General terms of sale &
Package travel conditions

General terms and conditions of sale

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1. Scope of application

   1. These general terms and conditions apply to the legal relationship between both parties and apply to all services offered by Element X, including expeditions, team building and training courses. However, in the case of a package tour, the ‘General Travel Conditions for Package Tours - p5’ apply.

   2. By approving a quote, placing an order, receiving a delivery or making a one-off payment of an invoice, the customer acknowledges having read these general terms and conditions and declares to accept these general terms and conditions.

2. General

   1. The order form/travel confirmation/invoice will in all cases be deemed to serve as written confirmation of the booked trip, training, team-building activity, purchase of goods, or rental of goods. The agreement will only be concluded after this written confirmation and is subject to changes regarding rates, departure and arrival times, etc.

   2. Element X is not responsible for necessary identification documents such as passports, visas, etc., which must be requested by the traveler. Element X is also not responsible for necessary vaccinations, etc.

   3. Any costs that may increase as a result of incorrect information on the invoice signed by the customer or the order form completed via the website will be borne solely by the customer.

3. Quotes and deliveries

   1. All quotations, in whatever form, are without obligation and without any commitment.

   2. All quotes are valid for 14 days.

   3. Acceptance of a quote must be in writing. Acceptance of the quote constitutes an order.

   4. The mention of a delivery period is merely an indication and is not binding.

4. Cancellation of the order

   1. If the customer cancels the agreement or makes its execution impossible through their actions, the following cancellation conditions apply, regardless of whether it concerns a training course, expedition, or team building activity:

      1. In case of cancellation at least 3 months before the start of the training, expedition or team building, the customer is liable for 50% of the total amount.

      2. In case of cancellation within 3 months before the start, the customer owes 100% of the total amount.

5. Complaints

   1. Any complaint or protest must be made, duly substantiated, by registered letter no later than 14 calendar days after the invoice date, after the date of delivery of the goods/services, failing which the customer will be deemed to have irrevocably accepted and approved the invoice, the goods or the services without any reservation.

6. Payments 

   1. Unless otherwise stated on the invoice, all invoices are payable within 14 days of the invoice date by bank transfer.

   2. In case of non-payment of the balance, Element X reserves the right to refuse to deliver travel documents or training materials and/or to refuse participation in the training, expedition or team building. Non-payment of the balance will be considered as a breach of the contract by the traveler in accordance with the Law of 21 November 2017 on the sale of package travel, linked travel arrangements and travel services. The deposit remains acquired by Element X and in case of cancellation by the traveler, the expenses must be paid in full by the traveler. In the event of non-payment on the due date, the price will be increased by a compensation of 10% with a minimum of 62 euros and this by operation of law without any notice of default being required. In addition and also without any notice of default being required, an interest of 1% per month will be due. Every started month will be considered a full month.

7. Right of withdrawal

   1. Pursuant to Article VI.53, 12° of the Code of Economic Law, the consumer does not have a right of withdrawal.

8. Liability

   1. Element X’s liability for damage caused by its fault is limited to direct and foreseeable damage. Except in the event of intent or gross negligence, Element X shall under no circumstances be liable for indirect damage caused by its fault, such as in particular financial or commercial losses, loss of an opportunity, loss of profits, or increased general costs.

   2. With the exception of bodily injury, Element X’s liability remains limited to the amount (excluding VAT) paid by the customer for the services/goods that caused the damage.

   3. The above clause does not under any circumstances terminate or reduce the statutory warranty obligations of Element X towards consumers as stipulated in Articles 1641 to 1649 octies of the Dutch Civil Code.

9. Guarantee Fund

   1. Element X is affiliated with the Guarantee Fund. Customers can rely on this fund in the event of financial inability.

10. Processing of personal data

    1. In accordance with the provisions of the European privacy legislation (GDPR) on the protection of privacy with regard to the processing of personal data:

    2. Personal identification data will be processed by Element X for the purpose of providing the services for which the customer has registered with Element X. In addition, Element X will also use this data to offer the customer information about other products and services of Element X that may be of interest to the customer. Element X will only use the customer’s personal data for the purposes stated above.

