Article 1 – Definitions and scope of application
1.1. Operator: the natural or legal person who undertakes to provide a passenger transport service to a purchaser in return for payment.
1.2. Purchaser: the natural person, legal entity or de facto association which entrusts a passenger transport service to an operator. They may entrust a service in their own name and on their own behalf or in their own name and on behalf of third parties, unless they have expressly declared that it they are acting as a representative, corporate body, or agent in the name and on behalf of a third party. This third party, principal, legal entity or representative becomes the purchaser upon condition that their name and other relevant information are provided to the operator at the same time as the order.
1.3. Transport Agreement: the contract under which the operator provides a passenger transport service for a purchaser in return for payment.
1.4. These general terms and conditions apply to the Transport Agreement defined in point 1.3.
1.5. Unless expressly agreed otherwise in writing between the two parties, these General Terms and Conditions alone shall be recognised as applicable to the Transport Agreement concluded between the parties.
Article 2 - Start of the transport agreement
2.1. The Operator handing the Purchaser an order form when the booking is made.
2.2. The Transport Agreement comes into effect when the Purchaser receives written confirmation of the order from the Operator.
2.3. The Purchaser accepts these terms and conditions by placing an order.
Article 3 - Transferability of theTransport Agreement
3.1. Prior to departure the Purchaser may assign the Transport Agreement to one or more third parties, who must comply with all the conditions of the latter. The assignor must notify the Operator on time before departure.
The assignor and assignee are jointly and severally liable for payment of the transfer price and costs. If the Operator is unable to perform the Transport Agreement itself due to force majeure or an external cause, they are entitled to have another operator perform the concluded contract. The Operator remains responsible to the Purchaser for the proper performance of the Transport Agreement.
Article 4 - Price
4.1. The price agreed for the performance of the Transport Agreement is fixed, subject to an obvious material error which may always be corrected if necessary, or a price revision following a revision of:
- exchange rates applied to travel and/or;
- transport costs, including fuel costs and/or;
- fees and taxes for certain services.
These price variations can be positive or negative.
The price set out in the Transport Agreement may be increased under the aforementioned conditions and circumstances provided that this revision is applied and notified to the Purchaser within 20 calendar days prior to the day of departure. In the event of a price reduction the Operator may deduct their administrative costs from the reimbursement to the Purchaser.
4.2. If the increase exceeds 8% of the price agreed in the Transport Agreement, the Purchaser may terminate the latter by registered letter without notice or compensation. In this case, the Operator is obliged to refund any advance payments already made for the carriage or journey concerned, with the exception of travel costs already incurred (such as transport or accommodation costs).
4.3. The Purchaser is obliged to pay the additional cost to which the Operator is exposed as a result of changes made by the Purchaser to the agreed itinerary requiring the Operator to cover an additional number of kilometres or work a greater number of hours. The applicable rate for the additional cost will be communicated to the Purchaser by the Operator prior to the journey and is deemed to be accepted by the former at the start of the adapted itinerary.
4.4. Adjustments to the agreed transport route resulting in an additional number of kilometres or working hours during the execution of the Transport Agreement are not possible without the prior written agreement of the Operator.
Article 5 - Payment
5.1. The Operator always has the right to require the Purchaser to pay a deposit on the price of the journey or to pay the full price of the journey in advance.
In this case, the indicated deposit must be paid within the period displayed on the order form. Failing this, the deposit must be paid no later than 30 calendar days before the departure date. If the Purchaser fails to pay the deposit on time, the Operator shall be entitled to terminate the Transport Agreement and the Purchaser shall be obliged to reimburse the Operator for the costs and other losses already incurred by the latter. This compensation will amount to at least 15% of the price, with a minimum of 50 euros.
The balance is payable on the due date of the invoice unless otherwise agreed in writing and expressly accepted by both parties. The Purchaser is obliged to pay the full price without delay if the service is ordered less than 8 calendar days before the departure date.
If the termination or suspension of the Transport Agreement or of the operation covered by the latter is attributable to the Purchaser, or in the event of suspension or termination of the Transport Agreement due to the latter’s failure to comply with their contractual obligations, the advance payments made to the Operator shall remain due and shall not be refunded to the Purchaser.
