These terms and conditions apply to package travel contracts booked with Explorogist SRL as defined by the Belgian law of 21 November 2017 on the sale of package tours.
Article 1: Acceptance of these Terms and Conditions of sale
These Terms and Conditions of sale apply to all bookings made with “Explorogist SRL”. They come in addition to the information provided to the traveler prior to purchase. Finally, these Terms and Conditions of sale inform the customer of the conditions in which Explorogist SRL offers its travels.
The customer ensures to have the capacity to contract under the conditions described in these Terms and Conditions of Sale.
A PDF version of these Terms and Conditions is available at the following link: www.explorogist.com/terms-conditions/
The customer acknowledges having read and received these terms and conditions in their entirety, specific clauses as well as all the terms of the proposal, before having made his/her booking with Explorogist SRL.
Article 2: Definitions
In these Terms and Conditions, Explorogist SRL will also correspond to the names “we”, “the company”, “our”, “the organizer”, “the company”.
The “customer” will correspond to the person wishing to conclude a travel contract with Explorogist SRL. The customer will also be referred to as “you”, “the traveler”, “the buyer”.
We sell package tours. By package travel, we mean the combination of at least two different types of travel services for the same trip.
Article 3: Pre-contractual Information
Explorogist SRL communicates to the traveler, before they are bound by a package travel contract, the legally prescribed standard information and the information mentioned below in case they apply to this trip:
1 ° The essential characteristics of the package tour:
- the destination (s), itinerary and periods of stay, including dates and number of nights;
- the means, characteristics and categories of transport; the places, the dates and times of departure and return; the duration and place of stops and connections, or when the exact time has not yet been set, the traveler is informed of the approximate time of departure;
- the situation, the main characteristics and the category of accommodation under the rules of the country of destination;
- meals and drinks provided;
- tours, excursions or other services included in the total price agreed for the package tour;
- when it is not clear, whether the travel services will be provided to the traveler as a member of a group;
- the language in which other tourism services will be provided; and
- if the trip is, in general, suitable for people with reduced mobility.
2 ° The total price of the package tour as well as an estimate of the additional costs that the traveler may still have to bear.
3 ° The terms of payment.
4 ° The minimum number of persons required for the trip to be confirmed and realized.
5 ° The deadline by which we will inform them in case the minimum number of people is not reached.
6 ° General information relating to the conditions of entry into a country (passports, visas) and relating to health formalities.
7 ° The mention that the traveler may terminate the contract in consideration of cancellation fees.
8 ° Information on the fact that Explorogist SRL does not sell cancellation insurance or assistance insurance. However, we will inform that the Belgian law obliges us to subscribe to a fund of guarantee, covering the customer against our insolvency.
9 ° Any promotions may lead to specific cancellation conditions. These promotions are not systematic and are specific to each trip.
The appropriate standard information form is provided to the traveler.
Finally, all pre-contractual information provided to the traveler forms an integral part of the package travel contract. These cannot be changed except in the case of mutual agreement between the contracting parties.
Article 4: Information concerning the traveler
The person concluding a package travel contract must provide Explorogist SRL with all information that could influence the conclusion of the contract or the smooth running of the trip.
If the traveler provides incorrect information that entails additional costs for Explorogist SRL, these additional costs may be charged to the traveler.
Article 5: Price
All prices are available in Euro (€). Prices will be available in the local value, according to the exchange rate of the day.
Our prices are expressed on room to share (unless otherwise stated). Only the services mentioned explicitly in the descriptions of the trips are included in the price. Unless otherwise stated, our prices do not include:
1° Tourist taxes
2° Visa fees
3° Optional tours and excursions
4° Beverages not mentioned in the trip descriptions, tips and personal expenses
5° Meals not mentioned in the trip descriptions
6° Supplementary insurance
7° Excess baggage
8° Transport to the trip starting point
9° Visits or excursions not mentioned in the travel description.
Explorogist SRL may change the price of the trip, both upwards and downwards, to take into account the following variations:
1° Evolution of the price of fuel/energy
2° Taxes or fees
3° The exchange rate
The price change shall not be greater than the actual increase in the price of the alternatives set out above.
Explorogist SRL will inform the Customer of any price increase no later than 20 days before departure accompanied by a justification and calculation methods.
Following the law, if Explorogist SRL would be forced to change the initial price of the trip by more than 8%, we will inform the customer about the proposed increase and its impact on the price. The customer will have the choice to:
1° terminate his contract and obtain, free of charge, the refund within 14 days of the amounts paid
2° accept the modification proposed by Explorogist SPRL. An amendment to the contract will then be made to regularize the changes made.
