These general terms and conditions apply to package travel contracts booked from 1 July 2018 onwards and are governed by the Act of 21 November 2017 on the sale of package travel, linked travel arrangements and travel services.
2.1 The organiser and the retailer shall provide the traveller, before the traveller is bound by a package travel contract, the legally prescribed standard information and, insofar as applicable to the package, the following:
1° the main characteristics of the travel services:
a) the travel destination(s), itinerary and periods of stay, including dates and number of nights;
b) the means of transport, their characteristics and categories, places and dates and times of departure and return, duration and place of stopovers and connections; if the exact time is not yet fixed, it shall be provided approximately;
c) the location, main characteristics and category of the accommodation in accordance with the rules of the destination country;
d) the meals provided;
e) visits, excursions or other services included in the total price agreed for the package;
f) where it is not clear, clarification as to whether the travel services are provided to the traveller as part of a group;
g) the language in which other tourist services, where applicable, will be performed;
h) whether the trip is generally suitable for persons with reduced mobility;
2° the total price of the package travel and, where applicable, an indication of the type of additional costs that may be borne by the traveller;
3° the payment arrangements;
4° the minimum number of persons required for the package to take place and the deadline for possible termination of the contract if this number is not reached;
5° general information on passport and visa requirements in the destination country, including the approximate time required to obtain a visa, and information on health formalities;
6° the statement that the traveller may terminate the contract subject to payment of a termination fee;
7° information on cancellation and/or assistance insurance.
2.2 The professional shall ensure that the correct standard information form is provided to the traveller.
2.3 The pre-contractual information provided to the traveller forms an integral part of the package travel contract. It may not be amended unless by mutual agreement of the parties.
3.1 The person concluding the package travel contract must provide the organiser and the retailer with all useful information about themselves and their co-travellers that may be relevant to the conclusion or performance of the contract.
3.2 If the traveller provides incorrect information and this results in additional costs for the organiser and/or retailer, those costs may be charged.
4.1 When concluding the package travel contract or within a reasonable time, the organiser—or, where a retailer is involved, the retailer—shall provide the traveller with a confirmation of the contract on a durable medium, such as an email, a paper document or a PDF. If the contract is concluded in the simultaneous physical presence of the parties, the traveller has the right to request a paper copy.
4.2 The package travel contract or its confirmation contains the full content of the agreement, including all information referred to in Article 2 and the following information:
1° the traveller’s specific requests that have been accepted by the organiser;
2° that the organiser is responsible for the proper performance of the package travel and has a duty to provide assistance;
3° the name and contact details of the entity responsible for insolvency protection;
4° the name, address, telephone number and email address of the organiser’s local representative or another service in case the traveller is in difficulty or wishes to complain about possible non-conformity;
5° the traveller’s obligation to report non-conformity during the trip;
6° information enabling direct contact with an unaccompanied minor or with the person responsible for them at their place of residence;
7° information on internal complaint handling;
8° information about the Travel Disputes Committee and the EU platform for online dispute resolution;
9° information on the traveller’s right to transfer their contract.
4.3 In good time before the start of the package travel, the organiser shall provide the traveller with:
1° the necessary receipts;
2° vouchers and transport tickets;
3° information on the scheduled departure times and, where applicable, the latest check-in time, scheduled times for stopovers, connections and arrival.
5.1 After the conclusion of the package travel contract, prices may only be increased if the contract expressly provides for this. In that case, the contract shall state how the price revision is calculated. Price increases are only permitted as a direct consequence of changes in:
1° the price of passenger transport attributable to increases in the cost of fuel or other energy sources; or
2° the level of taxes or fees imposed on the travel services included in the contract, levied by third parties not directly involved in performing the package, including tourist taxes and departure/arrival taxes in ports and airports; or
3° the exchange rates relevant to the package.
Where a price increase is provided for, the traveller is entitled to a price reduction in the event of a decrease in the costs listed above.
5.2 If the increase exceeds 8% of the total price, the traveller may terminate the contract without a termination fee.
5.3 A price increase is only possible if the organiser notifies the traveller no later than twenty days before the start of the package travel on a durable medium (e.g. email, paper document or PDF), providing the reasons and a calculation.
5.4 In the event of a price reduction, the organiser is entitled to deduct administrative costs from the refund due to the traveller. If the traveller requests it, the organiser shall substantiate those costs.
