GENERAL TERMS & CONDITIONS Company
number: BE0806604290, travel agency license A-5826
American Travel Center sprl
Rue de Beth 6, B-6852
number: BE0806604290, travel agency license A-5826
These terms and conditions apply to all our offers, announcements, statements, acceptances and agreements made as from 1 July 2018, as understood under the Belgian law of package travels, linked travel arrangements and travel services of 21 November 2017, to the extent that we otherwise in writing declare. In any event, they prevail over possible similar terms and conditions of the client.
Our price estimates and quotations are offered without obligation. We cannot be held responsible for faults, omissions or miscalculations in price quotations, by us, or by third parties. Price estimates and quotations are subject to change. After the conclusion of the contract, the client may have to bear additional fees, charges and other costs payable to third-parties that we could not reasonably calculate or know at the time of the conclusion of the contract, such as resort fees, tourist taxes, entrance fees, and so. Such fees and charges, where applicable, are not included in our offers, and are payable directly.
3. Corrections – according to
articles 19-28 of the law of 21 November, 2017
We reserve the right to correct the price of travel arrangements which have been confirmed and invoiced up to 20 days before departure if such corrections are the result of omissions or miscalculations by third parties, and (a) should the exchange rate fluctuation equal or exceed five (5) per cent, (b) transport costs, including the fuel costs and/or (c) levies and taxes owed for particular services. If the increase exceeds the total price of a package travel by 8%, the client can terminate the contract without compensation. The client shall have the right to a price reduction corresponding to any decrease in the costs referred to in points (a), (b) and (c) that occurs after the conclusion of the travel package contract before the start of the travel package.
Our prices are quoted in Euros (€), unless otherwise indicated.
5. Payment terms
The minimum required deposit and final payment terms will be advised at the time of invoicing. It is the responsibility of the client to ensure that payment is received on our bank account, or charged to a credit card, on or before the due date indicated on the invoice.
6. Late payment
Late payment or non-payment can result in cancellation of the confirmed arrangements with all associated costs borne by the client. In case of late payment or non-payment, the provisions of clause 9 (cancellations) will come into effect, and the relevant cancellation charges will be deducted from travel costs already paid. Extra costs borne by us due to late payment by the client (e.g. express postage, courier delivery or express banking) may be charged to the client’s account in full.
7. Last-minute bookings
Bookings requested within 7 days of departure may incur a non-refundable late handling fee of €50,00 per file.
8. Exchange rate fluctuations
The appropriate exchange rate shall be taken as the selling rate of our bank on the day the invoice is raised.
9. Cancellations & amendments
Once an offer or quotation is accepted by a client (by telephone, letter, email, fax or by any other written or electronic means, such as Facebook or Whatsapp), it is immediately considered a confirmed booking, subject to cancellation and amendment penalties.
It is the responsibility of the client to check the details of the offer or quotation for accuracy, and to advise us of any corrections before making the offer firm. Names in flight bookings must match first and last names in passports. We cannot be held responsible for errors in a booking which are not brought to our attention before the offer or quotation is made firm. Our minimum cancellation fee is twenty-five (25) per cent of the total cost of the confirmed arrangements, if the cancellation can be attributed to the client, regardless of when the cancellation is received. In addition, airlines and any other third-party suppliers involved with the booking have their own cancellation fees, and these will be charged in full to the client’s account, up to 100 per cent of the total travel costs. Where possible, such third-party cancellation conditions will be advised at the time of the booking. We shall automatically retain the full balance of travel costs, if after deduction of airline and other suppliers’ cancellation fees, the balance is less than the above-mentioned minimum cancellation fee. We reserve the right to charge an amendment fee for each change to a confirmed program or itinerary, of up to twenty-five (25) per cent of the travel costs. In addition, amendment fees from airlines and other third-party suppliers will be charged to the client’s account in full. We consider a postponement of a booked and confirmed trip to be the same as a cancellation, and our standard cancellation terms will apply.
10. Transferability of the package
travel booking(s) – according to articles 16 & 17 of the law of 21
November, 2017 with regards to packaged travels
Before the commencement of the journey, the client can transfer his/her package travel to a third party, who shall have to comply with all the terms and conditions of the package travel contract. The transferor must give us a notification of this transfer latest 7 days before departure. The transferring client and the transferee are fully liable for payment of the total price of the journey and transfer costs. The client expressly agrees that the cost of the transfer may be equal to the price of the purchase of a new travel service (such as in the case of non-changeable and non-reimbursable flight tickets).
11. Resolving complaints
A client who is dissatisfied with a service we have booked must make every reasonable effort to give us, or our nominated representative, the opportunity to resolve the problem while they are still in their destination. We reserve the right to refuse to consider a complaint if the details of the problem are only brought to our attention more than one month after termination of their holiday. If any of the package travel services are not performed in accordance with the package travel contract, we shall remedy the lack of conformity, unless that (a) is impossible; or (b) entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected. Unless the lack of conformity is attributable to the client, we shall provide an appropriate price reduction for the period during which there was a lack of conformity. No compensation shall be due for any damage as a result of a lack of conformity when this lack of conformity is attributable to the client, or a third party unconnected with the provision of the travel services included in the package travel contract and is unforeseeable or unavoidable; or due to unavoidable and extraordinary circumstances
12. Cancellation insurance
Protection against the financial consequences of enforced cancellation is available through cancellation insurance. We do not automatically close-off a cancellation policy with each confirmed booking. It is the client’s responsibility to request a policy to be closed-off, and such a request must be made within 6 days of making the booking firm. Any claim made against a cancellation policy must be referred directly to the insurer, and their terms and conditions will apply to the processing of the claim. We exert no control over, nor accept any responsibility for, the amount, if any, settled on the claim by the insurer.
13. Insolvency protection –
according to articles 54, 55, 65 & 72 of the law of 21 November, 2017
ATC sprl is insured to continue to meet its obligations to the client in the event of financial insolvency through GFG, Metrologielaan 8, 1130 Brussels, Belgium, tel. +32 (0)2 240 6800, policy number: 0903121900/99323
14. Visum, vaccinations and
It is the responsibility of the client to ensure they hold valid passports, visum, vaccination certificates and other documentation for the purposes of their travel. Before the conclusion of the contract, ATC will inform the client in writing which passports, visa, vaccination certificates and other documentation are necessary for the purposes of their travel.
15. Release of documentation
We reserve the right to withhold release of tickets, vouchers and any other travel documentation until such time that travel costs, cancellation and amendment costs, or any other costs have been paid in full.
16. Force majeure – according to
article 31 of the law of 21 November, 2017
In the event of force majeure on our side, the client shall be offered the choice between another holiday which is of equal or better quality, without the obligation to pay a supplement, or the reimbursement of all the sums which he has paid in execution of the agreement. Except for package travels, all and any prepaid services and bookings will be charged to the client to the extent that they are not refundable by the third-party supplier. Force majeure is understood to include, amongst others: war; danger of war; strife and riot; hindering regulations of internal and external governments; fire; strikes; personnel shortage; traffic jams; shortage of transport; flood; lock-outs; sabotage and in general all unforeseen circumstances; both within and outside of Belgium, the result of which observance by us of the agreement cannot reasonably be expected.
Disputes arising may be only referred to the courts of the domicile of the client.