Eagle Travel S.A. General Conditions for the sale of travel services, package travel and related travel services

GENERAL TERMS AND CONDITIONS EAGLE TRAVEL S.A. FOR THE SALE OF TRAVEL SERVICES, PACKAGE TRAVEL AND RELATED TRAVEL SERVICES

ARTICLE 1: SCOPE OF APPLICATION

These general terms and conditions apply to sales of travel services, package travel and related travel services booked on or after 1 July 2018 as defined by the Act of 21 November 2017 on the sale of package travel, related travel services and travel services.

ARTICLE 2: DEFINITIONS

2.1. Travel services : 
a) passenger transport ; 
b) accommodation that is not an integral part of passenger transport and is not intended for residential purposes; 
(c) the hire of cars and other motor vehicles within the meaning of Article 3(11) of Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 ; 
d) any other tourist service that is not an integral part of a travel service within the meaning of a), b) or c).

2.2. Package travel (a) these services are combined by a single professional, including at the traveller's request or in accordance with the traveller's choice, before a single contract including all these services is concluded, or (b) independently of any separate contracts concluded with several suppliers of travel services, these services are: b.1) purchased from a single point of sale and chosen before the traveller agrees to pay, or b.2) offered, sold or invoiced at an inclusive price or total price, or b.3) offered, sold or invoiced at an inclusive price or total price, or b.4) offered, sold or invoiced at an inclusive price or total price.) purchased from a single point of sale and selected before the traveller agrees to pay, or b.2) offered, sold or invoiced at an inclusive price or total price, or b.3) advertised or sold under the name "package travel" or under a similar name, or b.4) combined after the conclusion of a contract by which a trader allows the traveller to choose from a selection of different types of travel services, or b.5) purchased from separate traders using linked online booking procedures, where the traveller's name, payment details and e-mail address are passed by the trader with whom the first contract is concluded to another trader or traders and a contract with the other trader or traders is concluded no later than twenty-four hours after confirmation of the booking of the first travel service.

2.3. Linked travel service Package travel: the combination of two or more different types of travel services purchased for the same holiday or holiday journey, not constituting a package involving the conclusion of separate contracts with individual travel service providers, if a trader facilitates : (a) on the occasion of a single visit to or contact with his point of sale, the separate choice and separate payment by the traveller of each travel service, or (b) in a targeted manner, the purchase of at least one additional travel service from another trader where the contract with that other trader is concluded no later than twenty-four hours after the confirmation of the booking of the first travel service.

2.4. Traveller : any person seeking to enter into a contract falling within the scope of the Act of 21 November 2017 referred to in Article 1 hereof, or having the right to travel on the basis of such a contract already entered into.

2.5. Professional any natural or legal person, whether public or private, who acts, including through the intermediary of another person acting in his name or on his behalf, for purposes which fall within the scope of his commercial, industrial, craft or liberal activity with regard to contracts covered by the law of 21 November 2017, whether he is acting in the capacity of organiser, retailer, professional facilitating a linked travel service or provider of a travel service.

2.6. Organiser any professional who prepares package holidays and sells or offers them for sale, directly or through the intermediary of another professional or jointly with another professional, or a professional who transmits the traveller's data to another professional in accordance with article 2.2, b.5) hereof.

2.7. Retailer Any professional other than the organiser who sells or offers for sale travel packages put together by an organiser.

2.8. For the rest, reference is made to the definitions given in the Law of 21 November 2017.

ARTICLE 3: PROVISIONS SPECIFIC TO PACKAGE TRAVEL

The following provisions apply when we offer for sale or sell travel packages as an organiser or retailer.

3.1 Package travel contract
1. Unless expressly stipulated otherwise, the package travel contract is formed when we confirm the offer to the traveller, definitively and without reservation and, if a deposit is requested, when the traveller has paid this deposit.
2. Upon conclusion of the package travel contract or within a reasonable period of time, the organiser or, if there is a retailer, the latter, shall provide the traveller with a copy or confirmation of the contract on a durable medium. The traveller may request a paper copy if the package travel contract is concluded in the physical and simultaneous presence of the parties.
3. The package travel contract or its confirmation contains the entire content of the agreement, which includes all the information referred to in Article 5.1. b) hereof and the following information: - 1° the particular requirements of the traveller that the organiser has accepted; - 2° that the organiser is responsible for the proper performance of all travel services included in the contract and that he has a duty of assistance; - 3° the name of the entity responsible for protection against insolvency and its contact details ; - 4° the name, address, telephone number and e-mail address of the organiser's local representative, or another service through which the traveller can quickly contact the organiser to request assistance if the traveller is in difficulty or to complain about any non-conformity ; - 5° the obligation for the traveller to communicate any non-conformity that he observes during the journey; - 6° information enabling direct contact to be made with an unaccompanied minor or the person responsible for the minor at the place of stay; - 7° information on internal procedures for handling complaints; - 8° information on the Travel Disputes Committee and on the EU's online dispute resolution platform; - 9° information on the traveller's right to assign his contract to another traveller.
4. In good time before the start of the package tour, the travel organiser shall provide the traveller with :
- 1° receipts,
- 2° the necessary vouchers and tickets,
- 3° information on the estimated time of departure and, if applicable, the latest check-in time, the estimated times of stopovers, connections and arrival.

