General Terms & Conditions Challenger 2016-10-18T12:23:39+00:00
Terms and Conditions (“Terms”) Last updated: September 03, 2015 Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the www.ortlermountainchallenge.com website (the “Service”) operated by Ortler Mountain Challenge (a commercial Brand of ‘Een hart voor ALS vzw’) (“us”, “we”, “the Seller”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service. When you select products or services for purchase from the ortlermountainchallenge.com website, you are automatically transferred to the Ortler Mountain Challenge on-line shop located at the URL: www.ortlermountainchallenge.com/trade/ Ortler Mountain Challenge p/a Een hart voor ALS vzw Meerskant 2A B-9270 Laarne Belgium Contact: firstname.lastname@example.org Phonenumber: +32/(0)9 356 74 URL: www.ortlermountainchallenge.com and www.ortlermountainchallenge.com/trade Chamber of commerce number: 0848.331.118 VAT identification number: BE 0848.331.118 These General Terms and Conditions govern any and all contracts concluded between you and the Seller via the Online Shop. The General Terms and Conditions are available in English. If any clause in these General Terms and Conditions should be held invalid or not enforceable, this has no effect for all the other clauses. I – GENERAL TERMS & CONDITIONS (ENTRY FEES & MERCHANDISING) Article I.1: Purchases If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of Purchases. Article I.2: Ordering Process When you have found the desired product, you may add it to your shopping cart without any commitment by clicking the button ‘Add to cart’. You may review the contents of your shopping cart any time by clicking the button ‘Shopping cart’. You can remove products from your shopping cart by clicking the button ‘Delete’. If you wish to purchase the products in your shopping cart, click the button ‘Proceed to checkout’. Please fill out your ‘Billing Details’. Mandatory fields are marked with an *. In order to be able to purchase, you need either to register or to provide the data that enables us to serve you. Your data is encrypted before transmission to protect your privacy and security (SSL). After filling out your data, click ‘Continue’ you have the possibility to add ‘Notes’. Click ‘Continue’. Review yor order and select the mode of payment. Read & (when you agree) accept our ‘Terms & Conditions’.By ‘Proceeding to the payment method of your choice you will complete the ordering process. You may abort the process at any time by closing the browser window. The individual pages provide further information, e.g., ways to correct any incorrect entries. Article I.2: Delivery of Goods. Standard Shipping: typically your order will arrive within 1 to 10 business days after the day you receive the Confirmation Email. unless otherwise specified. Although the Seller has sent you a Confirmation Email, it is possible that a product which you have ordered is not available because the Seller is not able to obtain it from its own supplier. When this is not due to any fault of the Seller and is beyond the Seller’s reasonable control, the Seller reserves the right to withdraw from the contract. In this case the Seller will notify you by email and on the Online Shop that the product is not available and your payment card will not be charged. If possible the Seller may offer you a substitute product of equivalent quality and price. You are free to accept the offer or not. Whilst the Seller will do everything he can to keep to any specified delivery periods these cannot always be guaranteed and as such the Seller will not be bound by them, unless it he expressly agrees. Shipments are delivered on business days; normally between 9:00 a.m. and 5:00 p.m. Deliveries are not made on weekends. We are not able to take orders for delivery to PO Boxes. IMPORTANT NOTICE: Unless otherwise specified the Ortler Mountain Challenge team does not ship any Physical items. Both entry tickets and hotel booking confirmations are sent to the customer by e-mail. Article I.3: Prices, Taxes and Shipping Costs. The price of products which you order from the Online Shop will be the price valid at the time you submit your order. The price is displayed on screen before you submit your order and in the Confirmation Email. Prices are shown in Euro and include value added tax. You accept that you will be responsible for paying any sales or other taxes, duties and charges levied on products in the country where the products are to be delivered to the extent the Seller has not already invoiced you for these. Estimated Delivery Days: 1-10 Business days. Products remain property of the Seller as long as the Seller hasn’t delivered the products to you. Article I.4: Cancellation Rights / Returns When you’ve purchased our product(s) for non professional purposes, you have the right to cancel you order without any motivation within fourteen (14) business days after receipt of the product. You have also the right to cancel before the delivery of the products. In that case simply follow the Return Material Authorization (RMA) procedure described under the clause ‘RMA procedure, here below, and return the item(s) recorded by post at your own risk and at your own costs. You don’t have the right to cancel the order if the product is used or if the seal is broken. You have to return the product in perfect condition and in the original packaging. The Seller is never responsible for any damage or loss of the product caused during the return. If you have ordered a service from the Seller you have the right to cancel the