6.1 Unless agreed otherwise, when concluding the package travel contract the traveller shall pay an advance portion of the total price as determined in the special conditions.
6.2 Unless otherwise agreed in the contract, the traveller shall pay the balance no later than one month before the departure date.
6.3 If, after having been put on notice, the traveller fails to pay the advance or the travel price due, the organiser and/or retailer shall be entitled to terminate the contract by operation of law, at the traveller’s expense.
7.1 The traveller may transfer the package travel contract to a person who meets all conditions applicable to that contract, provided that the traveller:
1° informs the organiser and, where applicable, the retailer as soon as possible and no later than 7 days before the start of the package travel on a durable medium (e.g. email, paper document or PDF), and
2° bears any additional costs resulting from the transfer.
7.2 The transferor and transferee are jointly and severally liable for payment of any outstanding amount and any additional charges resulting from the transfer. The organiser shall inform the transferor of the transfer costs.
If the traveller requests another change, the organiser and/or retailer who can accommodate it may charge all costs caused thereby.
9.1 The organiser may not unilaterally change the provisions of the package travel contract—other than price changes—before the start of the package travel, unless:
1° the organiser has reserved that right in the contract; and
2° the change is insignificant; and
3° the organiser informs the traveller on a durable medium (e.g. email, paper document or PDF).
9.2 If, before the start of the trip, the organiser is compelled to significantly change one of the main characteristics of the travel services, or cannot meet the traveller’s confirmed special requests, or proposes to increase the price by more than 8%, the organiser must inform the traveller and notify them of:
1° the proposed changes and their impact on the price;
2° the option to terminate the contract without costs unless the traveller accepts the proposed changes;
3° the deadline within which the traveller must notify the organiser of their decision;
4° the fact that, if the traveller does not explicitly accept within that deadline, the contract is automatically terminated; and
5° where applicable, the proposed replacement package and its price.
9.3 If the changes or the replacement package result in a reduction of quality or cost, the traveller is entitled to an appropriate price reduction.
9.4 If the contract is terminated under Article 9.2 and the traveller does not accept a replacement package, the organiser shall refund all payments within fourteen days after termination.
10.1 The organiser may terminate the package travel contract:
1° if the number of persons enrolled is fewer than the minimum stated in the contract and the traveller is informed within the timeframe set in the contract, but no later than:
a) twenty days before the start of the package for trips longer than six days;
b) seven days before the start for trips of two to six days;
c) 48 hours before the start for trips shorter than two days; or
2° if the organiser cannot perform the contract due to unavoidable and extraordinary circumstances and informs the traveller before the start that the contract is terminated.
10.2 In these cases, the organiser shall refund all amounts received without owing any additional compensation.
11.1 The traveller may terminate the package travel contract at any time before the start of the package. Upon termination, the traveller may be required to pay a termination fee. The contract may provide standardised termination fees based on the time of termination before departure and the expected cost savings and income from alternative use of the travel services. If no standardised fees are set, the fee corresponds to the package price minus cost savings and income from alternative use.
11.2 However, if unavoidable and extraordinary circumstances occur at the destination (or its immediate vicinity) with significant consequences for the performance of the package or for passenger transport to the destination, the traveller has the right to terminate without paying a termination fee. In that case, the traveller is entitled to a full refund of all payments made for the package, but not to additional compensation.
11.3 The organiser shall refund all amounts paid by or on behalf of the traveller within fourteen days, minus any termination fee.
12.1 The traveller shall notify the organiser without delay of any non-conformity detected during performance of a travel service included in the package.
12.2 If a travel service is not performed in conformity with the contract, the organiser shall remedy the non-conformity unless:
1° it is impossible, or
2° it entails disproportionate costs, taking into account the extent of the non-conformity and the value of the services concerned.
If the organiser does not remedy the non-conformity, the traveller is entitled to a price reduction or compensation under Article 15.
12.3 If the organiser does not remedy within a reasonable period set by the traveller, the traveller may remedy it themselves and request reimbursement of necessary expenses. Setting a period is not necessary if the organiser refuses to remedy or if an immediate solution is required.
12.4 If a substantial part of the services cannot be provided, the organiser shall offer, at no extra cost, suitable alternative arrangements of equivalent or higher quality where possible. If the alternatives result in a lower-quality package, the organiser shall grant an appropriate price reduction. The traveller may reject alternatives only if they are not comparable or if the price reduction is inadequate.
