GENERAL AND PARTICULAR CONDITIONS
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In accessing and using the website you agree expressly with the following particular and general conditions:

Particular conditions, Geeky TravelGeneral conditions of the ‘Geschillen Commissie vzw’ (Dispute Commission, a Non-Profit Association)Geeky Travel Privacy Policy.

In the event of disagreement between the Particular and General Conditions, the Particular Conditions shall take precedence.

This website is the property of:

Geeky Travel BVBA
Stanislaw Maczekpark 34
9100 Sint-Niklaas

Belgium.

TAV BE 643.911.437

Geeky Travel BVBA recognises the authority and general conditions of the Dispute Commission for Travel;

Geeky Travel is insured against civil liabilities by Allianz;

Geeky Travel is insured against insolvency by Allianz.

[Note: in the following text the terms he/him/his are, for simplicity, used to refer to persons of either gender.]

 

1. Particular conditions

 

Article 1: Reservations, and payment terms

Once the Traveller has, via internet, expressed his interest in a voyage or event, he will as a first step receive by e-mail a non-binding travel proposal. If the Traveller wishes to participate, he will confirm this by e-mail. He will then receive from Geeky Travel a confirmation (the ‘Voyage Confirmation’) by e-mail. If after 21 days the Traveller has not yet received a Voyage Confirmation, he should inform Geeky Travel, either by e-mail or by registered letter. If no Voyage Confirmation has been received, then there has been no registration. In such a case Geeky Travel cannot accept any kind of liability. Unless expressly otherwise agreed, the Traveller immediately remits a part-payment of the total voyage cost, hereafter “the deposit”, as specified on the Voyage Confirmation. Geeky Travel will also provide an invoice. A reservation only becomes binding when the deposit, as determined by Geeky Travel, is paid by the Traveller and a copy of the booker's passport has been sent by email. It is possible that the overall voyage price will be adjusted according to the number of participants. In such cases this possibility will be clearly indicated in the Voyage Confirmation. Unless otherwise indicated in the Voyage Confirmation, the Traveller pays the balance of the total travel price (for which Geeky Travel will provide an invoice) at the latest 45 days before the departure and/or start date. Should the booking date be less than 45 days before the departure / start date, the full amount will be payable immediately.If the deposit and/or balance is not paid before Geeky Travel’s stated payment deadline, Geeky Travel has the right to refuse the Traveller’s participation in the voyage or event. The Traveller shall in such a case nevertheless be required to pay the full contractual sum. If the Traveller does not meet the payment deadline this shall, without the need for further reminders, constitute a breach of contract. In addition, this shall entitle Geeky Travel to fixed damages amounting to 10% of the amount owed by the Traveller to Geeky Travel. This applies as a fixed compensation for costs other than loss of interest and its own legal costs. Should Geeky Travel not meet its obligations, the consumer, i.e. a natural person or legal entity using or purchasing the services exclusively for non-business purposes, is similarly entitled to demand legal compensation.

 

Article 2: Cancellations

Cancellations must be sent by registered post or email to Geeky Travel. The date of posting or the receipt date of the email will then be valid as the cancellation date.

The Traveller will be required to recompense Geeky Travel as follows (amounts are given as a percentage of the total voyage cost or fixed amount):

For individual travellers:

Cancellation at more than 2 months before the start date:

Deposit of 30% will be retained, no further cost

Cancellation less than 2 months before the start date:

100 % travel sum payable

 

For Geeky group trips with a fixed departure date:

Cancellation at more than 10 weeks before the start date:

Cost of 100 EUR / USD per person. Deposit is refunded minus the before mentioned cost.

Cancellation less than 10 weeks before departure:

100 % travel sum payable

If more than 50 rooms have been reserved by the client, in all cases of cancellation (including cancellation more than 40 days before start date) 10% of the accommodation cost shall be recompensed to Geeky Travel.

