General Terms and Conditions of Sale

in accordance with Belgian law and the Association of Belgian Travel Agents (UPAV)


 

General

Article 1

The present general terms and conditions are intended to regulate the contractual relationship between the client and Marie-Elisabeth Offierski, doing business as "ToursbyMarie" registered with the Crossroads Bank for Enterprises under number BE 0826 719 518,

hereinafter referred to as "ToursbyMarie".

 

Article 2

§1. The present general conditions are applicable to the services listed below, carried out by ToursbyMarie and for which the client has given his agreement, in accordance with article 6.

The services include but are not limited to the organization of garden trips such as :

 

. arranging appointments for garden visits

.hiring local guides when applicable

. finding and reserving suitable accommodation

. arranging meal reservations

. booking on-site transportation such as buses, taxis and boats.

hereinafter referred to under the general term "the services" or "the trip".

The services do not include: the departure and return flights related to the service.

 

§2. The present general conditions are also applicable to any service not mentioned above and carried out by ToursbyMarie within the framework of its activity.

 

§3. the term "client" refers to the private individual or the professional (or organization) calling upon the services of ToursbyMarie and having validated the offer, in accordance with the present general conditions.

Application of the general conditions

Article 3

§1. These general terms and conditions shall prevail over all other general or special terms and conditions. They can be modified at any time by ToursbyMarie.

 

The latter undertakes to inform the client as soon as possible. The new version of the general conditions will only be applicable to contracts concluded after the effective date of the new version of the general Terms and Conditions.

 

Derogations to the present general conditions remain possible, by means of special or contractual conditions. In the event of any contradiction between these general terms and conditions and the special or contractual terms and conditions, the latter shall prevail.

 

 

§2.  By signing the offer as mentioned in article 6, the client is bound by these general terms and conditions.  Signature of the offer equals approval of these terms and conditions.

 

In case of validation of the offer by electronic means, the client is bound by these general conditions as soon as the agreement is transmitted to ToursbyMarie by electronic means or confirmed by ToursbyMarie in writing, in any form whatsoever.

 

Obligation of means

Article 4

The services are qualified as an obligation of means unless otherwise expressly agreed between ToursbyMarie and the client. ToursbyMarie commits itself to do everything possible in order to carry out the services requested by the client. However, ToursbyMarie is not obliged to implement means of a disproportionate nature with regard to the objective to be reached.

Electronic documents

Article 5

In the event that the offer, or any other communication between the parties, is the subject of an electronic exchange (e.g. by e-mail) between the client and ToursbyMarie and that, as a result, the sale is concluded outside the client's place of business, the client expressly accepts that the electronic exchange constitutes the contractual relationship and can serve as proof of the existence of this relationship.

Offer - Prices and contractual documents

Article 6

§1. the offer is free of charge and includes, among other things, prices, details of the services and the conditions of payment for the services. It is given to the client by ToursbyMarie and has a validity of 30 calendar days from its date of issue.

 

 

§2. The offer is established by ToursbyMarie with great care and attention to detail on the basis of:

-           the needs and requests formulated by the client ;

-           and/or the transmission by the client of the information necessary for the establishment of the offer;

-           and/or the meeting between the parties.

 

§3. The client's agreement as to the content of the offer is given by affixing his signature and the date of signature on the offer.  The offer may be returned signed in writing or by e-mail, provided that the client's agreement is stated visibly, identifiably and unequivocally.

 

§4. Prices are determined as follows:

-           for a professional client or an organization, the price will be a flat fee;

-           for a group of individuals, the price will be per participant.

 

§5. Prices can be set either in euros or in dollars.

 

§6. Discounts or rebates may be granted to the client. These discounts and rebates do not constitute any right on the part of the client. They are determined individually by ToursbyMarie on the basis of the type of services and the importance of these, as well as the existing or pre-existing relationship between ToursbyMarie and the client.

They are moreover, strictly related to the contract concerned and cannot, in any case, be the subject of a generality.

In no case does the client acquire a right to a discount or rebate, even if ToursbyMarie has previously granted the client a discount or rebate.