3.2. Payment of the price and changes
1. Unless otherwise agreed, a deposit equal to 30 % of the total price of the trip, with a minimum of 100 EUR per person, is due when the travel contract is concluded and the balance is payable no later than 45 days before departure. Air tickets sold alone or with land services will be paid for when the tickets are issued.
2. In the event of non-payment of the deposit on time, we reserve the right to terminate the travel contract by operation of law, with immediate effect and after formal notice, without prejudice to our right to claim compensation for the damage caused to us by the termination, including the costs of termination specified in article 3.7.3 hereof, which may in any event be claimed from the traveller. Deposits paid by the traveller will be deducted from this compensation.
3. After the package travel contract has been concluded, prices may be increased in the event of changes:
- 1° the price of passenger transport resulting from the cost of fuel or other energy sources, or
- 2° the level of taxes or charges on the travel services included in the contract, imposed by a third party who is not directly involved in the execution of the package holiday, including tourist taxes, landing taxes or embarkation and disembarkation taxes at ports and airports, or
- 3° exchange rates relevant to the package tour.
4. In the event of a price reduction, the traveller is entitled to a price reduction corresponding to any reduction in costs as listed in point 3.2.3. above that occurs after the conclusion of the contract and before the start of the package tour. In this case, the organiser is entitled to deduct its administrative expenses from the refund due to the traveller.
5. Any change to the price will be communicated to the traveller no later than twenty days before the start of the package tour.

3.3 Transfer of the package travel contract
1. The traveller may assign the package travel contract to a person who satisfies all the conditions applicable to this contract, on condition that: 1° he informs the organiser and, if applicable, the retailer by means of a durable medium such as an e-mail, a paper document or a PDF, as soon as possible and no later than 7 days before the start of the package travel, and 2° he bears any additional costs incurred by this assignment.
2. The person who transfers the package and the person who takes it back are jointly and severally liable for payment of the balance of the price as well as any additional costs incurred as a result of this transfer.
3. The traveller is advised that in certain cases, the transfer fee may include the cost of booking a new travel service (for example, in the case of non-transferable or refundable airline tickets).
4. In addition, a flat-rate administrative fee of EUR 100 per contract will be charged in the event of assignment.

3.4. Modification of the contract by the traveller
1. Any amendment to the contract by the traveller will incur a flat-rate administrative fee of EUR 100 per person, in addition to any administrative costs incurred by our suppliers or the organiser if we are acting as a retailer.
2. The Traveller is aware and accepts that any requested modification is subject to availability at the time and may be subject to price adjustments. If the requested modification is unavailable, or if the price varies to such an extent that the traveller wishes to cancel the travel contract, cancellation will be subject to our cancellation conditions set out in article 3.7 hereof. The cost of the change will in any case be charged to the traveller.
3. We reserve the right to charge the passenger for any costs resulting from other changes requested by the passenger.

3.5. Modification of the contract by the organiser before the trip
1. The organiser reserves the right to make minor changes to the contract after it has been concluded, particularly in the event of an obvious material error. In this case, the traveller will be informed.
2. If, before the start of the package tour, the organiser is obliged to significantly modify one or more of the main characteristics of the travel services or if he is unable to satisfy the traveller's specific requirements which are confirmed, or if he proposes to increase the price of the package by more than 8 %, he will inform the traveller and propose, where appropriate, an alternative as well as its price. The passenger will then have the choice of either expressly accepting the proposed change within the period specified on that occasion or cancelling the contract without paying cancellation charges. If the traveller does not expressly accept the proposed modification within the specified period, the contract is automatically terminated.
3. If the package travel contract is terminated in accordance with point 2 above and the traveller does not accept another package, the organiser will refund all payments made.

3.6. Cancellation by the traveller
1. The traveller may cancel the package travel contract at any time before the start of the package travel.
2. Any cancellation by the traveller must be sent to us by e-mail or by registered post to the address indicated in Article 13. Cancellations received outside our opening hours are deemed to have been received on the next working day.
3. Unless otherwise stipulated in the travel contract, when the traveller cancels, he may be asked to pay the organiser the following cancellation costs:
- More than 91 days before departure: 30 % of the tvac price of the trip with a minimum of 100 euros per person ;
- From 90 to 61 days before departure: 45 % of the total price incl. VAT, with a minimum of EUR 150 per person;
- From 60 to 31 days before departure: 75 % of the total price incl. VAT, with a minimum of EUR 300 per person;
- From 30 days to the day of departure: 100 % of the total price incl. VAT.
4. In the case of packages including flights, air tickets are always non-refundable. Last-minute flights and train tickets are non-refundable.
5. If we act as a retailer, the organiser's cancellation costs will be charged, plus our administrative costs. Any refund will be made after deduction of insurance and visa costs.
6. In the event that travel suppliers provide for stricter conditions, these will apply.
7. The traveller may only be exempted from paying the cancellation costs in the event of exceptional and unavoidable circumstances occurring at the place of destination and substantially affecting the performance of the package tour or the transport of passengers to the place of destination. In the event of cancellation of the package travel contract by virtue of this article, the traveller is entitled to a full refund of the payments made in respect of the package travel, to the exclusion of any additional compensation.

3.7. Cancellation by the organiser before the trip
1. The organiser is authorised to cancel the package travel contract:
- 1° if the number of persons booked for the package tour is less than the minimum number specified in the contract and the organiser notifies the traveller of the cancellation of the contract within the period specified in the contract, but at the latest :
a) twenty days before the start of the package tour in the case of tours lasting more than six days ;
b) seven days before the start of the package tour in the case of tours lasting between two and six days;
c) 48 hours before the start of the package tour in the case of tours lasting no more than two days, or
- 2° if it is prevented from performing the contract due to exceptional and unavoidable circumstances and notifies the traveller of the cancellation of the contract before the start of the package tour.
2. In these cases, the organiser will reimburse the traveller for the payments made for the package tour, without being obliged to pay any additional compensation.

