These general terms and conditions govern relations between
- DISCOVERENT SRL known under the brand name Wildhartt (hereinafter the "Company")
with
- the customer (hereinafter the "Customer") and the participants in the trip designated by the Customer
in connection with the organisation of expeditions in Belgium and abroad and training weekends supervised by guides, which are the subject hereof.
The contractual package (hereinafter the "Contract") consists of these General Terms and Conditions of Sale, the Sales Contract and the documents relating to the services referred to in the previous paragraph which have been given to the Customer.
By registering for one of our events, you acknowledge that you are bound by these General Terms and Conditions. If you do not accept them, you will not be able to benefit from our services.
IDENTIFICATION OF THE COMPANY
The company DISCOVERENT, SRL with capital of €170,000, registered with the BCE under number BE0761592827, and whose registered office is Avenue Prekelinden 147/2, 1150 Brussels.
Professional liability insurer: MS AMLIN INSURANCE SE policy no. LXX 049281
Travel agent licence: Brussels Economy and Employment authorisation no. 6134
Telephone: + 32 474 52 20 36 (Maxime Mertens, Co-founder)
Open: Monday to Friday (09:00 to 18:00)
ARTICLE 1: PRE-CONTRACTUAL OBLIGATION TO PROVIDE INFORMATION
Prior to entering into this contract, the Customer acknowledges having received and read the information documents provided by the Company, in particular on the content of the services offered relating to shipping, price and payment terms, cancellation conditions and modifications to the contractual elements.
1.1 Accessibility / Physical fitness
It is specified that registration for expeditions lasting at least 10 days requires the Customer to prove that he/she is in excellent physical condition and to have repatriation assistance insurance. A medical certificate authorising the Customer to register may be requested.
In this context, the Company reserves the right to refuse the registration of participants who do not meet the compulsory prerequisites, as well as the compulsory equipment. The Company reserves the right to refuse the start of an expedition to a Client who is not deemed suitable in one or more of the disciplines concerned. The departure will be cancelled or the discipline exchanged for an alternative where possible, without the Client being entitled to claim any compensation. The Company reserves the right to refuse access to a discipline on dispatch if the Client is not deemed suitable in the discipline concerned. The Company reserves the right to refuse the start of an expedition to a Client who does not arrive with the participating equipment necessary for his/her safety.
Given the nature of the services, the Client is informed that the booking is not open to persons with reduced mobility, persons who are not in good physical condition and persons under the age of 18.
ARTICLE 2: ADMINISTRATIVE AND HEALTH FORMALITIES
The Customer acknowledges having been informed of the administrative and health formalities for crossing borders. It is specified that the information provided is only valid for Belgian nationals.
In the event that the Customer designates participants of nationality(ies) other than Belgian, he/she must specify this to the Agency when signing the present contract. The Company invites foreign nationals to contact the relevant embassies or consulates, which will indicate the specific police, customs and health formalities to be complied with in order to travel.
The Customer is responsible for completing and paying for the police, customs and health formalities required for the reserved shipment, such as formalities relating to passports, national identity cards, residence permits, parental authorisation, visas, medical certificates and vaccination certificates.
In the event that the Customer is unable to travel due to non-compliance with administrative and health formalities, the price paid will not be reimbursed, nor will the Company be held liable.
ARTICLE 3: PRICE
3.1 Price of the trip
The Customer undertakes to comply with the contractually agreed terms of payment. The amounts displayed and communicated by DISCOVERENT are inclusive of VAT. The price of the trip is indicated on the Site for each departure.
Payments to register for Wildhartt shipments are made by bank transfer directly via the company's Site: www.wildhartt.com
3.2 Terms of payment
For bookings of €500 or more :
the Client pays a sum equal to 40% of the total of his/her reservation to guarantee his/her order.
If the Customer makes a reservation 45 days or more before the confirmed departure date, the balance will be paid no later than 45 days before the departure date.
If the Customer makes a booking between 45 and 21 days before the confirmed departure date, the balance will be paid 21 days before the departure date at the latest.
