SA Dinant Evasion (hereinafter called « Dinant Evasion ») has its head office located Place Baudouin 1er, n°2 and is registered at BCE under number BE 0474 452 437.
Phone : +32 (0)82/22.43.97
Email : firstname.lastname@example.org
IBAN : BE35 6528 1666 7637
BIC : BBRUBEBB
The following general terms and conditions (hereinafter called « General Conditions ») are intended to define the rights and obligations of the parties concerned by the service delivery of Dinant Evasion.
These General Terms and Conditions also apply to Internet users of the website https://www.dinant-evasion.be (hereinafter "the Website").
1. Knowledge and acceptance of these Terms and Conditions
The General Conditions are at any time available on PDF format on the Website https://www.dinant-evasion.be.
These General Conditions may be amended at any time by DINANT EVASION depending on the evolution of the applicable rules and its own needs. The new conditions apply as soon as they are published on DINANT EVASION Website. It is the Customer's responsibility to check the conditions applicable during his visit to the Website or when accepting the Offer transmitted by DINANT EVASION.
By requesting an Offer or confirming an Order at Dinant Evasion, the Customer is considered as having agreed the last version of the General Conditions as available on the Website.
Customer : any natural or legal person who subscribes for Services from DINANT EVASION;
Force Majeure : any delay, execution failure, damage, loss or destruction, or malfunction affecting the Service, or any consequence thereof, caused or occasioned by or due to force majeure event, such as, but not limited to, flooding, inclement weather, storms, floods, droughts, fire, earthquakes, destruction by thunderbolt, power outages, explosions, wars, riots, destruction of machinery or equipment, unavailability of means of transport, malfunctions or interruptions in the electrical network or telecommunication, strikes, occupancy of premises, work stoppages, acts or omissions of third parties, or any other cause beyond the reasonable control of DINANT EVASION preventing the normal performance of the contract and which cannot be resolved by reasonable measures ;
Intellectual Property Rights : all patents, copyrights, design rights, trademark rights, trade name, trade secret, skill, database right, and any other intellectual property right (registered or not) and all applications of these throughout the world;
Internet User : anyone who visits DINANT EVASION Website and, if applicable, uses the contact form of the Website.
Offer : any proposed schedule and pricing relating to a Service issued by DINANT EVASION (by email, telephone or via automatic payment stations) following a request from the Customer (whether transmitted via the Website, by email, by telephone or on-site via automatic payment stations) for the providing of Services;
Order Confirmation (or booking confirmation): contractual document identifying the Services and terms of execution of the Services transmitted by email and / or by mail by DINANT EVASION to the Customer;
Services : all services provided by DINANT EVASION, as defined in the Order Confirmation;
Website : DINANT EVASION Website accessible on the URL https://www.dinant-evasion.be.
3. Offer and Order Confirmation
When receiving a request from the Customer, DINANT EVASION issues an Offer describing the Services and rates and submits it to the Customer. All rates quoted in DINANT EVASION Offer are valid for a maximum of 3 weeks, unless expressly otherwise stated in the Offer.
Any Offer is, by nature, non-final and may be subject to changes until the Customer approval or DINANT EVASION Order Confimation. Any Offer is therefore subject to the subsequent Order Confirmation, following Customer's agreement. Only the Order Confirmation sent by DINANT EVASION to the Customer makes binding commitments and constitutes the contract between the parties.
4. Price and payment
4.1. Payment of a deposit may be requested by DINANT EVASION. The amount of the deposit requested and the payment period are stipulated in the Order Confirmation. In the absence of payment of the amount indicated within the specified period, DINANT EVASION reserves the right to terminate the contract, without prior warning and without compensation to the Customer, and without altering the possibility of asking the Customer the payment of the fixed amount provided in case of cancellation before payment of a deposit as foreseen in article 8 of these General Conditions.
4.2. The balance of the price, or in the absence of advance payment, the total price, is payable at the latest on the day of execution of the Services by DINANT EVASION. Any delay in payment will be submit to a prior written agreement of DINANT EVASION.
4.3. The Customer who wishes to obtain an invoice must specify it at the latest when accepting the Offer. The requested invoice will be sent by post as soon as possible.
In the event of an invoice request sent to DINANT EVASION after the day of execution of the Services covered by the invoice, an administrative fee of 40 € TTC may be claimed.
DINANT EVASION reserves the right to refuse to establish an invoice if the request for the establishment of this invoice is sent to DINANT EVASION after expiry of a reasonable time following the performance of the Services covered by the invoice and / or without proof of payment of the Services.
4.4. Any amount unpaid at the end of the term will automatically and without prior notice lead to a 12% interest per year until the day of receipt of total payment.
In addition, the unpaid balance will be increased automatically and without prior notice of a percentage of 15% as lump-sum, with a minimum of 40 €.