5.2. All invoices are payable at the Operator's offices.
5.3. Invoices are payable in cash unless otherwise agreed in writing.
5.4. Without prejudice to the right to extra-judicial dissolution of the Transport Agreement due to the Purchaser or the Operator failing to meet their obligations, the amount of each invoice which has not been paid in full by the due date shall by right and without prior formal notice be increased by interest of 8% per annum, pro rata temporis, and by a fixed indemnity of 12% of the amount of the unpaid invoices with a minimum of 50.00 euros, notwithstanding the creditor's right to claim higher compensation in the event of proof of higher actual damages.
In addition, the Purchaser shall reimburse the Operator for all collection costs (including lawyers' fees and costs and fees for technical advice) incurred by the latter as a result of the Purchaser's failure to comply with any of their obligations under these general terms and conditions.
5.5. In the event of non-payment of a single invoice on the due date, all other invoices are due immediately regardless of any payment facilities previously granted.
6.5. The Operator reserves the right to suspend all current orders without formal notice or compensation in the event of non-payment for any reason whatsoever. In addition, the Operator reserves the right to refuse new and future orders in the event of late payment by the Purchaser, independently of and without prejudice to payment of the amount due (including any interest and compensation).
Article 6 – Force majeure
6.1. In the event that the Purchaser or the Operator is prevented or unable to perform the Transport Agreement due to force majeure, the occurrence of a case of force majeure may give rise either to the suspension of the transport service or to the cancellation of the Transport Agreement without any liability or obligation to pay compensation.
Force majeure shall mean any event, circumstance or situation beyond the reasonable control of the parties and which is not the result of fault or negligence on the part of one of the parties or the result of a failure on the part of the parties to comply with the contractual commitments arising from the Transport Agreement entered into, including, without limitation, natural disasters, strikes, lock-outs, lockdown, riots, terrorism, vandalism, lightning, fire, storm, flood, earthquake, explosions or weather conditions rendering roads inaccessible and in general any external cause or circumstance which prevents or makes impossible the normal performance of the contract.
6.2. If the Purchaser decides to cancel the Transport Agreement in situations of force majeure not proven by law (in particular situations which prevent or make impossible the performance of the contract in a reasonable manner), they shall pay 20% of the price agreed and due for the cancelled transport service regardless of the time of cancellation.
6.3. A similar indemnity is payable if the Purchaser decides to cancel the transport services agreed under a Transport Agreement due to a temporary situation of force majeure.
Article 7 - Cancellation
7.1. The Purchaser is obliged to compensate the Operator for the loss suffered if they terminate the Transport Agreement. Unless otherwise agreed between the parties and without prejudice to the application of Article 6 and the occurrence of an event of Force Majeure, in the event of suspension or cancellation the Purchaser must pay the Operator the following compensation (in addition to compensation for any costs already incurred by the Operator in connection with this order):
- a. If the suspension or cancellation occurs at least 30 days before the departure date: 15% of the agreed price, with a minimum of 50 euros;
- b. If the suspension or cancellation occurs on the 29th day or between the 29th and 14th day before the departure date: 30% of the agreed price;
- c. If the suspension or cancellation occurs on the 14th day or between the 14th and 2 days before the departure date: 50% of the agreed price;
- d. If the cancellation is made less than 2 working days before the departure date: 90% ;
e. If cancellation occurs on the day of departure or during transport: the full price of the trip.
7.2. In the event of cancellation/suspension by the Operator for reasons not attributable to the Purchaser, the latter shall be entitled to an immediate refund of the price or deposit already paid for the suspended/cancelled transport service. In the event of non-performance of the Transport Agreement the Purchaser is also entitled to compensation for the damage suffered and proven in this case by the Purchaser, unless the non-performance is due to force majeure or an external cause not attributable to the Operator.
7.3. If the Transport Agreement is for carriage with booking per seat, the Operator has the right to terminate the Transport Agreement without compensation if the number of bookings is less than the minimum required. to be achieved is clearly communicated to the Purchaser in advance. The Purchaser is entitled to immediate reimbursement of the price or deposit already paid for the cancelled transport service.
Article 8 - Liability of the Operator
8.1. The Operator is liable to the Purchaser for the proper performance of the Transport Agreement.
8.2. The Operator is not liable for interruptions in the performance of the Transport Agreement and/or delays due to force majeure. Any additional costs relating to transport or accommodation which may arise as a result of interrupted travel and/or delays due to force majeure shall be borne by the Purchaser.