order within fourteen (14) business days after the receipt of the Confirmation Email. However when you either (i) expressly agree to the Seller providing you with that service or (ii) initiate the service yourself before the 14 day cancellation period referred to above has expired, your cancellation right will end at the time the Seller provides you with the service or you initiate the service yourself. When you have followed the RMA procedure very carefully, the Seller will credit your account within 30 days after the receipt of the products. Refunds, exclusive shipping and return costs, are made in the original payment method. However, this provision shall not apply to the sales at distance of housing services other than for residential purposes, transport, car rental services, catering and services related to leisure, if specific date or period of performance is set. Therefore, the cooling-off period of at least fourteen calendar days that applies to agreements that have been concluded via the internet, phone or fax, does not apply to transport, housing and leisure, travel and services. Practically speaking, this means if you book a journey, an airline ticket, a hotel room or a rental car via internet, you do not have the cooling-off period, where the seller is obliged to reimburse the sums paid in the event that your booking is cancelled. Article I.5: Warranty The following set of cases is possible: Wrong or Incomplete Delivery and Repair. At the moment of delivery you have to inspect the product(s) very careful. Complaints about visible defaults have to be notified within 14 business days after the delivery of the products. Complaints received after this period are invalid and inadmissible.In case of a warranty claim the warranty period applies. Products which you purchase from the Online Shop include standard warranties. You will not have to pay extra to take the benefit of these warranties. Nothing in these General Terms and Conditions affects your legal rights including in respect of warranty claims and in respect of faulty or defective products. If for any reason you have to return your order, it’s easy. Simply follow the Return Material Authorization (RMA) procedure described under the clause ‘RMA procedure’ here below and return the item(s) recorded by post at your own risk. When your complaint is founded and you have followed the procedure carefully, the Seller will credit your account, let do the repair, or deliver a replacement product within 30 days after the receipt of the product(s) and refund you the return costs of standard shipping by post. Refunds are made in the original payment method. Defaults and depreciation caused by external events, accidents, wear and installation of use not in accordance with the instructions of The Ortler Mountain Challenge and reparation without consent are not guaranteed. Article I.5: RMA (Return Material Authorization) procedure Simply send an email to our helpdesk (email@example.com) to obtain a Return Material Authorization (RMA) Form, complete the RMA Form and return the item(s) recorded by post to the address included on the Form within 14 business days after receipt of the product if you want to cancel the order or if there are visible defaults (also wrong or incomplete delivery). In case of a warranty claim, the warranty period applies. The following set of cases applies: Cancellation, Wrong or Incomplete Delivery, Repair,or Other. For all of them, the Seller has arranged that for you the same RMA procedure has to be followed, but attention needs to be paid to some specifics per case: Cancellation: ensure that you send the product(s) in perfect condition and in the original package, please also include the purchase bill; Repair: please describe as clearly as possible why you return the product(s); Other: please describe as clearly as possible why you return the products. When completing the RMA Form, please also provide the name of the person who paid for the order, his address and order number, and indicate if the products are damaged or faulty. Article I.6: Availability, Errors and Inaccuracies We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. Article I.7: Accounts When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service. You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. Article I.8: Intellectual Property The Service and its original content, features and functionality are and will remain the exclusive property of Ortler Mountain Challenge and its licensors. The Service is protected by copyright, trademark, and other laws of both the Belgium and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Ortler Mountain Challenge. Article I.9: Termination We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service. Article I.10: Governing Law These Terms shall be governed and construed in accordance with the laws of Belgium, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. Article I.5: Changes We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. II – GENERAL TERMS & CONDITIONS (TRAVEL) TRAVEL ARBITRATION BOARD’S GENERAL TRAVEL TERMS AND CONDITIONS Article II.1 Scope These general terms and conditions apply to the tour operator and travel agency contracts as understood under the Belgian law of 16 February 1994 governing organised travel contracts and travel agency contracts. Article II.2 Promotion 1. Data in travel brochures is binding for the tour operators or travel agents who issued the brochure, unless: a) travellers have been informed of changes to this data clearly, in writing and before concluding the contract; the brochure must state this explicitly; b) there are subsequent changes in accordance with a written agreement between the parties to the contract. 