3.8. Non-compliance during the journey
1. The traveller shall inform the tour operator, without delay and in a manner that can be relied upon, of any lack of conformity observed during the performance of a travel service included in the package travel contract. If the traveller fails to do so, the financial consequences arising from the failure to notify the organiser of the lack of conformity within a reasonable period of time may remain with or be charged to the traveller. Any complaint relating to the non-conformity of the package will be assessed by the organiser according to the specific circumstances and the nature of the package booked. The organiser will remedy the non-conformity, unless this is impossible or involves disproportionate costs, taking into account the importance of the non-conformity and the value of the travel services concerned.
2. Travellers must send us their complaints by e-mail or by telephone during office hours: Monday to Friday, 9.00 am to 5.30 pm.
3. If one of the travel services is not performed in accordance with the package travel contract, the tour operator shall remedy the non-conformity, unless this 1. is impossible or 2. would entail disproportionate costs, taking into account the significance of the non-conformity and the value of the travel services concerned. If the Tour Operator does not remedy the non-conformity, the traveller is entitled to a price reduction or compensation in accordance with Article 3.11. below.
4. If the organiser does not remedy the non-conformity within a reasonable period, this one the traveller may remedy the situation himself and claim reimbursement of the necessary expenses, to the exclusion of all other expenses.
5. When a significant part of the travel services cannot be provided as planned, the Tour Operator will offer, at no extra cost to the traveller, other services, if possible of equal or higher quality. If the alternative services offered result in an inferior package holiday, the Tour Operator will grant the traveller an appropriate price reduction. The traveller may only refuse the other services offered if they are not comparable to what was provided for in the package travel contract or if the price reduction granted is not appropriate.
6. When a non-conformity significantly disrupts the execution of the package tour and the organiser does not remedy the situation within a reasonable period of time, the latter the traveller may cancel the package travel contract without paying cancellation fees and request, where applicable, a price reduction and/or reasonable compensation. If the package tour includes passenger transport, the organiser will also provide the traveller with repatriation services. If it proves impossible to offer other services or if the traveller refuses the other services offered under the conditions of point 4 of this article, the traveller is entitled, if applicable, to a price reduction and/or appropriate compensation in accordance with article 3.11 hereof, without cancelling the package travel contract.
7. When it is impossible, due to exceptional and unavoidable circumstances, to ensure the return of the traveller as provided for in the package travel contract, the organiser will bear the costs of the necessary accommodation for a maximum of three nights per traveller. This limitation of costs does not apply to persons with reduced mobility, persons accompanying them, pregnant women, unaccompanied minors, or persons requiring specific medical assistance, provided that the organiser has been informed of their particular needs at least 48 hours before the start of the package tour.
8. The traveller may address messages, requests or complaints relating to the execution of the package tour directly to the retailer through whom the package tour was purchased. In this case, he will also inform the tour operator.

3.9. Passenger's liability
The traveller shall be liable for any damage caused to the tour operator and/or intermediary travel agent, their employee(s) and/or their representative(s), through their fault or as a result of the non-performance of their contractual obligations.

3.10. Organiser's liability
1. We are only responsible for the proper performance of the travel services included in the package tour when we are acting as organiser. We have no such responsibility when we are acting as a retailer.
2. Our liability is limited to the price of the package, except for personal injury caused intentionally or as a result of negligence on our part. If one of the travel services included in the package is subject to an international convention, our liability is limited in accordance with that international convention.
3. We are never responsible for the execution of travel services that are not explicitly included in the contract and that the traveller books on site without notifying us (such as additional excursions or activities).

3.11. Price reduction and compensation
1. The traveller is entitled to an appropriate price reduction for any period of non-conformity of the services provided by the organiser, in accordance with article 3.8 hereof, unless the organiser proves that the non-conformity is attributable to the traveller.
2. The traveller is entitled to appropriate and reasonable compensation from the organiser for any loss suffered as a result of the non-conformity of the services provided, unless the organiser proves that the non-conformity is due to :
- 1° to the traveller ;
- 2° to a third party not involved in the provision of the travel services included in the package travel contract and the non-compliance was unforeseeable or unavoidable, or
- 3° exceptional and unavoidable circumstances.

3.12. Obligation to provide assistance
1. The organiser will, without undue delay, provide appropriate assistance to a traveller in difficulty, in particular :
- 1° by providing useful information available on health services, local authorities and consular assistance;
- 2° by helping the traveller to make remote communications and to find other travel services if necessary.
2. The organiser is entitled to charge for this assistance if this difficulty is caused intentionally by the traveller or by his negligence.

ARTICLE 4: PROVISIONS SPECIFIC TO TIED TRAVEL SERVICES

Without prejudice to the provisions common to the sale of travel services, package travel and tied travel services, the following provisions apply to tied travel services within the meaning of Article 2.3 hereof.

4.1. Liability
1. The professional is only responsible for errors :
- due to technical faults in the reservation system for which it is responsible;
- committed by him during the booking procedure, if he has agreed to organise the booking of travel services.
2. The Professional is not responsible for booking errors that are attributable to the traveller or that are caused by exceptional and unavoidable circumstances.
3. In all cases, for this type of travel service, we only act as an intermediary. The contract is formed directly with the supplier of the travel service (whether or not linked to other services) when the booking is confirmed. We are never responsible for the performance of the travel service by the supplier.

4.2 Cancellation, modification and assignment by the traveller
1. The travel service may only be terminated, modified or transferred if the supplier accepts this and on its conditions.
2. Any cancellation, request for modification or assignment by the traveller must reach us in good time by e-mail or registered post at the address indicated in Article 10. Cancellations received outside our opening hours are deemed to have been received on the next working day.

