Terms & Conditions Noon.Escapes

The combination of travel services offered to you is a package holiday within the meaning of Directive (EU) 2015/2302, transposed by the law of 21 November 2017 on the sale of package holidays, linked travel arrangements and travel services.

Consequently, you can claim all EU rights applicable to package holidays. Noon.Escapes. is fully responsible for the proper execution of the entire package holiday.

General travel conditions of the Travel Disputes Committee for package travel contracts.

Article 1: Scope of application

These general terms and conditions apply to package travel contracts 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 of the organiser and retailer before the conclusion of the package travel contract

2.1 The organiser and also the retailer shall provide the traveller, before he is bound by a package travel contract, with the standard information prescribed by law, as well as, insofar as it applies to the package travel:

1° the main characteristics of the travel services: (a) the travel destination(s), itinerary and periods of stay, with the 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 has not yet been determined, it shall be communicated approximatelyc) the location, main characteristics and category of accommodation according to the rules of the destination country (d) the meals providede) the visits, excursions or other services included in the total price agreed for the package holiday;f) in case it is not clear, whether the travel services are provided to the traveller as a member of a group;g) the language in which other tourist services are provided, if applicable; h) whether the trip is generally suitable for persons with reduced mobility;2° the total price of the package trip and, where applicable, indication of the type of additional costs which may be borne by the traveller;3° the payment arrangements;4° the minimum number of persons required for the performance of the package trip and the deadline for possible cancellation of the contract if this number is not met 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° indication that the traveller may cancel the contract on payment of a cancellation fee;7° information on cancellation and/or assistance insurance.

2.2 The professional shall ensure that the appropriate standard information form is provided to the traveller.

2.3 The pre-contractual information provided to the traveller shall form an integral part of the package travel contract.It cannot be modified unless mutually agreed by the parties.

Article 3: Information by the traveller

3.1 The person concluding the package travel contract must provide the organiser and the retailer with all useful information concerning himself and his fellow travellers which may be relevant to the conclusion or performance of the contract.

3.2 If the traveller provides incorrect information and this leads to additional costs for the organiser and/or retailer, those costs may be charged.

Article 4: The package travel contract

4.1 On conclusion of the package travel contract or within a reasonable period of time, the organiser or, if a retailer is involved, the retailer shall provide the traveller with confirmation of the contract on a durable medium, such as an e-mail, a paper document or a pdf.In the event that the package travel contract is concluded in the simultaneous physical presence of the parties, the traveller shall be entitled to request a paper copy.4.2 The package travel contract or its confirmation shall contain the full content of the contract, including all the information referred to in article 2 and the following information:

1° the special wishes of the traveller to which the organiser has acceded;2° that the organiser is liable for the proper performance of the package travel, and has an obligation of assistance;3° the name and contact details of the entity responsible for protection in the event of insolvency;4° the name, address, telephone number, e-mail address of the organiser's local representative or other service in the event that the traveller encounters difficulties or wishes to complain about the possible non-conformity; 5° the traveller's obligation to report the non-conformity during the journey;6° information on the basis of which direct contact can be made with an unaccompanied minor or with the person responsible for him/her at his/her place of residence;7° information on internal complaint handling;8° information on the Travel Disputes Committee and the platform of the E. U. 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 holiday, the organiser shall provide the traveller with:

1° the necessary receipts2° the vouchers and tickets3° information on scheduled departure times and, if applicable, on the latest time for check-in, scheduled times of stopovers, connections and arrivals.

Article 5: The price

5.1 After the conclusion of the package travel contract, prices may only be increased if the contract expressly provides for this. In this case, the package travel contract will specify how the price revision is calculated.Price increases are only permitted as a direct result of changes in:

1° the price of passenger transport attributable to the increased cost of fuel or other sources of energy, or2° the amount of taxes or fees on the travel services included in the contract, levied by third parties not directly involved in the execution of the package holiday, including tourist taxes and departure or arrival taxes in ports and airports, or3° the exchange rates relevant to the package holiday.If a price increase is provided for, the traveller shall be 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 cancel the contract without cancellation compensation.