If the Customer makes a reservation less than 21 days before the departure date, the Customer must pay the full amount of the order at the time of reservation.
In the event of an unconfirmed departure, the balance will not be deducted and the deposit will be refunded.
In the event of late payment, the Customer may be required to pay default interest of 6% of the amount due.
In the event that the balance has not been paid by the date agreed between the parties, the Agency will not be obliged to maintain the availability of the trip and services. These will be considered as cancelled by the Customer.
For bookings of less than €500 :
the Customer must pay the full amount to guarantee the booking.
Unless otherwise stipulated in the special conditions, the price of the services does not include the cost of visas, vaccinations, service charges, insurance, tourist taxes to be paid locally, supplements, drinks, tips and, more generally, any services not mentioned in the product description contained in the special conditions.
The waiver by the Customer or the participants in the trip of certain services included in the package or paid for as a supplement shall not give rise to reimbursement or the issue of a credit note.
ARTICLE 4: PRICE REVISION
4.1 Price revision procedures
The Company reserves the right to revise the prices of trips and holidays in the event of a variation in the data used to determine the price of the trip, in compliance with article 19 of the law of 21 November 2017 relating to the sale of package holidays, related travel services and travel services.
It is specified that the price has been established in particular on the basis of the following economic data:
the cost of transport and in particular the cost of fuel ;
the amount of fees and taxes relating to the services offered, such as landing, embarkation or disembarkation taxes in ports and airports known on the day the Contract is signed;
the exchange rates applied to the shipment in question.
With regard to the cost of transport, the Agency will pass on, where applicable, the amount of fuel surcharges communicated by the carrier and applied by the latter. Carriers may decide to apply consecutive increases. In this case, these increases will be passed on by the Agency.
It is also agreed that the Agency may pass on to the Customer any variations in fees and taxes. It is also specified that the Client will be liable for any new tax(s) or fee(s) relating to the services offered that may be decided by Belgian or foreign laws and regulations.
The price may also be revised in the event of a change in the exchange rate used to calculate the price of the trip or holiday ordered by the Customer.
However, in accordance with the law in force, the price may only be revised at the latest 20 days before the start date of the trip.
4.2 Termination of the contract due to price revision
In the event of a price increase of more than 8%, the Customer has the option of refusing the change and cancelling the contract. If the Customer chooses to cancel the contract, he/she is entitled to a refund of all sums paid without incurring any penalties or costs.
ARTICLE 5: CANCELLATION OF THE BOOKING
5.1 Cancellation charges
The Customer may cancel the contract at any time prior to the start of the journey, subject to payment of the cancellation charges set out below, which are calculated according to the date of cancellation and whether the cancellation is total or partial.
The following conditions apply in the absence of any provision to the contrary in the special conditions.
In the event of cancellation, the price paid by the Customer corresponding to the cost of the air or rail service is non-refundable.
The holiday includes accommodation and the additional services defined in the Sales Contract.
In the event of cancellation, the sums already paid by the Customer will be retained by the Agency as cancellation fees.
5.2 Postponement or assignment of contract
Postponement is possible and will be the preferred solution between the Agency and the Client.
You are reminded that, if you notify the Company within 7 days, you may assign your contract to an assignee who meets the same conditions, including medical conditions and physical fitness, as you to make the trip or stay, as long as the contract has not come into effect. In this case, the Company will charge the costs of the change as imposed by its service providers. The transferor and the transferee are jointly and severally liable for payment of the balance of the price as well as any expenses, fees and additional costs incurred by this transfer.
ARTICLE 6: MODIFICATION OF THE RESERVATION
Once the tickets have been issued, any modification may result in the invoicing of penalties depending on the conditions applied by the carrier.
Given the nature of the service and the physical conditions required, the Client may only change the identity of the participants if these participants meet all the physical and technical conditions listed in the special conditions.
Only DISCOVERENT can validate this change. If the conditions listed above are not met, DISCOVERENT will not be able to accept the modification.
