Yankho – 4everconnected is a recognized and insured travel agency. We are insured against insolvency for the protection of the consumer with the Travel Guarantee Fund (www.gfg.be). Yankho – 4everconnected also acknowledges the authority and the general travel conditions of the Travel Disputes Commission.

 

Article 1: Scope
These general conditions apply to package travel agreements that are booked from July 1, 2018, and are governed by the Law concerning the sale of package travel, linked travel arrangements, and travel services of November 21, 2017.

 

Article 2: Information from the organizer and reseller before the conclusion of the package travel agreement
2.1
The organizer and also the reseller provide the traveler with the legally prescribed standard information before the traveler is bound by a package travel agreement, as well as, where applicable to the package travel:
1° the main characteristics of the travel services:
a) the travel destination(s), the route and the periods of stay, with the dates and the number of nights;
b) the means of transport, their characteristics and categories, the places and dates and times of departure and return, the duration and location of stopovers and connections; if the exact time is not yet fixed, this will be communicated approximately
c) the location, the main characteristics and the category of the accommodation according to the regulations of the destination country;
d) the provided meals;
e) the visits, excursions, or other services included in the agreed total price for the package travel;
f) if not clear, clarification as to whether the travel services are provided to the traveler as a member of a group;
g) the language in which other tourist services will be performed if applicable;
h) whether the trip is generally suitable for persons with reduced mobility;
2° the total price of the package travel, and where applicable, an indication of the type of additional costs that may be incurred by the traveler;
3° the payment modalities;
4° the minimum number of persons required for the execution of the package travel and the deadline for any possible cancellation of the agreement if this number is not reached;
5° general information on passport and visa requirements in the destination country, including the approximate time required to obtain a visa and information on health formalities;
6° the indication that the traveler can terminate the agreement against payment of a termination fee;
7° information on cancellation and/or assistance insurances.
2.2
The professional ensures that the correct standard information form is provided to the traveler.
2.3
The pre-contractual information provided to the traveler forms an integral part of the package travel agreement. It cannot be changed unless mutually agreed upon by the parties.

 

Article 3: Information from the traveler
3.1
The person who concludes the package travel agreement must provide the organizer and the reseller with all useful information about themselves and their fellow travelers that may be relevant for the conclusion or execution of the agreement.
3.2
If the traveler provides incorrect information and this leads to additional costs for the organizer and/or reseller, those costs may be charged.

 

Article 4: The package travel agreement
4.1
Upon concluding the package travel agreement or within a reasonable period, the organizer or, if a reseller is involved, the latter provides the traveler with a confirmation of the agreement on a durable medium, such as an email, a paper document or a pdf.
If the package travel agreement is concluded in the simultaneous physical presence of the parties, the traveler has the right to request a paper copy.
4.2
The package travel agreement or its confirmation contains the full content of the agreement, including all the information as mentioned in article 2 and the following information:
1° the special requests of the traveler that the organizer has agreed to;
2° that the organizer is liable for the proper performance of the package travel and has an obligation to provide assistance;
3° the name and contact details of the entity responsible for protection in case of insolvency;
4° the name, address, telephone number, email address of the local representative of the organizer or another service in case the traveler is in difficulty or wishes to complain about possible non-compliance;
5° the obligation of the traveler to report non-compliance during the trip;
6° information on how to directly contact an unaccompanied minor or the person responsible for them at their place of stay;
7° information about internal complaint handling;
8° information about the Travel Disputes Commission and the EU platform for online dispute resolution;
9° information on the traveler's right to transfer their agreement.
4.3
In good time before the start of the package travel, the organizer provides the traveler with:
1° the necessary receipts
2° the vouchers and travel documents
3° information on the planned departure times and, if applicable, the latest time to check-in, the planned times of stopovers, connections, and arrival.