5.3 A price increase shall only be possible if the organiser notifies the traveller at least 20 days before the start of the package holiday via a durable data medium, such as e.g. an email, a paper document or a pdf, stating the reasons for such price increase and a calculation.

5.4 In the event of a price reduction, the organiser shall be entitled to deduct the administrative costs from the refund due to the traveller. If the traveller so requests, the organiser shall substantiate those costs.

Article 6: Payment of the travel sum

6.1 Unless otherwise agreed, the traveller shall, on entering into the package travel contract, pay as an advance part of the total travel price as stipulated in the special conditions.6.2 Unless otherwise agreed in the package travel contract, the traveller shall pay the balance of the price no later than 1 month before the departure date.6 .3 If the traveller, after having been given prior notice of default, fails to pay the deposit or the fare demanded of him, the organiser and/or retailer shall be entitled to terminate the contract with the traveller ipso jure, with the costs borne by the traveller.

Article 7: Transferability of the package travel contract

7.1 The traveller may transfer the package travel contract to a person who fulfils all the conditions applicable to that contract provided that he:1° notifies the organiser and, where appropriate, the retailer as soon as possible and no later than 7 days before the start of the package trip by means of a durable medium, such as an e-mail, a paper document or a pdf, and2° bears any additional costs arising from the transfer.7 .2 The person transferring the package holiday and the person taking over the contract shall be jointly and severally liable for the payment of the amount still due and for any additional fees arising from the transfer. The organiser shall inform the person transferring the contract of the costs of the transfer.

Article 8: Other changes by the traveller

If the traveller requests any other modification, the organiser and/or the retailer who may respond may charge any costs incurred as a result.

Article 9: Changes by the organiser before departure

9.1 The organiser may not unilaterally change the terms of the package travel contract, with the exception of price changes before the start of the package travel, unless:

1° the organiser has reserved this right in the contract, and
2° it is an insignificant change, and
3° the organiser notifies the traveller thereof by means of a durable data medium, such as e.g. an email, a paper document or a pdf.

9 .2 1. If, before the commencement of the journey, the organiser finds himself obliged to significantly modify one of the main characteristics of the travel services or is unable to meet the confirmed special wishes of the traveller, or proposes to increase the price of the package holiday by more than 8%, the organiser shall inform the traveller
1° of the proposed changes and their effect on the price of the package holiday;
2° of the possibility of cancelling the contract without cost, unless he accepts the proposed changes;
3° of the period within which he must notify the organiser of his decision;
4° of the fact that if he does not expressly accept the proposed change within the specified period, the contract shall be automatically terminated, and
5° where appropriate, of the proposed substitute package holiday and its price.

9 .3 If the changes to the package tour contract or the substitute package tour have the effect of reducing the quality or cost of the package tour, the traveller shall be entitled to an appropriate price reduction.

9.4 If the package tour contract is terminated pursuant to article 9.2 and the traveller does not accept a substitute package tour, the organiser shall refund to the traveller all sums paid not later than fourteen days after the contract has been terminated.

Article 10: Cancellation by the organiser before departure

10. 1 The organiser may cancel the package travel contract:
1° if the number of persons registered for the package travel is less than the minimum number specified in the contract and the traveller is notified by the organiser of the cancellation of the contract within the period specified in the contract, but not later than:
a) twenty days before the start of the package trip for trips lasting more than six days;
b) seven days before the start of the package trip for trips lasting between two and six days;
c) 48 hours before the start of the package trip for trips lasting less than two days, or
2° if he is unable to perform the contract due to unavoidable and extraordinary circumstances and he notifies the traveller before the start of the package trip that the contract is being cancelled.
10 .2 In these cases, the organiser shall refund to the traveller all sums received for the package holiday without being liable for any additional compensation.