The customer must respond to Explorogist SRL within a reasonable time, as indicated in the information sent to the customer.
Finally, for any registration for a trip, whether confirmed or not, a deposit is required to validate the registration. This deposit can be up to 20% of the total price of the trip and is specific to each destination. The entire trip must be paid 30 days before the departure date. We undertake to transmit to the customer all the documents necessary for his/her trip when the total price of the trip has been paid.
A reservation is accepted and becomes final only from the date Explorogist SRL issues a confirmation to the customer making the booking or to his authorized travel agent. It is at this stage that a contract between Explorogist SRL and the customer comes into force. We would like to highlight that for each tour, a minimum number of participants is required. A contract between Explorogist and the client cannot become final before that number is reached.
For all bookings, any acknowledgment of your reservation request that we send to you in the meantime does not constitute a confirmation of your reservation. Before your reservation is confirmed and a contract comes into effect, Explorogist SRL reserves the right to increase or decrease prices. A contract will come into effect when the minimum number of participants for the trip is reached. This minimum number of travelers differs according to the tours and is always indicated in the travel description.
Article 6: Method of payment
Purchased travel must be paid electronically via our website www.explorogist.com or via bank transfer to our account if the client requests it.
Article 7: Modification by the customer
Any request for a modification or cancellation of a reservation must be sent by email to Explorogist SRL at the following address: firstname.lastname@example.org
Explorogist SRL will investigate all requests for changes. These will be subject to the agreement of the company Explorogist SRL and existing availabilities. The initial contract will remain applicable if it is impossible to make the desired change. Any changes will result in fees calculated depending on the type of trip booked by the customer. We distinguish two types of trips involving different modification fees:
1° Travel without any air ticket included in the package,
2° Travel with air tickets included in the package.
For journeys without an airline ticket, Explorogist SRL reserves the right to pass on any costs incurred by the modification to the customer. In addition, 50 euros TTC will be charged for the administrative management of this change.
These same conditions apply in the case of change of name or typographical errors of the names communicated during the reservation by the customer.
For journeys with air ticket (s) included, Explorogist SRL will automatically pass on to the customer all the costs related to air transport (modification of tickets, and/or reservation of new tickets necessary for the requested change). In addition, 50 euros TTC will be charged for the administrative management of this change.
In most cases, on-site modifications are not accepted. However, in the event of an approved change, the possible supplement, payable by the customer, must be paid on the spot. Unused benefits will not be refunded.
Article 8: Cancellation and costs incurred
If the customer does not show up at the start, at the time and place mentioned in his/her travel plan or if the customer wants to cancel his/her participation in the trip for any reason whatsoever, the trip will not be refunded in any way and a cancellation fee will be requested (see below).
The date chosen to define the cancellation period will be the working day following receipt of the modification or cancellation request.
As mentioned in the article “7 Modification by the customer”, we distinguish two types of trips with different cancellation fees:
1° Travel without any air ticket included in the package,
2° Travel with air tickets included in the package.
For trips without air ticket included in the package, the following cancellation fees will be requested (in % of the total price of the trip):
1° 66 days or more before departure: 10%
2° between 65 days and 50 days before the departure date: 30%
3° between 49 days and 30 days before the departure date: 50%
4° 29 days or less before the date of departure or no-show: 100%
For trips with air ticket (s) included in the package, the following cancellation fees will be requested (in % of the total price of the trip):
1° 66 days or more before the departure: 10% + 100% of the cost of the flights included in the tour
2° between 65 days and 50 days before the departure date: 30% + 100% of the cost of the flights included in the tour
3° between 49 days and 30 days before the departure date: 50% + 100% of the cost of the flights included in the tour
4° 29 days or less before the date of departure or no-show: 100% + 100% of the cost of the flights included in the tour
Article 9: Transfer of the travel contract
Any transfer of a travel contract made under the conditions set out in Chapter 2 of the law of 21 November 2017 on the sale of package tours will entail costs up to the full price of the trip according to the departure date and transportation used.
The package travel contract is transferable to another traveler with reasonable notice (the transferee must satisfy the terms of the contract and pay any reasonable additional charges) (Art.16). A period of 7 days will be considered reasonable. The assignor of the package travel contract and the assignee are jointly and severally liable for the costs as a result of the assignment.
The transferor is required to inform us of his/her decision by email to email@example.com, no later than seven days before the start of the trip.
Article 10: Interruption of the trip by the client
Any trip or stay interrupted or shortened or any service previously paid but not consumed whatever the cause, except in case of force majeure or the fact of Explorogist SRL or one of its providers, will give rise to no refund even in case of repatriation.
