Special and General Travel Conditions

Article 1: Scope of application

These General Terms and Conditions apply to package travel agreements booked from 1 July 2018 onwards and are governed by the Act of 21 November 2017 on the sale of package travel, linked travel arrangements and travel services.

Article 2: Information to be provided by the organiser and retailer before concluding the package travel agreement

§1. Before the traveller is bound by a package travel agreement, the organiser and, where applicable, the retailer shall provide the traveller with the legally required standard information, as well as — where relevant to the package travel — the following:

1° The main characteristics of the travel services:

a) the destination(s), itinerary and periods of stay, including dates and number of nights;

b) the means of transport, their characteristics and categories, places, and dates and times of departure and return, duration and location of stopovers and connections; where the exact time is not yet fixed, it shall be indicated approximately;

c) the location, main characteristics and category of the accommodation according to the rules of the destination country;

d) meals provided;

e) visits, excursions or other services included in the total price of the package travel;

f) where it is not clear, whether the travel services are provided to the traveller as part of a group;

g) the language(s) in which other tourist services will be provided, where applicable;

h) whether the trip is generally suitable for persons with reduced mobility.

2° The total price of the package travel and, where applicable, the types of additional costs that may still be payable by the traveller;

3° Payment arrangements;

4° The minimum number of persons required for the package travel to take place and the deadline for possible cancellation if this number is not reached;

5° General information on passport and visa requirements of the destination country, including approximate time required to obtain a visa and information on health formalities;

6° A statement that the traveller may terminate the agreement subject to payment of a termination fee;

7° Information on cancellation and/or assistance insurance.

§2. The professional shall ensure that the correct standard information form is provided to the traveller.

§3. The pre-contractual information provided to the traveller forms an integral part of the package travel agreement and may not be amended unless by mutual agreement of the parties.

Article 3: Information to be provided by the traveller

1. The person concluding the package travel agreement must provide the organiser and the retailer with all relevant information about themselves and their fellow travellers that may be important for concluding or performing the agreement.

2. If incorrect information is provided by the traveller and this leads to additional costs for the organiser and/or retailer, such costs may be charged to the traveller.

Article 4: The package travel agreement

§1.
1° Upon concluding the package travel agreement or within a reasonable period thereafter, the organiser or retailer shall provide the traveller with confirmation of the agreement on a durable medium (e.g. email, paper document or PDF).

2° Where the agreement is concluded in the simultaneous physical presence of the parties, the traveller is entitled to request a paper copy.

§2. The package travel agreement or confirmation thereof shall contain the full content of the agreement, including the information referred to in Article 2, as well as:

1° any special requests of the traveller accepted by the organiser;
2° confirmation that the organiser is responsible for the proper performance of the package travel and has a duty of assistance;
3° the name and contact details of the entity providing insolvency protection;
4° the name, address, telephone number and email address of the organiser’s local representative or other contact point for assistance or complaints;
5° the obligation of the traveller to report any lack of conformity during the trip;
6° contact details for an unaccompanied minor or the person responsible for them at their place of stay;
7° information on internal complaint handling;
8° information on the Travel Disputes Committee and the EU online dispute resolution platform;
9° information on the traveller’s right to transfer the agreement.

§3. Prior to departure, the organiser shall provide the traveller with:
1° necessary receipts;
2° vouchers and transport tickets;
3° information on scheduled departure times and, where applicable, check-in deadlines, stopovers, connections and arrival times.

Article 5: Price revision

§1.
1° Prices may only be increased after conclusion of the agreement if the contract expressly allows it.
2° The calculation method must be specified in the agreement.
3° Price increases are permitted only as a direct result of changes in:
a) fuel or energy costs;
b) taxes or fees imposed by third parties (including tourist taxes);
c) relevant exchange rates.

4° The traveller is entitled to a price reduction if these costs decrease.

§2. If the increase exceeds 8% of the total price, the rules on contract modification apply.

§3. Any increase must be notified at least 20 days before departure on a durable medium, including justification and calculation.

§4. In case of a price reduction, administrative costs may be deducted, provided they are justified upon request.