 

Article 5: The price
5.1
After concluding the package travel agreement, prices can only be increased if the agreement expressly provides for this. In that case, the package travel agreement indicates how the price revision is calculated.
Price increases are only allowed as a direct result of changes in:
1° the price of passenger transport due to increased fuel costs or other energy sources, or
2° the level of taxes or fees for the included travel services in the agreement, which are levied by third parties not directly involved in the execution of the package travel, including tourist taxes and departure or arrival taxes at ports and airports, or
3° the exchange rates relevant to the package travel.
If a price increase is foreseen, the traveler has the right to a price reduction in case of a decrease in the above-listed costs.
5.2
If the increase exceeds 8% of the total price, the traveler may terminate the agreement without a termination fee.
5.3
A price increase is only possible if the organizer notifies the traveler no later than twenty days before the start of the package travel via a durable medium, such as an email, a paper document or a pdf, providing a justification for the price increase and a calculation.
5.4
In case of a price reduction, the organizer has the right to deduct administrative expenses from the refund owed to the traveler. If the traveler requests it, the organizer substantiates those costs.

 

Article 6: Payment of the travel sum
6.1
Unless otherwise agreed, the traveler pays a portion of the total travel sum as a deposit when concluding the package travel agreement, as specified in the special conditions.
6.2
Unless otherwise agreed in the package travel agreement, the traveler pays the balance of the price no later than 90 days before the departure date.
6.3
If the traveler, after being notified in advance, fails to pay the deposit or the travel sum required from them, the organizer and/or reseller will have the right to terminate the agreement with the traveler by operation of law, with the costs borne by the traveler.

 

Article 7: Transferability of the package travel agreement
7.1
The traveler can transfer the package travel agreement to a person who meets all the conditions that apply to that agreement, provided that they:
1° notify the organizer and possibly the reseller as soon as possible and no later than 7 days before the start of the package travel via a durable medium, such as an email, a paper document or a pdf, and
2° bear any additional costs resulting from the transfer.
7.2
The person transferring the package travel and the person taking over the agreement are jointly and severally liable for the payment of the remaining amount and any additional fees resulting from the transfer. The organizer informs the person transferring the agreement of the transfer costs.

 

Article 8: Other changes by the traveler
If the traveler requests another change, the organizer and/or the reseller may charge all costs incurred as a result.

 

Article 9: Change by the organizer before departure
9.1
The organizer can unilaterally change the provisions of the package travel agreement, with the exception of price changes, before the start of the package travel, unless:
1° the organizer has reserved this right in the agreement, and
2° it concerns an insignificant change, and
3° the organizer informs the traveler of this via a durable medium, such as an email, a paper document or a pdf.
9.2
If, before the start of the trip, the organizer finds it necessary to make a significant change to one of the main characteristics of the travel services or cannot meet the confirmed special requests of the traveler, or proposes to increase the price of the package travel by more than 8%, the organizer must inform the traveler of this and notify him:
1° of the proposed changes and their effect on the price of the package travel;
2° of the possibility to terminate the agreement without costs, unless he accepts the proposed changes;
3° of the period within which he must notify the organizer of his decision;
4° of the fact that if he does not explicitly accept the proposed change within the specified period, the agreement will be automatically terminated, and
5° where applicable, of the proposed alternative package travel and its price.
9.3
When the changes to the package travel agreement or the alternative package travel result in a reduction in the quality or costs of the package travel, the traveler is entitled to an appropriate price reduction.
9.4
If the package travel agreement is terminated on the basis of Article 9.2 and the traveler does not accept an alternative package travel, the organizer will refund all amounts paid by the traveler no later than fourteen days after the agreement is terminated.

 

Article 10: Termination by the organizer before departure
10.1
The organizer may terminate the package travel agreement:
1° if the number of persons registered for the package travel is less than the minimum number specified in the agreement and the traveler is informed by the organizer of the termination of the agreement within the period specified in the agreement, but no later than:
a) twenty days before the start of the package travel for trips lasting more than six days;
b) seven days before the start of the package travel for trips lasting between two and six days;
c) 48 hours before the start of the package travel for trips lasting less than two days, or
2° if he cannot perform the agreement due to unavoidable and extraordinary circumstances and he informs the traveler of the termination of the agreement before the start of the package travel.
10.2
In these cases, the organizer will refund all amounts received for the package travel to the traveler without being liable for any additional compensation.

