Origin Expeditions - Wild Adventures & Tribal Exploration

Article 1: Scope of Application

These general terms and conditions apply to package travel agreements booked from July 1, 2018, and are governed by the Law on the Sale of Package Travel, Linked Travel Arrangements, and Travel Services of November 21, 2017.

Article 2: Information from the Organizer and Retailer Before Conclusion of the Package Travel Agreement

The organizer and also the retailer shall provide the traveler, before they are bound by a package travel agreement, with the legally prescribed standard information, as well as, if applicable to the package travel:

1°The main characteristics of the travel services:
- a) The travel destination(s), the route, and the periods of stay, including dates and the number of nights.
- b) The means of transport, their characteristics and categories, the places and dates and times of departure and return, the duration and location of stopovers and connections; if the exact time is not yet fixed, it will be communicated approximately.
- c) The location, main features, and category of the accommodation according to the rules of the destination country.
- d) The provided meals.
- e) The visits, excursions, or other services included in the total price agreed for the package travel.
- f) If not clear, clarification on whether the travel services are provided to the traveler as part of a group.
- g) The language in which other tourist services are conducted, if applicable.
- 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 traveler.
3°The payment terms.
4°The minimum number of persons required for the package travel and the deadline for any termination of the agreement if this number is not reached.
5°General information about passport and visa requirements in the destination country, including an approximate time frame for obtaining a visa and information about health formalities.
6°A statement that the traveler may terminate the agreement upon payment of a termination fee.
7°Information about cancellation and/or assistance insurance.

The professional ensures that the correct standard information form is provided to the traveler.

The pre-contractual information provided to the traveler forms an integral part of the package travel agreement. It cannot be altered unless mutually agreed by the parties.

Article 3: Information Provided by the Traveler

3.1The person entering into the package travel agreement must provide the organizer and the retailer with all relevant information about themselves and their fellow travelers that may be important for concluding or performing the agreement.
3.2If the traveler provides incorrect information that leads to additional costs for the organizer and/or retailer, those costs may be charged.

Article 4: The Package Travel Agreement

4.1 At the conclusion of the package travel agreement, or within a reasonable time thereafter, the organizer, or if applicable, the retailer, shall provide the traveler with a confirmation of the agreement on a durable medium, such as an email, a paper document, or a PDF. If the package travel agreement is concluded in the simultaneous physical presence of the parties, the traveler has the right to request a paper copy.
4.2The package travel agreement or its confirmation includes the full content of the agreement, including all information mentioned in Article 2 and the following:
- 1°The special requests of the traveler that the organizer has accepted.
- 2°That the organizer is responsible for the proper execution 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, phone number, and email address of the local representative of the organizer or another service for use in case the traveler is in difficulty or wishes to complain about possible non-compliance.
- 5°The traveler's obligation to report non-conformity during the trip.
- 6°Information on how to directly contact an unaccompanied minor or the person responsible for them at their place of residence.
- 7°Information on the internal complaint handling process.
- 8°Information about the Travel Disputes Committee and the E.U. platform for online dispute resolution.
- 9°Information about the traveler's right to transfer their agreement.
4.3In a timely manner before the start of the package travel, the organizer provides the traveler with:
- 1°The necessary receipts.
- 2°The vouchers and travel tickets.
- 3°Information on the scheduled departure times and, if applicable, the latest time to check in, the planned times of stopovers, connections, and arrival.

Article 5: The Price

5.1After concluding the package travel agreement, prices can only be increased if explicitly stated in the agreement. In such cases, the package travel agreement specifies how the price adjustment is calculated. Price increases are allowed only as a direct result of changes in:
- 1°The cost of passenger transport due to increased fuel or other energy costs.
- 2°Taxes or fees imposed on the included travel services by third parties not directly involved in the package travel, including tourist taxes and departure or arrival taxes at ports and airports.
- 3°Exchange rates relevant to the package travel.
If a price increase is provided, the traveler is entitled to a price reduction if the above-mentioned costs decrease.
5.2If the price increase exceeds 8% of the total price, the traveler may terminate the agreement without a termination fee.
5.3A price increase is only possible if the organizer notifies the traveler no later than twenty days before the start of the package travel via a durable medium, such as an email, a paper document, or a PDF, including a justification and calculation for the price increase.
5.4In the event of a price reduction, the organizer has the right to deduct administrative costs from the refund owed to the traveler. Upon request, the organizer will substantiate those costs.

Article 7: Transferability of the Package Travel Agreement

7.1The traveler may transfer the package travel agreement to a person who meets all the conditions applicable to the agreement, provided that they:
- 1°Inform the organizer and, if applicable, the retailer as soon as possible, and no later than 7 days before the start of the package travel, via a durable medium such as email, a paper document, or a PDF.
- 2°Bear any additional costs resulting from the transfer.
7.2The person transferring the package travel and the person taking over the agreement are jointly and severally liable for the payment of the remaining amount due and any additional fees resulting from the transfer. The organizer informs the person transferring the agreement of the costs of the transfer.

