sky Travel is entitled to assume that the contracting party validly represents the recipient and vice versa, unless the contracting party or the recipient expressly states otherwise.
Article 4 — Bids
Price quotes may be subject to an “administrative fee” of 50 EUR (excluding VAT), unless they result in a firm reservation.
All of our brochures, advertisements, web pages, and offers are prepared in good faith and based on available information. Maps, photos, and illustrations are provided for informational purposes only and are not binding.
The traveler expressly agrees that the precontractual information provided to him or her may be subject to change prior to the conclusion of the contract.
Prices and terms communicated verbally are always subject to written confirmation.
Unless otherwise specified, offers made—whether communicated in writing or orally—are non-binding on Blue Sky Travel. Only a written, unconditional confirmation sent to the traveler can bind Blue Sky Travel and result in the formation of a contract.
Without prejudice to the foregoing, the contract is formed when the traveler has unconditionally accepted the terms and conditions proposed by Blue Sky Travel or when Blue Sky Travel has unconditionally confirmed the traveler’s request. The validity period of the offer is specified in the proposal made by Blue Sky Travel. It must be accepted within that period.
The traveler authorizes Blue Sky Travel to correct any obvious factual errors in the precontractual information provided to him or her.
Article 5 — Data Protection
Blue Sky Travel collects traveler data in accordance with the General Data Protection Regulation.
The traveler acknowledges that the processing activities are justified by legal or contractual obligations or are necessary for the legitimate interests of Blue Sky Travel.
Data may be transferred to Blue Sky Travel’s partners located in third countries that ensure a level of protection consistent with the principles set forth in the GDPR.
At any time, the traveler may exercise the rights provided for in Regulation (EU) 2016/679, namely the rights of access, rectification, restriction, data portability, and objection.
If Blue Sky Travel has not received the traveler’s personal data directly from the traveler but rather from the contracting party, Blue Sky Travel assumes that the data was provided by the contracting party with the traveler’s consent and full knowledge of the matter.
Uniglobe’s privacy policy, to which Blue Sky Travel adheres, can be viewed on its website, and a paper or electronic copy of this policy can be provided upon the traveler’s request.
Article 6 — Notifications
Unless otherwise specified, all notices under this contract must be sent to the following addresses:
- By mail: to the mailing address listed on the travel contract.
- By email: to the email address listed on the travel contract.
Article 7 — Insolvency Protection
Blue Sky Travel has a financial guarantee provided by the Travel Guarantee Fund, located at 8 Rue de la Métrologie, 1130 Brussels, to reimburse payments and ensure the repatriation of travelers in the event of insolvency.
Article 8 — Disputes: Complaint Procedure, Applicable Law, and Competent Court
The traveler must immediately notify Blue Sky Travel of any non-compliance he or she observes during the performance of the travel contract and provide evidence of such non-compliance.
The traveler acknowledges that if he or she fails to promptly and properly notify Blue Sky Travel of any nonconformity, he or she may prevent the company from effectively resolving the problem encountered. The traveler may then be liable for any financial consequences resulting from his or her failure to comply with this obligation to provide information.
Any dispute arising in connection with the conclusion or performance of the contract that cannot be resolved by the Travel Disputes Commission shall fall within the exclusive jurisdiction of the courts of the district of Liège.
Only Belgian law applies.
II. Package Tours
The terms and conditions below apply when Blue Sky Travel provides package tours as defined by law.
Section 1: Provisions Applicable to All Package Travel Contracts
Article 9 — Prices and Terms of Payment
9.1. The price covers the travel services listed in the travel contract and also includes all taxes, fees, charges, and other additional costs.
The traveler shall, where applicable, bear any fees, charges, or other additional costs that Blue Sky Travel cannot reasonably know about or calculate prior to the conclusion of the contract, such as tourist taxes, facility access fees, entry fees, visa costs, or other similar charges.
The traveler authorizes Blue Sky Travel to correct any obvious pricing errors.
9.2. The price agreed upon in the contract may be increased up to 21 calendar days before the scheduled departure date, provided that such an increase results from a change:
- of the price of passenger transportation resulting from the cost of fuel or other energy sources,
- the amount of taxes or fees on travel services included in the contract, imposed by a third party that is not directly involved in the performance of the package tour, including tourist taxes, landing fees, and fees for boarding and disembarking at ports and airports,
- exchange rates related to the trip.
Blue Sky Travel shall notify the traveler of the price increase in writing, in a clear and understandable manner, providing a justification and a calculation for the increase, no later than twenty days before the start of the package tour.
If the price must be increased by more than 8%, Blue Sky Travel will request the traveler’s consent. This consent must be provided in writing within 3 business days of notification of the change; otherwise, the contract will be terminated automatically, without compensation.
9.3. Unless otherwise agreed, a deposit equal to 30% of the total price of the trip is due upon signing the travel contract, and the balance is payable no later than 6 weeks before departure.
Notwithstanding the foregoing, and unless otherwise agreed:
- Airline tickets must be paid for in cash upon signing the contract.