Pursuant to Article 24 of the law of 21 November 2017 on the sale of package holidays, related travel services and travel services, the Company reserves the right to modify certain details of the holiday in relation to the information given before the contract was signed.
ARTICLE 7: MINIMUM NUMBER OF PARTICIPANTS
The Customer is hereby informed that a minimum number of participants must be registered in order to guarantee the departure of the holiday. In the event that the holiday cannot go ahead because the minimum number of participants has not been reached, the Customer will be informed at the latest :
20 days before departure for a stay of more than 6 days ;
7 days before departure for a holiday lasting between 2 and 6 days;
In this case, the Agency will return to the Customer any advance payments received.
ARTICLE 8: INTERRUPTION OR FAILURE OF PARTICIPANTS TO APPEAR FOR DEPARTURE: "NO SHOW
If the service booked is interrupted by the Client or one of the participants, no reimbursement will be made.
No reimbursement will be made in the event that one or more of the participants in the trip do not show up for departure at the times and places specified by the Company, or find themselves unable to take part in the trip for any reason whatsoever.
ARTICLE 9: INSURANCE
The Customer is hereby informed that, in any event, in the case of expeditions outside his/her country of residence, he/she must have repatriation assistance insurance. The Customer must provide proof of this when registering for Shipments outside their country of residence.
The Company has offered the Customer the option of taking out compulsory insurance (Repatriation Assistance) and optional insurance such as holiday cancellation.
In the event of cancellation of the service booked at the Customer's initiative, the insurance premium is non-refundable.
ARTICLE 10: LIABILITY
10.1. Liability of the Company
The Company shall not be held liable for any facts or circumstances falling within the scope of force majeure, for the actions of third parties not involved in the provision of the services provided for in the contract or for the poor performance of the contract attributable to the Client or to the participants in the services.
The Company may not be held liable in the event of a false declaration by the Client regarding his/her physical condition or abilities.
With regard to shipments, the Client is responsible for his/her movements and itinerary.
The Client has been informed prior to departure of the risks inherent in expeditions and training weekends. The Customer acknowledges that he/she is aware of these risks and accepts them.
The Company is not responsible for the loss or deterioration of valuables or personal property belonging to the Customer.
Nor is the Company liable for the performance of services purchased locally by the Customer or the participants in the trip and not provided for in the special conditions.
The Customer undertakes to hand over and sign a liability waiver and risk acceptance form.
The liability of airlines is governed and limited by their conditions of travel, as well as by the Warsaw International Convention of 12 October 1929 and the Montreal Convention of 28 May 1999 and/or the Community Regulation of 11 February 2004.
In any event, the Agency's liability shall not exceed that of the airlines.
10.2. Client's liability
The Company has provided the Customer with full information on the conditions of the Customer's participation in "Expeditions". Before taking part in the Expedition, the Client shall provide DISCOVERENT with a liability waiver form.
The Customer is financially responsible for any damage he/she may cause during their stay.
They are responsible for any incidents or accidents that may occur to them or to third parties, in particular as a result of the adoption of dangerous behaviour or behaviour contrary to the concepts outlined during the 2 days of preparation that take place in the country on site, prior to the departure of the expedition.
The Customer undertakes to respect the laws and regulations in force in the country in which he is staying.
ARTICLE 11: CHANGES MADE BY THE AGENCY
When, prior to departure, compliance with one of the essential elements of the contract is made impossible as a result of an event outside the company's control, the company must notify the Customer as soon as possible and inform the Customer of his right to either cancel the contract or accept the modification proposed by the Agency.
This warning and information must be confirmed in writing to the Customer, who must make his choice known as soon as possible. If the Customer cancels the contract, he/she is entitled, without incurring any penalties or costs, to reimbursement of all sums paid, as well as any compensation provided for by law.
ARTICLE 12: COMPLAINTS
In the event of any difficulties encountered at the holiday destination, the Customer is invited to contact the Company or its local representative.
In addition, the Agency's customer service is open from Monday to Friday from 9am to 6pm.