12.5 If the non-conformity significantly affects performance and is not remedied within a reasonable period, the traveller may terminate without paying a termination fee and may, where applicable, request a price reduction and/or compensation. If the package includes passenger transport, the organiser shall provide repatriation. If no alternatives can be offered or the traveller rejects them, the traveller may be entitled to a price reduction and/or compensation even without terminating.
12.6 If, due to unavoidable and extraordinary circumstances, return cannot be ensured as agreed, the organiser shall bear the cost of necessary accommodation for up to three nights per traveller.
12.7 The limit in 12.6 does not apply to persons with reduced mobility, their companions, pregnant women, unaccompanied minors, and persons requiring specific medical assistance, provided the organiser was informed of their needs at least 48 hours before the start.
12.8 The organiser may not rely on unavoidable and extraordinary circumstances to limit liability if the carrier cannot rely on them under applicable EU law.
12.9 The traveller may address messages, requests or complaints regarding performance directly to the retailer from whom the package was purchased. The retailer shall forward them to the organiser without delay.
The traveller is liable for damage suffered by the organiser and/or retailer, their employees and/or representatives due to the traveller’s fault or failure to fulfil contractual obligations.
14.1 The organiser is liable for the performance of the travel services included in the package contract, regardless of whether they are performed by the organiser or other service providers.
14.2 If the organiser is established outside the European Economic Area, the retailer established in a Member State shall be subject to the obligations of organisers, unless the retailer proves that the organiser meets the requirements of the Act of 21 November 2017.
15.1 The traveller is entitled to an appropriate price reduction for any period of non-conformity, unless the organiser proves that the non-conformity is attributable to the traveller.
15.2 The traveller is entitled to appropriate compensation from the organiser for any damage suffered as a result of non-conformity. Compensation shall be paid without delay.
15.3 The traveller is not entitled to compensation if the organiser proves that the non-conformity is due to:
1° the traveller;
2° a third party not involved in performing the services, and the non-conformity could not be foreseen or prevented; or
3° unavoidable and extraordinary circumstances.
16.1 The organiser shall provide appropriate assistance without delay to a traveller in difficulty, in particular by:
1° providing useful information on medical services, local authorities and consular assistance;
2° assisting the traveller in using remote communication and in finding alternative travel arrangements.
16.2 If the difficulties are due to the traveller’s intent or negligence, the organiser may charge a fee for such assistance, which shall in no case exceed the organiser’s actual costs.
17.1 If the traveller has a complaint before departure, they must report it as soon as possible in a provable manner to the organiser or retailer.
17.2 Complaints during performance must be reported as soon as possible on site, in an appropriate and provable manner, to the organiser or retailer so that a solution can be sought.
17.3 If the complaint was not satisfactorily resolved on site, or it was impossible to submit it on site, the traveller must submit a complaint after the end of the contract without delay, in a provable manner, to the organiser or retailer.
18.1 In the event of a dispute, the parties shall first attempt to reach an amicable settlement.
18.2 If this attempt fails, any party may request the non-profit organisation Travel Disputes Committee to initiate a conciliation procedure. All parties must agree.
18.3 The secretariat will then provide the parties with conciliation rules and an “agreement to conciliate”.
18.4 In accordance with the procedure described, an impartial conciliator will contact the parties in order to seek an equitable conciliation.
18.5 Any agreement reached will be set out in a binding written agreement.
19.1 If no conciliation procedure is initiated or it fails, the claimant may, if desired, initiate arbitration proceedings before the Travel Disputes Committee or bring proceedings before the court.
19.2 The traveller can never be obliged to accept the jurisdiction of the Travel Disputes Committee, neither as claimant nor as defendant.
19.3 The organiser or retailer who is the defendant may refuse arbitration only if the amount claimed exceeds EUR 2,500. They have a period of 10 calendar days after receipt of the registered letter or email with acknowledgement of receipt indicating that a file with a claim from EUR 2,501 has been opened with the Travel Disputes Committee.
19.4 This arbitration procedure is governed by dispute rules and can only be initiated after a complaint has been filed with the company itself and once it is established that the dispute could not be settled amicably, or once 4 months have elapsed after the (expected) end of the trip (or possibly from the service that gave rise to the dispute). Disputes relating to bodily injury can only be settled by the courts.
19.5 The parity-based arbitral tribunal shall, in accordance with the dispute rules, decide the travel dispute in a binding and final manner. No appeal is possible.