 

Article 11: Termination by the traveler
11.1
The traveler can terminate the package travel agreement at any time before the start of the package travel. Upon termination, the traveler may be required to pay a termination fee to the organizer.
The package travel agreement may specify standardized termination fees based on the time of termination before the start of the package travel and the expected cost savings and income from alternative use of the travel services.
If no standardized termination fees have been established, the amount of the termination fee corresponds to the price of the package travel minus the cost savings and income from alternative use of the travel services.
11.2
However, if unavoidable and extraordinary circumstances occur at the destination that have significant consequences for the performance of the package travel or that have significant consequences for the passenger transport of the travelers to the destination, the traveler has the right to terminate the package travel agreement without paying a termination fee. In case of termination of the package travel agreement on the basis of this article, the traveler is entitled to a full refund of all amounts paid for the package travel, but cannot claim additional compensation.
11.3
The organizer will refund all amounts paid by or on behalf of the traveler, minus the termination fee, no later than fourteen days after termination.

 

Article 12: Non-conformity during the trip
12.1
The traveler must inform the organizer without delay of any non-conformity that he has established during the performance of a travel service included in the package travel agreement.
12.2
If one of the travel services is not performed in accordance with the package travel agreement, the organizer will remedy this non-conformity, unless:
1° it is impossible, or
2° it involves disproportionate costs, taking into account the degree of non-conformity and the value of the travel services concerned.
If the organizer does not remedy the non-conformity, the traveler is entitled to a price reduction or compensation in accordance with Article 15.
12.3
If the organizer does not remedy the non-conformity within a reasonable period set by the traveler, the traveler has the opportunity to do so himself and to request reimbursement of the necessary expenses. It is not necessary for the traveler to set a period if the organizer refuses to remedy the non-conformity, or if an immediate solution is required.
12.4
If a significant part of the travel services cannot be performed, the organizer will offer, without additional costs for the traveler, other arrangements of, if possible, equivalent or higher quality.
If the other proposed arrangements result in a package travel of lower quality, the organizer will grant the traveler an appropriate price reduction.
The traveler can only reject the other proposed arrangements if they are not comparable to what was agreed in the package travel agreement, or if the granted price reduction is insufficient.
12.5
If the non-conformity has significant consequences for the performance of the package travel and the organizer has not remedied it within a reasonable period set by the traveler, the traveler may terminate the package travel agreement without paying a termination fee and, where applicable, request a price reduction and/or compensation. If the package travel includes passenger transport, the organizer also provides for the repatriation of the traveler.
If no other arrangements can be proposed or the traveler rejects the other proposed arrangements, the traveler, where applicable, is also entitled to a price reduction and/or compensation without terminating the package travel agreement.
12.6
If, due to unavoidable and extraordinary circumstances, it is not possible to ensure the return of the traveler as agreed in the package travel agreement, the organizer will bear the costs of the necessary accommodation, for a maximum of three nights per traveler.
12.7
The limitation of costs referred to in 12.6 does not apply to persons with reduced mobility, to persons accompanying them, to pregnant women, to unaccompanied minors, and to persons requiring specific medical assistance, provided that the organizer was informed of their special needs at least 48 hours before the start of the package travel.
12.8
The organizer cannot invoke unavoidable and extraordinary circumstances to limit liability if the carrier involved cannot invoke it under the applicable Union law.
12.9
The traveler can address messages, requests, or complaints related to the performance of the package travel directly to the reseller from whom he purchased the package travel. The reseller will forward these messages, requests, or complaints to the organizer without delay.

 

Article 13: Liability of the traveler
The traveler is liable for the damage that the organizer and/or reseller, their appointees and/or representatives incur due to his fault, or when he has not fulfilled his contractual obligations.