It can be contacted by customers during their stay:
by dialling + 32 474 52 20 36 (Maxime Mertens, Co-founder)
at the following e-mail address: maxime@DISCOVERENT.com
The Customer's observations or complaints about the progress of the trip must be made in writing by registered letter with acknowledgement of receipt sent to the Agency's head office within 72 hours of the return of the stay or trip.
If there is no satisfactory response within 60 days, you may refer the matter to the Travel Disputes Committee (http://www.clv-gr.be/; Rue du Progrès 50, 1210 Brussels; +32 2 277 61 80).
ARTICLE 13: IMAGE RIGHTS
As part of the services provided, the Customer or the participants designated by the Customer will be filmed and photographed. The company will thus be able to provide the Customer with a digital souvenir of his expedition.
In this context, the Client agrees to the use of his/her image and authorises DISCOVERENT to reproduce and use my image in photographs and videos taken as part of the training courses and expeditions in which I will be taking part.
This authorisation includes the possibility of making any modification, adaptation or deletion to the initial fixation of my image that it deems useful. The DISCOVERENT company may in particular use, publish, reproduce, adapt or modify it, alone or in combination with other material, by all means, methods or techniques currently known or to come.
This authorisation is valid for use :
- For a period of : 3 years,
- In the following territories: Worldwide,
- On all tangible and intangible media, in all formats known or unknown to date, and in particular, without this list being exhaustive: paper media (prints of photographs), catalogues and various editions, CD-ROM/DVD-ROM and other digital media, all audiovisual media, in particular cinema, TV and by all means inherent to this mode of communication, internet (including intranet, extranet, blogs, social networks), all reception devices combined (smartphones, tablets, etc.), press media (television commercials, etc.), radio, television, radio, etc.).), press media (television advertising spots, cinema advertising spots), internal communication media, promotional media (POS, ILV, poster campaigns in all places, all sizes and on all media (urban, airports, stations, public transport, etc.)), media intended for sale (merchandising products: postcards, posters, T-shirts, etc.), right of integration into another work/multimedia work.
This authorisation to use my image rights is granted free of charge.
ARTICLE 14: DISCLAIMER OF LIABILITY & ACCEPTANCE OF RISKS
14.1 Risks inherent in the activity
The customer acknowledges having been informed of the risks inherent in taking part in the training courses and dispatches offered by DISCOVERENT.
The customer has noted that, as part of the expedition, he/she will not systematically be supervised by a guide at the end of the day's training.
The risks associated with his or her participation include
Injuries due to falls or other movements (sprains, strains, fractures, etc.);
Injuries caused by blunt or sharp objects (branches, equipment, etc.);
Cold or hypothermia;
Injuries resulting from accidental or non-accidental contact between individuals;
Contact with water or drowning (during aquatic activities or near water), avalanches or falls;
Burns or disorders due to heat, food allergy, etc.
This list is not exhaustive.
14.2 State of health
The customer certifies that his/her state of health and physical abilities allow him/her to take part in the activities offered by DISCOVERENT. He certifies that he has no known or treated pathology.
The customer certifies that he/she has no physical, emotional or behavioural health problems likely to directly or indirectly limit his/her participation in the activities.
14.3 Competence Levels Required for Adventure Sports Activities
When booking any adventure sport activity on the www.wildhartt.com website, the customer is required to certify that he/she has the required level of competence to participate in the expedition in question. The agency, while providing a detailed description of the programme and the level required on the web page of each expedition, reserves the right to refuse a customer's participation if the customer does not meet the specified competence requirements. The customer acknowledges and accepts that in such cases, the agency will not incur any liability and will not be liable to the customer.
The levels of competence are described as follows:
Level 1/4 - Family expeditions:
Expeditions at this level are suitable for anyone wishing to learn about outdoor sports. They involve short distances with little change in altitude. Nights are generally spent in a gîte, with the possibility of a bivouac.
- These expeditions are generally open to families with children aged 6 and over.