Article 11: Cancellation by the traveller

11.1 The traveller may cancel the package holiday contract at any time before the start of the package holiday. Upon cancellation, the traveller may be required to pay a cancellation fee to the organiser.Standardised cancellation fees may be determined in the package travel contract on the basis of the time of cancellation before the start of the package trip and the expected cost savings and revenue from alternative use of the travel services.If no standardised cancellation fees are determined, the amount of the cancellation fee shall correspond to the price of the package trip less the cost savings and revenue from alternative use of the travel services.11 .2 However, if unavoidable and extraordinary circumstances occur at the destination which significantly affect the performance of the package holiday or which significantly affect the passenger transport of passengers to the destination, the passenger shall be entitled to cancel the package holiday contract without payment of a cancellation fee. In the event of cancellation of the package travel contract pursuant to this article, the traveller shall be entitled to a full refund of all sums paid for the package travel, but shall not be entitled to claim additional compensation.11.3 The organiser shall refund all sums paid by or on behalf of the traveller, less the cancellation fee, no later than fourteen days.

Article 12: Non-conformity during the journey

12.1 The traveller shall without delay notify the organiser of any non-conformity he has observed during the performance of any of the travel services included in the package travel contract.
12 .2 If any of the travel services are not performed in accordance with the package travel contract, the organiser shall remedy that non-conformity, unless doing so:1° is impossible, or2° entails disproportionately high costs, taking into account the degree of non-conformity and the value of the travel services in question. If the organiser does not remedy the non-conformity, the traveller shall be entitled to a price reduction or compensation in accordance with article 15.
12.3 If the organiser does not remedy the non-conformity within a reasonable period set by the traveller, the traveller shall have the option of doing so himself and requesting reimbursement of the necessary expenses. It is not necessary for the traveller to set a deadline if the organiser refuses to remedy the non-conformity, or if an immediate solution is required.
12 .4 If a significant part of the travel services cannot be provided, the organiser shall offer, at no additional cost to the traveller, other arrangements of, if possible, equivalent or higher quality.If the other proposed arrangements result in a package holiday of lower quality, the organiser shall grant the traveller an appropriate price reduction.The traveller may reject the other proposed arrangements only if they are not comparable with what was agreed in the package holiday contract, or if the price reduction granted is insufficient.
12 .5 If the non-conformity has a significant effect on the performance of the package holiday and the organiser has not remedied it within a reasonable period set by the traveller, the traveller may cancel the package holiday contract without payment of a cancellation fee and, where applicable, request a price reduction and/or compensation. If the package holiday includes passenger transport, the organiser shall also provide for repatriation of the traveller.If no other arrangements can be proposed or the traveller rejects the other arrangements proposed, the traveller shall be entitled to a price reduction and/or compensation, where appropriate, even without cancellation of the package holiday contract.
12 .6 If, due to unavoidable and extraordinary circumstances, the return of the traveller as agreed in the package travel contract cannot be arranged, the organiser shall bear the cost of the necessary accommodation, for a maximum of three nights per traveller.
12 .7 The limitation of costs referred to in 12.6 shall not apply to persons with reduced mobility, to persons accompanying them, to pregnant women, to unaccompanied minors and to persons requiring specific medical assistance, provided that the organiser has been notified of their special needs at least 48 hours before the start of the package tour.
12 .8The organiser may not invoke unavoidable and extraordinary circumstances to limit liability if the carrier concerned cannot invoke them under applicable Union law.
12.9The traveller may address notices, requests or complaints relating to the performance of the package holiday directly to the retailer from whom he purchased the package holiday. The retailer shall forward such messages, requests or complaints to the organiser without delay.

Article 13: Liability of the traveller

The traveller shall be liable for any damage incurred by the organiser and or retailer, their appointees and/or representatives due to his fault, or when he has not fulfilled his contractual obligations.

