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Terms & Conditions Whattrips BV

Email: info@whattrips.be

Website: www.whattrips.be 

Last updated 01/05/2022

Definitions

1. Whattrips: Whattrips BV has established in Kessel-lo, Belgium BTW 0785.493.033
2. Customer: The party which Whattrips has entered into an agreement with.
3. Parties: Whattrips and Customer together 
4. Consumer: Any person or company who books or participates in a trip organized or sold by Whattrips

Applicability

1. These terms and conditions will apply to all quotations, offers, activities, orders, agreement and deliveries of services or products by or on behalf of Whattrips.
2. When booking the services or products with Whattrips, you confirm that you have taken prior knowledge of these conditions and that you accept them as being applicable to the contract
3. Parties can only deviate from these conditions if they have explicitly agreed upon writing.
4. The parties expressly exclude the applicability of supplementary and/or deviating terms and conditions of the customer or of third parties

Prices

1. All prices used by Whattrips are in Euros, unless otherwise indicated and are inclusive of VAT and exclusive of other costs such as administration costs, levies, penalties, additional transport expenses, unless expressively stated otherwise or agreed otherwise.
2. Whattrips entitled to adjust all prices for its products and services, shown on its website, social platform or otherwise at any time.
3. The parties agree on a total price for a service provided by Whattrips. This is always the target price, unless the parties have explicitly agreed upon writing on a fixed price, which cannot be deviated from.
4. Depending on the contract, the price may include the following components mentioned on the contract:
   a) Round trip transportation of passengers and a group and their luggage, unless expressively stated otherwise or agreed otherwise
   b) Accommodation, Meals and drinks, to the extent provided by the program
   c) The contribution of the guaranteed insurance
   d)VAT according to known tax rates
   e) Administrative fees for the reservation
5. Components which are Not included in the contract:
   a) The cost of passport, visa, vaccinations, PCR/Antigen Tests and other travel formalities
   b) Personal expenses like meals and drinks unless expressively stated otherwise or agreed otherwise 
   c) Personal preferences (for an example choice of location, room or hotel at the destination)
   d) Transport to the pick-up point for departure and drop-off point after arrival from/to the residence unless expressively stated otherwise or agreed otherwise
   e)Entry fees for getaways, excursions, museums or events, unless expressively stated otherwise or agreed otherwise.
   f) The tourist tax provided by a government and/or any other cost resulting from local customs, collected locally by a representative of that government or the head of the lodging. 
   g) Travel, assistance or cancellation insurance

Payment and Payment Terms

1. Day trips and weekend trip packages are immediately paid for.
2. Whattrips may at conclusion of the agreement, require a down payment of 50% of the agreed amount.
3. Payment terms are considered as fatal payment terms. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Whattrips having to send the customer a reminder or to put him in default.
4. Whattrips reserves the right to make a delivery of the services conditional upon immediate payment or to require adequate security for the total amount of the services or the products.
5. Your reservation with Whattrips only becomes final upon receipt of the payment indicated when booking. Once the booking is final, the customer does not have the right to cancel it without penalty.

Right of Recovery

1. Any damage caused by the customer during the trip, such as loss, theft, deterioration, dirt, fire, etc. can lead to the recovery of the costs. The cost of the damage may be claimed from the customer on simple presentation of proof of damage.
2. Whattrips invokes the right of recovery by means of written or electronic announcement.
3. As soon as the customer has been informed of the claimed right of recovery, the customer must immediately pay the concerned cost to Whattrips, unless the parties agree to make other arrangement about this.

Right of Withdrawal

1. The trip you have booked with Whattrips may implicitly or explicitly require a minimum number of participants as a prerequisite to the execution of the trip. If the minimum number of participants is not reached, the trip will not take place, and you will be informed at least 2 days prior to the departure. Another program or trip can then be developed.
2. By booking the trip, you confirm that neither you nor any other travel participant does not suffer from an illness or disability pre-existing preventing or hindering the execution of the trip. Whattrips reserves the right to cancel such bookings if discovered on the day of the departure of the trip.
3. Whattrips asks you to report any physical or mental disabilities likely to affect the trip at least 2 days before the departure date
4. Whattrips reserves the right to exclude a customer from the pursuit of its travel if, because of his/her behavior, he is likely to endangers one’s own safety and well-being or those of other customers for the duration of the stay.
5. Whattrips reserves the right to exclude a customer from the booking of a travel if this client has exhibited antisocial, dangerous or disrespectful behavior on previous trips.
   6. Whattrips reserves the right to exclude the customer in case of ‘No Show’ at the time of departure at pickup point without advising us in advance. No refund will be made to the customer.

