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Terms and conditions

General standard terms and conditions of BCD Travel Belgium N.V.

1.) Purpose of contract

1.) 1.1) Online Booking Portal

This Booking Portal is operated by BCD Travel BelgiŽ N.V. (hereinafter referred to as BCD Travel), registered headquarters Posthoflei 3, 2600 Antwerp, Belgium.

The contractual relationship between the user and BCD Travel is subject – irrespective of user's nationality - to Belgian law.†

1.2) Agreement with these general standard terms and conditions (the "Terms")

The use of this Booking Portal and BCD Travel services offered therein are subject to these Terms. In using the online Booking Portal users explicitly express their agreement to these Terms without any conditions, supplements or restrictions. Persons not agreeing to these Terms are not authorised to use this Booking Portal or the BCD Travel services offered therein.

These Terms also apply analogously and in their full scope to telephone orders in so far as the content of the provisions is transferable and not specific to the Booking Portal and the users have explicitly waived their right to have specific knowledge of the Terms during the course of the telephone booking.

1.3) BCD Travel services

BCD Travel operates an online Booking Portal. Users are able to check the details and availability of Travel services which meet users’ requirements and make direct bookings and so enter contracts with the respective Travel service provider to the account of and in the name of the user. Users can utilise the Booking Portal to enter direct contracts for Travel services such as flights, hotel rooms and rental cars. In this regard the user commissions BCD Travel with the brokerage of said Travel services.

Furthermore, users have access to general Travel information and explanatory notes and comments. Users are aware that the general Travel information presented is subject to change without notice and that BCD Travel does not provide any guarantees on correctness and actuality. This applies also and in particular to country-specific requirements with respect to passports, visas, health-related information (for example need for vaccinations) or Travel restrictions. Users are responsible themselves for securing such requirements and should therefore contact responsible embassies, authorities, tourism information offices and other such organisations. BCD Travel does not accept liability for the correctness, completeness or actuality of such information.

The user also has the option of subscribing to a newsletter transmitted via email. The newsletter contains news, information and diverse offers.

2.) Conditions of use of online Booking Portal

2.1) Use of website

The online Booking Portal is made available to users for personal use only, and specifically not for commercial use: Travel services procured via the online Booking Portal may not be resold, brokered or otherwise transferred to third parties by the user against payment. The online Booking Portal is to be used exclusively in accordance with the law and as per this agreement, in particular in compliance with these Terms of use. In this sense as per this agreement refers exclusively to the reservation and booking of Travel services and all other legal use of the functions installed in the online Booking Portal. Particular mention is made of the following:

a) User is responsible for all actions undertaken under his name or his account in the online Booking Portal in so far as the password specified by the user has been entered.
b) User must be 18 years of age at minimum and of full legal capacity.
c) User guarantees that all information entered by the user concerning his person or fellow Travellers is true.
d) It is prohibited to use the online Booking Portal for speculation, incorrect or fraudulent bookings and block bookings.
e) The online Booking Portal and its content may not be modified, reproduced, forwarded, sold, published or transferred in any other form by users. It is, however, expressly allowed to make single copies of pages for private non-commercial purposes.
f) Files which contain software or other material and which are subject to industrial property rights or copyrights or are protected by a person’s right to privacy may not be brought into circulation. This does not apply if the user has such rights or the user has obtained the necessary permits.
g) Files which contain viruses, corrupted files or software which could disrupt the operation of a third party computer may not be uploaded.
h) Instructions issued by the author, legal notes, ownership marks or marks contained in accessed files (software or other materials) may not be deleted or modified.
i) Goods or services may not be solicited or offered for sale. Polls, competitions or chain letters may not be implemented or executed.
j) Threats, coercion, libel or the transfer of pornographic, racist, or otherwise illegal materials are expressly prohibited.
k) Access to the online Booking Portal is authorised exclusively via BCD Travel.nl homepage or www.bcdtraveldirect.be homepage. Direct access or permanent deep linking to pages of the online Booking Portal requires the prior written consent of BCD Travel. It is prohibited to present links integrated in frames without prior written consent of BCD Travel.