ARTICLE 5: PROVISIONS COMMON TO THE SALE OF TRAVEL SERVICES, PACKAGE HOLIDAYS AND LINKED TRAVEL SERVICES

5.1 Pre-contractual information for travellers
1. All our brochures, advertisements, web pages and offers are drawn up in good faith and on the basis of the data available. Maps, photos and illustrations are for information purposes only and are not contractually binding.
2. The traveller expressly accepts that the pre-contractual information communicated to him may be subject to change before the contract is concluded and that, unless otherwise stipulated, our offers are always "on request" or subject to confirmation.
3. The traveller authorises us to correct any obvious material errors in the pre-contractual information we provide.
a) Travel services
The organiser or retailer who sells a travel service separately as an intermediary shall provide the traveller with the following information:
1° the protection it enjoys in the event of insolvency ;
2° the name of the entity responsible for insolvency protection and its contact details.
b) Package holidays (See standard form in Annex I)
1. The organiser and the retailer shall provide the traveller, before he is bound by a package travel contract, with the standard information required by law as well as the information mentioned below insofar as it applies to the package travel:
1° the main characteristics of the travel services.
2° the total price of the package tour (including taxes) and, if applicable, any additional costs that the traveller may still have to bear, or at least the type of costs if these cannot be reasonably calculated before the contract is concluded.
3° the terms of payment.
4° the minimum number of persons required for the package tour and the deadline for terminating the contract if this number is not reached.
5° general information on passport and visa requirements, including the approximate time required to obtain visas, and information on health formalities in the country of destination.
6° a statement to the effect that the passenger may cancel the contract subject to payment of cancellation charges.
7° information on "cancellation" and "assistance" insurance.
2. The pre-contractual information provided to the traveller forms an integral part of the package travel contract. It may not be modified, except by mutual and explicit agreement of the contracting parties. Prior to the conclusion of the contract, changes to the pre-contractual information are communicated to the traveller by the organiser and, where applicable, the retailer.
c) Related travel services (see standard form in Annex II)
The professional facilitating the related travel services communicates to the traveller :
1° That the traveller will not benefit from the rights applicable to package travel and that each service provider will only be responsible for the proper contractual execution of its service
2° That the traveller will benefit from protection against insolvency.

5.2 Information from the passenger
1. The person concluding the travel service contract or the traveller must provide the organiser or retailer with all useful information that could influence the conclusion of the contract or the smooth running of the trip.
2. If the traveller provides incorrect information that results in additional costs for the organiser or retailer, these costs may be charged to the traveller.

5.3. Prices and payments
1. The price covers the travel services included in the travel contract as well as all taxes, fees, charges or other additional costs, whether foreseeable or of which we could not reasonably have been aware or which we could not reasonably have calculated prior to the conclusion of the contract, such as tourist taxes or taxes for access to facilities, entry taxes, etc., which the traveller may have to bear.
2. We reserve the right to apply an administration fee, particularly for "on request" (with option) files, unless the option is confirmed.
3. The traveller authorises us to correct any obvious price errors.
4. Any invoice not paid by the due date shall automatically and without prior notice bear interest on arrears of 1 % per month and a flat-rate surcharge of 10 % with a minimum of EUR 100.
5. The delivery of travel documents will be suspended until our invoices have been paid.
6. In the event of persistent non-payment of invoices on the due date, we reserve the right to terminate the travel contract with immediate effect and after formal notice, without prejudice to our right to claim compensation for the damage caused to us by the termination, including the costs of termination specified in article 3.7.3 hereof, which may in any event be claimed from the traveller. Deposits paid by the traveller will be deducted from this compensation.
7. Cash payments are only accepted if the price of the travel contract does not exceed EUR 3,000. If the price of the travel contract is EUR 3,000 or more, cash payment is authorised up to 10 % of the price, with a maximum of EUR 3,000.

5.4. Protection against insolvency
1. Both the organiser or retailer who sells a travel service or package tour separately as an intermediary, and the professional facilitating the related travel services, provide the traveller with a guarantee for the reimbursement of all payments received by him from travellers insofar as the travel service is not carried out due to his insolvency.
2. For package tours, if passenger transport is included in the package tour contract, organisers and retailers also provide a guarantee for the repatriation of travellers. The continuation of the package tour may be offered. The guarantee covers only reasonably foreseeable costs.
3. For linked travel services, if the professionals facilitating the travel services are the party responsible for transporting the passengers, the guarantee also covers the repatriation of the travellers.

5.5. Complaints procedure and handling
1. The professional, organiser or retailer provides the traveller with information concerning the internal complaints handling procedure.
2. For package holidays, if the traveller has a complaint before departure, he must submit it as quickly as possible and in a way that can be used as evidence to the organiser or retailer. Complaints that arise during the performance of the package travel contract must be lodged as quickly as possible on the spot, in an appropriate and evidentiary manner, so that a solution can be sought. Complaints which have not been resolved satisfactorily on site or which it was impossible to resolve on site must be lodged with the organiser or retailer without delay after the end of the trip, in a manner that can be used as evidence.

5.6. Optional conciliation procedure
1. In the event of a dispute, the parties must first attempt to reach an amicable settlement between themselves.
2. If this attempt at amicable settlement is unsuccessful, each of the parties concerned may contact the secretariat of the Commission de Litiges Voyages asbl to initiate a conciliation procedure, in accordance with its regulations. All parties must agree to this.
3. Any agreement reached will be recorded in a binding agreement between the parties.

5.7. Disputes
1. If no conciliation procedure before the Travel Disputes Commission has been initiated or if such procedure has failed, the complainant may, at his or her choice, initiate arbitration proceedings before the Travel Disputes Commission or court proceedings.
2. The arbitration procedure before the Travel Disputes Committee is subject to the Dispute Rules, which set out the conditions for initiating such a procedure (available here : https://www.clv-gr.be/arbitrage_documenten_fr.html). Disputes concerning personal injury can only be settled by the courts.
3. The arbitration board, composed of equal numbers of members, makes a binding and final award. No appeal is possible.
4. Any dispute arising from the conclusion or performance of the contract which is not referred to the Travel Disputes Board shall fall within the jurisdiction of the Courts of Brussels. Belgian law will be applied.