Secretariat of the Travel Disputes Committee:
Telephone: 02 277 62 15 or 02 277 61 80 (9 am to 12 pm);
Fax: 02 277 91 00
City Atrium, Vooruitgangstraat 50, 1210 Brussels
Email: reisgeschillen@clv-gr.be
01/01/2024
These special conditions supplement the general conditions of the Travel Disputes Committee applicable to the bookings described therein. They apply to all offers for sale and sales, and to every travel commitment of Antares Safaris BV, acting in any capacity whatsoever, both in its own name and in the name of and/or for the account of an operator of any travel commitment, and where applicable as agent of the traveller, for any act or legal transaction as a professional as referred to in Article 2(7°) of the Act of 21 November 2017 on the sale of package travel, linked travel arrangements and travel services (hereinafter: the “Package Travel Act”).
1.1 The traveller confirms having taken note of the pre-contractual information for a package travel arrangement as set out in Article 5 of the Package Travel Act, for linked travel arrangements in Article 66 of the same Act, and for separate travel services in Article 71 of the same Act. This includes information on who is liable for the proper performance of the travel commitments and who provides the legally required insolvency protection and the body granting such protection.
For Antares Safaris BV, this is the insurance company:
MSIG Europe SE, Koning Albert II-laan 37, 1030 Brussels, Belgium
insolvency.claims.be@msig-europe.com — +32 2 894 70 00
1.2 Any commitment and travel agreement, in whatever capacity, is concluded upon its confirmation by Antares Safaris BV.
The traveller confirms having received all information in accordance with Articles 10 and 11 of the Package Travel Act and to be bound by the organiser’s general and special conditions and, where applicable, those of the retailer or service provider.
1.3 The traveller may grant a mandate to Antares Safaris BV to conclude contracts in their name and for their account, to make and/or receive payments, and to perform any legal act related to the conclusion or performance of a travel agreement and its consequences, and for that purpose to elect domicile at the address of Antares Safaris BV, against an appropriate cost reimbursement to be agreed.
Any mandate or power of attorney and its acceptance must be evidenced by the travel agreement itself or by a legally valid document drawn up between the traveller and Antares Safaris BV.
2.1 Each traveller is liable for payment of the travel commitment booked by or for them.
2.2 Only the prices confirmed in the travel agreement, in case of changes to the original quotation, are final.
2.3 Prices cover only the services agreed in the travel agreement.
2.4 Any quotation issued at the traveller’s request is always subject to reservation, non-binding and purely indicative. The price, itinerary and the travel services listed may be amended if necessary until final confirmation in the travel agreement.
3.1 Upon confirmation of the agreement, the traveller shall pay a deposit of 30% of the travel price, with a minimum of EUR 3,000.
3.2 The balance is due no later than 8 weeks before departure (unless otherwise agreed).
3.3 Travellers who book within 8 weeks before departure must pay the full amount immediately upon confirmation.
3.4 Specific offers or suppliers’ differing payment conditions may entail deviations from our standard payment conditions. Such deviations are clearly stated in the travel offer.
3.5 All payments are payable at the registered office of Antares Safaris BV, net and without discount.
3.6 In the event of non-payment of all or part of the price, the provisions of Book XIX of the Belgian Code of Economic Law apply, and Antares Safaris BV will send the customer a free reminder to pay the amount due within 14 calendar days. If the traveller does not pay within that period, the outstanding amount will be increased by annual interest calculated at the reference interest rate increased by eight percentage points as referred to in Article 5, second paragraph, of the Act of 2 August 2002 on combating late payment in commercial transactions, calculated from the calendar day following the day on which the free reminder was sent, as well as a fixed compensation of EUR 70 plus 5% of the amount due on the portion above EUR 500, with a maximum of EUR 2,000 if the outstanding balance exceeds EUR 500.
3.7 In the event of non-payment by the traveller, Antares Safaris BV has the right, after notice of default, to treat the agreement as terminated with immediate effect and apply Article 7 of these special travel conditions.
4.1 The traveller acknowledges the formalities to be complied with under the law and the contract as provided by Antares Safaris BV.
4.2 The traveller bears sole responsibility for obtaining the necessary visas and/or entry and residence documents for the destination country. The traveller may obtain information from the Belgian Federal Public Service Foreign Affairs. (https://diplomatie.belgium.be/nl/reisdocumenten). This provision also applies to required documents concerning pets.
