SPECIAL TRAVEL CONDITIONS FOR ELEMENT X GROUP TRAVEL
SPECIAL TRAVEL CONDITIONS
Updated 2 August 2024
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Get Out there BV (afterwards Element X)
Oudenaardseheerweg 147, 9810 Nazareth, Belgium
VAT: BE0789739554
Bank account: BE 32 7370 6112 5302
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Special Travel Conditions of the tour operator.
The tour operator is free to determine its special travel conditions. However, these can never contradict the General Travel Conditions nor the law. The Special Travel Conditions also serve as explanatory notes to the General Travel Conditions.
Article 1: Prices
1. The agreed price in the package travel agreement is - except for obvious material error - fixed and all services mentioned therein are included.
2. The price is indicated per person.
3. Prices given verbally or by telephone by an employee of Element X 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 traveler may cancel the package deal without compensation. In this case, the traveler is entitled to a refund of the amounts he has paid to Element X.
5. In the package travel agreement, there is talk of the budget for on-site expenses. It states what is paid from that budget. This includes, for example, some meals and accommodation. The amount is an estimate and the actual expenses may vary slightly. Depending on the destination, those expenses can be paid in cash or by bank card.
Article 2: Payment of the travel sum
When purchasing a group trip with Element X, the advance payment is 50% of the trip 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 client being unable to go on the planned trip due to all places being taken or because certain elements of the trip can no longer be booked due to lack of time or lack of in-stock material from external partners and suppliers.
The full balance must be paid no later than 6 weeks before departure.
Article 3: Cancellation of the package tour contract
1. By Element X: Element X decides no later than 21 days before departure whether or not a group trip will continue due to failure to reach the minimum number of participants. The minimum number of participants is stated in the package travel agreement. If necessary, Element X can guarantee a trip with a smaller number of participants than the minimum.
2. By the traveler: The cancellation fee is variable according to the time of cancellation. The exact date of cancellation is determined by the date of written receipt by the organizer. The compensation for cancellation by the traveler was fixed by Element X at a flat rate as follows:
a. Up to 3 months before departure: 10% of the travel price, with a minimum of 100 euros.
b. From 3 months to 6 weeks before departure: 50% of the travel sum, with a minimum of 500 euro.
c. From 6 weeks before departure: 100% of the travel sum.
3. Given the adventurous and flexible nature of the trip - of which the traveler is aware - Element X will, to the extent possible, seek solutions for changes to the program and the consequences of unavoidable and extraordinary circumstances that arise at the destination. If that solution is in line with the nature of the trip, the traveler is not entitled to a cancellation free of charge.
Article 4: Transferability of the booking.
The traveler may transfer the package travel contract to a person who meets all the conditions applicable to that contract. The costs of transfer are at Element X:
a. Up to 6 weeks before departure: 100 euros, plus any additional costs due to the carrier or other service provider associated with this transfer.
b. From 6 weeks prior to departure, cancellation fees apply (see Article 3).
c. Specific registered bookings (e.g. airline tickets) are not transferable and refundable when transferring a booking to a new person.
Article 5: Other changes by the traveler (travel dates, destination)
Changes, to the extent possible and only after agreement of Element X, are accepted subject to payment of the following administration fee per person:
a. Up to 6 weeks before departure: 100 euro per traveller.
b. From 6 weeks before departure cancellation fees are applicable (see article 3).
Article 6: Coronavirus crisis
The traveler acknowledges having been duly informed of the exceptional circumstances caused by the coronavirus crisis that may affect his/her travel and of the pandemic situation at his/her travel destination. He/she has also taken note of the current travel advisories issued by the FPS Foreign Affairs warning that travel is currently advised against (https://diplomatie.belgium.be).
Therefore, the traveler declares to be fully aware of the risks that the coronavirus poses to the smooth course of his/her trip and decides to leave on an informed trip, even when color code red (
https://www.info-coronavirus.be). The traveler also confirms to be aware that within 48 hours before returning to Belgium, each traveler must complete the PLF form online (https://travel.info-coronavirus.be) and that a quarantine upon return to Belgium and a mandatory coronavirus test are possible.
Article 7: Formalities
1. The traveler must confirm that he/she is familiar with the information on the formalities to be completed (including the obligations due to the coronavirus crisis) and the duration for obtaining them that are communicated to him/her in the package travel contract.
2. Minors must have an identity card with photo or a valid international travel pass and must present documents, on which the parents give their consent to travel alone, indicating the date of arrival and departure from the country concerned.
Article 8: The nature of the trip and the travel program
1. The traveler expressly confirms to be aware of the adventurous nature of the trip, with the corresponding possible lack of comfort and with the possible program changes due to local circumstances in the country visited.
2. The travel program is described in the pre-contractual information which is part of the package travel contract.
3. Pictures in the brochures and on the website are illustrative and do not form part of the contract.
4. Participants must join the group at the agreed time and place. Any costs due to not joining the trip (on time) shall be borne by the traveler. Services not taken as a result of late joining the group are not refundable.
5. The traveler who returns early on his/her own initiative during the trip, deviates from the programmed or proposed itinerary or evades the escort and, as a result, is not present at the agreed-upon times, bears the responsibility for all additional costs that this entails, will pay the engagements with local parties for transportation, activities and lodging, and is not entitled to a refund for services not taken.
6. Given the nature of certain trips, the traveler should be aware of some risks and possible lack of or the sometimes limited level of medical assistance, infrastructure and communication facilities. The traveler can in no way invoke the liability of the travel organizer or local performers in this regard.