 

§7. ToursbyMarie does its utmost to guarantee the price indicated in the offer signed and validated by the client. However, ToursbyMarie reserves the right to make adjustments in the following circumstances:

-           Exchange rate: if the value of the dollar undergoes a fall of more than 10% against the euro in the 6 months preceding the departure of the trip ; or, in the case where the currency of the destination country is neither dollar no Euro, if the value of the Euro versus the currency of the destination country fluctuates significantly in the six months preceding departure.

-           Group size: the offer specifies the number of travellers. 

Should the final number differ, ie if there are fewer travellers or more travellers than initially priced for, the price may need to be adjusted upwards.

 

Article 7

§1. In the event of a request for additional services not included in the offer, the applicable general terms and conditions will be identical to those provided for the services initially requested and for which the client has given his agreement. Any request not provided for in the initial offer shall be subject to a supplementary offer and require the client's express agreement in accordance with article 6 §3 above.

 

§2. Any request for modification formulated by the client, after submission of the offer, will have to obtain the express agreement of ToursbyMarie. After agreement of ToursbyMarie, the modification formulated by the client will lead to a modification of the offer and, if necessary, of the cost of the services.

 

Cancellation

Article 8

§1. In case of cancellation, for any reason whatsoever, of all or part of the services by the client more than 60 days before the beginning of the trip, ToursbyMarie will refund the sums already paid, less the vendors non refundable deposits and an administrative fee of 350 dollars per person already incurred by ToursbyMarie.

In the case of a professional client, flat fees already paid are not refundable.

 

§2. In case of cancellation, for whatever reason, of all or part of the services by the client less than 60 days before departure, ToursbyMarie reserves the right to ask for the payment of the totality of the amount of the offer validated and signed by the client. ToursbyMarie sends an invoice to the client corresponding to the amount of the validated offer, less the amounts already paid.

In the case of a professional client, flat fees already paid are not refundable.

 

§3. In the event of cancellation by ToursbyMarie for a reason attributable to it, ToursbyMarie will also refund the amounts already paid by the client(s) less expenses already incurred by ToursbyMarie..

 

§4. Any cancellation, for whatever reason, must be made by email with acknowledgement of receipt. The cancellation will take effect 3 days after the date of sending email (date of with acknowledgement of receipt the taken as proof). 

 

Payment

Article 9

§1. The client is obliged to pay for the services on the basis of the following terms and conditions:

-           for professionals or organizations :

o    payment of a first deposit of 30% of the amount of the offer plus applicable VAT, on the date of receipt of the deposit invoice sent by ToursbyMarie to the client after the signature of the offer for agreement ;

o    Payment of a second down payment of 30% of the amount of the offer plus applicable VAT, on the date of receipt of the second down payment invoice sent by ToursbyMarie to the client, on the date predefined in the offer and no later than 90 days before the start of the services;

o    payment of the balance (VAT included) on the date of receipt of the final invoice sent by ToursbyMarie to the client at the end of the services.

-           for individuals :

o    payment, per participant, of a first down payment of 20% of the amount of the offer excluding VAT, on the date of receipt of the down payment invoice sent by ToursbyMarie to the client after the signature of the offer for agreement;

o    payment of the balance including VAT on the date of receipt of the final invoice sent by ToursbyMarie to the client, on the date predefined in the offer and at the latest 60 days before the start of the service.

 

§2. Invoices are sent by ToursbyMarie by mail or e-mail to the client. In the case of sending by e-mail, this is sent to the e-mail address communicated by the client when signing the offer. In no case, ToursbyMarie is responsible if the e-mail address communicated by the client is erroneous.

Moreover, in the event of modification of the e-mail address or the postal address of contact, the client must inform ToursbyMarie immediately. No additional payment period will be granted to the client who has failed to transmit the change of e-mail address for sending invoices.

 

§3. Each invoice for services is considered to be received the day after it is sent by post (date of the post office as proof) or the day after it is sent by e-mail.

 

Invoices are payable upon receipt by the client.

 

§4. Payments can be made by the client by the following means:

-           bank transfer to the account of ToursbyMarie mentioned on the offer and the invoice;

Bank charges are borne by the client.

-           PayPal, whereby applicable fees will be charged ;

 

 

§5. In any event, any amount unpaid within 15 days of its due date, even partially, shall automatically bear interest at 12% per annum. In the event of non-payment of the invoice amount within 30 days of its due date, the amount due on the invoice will be increased by 10% with a minimum of $200, as a conventional, lump-sum and irreducible penalty clause, without the need for a formal notice sent by registered mail.

