GENERAL TERMS & CONDITIONS & SPECIAL PROVISIONS: Fuse Pilates Studio BV
We adhere to the general travel conditions of the Travel Disputes Committee for package travel agreements.
Article 1: Scope
These general terms and conditions apply to package travel agreements booked from 1 July 2018 and are governed by the Law on the sale of package travel, linked travel arrangements and travel services of 21 November 2017.
Article 2: Information from the organizer and retailer before concluding the package travel agreement
Paragraph 2.1
The organizer and also the retailer shall provide the traveler, before the traveler is bound by a package travel agreement, with the legally required standard information, as well as, insofar as applicable to the package travel:
1. the main characteristics of the travel services:
a. the travel destination(s), itinerary and periods of stay, with dates and 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 place of intermediate stops and connections; if the exact time is not yet determined, this will be indicated approximately
c. the location, main characteristics and category of the accommodation according to the rules of the destination country
d. the meals provided
e. the visits, excursions or other services included in the total price agreed for the package travel
f. where not apparent, clarification whether the travel services are provided to the traveler as part of a group
g. the language in which other tourist services will be carried out where 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 arrangements
4. the minimum number of persons required for the execution of the package travel and the deadline for possible termination of the agreement 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. a statement that the traveler may terminate the contract upon payment of a termination fee
7. information on cancellation and/or assistance insurance
Paragraph 2.2
The professional shall ensure that the correct standard information form is provided to the traveler.
Paragraph 2.3
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
Paragraph 3.1
The person concluding the package travel agreement must provide the organizer and retailer with all useful information about themselves and their fellow travelers that may be relevant to the conclusion or execution of the agreement.
Paragraph 3.2
If the traveler provides incorrect information and this leads to additional costs for the organizer and/or retailer, these costs may be charged.
Article 4: The package travel agreement
Paragraph 4.1
Upon concluding 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 email, paper document or PDF. If the agreement is concluded in the simultaneous physical presence of the parties, the traveler has the right to request a paper copy.
Paragraph 4.2
The agreement or its confirmation shall contain the full content of the agreement, including all information referred to in Article 2 and the following:
1. special wishes of the traveler accepted by the organizer
2. that the organizer is responsible for proper execution of the package and has a duty of assistance
3. name and contact details of the insolvency protection entity
4. contact details of the local representative or service
5. obligation of the traveler to report non-conformity
6. contact details for minors where applicable
7. complaint handling procedures
8. information about the Travel Disputes Committee and EU online dispute platform
9. information about the right of transfer
Paragraph 4.3
In good time before departure, the organizer provides:
1. receipts
2. vouchers and transport tickets
3. departure and arrival information
Paragraph 5.1
After the conclusion of the package travel agreement, prices may only be increased if the agreement explicitly provides for this. In such case, the package travel agreement shall indicate how the price revision is to be calculated.
Price increases shall only be permitted as a direct result 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 on the travel services included in the agreement, imposed by third parties not directly involved in the performance of the package travel, including tourist taxes and departure or arrival taxes at ports and airports, or
3. the exchange rates relevant to the package travel
If a price increase is provided for, the traveler shall be entitled to a price reduction in the event of a decrease in the above-mentioned costs.
Paragraph 5.2
If the increase exceeds 8% of the total price, the traveler may terminate the agreement without paying a termination fee.
Paragraph 5.3
A price increase is only possible if the organizer informs the traveler no later than twenty days before the start of the package travel via a durable medium, such as email, a paper document, or a PDF, including a justification for the increase and a calculation.
Paragraph 5.4
In the event of a price reduction, the organizer has the right to deduct administrative costs from the refund owed to the traveler. If the traveler requests this, the organizer shall substantiate those costs.
Article 6: Payment of the travel price
Paragraph 6.1
Unless otherwise agreed, the traveler shall, upon concluding the package travel agreement, pay a deposit representing part of the total travel price, as specified in the special conditions.
Paragraph 6.2
Unless otherwise agreed in the package travel agreement, the traveler shall pay the balance of the price no later than 1 month before the departure date.
Paragraph 6.3
If the traveler, after having been formally notified of default, fails to pay the deposit or the travel price required of him/her, the organizer and/or retailer shall have the right to terminate the agreement with the traveler by operation of law, with the costs borne by the traveler.
Article 7: Transfer of the agreement
Paragraph 7.1
The traveler may transfer the package travel agreement to a person who meets all the conditions applicable to that agreement, provided that he/she:
1. informs the organizer and, where 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, and
2. bears any additional costs arising from the transfer
Paragraph 7.2
The person transferring the package travel and the person taking over the agreement shall be jointly and severally liable for the payment of the outstanding balance and for any additional fees arising from the transfer.