 

Article 3: Cancellation or change by the travel organiser

Breach of contract by suppliers and/or third parties can oblige Geeky Travel to change or cancel a voyage, to minimise negative consequences for travellers. Should organisational or other reasons prevent a voyage from taking place – e.g. because the minimum number of participants is not achieved, or because of adverse weather – Geeky Travel has the right to change the voyage to a similar or better destination. Geeky Travel will then use its knowledge and experience to make the necessary judgements regarding equivalence. Under no circumstances will Geeky Travel reimburse third-party costs.

 

Article 4: Minors (as specified by law in the residing country)

Should minors wish to participate in a Geeky Travel-organised voyage or event, the person with parental responsibility (father, mother or guardian) must give their approval and fill in a travel authorisation for the minor. This document will be supplied to the participating minor together with the Voyage Confirmation, and must be completed, signed and returned to Geeky Travel.

 

Article 5: Exclusion of participation in a voyage or other event

Geeky Travel always has the right to refuse a Traveller’s participation in a voyage, or to refuse continuation of a voyage.
If a Traveller’s behaviour causes disturbance or nuisance to the general organisation of the voyage, fellow travellers, or the organisers, the Traveller can be excluded from further participation. The following (non-exclusive) list gives items that be regarded as such nuisance:

Possession or use of drugs, a perception of excessive alcohol use by adults, any use of alcohol by minors, use of violence.

Geeky Travel itself reserves the right to decide as to when it becomes necessary to exclude a Traveller from a voyage or from further participation in a voyage. The Traveller himself, or for a minor his parent(s) or guardian, shall then take immediate action to remove the Traveller from the voyage. If this concerns a minor, who then needs to be accompanied by someone from the organisation, all costs shall be borne by the traveller.

For any exclusion, whatever the reason for its occurrence, the resultant costs shall be the responsibility of the Traveller, or if a minor, his parent(s) or guardian. The minimum cost shall be €250 or equivalent in other currencies. Geeky Travel has the right to place such travellers on a list for exclusion from participation in all future voyages or events.

Geeky Travel can never be held responsible for the behaviour or actions of the traveller.

 

Article 6: Intellectual property rights

The contents of this site, including all trademarks, logos, drawings, product- or company-names, texts, images and the like are protected intellectual property belonging to Geeky Travel or rights-holding third parties.

 

Article 7: Transportation and administrative obligations

Unless otherwise stated in the Voyage Confirmation, Geeky Travel will not arrange the traveller’s transportation to the departure point of the tour.

If for whatever reason, the Traveller does not present himself at the designated time and place, he will nevertheless be responsible for paying the full travel cost. In such cases Geeky Travel will make best efforts to see what solutions might be offered, however without any form of guarantee.

The Traveller is also responsible for all administrative obligations that are required for him to gain entry to the destination land, and where appropriate to any other countries crossed.

In particular the Traveller shall ensure that he is in possession of all necessary valid identity cards, passports, visas and vaccination certificates. Geeky Travel will provide needed invitation documents to obtain visa or entry to the country of visit.

Geeky Travel can never be held liable for any refusal of entry by the destination country or any country crossed.

 

Article 8: Limitation of liability

The information on the website is general in nature. This information is not tailored to individual or specific circumstances, and therefore cannot be regarded as personal, professional or legal advice to the user.

Geeky Travel makes great efforts to ensure that the information provided is complete, correct and up-to-date. Nevertheless it is possible that errors in such information can arise. Should such errors occur, or should certain information not be available on the site, Geeky Travel will make every effort to correct this as soon as possible.

Geeky Travel cannot however be held liable for direct or indirect damage arising from any use of the information on this site.

The content of the site (including links) can at any time, without warning or pre-announcement, be updated, changed or enhanced. Geeky Travel offers no guarantees regarding the good functioning of the website, and can in no way held liable for any incorrect functioning or temporary (un)availability, or for any form of direct or indirect damage that may arise from access to or use of the website.