- Participants must be able to cover distances of less than 10 km per day.
- No chronic pain is tolerated, and participants must be in perfect health.
Level 2/4 - Adapted Expeditions :
These expeditions are suitable for anyone wishing to practise sports in the great outdoors. Means are always available to avoid or circumvent difficulties. Nights can be spent in a tent, under the stars, in a gîte, in a refuge or on a sailing boat.
- Expeditions at this level are generally open to participants aged 14 and over, with parental consent.
- Participants must take part in a regular sporting activity (at least once every fortnight).
- They must be able to run 10 km in less than 1 hour 20 minutes.
- In addition, participants must be able to make a continuous effort outdoors for at least 4 hours.
- No chronic pain is tolerated, and participants must be in perfect health.
Level 3/4 - Sports Expeditions:
These outdoor sports expeditions are aimed at any sportsperson wishing to discover or improve their skills in an adventure sport. Participants must be prepared to face certain risks, such as moving away from civilisation or discovering hostile environments. No technical level is required. Nights may be less comfortable due to the characteristics of the destination.
- Participants must be able to run 10 km in less than 1 hour.
- Expeditions at this level are open to adults only.
- Participants must practise an endurance sport at least once a week.
- They must be able to exercise outdoors for at least 5 hours.
- No chronic pain is tolerated, and participants must be in perfect health.
Level 4/4 - Extreme Adventure Expeditions:
These expeditions take place in totally wild places, often with limited access to the network. They are aimed at sportsmen and women wishing to develop an adventure discipline. Participants accept the risks associated with being far from civilisation, discovering hostile environments and the discomfort that can ensue. Participants must have specific technical knowledge related to the sport they are about to take part in.
- Participants must have already experienced a (micro) expedition.
- They must practise an endurance sport at least twice a week.
- They must be able to run 10 km in under an hour.
- Participants must not be afraid of heights and/or seasickness.
- No chronic pain is tolerated, and participants must be in perfect health.
By confirming their booking, clients accept and acknowledge these required skill levels. They understand that the agency reserves the right to check their level of competence and to refuse their participation if they do not meet the above criteria. In the event of refusal, clients waive any legal recourse against the agency.
14.4 Acceptance of risks
The customer is aware that the activities offered by DISCOVERENT take place in semi-natural or natural environments that may be rugged and, consequently, are further away from medical services. This state of affairs could lead to long delays in the event of an emergency requiring evacuation, and consequently to a possible worsening of your condition or injury. Having been made aware of these risks and having had the opportunity to discuss them with a person responsible for the activity, the customer acknowledges that he/she has been informed of the risks inherent in the activities and is in a position to undertake the activity or holiday in full knowledge of the facts and ACCEPTING THE RISKS that this holiday or activity may entail. The customer also undertakes to play an active role in managing these risks by adopting a preventive attitude towards him/herself and other people around me.
14.5 Release from material liability
The customer hereby waives any and all claims, as well as any and all proceedings for damages and interest for any and all damage to property and equipment belonging to the customer. (Normal wear and tear, loss, breakage, theft).
14.6 Authorisation to intervene in an emergency
The customer authorises DISCOVERENT to provide any necessary first aid. He also authorizes the DISCOVERENT company to take the decision in the event of an accident to transport me (by ambulance, helicopter, coast guard or otherwise) to a hospital or community health facility, all, if necessary, at its own expense.
ARTICLE 15: APPLICABLE LAW AND JURISDICTION
15.1 Jurisdiction of the courts
The general and special conditions constituting the Contract are governed by Belgian law.
Any dispute between the parties relating to the interpretation or performance of these terms and conditions shall be subject to the jurisdiction of the Courts of the company's registered office.
15.2 Withdrawal from distance purchases
DISCOVERENT points out that the right of withdrawal normally applicable to purchases made remotely by consumers as described in Article VI. 47 of the Code of Economic Law does not apply because the services of DISCOVERENT are expressly covered by the exceptions provided for in Article VI.53 12° of the Code of Economic LawFonds