The organizer shall inform the person transferring the agreement of the costs of the transfer.
Article 8: Other modifications by the traveler
If the traveler requests any other modification, the organizer and/or the retailer who agrees to such modification may charge all costs resulting from it.
Article 9: Modifications by the organizer before departure
Paragraph 9.1
The organizer may not unilaterally change the terms of the package travel agreement, with the exception of price changes, before the start of the package travel, unless:
1. the organizer has reserved this right in the agreement, and
2. the change is insignificant, and
3. the organizer informs the traveler thereof via a durable medium, such as email, a paper document, or a PDF
Paragraph 9.2
If, before the start of the trip, the organizer is compelled to significantly alter one of the main characteristics of the travel services or cannot meet the confirmed special requirements of the traveler, or proposes to increase the price of the package travel by more than 8%, the organizer must inform the traveler and notify him/her of:
1. the proposed changes and their impact on the price of the package travel;
2. the possibility to terminate the agreement without costs, unless he/she accepts the proposed changes;
3. the period within which he/she must inform the organizer of his/her decision;
4. the fact that if he/she does not expressly accept the proposed changes within the specified period, the agreement will automatically be terminated; and
5. where applicable, the proposed substitute package travel and its price
Paragraph 9.3
Where the changes to the package travel agreement or the substitute package travel result in a reduction in the quality or cost of the package travel, the traveler shall be entitled to an appropriate price reduction.
Paragraph 9.4
If the package travel agreement is terminated pursuant to Article 9.2 and the traveler does not accept a substitute package travel, the organizer shall refund all payments made to the traveler no later than fourteen days after the termination of the agreement.
Article 10: Termination by the organizer before departure
Paragraph 10.1
The organizer may terminate the package travel agreement:
1. if the number of persons enrolled for the package travel is smaller than the minimum number stated in the agreement and the traveler is notified of the termination within the period specified in the agreement, but no later than:
1. 20 days before the start of the package travel in the case of trips lasting more than 6 days;
2. 7 days before the start of the package travel in the case of trips lasting 2 to 6 days;
3. 48 hours before the start of the package travel in the case of trips lasting less than 2 days; or
2. if the organizer is unable to perform the agreement due to unavoidable and extraordinary circumstances and informs the traveler before the start of the package travel that the agreement is terminated.
Paragraph 10.2
In such cases, the organizer shall refund to the traveler all amounts received for the package travel without being liable for any additional compensation.
Article 11: Termination by the traveller
Paragraph 11.1
The traveller may terminate the package travel agreement at any time before the start of the package travel. In the event of termination, the traveller may be required to pay a termination fee to the organiser. The package travel agreement may provide for standardised termination fees based on the time of termination before the start of the package travel and the expected cost savings and income from alternative use of the travel services. If no standardised termination fees have been set, the amount of the termination fee shall correspond to the price of the package travel minus the cost savings and income from alternative use of the travel services.
Paragraph 11.2
However, the traveller shall have the right to terminate the package travel agreement without paying a termination fee if unavoidable and extraordinary circumstances occur at the place of destination which significantly affect the performance of the package travel or which significantly affect the carriage of passengers to the place of destination. In the event of termination of the package travel agreement pursuant to this article, the traveller shall be entitled to a full refund of all payments made for the package travel, but shall not be entitled to additional compensation.
Paragraph 11.3
The organiser shall refund all amounts paid by or on behalf of the traveller, less the termination fee, no later than fourteen days after termination.
Article 12: Lack of conformity during the trip
Paragraph 12.1
The traveller shall inform the organiser without undue delay of any lack of conformity which he has detected during the performance of a travel service included in the package travel agreement.
Paragraph 12.2
If any of the travel services are not performed in accordance with the package travel agreement, the organiser shall remedy the lack of conformity, unless:
1. it is impossible, or
2. it entails disproportionate costs, taking into account the degree of lack of conformity and the value of the relevant travel services.
If the organiser does not remedy the lack of conformity, the traveller shall be entitled to a price reduction or compensation in accordance with Article 15.
Paragraph 12.3
If the organiser does not remedy the lack of conformity within a reasonable period set by the traveller, the traveller may remedy it himself and request reimbursement of the necessary expenses. The traveller is not required to set a deadline if the organiser refuses to remedy the lack of conformity or if immediate action is required.