Administrative costs will also be charged to the Customer from the sending of the third reminder.
4.5. Failure to pay an amount at the fixed deadline makes all amounts immediately due, regardless of the payment facilities previously granted.
5. Scope of the Services
5.1. Services which are subject to the contract are the ones described in the Order Confirmation. All Services described in DINANT EVASION Order Confirmation are « service included », meaning that they include material handling for the descent of the river Lesse, supervision by certified instructors for adventure activities, service during meals, and crew services during cruises. These Services are performed in accordance with best practices for this type of services, excluding any terms and conditions not specifically agreed in the Order Confirmation.
Unless otherwise stated in the Order Confirmation, no attendant is specifically provided to supervise the day. The Customer is solely responsible for compliance with the general schedule of its program and any transfers between activities.
6. Services modification requested by the Customer
6.1. Any modification of the Services occurring after the Order Confirmation must be the subject of a prior written agreement by DINANT EVASION and, if applicable, a new Order Confirmation.
From the third Services modification, a lump-sum of 10€ including taxes will be charged for each modification.
6.2. The final account will be based on the number of participants specified in the offer, or written communicated at last 15 calendar days before the date of the service. The bill will be increased by the costs of any additional participants that the Customer may have invited in last minut.
6.3. A reduction of maximum 10% of the number of participants may be tolerated and not invoiced up to 5 days before the event, with the prior written consent of DINANT EVASION.
6.4. Any on-site request for additional Services, subject to agreement by DINANT EVASION, will be invoiced at the price of € 20 excl. VAT per half-hour started and per staff member present. Without modification to the foregoing, if this request concerns the extension of occupancy of a boat, it will be invoiced at the price of 300 € excl. VAT per hour started.
7. Customer's delay
7.1. Allowed delays :
For "Adventure" activities, a delay of up to 30 minutes is tolerated. In this case, the duration of the activity will be reduced by the delay in order to make the program finish at the initially scheduled time.
For the kayak descent of the Lesse, no boarding can take place beyond the boarding hours related to the chosen route:
- For the 12 km trip from Gendron, reservations are valid until 1 :00 pm. It is imperative to board before 2:30 pm.
- For the 21 km trip from Houyet, reservations are valid until 11 :00 am. It is imperative to board before 12:30 am.
For cruises on the Meuse, a delay of 30 minutes is allowed for private cruises. No delay will be accepted for cruises on regular service.
For meals, a delay of 30 minutes maximum is tolerated. However, DINANT EVASION cannot be held responsible for the possible impact of this delay on the quality of the proposed meal.
7.2. Any other delay of the Customer regarding to the fixed time of arrival in the Order Confirmation (and not referred to in Article 7.1 or exceeding what is tolerated) will be considered as a modification of the program from the Customer, and more specifically as a request for an additional service as described in Article 6.4. of these General Conditions.
In the absence of agreement of the Customer to pay for the additional fees, the Customer may choose to cancel some activities, without holding DINANT EVASION as responsible and without any reduction in price or refund.
If the Customer does not show up at the start of the activity without the prior agreement of DINANT EVASION, the full price will be due.
7.3. The times indicated in the Order Confirmation include a reasonable time of transfer between activities. In the event that DINANT EVASION does not provide transfers between activities, Dinant Evasion is not responsible for any delays in traveling that occurs for reasons beyond its control.
8. Cancellation of Services by the Customer
Once the Order Confirmation has occurred, in case of cancellation of the service (the cancellation must be written notified) by the Customer, the Customer will be liable for the following amounts :
- If the payment of a deposit is scheduled and the cancellation occurs before the deadline for the payment of a deposit, a compensation of 100 € will be due to cover the administrative costs;
- In all other cases, if the cancellation occurs at least 15 days before the day scheduled for the execution of the Services, a cancellation indemnity equal to 50% of the total amount of the Services provided in the Order Confirmation will be due, being in any case not lower than the amount of the deposit;
- If the cancellation occurs less than 15 days before the day scheduled for the performance of the Services, a compensation of 100% of the Services provided in the Order Confirmation will be due
9. Modification, suspension or cancellation of the Services by Dinant Evasion
9.1. DINANT EVASION cannot be considered as having failed to perform the Services if this performance is prevented or delayed by a case of Force Majeure within the meaning of these General Conditions.
9.2. In addition, DINANT EVASION cannot be held responsible for variations in weather conditions or any other exceptional circumstances that would lead to the cancellation, modification or limitation of the Services described in the Order Confirmation.
Are thus particularly considered as exceptional circumstances, the following ones:
thus particularly considered as exceptional circumstances, the following ones:
- The kayak trip down the river Lesse can exceptionally be closed or only accessible from a determined age 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 Meuse can be disrupted by technical incidents at the locks. In this case, DINANT EVASION undertakes to make every effort to adapt the cruise.