Article 11: Modification or cancellation of services by Explorogist SRL
If Explorogist SRL was forced to modify any of the elements of the contract, only the dates, the price, and the destination are considered as essential elements of the contract.
The modification of one or more non-essential elements of the contract cannot justify a claim for compensation from the customer. In case of a change of a non-essential element by Explorogist SRL, we undertake to replace it with an element of the same category or of a higher category. Also, the route of a circuit may be modified to provide quality services at least equivalent to non-essential elements previously agreed on services.
In case of changes in essential elements by our company, we undertake to inform the traveler about:
2° The reasonable period within which he/she must react
3° If he/she does not respond within that period, the contract is automatically terminated
4° A possible alternative trip (if possible of equal or higher quality), as well as its price.
The traveler can:
1° Accept the change or terminate the contract without charge. The refund of the customer will take place within 14 days; or
2° Accept the alternative trip (with a price reduction if the quality of the trip is lower).
In the event of cancellation for exceptional circumstances, Explorogist SRL will reimburse the client for all sums already paid to the exclusion of all other amounts not yet received by our company. All costs incurred beforehand by the customer can not result in any refund or compensation. These expenses incurred previously correspond to the values of visa, transport, pre and post routing (air, rail, maritime, or other).
If the customer has paid the deposit but not the outstanding balance 30 days before the beginning of the package tour, Explorogist reserves the right to cancel the trip of the customer. This cancellation could be done without compensation and/or retaining any amount corresponding to any losses suffered by Explorogist or its service providers.
Article 12: Duration of the journey
The duration of the trip is calculated in number of nights. This does not include the time required for the customer to travel to the place of departure of the trip sold.
Article 13: Air transport
In the case of trips requiring air transport reservations by Explorogist SRL, we provide for each passenger one check-in baggage in standard hold. The customer will receive the precise conditions in his/her travel plan.
Explorogist SRL is not responsible for any additional costs or expenses charged to travelers for any infringements of baggage transport. The traveler will pay for overweight luggage. Also, any transportation of luggage requiring authorization from the carrier must be reported in writing at the time of booking.
Finally, according to Article 9 of the European Regulation 2111/2005 of 14 December 2005, the blacklist of airlines banned from operating in the European Community can be consulted on the website: https://ec.europa.eu/transport/modes/air/safety/air-ban_en
Article 14: Other checks required before the trip
The customer will have the entire responsibility to check that he/she has all the documents necessary to carry out his/her journey. For instance, this includes a valid identity card, valid passport, international driving license if stipulated in the travel book, etc. The official ID used must be the same as the ticket.
For some destinations, Explorogist SRL will stipulate that certain health obligations will apply (such as vaccines, for example) before making the trip. If the traveler does not carry out these vaccinations (or other health obligations) before entering the territory concerned by the trip, the consequences will only be borne by the traveler. If for one of the reasons mentioned above, the trip could not be made or continued, the travel contract would be broken, and the customer will not receive any compensation.
However, Explorogist SRL undertakes to return to the client any unspent money that we still hold. Also, if Explorogist SRL receives other reimbursements from its local service providers, we undertake to transfer these to the customer.
Article 15: Repatriation insurance and assistance
Explorogist SRL does not include in its travels any insurance or repatriation assistance. Explorogist SRL, however, protects its clients against the insolvency of the SRL’s activities.
Articles 16: Exceptional circumstances
In the event of exceptional circumstances making it impossible to perform the package tour, Explorogist SRL will inform the customer by all means available: telephone, post, e-mail. In the event of exceptional and unavoidable circumstances, Explorogist SRL will refund the customer within 14 days, without compensating the customer more than the price of the trip.
Article 17: Complaints and complaints procedure
Complaints concerning the conditions of the stay must be made without delay, by email to: firstname.lastname@example.org
If it transpires during the journey that certain services cannot be performed following the contract, the traveler must inform the organizer without undue delay. In case of minor non-compliance: the organizer will remedy it unless this is impossible or leads to disproportionate costs.
If a significant portion of the travel services cannot be performed:
1° We will offer an alternative (no charge, of equal or superior quality).
2° If this leads to a decrease in class, we will propose a price reduction.
3° If the alternative services are of comparable quality, then the customer agrees to accept the alternative.
4° If there is no similar quality or if the proposed discount is not appropriate, the traveler may terminate the contract, and we will offer compensation (see article 20).
Claims relating to loss or damage of a piece of baggage (on a flight included in the package) must be made to the airline or its representative on the day of arrival.