    3. Element X will not disclose, sell, rent or exchange personal data with other organizations or bodies, unless to companies acting as data processors and acting in the name of and under the control of Element X. This is also possible if you have been notified in advance and expressly agree to this, or if otherwise required by law. The customer has the right to consult, limit and, if necessary, request that incorrect data be corrected.

    4. The customer may also object to the future processing of his personal data for direct marketing purposes. This can easily be done by sending an email to info@elementx.travel or by writing to Element X, Oudenaardseheerweg 147, 9810 Nazareth, Belgium. With every electronic newsletter from Element X, the customer is given the opportunity to unsubscribe.

    5. The Element X website contains links to other websites that are not controlled by Element X. Element X is therefore not responsible for the privacy practices of these websites.

11. Applicable law and competent court

    1. All legal relationships with the customer are exclusively governed by Belgian law.

    2. Both parties agree and acknowledge that the place of performance of the agreement is the seller's registered office. They declare and acknowledge that all disputes relating to this order form/travel confirmation/invoice are subject to Belgian law pursuant to Article 624, 2° of the Belgian Commercial Code (Generisch Gesetzb). Disputes must be submitted to the Courts of Ghent.

Special Conditions of Sale
 

The special sales conditions below take precedence over the general sales conditions.
 

SPECIAL CONDITIONS OF SALE Element X AS A TOUR ORGANIZER

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1. Price

   1. The agreed price is fixed, all taxes are included with the exception of airport taxes payable locally, subject to any increase in exchange rates, fares and/or carrier taxes.

   2. If the agreed-upon price increase exceeds 8%, the traveler may cancel the contract within eight days of receiving notification. In this case, the traveler is only entitled to a refund of the amounts already paid. This refund will be made within one month. If VAT and/or other government-imposed taxes change before the start of the trip, the overall price will be adjusted accordingly.

2. Payment

   1. Advance payment

   2. Upon booking a trip, a deposit of at least 50%, with a minimum of €500 per person, must be paid immediately, unless otherwise agreed upon on the order form/travel confirmation/invoice. If you book within six weeks of departure, the full travel price must be paid immediately.

   3. Balance

   4. Unless otherwise agreed on the order form/travel confirmation/invoice, the traveler must pay the balance no later than 6 weeks before departure, after which the travel documents will be delivered to him no later than 1 week before departure.
       

SPECIAL CONDITIONS OF SALE Element X AS A RESELLER

1. Price

   1. The prices listed are set by the transport companies or tour operators and remain valid as long as stocks of the product in question last.

   2. Quotes and prices communicated verbally by Element X are always subject to change.

   3. For flights, the price is only finalized upon issuance of the ticket. Ticket issuance is only possible after full payment has been made.

2. Timetables

   1. The stated timetables are subject to change, both before and during your trip. Consequently, Element X cannot guarantee connecting flights.

3. Cancellation and changes by carrier or tour operator

   1. If for any reason one or more carriers or tour operators decide to cancel or change the flights or the trip in whole or in part, Element X will only be obliged to reimburse the airline ticket or the trip in whole or in part if it has itself obtained a refund from the carriers or tour operators. Under no circumstances will Element X be obliged to pay any compensation.

4. Costs for additional services or change requests by the customer
   Any changes requested by the customer after the trip has been confirmed will be subject to an administration fee and additional charges as determined by Element X. This fee will be calculated based on the nature of the request and must be paid before the changes are implemented. This is to compensate for any administrative burden.

5. Security of payment obligations
   If the customer fails to meet their payment obligations, Element X reserves the right to reclaim the outstanding costs through legal action. In the event of cancellation by the customer without timely payment of the balance, Element X will retain any amounts already paid. This may lead to cancellation of the agreement without any refund.

6. Permission to use images and testimonials
   The client grants Element X permission to use images (photos and videos) and written testimonials from clients for marketing and communication purposes. Unless the client objects in writing in advance, Element X may use the material in offline and online media, including social media, websites, and promotional materials. Element X will respect the client's privacy in doing so.

7. Limitation of Warranty Obligations for Third-Party Services
   Services and products not provided directly by Element X, such as accommodation, transportation, and activities provided by third party providers, are not covered by Element X’s warranty. Element X shall not be liable for any shortcomings of these third parties, and any complaints in this regard should be directed directly to the relevant third party provider.

