Terms and Conditions of use
1. SCOPE OF APPLICATION OF TERMS AND CONDITIONS OF USE
1.1 The current terms and conditions of use regulate usage of the Website www.gitesdewallonie.be and www.belholidays.com (mentioned hereafter as « Website »), of its content and data collection. These terms and conditions apply to booking of services or tourist products created by the User, from the Website, from an affiliated Service Provider.
1.2 Any use of the Website is subject to accepting and respecting the current terms and conditions of use.
1.3 These terms and conditions are available in English, Dutch, German and French.
1.4 The current terms and conditions may be subject to immediate change and without notice. Any updated terms and conditions on the Website will be effective immediately to all new bookings of services and tourist products that are validated and confirmed by the User.
1.5 It is possible to consult the terms and conditions of use at any time from any of the pages in the Website.
The User has the possibility to conserve these terms and conditions by saving them on a computer hard drive or on any other suitable format or printing them on paper for reference at any moment. The User is exclusively responsible for this conservation.
1.6 It is brought to the attention of the User that booking of tourist services or products through the Website is done so in accordance of current terms and conditions of use as well as commercial terms and conditions for affiliated service suppliers of booked services and products.
1.7 Specific commercial terms and conditions for each Service Provider are available through a hyperlink displayed during the booking process, and within the email for booking confirmation received after payment.
2.1 Any booking validated and confirmed through the Website is subject to full acknowledgement and acceptance of current terms and conditions of use and commercial terms and conditions of the affiliated Service Provider for requested services or products by the User, by clicking and selecting the assigned box on the Website interface.
2.2 Without this acceptance, continuing the booking process is technically impossible.
3. SUBJECT-MATTER AND DESCRIPTION OF THE WEBSITE «www.gitesdewallonie.be»
3.1 The Website www.gitesdewallonie.be is edited by the non-profit organization “Fédération des Gîtes de Wallonie”, otherwise abbreviated as “FGDW”, headquartered at Avenue de Prince de Liège 1/21 à 5100 Namur, Belgium.
3.2 Through the Website, FGDW supply an online booking platform (www.gitesdewallonie.be) for tourist services and products (accommodation, entrance tickets for specific museums and other tourist attractions, packages including entrance tickets with accommodation and other related items) that are made commercially available to Users on the Website of affiliated Service Suppliers.
3.3 The Website consists of a “tourist commercial platform” managed through communication gateways and “Open System” technology developed by “ALLIANCE RESEAUX” SAS France, headquartered at 26 Rue Saint Exupéry, 73300 Saint-Jean-de-Maurienne, France with the registration number of 393953278 from the Commercial Court of Chambery.
3.4 The primary function of the Website serves public interest and allows affiliated Service Providers to transmit and sell available tourist services or products and leisure activities in real-time.
3.5 Tourist products or services proposed by our affiliated Service Providers on the Website are exclusively provided and managed by www.gitesdewallonie.be. Commercial terms and conditions are under the responsibility of such affiliated Service Providers. Every User shall acknowledge commercial terms and conditions of each affiliated Service Supplier of desired services or products before any validation and confirmation of booking.
3.6 FGDW transmits tourist services or products on its Website only as an intermediary between the Website User and affiliated Service Provider. That said, by booking through an intermediary, the User directly commits to a contractual agreement with the affiliated Service Provider concerned by the booking.
3.7 However, FGDW may occasionally propose packages including different tourist services and/or products (entrance tickets to museums, accommodation services, restaurant…) directly as FGDW or on its own behalf.
3.8 In this case, FGDW-proposed packages on the Website are exclusively provided by and managed under its full responsability. These packages are thus subject to current terms and conditions of use as well as FGDW commercial terms and conditions applicable to the proposed packages and available on the Website.
3.9 It is important to emphasise that in the latter instance, FGDW directly enters into a contractual agreement with the User. That said, the User must directly contact FGDW for any enquiry or claim concerning the booking, or for any modification or cancellation request of booking according to instructions and clauses contained in FGDW commercial terms and conditions that is specific to the concerned package.
3.10 Tourist services or products proposed by the Website are exclusively for personal use and are not intended for commercial use and of which there is no commercial or competitive purpose.