We do not accept any liability for hand luggage, clothing, cameras, camcorders, and other personal belongings left in coaches, planes, hotels, or restaurants while traveling, as well as for souvenirs purchased while traveling. We accept to transport these without engaging our responsibility and within the limits of available space in the bunkers of the coach. On the other hand, we cannot search for forgotten objects or clothes while traveling.
Article 18: Traveler’s liability
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/her fault or as a result of non-performance of his/her contractual obligations.
Article 19: Responsibility of Explorogist SRL
Explorogist SRL is responsible for the execution of the travel services included in the package travel contract, regardless of whether these services are to be performed by itself or by other travel service providers.
Article 20: Price reduction and compensation
The traveler is entitled to an appropriate price reduction for any period of non-compliance of the services provided unless the organizer proves that the non-compliance is attributable to the traveler.
The traveler is entitled to appropriate compensation from the organizer for any loss suffered as a result of non-compliance with the services provided. Compensation is made without undue delay.
The traveler is not entitled to any compensation if the organizer proves that the non-conformity is due:
1 ° to the traveler;
2 ° to a third party not involved in the provision of travel services included in the package travel contract and such non-compliance is of an unforeseeable or unavoidable nature; or
3 ° exceptional and unavoidable circumstances.
Article 21: Obligation to assist
Explorogist SRL provides without delay appropriate assistance to the traveler in difficulty including:
1 ° providing useful information on health services, local authorities and consular assistance;
2 ° by helping the traveler to carry out remote communications and to find other travel services.
The organizer is entitled to charge for this assistance if the difficulty is caused intentionally by the traveler or by his/her negligence. The invoiced price will not exceed, in any case, the real costs incurred by the organizer.
Article 22: Reconciliation procedure
In case of dispute, the parties must first try to find an amicable agreement between them.
If this attempt at an amicable settlement has not been successful, each of the parties concerned may contact the secretariat of the “Travel Litigation Committee” to initiate a reconciliation procedure. All parties must agree.
The secretariat will provide the parties with a reconciliation settlement and a reconciliation agreement”.
Following the procedure described in the Regulation, an impartial conciliator will contact the parties to pursue a fair reconciliation between them.
Any agreement reached will be recorded in a contract binding the parties.
Article 23: Arbitration or court
If no reconciliation procedure has been commenced or if the reconciliation procedure has failed, the complaining party may initiate arbitration proceedings with the Belgian Travel Disputes Commission or proceedings in the court.
The organizer or retailer who is a defendant might refuse an arbitration procedure only if the amounts claimed exceed € 1,250. The organizer or retailer has 10 calendar days from the reception of the registered letter or the email with acknowledgment of receipt signalling the opening of a file of an amount of 1,251 euros or more to the Commission of Disputes Travel.
This arbitration procedure is subject to dispute resolution, and may be initiated after the lodging of a complaint with the company even if it proves that an amicable solution could not be found or as soon as 4 months have elapsed since the end (planned) of the trip, or possibly from the service that gave rise to the dispute. Disputes concerning bodily injury can only be settled by the courts.
The arbitral panel, composed equally, renders a binding and final award following the dispute resolution. No claim is possible.
Article 24: GDPR – Data processing policy
Confidentiality and security are of paramount importance to Explorogist SRL, and we strive to ensure that our technical and organizational measures respect your data protection rights.
Consent: by subscribing to our newsletters, entering into a contract, requesting an offer, or filling out a contact form on our website www.explorogist.com, you agree that Explorogist SRL may collect, process, and store your personal data. By giving us your consent, you also retain the right of rectification, the right to be forgotten, and / or the right to the deletion of your data.
Standard information form for package travel contracts where the use of hyperlinks is possible
The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302.
Therefore, you will benefit from all EU rights applying to packages. Company XY/companies XY will be fully responsible for the proper performance of the package as a whole.
Additionally, as required by law, company XY/companies XY has/have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes/they become insolvent.
More information on key rights under Directive (EU) 2015/2302 (to be provided in the form of a hyperlink).
Following the hyperlink the traveller will receive the following information:
Key rights under Directive (EU) 2015/2302
Travellers will receive all essential information about the package before concluding the package travel contract.
There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the organiser or the travel agent.
Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8 % of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.
The organiser has to provide assistance if the traveller is in difficulty.
If the organiser or, in some Member States, the retailer becomes insolvent, payments will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. XY has taken out insolvency protection with YZ (the entity in charge of the insolvency protection, e.g. a guarantee fund or an insurance company). Travellers may contact this entity or, where applicable, the competent authority (contact details, including name, geographical address, email and telephone number) if services are denied because of XY’s insolvency.
Directive (EU) 2015/2302 as transposed into national law http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=2017112104&table_name=loi
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