8. Liability for high-risk activities
   Participation in high-risk activities, such as survival training, off-grid navigation, and other adventurous activities, is entirely at the customer's own risk. Element X disclaims any liability for injuries, damage, or losses resulting from participation in such activities. By registering for the trip, the customer confirms that he or she is aware of the nature and risks of these activities.

9. Strict payment terms in case of late payment
   Failure by the customer to pay within 5 days of the invoice due date may result in automatic termination of the agreement by Element X. In that case, Element X reserves the right to retain all amounts already paid as compensation. This measure is implemented to prevent payment delays and late payments.

10. Article 26: Specific cancellation conditions in case of force majeure
    In case of cancellations due to force majeure, the cancellation policies of the external suppliers apply. The customer is only entitled to a refund to the extent that Element X itself receives a refund from its external partners. Element X is not obliged to provide the customer with compensation or additional refunds if the external supplier does not reimburse them.

These general and specific conditions of sale are also available in French upon request.

These general and special terms & conditions are available in English upon request.

 

General travel conditions for package tours

 

The combination of travel services offered to you is a package within the meaning of Directive (EU)

2015/2302, transposed by the law of 21 November 2017 on the sale of package travel,

linked travel arrangements and travel services. Consequently, you will benefit from all EU rights applying to packages. Element X is fully responsible for the proper performance of the package as a whole. Element X also has, as required by law, protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation if it becomes insolvent.

 

Basic rights under Directive (EU) 2015/2302:

 

Before concluding the package travel agreement, the traveller will receive all essential information about the package.

 

The liability for the proper performance of all travel services included in the agreement always rests with at least one professional.

 

The traveller will be given an emergency telephone number or details of a contact point through which he or she can contact the organiser or travel agent.

 

The traveller may transfer the package to another person, subject to a reasonable period of time and possibly against payment of additional costs.

 

The price of the package may only be increased if specific costs rise (e.g., fuel prices), if this is expressly stated in the contract, and in any event no later than twenty days before the start of the package. If the price increase exceeds 8% of the package price, the traveler may cancel the contract. If the organizer reserves the right to a price increase, the traveler is entitled to a price reduction if the relevant costs decrease.

 

If any of the essential elements of the package, other than the price, are significantly changed, the traveller may cancel the contract without paying a cancellation fee and will receive a full refund. If the professional responsible for

If the traveller is responsible for cancelling the package before the start of the package, the traveller is entitled to a refund and, where appropriate, compensation.

 

In exceptional circumstances, the traveller may cancel the contract without paying a cancellation fee before the start of the package, for example if there are serious security problems at the destination that are likely to affect his package.

 

In addition, the traveller may cancel the agreement at any time before the start of the package against payment of an appropriate and justified cancellation fee.

 

If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements must be offered to the traveler at no extra cost. If the services are not performed in accordance with the contract and this significantly affects the performance of the package and the organizer has not remedied the problem, the traveler may terminate the package travel contract without paying a termination fee.

 

In the event of travel services that have not been performed or have not been performed properly, the traveler is also entitled to a price reduction and/or compensation.

 

The organizer is obliged to assist travelers in difficulties.

 

If the organiser or the retailer becomes insolvent, the sums paid will be refunded. If the insolvency of the organiser or, where applicable, the retailer occurs after the start of the package and transport is included in the trip or holiday, repatriation of the traveller will be arranged. Element X has taken out insolvency protection with the Travel Guarantee Fund. If services are not provided due to the insolvency of Element X, travellers can contact this entity or, where appropriate, the competent authority: The Travel Guarantee Fund, Metrologielaan 8, 1130 Brussels; or by telephone 02/2406800 or via the form on www.gfg.be.

 

The Act of 21 November 2017 on the sale of package travel, linked travel arrangements and travel services.

 

This standard information form for package travel contracts is available in English upon request.

This standard information form for package tour agreements is available in English upon request.

Special Travel Conditions Element X

Special Travel Conditions of the tour operator.

 

Article 1: Prices

1. The agreed price in the package travel agreement is - unless there is an obvious material error - fixed and all services listed therein are included.

