General terms and conditions
Article 1 Definitions
WOODWINGS BVBA, with headquarters in 3540 Herk-de-Stad, Terbermenweg 46 and with company number 0578.989.832.
“The Website” :
The websites linked to the domain names “woodwingslc.be, woodwingslc.nl, woodwingslc.com”, owned by WOODWINGS, as well as any other website that was developed by WOODWINGS or would be developed.
“The User” :
Any natural or legal person who consults the Website, either directly after entering the domain names “woodwingslc.be, woodwingslc.nl, woodwingslc.com” in the URL-field, or indirectly by reference through a hyperlink on a third-party website, both for commercial and non-commercial purposes.
Article 2 General
§ 1. The Website is created by and is managed by WOODWINGS.
Article 3 Intellectual property rights
§ 1. The User formally acknowledges that the Website, including the texts, the structure, the layout, the graphics, the presentation, the names, the marks, the logos, the software as well as the whole of any other elements included in the Website, are protected by intellectual property rights belonging to WOODWINGS, its suppliers or partners.
§ 2. In particular, any reproduction and any public communication of the Website, including the elements listed in paragraph 1, is prohibited without the express prior written consent of WOODWINGS.
§ 3. In particular are the names, signs and logos on the Website and the domain names associated with the Website registered trademarks. Any kind of use is forbidden without the express, prior written permission of WOODWINGS and of the copyright holders on these names, signs and logos.
§ 4. If WOODWINGS offers the User the possibility of own contributions on the Website, it is forbidden to send work that is protected by intellectual property laws unless the User owns or has all the required permissions on the rights of the copyright holders. It is also prohibited for the User to include contributions that would compete with the law or the rights of third parties. The User undertakes to indemnify WOODWINGS fully and unconditionally against all claims of third parties resulting from a violation of these provisions.
Article 4 Hyperlinks and references
§ 1.References may be included on the Websites in the form of hyperlinks to other websites and/or sources of information. These references are only by way of information, but are not controlled by WOODWINGS on content.
§ 2. WOODWINGS can give no guarantee about the accuracy, the quality and/or completeness of the information provided through the references. These other websites and information remain the sole responsibility of the owners of those Websites and information.
§ 3. WOODWINGS is regarding the user and vis-à-vis third parties in no way liable for:
3.1. the contents of the content of this information or of these Websites and/or information sources;
3.2. the consultation of this information or these Websites and/or information sources;
3.3. the processing of personal data on these sites and/or information sources;
3.4. the damage that would result from these points.
§ 4. The user, who is owner of a website, is not allowed in any way to provide a hyperlink to the Website, without the prior express written approval of WOODWINGS.
§ 5. Notwithstanding the foregoing, WOODWINGS has the right at any time to demand the removal of approved hyperlinks and the user is required to give effect to this without delay, without any right to compensation against WOODWINGS.
Article 5 Liability of WOODWINGS
§ 1. WOODWINGS receives the description, the image material and the rating of the accommodation on the destinations proposed on the Website or in its brochures via third parties. WOODWINGS guarantees in no way the accuracy, clarity, accuracy or the completeness of the presentation of the displayed accomodation on the Website or in its brochures. WOODWINGS is in no way liable for errors, inaccuracies and/or incompleteness in the presentation of the on the Website or in its brochures showing accommodation, nor for any damage that therefrom for the customer or for third parties would result.
§ 2. Any malfunctions, interruptions or errors on the Website do not result in any right to compensation, nor on the part of the customer, nor on the part of third parties. So is WOODWINGS not liable for any transfer of viruses or other harmful files through the Website.
Article 6 Adjustment of the Website
WOODWINGS has the right to edit the Website and all its components, in its sole discretion, at any time and without prior notice.
Article 7 Liability relating to the Website
Any malfunctions, interruptions or errors on the Website do not result in any right to compensation, nor on the part of the customer, nor on the part of third parties. So is WOODWINGS not liable for any transfer of viruses or other harmful files through the Website.
Article 8 Privacy
Article 9 Miscellaneous
Part 2. Policy on privacy protection
§ 1. Party responsible for the processing of the personal data of the User
The responsible for the processing of the personal data of the user is WOODWINGS, represented by Mr. Dominiek GRAULS.
§ 2. Confidential processing of personal data
2.1. WOODWINGS ensures the privacy and the protection of the personal data of any User of the Website.
2.2. The personal data collected by WOODWINGS is stored in a protected file that is not accessible to third parties. The file can only be consulted by WOODWINGS.