Article 9: Modification by the tour operator
1. Local circumstances, special destinations and the adventurous nature of the trips offered, may entail that before or during the trip adjustments to the travel program must be made.
2. Pre-departure adjustments may involve a different tour guide than provided or travel with a different carrier. In such a case, the tour operator undertakes to minimize any adverse consequences for the traveler. These adjustments are considered insignificant.
3. If a program change arises during the trip due to factors independent of the will of the tour operator, the tour guide concerned will seek an alternative, taking into account the wishes of the participants. The tour leader will make the final decision. Additional costs for this will be borne by the traveler.
4. Intended adjustments to the travel program may in exceptional cases result in routes, excursions, accommodation and local transport deviating from what is stated in the publication. The tour operator is in that case obliged to offer the traveller alternatives that maintain the character of the journey as far as possible.
Article 10: Liability.
1. The information contained in this document was prepared according to data known to us up to 6 months before its publication. If changes occur in operation, facilities and services of the offered products, they will be communicated immediately after becoming known to the organizer.
2. Element X is not liable for unforeseen events, arising from force majeure such as unforeseen changes in regulations, delay or cancellation of flights, accidents, strikes, epidemics, weather conditions, war, etc., examples of which the enumeration is not exhaustive. The related costs shall be borne by the traveler.
3. Nor will Element X nor the tour guide be liable for any arrest by police and / or other authorities for non-compliance by the traveler . All consequences are then the responsibility of the participant.
4. Given the adventurous nature of the trip, the correctness of the services performed by third parties abroad will have to be judged according to local customs and habits.
5. Element X has the right to cancel the travel agreement, without being held liable for any damages in case of force majeure, which is understood as abnormal and unforeseeable circumstances independent of the will of the person who invokes it and whose consequences could not be avoided despite all precautions. Force majeure includes political unrest, war, natural disasters, scarcity, general strike ... In determining force majeure, the local circumstances to which the travel contract relates will be taken into account.
6. The traveler must ensure the correct and necessary identity documents and any visa requirements, unless otherwise stated in the package travel agreement. Damages due to errors shall be borne by the traveler.
7. The traveler must vouch for any vaccinations. Since the tour operator has no medical authority, the traveler must evaluate the information provided with a licensed physician. Special health risks (e.g. diabetes, heart disease, asthma, epilepsy ...) must be signaled to Element X at the time of registration. These data will be transferred to the tour leader in function of the success of the trip.
8. The traveler must take care of all formalities concerning luggage and currency. In the event of non-compliance with the legal regulations of the country concerned, the resulting damage will be borne by the traveler.
Article 11: Progress of the journey
1. The traveler will have to follow the guidelines of the tour guide in connection with safety, the course of the trip, group events and fitness. In case of violation of these guidelines, a traveler may be excluded from further participation without being able to claim compensation or reimbursement of part of the travel price.
2. Should it become apparent during the trip that a person does not have the required attitude or condition to continue the trip, the tour leader may decide to send him/her back to the hotel or place of departure. Any inconveniences and costs resulting from this will be borne by the traveler.
Article 12: Luggage
1. Element X is not liable for loss, theft or damage of luggage. However, the possible liability of carrier or hotel remains.
2. When luggage is lost or damaged, the traveler must fill out a property irregularity report at the airport's lost luggage department. Without this document it is impossible to obtain compensation.
3. Advice on allowed weight of luggage must be followed. Any extra charges for excess weight will be borne by the passenger.
Article 13: Timetable of carriers
1. The stated timetables of carriers are indicative. In all circumstances, the passenger must bear in mind that these may be altered both before and during the journey.
2. Changes in the timetables of carriers may affect the duration of the journey. The traveler is not entitled to a full or partial refund of the travel price if, as a result of changes, the times of departure do not differ by more than 12 hours from the original time.
Article 14: Complaints procedure
1. The participant should in the first place address the tour guide if he is dissatisfied with the services provided.
2. If the participant finds that the tour guide does not sufficiently respond to his comments, the traveler must, in an evidential manner, immediately inform Element X or his travel office of any non-conformity he experiences during the execution of the package travel agreement through info@elementx.travel.
3. For any disputes that cannot be resolved through the Disputes Committee, only the court of Ghent is competent.
4. All agreements are exclusively governed by Belgian law.
Article 15: Rental of cars, camping and other equipment
1. In a number of trips, Element X puts rental cars, camping equipment and other miscellaneous materials at the disposal of the travelers. The travelers should take care of this material with due diligence. Traffic fines and the infliction of intentional damage to vehicles and rented materials are therefore the responsibility of the travelers.
Article 16: Age and name
1. The minimum age to participate in the group tours of Element X is 18 years (at departure date of the trip).
2. Persons over 70 years of age must present a medical certificate for all Element X group tours.
3. Travelers must provide name information as shown on their official identification documents at the time of registration. If an error leads to additional costs (ticket, permit) these will be borne by the traveler
Article 17: Photo material and testimonials
1. Photos taken during a Element X trip can be used in the communication of Element X. These can be photos where travelers are on. If the traveler does not want this, he can notify this by registered mail before departure to: Element X Customer Service, Oudenaardseheerweg 147, 9810 Nazareth.
2. Testimonials, anonymous or with name, as noted in the feedback forms, can be used in the communication of Element X. If the traveler does not wish this, he must expressly state this at that place.
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Ce document contenant les conditions spéciales de voyage des voyages en groupe Element X est également disponible en Français sur demande.
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Dit document over de Bijzondere Reisvoorwaarden van Element X groepsreizen is op verzoek beschikbaar in het Nederlands.