5.8. Travel formalities
1. Travellers must be in possession of identity documents valid for travel to the country visited.
2. In some cases an identity card is sufficient, in other cases an international passport is compulsory (and must sometimes be valid for up to six months after the planned return date), and in other cases a valid passport and a visa will be required.
3. We do our best to inform Belgian travellers of the formalities specific to their destination. It is the traveller's responsibility to ensure that their travel documents are valid and compliant with the requirements of their destination.
4. Non-Belgian travellers are obliged to contact their Embassy or other diplomatic authorities to find out about the formalities to which they are subject. We decline all responsibility in the event of negligence on the part of the traveller in this respect.
5. The traveller who concludes the travel contract is obliged to inform us of his nationality and that of the traveller(s) for whom he is concluding the contract, and to provide us with any useful information that could have an impact on the travel documents required or on the travel arrangements.
6. Travellers are advised to consult the website of the FPS Foreign Affairs, in particular for safety issues at their destination.

5.9. Health
1. It is not possible for us to know the state of health of all travellers. It is therefore the traveller's responsibility to find out about the health formalities to be completed for the destination chosen.
2. The traveller declares that he/she is medically, physically and psychologically fit to undertake the chosen trip. Travellers with a physical or mental disability, an incapacity or restriction of mobility, suffering from an illness requiring medical treatment or assistance, and pregnant women, must inform us of this, if necessary by the person booking the trip on their behalf. We reserve the right to refuse a traveller if, for objective and non-discriminatory reasons, it appears that he or she is not fit to take part.
3. It is strongly recommended that travellers take with them the appropriate equipment for the nature of the trip, except where this equipment is included in the package. We cannot be held responsible for any negligence on the part of the traveller.
4. With regard to health conditions at the destination, travellers are advised to consult the FPS Foreign Affairs website.

5.10. Flights
1. Only the flight ticket issued constitutes the contract between the airline and the passenger. As long as the ticket has not been issued, the airline reserves the right to increase its fares and/or change its conditions of sale.
2. The flight schedules communicated in our offers are formulated under all reserves and without prejudice to modifications by the airline company. Any change in timetable will be communicated to the traveller as soon as possible, but Eagle Travel cannot be held responsible in any way.
3. The identity of the operating carrier will be indicated on the travel documents provided to the passenger in application of Article 11 of European Regulation 2111/2005.
4. It is the traveller's obligation to present themselves on time for boarding and to have all their travel documents. Eagle Travel can under no circumstances be held responsible in the event of an incident such as denied boarding, caused intentionally or by the negligence of the passenger.
5. Where applicable, passengers are required to file a declaration of loss, theft or damage to their baggage with the airline operating the flight concerned.
6. The airlines on the European Commission's blacklist in application of European Regulation 2111/2005 of 14 December 2005 can be found by following this link: https://ec.europa.eu/transport/modes/air/safety/air-ban_en.

ARTICLE 6: FINANCIAL GUARANTEE

As required by law, Eagle Travel SA has insurance provided by AMLIN INSURANCE SE, Boulevard du Roi Albert II, 1030 Brussels, in the event of financial insolvency.

ARTICLE 7: CIVIL AND PROFESSIONAL LIABILITY INSURANCE

Our professional liability is covered by AG INSURANCE s.a., Boulevard Emile Jacqmain, 53, 1000 Brussels (BCE 0404.494.849).

ARTICLE 8: PRIVACY POLICY - PROTECTION OF PERSONAL DATA (RGPD)

1. We collect your data in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data ("GDPR"). These regulations can be consulted in full on the Data Protection Authority's website at: https://www.autoriteprotectiondonnees.be.
   2. S.A. Eagle Travel is responsible for processing this personal data and its contact details are as follows: Jean-François Defour - +32 (0)2 672 02 52.
   3. The personal data you provide us with is necessary for the processing of your reservation and therefore for the performance of the contract (article 6.1.b of the Regulation), and is kept for a period of ten years for accounting and tax purposes. In this context, your data may be transferred to our partners established in third countries. We only use partners who guarantee a level of protection that complies with the principles set out in the GDPR.
   4. With your consent, your data may also be used by us to send you our promotional or commercial offers by e-mail or post (article 6.1.a of the RGPD). In this case, you may withdraw your consent to the processing of your personal data at any time, without this affecting the processing carried out prior to such withdrawal.
   5. In addition, your data is also communicated to the FPS Economy and service providers referred to by - and in application of the Law of 25 December 2016 on the processing of passenger data, which transposes Council Directive 2004/82/EC of 29 April 2004 on the obligation of carriers to communicate passenger data, and Directive 2016/681 of 27 April 2016 of the European Parliament and of the Council on the use of Passenger Name Record data for the prevention, detection, investigation and prosecution of terrorist offences and serious crime.
   6. As the person whose data is collected, you have the right to access, rectify, limit and delete your data at any time, as well as the right to object to the collection of your data, provided that the processing is not necessary for the performance of the contract. You also have the right to receive a copy of the personal data you have provided in a structured, commonly used and machine-readable format or to request that this data be directly transmitted to another data controller where this is technically possible. These rights may be exercised by sending us a registered letter, stating your surname, first name and address as well as the subject of your correspondence. Complaints about the collection and processing of your personal data may be addressed to the Data Protection Authority: https://www.autoriteprotectiondonnees.be.

ARTICLE 9: NO RIGHT OF WITHDRAWAL

Pursuant to article VI.53, 12° of the Code of Economic Law, the Traveller does not have the right to withdraw from services:
- accommodation
- transport
- car rental
- restaurants and services linked to leisure activities.