2. The price is indicated per person.

3. Prices given verbally or by telephone by an Element X employee are always subject to change. Only written price confirmations are valid.

4. If the basic price of the trip increases by more than 8%, the traveller may terminate the package travel contract without compensation. In this case, the traveller is entitled to a refund of the amounts paid to Element X.

5. The package travel agreement includes a budget for on-site expenses. It specifies what will be paid from this budget. This includes, for example, some meals and accommodations. This amount is an estimate, and actual expenses may vary slightly. Depending on the destination, these expenses can be paid in cash or by bank card.

 

Article 2: Payment of the travel sum

When purchasing a group tour from Element X, the deposit is 50% of the tour price, with a minimum of 500 euros. The deposit must be paid to guarantee the trip. Late payment of the deposit may result in the customer no longer being able to participate in the planned tour because all places are taken or because certain elements of the trip can no longer be booked due to a lack of time or a lack of available material from external partners and suppliers.

The full balance must be paid no later than 6 weeks before departure.

 

Article 3: Termination of the package travel agreement

1. By Element X: Element X will decide no later than 21 days before departure whether or not a group tour will go ahead due to the minimum number of participants not being reached. The minimum number of participants is stated in the package travel agreement. If necessary, Element X can guarantee a tour with a smaller number of participants than the minimum.

2. By the traveler:
If the customer cancels the agreement or makes its execution impossible through their actions, the following cancellation conditions apply, regardless of whether it concerns a training course, expedition, team-building activity, or package tour:
- In case of cancellation at least 3 months before the start, the customer owes 50% of the total amount.
- In case of cancellation within 3 months before the start, the customer owes 100% of the total amount.

This arrangement deviates from the standard arrangement provided for in the Law of 21 November 2017 on the sale of package travel, and is expressly accepted by the customer upon signing or confirming the agreement. The date of receipt of the written cancellation serves as the reference. Any costs that cannot be recovered from external partners will also be charged to the customer.
 

Article 4: Transferability of the booking

The traveller may transfer the package travel agreement to a person who meets all the conditions applicable to that agreement. The costs of transfer at Element X are:

a. Up to 6 weeks before departure: €500, plus any additional costs owed to the carrier or other service provider associated with this transfer.

b. Cancellation costs apply from 6 weeks before departure (see article 3).

c. Specific bookings made in a name (such as airline tickets) are non-transferable and non-refundable when transferring a booking to a new person.

 

Article 5: Other changes by the traveler (travel dates, destination)

At Element X, changes will be accepted, to the extent possible and only after approval by Element X, upon payment of the following administration costs per person:

a. Up to 6 weeks before departure: 500 euros per traveler

b. Cancellation costs apply from 6 weeks before departure (see article 3)

 

Article 6: Coronavirus crisis

Travelers should be aware that new COVID-19 outbreaks and new measures abroad can have significant consequences for their trip. Repatriation cannot be guaranteed if commercial flights are canceled or borders are closed.

All information about the rules that apply for traveling to Belgium can be found at (https://info-coronavirus.be)

 

The traveler acknowledges having been properly informed about the exceptional circumstances caused by the coronavirus crisis that may affect their trip and about the pandemic situation at their destination. They have also taken note of the current travel advisories from the Ministry of Foreign Affairs, which warn that travel is currently discouraged (https://diplomatie.belgium.be/nl).

The traveler therefore declares that he/she is fully aware of the risks that the coronavirus poses for the smooth running of his/her trip and decides to travel with full knowledge of the facts, even in the case of color code red (

https://www.info-coronavirus.be/nl/kleurcodes-per-land/The traveler also confirms that they are aware of the regulations and measures taken by the Belgian government, as well as the obligations that come with them and regarding returning to Belgium.

 

Article 7: Formalities

1. The traveller must confirm that he/she has taken note of the information regarding the formalities to be completed (including the obligations due to the coronavirus crisis) and the timeframe for obtaining them, as communicated to him/her in the package travel agreement.

2. Minors must possess an identity card with a photograph or a valid international passport and must present documents showing parental consent to travel alone, stating the date of arrival at and departure from the country concerned.

