Article 1: Scope of application
These general terms and conditions apply to linked travel arrangements that are booked as of 1 July 2018 and are governed by the Law on the sale of package travel, linked travel arrangements and travel services of 21 November 2017.
Article 2: Definition
A linked travel arrangement exists if at least two different types of travel services are purchased for the same trip or holiday, which however do not constitute a package and for which separate contracts are concluded with the individual travel service providers, if a professional facilitates:
- on the occasion of a single visit or contact with his point of sale, the separate selection and separate payment of each travel service by travellers, or
- in a targeted manner, the procurement of at least one additional travel service from another professional where a contract with such other professional is concluded at the latest twenty-four hours after confirmation of the booking of the first travel service.
Article 3: Information to the traveller before a linked travel arrangement is concluded
The professional who facilitates a linked travel arrangement provides the traveller with the legally prescribed standard information and directs his attention to the following information:
- That the traveller did not conclude a package and each service provider will be liable for the proper contractual performance of his services
- That the traveller will benefit from insolvency protection.
Article 4: Consequences of failure to comply with the information obligation
Where the professional facilitating linked travel services has not given correct information, the rights and the obligations of a package shall apply, except for price changes and changes of the package.
Article 5: Information by the traveller
5.1: The person who concludes the linked travel arrangement must provide to the professionals all useful information about himself and his fellow travellers that may be important for concluding or performing the contract.
5.2: If the traveller provides incorrect information which leads to extra costs for the professional, these costs may be charged.
Article 6: Insolvency
Professionals facilitating linked travel arrangements shall provide security for the refund of all payments they receive from travellers insofar as a travel service which is part of a linked travel arrangement is not performed as a consequence of their insolvency. If such professionals are the party responsible for the carriage of passengers, the security shall also cover the traveller´s repatriation.
Article 7: Liability for booking errors
7.1: The professional is liable for any error:
- due to technical defects in the booking system which are attributable to him
- which he made during the booking process, if he agreed to arrange the booking of travel services.
7.2: A professional shall not be liable for booking errors which are attributable to the traveller or which are caused by unavoidable and extraordinary circumstances.
Article 8: Complaint procedure
The professional shall provide to the traveller information about the internal complaint handling procedure.
Article 9: Conciliation proceeding
In the event of a dispute, the parties must first try to arrive at an amicable settlement between them.
If this attempt at amicable settlement fails, then any of the parties involved can ask the vzw Geschillencommissie Reizen [non-profit association Disputes Committee for the Travel Industry] to initiate a conciliation proceeding. All of the parties must consent to this.
For this the secretariat will provide to the parties a set of conciliation rules and a “conciliation contract”.
In accordance with the procedure described in the rules, an impartial conciliator will then contact the parties in order to seek an equitable conciliation between the parties.
Any agreement reached will be set down in a binding written contract.
Article 10: Arbitration or court
If no conciliation proceeding is initiated (or if it fails), the claimant can if desired start an arbitration proceeding before the Disputes Committee for the Travel Industry or commence a proceeding before the court.
The traveller can never be obliged to accept the jurisdiction of the Disputes Committee for the Travel Industry, neither as claimant nor as respondent.
The professional who is a respondent can only refuse the arbitration if the amount claimed by the claimant is more than 1,250 euros. For this he has a period of 10 calendar days after receipt of the registered letter or e-mail with proof of receipt in which it is indicated that a file with a claim as of 1,251 euros was opened at the Disputes Committee for the Travel Industry.
This arbitration proceeding is governed by arbitration rules, and can only be initiated after the submission of a complaint to the company itself and as soon as it is established that the dispute could not be amicably resolved or as soon as 4 months have passed after the (anticipated) end of the trip (or possibly as of the action that gave rise to the dispute). Disputes relating to physical injuries can only be settled by the courts.
The arbitration board with equal representation pronounces its decision, in accordance with the arbitration rules, in a binding and definitive manner on the travel dispute. No appeal against this decision is possible.
Secretariat of the Disputes Committee for the Travel Industry:
Telephone: 02 277 62 15 or 02 277 61 80 (9 a.m. to 12 noon) ; fax: 02 277 91 00
City Atrium, Vooruitgangstraat 50, 1210 Brussels