ARTICLE 10: NOTIFICATIONS

Unless otherwise stipulated, any notification under the travel contract must be made to the following addresses: By post: Chaussée de La Hulpe 192 - 1170 Brussels By e-mail: info@eagletravel.be. 

APPENDICES 

ANNEX I

Part A. - Standard information form for package travel contracts where the use of hyperlinks is possible.
The combination of travel services offered to you is a package tour within the meaning of Directive (EU) 2015/2302, transposed by the Act of 21 November 2017 on the sale of package travel, related travel services and travel services. You will therefore benefit from all the rights granted by the European Union applicable to package travel. The organiser will be entirely responsible for the proper execution of the package tour as a whole. In addition, as required by law, Eagle Travel SA has protection to refund your payments and, if transport is included in the package, to ensure your repatriation in the event that it becomes insolvent. For more information on essential rights under Directive (EU) 2015/2302 [https://eur-lex.europa.eu/legal-content/FR/TXT/PDF/?uri=CELEX:32015L2302&from=FR]. By clicking on the hyperlink, the traveller will receive the following information: 

- Travellers will receive all the essential information on the package tour before concluding the package tour contract.
- There is always at least one professional who is responsible for the proper execution of all the travel services included in the contract.
- Travellers are given an emergency telephone number or contact details for the organiser or travel agent.
- Travellers may transfer their package holiday to another person, subject to reasonable notice and possible additional charges.
- The price of the package tour may only be increased if specific costs increase (e.g. fuel prices) and if this possibility is explicitly provided for in the contract, and in any case may not be changed less than twenty days before the start of the package. If the price increase exceeds 8 % of the package price, the traveller may cancel the contract. If the organiser reserves the right to increase the price, the traveller is entitled to a price reduction in the event of a reduction in the corresponding costs.
- Travellers may cancel the contract without paying cancellation fees and receive a full refund of payments made if any of the essential elements of the package, other than the price, undergoes a significant change. If, before the start of the package tour, the professional responsible for the package tour cancels it, travellers have the right to obtain a refund and compensation, if applicable.
- Travellers may cancel the contract without paying cancellation fees before the start of the package in the event of exceptional circumstances, for example if there are serious safety problems at the destination that are likely to affect the package tour.
- In addition, travellers may cancel the contract at any time prior to the start of the package tour, subject to payment of appropriate and justifiable cancellation charges.
- If, after the start of the package tour, important elements of the tour cannot be provided as planned, appropriate alternative services must be offered to travellers at no extra charge. Travellers may cancel the contract without paying cancellation charges if the services are not performed in accordance with the contract, if this significantly disrupts the package tour and if the organiser does not remedy the problem.
- Passengers are also entitled to a price reduction and/or compensation in the event of non-performance or poor performance of travel services.
- The organiser must provide assistance if the passenger is in difficulty.
- If the organiser or retailer becomes insolvent, the amounts paid will be refunded. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package tour and if transport is included in the package tour, the repatriation of travellers is guaranteed. Eagle Travel SA has taken out insolvency protection with the body responsible for insolvency protection referred to in Eagle Travel SA's general terms and conditions. Travellers can contact this entity or, if necessary, the competent authority if they are refused services due to the insolvency of Eagle Travel SA.
Directive (EU) 2015/2302, transposed by the Act of 21 November 2017 on the sale of package travel, related travel services and travel services [http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=2017112104&table_name=loi].

Part B. - Standard information form for package travel contracts in situations other than those covered by Part A
The combination of travel services offered to you is a package tour within the meaning of Directive (EU) 2015/2302, transposed by the Act of 21 November 2017 on the sale of package travel, related travel services and travel services. You will therefore benefit from all the rights granted by the European Union applicable to package travel. The organiser will be entirely responsible for the proper execution of the package tour as a whole. In addition, as required by law, Eagle Travail SA has protection to refund your payments and, if transport is included in the package, to ensure your repatriation in the event that it becomes insolvent.

Essential rights under Directive (EU) 2015/2302:
- Travellers will receive all the essential information on the package tour before concluding the package tour contract.
- There is always at least one professional who is responsible for the proper execution of all the travel services included in the contract.
- Travellers are given an emergency telephone number or contact details for the organiser or travel agent.
- Travellers may transfer their package holiday to another person, subject to reasonable notice and possible additional charges.
- The price of the package tour may only be increased if specific costs increase (e.g. fuel prices) and if this possibility is explicitly provided for in the contract, and in any case may not be changed less than twenty days before the start of the package tour. If the price increase exceeds 8 % of the package price, the traveller may cancel the contract. If the organiser reserves the right to increase the price, the traveller is entitled to a price reduction in the event of a reduction in the corresponding costs.
- Travellers may cancel the contract without paying cancellation fees and receive a full refund of payments made if any of the essential elements of the package tour, other than the price, undergoes a significant change. If, before the start of the package tour, the professional responsible for the package tour cancels it, travellers may obtain a refund and compensation, if applicable.
- Travellers may cancel the contract without paying cancellation charges before the start of the package in the event of exceptional circumstances, for example if there are serious safety problems at the destination that are likely to affect the package tour. - In addition, travellers may cancel the contract at any time before the start of the package tour, subject to payment of appropriate and justifiable cancellation charges.
- If, after the start of the package tour, important elements of the tour cannot be provided as planned, appropriate alternative services must be offered to travellers at no extra charge. Travellers may cancel the contract without paying cancellation charges if the services are not performed in accordance with the contract, if this significantly disrupts the package tour and if the organiser does not remedy the problem.
- Passengers are also entitled to a price reduction and/or compensation in the event of non-performance or poor performance of travel services.
- The organiser must provide assistance if the passenger is in difficulty.
- If the organiser or retailer becomes insolvent, the amounts paid will be reimbursed. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package tour and if transport is included in the package tour, the repatriation of travellers is guaranteed. Eagle Travel SA has taken out insolvency protection with the insolvency protection organisation referred to in Eagle Travel SA's general terms and conditions. Travellers may contact this organisation or, if necessary, the competent authority if they are refused services due to the insolvency of Eagle Travel SA.