4. ONLINE CONTRACTUALISATION PROCESS APPLICABLE TO ALL TOURIST PRODUCTS OR SERVICES
4.1 The Website User that books or buys any proposed tourist service or product, must be at least 18 years old, must be legally capacle to enter into contract and use the Website in accordance with terms and conditions of use in effect at the time of final confirmation of booking.
4.2 The online booking process consists of four steps, namely :
- Step 1: Through the “add to cart ” tab, the User selects one or many services or products to be added to his or her cart ;
- Step 2: Once the contents of the cart are decided, the User enters personal details in the mandatory fields of the booking form (family name, first name, address…) and validates the inserted information;
- Step 3: The User unconditionally accepts current terms of conditions of Website use and commercial terms and conditions specific to each booked service or product;
- Step 4: The User performs a final validation of the booking after recording and confirming banking details to pay for the booking through the secured online payment system put in place by the Website.
4.3 It is brought to the attention of the user that personal information recorded by the user in the online booking form is transmitted to the Service Provider concerned by the booking.
4.4 At the end of the 4th step of the online contratractualisation process, the booking made by the User becomes permanent.
4.5 As a matter of fact, available time slots for the Service Provider are displayed in real-time on the Website through the database maintained by the Service Provider. However this data is only considered approximate when considering the number of simultaneous transactions on different platforms of use (web, telephone, email). If conflicting bookings occur, the Service Provider must contact the User in order to find a solution that suits the User or else provide a refund.
4.6 A confirmation email automatically (through Open System) goes from the Service Provider of the booked service or product to the User. This email includes the price paid, the User address, as well as terms and conditions specific to the Service Provider and the booking, in which there is a possibility for the User to modify or cancel the booking.
4.7 This confirmation email automatically (through Open System) goes to the inbox of the email address recorded in the booking form of the User. The User must ensure that recorded details from the booking are accurate.
4.8 In the case where the User does not receive an email of booking confirmation, it is up to the User to directly contact the concerned Service Provider.
5. NO RIGHT OF WITHDRAWAL
5.1 In accordance with article VI.53 of the Belgian Code of Economic Law, the User does not have the right to withdraw bookings for “a ccommodation services (others except residential means), transport, car rental, restaurant or services linked to leisure activities”, whether being booked collectively on the Website under a tourist package or separately, for a date or according to a specific period.
6. MODIFICATION OR CANCELLATION OF A BOOKING
6.1 All bookings made on the Website, once confirmed, cannot be modified afterwards by the User. This is why it is important for the User to verify that data recorded is complete and accurate before confirming any validated booking.
6.2 Any modification request must be directly addressed to the concerned affiliated Service Provider according to instructions provided in the confirmation email for the booking. The modification request will be processed by the affiliated Service Provider according to their specific commercial terms and conditions, of which FGDW is considered as a third party.
6.3 In principle, the User also has the possibility to cancel a booking made on the Website. The cancellation must be done with the Service Provider within the stated limit date and according to the modalities and clauses stated in commercial terms and conditions of the concerned Service Provider, as accepted by the User duing the booking process on the Website and of which, FGDW is considered as a third party.
6.4 Any allowed refund of User transactions from booking on the Website, due to cancellation or booking modification, lie with the concerned Service Provider according to commercial terms and conditions, without FGDW inclining any intervention or responsability.
6.5 The User should also be aware that a cancellation of a booking may result in expenses according to commercial terms and conditions of the Service Provider. Also, in some cases (special offers, packages, promotions, etc.), it may also be possible that the User cannot claim a full refund on the Website through the affiliated Service Provider in case of booking cancellation.
6.6 The User must be aware of commercial conditions of the concerned affiliated Service Provider, in addition to current terms and conditions of use, before making a booking. As a reminder, by making a booking, the User is invited during the booking process to acknowledge current terms and conditions of use of the concerned service provider, and to accept these commercial conditions by clicking of the corresponding box, without which the booking process is possible.
7.1 Prices of services and products proposed on the Website are expressed in euro and include all taxes and charges, except if mentioned on the Website or in the booking confirmation email.