2.3. WOODWINGS does not give personal data to third parties, except (i) to her travel intermediaries with a view to the implementation of the Users completed travel contracts at WOODWINGS or at her travel intermediaries and (ii) except to comply with legal obligations and in case of request of legal authorities or police services in accordance with the relevant legal provisions.
§ 3. Purpose of processing
3.1. WOODWINGS processes the collected personal data in order to get in contact with the User, to be able to offer the User an optimal service, for example for handling orders, or to give the User access to certain information. The data can also be used to inform the User about news, new services, promotions and events by WOODWINGS and/or its travel intermediaries. Subjet to explicit, written, different declaration, grants the User WOODWINGS the right to send information and direct marketing mails to the User.
3.2. If the User no longer wishes to receive the information specified in § 1, he can report this by email to email@example.com or by letter to the person responsible for the protection of personal data. In the information mails send by WOODWINGS to the User, there will be a category or a hyperlink included through which the User can cancel his registration for those information mails.
§ 4. Admission for processing
4.1. By providing WOODWINGS his/her personal information, the User expressly gives WOODWINGS the permission to process the personal information for the purposes stated above.
§ 5. Rights of access, correction and deletion of personal data
5.1. The User has the right to see the personally identifiable information about the User that WOODWINGS registered and, as the case may be, to correct inaccurate, incorrect or incomplete information. In addition, the User can request at any time the removal of his personal data from the file of WOODWINGS. The User can therefore turn to the responsible for the processing of personal data.
The Website may use so called cookies; it concerns small pieces of information that WOODWINGS transmits and stores on the hard drive of the User's computer. This information is with each visit returned to the Website's administrator. This information is used solely to verify the User's identity.
SPECIAL TERMS AND CONDITIONS
Article 1 No right of withdrawel
The consumer does not have the right to cancel the purchase.
§ 1. The by Royal Decree of 18 November 2002 exclusion of certain disctance contracts for the provision of services for accommodation, transport, catering and leisure, within the scope of articles 79 and 80 of the Law of 14 July 1991 on commercial practices and consumer information and consumer protection (Belgian Official Gazette of 3 December 2002) (hereinafter: "Law on Trade Practices") are certain distance travel deals excluded from the scope of the articles 79 and 80 of the (old) law on Trade Practices , now the articles 46 and 47 of the law of 6 April 2010 on market practices and consumer protection (Belgian Official Gazette of 12 april 2010) (hereinafter: "Law on Market Practices").
Article 2 Identification data and definitions
“Tour operator” or “WOODWINGS” :
WOODWINGS BVBA, with registered office at 3540 HERK-DE-STAD, Terbermenweg 46 and with company number 0578.989.832, with phone number +32 497 54 14 48 (Dominiek GRAULS), with email address firstname.lastname@example.org and bank account number IBAN: BE08 3631 4402 2913, BIC: BBRUBEBB.
“The Website” :
The websites linked to the domain names “woodwingslc.be, woodwingslc.nl, woodwingslc.com”, owned by WOODWINGS, as well as any other website that was developed by WOODWINGS or would be developed.
“The Customer” :
Any natural or legal person who places an order through the Website, both for themselves as for third parties.
The joint designation for WOODWINGS and the customer.
The single designation for, depending on the case, WOODWINGS or the customer.
Article 3 General
§ 1. These Special Terms and Conditions together with the General Conditions of the TRAVEL DISPUTES COMMISSION association, which can be consulted below, apply to all legal relationships between WOODWINGS and the Customer arising from the placing of an order by the Customer at WOODWINGS.
§ 2. These special conditions are about the order procedure (i.a. via the Website) and the regulation of the in that way established travel contract between the customer and WOODWINGS. These special conditions include all necessary parts of it, without prejudice to any additional conditions that would be mentioned on the order form and the travel contract.
§ 3. The Customer shall in the course of the ordering process, before placing the order, take notice of the Special Conditions through a separate stage in the ordering process, in which he will be asked to approve (e.g. by affirmatively checking the box with the text "I confirm to have taken notice of the Special Conditions of WOODWINGS and to understand and to accept them") before he will be admitted to the next stage in the ordering process. The order confirms the acceptance and the applicability of these Special Conditions and the General Terms and Conditions of the TRAVEL DISPUTES COMMISSION association, which can be consulted below.
§ 4. WOODWINGS undertakes to add an additional copy of these Special Conditions and the General Terms and Conditions of the TRAVEL DISPUTES COMMISSION association to the confirmation or electronic confirmation email with the travel contract. These special conditions may at any time be consulted by the customer and saved by clicking on the following hyperlink http://woodwingslc.com/en/rules-and-conditions.