Part C. - Standard information form when the package organiser sends data to another professional in accordance with Article 2, 2°, paragraph 1, b. 5)
If you enter into a contract with a third-party company within 24 hours of receiving confirmation of the booking from Eagle Travel SA, the travel service provided by Eagle Travel SA and the third-party company will constitute a package travel within the meaning of Directive (EU) 2015/2302, transposed by the Law of 21 November 2017 on the sale of package travel, related travel services and travel services. As a result, you will benefit from all the rights granted by the European Union applicable to package travel. In addition, as required by law, the company Eagle Travel SA has protection to refund your payments and, if transport is included in the package holiday, to ensure your repatriation in the event that it becomes insolvent.

For more information on essential rights under Directive (EU) 2015/2302 [https://eur-lex.europa.eu/legal-content/FR/TXT/PDF/?uri=CELEX:32015L2302&from=FR].
By clicking on the hyperlink, travellers will receive the following information:
- Travellers will receive all essential information on travel services before concluding the package travel contract.
- There is always at least one professional who is responsible for the proper execution of all the travel services included in the contract.
- Travellers are given an emergency telephone number or contact details for the organiser or travel agent.
- Travellers may transfer their package holiday to another person, subject to reasonable notice and possible additional charges.
- The price of the package tour may only be increased if specific costs increase (e.g. fuel prices) and if this possibility is explicitly provided for in the contract, and in any case may not be changed less than twenty days before the start of the package tour. If the price increase exceeds 8 % of the package price, the traveller may cancel the contract. If the organiser reserves the right to increase the price, the traveller is entitled to a price reduction in the event of a reduction in the corresponding costs.
- Travellers may cancel the contract without paying cancellation fees and receive a full refund of payments made if any of the essential elements of the package tour, other than the price, undergoes a significant change. If, before the start of the package tour, the professional responsible for the package tour cancels it, travellers may obtain a refund and compensation, if applicable.
- Travellers may cancel the contract without paying cancellation fees before the start of the package tour in the event of exceptional circumstances, for example if there are serious safety problems at the destination that are likely to affect the package tour.
- In addition, travellers may cancel the contract at any time prior to the start of the package tour, subject to payment of appropriate and justifiable cancellation charges.
- If, after the start of the package tour, important elements of the tour cannot be provided as planned, appropriate alternative services must be offered to travellers at no extra charge. Travellers may cancel the contract without paying cancellation charges if the services are not performed in accordance with the contract, if this significantly disrupts the package tour and if the organiser does not remedy the problem.
- Passengers are also entitled to a price reduction and/or compensation in the event of non-performance or poor performance of travel services.
- The organiser must provide assistance if the passenger is in difficulty.
- If the organiser or retailer becomes insolvent, the amounts paid will be reimbursed. If the organiser or, where applicable, the retailer becomes insolvent after the start of the package tour and if transport is included in the package tour, the repatriation of travellers is guaranteed. Eagle Travel SA has taken out insolvency protection with the body responsible for insolvency protection referred to in Eagle Travel SA's general terms and conditions. Travellers can contact this entity or, if necessary, the competent authority if they are refused services due to the insolvency of Eagle Travel SA.
Directive (EU) 2015/2302, transposed by the Act of 21 November 2017 on the sale of package travel, related travel services and travel services [http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=2017112104&table_name=loi].

ANNEX II

Part A. - Standard information form where the professional facilitating an online tied travel service within the meaning of Article 2(5)(a) is a carrier selling a return ticket
If, after choosing a travel service and paying for it, you book additional travel services for your holiday trip or holiday stay through another company, you will NOT benefit from the rights applicable to package travel under Directive (EU) 2015/2302, transposed by the Act of 21 November 2017 on the sale of package travel, related travel services and travel services. Therefore, our company will not be responsible for the proper execution of these additional travel services. In the event of a problem, please contact the relevant service provider. However, if you book additional travel services during the same visit to our booking website, the travel services will form part of a linked travel service. In this case, Eagle Travel SA has, as required by European Union law, protection to reimburse the sums you have paid to it for services that have not been performed due to its insolvency and, if necessary, for your repatriation. Please note that there is no provision for reimbursement in the event of the insolvency of the service provider concerned.

For more information on insolvency protection : http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=2017112104&table_name=loi
By clicking on the hyperlink, travellers will receive the following information:
Eagle Travel SA has taken out insolvency protection with the insolvency protection body referred to in Eagle Travel SA's general terms and conditions. Passengers may contact this entity or, where appropriate, the relevant authority if they are denied services due to the insolvency of Eagle Travel SA. Note: this protection against insolvency does not apply to contracts with parties other than Eagle Travel SA which can be performed despite the insolvency of Eagle Travel SA.
Directive (EU) 2015/2302, transposed by the Act of 21 November 2017 on the sale of package travel, related travel services and travel services [http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=2017112104&table_name=loi].