7.2 The prices displayed in the Website are those that are practiced by affiliated Service Providers through different commercial streams (excluding exceptional promotions that are directly proposed by the Service Provider under special circumstances).
7.3 The prices may be subject to change by the affiliated Service Providers. Changed prices are updated over time on the Website to align with latest prices of the affiliated Service Provider.
7.4 In any case, prices charged to the User are those displayed on the Website by the affiliated Service Provider at the time of final confirmation of the booking by the User.
7.5 All special or promotional offers are expressed as shown.
8.1 The payment of the total price of services is performed online through FGDW, at the time of the booking (Step 4 of the booking process), by credit card through the secured online payment system put in place by the Website.
8.2 This online payment system makes it possible to simultaneously manage additional sales of several services or products coming from different service Providers through a single payment which is broken down by FGDW and redistributed proportionally by SEPA transfer to each Service Provider.
8.3 Any change made to an existing and confirmed booking by the User on the Website (number of people, additional services, etc.), resulting in price increases or additional costs for the user, must be directly paid by the User to the concerned Service Provider.
8.4 As a reminder, any refunds of transactions made by the User on the Website are to be made directly by the concerned Service Provider, according to its own commercial terms and conditions.
9. FGDW RESPONSABILITY
9.1 As mentioned above in clause 3.6, FGDW only acts under the role of an intermediary between the User and the Service Provider. That said, FGDW cannot be held responsible for any form of prejudice against the User resulting directly in indirectly in:
- Partial or total non-execution of the contract directly agreed between the User and the Service Provider, of which FGDW are a third party;
- Any errors, inaccuracies or incomplete information for the proposed service or product of the concerned Service Provider that is displayed on the Website.
It must be emphasised that the information provided by FGDW on the Website is based on information recorded by relevant Service Providers. Only the Service Provider of the service or product is accountable for accurate, complete and exact information of its information on the Website, including pricing and availabilties.
9.2 In addition, FGDW cannot be held accountable for any form of prejudice against the User by direct or indirect cause from the Website being temporarily unavailable (due to technical problems, updating, etc.) or a connection problem with the Website, occurring during the booking process.
9.3 In addition, FGDW cannot be held accountable for any form of prejudice against the User by direct or indirect cause from entering errors when recording personal information in the booking form, or even in cases of fraudulent use of a credit card through a third party.
9.4 FGDW does not engage in any way with Website Users in terms of the quality of tourist services or products sold on the FGDW Website or on behalf of affiliated Service Providers.
9.5 Links directing to other external websites do not engage the responsability of FGDW by any means, as FGDW do not have any control over the content of these websites. In consequence, FGDW cannot undertake any responsibility in terms of content, advertising, products, services or any other tool available on or from these websites or external sources that have not been verified nor approved, nor taken as accountable for any prejudice in consequence or in relation to use of these links.
10. INTELLECTUAL PROPERTY
10.1 The Website and included elements (information, Website overview, architecture, logos, texts, graphics, photos, images, illustrations, software, etc.) are exclusively owned by FGDW and/or by its contributors of content, licensees of operating software used by the Website, tourism partners and stakeholders.
10.2 That said, the User is forbidden to partially or fully reproduce, modify, exploit, integrate or use by any means, content and compiled information from the Website without advance and written authorization from FGDW.
11.1 If a certain clause of existing terms and conditions are declared impossible to perform or are invalid, either fully or partially, the concerned clause will be declared no longer belonging to terms and conditions of use. All other remaining clauses of terms and conditions of use are in no way affected.
11.2 Furthermore, when required, the clause declared invalid or impossible to perform will be retroactively replaced at the time of the contract being initially in effect online, by another valid and viable clause, of which would as similar as juridically possible to the previous clause that was invalid or impossible to perform.
12. APPLICABLE LAW AND LITIGATION
12.1 Current terms and conditions of use and delivery of our services are exclusively regulated and interpreted in accordance with Belgian law.
12.2 Any difference and/or opposition resulting from delivery of our services and/or from validity, from understanding and/or from applying current terms and conditions of use, will be subject to the exclusive jurisdiction of the Namur district courts.