Reimbursement on Cancellations 

1. If customer invokes his/her right of withdrawal of bookings made on www.whattrips.be by notifying Whattrips via info@whattrips.be
   a) If the cancellation is made more than 30 days before the date of departure
   – 20 Euros per person and per trip administration charges will be deducted
   b) If the cancellation is made less than 30 days before the date of departure, and more than 14 days before the date of departure
   – 50% of the total amount of booking or 20 Euros per person and per trip will be deducted (whichever is higher)
   c) If the cancellation is made less than 14 days before the date of departure, and more than 7 days before the date of departure
   – 75% of the total amount of the booking or 20 Euros per person and per trip will be deducted (whichever is higher)
   d) There will be no refund, If the cancellation is made less than 7 days before the date of departure and onwards.
2. If in case Whattrips cancels the trip. The customer will be informed, and then the customer has the possibility to postpone his/her trip to a later date or Full refund will be provided corresponding to the full amount of the booking. 
3. All cancelled bookings payable amount will be refunded or converted into a voucher (depending on the choice of a customer) within 14 days of notification of cancellation.

Guarantee

1. When parties entered into an agreement with services included, these services only contain best-efforts obligation for Whattrips, not obligation of results   

Transfer of rights

1. If any reason, the customer is unable or unwilling to participate to the trip you have booked with Whattrips, you can transfer it to a third party, in condition to inform Whattrips in  writing no later than 7 days before the date of departure, via the e-mail address info@whattrips.be  indicating the surname, first name and mobile phone number of the beneficiary of the transfer of the trip.
2. Whattrips will not intervene in the refund between the beneficiary of the transfer and the customer. Both remain jointly and severally liable for the payment of any balance, fees, increase, etc.

Duty to inform by the Customer

1. The customer shall make available to Whattrips all information, data documents or preferences (for an example preferred room or location at destination etc) relevant to the correct execution of agreement to in time and in the desired format and manner 
2. The customer guarantees the correctness, completeness and reliability of the information, data and documents made available even if they originate from third parties, unless otherwise ensuing from the nature of the agreement. 
3. If and insofar as the customer requests this, Whattrips will return the relevant documents. 
4. If the customer does not timely and properly provides the information, data or documents reasonably required by Whattrips execution of the agreement is delayed because of this, the resulting additional costs and extra hours will be charged to the customer.

Group Bookings 

1. A customer who concludes a contract in the name or for the benefit of one or more other customers is jointly and severally liable for all obligations who as a result. The other customers are each responsible for their own part. The confirmation and any other communication will not be sent only to the customer making the booking. 
2. The customer who books the trip on behalf of or for the benefit of others persons is required with the authorization of this person to indicate the time of registration, the relevant personal information of the other customers likely to influence the execution of the trip. 
3. The customer booking on behalf of or for the benefit of other customers, is required to provide these terms and conditions and other information relevant. 
4. When booking, other customers in the group accept implicitly the choices made by the group leader and share the costs if any.
5. Subject to any other age limits specified for the trip, the group of full customers must have reached the age of majority fixed at eighteen years. If the age limit differs on the website, participants must reach this age limit
6. As the holder of the booking, you confirm that you have reached the age of eighteen and that you are competent and authorized to enter into a travel contract under the general and special conditions for yourself, as well as for your whole group of customers, who are also informed of the general and specific conditions.

Travel documents

1. As the holder of the booking, you confirm that you have reached the age of eighteen and that you are competent and authorized to enter into a travel contract under the general and special conditions for yourself, as well as for your whole group of customers, who are also informed of the general and specific conditions.
2. Minors who travel without the presence of their parents or legal guardian must be in possession of the necessary documents, including a statement that Whattrips shall not be liable or responsible for any incident or misconduct attributable to the minor.
3. Minors traveling in the presence of their parents or legal guardian travel under the full responsibility of the latter.
4. An email about the “pre-departure information” will be sent to the customer at least 24 hours prior to the departure of the trip. If other information is needed, you will also receive it by e-mail and/or SMS. If the customer has not received the travel information 24 hours before departure, he must inform the organizer immediately.
5. Each customer must be in possession of identity papers, visas, permit and other documents required for travel. The customer must be aware of the documents required for the country or countries of destination and can obtain them at the consulate of the country or countries concerned or on the website www.diplomatie.belgium.be 
6. All information provided by Whattrips in this regard is provided for information only and does not constitute recognition Conditions Whattrips BV to assume any responsibility for the provision of required documents.  Whattrips declines all responsibility for damage resulting from the fact that the customer is not able to produce the required identity or other travel documents provided for in this article (including damage caused by refusal of flights due to the fact that the customer is not able to produce the required visas). If additional costs are incurred by Whattrips due to increases or penalties due to the absence of the required documents, the customer will be required to compensate them.

