Travel sold under the trade name DevlopMint Travel — Organiser: BA BTS SA
This is an English courtesy translation of our general terms. In the event of any discrepancy, the French version prevails.
These special conditions apply to any booking made online via the sites and sales pages operated under the trade name DevlopMint Travel. They prevail over the other special conditions below in the event of conflict, in particular over Article 6 (formation of the agreement) of the BA BTS SA special conditions.
Any booking made online with payment of a deposit or an initial amount constitutes a pre-booking. It does not yet form the travel contract. By derogation from Article 6 of the BA BTS SA special conditions, the contract is only concluded when BA BTS SA (Travel Experts) or DevlopMint sends a firm written confirmation, after securing the services making up the trip (in particular, depending on the trip concerned: transport, accommodation, event tickets, activities or other essential services).
BA BTS SA confirms or declines the booking within 30 days following the pre-booking.
If BA BTS SA cannot secure one or more essential services of the trip within this period, the pre-booking is cancelled and all amounts paid are refunded to the traveller, with no charge or compensation on either side. The traveller may not claim any other compensation.
The traveller acknowledges having been informed, before any payment, of the non-final nature of the pre-booking and of the conditions under which the travel contract is concluded.
Where the operation of a trip is subject to a minimum number of participants, this number is stated on the sales page of the trip concerned. If this number is not reached, BA BTS SA may terminate the travel contract without compensation, provided it informs the traveller within the legal time limits, i.e. at the latest:
In the event of termination on this ground, all amounts paid are refunded to the traveller, with no further compensation.
From the firm written confirmation, the trip is governed by the special conditions corresponding to its nature (package travel, linked travel arrangement or separate travel service) and by the general conditions of the Travel Disputes Commission.
Unless otherwise stated on the sales page of the trip concerned, the deposit required at pre-booking amounts to 30% of the total trip price. The balance is payable according to the terms specified on the sales page and, failing that, in accordance with the special conditions corresponding to the nature of the trip.
These special conditions form an integral part of the travel contract concluded with BA BTS SA. Depending on the nature and combination of the travel services booked, the parties are bound by a package travel contract, a linked travel arrangement or a travel services contract.
These special conditions supplement the general terms and conditions of the non-profit Travel Disputes Commission (https://clv-gr.be) as well as the provisions of the Belgian law of 21 November 2017 on the sale of package travel, linked travel arrangements and travel services and, where applicable, the contractual terms of the travel service suppliers.
Given the mandatory nature of the law of 21 November 2017, these general conditions may not, at any time, waive the rights and obligations arising from that law. The provision of the law shall therefore prevail at all times.
These special conditions apply to travel contracts concluded from 1 July 2018.
On the basis of Article VI.53 12° and Article VI.73 12° of the Code of Economic Law, the traveller may not exercise their right of withdrawal for the provision of accommodation other than for residential purposes, transport, car rental, catering and services relating to leisure activities, where a specific date or period of performance is provided in the contracts.
The traveller may not invoke the right of withdrawal to escape the travel contract.
BA BTS SA collects the traveller's data necessary for the proper handling of the file, in accordance with EU Regulation (2016/679) (the “GDPR”).
The personal data communicated by the traveller is necessary to process the booking and perform the contract (Article 6.1.b GDPR).
For this purpose, this personal data may be shared with BA BTS SA's partners located in third countries. BA BTS SA always uses partners that guarantee a level of protection similar to that provided in the GDPR.
With the traveller's consent, their data may also be used to send promotional or commercial offers by email.
This personal data will also be communicated to the FPS Home Affairs and service providers as provided and pursuant to the law of 25 December 2016 on the processing of passenger data, in accordance with Directive 2016/681 of 27 April 2016.
As the person whose data is collected, the traveller has a right of access, rectification, erasure and objection. These rights may be exercised by email to contact@devlopmint.com, stating the surname, first name and address, as well as the reason for the contact.
In accordance with data protection legislation, the traveller has the right, at any time, to object free of charge to the processing of their data for direct marketing purposes. The traveller may contact BA BTS SA for this purpose, by letter or email and upon proof of identity.
Complaints regarding the collection and processing of data may be addressed to the competent supervisory authority.
For the purposes of these special conditions, the following definitions apply:
1° The traveller: the natural or legal person who uses, with or without the intervention of an intermediary, the services of BA BTS SA.
2° The company: BA BTS SA acts as a tour operator, retailer or professional active in the travel sector.
3° Unavoidable and extraordinary circumstances: a situation that arises beyond the control of the party invoking it and whose consequences cannot be avoided despite all reasonable precautions.