Article 4 Conclusion of the contract
§ 1. The Customer is finally connected after (i) placing the order through the Website, and (ii) confirming his acceptance of these General Terms and Conditions. A booking on request is considered as a definite reservation. The travel contract is concluded at the moment when the Customer receives written confirmation of the booked trip from WOODWINGS (e.g. by email).
§ 2. Cutomers orders are always placed under the suspensive condition of sufficient available accommodation at the destination and, in the case of group travel and travel by bus, under the suspensive condition of reaching the minimum number of participants as provided in article 14.
§ 3. When WOODWINGS has reveived and accepted the reservation of the Customer, WOODWINGS will confirm the order as soon as possible, and in any event no later than 14 (fourteen) days after placing the order (e.g. by sending a confirmation email to the email address specified by the Customer).
Article 5 Legal capacity and capacity to exercise rights of the Customer
The Customer declares :
§ 1. To be over the age of 18 years and to have the necessary legal capacity to place the order;
§ 2. To place orders exclusively for non-professional purposes.
Article 6 Description, images and rating of the accomodation
WOODWINGS receives the description, the image material and the valuation of the accommodation at the destinations presented on the Website or in its brochures through third parties. In no way WOODWINGS guarantees the accuracy, clarity or the completeness of the description, the image material and the rating of the accommodation on the Website and/or in its brochures. WOODWINGS is in no way liable for errors, inaccuracies and/or incompleteness in the presentation of the on the Website or in its brochures shown accommodation, nor for any damage resulting from this to the customer or for third parties.
Article 7 Price and payment
§ 1. At the time of placing the order, the Customer is obliged to pay a deposit of at least 20% (twenty percent) of the total price of the trip (hereinafter referred to as: "the Price").
§ 3. The Price for transport by train, coach or boat is calculated according to the rates applicable on 01/05/2015. The communicated price increases or reductions after this date will be respectively added or subtracted NET. to the Price.
§ 4. WOODWINGS however, has the right to adjust the Price no later than 20 (twenty) days before the day of the departure to transport costs (including fuel costs), taxes, duties and the applicable exchange rates.
§ 5. Any fees, taxes and procedural requirements that would be incurred on orders from outside Belgium borne entirely by the Customer. WOODWINGS is in no way liable for the consequences of non-compliance with certain payment, tax and / or reporting obligations attached to orders from outside Belgium.
§ 6. If the Customer opts for online payment by bank transfer, he has a choice between several financial institutions.
§ 7. WOODWINGS has made every effort to optimize the security and confidentiality of online payment, but is in no way liable for any theft, loss of data or any other damages which the Customer or a third party might suffer as a result of the online payment.
§ 8. On the destination a guarantee may be required by the accommodation provider. This must be paid locally to the accommodation provider. If an apartment is booked and the apartment on departure is found to be in order, it will be returned. The agreement for the provision of a guarantee is a contract between the Customer and the accommodation provider, without WOODWINGS becoming party in any way, without WOODWINGS being committed in any way to the accommodation provider and without WOODWINGS can be held liable in any way in this matter.
§ 9. The Customer must pay the balance of the Price (after payment of the deposit as defined in § 1) not later than 30 days (thirty) days before the date of departure, or in case the order is done later at the latest at the time of placing the order, payable on the account number of WOODWINGS.
Article 8 Non-payment
§ 1. In the absence of payment on the due date as specified in § 1, WOODWINGS is legally and without proof of default entitled to the payment of interest on arrears to a conventional interest rate of 10% per annum from the due date of the invoice until the date of full payment.
§ 2. By the mere expiration of the due date, the Customer is automatically and without formal notice under article 1139 of the Civil Code in default.
§ 3. In the absence of payment of one or more invoices on the due date, all outstanding but not yet expired invoices that were postponed by WOODWINGS by right and without notice to the Customer shall become payable. The thus become payable invoices also entitle WOODWINGS to interest on arrears referred to in § 1 from the date of payment.
§ 4. The incomplete or non- payment by the Customer on the due date as provided in § 1 can be considered as a serious breach of contract granting WOODWINGS the right to suspend its commitments regarding the Customer without prior notice. The foregoing shall not affect the right of WOODWINGS to dissolve the contract extra-judicial (i.e. without prior judicial intervention) at the expense of the Customer after the sending of a notice of default by registered letter by WOODWINGS after which the shortcoming is not corrected within a grace period of 7 (seven) days or less in case the date of departure is closer. The foregoing shall not affect the right of WOODWINGS to claim additional damages.
§ 5. WOODWINGS is entitled to allocate payments first to expired interests, to (law) costs and then to the outstanding principal. Any payment by the Customer is deemed to have been intended for the settlement of the oldest or most urgent outstanding debt, without prejudice to the right of WOODWINGS to allocate the payment to another debt of the Customer.