 

Delivery times and methods of delivery

Article 10

§1. In the event that the offer stipulates a down payment, the contract will be considered as concluded, the reservations necessary for the service carried out, and the schedule for carrying out the services established, only after receipt, by ToursbyMarie, of the aforementioned down payment and the offer signed by the client. In case of delay in the payment of the down payment, ToursbyMarie will no longer be able to guarantee the execution time communicated to the client at the time of the transmission of the offer.

 

§2. In any case, ToursbyMarie indicates, at the request of the client, a deadline for the realization of the desired services. This deadline is only an indication, and can be extended for reasons beyond the control of ToursbyMarie (e.g. illness, accident, event of force majeure, technical problems, etc.), and does not commit ToursbyMarie in any way. ToursbyMarie commits to do everything in its power to guarantee the respect of said deadline.

In case of delay ToursbyMarie is in no way liable to the client for any payment to compensate for the delay.

 

§3. Any delay attributable to the client will lead to an extension of the deadlines for completion, or to the cancellation of the services. In this case, ToursbyMarie will send an invoice to the Client for an amount corresponding to the amount of the costs minus the amounts already paid, by registered mail to the Post Office with acknowledgement of receipt.

 

Client's obligations

Article 11

§1. The services are carried out by ToursbyMarie on the basis of the data and information transmitted and formulated by the client. When information is expressly requested by ToursbyMarie from the client in order to carry out the services, ToursbyMarie can carry out its services only on the basis of the information received. The information must consequently be transmitted by the requested deadline. If the information is not transmitted within the required timeframe, ToursbyMarie will not be able to guarantee the proposed schedule for the realization of the services.

 

§2. The client, prior to the trip, will have carried out the necessary vaccinations corresponding to the country of destination of the trip, and according to the explicit indications specific to each vaccine. The client will take with him/her the medicines or other pharmaceutical products necessary for any trip.

 

§3. The client undertakes to take out the necessary trip insurance prior to the start date of the trip, in order to cover treatment costs for any  any health emergency during the trip as well as  potential cancellation costs. ToursbyMarie suggests these links towards sites of research of insurers specialized in travel:

-           Squaremouth (https://www.squaremouth.com/travel-insurance-quotes)

-           Insure My Trip (http://www.insuremytrip.com)

 

Limitation of liability

Article 12

§1. ToursbyMarie is only responsible for the respect of its legal and contractual obligations. ToursbyMarie is responsible for damages resulting from the services only to the extent that these damages are related to its intervention or to the services it provides. ToursbyMarie cannot be held responsible for any damage incurred by the client and in particular, but without being exhaustive, is not responsible for indirect damage, damage caused to third parties, result not counted, or result expected but not reached. ToursbyMarie is in no way responsible for damages resulting from the intervention of a third party in the services or from a misuse by the client or a third party.

 

§2. In the event that the client or a third party calls into question the responsibility of ToursbyMarie, this responsibility is, in all cases, limited to the amount paid by the client for the services din question. In no case can the amount of the damage take into account an expected and unrealized profit or a potentially avoided loss on the part of the client.

 

§3. In no case is ToursbyMarie responsible for a cancellation or a postponement of the service for reasons beyond its control.  This includes cases of force majeure, such as situations of total or partial strike by third parties to the service, weather conditions, natural disaster, (risk of) attacks, major epidemics subject to measures taken by public authorities. In the event of the occurrence of an event of this type, the client and ToursbyMarie commit to agree to postponing the service inasmuch as this is possible.

 

§4. In no case is ToursbyMarie responsible for a health and/or medical problem during the trip, the client having previously taken out his own insurance before the trip.

 

§5. ToursbyMarie is in no case responsible in case of injury, delay, inconvenience, irregularities, loss or damage to the client or his personal property.

 

§6. ToursbyMarie reserves the right to refuse the service on behalf of the client or to terminate it, if necessary, in advance, for personal or client-related reasons (e.g. lack of involvement, lack of consistency, recurrent indecision, failure to pay a previous invoice, failure to comply with the equipment, failure to comply with the general safety rules and/or those provided for in these general conditions, or any other reason of any nature whatsoever).