4° Non-conformity: the failure to perform or the improper performance of the travel services that form part of the trip.
All pre-contractual information (brochures, promotions, web pages, quotes, etc.) is established in good faith based on the information available at the time. Maps, photographs or illustrations are purely informative and entail no contractual obligation.
The pre-contractual information transferred to the traveller forms an integral part of the travel contract. Each offer from BA BTS SA is issued subject to availability and only becomes final after confirmation, unless otherwise agreed. Where BA BTS SA is obliged to remove or modify a given offer, it will propose an alternative.
BA BTS SA reserves the right to correct demonstrable material errors in the pre-contractual information.
Where the traveller has an essential condition for making the trip, they must communicate it when the offer is drawn up.
Before the start of the trip, BA BTS SA will provide the traveller with the travel documents. The travel documents include the necessary receipts, vouchers and tickets, information on the scheduled departure times and, where applicable, the latest check-in time, as well as the timetables for stopovers, connections and arrivals.
These travel documents are sent by email at the latest one week before departure, after receipt of the total trip amount. At the traveller's express request, the travel documents may also be sent by post, subject to payment of a surcharge. If the booking was made less than one week before departure, the travel documents will be made available immediately by email after full payment of the trip amount.
Each traveller must hold valid identity papers for the trip booked. Identity papers and passports must be valid for at least 6 months after the return of the trip.
Travellers who do not hold Belgian nationality are obliged to contact the embassy or consulate to obtain the correct information on the required identity documents. BA BTS SA does not guarantee the accuracy of this information and declines all liability in the event of negligence on the part of the traveller in this area.
Minors must also hold an identity document (kids-ID). If a minor travels alone or with only one parent, written authorisation from both parents is required.
The traveller must present a marriage certificate for honeymoons. The certificate may be requested at any time by the travel service providers.
Timetables are communicated subject to change and may be modified before and during the trip. BA BTS SA informs the traveller of this change without delay.
The traveller is obliged to present themselves in time to board. The traveller must respect the authorised limits prescribed for baggage. Additional costs in the event of excess weight are entirely at the traveller's expense.
In the event of loss or damage to baggage, the passenger must report it immediately to the company concerned at the airport. The traveller must complete a “property irregularity report” form at the airport's lost baggage service.
Airlines blacklisted by the European Commission (EU Regulation 2311/2005) are available at: https://ec.europa.eu/transport/modes/air/safety/air-ban/search_en
The identity of the operating airline will be communicated to the traveller at the latest on the travel documents.
The traveller is required to obtain the necessary information on the health formalities at the chosen destination themselves.
The traveller declares that they are medically, physically and psychologically able to make the chosen trip. A traveller with a physical or psychological disability, reduced mobility or an illness requiring treatment, or who is pregnant, must inform BA BTS SA.
BA BTS SA reserves the right to refuse a traveller on a trip for objective and non-discriminatory reasons if it appears that they are unable to participate.
The traveller must arrange any vaccinations themselves. As BA BTS SA has no medical authority, the traveller must assess the information provided by a competent doctor or competent medical authority.
Unless otherwise stipulated, the travel contract is concluded when the traveller receives the written confirmation of the trip and, if a deposit is requested, after payment of the deposit.
Note: for bookings made online, this article is supplemented and, where applicable, amended by the “Special conditions applicable to DevlopMint Travel online bookings” set out at the top of this document, which prevail.
The traveller acknowledges having received clear and comprehensible information on the price at the conclusion of the contract.
The traveller is responsible for all charges, surcharges and costs that could not reasonably be foreseen at the time the contract was concluded, such as tourist tax, entrance fees, etc.
BA BTS SA is not bound by obvious material errors in the price and has the right to rectify such errors.
Unless otherwise indicated on the sales page of the trip concerned, the traveller pays a deposit of 30% of the total trip amount at the conclusion of the travel contract. The balance of the price will be paid at the latest 1 month before departure, unless a different period is specified on the sales page of the trip concerned.
If the trip is booked only 1 month or less before departure, the traveller pays the total trip amount immediately.
Certain travel services require full payment at the time of confirmation (air tickets, train tickets, hotel reservations, insurance, vouchers).
After payment of the total price, a written confirmation of payment and/or travel documents are provided to the traveller.
Cash payments are only accepted up to a maximum of €3,000.00, regardless of the total trip amount.
BA BTS SA will not deliver the travel documents in the absence of payment on time.
If the traveller fails to pay the deposit or the trip amount, BA BTS SA will terminate the contract with the traveller by operation of law and without notice. Cancellation fees are at the traveller's expense.
In addition, in the event of non-payment on the due date, interest of 8% per year will be due by operation of law and without prior notice, each month forming a full month.