Paragraph 12.4
If a significant part of the travel services cannot be performed, the organiser shall offer, at no additional cost to the traveller, alternative arrangements of, where possible, equivalent or higher quality. If the alternative arrangements result in a package travel of lower quality, the organiser shall grant the traveller an appropriate price reduction. The traveller may only refuse the alternative arrangements if they are not comparable to what was agreed in the package travel agreement, or if the granted price reduction is inadequate.
Paragraph 12.5
If the lack of conformity has significant effects on the performance of the package travel and the organiser has not remedied it within a reasonable period set by the traveller, the traveller may terminate the package travel agreement without paying a termination fee and, where appropriate, request a price reduction and/or compensation. If the package travel includes passenger transport, the organiser shall also ensure repatriation of the traveller. If no alternative arrangements can be offered or the traveller rejects the alternative arrangements, the traveller shall, where appropriate, also be entitled to a price reduction and/or compensation without terminating the package travel agreement.
Paragraph 12.6
If, due to unavoidable and extraordinary circumstances, it is not possible to ensure the traveller’s return as agreed in the package travel agreement, the organiser shall bear the cost of necessary accommodation for a maximum of three nights per traveller.
Paragraph 12.7
The limitation of costs referred to in 12.6 shall not apply to persons with reduced mobility, persons accompanying them, pregnant women, unaccompanied minors, and persons in need of specific medical assistance, provided that the organiser has been informed of their special needs at least 48 hours before the start of the package travel.
Paragraph 12.8
The organiser may not invoke unavoidable and extraordinary circumstances to limit liability if the relevant carrier cannot rely on such circumstances under applicable Union law.
Paragraph 12.9
The traveller may address messages, requests, or complaints relating to the performance of the package travel directly to the retailer from whom he purchased the package travel. The retailer shall forward such messages, requests, or complaints to the organiser without delay.
Article 13: Liability of the traveller
The traveller is liable for damage suffered by the organiser and/or retailer, their agents and/or representatives as a result of the traveller’s fault, or when the traveller fails to fulfil his contractual obligations.
Article 14: Liability of the organiser and the professional
Paragraph 14.1
The organiser is liable for the performance of the travel services included in the package travel agreement, regardless of whether these services are performed by the organiser or by other travel service providers.
Paragraph 14.2
If the organiser is established outside the European Economic Area, the obligations applicable to organisers shall apply to the retailer established in a Member State, unless the retailer proves that the organiser complies with the conditions laid down by the law of 21 November 2017.
Article 15: Price reduction and compensation
Paragraph 15.1
The traveller is entitled to an appropriate price reduction for any period during which there was a lack of conformity in the services provided, unless the organiser proves that the lack of conformity is attributable to the traveller.
Paragraph 15.2
The traveller is entitled to appropriate compensation from the organiser for all damage suffered as a result of the lack of conformity. Compensation shall be paid without undue delay.
Paragraph 15.3
The traveller is not entitled to compensation if the organiser proves that the lack of conformity is due to:
1. the traveller;
2. a third party unconnected with the provision of the travel services included in the package travel agreement, where the lack of conformity could not have been foreseen or avoided; or
3. unavoidable and extraordinary circumstances.
Article 16: Duty to provide assistance
Paragraph 16.1
The organiser shall provide appropriate assistance without undue delay to the 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.
Paragraph 16.2
If the difficulties are caused by the traveller’s intent or negligence, the organiser may charge a fee for such assistance. This fee shall in no case exceed the actual costs incurred by the organiser.
Article 17: Complaint handling procedure
Paragraph 17.1
If the traveller has a complaint before departure, he must report it as soon as possible in a provable manner to the organiser or retailer.
Paragraph 17.2
Complaints during the performance of the package travel agreement must be reported by the traveller as soon as possible on site, in an appropriate and provable manner, to the organiser or retailer so that a solution can be sought.
Paragraph 17.3
If a complaint has not been satisfactorily resolved on site, or if it was impossible for the traveller to submit a complaint on site, he must submit a complaint to the organiser or retailer after the end of the travel agreement without delay in a provable manner.
Article 18: Conciliation procedure
Paragraph 18.1
In the event of a dispute, the parties must first attempt to reach an amicable settlement.
Paragraph 18.3
If this attempt at amicable settlement fails, either party may request the non-profit organisation Travel Disputes Committee to initiate a conciliation procedure. All parties must agree to this.
Paragraph 18.3
To this end, the secretariat shall provide the parties with conciliation rules and a “conciliation agreement”.
Paragraph 18.4
In accordance with the procedure described in the rules, an impartial conciliator shall then contact the parties in order to seek an equitable settlement between them.