- Cruises on the river Meuse can be disrupted by technical incidents at the boats. If possible DINANT EVASION will propose a replacement boat without guaranteeing the execution of the Service in its entirety and particularly for catering.
9.3. DINANT EVASION takes all reasonable measures to limit the negative effects resulting from a case of Force Majeure or exceptional circumstances as mentioned above for the Customer and, among other things, to reduce the delay caused in the Services execution.
9.4. If possible, DINANT EVASION will propose a replacement activity of which the price will be written communicated at last on the day of the activity, before the beginning of the activity.
9.5. In case of forced cancellation, DINANT EVASION undertakes to refund the deposit. No additional deduction or compensation of any kind whatsoever may however be claimed by the Customer.
DINANT EVASION and its staff reserve the right to temporarily or permanently interrupt any Service if the security of the participants or the infrastructure could not be guaranteed, and this, for reasons beyond their control and/or due to inappropriate behavior of the Customers or participants not respecting the activity rules (such as alcohol consumption restrictions), the environment rules and/or the General Conditions.
In this case DINANT EVASION reserves the right to report any inappropriate behavior to the competent judicial authorities or the police.
The Service interruption due to inappropriate behavior of Customers and/or participants will not lead to any refund from DINANT EVASION. However, DINANT EVASION reserves the right to claim from Customers with convicted participants a compensation for the other participants/Customers who suffered from the Service interruption.
11. Liability and insurance
11.1. DINANT EVASION deploys its best efforts to provide a Website and quality Services to the Internet User. Unless otherwise stated, all the obligations assumed by DINANT EVASION are obligations of means.
11.2. A technical problem, such as a virus, a computer bug, a hostile intrusion or a malfunction of the Website cannot be excluded. DINANT EVASION can in no case be held responsible for any damages suffered by the Internet User.
The Internet User is aware that a tool such as the Website requires regular maintenance. DINANT EVASION cannot under any circumstances be held liable for any damage suffered by the Internet User in the event of temporary unavailability of the Website due to maintenance operations.
11.3. DINANT EVASION is insured against civil responsibility for operations. DINANT EVASION is liable for the equipment quality, the infrastructure and the supervision of its activities.
11.4. The activities covered by the Services take place in a natural environment. Everyone must behave as a normally cautious and diligent person would and adapt his behavior to the circumstances.
For physical activities, Customers and participants must be healthy and must not suffer from any conditions or contraindication to the exercise of that activity. DINANT EVASION is unable to control the physical condition of participants and it is therefore their sole responsibility to decide whether or not to take part in an activity for which there may be a contraindication for them.
If DINANT EVASION has any doubt about the ability of a Customer or a participant to take part in an activity, DINANT EVASION reserves the right to deny access to the participant (for example: pregnant woman with paintball, ... ). In this case, the person who has been denied the right to participate in the proposed activity, if this person could not reasonably have expected to be denied for the activity, is reimbursed of the received amounts for the concerned activity.
11.5. DINANT EVASION declines any responsibility for accidents occurring in non-compliance with the safety rules that are imposed or the requirements stated in terms and conditions.
Safety rules include the obligation to respect and follow staff instructions of DINANT EVASION while participating in the proposed activities.
DINANT EVASION declines any responsibility in case of lost or stolen items during an activity or the transfer to an activity.
Moreover, DINANT EVASION disclaims any responsibility in case of penalty or fine imposed by the authorities to the participants of an activity organized by DINANT EVASION.
Finally, DINANT EVASION declines any responsibility in case of indirect damages, including all financial or commercial loss, customer or saving loss, any business loss, any fees or general costs increase, benefits loss, brand image loss, any report or planning disturbance of the activity of the Internet User or Customer, any data loss.
11.6. Contractual or non-contractual liability related to the execution of the contract is in any case limited to the amount covered by the business insurance of DINANT EVASION, excluding any other compensation.
Any claim about the quality of the Services of DINANT EVASION must be imperatively submitted and recorded on the day of the event by the on-site manager or your account manager.
Retrospective complaints will be considered unverifiable and will not give right to any discount, refund or commercial gesture.
13. Privacy and processing of personal data
14. Website property
The entire Website, including its architecture, its design, its interface, its databases, its name, its domain name, is the exclusive property of DINANT EVASION.
No reproduction or communication to the public, in whole or in part, of the Website or any of its elements, for any purpose whatsoever other than private consultation, may be done without the prior written consent of DINANT EVASION.
Only the reference by links to the Website is authorized as long as the activation of the link causes the opening of a new browser window with display of the URL of DINANT EVASION Website.
Any reproduction of the pictures and from the Website and / or any assignment of these pictures and images for fee is strictly prohibited.