Article 6: Payment

1. Unless otherwise agreed, a deposit as specified in the special conditions is payable upon booking.

2. The balance must be paid no later than one month before departure, unless otherwise agreed.

3. Failure to pay after formal notice entitles the organiser and/or retailer to terminate the agreement at the traveller’s expense.

Article 7: Transfer of the agreement

§1. The traveller may transfer the agreement to another person who meets all conditions, provided that:
1° the organiser/retailer is informed no later than 7 days before departure via a durable medium;
2° any additional costs are borne by the traveller.

§2. The transferring and receiving parties are jointly liable for outstanding amounts and additional costs.

Article 8: Other changes requested by the traveller

Any costs arising from requested changes may be charged to the traveller.

Article 9: Changes by the organiser before departure

The organiser may only make minor changes, provided this right is reserved and the traveller is informed on a durable medium.

If significant changes or a price increase exceeding 8% are proposed, the traveller must be informed of:

• the proposed changes and price impact;

• the right to cancel free of charge;

• the response deadline;

• automatic termination if no response is given;

• any alternative package offered.

Appropriate price reductions apply where quality or cost decreases.

Refunds must be made within 14 days if the agreement is terminated.

Article 10: Cancellation by the organiser

The organiser may cancel if:

• minimum participation is not met within legal deadlines; or

• unavoidable and extraordinary circumstances occur.

All payments must be refunded without additional compensation.

Article 11: Cancellation by the traveller

The traveller may cancel at any time subject to cancellation fees, unless extraordinary circumstances apply, in which case a full refund is due without compensation.

Article 12: Lack of conformity during the trip

The traveller must report issues promptly.
The organiser must remedy them unless impossible or disproportionate.
If not remedied, the traveller may claim price reduction and/or compensation.

Accommodation costs due to unavoidable circumstances are covered for up to 3 nights, with exceptions for vulnerable travellers.

Article 13: Liability of the traveller

The traveller shall be liable for any damage suffered by the organiser and/or the retailer, their employees and/or representatives as a result of the traveller’s fault or failure to comply with their contractual obligations.

Article 14: Liability of the organiser and the professional

1. The organiser shall be liable for the performance of the travel services included in the package travel agreement, regardless of whether these services are performed by the organiser or by other travel service providers.

2. Where the organiser is established outside the European Economic Area, the retailer established in a Member State shall be subject to the obligations applicable to organisers, unless the retailer proves that the organiser complies with the requirements laid down by the Act of 21 November 2017.

Article 15: Price reduction and compensation

§1.
The traveller is entitled to an appropriate price reduction for any period during which there was a lack of conformity in the services provided, unless the organiser proves that the lack of conformity is attributable to the traveller.

§2.
The traveller is entitled to appropriate compensation from the organiser for any damage suffered as a result of a lack of conformity. Such compensation shall be paid without undue delay.

§3.
The traveller shall not be entitled to compensation if the organiser proves that the lack of conformity is attributable to:
1° the traveller;
2° a third party not involved in the provision of the travel services included in the package travel agreement, and the lack of conformity could not have been foreseen or prevented; or
3° unavoidable and extraordinary circumstances.

Article 16: Obligation to provide assistance

§1.
The organiser shall provide appropriate assistance without undue delay to any traveller in difficulty, in particular by:
1° providing useful information on medical services, local authorities and consular assistance;
2° assisting the traveller with distance communication and helping to find alternative travel arrangements.

§2.
If the difficulty is caused intentionally or through negligence on the part of the traveller, the organiser may charge a fee for such assistance. This fee shall not exceed the actual costs incurred by the organiser.

Article 17: Complaints procedure

1. If the traveller has a complaint prior to departure, they must submit it as soon as possible on a durable medium to the retailer or organiser.

2. Complaints arising during the performance of the package travel agreement must be reported as soon as possible on site, in an appropriate and verifiable manner, in order to allow a solution to be sought.

3. If a complaint was not satisfactorily resolved on site or if it was impossible for the traveller to submit a complaint on site, the traveller must submit their complaint on a durable medium to the retailer or organiser no later than one month after the end of the package travel agreement.

Article 18: Mediation procedure

1. In the event of a dispute, the parties must first seek an amicable settlement between themselves.

2. If this attempt at amicable settlement fails, either party may request the non-profit organisation Travel Disputes Committee to initiate a mediation procedure. All parties must agree to this.