Paragraph 18.5
Any agreement reached shall be recorded in a binding written agreement.
Article 19: Arbitration or court proceedings
Paragraph 19.1
If no conciliation procedure is initiated or if it fails, the claimant may, if desired, initiate arbitration proceedings before the Travel Disputes Committee or bring proceedings before the courts.
Paragraph 19.2
The traveller can never be obliged to accept the jurisdiction of the Travel Disputes Committee, neither as claimant nor as defendant.
Paragraph 19.3
The organiser or retailer acting as defendant may refuse arbitration only if the amount claimed by the claimant exceeds €1,250. They have a period of 10 calendar days after receipt of the registered letter or email with acknowledgement of receipt stating that a file with a claim of €1,251 or more has been opened with the Travel Disputes Committee.
Paragraph 19.4
This arbitration procedure is governed by a dispute regulation and may only be initiated after submitting a complaint to the company itself and once it is established that the dispute could not be resolved amicably or four months have passed since the (expected) end of the trip (or from the service that gave rise to the dispute). Disputes concerning personal injury can only be settled by the courts.
Paragraph 19.5
The parity-composed arbitral tribunal shall issue a binding and final decision on the travel dispute in accordance with the dispute rules. No appeal is possible.
Article 20: Special provisions
Paragraph 20.1 – Applicability
These special provisions apply to all bookings and participation in the Pilates retreat organized by Fuse Pilates Studio BV, located at Pareipoelstraat 122A, 2800 Mechelen, Belgium. By registering, the participant agrees to both the general conditions set by the Travel Disputes Committee and the special provisions of Fuse Pilates Studio BV.
Paragraph 20.2 – Content of the retreat
The program as indicated on the website may be subject to minor changes depending on weather conditions, availability or organizational reasons.
Not included in the retreat are all elements not explicitly stated as included, including but not limited to:
1. Personal expenses
2. Additional meals or snacks outside the planned program
3. Alcoholic beverages (unless included in the planned program)
4. Optional activities (such as massages, additional excursions, etc.)
5. Personal travel and/or cancellation insurance
6. Transport to/from the airport in Belgium
The reservation is final upon payment of the full amount, unless otherwise agreed in writing.
50% (fifty percent) of the total amount must be paid immediately upon online booking. The remaining balance is payable no later than 2 (two) months before the stated departure date.
In case of late payment of the remaining balance, Fuse Pilates Studio BV reserves the right to cancel the reservation.
Article 20.4 – Cancellation by the participant
The following conditions apply:
1. Cancellation up to 2 (two) months before departure: the 50% deposit is retained and is non-refundable
2. Cancellation less than 2 (two) months before departure: no refund possible (*paragraph 11)
The participant is strongly advised to take out personal cancellation insurance.
Article 20.5 – Minimum number of participants
The retreat will only take place with a minimum of 8 participants. If this minimum is not reached, Fuse Pilates Studio BV reserves the right to cancel the retreat no later than 20 days before departure.
In such case:
1. the full amount paid will be refunded
2. no additional compensation can be claimed (*paragraph 10.2)
Article 20.6 – Liability of the organizer
Fuse Pilates Studio BV undertakes to organize the retreat to the best of its ability. The organizer cannot be held liable for:
1. Accidents during activities, except in case of proven fault or negligence
2. Loss, theft or damage to personal belongings
3. Delays or changes caused by third parties
Article 20.7 – Participation at own risk
The participant acknowledges that participation involves risks. The participant declares:
1. To be in good physical and mental health
2. To be responsible for assessing personal limits
3. To follow instructions
The participant indemnifies Fuse Pilates Studio BV except in case of gross negligence.
Article 20.8 – Medical information
The participant must disclose relevant medical information, including but not limited to:
1. Injuries
2. Medical conditions
3. Allergies/intolerances
4. Legal restrictions (travel bans, etc.)
5. Pregnancy
Participants are responsible for:
1. Travel insurance
2. Medical coverage abroad
Strongly recommended by Fuse Pilates Studio BV.
Article 20.10 – Image & promotional material
Photos and videos may be taken for promotional purposes. The participant consents unless stated otherwise in writing before the trip.
Secretariat of the Travel Disputes Committee
Phone: 02 277 62 15 or 02 277 61 80 (9am–12pm)
Fax: 02 277 91 00
City Atrium, Vooruitgangstraat 50, 1210 Brussels
Email: reisgeschillen@clv-gr.be
Fuse Pilates Studio BV
Phone: 0479.97.52.58
Pareipoelstraat 122A, 2800 Mechelen
Email: info@fusepilates.be