2. The tour operator and/or agent can cancel its entire travel promotion or a part of it for a specific or indefinite term. Article II.3 Information provided by the tour operator and/or travel agent Tour operators and/or travel agents are obliged to: 1. inform travellers of the following before concluding a contract with the tour operator or travel agency: a) regarding passports, visas and formalities concerning health care, general information required to enable travellers to arrange for the documents they need for the journey. Travellers who are not Belgian nationals must enquire at the relevant embassy (embassies) or consulate(s) as to which administrative formalities must be fulfilled; b) information on the conclusion and contents of a cancellation and/or travel insurance; c) the general and specific terms and conditions applicable to the contracts; 2. provide travellers with information on the following in writing, at the latest, 7 calendar days before departure date: a) timetables, stopovers and connections and, if possible, the seat the traveller will occupy; b) name, address, telephone and fax numbers and/or email address of either the local representative of the tour operator and/or travel agent, or of the local institutions which may be able to help the traveller if there are any problems or directly with the travel agent or tour operator. c) journeys and visits that minors make abroad and information which will ensure direct contact with the children or people in charge of the children during their stay. The abovementioned term of 7 calendar days does not apply to cases where contracts are concluded too late. Article II.4 Information from the traveller Travellers must provide tour operators and/or travel agents with all useful information that is explicitly requested of them or that may reasonably have an influence on the smooth running of the trip. If the traveller provides incorrect information and this leads to additional costs for the tour operator and/or travel agent those costs may be charged. Article II.5 Contract effectuation 1. When the journey is booked the travel agent or tour operator is obliged to present the traveller with an order form in accordance with the law. 2. The organised travel contract comes into being the moment that the traveller receives written confirmation of the booked journey, whether or not it is via the travel agent acting on behalf of the tour operator. If the contents of the order form derogate from those of the travel confirmation or if the confirmation is not made, at the most, within 21 days of signing the order form, the traveller may assume that the journey was not booked and the traveller is entitled to summary reimbursement of all amounts already paid. 3. There is no cooling-off period after the act of booking (See Article I.4). Article 6 Price 1. The price agreed in the contract cannot be reviewed unless this, together with its exact calculation, is explicitly provided in the contract and to the extent that the review is the consequence of a change to: a) exchange rates applicable to the journey and/or b) transport costs, including the fuel costs and/or c) levies and taxes owed for particular services. There must, however, be actual compliance with the condition that said change shall also lead to a reduction in price. 2. The price determined in the contract may under no circumstances be increased less than 20 calendar days before the departure date. 3. If the increase exceeds the total price by 10%, the traveller can terminate the contract without compensation. In this case the traveller is entitled to summary reimbursement of all the amounts he has paid to the tour operator. Article II.7 Payment of the cost of the trip 1. Except if there is express agreement to the contrary, the traveller pays, as an advance payment, a part of the overall or total travel amount as stipulated in the specific terms and conditions. 2. If, after the traveller has been sent a notice of default, he fails to pay either the advance payment or the travel amount demanded of him, the tour operator and/or travel agent has the right to terminate the contract with the traveller ipso jure and at the traveller’s expense. 3. Except if there is agreement to the contrary, the traveller shall pay the balance of the price, at the latest, 1 month before the date of departure and on condition that he is supplied with written travel confirmation and/or travel documents in advance or simultaneously. Article II.8 Transferability of the booking 1. Before the commencement of the journey, the traveller can transfer his journey to a third party, who shall indeed have to comply with all the terms and conditions of the organised travel contract. The transferor must give the tour operator and, if there is a travel agent, the travel agent, timely notification of this transfer before departure. 2. The transferring traveller and the transferee are fully liable for payment of the total price of the journey and transfer costs. Article II.9 Other changes by the traveller If the traveller requests any other change, the tour operator and/or travel agent may charge all costs pursuant to this. Article II.10 Change by the tour operator before departure 1. If one of the essential points of the contract cannot be executed before the commencement of the journey, the tour operator must notify the traveller of this as quickly as possible and, in any event, before departure and inform him of the possibility of terminating the contract without costs, unless he accepts the change proposed by the tour operator. 