General Conditions Belsud

The applicable general conditions in the case in point are those of the Guide Belsud, shown below.

In the present general conditions, the meaning of the term

  1. Traveller is: the customer who concludes a contract for a holiday accommodation.
  2. Service provider: the proprietor or manager of a furnished property rented as tourist accommodation. The proprietor or the operator of a holiday village.
  3. Belsud Reservation: the booking centre of the Office de Promotion du Tourisme de Wallonie et de Bruxelles (OPT), ASBL.
  4. strong>Travel agency: intermediary for your holiday.

1. RESERVATION

The reservation for a holiday accommodation by telephone, email, fax or post constitutes a contractual undertaking. The specifications contained in the brochure and in the general sales conditions form an integral part of the rental contract and are thus accepted without reservations by the traveler who acknowledges to be fully informed of them before concluding the contract. Payment implies complete acceptation of these general conditions.

  1. Reservation via Belsud Reservation: the reservation is confirmed – by delivery of a reservation form (voucher) by Belsud; - – by payment of the amount stipulated on the reservation form by the traveler within the stated deadlines. If the reservation is made less than three weeks before the start of the stay, the traveler is bound to confirm his reservation by returning the signed reservation form (voucher) to Belsud Reservation.
  2. Reservation directly with the service provider or his representative: this reservation becomes effective after the payment of a deposit or the total amount of the reservation.
  3. Reservation with the intervention of a travel agency: the traveler must comply with the information provided by the travel agent.
  4. Reservation directly at a holiday village: the traveler must comply with the information provided by the holiday village, at the moment of his reservation.

2. PAYMENT

  1. Reservation via Belsud Reservation: the methods of payment are always indicated on the voucher delivered by Belsud, except when expressly otherwise agreed.
  2. Reservation directly with the service provider or his representative: generally, a deposit of 25% of the total amount of the rent has to be paid to the proprietor during the reservation. The balance outstanding of 75% has to be paid to the proprietor at the latest 10 days prior to the first day of the stay. If the traveler reserves less than 10 days before the first day of the stay, he has to immediately pay the total amount of the rent to the proprietor (other amounts or time limits can be fixed by the proprietor).
  3. Reservation with the intervention of a travel agency: the total amount of the stay has to be paid to the travel agency, according to the modalities fixed by the latter.
  4. Reservation directly at a holiday village: the traveler must comply with the information provided by the holiday village, at the moment of his reservation.

3. BOOKING CHARGES

  1. Booking via Belsud Reservation: A sum of 8,00 euro per booking will be proposed to the traveler (cancellation insurance included, refer article 11). The client who doesn’t wish to take out a cancellation insurance must mention it at the signing of the booking contract. In that case, the booking charges will be reduced to 5,00€ euros. The booking charges are NOT REFUNDABLE in the event of changing or cancelling/rescinding the reservation.
  2. Reservation with the intervention of a travel agency: the traveler must comply with the modalities fixed by the travel agency.

4. CHARGES, TAXES, CLEANING CHARGES, GUARANTEE

These are always paid locally by the customer to the service provider. The amounts are shown in the brochure.

5. VALIDITY OF PRICES

The prices mentioned in this catalogue are given in euro. They are valid from 30 March 2007 to 21 March 2008 inclusive (except in the event of indication to the contrary in the price tables). They include VAT. This prices are published in good faith, based on the info provided by the service providers.

6. RESPONSIBILITY

  1. Reservation via Belsud Reservation: Belsud Reservation has acted in its capacity as a travel intermediary between travelers and service providers. The contract drawn up is deemed to have been concluded by the traveler. The traveler and the service provider are named on the reservation form, and the services provided and their price are also stated. Belsud Reservation is responsible for the good performance of the contract in compliance with the expectations that the traveler may reasonably have on the basis of the provisions of the travel intermediary contract. In addition, Belsud Reservation is also responsible for errors made by its authorized representatives when carrying out their duties. This responsibility is governed by the Act of 16 February 1994 on the organisation and contracts of travel intermediaries.
  2. Reservation directly with the service provider or his representative: in this case, the responsibility of Belsud Réservation is not involved. Belsud Reservation cannot be held responsible for erroneous data which would have been provided by the service provider. Belsud Reservations is only responsible for the exact transcription of the data and prizes provided by the service providers or their representative.

In no case Belsud Réservation can be held responsible for fortuitous cases, acts of God or for any person foreign to the organisation and the development of the stay. Belsud Réservation limits in any case its responsibility as regards material damage and the compensation for loss of possession of the travel, up to twice the travel’s rate, as far as it doesn’t provide itself the services comprised in the travel contract, according to the Act of 16 February 1994 on travel contracts.