The regulations specified above also apply to any possibly existing bulletin boards, chat rooms or other communication forums within the online Booking Portal. Any forums which may exist constitute public domain communications and not private communications. All third party contents contained in these forums are neither reviewed not approved by BCD Travel prior to insertion. BCD Travel reserves the right without notice to remove any content from forums communicated or transmitted by users. BCD Travel reserves the right at its own discression and without notice to refuse users access of any kind to this online Booking Portal or parts thereof. Users are required and obliged to indemnify at first demand BCD Travel, its associated companies, partner companies and employees from any and all third party claims (including reasonable costs for any legal activities) consequent to actions by a user which constitute non-contractually compliant, misuse or an otherwise illegal use of the online Booking Portal and its contents by the user.

2.2) Blocking of access

BCD Travel is entitled at any time to block, permanently or temporarily, access of individual users to the online Booking Portal and/or its online services. BCD Travel is also entitled at any time without notice to implement restrictions and/or prevent access for necessary maintenance or updating operations.

BCD Travel is not liable for any damages incurred by the user as a consequence of such down-times.

2.3) Links to other websites

The online Booking Portal contains hyperlinks which connect users to third party websites. BCD Travel has no influence on the design or content of such websites and therefore cannot accept any responsibility for the correctness, currency, completeness or quality of information presented therein. Users should direct any comments or problems relating to such websites directly to the respective website operator.

2.4) Changes to online Booking Portal

BCD Travel reserves the right at any time and without notice to modify or change the online Booking Portal or its content, in particular with respect to the selection of providers, features, information, databases and their content.

2.5 Copyright and marks

BCD Travel owns the copyrights and all other property rights relating to the online Booking Portal and its content. All content is the exclusive property of BCD Travel and its associated companies except in cases where ownership of a third party is specifically indicated. The name BCD Travel and all BCD Travel marks, logos and graphics and those of other companies within the BCD Travel Group contained within the online Booking Portal are registered marks of BCD Travel GmbH, BCD Travel Management Holding GmbH or its associated companies. Users are not granted any rights or licenses for the use of these marks.

3.) Contract conclusion / booking

3.1) BCD Travel functions exclusively as broker for Travel service providers. BCD Travel participates in no way as contract partner in the brokered contract. The brokered contracts are third party transactions for BCD Travel.

3.2) The offers presented by BCD Travel in the internet do not constitute binding contract offers by BCD Travel or the respective provider. BCD Travel draws explicit attention to the possibility that, in the case of some Travel service providers, telephone bookings may be subject to other fee rates for the specified Travel service.

3.3) Each booking made by the user via this Booking Portal constitutes an offer for the conclusion of a contract with the respective Travel service provider concerning the service selected by the user: the act by the user of entering data and sending the online booking form constitutes a binding offer of contract. The user is bound to this offer of contract for a period of 24 hours.

3.4) Based on the offer of contract submitted by the user, BCD Travel then either transmits an acceptance of the offer to the user within 24 hours or transmits a new offer to the user which the user may then accept within the deadline specified. Only after receipt of a confirmation of booking transmitted by BCD Travel is the contract of offer made by the user accepted by the Travel service provider. A confirmation of receipt issued by BCD Travel (e.g. merely confirmation that the brokerage order has been received) does not in itself constitute acceptance of the offer.

3.5) A contract is entered into between the user and the respective Travel service provider in the event of availability of the requested Travel service and acceptance of the offer by the Travel service provider. The general standard terms and conditions, tariff regulations and other regulations of the respective Travel service provider come into effect upon validity of this agreement. These may regulate terms of payment, conditions of due dates, liability, cancellation, change bookings, and refunds (if so applicable), frequent flyer programmes, transfer costs, check-in times or other restrictions. The user shall contact the Travel service provider selected by him/her directly with respect to the details of the applicable terms and any other regulations (for example transfer costs, frequent flyer programmes, changes to departure and arrival times).