Article 9 Promotions, bookings on request and preferences
§ 1. The promotions are applied as indicated by the rate tables on the website or in the brochures of WOODWINGS.
§ 2. WOODWINGS will forward any Customer preferences to the respective service provider or accommodation provider, but can not guarantee those preferences. WOODWINGS is in no way liable in case the preferences are not met.
Article 10 Travel documents
§ 1. The travel documents will be sent by email to the email address specified by the Customer. It is the responsibility of the Customer to facilitate the receipt of that email. At the express request of the Customer the travel documents shall be sent regular mail to the Customer at extra cost. As long as the Customer defaults to pay the price in full, WOODWINGS will not transfer the travel documents to the Customer, without WOODWINGS undertaking any liability in this matter.
§ 2. Upon receipt of the travel documents referred to in § 2, the Customer is obliged to check these for accuracy and completeness. In case the travel documents would be incorrect or incomplete, the Customer is obliged to immediately contact WOODWINGS. WOODWINGS disclaims any liability in the event of late notification of any inaccuracies or omissions by the Customer.
Article 11 Joint and Several Liability
The Customer is severally and indivisibly liable for the fulfilment of all obligations arising from the travel contract of all other persons who will be using the by WOODWINGS (whether or not via third party) provided services (e.g. accommodation, transport, etc.) and that are listed in the travel contract. WOODWINGS assumes that the Customer is acting as agent of any person who will be using the by WOODWINGS (whether or not via third party) provided services (e.g. accommodation, transport, etc.) and that are listed in the travel contract. The Customer must in relation to WOODWINGS uphold that the persons who will be using the by WOODWINGS (whether or not via third party) provided services (e.g. accommodation, transport, etc.) and that are listed in the travel contract will honour their commitments in relation to WOODWINGS.
Article 12 Duration and timetable
§ 1. When travel includes transport and in which travelling time and period of stay is listed in days in the publication, the days of departure and arrival, regardless of the departure and arrival time, count as full days.
Article 13 Cancellation
Except in the case the customer has concluded a cancellation insurance and the cancellation is caused by one of the risks insured by the cancellation insurance, the Customer is obliged to pay a cancellation fee to WOODWINGS corresponding to the price of the booked travel by the Customer.
Article 14 Availability and minimum number of participants
§ 1. Orders are always accepted subject to sufficient available accommodation at the destination.
§ 2. For some journeys, a minimum attendance of 20 people is required at the latest 15 days before the date of departure. If there are less than 20 participants booked at least 15 days before the date of departure, WOODWINGS has the right to cancel the travel at the latest 14 (fourteen) days before the date of departure and to terminate the travel contract by sending a notice to the Customer . Where appropriate, WOODWINGS will refund any received payments from the Customer within 15 (fifteen) days, without the Customer to be entitled to compensation.
Article 15 Pets
§ 1. Pets are only allowed on the destinations proposed on the Website and in the brochures of WOODWINGS prior written consent of WOODWINGS.
§ 2. It is not possible to accompany their owners in a coach or other by WOODWINGS organized transport.
§ 3. The Customer must be in possession of a pet passport when he takes his or her pet.
§ 4. The transport of the pet is at own risk and for own account of the Customer. WOODWINGS can in no way be held liable for any damage, injury or death of the pet as a result of the by the Customer booked travel at WOODWINGS.
Article 16 Insurance and liability
§ 1. If the customer has concluded a cancellation insurance through WOODWINGS, he is insured by AGA International S.A. – Belgian branch (Allianz Global Assistance), Zwaluwenstraat 2, 1000 Brussels, licensed under the code number 2769 – company registration number: 0837.437.919. For the exact conditions of the cancellation insurance is referred to AGA International S.A. – Belgian branch (Allianz Global Assistance), Zwaluwenstraat 2, 1000 Brussels ; Tel. +32 2 290 64 11 ; Fax +32 2 290 64 19 ; email email@example.com.
§ 2. If the customer has concluded a travel insurance through WOODWINGS, he is insured by AGA International S.A. – Belgian branch (Allianz Global Assistance), Zwaluwenstraat 2, 1000 Brussels, licensed under the code number 2769 – company registration number: 0837.437.919. For the exact conditions of the travel insurance is referred to AGA International S.A. – Belgian branch (Allianz Global Assistance), Zwaluwenstraat 2, 1000 Brussels ; Tel. +32 2 290 64 11 ; Fax +32 2 290 64 19 ; email firstname.lastname@example.org.
§ 3. In the case of article 18, § 2 of the Act of Februari 16, 1994 regulating the travel contract and travel agent (Belgian Official Gazette of 1 April 1994), the by WOODWINGS made costs will be charged to the Customer.