Furthermore, in the absence of payment on the due date, a fixed compensation of 10% of the total trip amount, with a minimum of €75.00 per file, is due by operation of law and without prior notice.
The aforementioned interest and compensation also apply to cancellation fees, except where these cancellation fees are reimbursed by travel insurance.
The traveller must make their claims known in the following way. During the trip:
Each claim in this context will be assessed by the organiser according to the concrete circumstances and the nature of the trip booked.
If the breach during the trip is not resolved as desired, the traveller can always make a claim after the trip to contact@devlopmint.com.
In the event of a claim, the complaints procedure provided for in the general travel conditions of the Travel Disputes Commission (Article 17) takes precedence.
When filing a complaint, the traveller must submit all relevant supporting documents. Only claims submitted with evidence can be taken into account.
First, in the event of a dispute, the parties will organise joint informal consultations in which both parties will participate actively. The parties will endeavour to reach an amicable settlement.
If this attempt fails, the parties may ask the conciliation unit of the non-profit Travel Disputes Commission to agree on a conciliation procedure.
If no conciliation procedure is instituted or it fails, the claimant may initiate arbitration proceedings before the non-profit Travel Disputes Commission or bring the matter before the court.
The competent court is the court of Brussels, Brussels district, which will apply Belgian law exclusively.
The EU online dispute resolution platform: https://ec.europa.eu/consumers/odr
BA BTS SA
Registered office: Avenue de Tervueren 412 bte 15bis, 1150 Brussels
BCE no. 0898.284.039 — Travel agency licence: A5722
Email: contact@devlopmint.com
These special conditions apply to package travel booked from 1 July 2018 and are governed by the law of 21 November 2017.
The traveller acknowledges having been informed by BA BTS SA of all the pre-contractual information provided for in Article 5 of the law of 21 November 2017, namely:
The pre-contractual information may only be modified if the parties expressly and mutually agree. BA BTS SA informs the traveller of all modifications clearly, comprehensibly and properly presented before the conclusion of the contract.
The price is determined in the travel contract at the time of conclusion and includes all the travel services listed, as well as all taxes and, where applicable, any additional charges, surcharges and other costs.
After receipt of the written confirmation of the trip, a payment obligation arises on the part of the traveller.
After the conclusion of the package travel contract, prices may only be modified if expressly provided in the contract and if the traveller is entitled to a price reduction under Article 22 of the law of 21 November 2017. In that case, the contract will indicate how the price change is calculated.
The price may only be modified as a direct consequence of changes in:
Any price increase will be communicated to the traveller at the latest 20 days before the start of the trip, on a durable medium, stating the reasons, a calculation and, where applicable, the fuel determination date.
If the increase exceeds 8% of the total price, the traveller may cancel the contract without termination compensation.
In the event of a reduction in the aforementioned costs after the conclusion of the contract and before the start of the trip, the traveller is entitled to a proportional price reduction. In this case, only administrative costs will be charged.
The traveller may not make any unilateral modification, unless the parties explicitly and mutually agree.
Any modification at the traveller's request will give rise to payment of a fixed administrative fee of €30.00 per person, plus any fees of the organiser, retailer or travel service suppliers.
The traveller must send their request in writing to BA BTS SA by email with acknowledgement of receipt or by registered post. A change will only be possible subject to availability and taking into account any price adjustment. Costs are at the traveller's expense.
BA BTS SA reserves the right to make minor changes before departure. The traveller is informed via a durable medium.
Where BA BTS SA must substantially modify the contract, the traveller may accept this change or terminate the contract without paying cancellation fees. The traveller must notify their choice within a reasonable period (at the latest 48 hours) after the sending of this information.
BA BTS SA is also authorised to correct material errors.
The traveller who informs the organiser within a reasonable period (at the latest 7 days) before the start of the trip via a durable medium may transfer the contract to a person meeting all the conditions.
In the event of transfer, the transferor and the transferee are jointly and severally liable for the payment of the amount still due as well as any additional costs resulting from the transfer.
BA BTS SA informs the traveller of the actual costs of the transfer, which may not exceed the costs actually incurred. In certain situations, the cost may be up to 100% (e.g. non-modifiable air tickets, full flights). If a service can no longer be provided after a transfer request, BA BTS SA cannot be held responsible.
6.1. The traveller may cancel the travel contract at any time before the start of the trip, subject to payment of appropriate and justified cancellation fees.
The traveller must notify BA BTS SA in writing by email with acknowledgement of receipt or by registered post. The valid date for cancellation is the working day following actual receipt. The insurance premium is always due in addition to the cancellation fees.