15. Competent courts and applicable law
In case of any dispute, 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. If the Customer has its registered headquarters or residence outside the territory of Belgium, DINANT EVASION s.a. is entitled to choose to initiate proceedings before the local jurisdiction of the head office or of the Customer residence.
16. Miscellaneous provisions
16.1. No act, behavior, tolerance or omission from Dinant Evasion shall prejudice its right, in whole or in part, to enforce the provisions of present General Conditions.
16.2. If a provision in these General Conditions is or becomes, in whole or in part, invalid, illegal or unenforceable, the parties undertake to replace the invalid provision or parts thereof by a new provision which will provide as closely as possible the economic result expected by the parties. The Parties agree that the validity of the remaining provisions shall not be affected ant that the remaining provisions shall continue to be in full force and effect.
17. Booking a stay at the AQUATEL Hotel and AQUATEL Hotel terms and conditions
By booking a room in Aquatel Hotel, even if on Dinant Evasion Website, the Customer agrees the Aquatel Hotel General Conditions of use.
Aquatel Hotel General Conditions of use are available on the hotel website and described below:
1. Room reservations:
The Customer agrees the following general terms and conditions of business.
Every Customer booking a room admits having read the characteristics of the Aquatel Hotel, its services, its rates, its ways of payment; its cancellation/modification policy.
To confirm his booking, the Customer must provide a guarantee. Either by paying a deposit. In case of deposit, the validity of the booking is effective once Aquatel Hotel receives the deposit. Either by giving his credit card details (Visa or MasterCard)(credit card number with expiry date and 3-digit CVV) in order to guarantee the booking.
Without this guarantee, the Aquatel Hotel won’t be able to confirm the availability of the booked services.
2. Cancellation or modification from the Customer :
Any cancellation or modification up to 24 hours prior the arrival is free of charge, unless otherwise stated. For any cancellation or modification after this delay, the total amount for the first night is granted. Aquatel Hotel reserved the right to debit this amount from the credit card given as guarantee for the booking.
3. No show:
In case of no show from the Customer at Aquatel Hotel on the arrival day and during the given hours (unless otherwise stated, from 2:00pm to 9:00pm), the total amount for the first night is granted. Aquatel Hotel reserved the right to debit this amount from the credit card given as guarantee for the booking. If any following night booked, Aquatel Hotel will cancel it without fees and without any appeal possibility.
On the arrival the customer will be required to show an ID. Aquatel Hotel will archive a copy of it in accordance with current regulations.
The balance will be paid before the handing-over of the keys in accordance to the available payment methods in Aquatel Hotel.
Unless otherwise stated, any potential extra fee during the stay will be paid immediately.
5. Condition of use:
Unless otherwise stated, the room will be provided to the guest from 2:00 pm on the day of his arrival. The room will be left by the guest at least at 10:00 am on the day of his departure. In the event of failure to respect these scheduled an extra night will be granted.
The Customer accepts and undertook to make use of the room and equipment’s to his disposal like a good father. In case of any damage, due to the customer or his guests, caused to the infrastructure and equipment’s to his disposal, all fees due to the requested rehabilitation will be granted.
The Customer undertook not to affect, by himself or his guests, the other resident of Aquatel Hotel. Silence is asked between 10:00 pm and 7:00 am.
In case of any problem, due to the Customer or his guests, requiring the intervention of the Aquatel Hotel l staff or external services, any extra costs will be granted. Any misbehavior of the Customer or his guests will lead to the immediate expulsion, without any refund or compensation.
Only 1 small dog (max. 15kg) will be allowed per room. An extra cost of 10€ per night per dog will be asked to the customer. The customer is not allowed to leave the dog alone in the room.
7. Unavailability of booked services :
In case of impossibility for the Aquatel Hotel to provide the booked services, except in cases of force majeure, Aquatel Hotel will suggest equal or higher alternatives. Those will be to the expense of Aquatel Hotel.
The initial booking amount will remain granted. The Customer won’t require any damage or refund.
8. Theft and damaging of the customer equipment:
Aquatel Hotel is not liable for any theft or damaging of the customer equipment. The customer is supposed to take care of his equipment. The Customer establishes, previously and by himself, any insurance, if necessary.
9. Loss/found property:
Any item found in the room or common parts of Aquatel Hotel will be kept by Aquatel Hotel for duration of 1 year. Any found item can be send to his owner on request and after payment of sending fees.
10. Anti-tobacco legislation:
All Aquatel Hotel rooms are non-smokers. In case of non-compliance, 50€ will be charged to the Customer for refreshing fees of the room.
11. Free wireless internet service:
Aquatel Hotel provides to its Customers a free Wi-Fi access. The Customer is solely responsible for its use of the Wi-Fi connection. Aquatel Hotel declines any responsibility for any virus or damages caused by its use.