8.3. The Operator is liable in the event of damage to, loss or theft of luggage (and/or travel items) in the baggage compartment (or in a trailer) of the vehicle(s) unless proof is provided that the damage, loss or theft is linked to an external cause which cannot be attributed to the Operator (e.g. strike, lock-out, war, riots, etc. with this list being indicative and non-exhaustive) or that the Operator did everything possible to prevent the deterioration, loss or theft of the lugagge (and/or travel items) or that it was impossible to prevent the deterioration, loss or theft of the latter (and/or travel items). Liability for luggage (and/or travel items) is limited to 1,200 euros per person.
8.4. Bicycles and sports equipment (e.g. golf bags, diving equipment, etc.) are also considered travel items and must be announced in advance.
8.5. The Operator is not responsible for the damage, loss or theft of money, negotiable documents, gold or silver, jewellery, precious stones, works of art, electronic devices or other valuables.
8.6. Damage (e.g. scratches) following the (un)loading of luggage (and/or travel items) cannot be charged to the Operator.
8.7. The Operator is not liable in the event of damage, loss or theft of hand baggage.
8.8. The Operator reserves the right to refuse luggage and travel items which do not have name tags (with the owner's first name, surname and address). The Operator reserves the right to refuse lugagge and travel items whose weight, size and nature do not correspond to the data on the order form, as well as those deemed to be dangerous for the safety of the carriage. Such a refusal shall not give rise to any reduction or refund of the amount paid.
8.9. If there is more than one luggage item and/or if the weight of the luggage item(s) exceeds 25 kg/person, it may be refused by (the representative of) the Operator.
Article 9 - Liabiilty of the Purchaser
9.1. Passengers are obliged to report for departure at the place and time specified in the contract. The Carrier shall not be obliged to refund any sums paid or to provide a similar journey if passengers do not arrive at the place and time specified in the Contract of Carriage.
9.2. Passengers are required to behave in accordance with the Carrier's instructions during carriage. Passengers are required to comply with the provisions of the Royal Decree of 15 September 1976 regulating passenger carriage by tram, pre-metro, metro, bus and coach. Passengers must be in possession of a valid travel document and present it on request. Baggage must be properly packed to avoid damaging other baggage or the coach, and must clearly show the passenger's name, address and destination. It is forbidden to:
- a. carry narcotics, explosives, weapons, oxygen cylinders or dangerous materials on your person or in your baggage;
- b. stand or walk on the coach during the journey.
Passengers must refrain from:
- a. smoking on board the vehicle;
- b. damaging and/or soiling the coach;
- c. consuming alcoholic beverages unless expressly authorised by the Carrier, or narcotics;
- d. touching emergency equipment;
- e. hindering staff in the performance of their duties;
- f. causing inconvenience or nuisance to other passengers, or endangering themselves, other passengers, drivers or other road users.
9.3. Passengers are also required to carry all the necessary travel documents, (such as a valid passport or visa), to be on time for the main departure and departures after intermediate stops, and to wear their seatbelts.
9.4. If the act or negligence of the Passenger(s) during the performance of this Contract of Carriage constitutes a danger to the safety of the other Passengers and/or causes physical injury/material damage to an employee/agent/contractor of the Carrier and/or causes material damage to the vehicle(s) and/or other material damage, in consultation with the Carrier the driver reserves the right to immediately interrupt the journey for a period which they deem necessary or possibly to return to the place of departure. The Purchaser is jointly and severally liable for all such damage.
Article 10 - Complaints
10.1. Complaints before the departure date must be made as soon as possible (orally or in writing).
10.2. Complaints during the performance of the Transport Agreement must be made as soon as possible, on the spot, and in an appropriate and conclusive manner so that a solution can be sought. The beneficiary may contact the (representative of the) Operator.
10.3. If the complaint has not been resolved satisfactorily or if it has been impossible to make a complaint during the performance of the Transport Agreement, a complaint must be made to the Operator no later than one month after the end of the Transport Agreement by registered letter with acknowledgement of receipt. This letter must include as detailed a description of the grievances as possible.
10.4. The lodging of a complaint has no effect on the amounts due to the Operator for other reasons.
Article 11 – Applicable law and jurisdiction
11.1. These general terms and conditions are governed by Belgian law. Any dispute will fall within the exclusive jurisdiction of the courts of the jurisdiction in which the company's registered office is located.