3.6) Air tickets are generally issued in the form of electronic tickets and are in turn checked in via machines in the airport terminals or online via the website of the Travel service provider. The ticket can only be issued if the user uses the same personal credit card at the machine as was specified during the original booking procedure. In so far as the user wishes to be issued with a printed paper air ticket against a surcharge, this ticket will be sent by post. BCD Travel cannot and does not accept any liability for the loss of the ticket in the post. In exceptional cases, air tickets may at the telephone request of the user be deposited, subject to surcharge, by BCD Travel Schiphol Desk ( across the KLM desks) or with the respective airline. The amount of the surcharge is specified in section 6.1.

3.7) No specific documents are forwarded in case of car rental and hotel bookings. In such cases the user should present the reservation number at the hotel, or the car rental office.

3.8) Reservation and ticketing will be completed at the same time. After ticketing the conditions of the ticket concerning changes and/or cancellation will apply immediately. These deadlines do not include the time possibly necessary to arrange a visum. Further information about visa is provided via www.bcdtraveldirect.be under Prepare Trip.

3.9) A user with a booking for outbound and return flight is obliged to attend both flights. If the outbound flight is not attended, the return flight will be cancelled automatically by the airline. There will be no refund of the ticket price either by the airline or by BCD Travel as Travel service broker. The (remaining) ticket will be refunded in the case of not attending the return flight or the entire trip, provided the ticket is actually refundable.

3.10) The services and Travel information brokered may be fully or partially provided directly via an international Travel booking or information system or may be referred directly to such systems via a hyperlink. Be advised that such Travel offers and Travel information may specify conditions and regulations in the English language which may also affect the type and scope of the Travel service. Users herewith expressly confirm and accept that such English language regulations also apply to the user within the user’s contractual relationship with the respective Travel service provider. In case of comprehension difficulties the user may make use of the services provided by the BCD Travel Direct Service Center via telephone number 070 22 22 03 (charged at a rate of 0,30 €t/min, opening hours 9.00 – 17.00 hours Mo-Fri.)

4.) User obligations

4.1 The user is obliged to check that all booking confirmations and any other Travel documents received are correct and complete.

4.2 Any deficiencies in the brokerage service provided by BCD Travel shall be notified to BCD Travel without delay and opportunity given to affect a remedy. If such notice is not provided the customer defaults on any right to make a claim arising from the brokerage contract in so far as BCD Travel would have been in a position to undertake a reasonable remedy.

5.) Change booking and cancellation

5.1) Change bookings and cancellations are subject to the terms of the respective Travel service provider.

5.2) In the event that change bookings and cancellations are made via BCD Travel Direct Service Centre, such brokerage services may be subject to further service fees. The level of these fees is specified in section 6.1.

6.) Payment and payment conditions

6.1) As payment for the Travel services brokered by BCD Travel, the user shall pay a fee charged in accordance with the service fee schedule valid at the time of acceptance of the Travel service.

BCD Travel service fee schedule valid as of October 24, 2011 is as follows:

  • Flight online: EUR 15
  • Flight telephone:
    • Europe Air Ticket: EUR 37,50
    • Intercontinental Air Ticket: EUR 42,50
  • Flight change booking/cancellation: EUR 35 only via telephone
  • Car/Hotel online: No administration fee
  • Car/Hotel Telephone: †EUR 10†
  • Connection by telephone to the BCD Travel Direct Service Centre is charged at a rate of 0,40 EUR per minute.

6.2)The service fees are inclusive of the valid rate of value added tax.

6.3) BCD Travel reserves the right to change the service fees. The currently valid service fees are listed in these Terms. The service fee charged for a brokerage order shall be the respective service fee valid at the time of the booking and as specified in these Terms.

6.4) The service fee constitutes the sole payment due BCD Travel for the brokerage of the Travel services by BCD Travel. In addition to the fees charged by BCD Travel, items such as deposits, change bookings and cancellation may be subject to further fees of the service provider in accordance with the service provider’s terms and conditions. These costs shall be borne by the user.

6.5) In the event that services are brokered separately the service fee shall be charged for each single brokered transaction, irrespective of whether several Travel services may be considered to form an entity. In the event of several services which together form one journey, it is possible that several separate fees may be incurred for the services booked. Services fees are also incurred for each individual Traveller.