Geeky Travel can never under any circumstances, directly or indirectly, by whomsoever, be held liable for any damage that might be blamed on use of this or any other site, especially through use of hyperlinks, and including (without limitation) all losses, work stoppages, damage to programs or other elements in a computer system, or to the user’s apparatus, software or whatever.

The website can contain hyperlinks to third-party websites or pages, or reference them indirectly. The placing of such links can never be interpreted as involving any implicit approval of their contents.
Geeky Travel declares explicitly that it has no influence over the content or characteristics of such websites and can under no circumstances be held liable for such content or characteristics, or be held liable for any other form of damage associated with their use.

 

Article 9: Right of renunciation

With the exception of what is stated under article 2 of the particular conditions, THE TRAVELLER HAS NO RIGHT TO RENOUNCE THE PURCHASE ONCE MADE.
This is in accordance with the Belgian Royal Decree of 18 November 2002 concerning certain contracts-at-a-distance, namely for lodging, transport, restaurants and leisure, excluding them from application of articles 79 and 80 of the Law of 14 July 1991 on trading practices, provision of information to consumers, and consumer protection.

 

Article 10: Applicable law and competent court

Belgian Law is applicable to this site. In the event of any dispute, the Dendermonde district court is solely competent.

 

 

II. General conditions for travel, Disputes Commission for Travel

 

Article 1: Applicability

These general conditions are applicable to contracts concerning travel organisation and travel agency, as defined in the Belgian law of 16 February 1994 concerning the regulation of travel organisation and travel agency.

 

Article 2: Promotional material

1. The information in the travel brochure is binding for the travel organiser or travel agent, unless:
a) changes in this information are clearly communicated to the traveller, in writing, before the contract is closed; the brochure must communicate this explicitly;
b) Later changes arise as a result of a written agreement between the contract-parties.

2) The travel organiser and/or travel agent may cancel the whole or any part of his promotional material, for a predetermined or undetermined period.

Article 3: Information from the travel organiser and/or the travel agent

The travel organiser and/or the travel agent must:

1. Before closing the contract for travel-organisation or travel-agency, communicate the following to the traveller in writing:

a) general information about passports and visas, and about formalities regarding health care, as needed for the voyage and stay, so that the travellers can organise the necessary documents. Non-Belgian travellers will need to enquire at the embassy(ies) or consulate(s) involved, to obtain information as to which administrative formalities must be completed;

b) information about obtaining, and the contents of, cancellation and/or assistance-insurance;

c) the particular and general conditions applying to the contracts.

2. At the latest 7 calendar days before departure, communicate the following information to the travellers:

a) travel schedules, with intermediate stops and connections, including if possible the travellers’ seating reservations;

b) name, address, telephone number, fax number and/or e-mail address of, as appropriate: the local representative of the travel company or agent; local organisations who can help in the event of difficulties; the travel company or agent directly;

c) for foreign travel and residence of minors, the information needed for direct contact with the minor or with the person with local responsibility for his residence.

The above-mentioned 7-day term is not applicable to late-closed contracts.

 

Article 4: Information from the traveller

The traveller must provide the travel organiser or travel agent with all applicable information that has been expressly requested or could reasonably be seen as having bearing on the success of the voyage.

If the traveller submits incorrect information, and this leads to extra costs for the travel organiser or agent, such costs can de invoiced.

 

Article 5: Establishment of the contract

1. The travel agent or organiser must, at the moment that the travel is booked, provide the traveller with an order form conforming to legal requirements.

2. The contract with the organisation is established at the moment that the traveller receives from the travel organiser, where appropriate via the travel organiser’s nominated intermediary, a written confirmation of the booked voyage.

If the contents of the voyage confirmation differ from those of the order form, or the confirmation is not provided within 21 days of signature of the order form, then the voyager is entitled to assume that the voyage has not been booked, and the voyager has a right to immediate repayment of all moneys already paid.

 

Article 6: The price

The price agreed in the contract may not be changed, unless such changes and the method of their calculation are explicitly foreseen in the contract, and are the result of changes in:

a) the currency-exchange rates applied to the voyage and/or

b) the transportation costs, including fuel costs and/or

c) the taxes and levies imposed on certain services.