 

Article 8: The nature of the trip and the travel program

1. The traveler expressly confirms that he/she is aware of the adventurous nature of the trip, with the associated possible lack of comfort and possible program changes due to local circumstances in the country visited.

2. The travel programme is described in the pre-contractual information that forms part of the package travel agreement.

3. Photos in the brochures and on the website are for illustrative purposes only and do not form part of the contract.

4. Participants must join the group at the agreed-upon time and location. Any costs incurred as a result of not joining the trip (on time) are the responsibility of the traveler. Services not used due to late joining the group are non-refundable.

5. Any traveler who, during the trip, returns early on their own initiative, deviates from the programmed or proposed route, or withdraws from the tour guide and is therefore not present at the agreed times, will be liable for all additional costs incurred as a result, will pay for commitments with local parties for transport, activities and accommodation, and is not entitled to reimbursement for services not used.

6. Given the nature of certain trips, travelers should be aware of certain risks and the potential lack or limited level of medical assistance, infrastructure, and communication facilities. In no event can the traveler hold the tour operator or local operators liable in this regard.

 

Article 9: Changes by the tour operator

1. Local circumstances, special destinations and the adventurous nature of the tours offered may require adjustments to be made to the tour program before or during the tour.

2. Adjustments before departure may include a different tour guide than originally planned or a different carrier. In such cases, the tour operator undertakes to minimize any adverse consequences for the traveler. These adjustments are considered insignificant.

3. If a program change is necessary during the trip due to factors beyond the tour operator's control, the tour leader involved will seek an alternative, taking into account the participants' wishes. The tour leader makes the final decision. Any additional costs incurred will be borne by the traveler.

4. In exceptional cases, these changes to the itinerary may result in routes, excursions, accommodations, and local transportation deviating from what is stated in the publication. In such cases, the tour operator is obligated to offer the traveler alternatives that preserve the character of the trip as much as possible.

 

Article 10: Liability

1. The information contained in this document was compiled based on data known to us up to six months prior to its publication. Any changes to the operation, facilities, and services of the products offered will be communicated by the organizer immediately upon becoming aware of them.

2. Element X shall not be liable for unforeseen events resulting from force majeure such as unforeseen changes in regulations, delays or cancellations of flights, accidents, strikes, epidemics, weather conditions, war, etc., examples of which are not exhaustive. Any costs associated with this shall be borne by the traveller.

3. Neither Element X nor the tour guide will be liable for any arrest by the police and/or other authorities due to the traveller's failure to comply with the regulations. All consequences will then be borne by the participant.

4. Given the adventurous nature of the trip, the correctness of the services provided by third parties abroad must be assessed in accordance with local customs and habits.

5. Element X has the right to terminate the travel agreement, without being held liable for any damage in the event of force majeure, which is understood to mean abnormal and unforeseeable circumstances beyond the control of the person invoking them and the consequences of which could not have been avoided despite all precautions. Force majeure includes, among other things, political unrest, war, natural disasters, shortages, general strikes, etc. When determining force majeure, the local circumstances to which the travel agreement relates will be taken into account.

6. The traveler must ensure they have the correct and necessary identity documents and any visa requirements, unless otherwise stated in the package travel agreement. Any damages resulting from errors are the traveler's responsibility.

7. The traveler is responsible for any vaccinations. Since the tour operator does not have medical authority, the traveler must evaluate the information provided with a qualified physician. Any special health risks (such as diabetes, heart disease, asthma, epilepsy, etc.) must be reported to Element X upon registration. This information will be passed on to the tour leader to ensure the success of the trip.

8. The traveler is responsible for all formalities regarding baggage and foreign currency. Failure to comply with the legal requirements of the country in question will result in any resulting damages being borne by the traveler.

 

Article 11: Course of the journey

1. Travelers must follow the tour guide's guidelines regarding safety, the course of the trip, group activities, and fitness. Violating these guidelines may result in exclusion from further participation without entitlement to compensation or a partial refund of the tour price.

2. If, during the trip, it becomes apparent that someone does not, or no longer, possess the required attitude or fitness to continue the trip, the tour guide may decide to send them back to the hotel or departure point. Any inconvenience and costs resulting from this will be borne by the traveler.