The contract may stipulate a standardised and reasonable termination indemnity based on the time of cancellation, the expected cost savings and the income from alternative use of the services. Failing that, the amount of the cancellation fees corresponds to the trip price, less cost savings and income from alternative use. If the supplier's costs exceed the standardised indemnities, BA BTS SA reserves the right to charge them.
6.2. Notwithstanding Article 6.1, the traveller has the right to terminate the contract before the start of the trip without termination fees if exceptional and unavoidable circumstances occurring at the place of destination or its immediate vicinity have a significant effect on the performance of the trip or on the transport of passengers. The traveller is then entitled to a full refund of payments made, but not to any additional compensation.
The traveller is required to inform BA BTS SA without undue delay of any non-conformity observed on site, as soon as possible.
The traveller may address their messages, requests or complaints directly to the retailer from whom they purchased the trip, who will forward them to the organiser without undue delay.
When BA BTS SA acts as organiser, it is responsible for the proper performance of the travel services included in the package travel contract, whether these services are provided by the organiser or by other providers.
BA BTS SA is not responsible for excursions or trips not included in the package and booked by the traveller with local merchants.
If BA BTS SA acts as retailer between the traveller and the organiser, only the organiser is responsible for the proper performance of the services. BA BTS SA does not assume this responsibility and cannot be held liable for breaches attributable to the traveller and to third parties.
BA BTS SA is responsible for any error due to a technical defect in the booking system and, if it has agreed to arrange the booking of a package, for errors made during the booking process.
BA BTS SA is insured against insolvency with the Travel Guarantee Fund, Avenue de la Métrologie 8, 1130 Brussels, as a guarantee for the repatriation of travellers and the refund of all amounts paid.
These special conditions apply to linked travel arrangements booked from 1 July 2018. Not all obligations relating to package travel apply to linked travel arrangements.
The traveller acknowledges having been informed by BA BTS SA that:
The traveller acknowledges having received the required standardised form. In the event of non-compliance with this obligation, BA BTS SA will be held responsible for the proper performance of the entire trip and the package travel obligations (transfer, termination, liability for non-conformity, contact, assistance, price reduction and compensation) will apply.
The traveller who concludes a linked travel arrangement must provide the professional with all useful information for the conclusion or performance of the contract. If the traveller provides incorrect information leading to additional costs, these costs may be charged.
The price is determined separately in each contract. After receipt of the written confirmation of the individual agreements, a payment obligation is entered into by the traveller.
Travel services may only be terminated, modified or transferred if the supplier concerned agrees and on its conditions. Any request must be sent by email to BA BTS SA's agent. Requests sent outside business hours are deemed received on the following working day.
The traveller must address their claims directly and without undue delay to the supplier concerned, and also inform BA BTS SA.
BA BTS SA is in no case responsible for the proper performance of the travel services. This responsibility lies with the supplier concerned.
BA BTS SA is responsible for any error due to a technical defect in the booking system attributable to it, if it has agreed to handle the booking. BA BTS SA is not responsible for errors due to the traveller or caused by unavoidable and extraordinary circumstances.
BA BTS SA is insured against insolvency with the Travel Guarantee Fund, Avenue de la Métrologie 8, 1130 Brussels, for the refund of payments received and, when responsible for transport, for the repatriation of passengers. The protection only covers payments actually received and only to the extent that the service cannot be performed due to its own insolvency.
These special conditions apply to separate travel services booked from 1 July 2018 and governed by the law of 21 November 2017.
The traveller acknowledges having been informed by BA BTS SA prior to the conclusion of the contract of:
The traveller who subscribes to a separate travel service must provide the professional with all useful information for the conclusion or performance of the contract. If the traveller provides incorrect information leading to additional costs, these may be charged.
The price is determined in the travel service contract at the time of conclusion, as well as all taxes and, where applicable, all additional costs. After receipt of the written confirmation, the traveller is subject to a payment obligation.
The travel service may only be terminated, modified or transferred if the supplier concerned agrees and on its conditions. Any request must be sent by email to BA BTS SA's agent. Requests sent outside business hours are deemed received on the following working day.
The traveller must address their claims without undue delay and directly to the supplier concerned, and also inform BA BTS SA.
BA BTS SA is in no case responsible for the proper performance of the travel service. This responsibility lies with the supplier concerned.
BA BTS SA is insured against insolvency with the Travel Guarantee Fund, Avenue de la Métrologie 8, 1130 Brussels, as a guarantee for the repatriation of travellers and the refund of all amounts paid.
The traveller explicitly declares having read the general travel conditions of the Travel Disputes Commission and these special conditions, and accepts their content, in full and without reservation.