Article 8: Other Changes by the Traveler

If the traveler requests any other changes, the organizer and/or retailer, if they can accommodate the request, may charge all costs incurred as a result.

Article 9: Changes by the Organizer Before Departure

9.1The organizer may not unilaterally change the terms of the package travel agreement, except for price adjustments before the start of the package travel, unless:
- 1°The organizer has reserved this right in the agreement, and
- 2°It is a minor change, and
- 3°The organizer informs the traveler of the change via a durable medium, such as email, a paper document, or a PDF.
9.2If, before the start of the trip, the organizer is compelled to make significant changes to any of the main features of the travel services, or cannot meet the specific confirmed requests of the traveler, or proposes to increase the price of the package travel by more than 8%, the organizer must inform the traveler and provide:
- 1°The proposed changes and their impact on the price of the package travel.
- 2°The option to terminate the agreement without costs unless the traveler accepts the proposed changes.
- 3°The deadline by which the traveler must notify the organizer of their decision.
- 4°Notice that if the traveler does not explicitly accept the proposed changes within the specified time, the agreement will automatically be terminated.
- 5°Where applicable, details of the proposed substitute package travel and its price.
9.3If changes to the package travel agreement or the substitute package travel result in reduced quality or costs, the traveler is entitled to an appropriate price reduction.
9.4If the package travel agreement is terminated under Article 9.2 and the traveler does not accept a substitute package travel, the organizer will refund all amounts paid by the traveler no later than fourteen days after the agreement is terminated.

Article 10: Termination by the Organizer Before Departure

10.1The organizer may terminate the package travel agreement:
- 1°If the number of participants enrolled for the package travel is fewer than the minimum specified in the agreement, and the organizer notifies the traveler of the termination within the timeframe specified in the agreement, but no later than:
- 2°If the organizer cannot fulfill the agreement due to unavoidable and extraordinary circumstances and informs the traveler of the termination before the start of the package travel.
10.2In these cases, the organizer refunds all amounts received for the package travel to the traveler without being liable for additional compensation.

Article 11: Termination by the Traveler

11.1The traveler may terminate the package travel agreement at any time before the start of the package travel. In case of termination, the traveler may be required to pay a termination fee to the organizer. Standardized termination fees may be specified in the package travel agreement based on the timing of the termination before the start of the package travel and the expected cost savings and revenue from alternative use of the travel services. If no standardized termination fees are specified, the termination fee corresponds to the price of the package travel minus cost savings and revenue from alternative use of the travel services.
11.2However, if unavoidable and extraordinary circumstances occur at the destination that significantly affect the execution of the package travel or the transport of travelers to the destination, the traveler has the right to terminate the package travel agreement without paying a termination fee. In this case, the traveler is entitled to a full refund of all amounts paid for the package travel but cannot claim additional compensation.
11.3The organizer refunds all amounts paid by or on behalf of the traveler, minus the termination fee, no later than fourteen days after the agreement is terminated.

Article 12: Non-Conformity During the Trip

12.1The traveler must notify the organizer without delay of any non-conformity they identify during the execution of a travel service included in the package travel agreement.
12.2If one of the travel services is not performed in accordance with the package travel agreement, the organizer must remedy the non-conformity unless:
- 1°It is impossible to do so, or
- 2°It involves disproportionate costs, taking into account the degree of non-conformity and the value of the affected travel services.
If the organizer does not remedy the non-conformity, the traveler is entitled to a price reduction or compensation in accordance with Article 15.
12.3If the organizer does not remedy the non-conformity within a reasonable period set by the traveler, the traveler may address the issue themselves and request reimbursement of necessary expenses. The traveler is not required to set a period if the organizer refuses to address the non-conformity, or if immediate resolution is required.
12.4If a significant portion of the travel services cannot be performed, the organizer must offer alternative arrangements of equivalent or higher quality at no additional cost to the traveler. If the alternative arrangements result in a package travel of lower quality, the organizer grants the traveler an appropriate price reduction. The traveler may reject the alternative arrangements only if they are not comparable to what was agreed in the package travel agreement, or if the granted price reduction is insufficient.
12.5If the non-conformity has significant consequences for the execution of the package travel and the organizer does not remedy it within a reasonable period set by the traveler, the traveler may terminate the package travel agreement without paying a termination fee and, if applicable, request a price reduction and/or compensation. If the package travel includes passenger transport, the organizer also arranges for the traveler's repatriation. If no alternative arrangements can be offered or if the traveler rejects the proposed arrangements, the traveler is entitled to a price reduction and/or compensation, even without terminating the package travel agreement.
12.6If, due to unavoidable and extraordinary circumstances, the traveler cannot be returned as agreed in the package travel agreement, the organizer bears the costs of necessary accommodation for up to three nights per traveler.
12.7The cost limitation in 12.6 does not apply to persons with reduced mobility, their accompanying persons, pregnant women, unaccompanied minors, and individuals requiring specific medical assistance, provided that the organizer was informed of their special needs at least 48 hours before the start of the package travel.
12.8The organizer cannot invoke unavoidable and extraordinary circumstances to limit liability if the relevant carrier cannot invoke such circumstances under applicable EU law.
12.9The traveler may address messages, requests, or complaints related to the execution of the package travel directly to the retailer from whom they purchased the package travel. The retailer forwards these messages, requests, or complaints to the organizer without delay.

