1. Offers – Conclusion of contract
All contracts and tenders benefits for the DINANT EVASION LTD are subject to the present general terms and conditions, excluding those of the client.
All rates quoted in the offers of the DINANT EVASION LTD are valid for a period of three weeks, unless otherwise specified in the offer.
The contract is concluded upon written acceptance of the offer by the customer within the period of validity of the offer.
Only payment of the deposit required, within the time limit stipulated in the offer, will definitively confirm the booking.If failure of payment of the deposit, the booking is not confirmed, the SA DINANT EVASION reserves the right to cancel the offer at any time, without compensation to the customer and without prejudice to the possibility of requesting the client payment of the lump sum provided for in case of cancellation before advance payment provided for in article 6 of these general conditions.
An official order form of the client will be able to definitively confirm a reservation after explicit acceptance of the DINANT EVASION LTD for each case. The general terms and conditions attached to the official order form of the client are not of application.
3. Services object
3.1. Services which are the subject of the contract are described in the offer. All services offered in DINANT EVASION LTD offers agree « service included », which includes material handling for the descent of the river Lesse, supervision by certified instructors for adventure activities, service during meals, and crew during cruises.
Unless otherwise specified in the offers, no attendant is specifically intended to supervise the day. The customer is solely responsible for maintaining the overall planning of the programme and any transfers between activities.
3.2. The DINANT EVASION LTD can not be held responsible for changes in weather conditions or any other exceptional circumstance that would result in the cancellation or modification of services described in the offer.
Are thus particularly referred the following circumstances :
The kayak trip down the river Lesse may be exceptionally closed in case of drought or flood.
Cruises on the river Meuse may be exceptionally prohibited in cases of drought, flood or major frost.
Cruises on the river can be disrupted by technical incidents at the locks. In this case, the DINANT EVASION LTD undertakes to make every effort to adapt the cruise. If it turns out that it should be shortened significantly, the DINANT EVASION LTD undertakes not to charge for the unrealized part.
Cruises on the river Meuse can be disrupted by technical problems with the vessel. To the extent as possible, the DINANT EVASION LTD will propose a replacement boat without guaranteeing the realization of the offer in its entirety and catering specifically. In case of serious damage, the SA LESSE KAYAKS reserves the right to cancel a cruise without compensation other than the reimbursement of the prepayment received.
Insofar as possible, the DINANT EVASION LTD will propose a replacement activity whose price will be communicated in writing no later than the beginning of the day of the activity.
In case of forced cancellation, the DINANT EVASION LTD undertakes to reimburse the prepayment received. However, no additional charge may be claimed.
3.3. Furthermore, the DINANT EVASION LTD and its staff reserve the right to temporarily or permanently suspend any programme during the safety of participants or infrastructure might not be guaranteed, and that for reasons beyond its control and/or result of inappropiate behaviour of participants who do not respect the rules of the activity, in which case, no refund can be claimed by the customer.
4. Services changes requested by the customer
4.1. After acceptance of the offer and from the third modification of the programme and/or the number of participants, a lump sum of 10 € will be charged for each change.
4.2. The final invoice will be established on basis of the number of participants specified in the offer, or communicated in writing, no later than 15 calendar days before the date of delivery. The invoice will be increased related to additonal potential participants that the customer would have invited at the last minute.
4.3. A decrease of 10% of the number of participants may be tolerated and not invoiced up to 5 days before the event, with prior written approval of the DINANT EVASION LTD.
4.4. Any request for additional on-site service will be charged at the price of 20 € VAT included per half an hour started and for staff present.
5. Customer delays
5.1. Tolerated delays :
For adventure activities, a 30 minute delay is tolerated.
For the descent of the river Lesse :
- For the 12 km journey from Gendron, reservations are valid up to 13 :00 p.m. It is imperative to board before 14 :30 p.m.
- For the 21 km journey from Houyet, reservations are valid up to 11 :00 a.m. It is imperative to board before 12 :30 p.m.
For cruises on the river Meuse, a 30 minute delay is tolerated for private cruises. No delay will be accepted for scheduled cruises.
For meals, a 30 minute delay is tolerated. However, the SA DINANT EVASION cannot be held responsible for the impact of the delay on the quality of the proposed meal.
5.2. Any delay on the part of the customer from the time of arrival planned in the offer (and not referred to in article 5.1. or exceeding what is tolerated) will be considered as a modification of the programme on part of the customer, and more specifically as an application of supplementary benefit within the meaning of article 4.4. of these general conditions.
Failure to pay additional costs, the customer can opt for the cancellation of certain activities, without the responsibility of the SA LESSE KAYAKS being called into question and without any discount or refund is granted.
5.3. The schedules indicated in our offers include reasonable transfer time between activities. In the event that the SA LESSE KAYAKS does not provide transfers between activities, it is not liable for possible delays that occur when travelling for reasons which are beyond its control.
6. Customer cancellation
In case of service cancellation (the cancellation must be notified in writing) by the client and will be liable for the payment of the following amounts :
If the cancellation occurs before the time limit for the payment of a deposit, compensation for loss of 100 € will be due to cover administrative costs.
If cancellation occurs after payment of deposit and more than 15 days in advance, a penalty compensation equal to 50% of the total amount provided shall be due, with a minimum amount of the deposit ;
If cancellation occurs after payment of a deposit and less than 15 days in advance, a penalty compensation equal to 100% of the the total amout provided shall be due.
7. Liability and Insurance
7.1. DINANT EVASION LTD is guaranteed civil liability operation. The DINANT EVASION LTD is therefore responsible for the quality of equipment, infrastructure and supervision.
7.2. Activities take place in a natural environment. Everyone must must be normally cautious and diligent and adapt their behavior to the circumstances.
If its a physical activity , participants must be in good health and must not be suffering from any conditions or contraindication to exercise that activity.
The DINANT EVASION LTD declines all responsibility for accidents in non-compliance with the safety rules that are imposed or the requirements stated in terms and conditions.
Safety rules include the necessity to respect and follow staff instructions of the DINANT EVASION LTD proposed activities.
7.3. The responsibility of contractual or extra-contractual linked to the performance of the contract is in any case limited to the amount covered by the accident insurance.
Any claims about the quality of services of the DINANT EVASION LTD must be imperatively submitted and recorded the same day of the event by the on-site manager or your case manager. Retrospectively complaints will be considered unverifiable and not give right to any discount, refund or commercial gesture.
9. Payment terms
9.1. The customer who wishes to obtain an invoice must indicate upon acceptance of the offer. In any event, any accounting document must be claimed on the day of delivery and will be sent by mail as soon as possible.
In the event of late application for the establishment of an invoice, an administrative fee of 40 € may be claimed.
9.2 The balance of benefits is payable in cash the day of the arrival of the customer. Any delays of payment will be subject to a prior written approval.
Any unpaid amount on the due date will automatically and without prior notice at an interest rate of 12% the year until full payment.
Furthermore, the invoice will then be automatically increased and without notice of a percentage of 15% as a lump sum, with a minimum of 40 €.
9.3. Failure of payment of an invoice on the due date makes immediately payable all amounts due regardless of the payment facilities granted previously.
10. Competent courts and applicable law
In any disputes, only the courts of the district of Dinant and Marche-en-Famenne are competent and the Belgian law is applicable, unless it was expressly agreed otherwise. In the case where the customer has its registered headquarters or residence outside the territory of Belgium, the DINANT EVASION LTD can choose to act before the local jurisdiction within the head office or the client's residence.