 

Article 12: Baggage

1. Element X is not liable for loss, theft, or damage to luggage. However, any liability of the carrier or hotel remains.

2. In case of loss or damage to baggage, the traveler must complete a property irregularity report at the airport's lost baggage department. Without this document, it is impossible to obtain compensation.

3. The recommendations regarding permitted baggage weight must be followed. Any additional costs for excess weight are the responsibility of the passenger.

 

Article 13: Timetable of carriers

1. The listed schedules of carriers are indicative. Travelers should always keep in mind that these schedules are subject to change both before and during the trip.

2. Changes to carrier schedules may affect the duration of the trip. Travelers are not entitled to a full or partial refund of the fare if the departure times, as a result of changes, deviate by more than 12 hours from the original time.

 

Article 14: Complaints procedure

1. The participant must first contact the tour guide if he or she is dissatisfied with the services provided.

2. If the participant believes that the tour guide is not sufficiently listening to his comments, the traveller must, with convincing evidence, inform Element X or his travel agency without delay of any non-conformity he experiences during the execution of the package travel agreement via info@getoutthere.be.

3. For any disputes that cannot be resolved through the Disputes Committee, only the court of Ghent has jurisdiction.

4. All agreements are exclusively governed by Belgian law.

 

Article 15: Rental cars and camping equipment

1. For some trips, Element X provides rental cars, camping equipment, and other miscellaneous materials to travelers. Travelers are expected to take good care of this equipment. Traffic fines and intentional damage to vehicles and rented equipment are therefore the responsibility of travelers.

 

Article 16: Age and name

1. The minimum age to participate in Element X group tours is 18 years (on the departure date of the tour).

2. Persons over 70 years of age must present a medical certificate for all Element X group tours.

3. Upon registration, the traveler must provide the name information as it appears on their official identification documents. If an error results in additional costs (ticket, permit), these will be borne by the traveler.

 

Article 17: Photographic material and testimonials

1. Photos taken during an Element X trip may be used in Element X communications. These may include photos featuring travelers. If the traveler does not wish this to be done, he can report this by registered mail before departure to: Element X Customer Service, Oudenaardseheerweg 147, 9810 Nazareth.

2. Testimonials, whether anonymous or with name, as recorded in the feedback forms, may be used in Element X communications. If the traveller does not wish this, he must explicitly state this at that location.

Article 18: Clarity about risks and liability
Disclaimer regarding weather and unpredictability: Expeditions are highly dependent on weather conditions and other unpredictability. Element X reserves the right to adapt the program if these circumstances so require and cannot be held responsible for changes made necessary as a result.
Limitation of Liability for High-Risk Activities: Participation in high-risk activities such as helicopter drops, survival training, and off-grid navigation is entirely at your own risk. Element X is not liable for any injury, damage, or loss resulting from participation in these activities.

Article 19: Health and fitness of participants
Mandatory fitness test or health declaration: Due to the physically demanding nature of expeditions, Element X may require a medical clearance or health declaration. Participants are required to inform Element X of any medical conditions that may affect the expedition.
Liability for health incidents: Any costs for on-site medical care (such as evacuations or medical treatment) are the sole responsibility of the participant and not of Element X.

Article 20: Unforeseen costs and changes on site
Additional costs due to force majeure or unforeseen circumstances: Additional costs arising from force majeure or unforeseen circumstances (such as natural disasters, strikes, political unrest) are entirely borne by the participant.
Coverage of additional costs due to deviations from the programme: Deviations from the planned programme, such as an early return or deviation from the proposed route, do not entitle you to compensation or reimbursement for services not received.

Article 21: Indemnity in case of lack of local infrastructure
Limited on-site infrastructure: Local infrastructure and medical facilities at expedition locations may be limited. Element X is not liable for the consequences of limited access to medical care, communication, or transportation in remote areas.
Disclaimer for local partners: Element X is not liable for any defects or shortcomings in the services provided by local partners (e.g. guides, transportation companies, accommodation providers). Complaints should be addressed directly to the local party concerned.

This document containing the special travel conditions for Element X group tours is also available in French upon request.

This special Travel Conditions Element X group tours agreements is available in English upon request.