6.6) When a booking is concluded the price due for the brokered Travel service(s) of the Travel service provider and the service fees of BCD Travel are displayed on the screen.

6.7) The BCD Travel service fees become due upon transmission of the confirmation of booking. The due date of the costs demanded by the Travel service provider for the Travel services are specified in the respective terms and conditions.

6.8) The amounts charged by providers for Travel services (e.g. cost of air ticket) and the service fees charged by BCD Travel for the brokerage of the Travel services shall be charged to the personal credit card specified by the passenger/Traveller during the ordering procedure. In case of payments to be charged to a credit card of which the user is not the holder, written consent by the card holder needs to be presented.

6.9) The user herewith grants BCD Travel the explicit authorisation to charge on behalf of the Travel service provider the Travel price due and the service fees due BCD Travel to the user’s credit card by way of the credit card data provided. In so far as the Travel service provider intends to handle the payment details itself, this authorisation also grants BCD Travel the right to forward the credit card data provided by the user to the Travel service provider.

6.10) In addition BCD Travel herewith reserves the right to also charge any administration fees incurred by BCD Travel or the Travel service provider relating to the credit card booking. The user shall be informed as to any relevant fees. BCD Travel reserves the right to charge any billback fees incurred as a result of the credit card payment to the user. This will be the case by some low cost carriers

6.11) BCD Travel further reserves the right perform random security checks in order to pre-empt credit card misuse. In this case the user may be requested to provide BCD Travel with proof of address and a copy of the credit card by fax or by post prior to the issue of any tickets.

7.) BCD Travel liability

7.2) Concerning the individual details of the journeys, BCD Travel is dependent upon the information received from the respective Travel service provider. BCD Travel undertakes all reasonable efforts to ensure that the information, software and other data presented on the website, in particular data relating to prices, restrictions and dates are current, complete and correct at the time point of publication. BCD Travel does not accept any liability for the correctness, completeness and reliability of third party content.

7.3) All Travel services presented in the online Booking Portal are subject to availability.

7.4) BCD Travel explicitly excludes any liability relating to the availability of the Travel services of the performance thereof by the Travel service provider.

7.5) Furthermore BCD Travel shall only bear liability for damages other than personal injury in the case of intent or gross negligence, liability due to warranted properties and liability for the violation of cardinal obligations.

7.6) In the case of slightly negligent breaches of obligations, BCD Travel’s liability is limited to typical contractual and foreseeable damages and in any case to an amount of maximum three times the value of the booked Travel service.

7.7) BCD Travel is not liable for loss, destruction or damage of the Travel documents in connection with the forwarding thereof.

7.8) The individual details presented of the journeys are based on the details provided by the Travel service provider. These do not constitute a warranty of any kind on behalf of BCD Travel. BCD Travel is not liable for the availability of a Travel service at the time of booking. This provision does not apply if BCD Travel was aware of deficient or incorrect details or should have been aware thereof under the assumption of regular business and trading diligence. In so far as BCD Travel bears liability for circumstances of which it should have been aware this liability is limited to intent or gross negligence.

7.9) Within the terms of this contract, BCD Travel shall not be liable for the consequences of force majeure. This provision includes any instructions issued by authorities, war (declared or not), civil unrest, aircraft hijacks, terror attacks, fire, flood, power failure, accidents, storm, strike (company- or nationwide), lock-outs or other labour conflicts which may affect the services provided by BCD Travel or its suppliers.

8.) Data protection

8.1) General
BCD Travel sets a high priority on protecting the private sphere and personal data of users. This aspect has also been the focus of attention during the implementation of its internet activities. The data protection activities implemented by BCD Travel in practice are compliant with pertinent and valid data protection law. In order to provide maximum protection of user data against random or deliberate manipulation, loss, destruction or unauthorised persons, BCD Travel has adopted appropriate technical and organisational security measures. BCD Travel shall seek to evolve these security activities on an ongoing basis in accordance with technical developments, but can nonetheless not be held liable for any misuse.