3. For this purpose, the secretariat shall provide the parties with the mediation rules and a “mediation agreement”.

4. In accordance with the procedure described in the rules, an impartial mediator shall then contact the parties in order to seek a fair settlement between them. Any agreement reached shall be recorded in a binding written agreement.

Article 19: Arbitration or court proceedings

1. If no mediation procedure is initiated or if mediation fails, the claimant may, at their discretion, initiate arbitration proceedings before the Travel Disputes Committee or bring proceedings before the competent court.

2. The traveller may never be obliged to accept the jurisdiction of the Travel Disputes Committee, whether as claimant or defendant.

3. The organiser or retailer acting as defendant may refuse arbitration only if the amount claimed by the claimant exceeds €1,250.
   In that case, the organiser or retailer has 10 calendar days from receipt of the notification (sent on a durable medium) indicating that a claim of €1,250 or more has been filed with the Travel Disputes Committee.

4. The arbitration procedure is governed by the disputes regulations and may only be initiated after a complaint has been submitted to the company itself, and once it has been established that the dispute could not be settled amicably or once four months have elapsed since the (scheduled) end of the trip (or, where applicable, since the service giving rise to the dispute).

5. Disputes relating to personal injury may only be settled by the courts.

6. The arbitral tribunal, composed on a parity basis, shall issue a binding and final decision on the travel dispute in accordance with the disputes regulations. No appeal is possible against this decision.

Article 1 – Prices

The price agreed in the package travel agreement is fixed, except in the event of obvious material errors. All mandatory travel services are included, with the exception of services which, under local regulations, must be paid locally and in cash by the traveller.

All prices are expressed per person, unless expressly stated otherwise.

The price includes all activities, meals and overnight stays as stated on the booking form.

The price does not include, among others: costs for passports, visas, vaccinations and insurance; personal expenses; optional gratuities; and optional excursions or activities not expressly stated as included.

Prices communicated orally or by telephone by the reservations department are always subject to confirmation. Only written price confirmations are binding.

For files handled on request that do not result in a definitive booking, administration fees will be charged in the amount applicable at that time.

For files deviating from the standard programme, a supplement per file may be charged, as stated in the special conditions or quotation.

Any price revisions shall be carried out in accordance with Article 5 of these travel conditions.

Payment of the deposit and the balance, as well as the applicable payment deadlines, shall always be made as stated on the invoice. The cancellation conditions are included on the booking form and form an integral part of the package travel agreement.

Article 2 – Formalities

The traveller is required to take note of all information relating to the formalities to be fulfilled, as provided via the brochure, the website or by the travel intermediary/retailer. The traveller must be in possession of valid (non-expired) identity documents required for the booked trip. The international passport must be valid for at least six months after the scheduled return date. The traveller is personally responsible for obtaining any required visas in good time. Travellers of non-Belgian nationality must spontaneously declare their nationality at the time of booking.

Minor travellers must be in possession of a valid photographic identity document. Minors not accompanied by their parents or legal guardians must be able to present additional documents proving parental consent, including the travel dates, the address of stay at the destination and the domicile address in Belgium.

Any damage or consequences arising from failure to comply with the legal requirements of the destination country shall be borne entirely by the traveller.

The traveller is personally responsible for complying with required health regulations and any vaccinations. As the organiser has no medical authority, the traveller must always verify the information provided with a qualified doctor or medical authority.

The transport of pets is only permitted subject to compliance with specific guidelines communicated by the organiser. Pets must comply at all times with applicable vaccination and import regulations. The organiser accepts no liability for damage, delays or problems arising from travelling with pets.

Article 3 – Registration, cancellation and changes

The person registering other participants is responsible for ensuring that all persons registered by them comply with the General and Special Travel Conditions.

Cancellation costs depend on the date of cancellation. The date of cancellation is determined by the date on which the cancellation is received by the organiser. All amounts are expressed per person.

Cancellation conditions:

• up to 62 days before departure: 50% of the travel price*

• from 62 days before departure: 100% of the travel price*

If the traveller holds a valid cancellation insurance policy and the cancellation occurs for a reason accepted by the insurer, the cancellation costs shall be covered in accordance with the policy conditions.