 

Article 14: Liability of the organizer and the professional
14.1
The organizer is liable for the performance of the travel services included in the package travel agreement, regardless of whether these services are provided by the organizer or by other travel service providers.
14.2
If the organizer is established outside the European Economic Area, the obligations for organizers apply to the reseller established in a Member State, unless the reseller proves that the organizer meets the conditions prescribed by the law of November 21, 2017.

 

Article 15: Price reduction and compensation
15.1
The traveler is entitled to an appropriate price reduction for any period during which there was non-conformity of the provided services, unless the organizer proves that the non-conformity is attributable to the traveler.
15.2
The traveler is entitled to appropriate compensation from the organizer for any damage he incurs as a result of non-conformity. The compensation will be paid without delay.
15.3
The traveler is not entitled to compensation if the organizer proves that the non-conformity is attributable to:
1° the traveler;
2° a third party not involved in the performance of the travel services included in the package travel agreement, and the non-conformity could not be foreseen or prevented, or
3° unavoidable and extraordinary circumstances.

 

Article 16: Obligation to Assist

16.1

The organizer shall provide appropriate assistance without delay to the traveler in difficulty, in particular by: 1° providing useful information on medical services, local authorities, and consular assistance; 2° assisting the traveler with remote communications and finding alternative travel arrangements.

16.2

If the difficulties are the result of the traveler's intent or negligence, the organizer may request compensation for this assistance. This compensation shall not exceed the actual costs incurred by the organizer.

 

Article 17: Complaints Procedure

17.1

If the traveler has a complaint before departure, they must report it to the organizer or reseller as soon as possible in an evidence-based manner.

17.2

Complaints during the execution of the package travel contract must be reported by the traveler as soon as possible on the spot, in an appropriate and evidence-based manner, to the organizer or reseller, so that a solution can be sought.

17.3

If a complaint is not satisfactorily resolved on site or if the traveler is unable to formulate a complaint on site, they must submit a complaint in an evidence-based manner to the organizer or reseller without delay after the end of the travel contract.

 

Article 18: Conciliation Procedure

18.1

In case of a dispute, the parties must first seek an amicable settlement among themselves.

18.2

If this attempt at an amicable settlement fails, any of the parties involved may request the non-profit organization Travel Dispute Committee to initiate a conciliation procedure. All parties must agree to this.

18.3

For this purpose, the secretariat will provide the parties with a conciliation regulation and a "conciliation agreement."

18.4

In accordance with the procedure described in the regulation, an impartial conciliator will then contact the parties to seek an equitable conciliation between them.

18.5

Any agreement reached will be recorded in a binding written agreement.

 

Article 19: Arbitration or Court

19.1

If no conciliation procedure is initiated or if it fails, the claiming party may, if desired, initiate an arbitration procedure with the Travel Dispute Committee or bring the case before the court.

19.2

The traveler can never be forced to accept the competence of the Travel Dispute Committee, neither as a claiming party nor as a defending party.

19.3

The organizer or reseller, as the defending party, can refuse arbitration only if the amount claimed by the claiming party exceeds €1,250. They have a period of 10 calendar days from receipt of the registered letter or email with acknowledgment of receipt indicating that a file with a claim starting from €1,251 has been opened with the Travel Dispute Committee.

19.4

This arbitration procedure is governed by a dispute regulation and can only be initiated after a complaint has been submitted to the company itself and it is established that the dispute could not be resolved amicably, or as soon as 4 months have passed after the (planned) end of the trip (or possibly from the service that gave rise to the dispute). Disputes concerning bodily injuries can only be settled by the courts.

19.5

The paritarily composed arbitration board will issue a binding and final decision on the travel dispute in accordance with the dispute regulation. There is no appeal possible against this decision.

 

Secretariat of the Travel Dispute Committee:

Telefoon: 02 277 62 15 of 02 277 61 80 (9u tot 12u);

Fax: 02 277 91 00

City Atrium, Vooruitgangstraat 50, 1210 Brussel

E-mail: reisgeschillen@clv-gr.be

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