- The total cost of the reservation must be paid immediately if the contract is signed less than 6 weeks before the departure date.
9.4. Cash payments are not accepted.
9.5. Blue Sky Travel reserves the right to require payment by credit card in cases where the customer has had payment delays in the past or if the customer’s monthly revenue exceeds 50,000 EUR.
9.6. Any invoice that remains unpaid by its due date shall, as of right and without prior notice, accrue late-payment interest at a rate of 12% per year, as well as a lump-sum compensation of 10% of the outstanding amount, with a minimum of 125.00 euros plus a flat fee of 13.00 euros per reminder notice.
If Blue Sky Travel engages a third party (for example, bailiffs, a debt collection agency, or an attorney) for the purpose of amicable debt collection, the lump-sum compensation amount will be increased by the costs incurred by Blue Sky Travel as a result of such third-party involvement.
If Blue Sky Travel is required to pursue legal action to recover the debt, the traveler must also reimburse Blue Sky Travel for all costs incurred in the legal proceedings, including those provided for under the law of April 21, 2007, regarding the recoverability of attorneys’ fees and costs.
9.7. As long as the invoices or the required down payment remain unpaid, Blue Sky Travel is entitled to suspend its obligations, including its obligation to issue travel documents.
In the event that the traveler, after having been given formal notice, fails to pay the deposit or the price of the trip or service that has been duly claimed from him or her, Blue Sky Travel has the right to terminate the contract, without prior legal action, as of thefifth business day following the sending of the formal notice, without prejudice to Blue Sky Travel’s right to claim compensation for the damages caused by the termination. Such compensation shall amount to at least the cancellation fees provided for in the following article, as if the traveler had canceled the trip.
Article 10 — Cancellation by the Traveler
10.1. In any case, flights and train/ferry tickets are non-refundable.
10.2. Cancellation requests received by Blue Sky Travel outside of business hours are deemed to have been received on the next business day.
10.3. In the event of cancellation by the traveler, the following cancellation fees may be charged to the traveler:
- contractual compensation determined by Blue Sky Travel suppliers or, where applicable, by the tour operator;
- administrative fees of up to 15% of the trip cost, with a minimum of 25 EUR per traveler.
10.4. To limit the financial impact of such cancellations, travelers can purchase cancellation insurance.
Article 11 — Changes Made by the Passenger
For airline, train, and ferry tickets, changes are no longer permitted after they have been issued, unless otherwise expressly stated.
Any change to the contract made by the traveler will result in an administrative fee of 25 EUR per traveler, in addition to any administrative fees and/or contractual penalties charged by Blue Sky Travel’s suppliers or, if applicable, the tour operator.
The traveler agrees that any requested change is subject to availability and possible price adjustments. If the requested change is unavailable or if the price varies significantly and the traveler wishes to terminate the travel contract, the termination will be subject to the cancellation terms set forth in the preceding article. In any event, any change fees will be charged to the traveler.
Requests for changes received by Blue Sky Travel outside of business hours are deemed to have been received on the next business day.
Article 12 — Changes to Terms and Conditions Other Than Price by Blue Sky Travel
Blue Sky Travel reserves the right to correct obvious clerical errors in the contract.
Blue Sky Travel reserves the right to make minor changes to the contract and will notify the traveler of such changes in writing in a clear, understandable, and conspicuous manner.
When significant changes need to be made, Blue Sky Travel will request the traveler’s consent. This consent must be provided in writing within 3 business days; otherwise, the contract will be automatically terminated without compensation.
Article 13 — Liability
Blue Sky Travel is not liable for services provided by other service providers, even in cases of gross negligence or willful misconduct on their part, when Blue Sky Travel acts as a retailer.
In all cases, Blue Sky Travel’s liability is limited to three times the price of the package, except in cases of bodily injury caused intentionally or resulting from Blue Sky Travel’s negligence. If any of the travel services included in the package are subject to an international convention, Blue Sky Travel’s liability is limited in accordance with that international convention.
Blue Sky Travel is never liable for the provision of travel services that are not explicitly included in the contract and that the traveler books on site (such as excursions or additional activities).
Blue Sky Travel is not liable for any consequences resulting from wars, political unrest, strikes, technical incidents, inclement weather, airspace congestion, delays for safety reasons, breakdowns, loss or theft of luggage, orders from a government agency, or any other circumstances beyond its control.
Article 14 — Formalities and Information
The traveler is required to provide the information requested by Blue Sky Travel and to expressly state any specific requests or needs. It is the traveler’s responsibility to ensure that all information provided is accurate. Blue Sky Travel cannot be held liable for any adverse consequences that may result from the traveler providing incorrect or incomplete information.
Travelers must review the information regarding the necessary formalities provided in the brochure and directly by Blue Sky Travel.
Each traveler must have valid identification documents, passports, visas, and health documents for the booked trip. These identification documents must remain valid for six months after the return date. All relevant information can be obtained from the consulate of the country in question. Non-Belgian travelers are required to contact their embassy or other diplomatic authorities to determine the formalities they must fulfill. It is the traveler’s responsibility to ensure that their travel documents are valid and in compliance with requirements.