4.3 Children must have at least an identity document with photo and/or the document required in the destination country. Children travelling alone or accompanied by only one parent must present a document proving that both parents give permission to travel and stating the date of arrival and departure from the country concerned, as well as the address where they will spend their holiday and their address in Belgium, and any other document required in the destination country.
4.4 Any damage resulting from non-compliance with the legal requirements of the country concerned is solely borne by the traveller.
4.5 The traveller alone is responsible for any vaccinations. For medical advice, the traveller should consult a doctor. (https://www.wanda.be/nl).
4.6 The traveller concluding the package travel contract must provide all information necessary to correctly conclude and perform the contract, including personal and administrative details of themselves and co-travellers for whom they book. If certain medical or physical information is relevant for the safe and proper performance of the trip, the traveller must disclose it spontaneously at the time of booking.
If the traveller provides incorrect, incomplete or misleading information and this leads to additional costs or damage for Antares Safaris BV, such costs may be passed on to the traveller, insofar as they are the direct consequence of such incorrect information.
If loss or damage to baggage is established during transport, the traveller must lodge written protest on the spot in accordance with applicable law and, where applicable, in accordance with the instructions of the carrier and/or its representative, failing which the traveller shall bear the legal consequences of late or invalid protest.
The traveller must in all circumstances take into account that timetables, although generally binding unless stated otherwise, may be changed both before and during the trip.
7.1 If a traveller cancels the trip, this must be notified to Antares Safaris BV on a durable medium and in clear terms. The date on which the written cancellation is received by Antares Safaris BV is the cancellation date. Cancellation takes place individually per traveller, or on their behalf.
7.2 Depending on the moment of cancellation, the following fees apply:
For cancellation of airline tickets, a 100% fee is always charged, regardless of the cancellation date.
Other services:
• More than 90 days before departure: 30% of the total travel price
• From 90 to 61 days before departure: 50% of the total travel price
• From 60 days before departure: 100% of the total travel price (same in case of no-show at departure)
7.3 The traveller is informed that—in the case of a package—the traveller has, under Article 30 of the Package Travel Act, the right to cancel before departure without owing any cancellation fee when unavoidable and extraordinary circumstances occur at the destination or in its immediate vicinity which significantly affect the performance of the package or significantly affect passenger transport to the destination. In that case, the traveller is entitled to a full refund of all amounts paid for the package, but not to compensation.
7.4 Specific travel offers or arrangements (e.g., but not limited to group travel) may contain different cancellation conditions. If so, these conditions are clearly stated in the travel agreement.
7.5 Changes in travel dates or destination requested by the traveller are considered a cancellation and are subject to the cancellation costs above.
7.6 Changes to a booked trip may be accepted if possible, but in addition to any change fees imposed by the supplier, a cost and administrative fee will be charged:
• More than 30 days before departure: minimum EUR 400 per traveller;
• Less than 30 days before departure: minimum EUR 600 per traveller.
8.1 The traveller must notify Antares Safaris BV without delay, in a provable manner, of any non-conformity experienced during performance of a package travel contract concluded by Antares Safaris BV as organiser.
8.2 On-site reporting obligation: if the traveller detects non-conformity regarding performance or non-performance of a travel service, the traveller must report this immediately and on site to the service provider so that a solution can be sought. If the on-site solution does not satisfy the traveller, the traveller must contact Antares Safaris BV as soon as possible (on a durable medium or by telephone during office hours) to achieve a satisfactory solution. All costs and consequences of late or non-compliance with this reporting obligation are borne by the traveller.
8.3 For disputes not falling within the jurisdiction of the “Travel Disputes Committee”, only the courts of the judicial district of Bruges shall have jurisdiction.
8.4 Belgian law applies exclusively to all agreements.
Antares Safaris BV is insured for insolvency protection as referred to in the Package Travel Act with:
MSIG Europe SE, Koning Albert II-laan 37, 1030 Brussels, Belgium
insolvency.claims.be@msig-europe.com — +32 2 894 70 00
There is no right of withdrawal pursuant to Article VI.53, 12° of the Belgian Code of Economic Law.
11.1 No cancellation or travel assistance insurance is included in the price, unless otherwise agreed in the travel agreement.
11.2 The traveller is strongly recommended to take out cancellation insurance and is required to take out travel assistance insurance.
11.3 In case of loss, the claim must be submitted directly to the insurance company or its representative in accordance with the insurance policy and conditions, which the traveller acknowledges having taken note of.