 

Confidentiality and protection of personal data

Article 13

§1. The personal and/or confidential data relating both to the client and to ToursbyMarie as well as to third parties intervening within the framework of the contractual relationship, collected in any manner whatsoever and, essentially by exchanges of e-mails, mentions on the offer, oral exchanges, as well as all future information, are intended only for the execution of the contract and for communications between the parties. They will not be the subject of any communication or transfer to third parties, other than technical service providers if necessary.

Both ToursbyMarie and the client are held to respect the confidentiality of information and to use it only as far as it is necessary to the realization of the service.

 

§2. In the event of failure to respect this principle of confidentiality, both ToursbyMarie and the client may claim compensation from the party in question for the damage suffered.

 

Article 14

§1. Any personal data concerning the client, as defined by the European Data Protection Regulation 2016/679 and the law of 30 July 2018 on the protection of individuals with regard to personal data, shall be processed in compliance with these regulations. The data are kept only for specific actions of ToursbyMarie and are not, in any case, transmitted to third parties neither for direct marketing purposes nor for any other purpose without the express agreement of the client.

 

§2. The data kept by ToursbyMarie consists of the following: name, first name, address, e-mail address, telephone number, dates and place of services, VAT number.

The client can

-           oppose, on simple request and free of charge, the processing of personal data;

-           access, free of charge, the data concerning him/her kept by ToursbyMarie and obtain rectification of any data that is incomplete, inaccurate or irrelevant;

-           object, for serious and legitimate reasons, to the processing of the data stored;

-           trequest the deletion of data concerning him/her from ToursbyMarie insofar as their conservation is not imposed on ToursbyMarie by legal obligations;

-           request the portability of the data held by ToursbyMarie to a third party;

-           withdraw, at any time, his consent to the processing of data based solely on consent.

Any request concerning the above should be addressed in writing to ToursbyMarie, either by mail or by e-mail to marie@toursbymarie.com.

In addition, the complete privacy policy is available on www.toursbymarie.com and  via the following link: https://app.termly.io/document/privacy-policy/eda42a13-b2f1-4416-96af-477f13c90e6a or on simple written request to ToursbyMarie at the above-mentioned e-mail address.

 

§3. ToursbyMarie may disclose personal information to third parties upon request from any legally authorized authority If  required, in good faith, to comply with laws and regulations, to protect or defend its rights or property, or if it believes that the client is a danger to himself or to a third party.

References

Article 15

§1. ToursbyMarie may, at any time, use the services provided by a client for reference purposes and this anonymously.

 

§2. ToursbyMarie undertakes to obtain the consent of the client for references with explicit mention of the client's data and this, in accordance with Articles 13 and 14 of these general conditions, such as for example:

-           mentioning his name and logo for promotional or commercial purposes,

-           disseminate on its website, on social networks, as well as on any other physical or virtual document, the business relationship existing with the client for purposes, in particular, of canvassing, presentation or reference.

 

Claim

Article 16

§1. any complaint by the client must be made immediately verbally, confirmed in writing (registered letter to the post office) within 3 days, postmarked no later than the date of receipt of the services.

ToursbyMarie undertakes to do its utmost to find an amicable solution suitable for all parties.

 

§2. Insofar as a complaint is made by the client within the time limits provided for in §1 above, and insofar as ToursbyMarie accepts it, the amount of the complaint will be limited to the value of the services concerned, less the actual costs incurred by ToursbyMarie.

Dispute resolution and competent courts

Article 17

In the event of a dispute, mediation between ToursbyMarie and the client is preferred. To this end, the parties undertake to take part in at least one mediation meeting organised by a mediator approved by the Federal Mediation Commission. If however, no agreement seems possible, the competent courts are those of the judicial district of the head office of ToursbyMarie.

 

Nullity

Article 18

The possible nullity of a provision of these general terms and conditions does not affect the nullity of the whole. If a provision is rendered null and void, the parties undertake to conclude a clause with similar effect and to insert it in these general terms and conditions in place of the clause that has become null and void.

 

Applicable Law

Article 19

All provisions not specified in these general terms and conditions are governed by Belgian law in force at the time of the conclusion of the contract.