It is also a requirement that the expectation that such changes can also lead to a price reduction, be met.

2. Under no circumstances may the contract price be increased in the 20-calendar-day period prior to the date of departure.

3. Should the price increase exceed 10%, the traveller has the right to terminate the contract, without penalty. In such cases the traveller has a right to immediate repayment of all moneys that he has paid to the travel organiser.

 

Article 7: Payment of the travel price

1. Unless expressly agreed otherwise the traveller shall, by way of a deposit, pay a part of the total travel price as agreed in the particular travel conditions.

2. If the traveller, having been declared to be in default, neglects to pay the deposit or the travel cost that is required of him, the travel organiser and/or the travel agent shall have the right to terminate the contract, and charge all costs to the traveller.

3. Unless otherwise agreed on the order form, the traveller shall pay the residual part of the travel price at the latest 1 month before the date of departure; this assumes that the written travel confirmation and/or travel documents are provided at that moment or have previously been provided.

Article 8: Transfer of the booking

1. The traveller may before the start of the voyage transfer the voyage to a third person, who must then conform to all conditions of the contract with the travel organisation. The traveller must promptly inform the travel organiser, and where appropriate the travel agent, of this transfer.

2. The transferring traveller, and the replacement traveller, shall be severally responsible for payment of the total price of the voyage and the costs of transfer.

 

Article 9: Other changes by the traveller

If the traveller requests any other change, the travel organiser and/or the intermediary can invoice all resultant costs.

 

Article 10: Changes by the travel-organiser before departure

1. If before the start of the voyage it is apparent that an important point of the contract cannot be carried out, the travel organiser shall as quickly as possible, and in any event before departure, bring the traveller up to date and inform him of the possibility of terminating the contract without penalty, unless he accepts the change offered by the travel organiser.

2. The traveller shall inform the travel-intermediary or the travel organiser of his decision as quickly as possible, and in any event before departure.

3. If the traveller accepts the change, a new contract or contract addendum shall be prepared, stating the changes and their influence on the price.

4. If the traveller refuses the change, he may request application of Article 11.

 

Article 11: Cancellation by the travel organiser before departure

1. Should the travel organiser withdraw from the contract before the departure, for a reason not attributable to the traveller, then the traveller can choose either:

1) to accept a new offer of a voyage of equal or better quality, without the need to pay any supplement. Should the alternative voyage be of lower quality, the travel organiser shall reimburse the price difference promptly; or

2) prompt repayment of all moneys paid by him as part of the contract.

2. The traveller can also, where appropriate, receive compensation for non-performance of the contract, unless:

a) the travel organiser cancels the voyage because the minimum number of travellers, foreseen in the contract and necessary for carrying out the voyage, was not reached, and the traveller was informed in wring within the contractually agreed period and at least 15 days before the date of departure;

b) the annulment of the contract is a result of Force Majeure (which may not include over-booking).

Here ‘Force Majeure’ includes any unusual and unforeseeable circumstances which are outside the control of the claimant and whose consequences, despite all precautions, could not be avoided.

 

Article 12: Non-completion of the voyage, in full or in part

1. If during the voyage it becomes apparent that a significant part of the contractual services will not be available, the travel-organiser shall take all necessary steps to offer the traveller suitable cost-free alternatives with a view to continuing the voyage.

2. Should there be a difference between the planned services and those actually delivered, he shall indemnify the traveller to the extent of this difference.

3. In the event that such an arrangement is found to be impossible, or that the traveller, for good reasons, does not accept them, the travel organiser shall arrange for an equivalent means of travel to return the traveller to the point of departure and, where appropriate, indemnify him.

 

Article 13: Severance by the traveller

The traveller may at all times terminate the contract, in whole or in part. If he does so for his own reasons, he remunerates the travel organiser and/or intermediary for any resultant losses. The remuneration may be standardised and included in the particular conditions, but may never be more than 100% of the voyage price.