Insurances

1. Travel assistance insurance is recommended for all customers, who must subscribe under their own responsibility. If the customer does not opt for optional insurance of travel assistance, he/she is personally responsible for the provision insurance that meets his/her personal needs and risks, taking into account of the duration of the entire trip and providing an adequate coverage, among others, for property damage, incidents, injuries, death, repatriation, theft, cancellation and all the resulting damage.
2. Whattrips will only guarantee support and liability as a tour operator provided for by Belgian law only if, in this case, it is to be considered as a tour operator within the meaning of the law, otherwise Whattrips rejects any liability for incidents, injuries, accidents of the traffic, death, repatriation and any resulting damage.
3. Whattrips will not be responsible for interrupted travel and services of travel that is not provided due to unforeseen circumstances, unless the law so provides.

 

Intellectual Property

1. Whattrips retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights etc.) on all designs, drawings, writings, data carriers or other information, quotation, images, models, scale models etc. unless parties have agreed otherwise in writing.
2. The customer may not copy or have copied the intellectual property rights without prior written permission from Whattrips them to third parties and / or make them available or use them in any other way.

Penalties
1. If the customer violates the articles of these general terms and conditions about confidentiality or intellectual property, then he/she forfeit of Whattrips an immediately due and payable fine of € 1.000 if the customer is a consumer and € 4.000 if the customer is a company, for each violation and in addition an amount of 2% of the aforementioned amount for each day that this violation continues.
2. No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article
3. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Whattrips including claim compensation in addition to the fine

Liabilities of Whattrips

1. Whattrips responsibility as a tour operator is governed by the Belgian Travel law of the 21 November 2017 relating to the sale of package tours, arrangements related travel and travel services.
2. Whattrips is only liable for any damage the customer suffers if and insofar as this damage is caused by intent or gross negligence 
3. If Whattrips is liable for any damage, it is only liable for direct damages that results from or is related to the execution of an agreement 
4. Whattrips is never liable for indirect damages, such as consequential loss, lost profit, lost savings or damage to third parties 
5. In the event of an accident occurring under the influence of alcohol or other narcotics, the customer will be held personally or jointly and severally liable and Whattrips can in no way be held responsible.
6. Whattrips reminds that some trips can involve all kinds of adventures. By booking this trip, the customer accepts the risks possible ones inherent in such an adventure trip and undertakes the activities during this trip on a voluntary basis and under his/her own responsibility. Whattrips will not be liable for any misadventure.
7. Unless expressly stated otherwise, insurance for baggage and/or hand luggage is never included. The customer is responsible for the safety of his/her luggage. It is advisable to affix a luggage tag on your suitcase and secure it with the safety lock. Whattrips will not be held responsible for loss of personal items or baggage.
8. If Whattrips is liable, its lability is limited to the amount paid by a closed (professional) lability insurance and in the absence of (full) payment by an insurance company of the damages the amount of the liability is limited to the (part of the) invoice to which the liability relates.
9. Whattrips reserves the right to make insignificant changes to the booking contract. If necessary, Whattrips will inform the customer of this change through a durable data carrier (for example, an e-mail).
10. All images, photos, colors, drawings, descriptions on the website or on social platform are only indicative and are only approximate and cannot lead to any compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
11. Whattrips reserves the right to monitor, edit, report or remove any content from social networks that it deems illegal, offensive, abusive, obscene or otherwise undesirable, including in the event that it violates the property rights of third parties or these terms special or general.

Force Majeure

1. Whattrips will not be liable in case of force majeure, an event that we could not foresee or prevent with full diligence, or any other situation as provided for by the Belgian Travel law of 21 November 2017, including but not only limited to conditions extreme weather, (imminent) war, strikes, acts of terrorism, natural disasters, epidemic, fires, etc.
2. If a situation of force majeure arises as result of which Whattrips cannot fulfil one or more obligations towards the customer, these obligations will be suspended until Whattrips can comply with it.
3. Whattrips does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of force majeure situation.

Complaints
1. All reports, shortcomings in connection with the performance of the bookings and travel must be addressed to Whattrips at the following e-mail address: info@whattrips.be 
2. Customer must inform Whattrips in writing within 14 days from the detection of shortcomings.
3. The customer should give as detailed description as possible of the shortcomings, so the Whattrips can respond adequately.
4. The customer must demonstrate that the complaint relates to the agreement between the parties.

Applicable law and competent court

1. Belgian law is exclusively applicable to all agreement between the parties.
2. The Belgian court in the district where Whattrips is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.

 

Whattrips is a company incorporated under Belgian law whose contact details are Following:

Whattrips B.V. 
Weergalmlaan 6/0201
3010 Kessel-lo
Belgium
BTW Nr. BE0785.493.033                                                                                                                                            www.whattrips.be                                                                                                                                                                   

In accordance with the regulations, Whattrips is insured against financial insolvency and professional liability.