Article 13: Liability of the Traveler

The traveler is liable for any damage caused to the organizer, retailer, their agents, or representatives due to their fault or failure to fulfill their contractual obligations.

Article 14: Liability of the Organizer and the Professional

14.1The organizer is responsible for the performance of the travel services included in the package travel agreement, regardless of whether these services are provided by the organizer or by other travel service providers.
14.2If the organizer is established outside the European Economic Area, the obligations for organizers apply to the retailer established in a member state, unless the retailer proves that the organizer meets the requirements prescribed by the Act of November 21, 2017.

Article 15: Price Reduction and Compensation

15.1The traveler is entitled to an appropriate price reduction for any period during which there was non-conformity of the provided services, unless the organizer proves that the non-conformity is attributable to the traveler.
15.2The traveler is entitled to appropriate compensation from the organizer for any damage incurred due to non-conformity. The compensation is paid without delay.
15.3The traveler is not entitled to compensation if the organizer proves that the non-conformity is attributable to:
- 1°The traveler;
- 2°A third party not involved in the execution of the travel services included in the package travel agreement, and the non-conformity could not have been foreseen or avoided, or
- 3°Unavoidable and extraordinary circumstances.

Article 16: Obligation to Provide Assistance

16.1The organizer provides appropriate assistance without delay to the traveler in difficulty, in particular by:
- 1°Providing useful information about medical services, local authorities, and consular assistance.
- 2°Helping the traveler with remote communication and finding alternative travel arrangements.
16.2If the difficulties are due to the traveler's intent or negligence, the organizer may charge a fee for this assistance. The fee shall not exceed the actual costs incurred by the organizer.

Article 17: Complaint Procedure

17.1If the traveler has a complaint before departure, they must notify the organizer or retailer as soon as possible in a verifiable manner.
17.2Complaints during the execution of the package travel agreement must be reported by the traveler as soon as possible, locally, in an appropriate and verifiable manner, to the organizer or retailer, so that a solution can be sought.
17.3If a complaint was not satisfactorily resolved on-site or if the traveler was unable to file a complaint on-site, they must file a complaint with the organizer or retailer without delay after the end of the travel agreement in a verifiable manner.

Article 18: Conciliation Procedure

18.1In the event of a dispute, the parties must first seek an amicable settlement.
18.2If this attempt at an amicable settlement fails, any of the parties involved may request the non-profit Travel Disputes Committee to initiate a conciliation procedure. All parties must agree to this.
18.3The secretariat will provide the parties with conciliation regulations and a 'conciliation agreement.'
18.4Following the procedure described in the regulations, an impartial conciliator will contact the parties to pursue an equitable conciliation between them.
18.5Any agreement reached will be formalized in a binding written agreement.

Article 19: Arbitration or Court

19.1If no conciliation procedure is initiated or if it fails, the claimant may choose to initiate arbitration through the Travel Disputes Committee or bring the matter before a court.
19.2The traveler can never be compelled to accept the jurisdiction of the Travel Disputes Committee, either as a claimant or as a defendant.
19.3The organizer or retailer acting as the defendant may refuse arbitration only if the claimant's demanded amount exceeds 2,500 euros. They have 10 calendar days to respond after receiving a registered letter or email with acknowledgment of receipt, stating that a case involving a claim starting from 2,501 euros has been opened with the Travel Disputes Committee.
19.4This arbitration procedure is governed by a dispute regulation and can only be initiated after filing a complaint directly with the company and once it is established that the dispute could not be resolved amicably, or after 4 months have elapsed since the (intended) end of the trip (or possibly from the service that gave rise to the dispute). Disputes regarding bodily injuries can only be resolved by the courts.
19.5The arbitration panel, composed of an equal number of representatives, issues a binding and final decision on the travel dispute in accordance with the dispute regulation. No appeal is possible.

Secretariat of the Travel Disputes Committee

Phone: 02 277 62 15 or 02 277 61 80 (9 a.m. to 12 p.m.)
Fax: 02 277 91 00
City Atrium, Vooruitgangstraat 50, 1210 Brussels
Email: reisgeschillen@clv-gr.be

General Travel Terms and Conditions of the Travel Disputes Committee for Package Travel Agreements of Origin Expedition