The traveler who enters into the travel contract is required to inform Blue Sky Travel of his or her nationality, as well as the nationalities of the travelers on whose behalf he or she is entering into the contract, and to provide any relevant information that could affect the required travel documents.
Minors must have a photo ID. Minors who are not accompanied by their parents must present documents authorizing them to travel alone, indicating the dates of arrival in and departure from the country in question, the address where they are spending their vacation, and their address in Belgium.
Blue Sky Travel assumes no liability in the event of negligence on the part of the traveler.
Article 15 — Hours of Operation
The times listed are approximate. Passengers must always bear in mind that these times are subject to change.
Article 16 — Theft
For trips involving air travel, the traveler is required to arrive on time for boarding and to have all travel documents in hand. The traveler must allow sufficient time for check-in procedures. Blue Sky Travel cannot be held liable for incidents such as denial of boarding, whether caused intentionally or unintentionally by the traveler’s negligence.
If applicable, the passenger is required to file a report of loss, theft, or damage to their baggage with the airline operating the flight in question.
The airlines on the European Commission’s blacklist, as established under European Regulation 2311/2005 of December 14, 2005, can be found by following this link: https://ec.europa.eu/transport/modes/air/safety/air-ban_en
Article 17 — Health
Blue Sky Travel cannot be aware of the health status of all travelers. Travelers are therefore responsible for finding out for themselves what health requirements apply to their chosen destination. Blue Sky Travel may, upon request from the traveler, provide information on these health requirements, provided that the traveler supplies all relevant information.
The traveler declares that he or she is medically, physically, and mentally fit to undertake the selected trip.
Travelers with a physical or mental disability, a mobility impairment or restriction, or a medical condition requiring treatment or medical assistance, as well as pregnant women, must inform Blue Sky Travel—if applicable, through the person booking the trip on their behalf. More generally, travelers must inform Blue Sky Travel of any information regarding their health that could affect the trip.
Blue Sky Travel reserves the right to refuse a traveler if, for objective and non-discriminatory reasons, it is determined that the traveler is not fit to participate in the trip.
Travelers are strongly advised to bring along the appropriate gear and equipment for the type of trip, unless such gear and equipment are included in the package.
Blue Sky Travel cannot be held liable in the event of negligence on the part of the traveler, particularly if the traveler has failed to provide the information mentioned above or specifically requested by Blue Sky Travel.
Regarding health and safety conditions at the destination, travelers are advised to consult the website of the Federal Public Service (FPS) Foreign Affairs.
Section 2: Special Provisions for Contracts Not Subject to the Act
Article 18 — Scope of Section 2
The provisions of this section apply to package tours that do not fall within the scope of the Act, including contracts entered into under a framework agreement.
The provisions of Section 1 apply to these contracts unless otherwise provided in this section.
Article 19 — Exceptions
The following provisions of the Travel Disputes Commission’s general terms and conditions for package tours do not apply:
- Articles 1 and 2;
- Articles 4 and 5.
Article 20 — Disclosure Requirements
Travelers are responsible for finding out for themselves about all the formalities (health requirements, visas, passports, etc.) required for their chosen destination.
Blue Sky Travel will provide the traveler with this information upon request.
Article 21 — Liability
Blue Sky Travel’s liability is, in any case, limited to the price of the package.
Article 22 — Conflict with the Framework Agreement
For contracts entered into under a Framework Agreement, the provisions of the Framework Agreement shall prevail in the event of any conflict with Sections 1 or 2 of these special terms and conditions applicable to package tours or in the event of any conflict with the general terms and conditions of the Travel Disputes Commission.
III. Separate Sale of Travel Services
The terms and conditions below apply when Blue Sky Travel provides Travel Services and Related Travel Services as defined by law.
Article 23 — Formation of the Contract
Blue Sky Travel acts as an intermediary. The contract is formed between the traveler and the travel service provider.
Article 24 — Liability
Blue Sky Travel is not responsible for travel services. Each service provider is solely responsible for the proper performance of its service under the contract.
Article 25 — Prices and Payment Terms
Unless otherwise agreed, the full price of the travel service is due upon confirmation of the reservation.
Articles 9.1 and 9.4 through 9.7 apply.
Article 26 — Termination, Modification, and Assignment by the Passenger
Travel services may be canceled, modified, or transferred only with the consent of the Blue Sky Travel provider and subject to its terms and conditions.
Requests received by Blue Sky Travel outside of business hours are considered to have been received on the next business day.
Article 27 — Referral
Articles 15 through 18 apply.
Article 28 — Services Purchased Under a Framework Agreement
For travel services and benefits purchased under a Framework Agreement:
- Articles 3 and 4 of the Travel Disputes Commission’s General Terms and Conditions for Linked Travel Arrangements do not apply;
- Article 2 of the Travel Disputes Commission’s General Terms and Conditions for the Sale of Travel Services does not apply;
- The provisions of the Framework Agreement shall prevail in the event of any conflict with these special terms and conditions or with the general terms and conditions of the Travel Disputes Commission.