7. CANCELLATIONS/RESCISSIONS

  • In the event of cancellation/rescission by the traveler, which must be communicated in writing to Belsud or the travel agency on working days, the following conditions apply: - from the reservation date to 56 days prior to the start of the stay: € 25,00; - from 55 to 30 days prior to the start of the stay: 10% of the price of the stay with a minimum of € 25,00 - from 29 to 15 days prior to the start of the stay: 50% of the price of the stay; - from 14 to 8 days prior to the start of the stay: 75% of the price of the stay; - from 7 days prior to the start of the stay to the day of the stay starting inclusive, or in the event of a no-show at the place of the accommodation: 100% of the price of the stay.
  • If Belsud Réservation cancels the stay before its start, it informs the traveler as soon as possible. Belsud Réservation will however, whenever possible, propose an accommodation of equivalent or superior quality to that of the initially reserved lodging. In which case, the traveler has the choice between accepting the modification or canceling the contract without any penalty and with the refund of any amounts already paid. In the case of proven prejudice, the traveler may demand an indemnity for non-execution of the contract, except in the case of an act of God. In the case of an act of God, the traveler is only entitled to the immediate reimbursement of all amounts already paid.

    • 8. CHANGES

    A change of a reservation already registered with Belsud Reservation, like change of name, dates of stay or presence of a pet not mentioned at the booking, shall lead to a fixed payment of € 15,00. A change in the choice of accommodation or in the number of persons is considered as a cancellation/rescission (s. art. 7). Shortening the duration of a stay on the part of the tenant when he is already there shall not give entitlement to a refund except in the event of agreement with the proprietor.

    9. COMPLAINTS

    In the event of a complaint, the traveler must first go immediately to the service provider or his local representative. In the absence of such, he shall direct his complaint to Belsud Reservation within 5 working days, and must confirm his complaint by registered letter to Belsud Réservation within one month of the stay ending. No complaints may be taken into consideration if this procedure has not been followed. Belsud Réservation shall not intervene in the event of disputes regarding the payment of sums to be paid locally to the service provider. If the reservation was made directly with the service provider or his representative, the traveler should only deal with the service provider.

    10. "COMMISSION DE LITIGES VOYAGES"

    1. A "dispute" materialises when a complaint cannot be dealt with amicably or when it has not reached a solution within four months of the end of the service, or the normal date of departure if the travel contract has never been executed.
    2. Each dispute materialising after the conclusion of a Belsud Réservation contract, relating to the present contract and in which the traveler is implicated, can be dealt with by the "Commission des Litiges Voyages a.s.b.l." at the request of the claiming party, with the exception of disputes relating to physical injury. If the defending party is a consumer, it may refuse the dispute to be treated by the Commission. To do this it must, within fifteen calendar days from the notification of the defending party of the introduction to the Commission of the file relating to the dispute, inform, by registered letter, the Secretariat of the "Commission Litiges Voyages" that it does not wish to have this case treated by the Commission.
    3. The procedure and the decision will conform to the "Règlement des Litiges" (Rules of Litigation) and to the dispositions of the Judicial Code in matters of arbitration (art. 1676 to 1723 included). The decision bounds the parties, without any possibility of appeal. A fee is due for dealing with a dispute; it is established by the "Règlement des Litiges".
    4. The use of these general conditions implies the acceptance of all rules and decisions established by the "Commission des Litiges Voyages a.s.b.l.", in particular the "Réglement des Litiges".
    5. The address of the "Commission des Litiges Voyages a.s.b.l." is Boulevard du Roi Albert II, 16 – 1000 Brussels.

    11. INSURANCE

    A "Travel cancellation" insurance is proposed in the booking costs charged by Belsud Réservation (for the timescales, see general conditions Art. 7), up to a maximum level of 400,00 euro, in the event of cancellation / rescission for one of the following reasons: death, accident or serious acute illness arising after registration of the reservation, either to the assured himself or to a close relative (member of the family up to the second grade), or to a travel companion who registered a reservation at the same time (except in the event of the exclusions provided by the company). This insurance covers on no account the holiday interruptions. The insurance company alone shall be responsible for paying the cancellation charges to the travelers. This insurance may turn out to be insufficient especially for accommodation in high season.

    The prices do not include: – third party liability insurance; – fire insurance for the rental of furnished accommodation;

    Concerning the tenant’s fire insurance: it is the traveler’s responsibility to contact his insurance company in order to check if he benefits a sufficient and appropriate coverage of damages. The traveler is in any case responsible for every damage occurring by his doing.

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