Part B. - Standard information form where the trader facilitating an online tied travel service within the meaning of Article 2(5)(a) is a trader other than a carrier selling a return ticket
If, after choosing a travel service and paying for it, you book additional travel services for your holiday trip or holiday stay through another company, you will NOT benefit from the rights applicable to package travel under Directive (EU) 2015/2302, transposed by the Act of 21 November 2017 on the sale of package travel, linked travel services and travel services. Therefore, our company will not be responsible for the proper execution of individual travel services. In the event of any problems, please contact the relevant service provider. However, if you book additional travel services during the same visit to our booking website, the travel services will form part of a linked travel service. In this case, Eagle Travel SA has, as required by European Union law, protection to refund sums paid by you to Eagle Travel SA for services which have not been performed due to its insolvency. Please note that there is no provision for reimbursement in the event of the insolvency of the service provider concerned.

For more information on insolvency protection [http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=2017112104&table_name=loi].
By clicking on the hyperlink, the traveller will receive the following information: Eagle Travel SA has taken out insolvency protection with the body responsible for insolvency protection referred to in Eagle Travel SA's general terms and conditions. Passengers may contact this entity or, where appropriate, the relevant authority if they are denied services due to the insolvency of Eagle Travel SA. Note: this protection against insolvency does not apply to contracts with parties other than Eagle Travel SA which can be performed despite the insolvency of Eagle Travel SA.
Directive (EU) 2015/2302, transposed by the Act of 21 November 2017 on the sale of package travel, related travel services and travel services [http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=2017112104&table_name=loi].

Part C. - Standard information form in the case of linked travel services within the meaning of Article 2(5)(a), where contracts are concluded in the simultaneous presence of the professional (other than a carrier selling a return ticket) and the traveller
If, after choosing a travel service and paying for it, you book additional travel services for your holiday trip or holiday stay through another company, you will NOT benefit from the rights applicable to package travel under Directive (EU) 2015/2302, transposed by the Act of 21 November 2017 on the sale of package travel, linked travel services and travel services. Therefore, our company will not be responsible for the proper execution of individual travel services. In the event of any problems, please contact the relevant service provider. However, if you book additional travel services during the same visit or contact with our company, the travel services will form part of a linked travel service. In this case, Eagle Travel has, as required by European Union law, protection to refund sums paid by you to Eagle Travel for services that have not been performed due to its insolvency. Please note that there is no provision for reimbursement in the event of the insolvency of the service provider concerned. Eagle Travel SA has taken out insolvency protection with the insolvency protection body referred to in Eagle Travel SA's general terms and conditions. Travellers may contact this entity or, where appropriate, the competent authority (contact details including name, geographic address, email address and telephone number) if they are denied travel services due to the insolvency of Eagle Travel SA. Note: this protection against insolvency does not apply to contracts with parties other than Eagle Travel SA which can be performed despite the insolvency of Eagle Travel SA. [http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=2017112104&table_name=loi].

Part D. - Standard information form where the professional facilitating an online tied travel service within the meaning of Article 2(5)(b) is a carrier selling a return ticket
If you book additional travel services for your holiday trip or holiday stay, you will NOT benefit from the rights applicable to package travel under Directive (EU) 2015/2302, transposed by the Act of 21 November 2017 on the sale of package travel, related travel services and travel services. Therefore, our company will not be responsible for the proper execution of these additional travel services. In the event of a problem, please contact the relevant service provider. However, if you book additional travel services within 24 hours of receiving confirmation of the booking from our company, these travel services will form part of a linked travel service. In this case, Eagle Travel SA has, as required by European Union law, protection to reimburse the sums you have paid to it for services that have not been performed due to its insolvency, and, if necessary, for your repatriation. Please note that there is no provision for reimbursement in the event of the insolvency of the service provider concerned.

For more information on insolvency protection [http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=2017112104&table_name=loi].
By clicking on the hyperlink, the traveller will receive the following information: Eagle Travel SA has taken out insolvency protection with the body responsible for insolvency protection referred to in Eagle Travel SA's general terms and conditions. Passengers may contact this entity or, where appropriate, the relevant authority if they are denied services due to the insolvency of Eagle Travel SA. Note: this protection against insolvency does not apply to contracts with parties other than Eagle Travel SA that can be performed despite the insolvency of Eagle Travel SA. Directive (EU) 2015/2302, transposed by the Act of 21 November 2017 on the sale of package travel, related travel services and travel services [http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=2017112104&table_name=loi].

Part E. - Standard information form where the trader facilitating an online tied travel service within the meaning of Article 2(5)(b) is a trader other than a carrier selling a return ticket
If you book additional travel services for your holiday trip or holiday stay, you will NOT benefit from the rights applicable to package travel under Directive (EU) 2015/2302, transposed by the Act of 21 November 2017 on the sale of package travel, related travel services and travel services. Therefore, our company will not be responsible for the proper execution of these additional travel services. In the event of a problem, please contact the relevant service provider. However, if you book additional travel services within 24 hours of receiving confirmation of the booking from our company, these travel services will form part of a linked travel service. In this case, Eagle Travel SA has the protection, as required by European Union law, to reimburse the sums you have paid to it for services that have not been performed due to its insolvency. Please note that there is no provision for reimbursement in the event of the insolvency of the service provider concerned.
For more information on insolvency protection [http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=2017112104&table_name=loi].
By clicking on the hyperlink, the traveller will receive the following information: Eagle Travel SA has taken out insolvency protection with the body responsible for insolvency protection referred to in Eagle Travel SA's general terms and conditions. Passengers may contact this entity or, where appropriate, the relevant authority if they are denied services due to the insolvency of Eagle Travel SA. Note: this protection against insolvency does not apply to contracts with parties other than Eagle Travel SA which can be performed despite the insolvency of Eagle Travel SA.
Directive (EU) 2015/2302, transposed by the Act of 21 November 2017 on the sale of package travel, related travel services and travel services [http://www.ejustice.just.fgov.be/cgi_loi/change_lg.pl?language=fr&la=F&cn=2017112104&table_name=loi].