2. The traveller must notify the travel agent or tour operator of his decision as quickly as possible and, in any event, before departure. 3. If the traveller accepts the change, a new contract or addendum must be drawn up for the contract in which the changes made and their influence on the price are stated. 4. If the traveller does not accept the change, he may request that article II.11 be applied. Article II.11 Termination by the tour operator before departure 1. If the tour operator terminates the contract before the commencement of the journey due to circumstances not attributable to the traveller, the traveller can choose one of the following: 1) either accept a new offer of a journey of equal or better quality, without having to pay a supplement: if the journey offered as a replacement is of a lesser quality, the tour operator must reimburse the difference in price as quickly as possible; 2) or reimbursement, as quickly as possible, of all amounts he has paid in terms of the contract. 2. Where applicable, the traveller can also claim compensation for non-execution of the contract unless: a) the tour operator cancels the journey because the minimum number of travellers provided in the contract and required to proceed with the journey was not reached within the term provided in the contract and the traveller was informed of this in writing at least 15 calendar days before departure; b) the cancellation is the result of a force majeure, which does not include overbooking. Force majeure is understood to mean abnormal and unforeseeable circumstances beyond the control of the person in question, the consequences of which cannot be avoided, despite all preventive measures. Article II.12 Total or partial non-fulfilment of the journey 1. If it transpires during the journey that an important part of the services which the contract lays out cannot be provided, the tour operator shall, for the purposes of continuing the journey, take all necessary measures to offer the traveller fitting alternatives that are free of charge. 2. If there is a difference between the services proposed and those actually provided, the tour operator shall compensate the traveller to the amount of this difference. 3. If a similar arrangement appears impossible or if the traveller does not accept these alternatives for well-founded reasons, the tour operator shall make an equivalent mode of transport available which shall take the former back to the place of departure and, where necessary, shall compensate the traveller. Article II.13 Termination by the traveller The traveller can terminate all or part of the contract at all times. If the traveller terminates the contract for circumstances attributable to him, he shall compensate the damage that the tour operator and/or travel agent suffered as a result of the termination. The compensation for damages can be determined at a fixed rate in the specific terms and conditions or in the travel programme, but this may amount, at most, to the price of the trip. Article II.14 The tour operator’s liability 1. The tour operator is liable for the proper execution of the contract, in accordance with expectations which the traveller may reasonably have in terms of the provisions of the organised travel contract and for the obligations emanating from the contract, regardless of whether it has to fulfil these obligations itself or whether other service providers have to fulfil them and this does not prejudice the right of the tour operator to hold the other providers to their services. 2. The tour operator is as liable for the acts of negligence of its appointees and representatives acting while fulfilling their position as it is for its own deeds and acts of negligence. 3. If an international treaty applies to a service included in the organised travel contract the tour operator’s liability is excluded or limited in accordance with that treaty. 4. To the extent that the tour operator does not itself perform the services provided for in the travel contract, its liability for material damage and the compensation for loss of enjoyment of the trip are jointly limited to twice the travel amount. 5. Furthermore, Articles 18 and 19 of the law of 16 February 1994 apply. Article II.15 Traveller’s liability The traveller is liable for the damage which the tour operator and/or travel agent, their appointees and/or their representatives suffer pursuant to a mistake on his part or when he has not fulfilled his contractual obligations. The mistake is judged in accordance with a normal traveller’s behaviour. Article II.16: Complaint arrangement 1. Before departure: If the traveller has a complaint before departure he must lodge this as quickly as possible with the travel agent and/or tour operator by registered letter or with acknowledgement of receipt. 2. During the journey: The traveller must report complaints locally during the execution of the contract as quickly as possible, in an appropriate and cogent manner, so that a solution can be sought. To this end he must – in the following order of priority – turn to a representative of the tour operator or a representative of the travel agent or directly to the travel agent, or, finally, directly to the tour operator. 