(*) If the full cost of airline tickets is included in the deposit, the cancellation costs shall consist of the full ticket price, increased by the stated percentage of the land arrangement.

If the organiser has made advance payments for accommodation or other services, or in the event of specific conditions applying to, among others, cruises, tours, certain hotels or flights, the cancellation costs for these components may amount to 100%.

The premium for a cancellation insurance policy is non-refundable.

Changes to an already booked trip are only accepted subject to payment of the following change fees, in addition to any price adjustments imposed by third parties:

• up to 30 days before departure: €15 per person

• less than 30 days before departure: €25 per person

Cancellations or changes sent on a Saturday, Sunday or public holiday shall only take effect vis-à-vis the organiser on the next working day.

In the event of late payment of the balance, the organiser shall be entitled, after formal notice at the expense of the registrant, to terminate the package travel agreement and apply the contractual cancellation conditions.

Article 4 – Additional provisions: Local conditions and insurance

Road conditions and breakdowns in Tanzania
The infrastructure and condition of roads in Tanzania differ significantly from those in Europe. As a result, travel times cannot always be accurately estimated in advance and journeys may take longer than planned. Vehicles are also used intensively, making mechanical breakdowns a realistic possibility.

In the event of a breakdown, replacement vehicles, technical assistance or garages may not be immediately available. In such cases, the local KwiKwi-Tanzania team will make every effort to resolve the situation as quickly and practically as possible, taking local conditions into account. Any delays resulting from this shall be considered a consequence of local conditions inherent to the destination.

Insurance
The traveller is required to have a valid travel insurance policy prior to departure, covering at least medical expenses and repatriation. In addition, taking out cancellation insurance is strongly recommended.

If desired, the organiser can inform the traveller about suitable insurance options or provide assistance in this respect. However, it remains the traveller’s responsibility at all times to ensure they are adequately insured while travelling.

Article 5 – Luggage

In the event of loss or damage to luggage, the traveller must immediately complete a Property Irregularity Report (PIR) with the airport’s lost luggage service. Without this document, no compensation can be obtained. In the case of coach transport, the traveller must request a certificate from the accompanying staff member.

Article 6 – Timetables

The stated departure and arrival times are indicative only. The traveller must take into account that these schedules may be modified both before and during the trip for operational, organisational or local reasons.

Article 7 – Liability

The information contained in this document was prepared based on data known up to six months prior to publication. If changes occur in the operation, facilities or services of the products offered, these shall be communicated by the organiser as soon as they become known.

The organiser’s services commence and end at the agreed place of departure.

Article 8 – Complaints procedure

The traveller is required to report any lack of conformity during the performance of the package travel agreement immediately and in a verifiable manner to the organiser.

Refunds for services not provided can only be made provided the traveller submits a written certificate from the relevant service provider clearly stating which services were not delivered.

For disputes that cannot be resolved via the Travel Disputes Committee, only the courts of [to be completed: competent jurisdiction] shall have jurisdiction.

Article 9 – Information offered for sale

The information and offers contained in brochures, newsletters, on the website and via social media are compiled in good faith on the basis of the data available at that time.

Article 10 – Travel advice

The traveller declares that they have been properly informed about the special circumstances related to the coronavirus crisis that may affect the execution of the trip, as well as about the epidemiological situation at the destination. The traveller has taken note of the current travel advice issued by the Belgian Federal Public Service for Foreign Affairs, which, among other things, warns that non-essential travel from Belgium to countries outside the European Union is strongly discouraged for unvaccinated travellers.

The traveller declares that they are aware of the potential risks associated with the coronavirus and decides, with full knowledge of the facts, to undertake the trip.

Article 11 – Airlines and the European Air Safety List (ASL)

Domestic flights included in this trip are operated by airlines registered in Tanzania. The European Commission has decided to temporarily include all airlines with Tanzanian registration on the European Air Safety List (ASL), meaning that they are not permitted to operate within European airspace.

This measure results from an assessment of oversight by the Tanzanian aviation authorities and does not necessarily indicate unsafe operations by the airlines concerned. As this measure currently applies to all operators in Tanzania, no local alternatives are available.

The traveller expressly declares that they have been informed of this situation and accept the use of these airlines as part of the booked trip.