8.2) Personal data
Personal data are such information as may be used to identify the user. Such information includes for example correct name address, postal address, telephone number or eMail address. Information which may not be used directly to identify a user’s true identity (for example favourite websites or number of users on a site) are not covered by the term personal data.

8.3) Anonymised data
Every access to the contents of this online Booking Portal triggers automatic storage of general data (e.g. number and period of visits to individual pages). These data are not personal data. They are used exclusively for statistical purposes and to optimise the internet offer.

8.4) Important information for persons visiting the USA
According to a federal US law for the purpose of identifying terrorists, airlines are obliged to provide US immigration authorities with the flight and booking data of all passengers to the USA prior to their entry. Entry to the USA is not possible without this data transmission. In this case user hereby explicitly consents to the transmission of such data to the USA.

8.5) Disclosure of personal data to third parties
We transfer personal data of the user to the respective Travel service provider in order to allow processing of the Travel contracts brokered by us. When BCD Travel transmits such data to service providers those service providers have to comply with BCD Travel’s contractual provisions on data protection in addition to any compulsory legal requirements. The collection or the disclosure of personal data to state organisations and authorities only takes place if required by law. User herewith expressly declares her/his agreement to the use/disclosure of her/his personal data for the purposes specified in this section 8.5.

8.6) Cancellation of consent
User is entitled to revoke the consent given under section 8.5 at any time – this, however, only takes effect on future bookings. Such revocation is completed by sending an email to† content.team@bcdtravel.de After the deleting of the user profile a conformation will be send to the user. Further use of the system will only be possible after the user establishes a new user profile.

8.7) Right to information / other user rights
The user is entitled free of charge and upon request to receive information as to any data stored about his person. Furthermore, the user has the right to modify, delete or block incorrect personal data. Deletion of the personal data may under certain circumstances be precluded by legal requirements in particular with respect to data stored for invoicing and bookkeeping purposes.

8.8) Cookies
BCD Travel uses “cookies” (small data packages comprising configuration information) in accordance with the regulations. Cookies are used to determine the user frequency and number of users on this website and also to enhance ease of use of the product range on offer. BCD Travel uses cookies to store information such as user ID. Furthermore, cookies can be used to classify user data, for example to ease site use for the user. e.g. cookies can waive the need to completely re-enter all personal data for a renewed booking. It is, however, possible to use BCD Travel’s offers without cookies. Most browsers are set up to accept cookies automatically. Users can configure their browser to deactivate storage of cookies or to inform the user whenever cookies are sent.

8.9) Links to other websites
This online Booking Portal contains links to other websites. The provisions of the data protection declaration above do not extend to other providers. BCD Travel has no influence on whether third party operators comply with data protection provisions and therefore cannot accept any responsibility for correctness, actuality or completeness of information provided thereon.

8.10) Questions and comments
Should you have any questions, ideas or comments on the subject of data protection, please contact the BCD Travel data protection officer by e-mail:† content.team@bcdtravel.de

9.) Miscellaneous

9.1) Deductions
A user may only deduct undisputed or legally specified claims against BCD Travel.

9.2) Transfer of rights
BCD Travel is entitled at any time to transfer rights and/or obligations in full or in part as arising from this agreement to companies within the global BCD Travel network.

9.3) Changes to Terms
BCD Travel reserves the right to change the general standard terms and conditions for the use of this website with immediate effect at any time without notice or to renew said Terms without any obligation to advise users accordingly. The current and latest version of the general standard terms and conditions shall be available on the website from the time of their validity. The act of using the website after changes to the general standard terms and conditions have come into force constitutes the user’s agreement with the changes.

9.4) Completeness
These general standard terms and conditions contain all agreements in full of the brokerage contract which exists between the user and BCD Travel and succeeds all previous agreements or warranties irrespective of whether these were made orally, electronically or in writing.

9.5) Salvatory clause
If any of the above provisions are or become invalid, the remaining provisions shall be unaffected by this. The invalid provision shall be replaced by a provision which best approximates the intended business purpose of the provision to be replaced.

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