§ 4. The liability of WOODWINGS for material damage and the compensation for loss of travel pleasure is in any case limited to twice the price of the travel contract.
Article 17 Lost objects
WOODWINGS can not be held responsible for lost items.
Article 18 Privacy
Article 19 Garantiefonds Reizen (Travel Guarantee Fund)
In the case of financial insolvency of WOODWINGS, the Belgian Customer can appeal to the Travel Guarantee Fund. This can be done by contacting the Travel Guarantee Fund: Metrologielaan 8, 1130 BRUSSELS, Tel. 02.240.68.00, fax 02.240.68.08, email email@example.com. The warranty terms and conditions of the Travel Guarantee Fund can be found here.
Article 20 Force Majeure
§ 1. In case of Force Majeure WOODWINGS is released from any commitment without the Customer being entitled to claim compensation.
§ 2. If the conditions of Force Majeure or the consequences drag on for more than three (3) months, the through the Website completed order comes to an end by law and without notice. Where appropriate WOODWINGS undertakes to refund the received money from the Customer as soon as possible.
Article 21 Complaints and Travel Disputes Commission
§ 1. WOODWINGS cannot be held liable in case the accommodation of the destination on the Website has not been adapted to disabled people.
§ 2. Complaints
2.1. Before departure
If the customer has a complaint before departure, he must submit this as soon as possible by registered letter or against receipt to WOODWINGS.
2.2. During the trip
Complaints during the execution of the contract must be reported by the customer as soon as possible on the spot in an appropriate and evidential way, in order to search for a solution. For that he must - in this order - contact the relevant local service provider, a representative of WOODWINGS, or finally directly WOODWINGS.
2.3. After the trip
Was a complaint on the spot not satisfactory resolved or could the Customer impossibly formulate a complaint on the spot, then he must at least 1 (one) month after the end of the travel contract file a complaint at WOODWINGS by registered letter or against receipt to, in the absence of which the complaint will not be investigated.
§ 3. A dispute arises when a complaint can not be resolved amicably, or not is resolved within 4 (four) months from the end of the travel contract, or from the planned date of departure if the travel contract was never executed. Any dispute raised after the conclusion of a travel contract about this contract and where a traveler is concerned, will be settled exclusively by the TRAVEL DISPUTES COMMISSION, except in disputes concerning personal injuries and in disputes concerning the recovery of outstanding invoices. The procedure and delivery of the decision happen in accordance with the Arbitration Rules and the legal provisions of the Judicial Code on arbitration (articles 1676 to 1723). The decision is binding on both parties without appeal. For the treatment of a dispute a fee is indebted as stipulated in the Arbitration Rules. The placement of the order by the Customer implies his acceptance of all regulations defined by the TRAVEL DISPUTES COMMISSION, in particular the Arbitration Rules. The address of the TRAVEL DISPUTES COMMISSION is Koning Albert II-laan 16, 1000 BRUSSELS (cell arbitration: Tel. 02.277.62.15, fax 02.277.91.00 , email firstname.lastname@example.org - cell reconciliation. Tel. 02 277. 61.80, fax 02.277.91.00, email email@example.com).
Article 22 Miscellaneous
§ 1. The nullity, invalidity, unenforceability and / or unenforceability of one of the clauses of these special conditions does not affect the legality, validity, enforceability and / or enforceability of the remainder of these Special Conditions and of the order concluded via the Website.
§ 2. The use of the Website as well as the subsequent relationship between WOODWINGS and Customer and between WOODWINGS and third parties, including the order placed, shall be governed exclusively by Belgian law.
§ 3. In the event of a dispute between WOODWINGS and the Customer, at the option of the plaintiff and as appropriate, and without prejudice to the competence of the TRAVEL DISPUTES COMMISSION as previously determined in Article 21, only (1) the District Court of the 2nd District of HASSELT, (2) the Court of First Instance of HASSELT, or (3) the Commercial Court HASSELT, according to their respective powers, are competent to hear this dispute, notwithstanding the right of WOODWINGS to sue for the court that would have the material and territorial jurisdiction in the absence of the present jurisdiction clause.
§ 4. In the case of unexpected changes in the offer or the programs, due to unforeseen circumstances and force majeure, WOODWINGS will endeavour to provide an alternative without additional charge.
§ 5. Footage that has been made during the Customers holiday can be used for commercial purposes by the organisation.
§ 6. WOODWINGS obliges the use of a helmet during the sport activities. Participants who don't have a helmet with them on their holiday, must bear the costs of the purchase or rental of a helmet.