Article 14: Liability of the organiser and the professional

14.1 The organiser shall be liable for the performance of the travel services included in the package travel contract, regardless of whether these services are provided by the organiser or by other travel service providers.14.2 In case the organiser is established outside the European Economic Area, the obligations for organisers shall apply to the reseller established in a Member State, unless the reseller proves that the organiser complies with the conditions prescribed by the Act of 21 November 2017.

Article 15: Price reduction and compensation

15.1 The traveller shall be entitled to an appropriate price reduction for any period during which there was non-conformity of the services provided, unless the organiser proves that the non-conformity is due to the traveller.15.2 The traveller shall be entitled to appropriate compensation from the organiser for any damage he incurs as a result of non-conformity. The compensation shall be paid without delay.15.3 The traveller shall not be entitled to compensation if the organiser proves that the non-conformity is due to:

1° the traveller;2° a third party not involved in the performance of the travel services included in the package travel contract, and the non-conformity could not be foreseen or prevented, or3° unavoidable and extraordinary circumstances.

Article 16: Obligation of assistance

16.1 The organiser shall provide appropriate assistance without delay to the traveller in difficulty, in particular by:

1° providing useful information on medical services, local authorities and consular assistance;2° helping the traveller to use remote communication and to find other travel arrangements.

16.2 If the difficulties are the result of intention or negligence on the part of the traveller, the organiser may request compensation for such assistance. Such compensation shall in no case exceed the actual costs borne by the organiser.

Article 17: Complaints procedure

17.1 If the traveller has a complaint prior to departure, he must report it to the organiser or retailer in an appropriate and probative manner as soon as possible.17.2 Complaints during the execution of the package travel contract must be reported by the traveller to the organiser or retailer in an appropriate and probative manner as soon as possible on site, so that a solution can be sought.17 .3 If a complaint was not satisfactorily resolved on the spot or it was impossible for the traveller to formulate a complaint on the spot, he must lodge a complaint with the organiser or retailer in an appropriate and probative manner without delay after the end of the travel contract.

Article 18: Reconciliation procedure

18.1 In the event of a dispute, the parties must first seek an amicable settlement between themselves.18.2 If this attempt at an amicable settlement fails, each of the parties concerned may ask the vzw Geschillencommissie Reizen to initiate a reconciliation procedure. All parties must agree to this.18.3 To this end, the secretariat will provide the parties with reconciliation regulations and an "agreement to reconcile".18.4 In accordance with the procedure described in the regulations, an impartial conciliator will then contact the parties in order to pursue an equitable reconciliation between the parties.18.5 Any agreement reached will be set out in a binding written agreement.

Article 19: Arbitration or court

19.1 If conciliation proceedings are not instituted or fail, the claimant may, if he so wishes, institute arbitration proceedings before the Geschillencommissie Reizen or bring an action before the courts.19.2 The traveller can never be obliged to accept the jurisdiction of the Geschillencommissie Reizen, either as claimant or defendant.19.3 The organiser or retailer who is the defendant may only refuse arbitration if the amount claimed by the claimant exceeds 1,250 euros. He has a period of 10 calendar days after receipt of the registered letter or e-mail with acknowledgement of receipt stating that a file with a claim of more than EUR 1,251 has been opened with the Travel Disputes Committee.19.4 This arbitration procedure is governed by dispute regulations, and can only be initiated after lodging a complaint with the company itself, and this as soon as it has been established that the dispute could not be settled amicably or as soon as 4 months have passed since the (anticipated) end of the trip (or possibly from the service that gave rise to the dispute). Physical injury disputes can only be settled by the courts. 19.5 The joint arbitral tribunal shall, in accordance with the dispute regulations, give a binding and final ruling on the travel dispute. No appeal is possible against this.

Secretariat of the Travel Disputes Committee:telephone: 02 277 62 15 or 02 277 61 80 (9 a.m. to 12 noon) ; fax: 02 277 91 00City Atrium, Vooruitgangstraat 50, 1210 Brussels e-mail: reisgeschillen@clv-gr.be