 

Article 14: Travel organiser’s liability

1. The travel organiser is responsible for good execution of the contract, in accordance with expectations that the traveller may reasonably have formed on the basis of the contract with the travel organisation; and also for the obligations arising from the contract, regardless of whether or not these are to be carried out by other providers, and regardless of the rights of the travel organiser to approach such providers.

2. The travel organiser is responsible for any negligent actions taken by his appointees whilst carrying out their functions; just as he is responsible for his own actions and negligence.

3. If an international treaty is applicable to a service included in the contract with the travel organisation, liability by the travel organiser will be excluded or limited following the terms of the treaty.

4. Where the travel organiser does not himself provide the services in the contract, his liability for material damage and for compensation for loss of travel-enjoyment shall, together, not exceed twice the voyage price.

5. For other eventualities, articles 18 and 19 of the law of 16 February 1994 are applicable.

 

Article 15: Traveller’s liability

The traveller is liable for damage suffered by the travel organiser and/or his intermediary, their appointees and/or their representatives caused by the traveller’s errors, or his not meeting his contractual obligations. The degree of error will be assessed by reference to the normal behaviour of travellers.

 

Article 16: Complaints

1. Before departure:

If a traveller has a complaint before departure, he shall communicate this promptly to the travel organiser or the travel intermediary; either by registered post, or by receipted delivery.

2. During the voyage:

During execution of the contract the traveller shall communicate any complaints locally, promptly and in an evidentially-sound fashion, so that a solution can be sought.

To achieve this he must approach, in the following order, a representative of the travel organiser, or a representative of the travel intermediary, or the travel intermediary directly, or finally the travel organiser directly.

3. After the voyage:

If a local complaint was not satisfactorily resolved, or local registration of the complaint by the traveller was not possible, the traveller shall within one month of the end of the travel contract period register his complaint with the travel intermediary or otherwise the travel organiser, by registered letter or receipted delivery.

 

Article 17: Conciliation procedure

1. In the event of disagreement, the parties shall always in first instance work together to find an amicable agreement.

2. If the attempt to find an amicable agreement fails within a period of 1 to 3 months, then either party can start up a conciliation procedure through the secretariat of the Conciliation Cell of the Travel Disputes Commission. All parties must agree to this.

3. The secretariat will provide the parties with an information brochure, a copy of the conciliation regulation and an ‘agreement for conciliation’. Once the parties have completed and signed the agreement (together or separately), and once each party has paid a sum of 50 euro, the conciliation procedure will be commenced.

4. In accordance with the simple procedure described in the regulation, an independent conciliator will then contact the parties to try to find a fair agreement between them.

5. If a settlement is found, it will be recorded in a binding written agreement.

Secretariat of the “Conciliation Cell”

Koning Albert II laan 16, 1000 Brussel
e-mail: verzoening.gr@skynet.be

Article 18: Arbitration or court of law

1. If no conciliation is started, or if conciliation fails, then the claimant has in principle the choice between a procedure before the normal court of law or arbitration at the Travel Disputes Commission.

2. For claims of 1250 euro or above, either defending party has a period of 10 calendar days to refuse, by registered letter, a claimant’s application for an arbitration procedure; after which the dispute can be introduced at the normal court of law.

For sums under 1250 euro only the traveller has the option to refuse arbitration.

3. This arbitration procedure is regulated by the disputes regulation, and can only be started if within a period of 4 months following the (expected) end of the voyage (or otherwise from the event that caused the dispute) no amicable agreement can be reached. Disputes concerning bodily injuries can only be decided by the court of law.

4. The jointly composed arbitration panel, in accordance with the disputes regulation, makes in a binding and definitive fashion a pronouncement concerning the travel dispute. No appeal against this is possible.

Secretariat of the arbitration department, and general secretariat van de Travel Disputes Commission:

Koning Albert II laan 16, 1000 Brussel
e-mail: clv.gr@skynet.be