3. After the journey: If a complaint is not satisfactorily resolved locally, or if it was impossible for the traveller to formulate a complaint there, he must lodge a complaint with the travel agent or otherwise with the tour operator by registered letter or with acknowledgement of receipt, at the latest, one month after the end of the travel contract. Article II.17: Reconciliation procedure 1. If there is a dispute parties must first aim to reach an amicable arrangement. 2. If this attempt at an amicable arrangement fails within a term of 1 to 3 months, each of the parties concerned can apply to the Secretary of the Reconciliation Unit of the vzw Geshillencommissie Reizen (Travel Arbitration Board) to initiate reconciliation proceedings. All parties must agree to this. 3. To this end the Secretary shall provide parties with an informative brochure, reconciliation regulations and a “reconciliation agreement”. As soon as the parties concerned (jointly or severally) have completed and signed this contract, and as soon as each party has paid the sum of EUR 50, the reconciliation proceedings shall be initiated. 4. In accordance with the straightforward procedure described in the regulations, an impartial conciliator shall subsequently contact the parties for the purpose of achieving fair reconciliation. 5. The agreement that may be reached shall be laid down in a binding written agreement. Secretariat of the (Travel Arbitration Board) Koning Albert II laan 16, 1000 Brussels email address: firstname.lastname@example.org Article II.18: Arbitration or Court of Law 1. If reconciliation proceedings are not initiated or if they fail, the claiming party can, in principle, choose between proceedings before the normal court or arbitration proceedings before the Travel Arbitration Board. 2. For claims starting from the amount of EUR 1,250, any defending party has a term of 10 calendar days to refuse, by registered letter, the requested arbitration proceedings by the claiming party after which the dispute can be initiated before the ordinary court. Under EUR 1,250, only the traveller has the option of refusing arbitration proceedings. 3. These arbitration proceedings are arranged by disputes regulations and can only be initiated after no amicable arrangement could be reached within a term of 4 months following the (anticipated) end of the journey (or possibly as of the service that gave rise to the dispute). Disputes as regards bodily injuries can only be resolved by the courts. 4. The arbitration committee composed by the joint committee, shall, in accordance with the disputes regulations, pronounce a binding and definitive ruling on the travel dispute. No appeal can be made against this. The Secretary of the arbitration committee and general Secretary of the Travel Arbitration Board: Koning Albert II- laan 16, 1000 Brussels, email: email@example.com Article II.19: Invoicing Invoicing shall be on paper or by email, as Ortler Mountain Challenge deems fit. If the customer does not want the invoicing to be done electronically, he shall address a written request to Ortler Mountain Challenge. If Ortler Mountain Challenge does not receive anything from the customer, the latter tacitly undertakes to receive his invoices electronically. The former undertakes to guarantee the authenticity of the origin, the integrity of the contents and the legibility of the issued invoices. The evidential proof of those electronic invoices is explicitly accepted by the customer. III -TRAVEL AGENT’S SPECIFIC TERMS AND CONDITIONS Article III.1: Competences By signing this purchase order the traveller grants the travel agent the express competence to represent him in all relations with the service providers and tour operator. Article III.2 Contract effectuation The organised travel contract comes into being the moment that the traveller receives an e-mail with the confirmation of the booked journey (E-mail subject: ‘Your order is complete – Bookings are final’), whether or not it is via the travel agent acting on behalf of the tour operator. Article III.3: Payment 1. Full payment upon booking via our website is required (booking cost) 2. Invoices not paid on their due date shall be increased for damages, ipso jure and without notice of default, with a fixed compensation rate of 20% and with legal interest as of the due date. Article III.4: Formalities Minors must have a travel document with a photograph. Minors who are not accompanied by their parents must have documents which clearly state that they may travel alone and on which the arrival and departure dates in and from the country concerned, their address in the country where they are spending their holiday and their address in Belgium are mentioned. Article III.5: The Settling of Complaints Only the Courts of Ghent shall have the authority in any disputes that cannot be resolved by way of the Travel Arbitration Board. Article III.6: Amendment and cancellation fees The following amendment and cancellation fees apply for these trips: a) Change up to six weeks prior to departure: 10 euros per person. After that point in time, the following cancellation fees apply: b)- Cancellation up to one month prior to departure: 30% of the booking cost – Cancellation up to 15 days prior to departure: 60% of the booking cost – Cancellation up to 7 days prior to departure: 75% of the booking cost – Cancellation due to ‘no show’, 100% of the booking cost The traveller can avoid these costs by taking out cancellation insurance, which provides for the reimbursement of these expenses (reimbursement subject to the general terms and conditions of the relevant insurer). Contact Us If you have any questions about these Terms, please contact us via e-mail (firstname.lastname@example.org).