THE LEGAL STUFF
Before making a booking payment you must read, understand, and agree to our Terms of Travel and Liability Waiver. If in doubt, or if you have any questions, please email email@example.com and we will be happy to clarify anything for you. Any form of payment constitutes acceptance of the Terms and Conditions.
TABLE OF CONTENT
TERMS OF SERVICE & TRAVEL
1. Identification data and definitions
“Tour operator” or “WOODWINGS” :
WoodWings bv, with registered office at 3540 HERK-DE-STAD, Terbermenweg 46 and with company number 0578.989.832, with phone number +32 497 70 70 31, with email address firstname.lastname@example.org and bank account number IBAN: BE08 3631 4402 2913, BIC: BBRUBEBB.
“The Website” :
The Website linked to the domain name “www.campwoodwings.com”, owned by WOODWINGS, as well as any other Website that was developed by WOODWINGS or would be developed.
“The Customer” :
Any natural or legal person who places an order through the Website, both for themselves as for third parties.
The joint designation for WOODWINGS and the Customer.
“A / the Party” :
The single designation for, depending on the case, WOODWINGS or the Customer.
The concepts "travel service", "travel package", "travel package agreement", "travel service agreement" and "associated travel arrangements" will have the meaning as defined and provided in article 2 of the Law of 21 November 2017 on the sale of travel packages, associated travel arrangements and travel services.
2.2 These Terms and Conditions are about the order procedure (i.a. via the Website) and the regulation of the in that way established travel contract between the Customer and WOODWINGS. These special conditions include all necessary parts of it, without prejudice to any additional conditions that would be mentioned on the order form and the travel contract.
2.3 The Customer shall in the course of the ordering process, before placing the order, take notice of the Terms and Conditions, through a separate stage in the ordering process, in which he will be asked to approve (e.g. by affirmatively checking the box with the text "I confirm to have taken notice of the Travel Conditions and to understand and to accept them") before he will be admitted to the next stage in the ordering process. The order confirms the acceptance and the applicability of these Terms and Conditions. If the contract is concluded electronically, the text of these Terms and Conditions will be made available by electronic means to the Customer in such a way that the Customer can easily access them.
2.4 These conditions may at any time be consulted by the Customer.
2.5 These Conditions apply without prejudice to the application of mandatory legal provisions for the protection of consumers (in particular the relevant provisions of the Belgian Code on Economic Law (WER)) and the Law of 21 November 2017 on the sale of travel packages, associated travel arrangements and travel services
2.6 WOODWINGS can unilaterally amend the provisions of these Conditions. Changes will be announced on the Website and/or electronically. Every purchase will be subject to the version of the Conditions applicable at the time of the acceptance of the order by WOODWINGS. Continued use of the Website will be considered acceptance of the new Terms and Conditions. These Terms and Conditions were last amended on 1 December 2022.
3. Conclusion of the contract
3.1 The Customer is finally connected after (i) placing the order through the Website, and (ii) confirming his acceptance of these Terms and Conditions. A booking on request is considered a definite reservation. The travel contract is concluded at the moment when the Customer receives written confirmation of the booked trip from WOODWINGS (e.g. by email).
3.2 Customer orders are always placed under the suspensive condition of sufficient available accommodation at the destination and under the suspensive condition of reaching the minimum number of participants as provided in article 14.
4. Legal capacity and capacity to exercise rights of the Customer
The Customer declares:
4.1 To be over the age of 18 years upon his arrival, and to have the necessary legal capacity to place the order;
4.2 To have entered the correct email address of the adult parents/guardian during the booking process, at which WOODWINGS has sent an email for validation of relevant booking by the adult parents/guardian;
4.3 To place orders exclusively for non-professional purposes.
5. Description, images and rating of the accommodation
5.1 WOODWINGS receives the description, the image material and the valuation of the accommodation at the destinations presented on the Website or in its brochures through third parties. In no way WOODWINGS guarantees the accuracy, clarity or the completeness of the description, the image material and the rating of the accommodation on the Website and/or in its brochures. WOODWINGS is in no way liable for errors, inaccuracies and/or incompleteness in the presentation of the on the Website or in its brochures shown accommodation, nor for any damage resulting from this to the Customer or for third parties.
5.2 The information on the Website, including images and descriptions, is of a general nature and indicative, is not adapted to personal or specific circumstances, can in no way be regarded as personal advice or contractual obligation and cannot give rise to compensation or termination of the agreement, except on the basis of applicable law.
6. No right of withdrawal
6.1 The Customer, who is a consumer or places an order in the capacity of a consumer, acknowledges and agrees that, in accordance with articles VI. 53, 1 ° and 12 ° Belgian Code Economic Law (WER) has no right of withdrawal for (i) agreements towards any service after full implementation of the service and as far as the implementation has started with the express prior consent of the Customer and (ii) for the provision of accommodation other than for residential purposes, transport, car rental services, catering and services related to leisure, as far as in the agreement(s) a specific date or period of performance is provided.
6.2 Non-fulfilment of any payment, particularly the advance payment and/or the full travel sum, by the Customer is not considered as a cancellation by WOODWINGS or as any other cancellation of the travel contract due to the Customer. When the Customer has placed the order with WOODWINGS, the Customer is definitively connected to the travel contract and therefore to the corresponding payment.
6.3 The Customer can cancel the travel contract in accordance with the provisions of the (appropriate) Terms and Conditions.
7. Price and payment
7.1 The offer and the prices include VAT and are quoted in Euro. The offer and the prices are valid on the day on which the Website is visited and/or the order is placed. The offer and prices can be changed at any time by WOODWINGS before placing an order.
7.2 At the time of placing the order, and within 7 days, the Customer is obliged to pay a deposit of at least 20% of the total price of the trip (hereinafter referred to as: "the Price").
7.3 The Price includes everything described in the booking overview that is delivered to the Customer via email. The Customer is responsible for specifying the correct email address at the time of booking.
7.4 WOODWINGS operates with community-driven pricing. This means that the final price is depending on the number of participants. WOODWINGS reserves the right to increase the final price no later than 45 days before the day of departure. At that point, the Customer will have 7 days to cancel the travel contract free of charge or accept the updated price.
7.5 In addition, WOODWINGS has the right to adjust the Price no later than 20 days before the day of the departure to inflation, transport costs (including fuel costs), taxes and duties.
7.6 Any fees, taxes and procedural requirements that would be incurred on orders from outside Belgium are borne entirely by the Customer.
7.7 The amount due is payable in full after confirmation of the order. If the Customer opts for online payment, he has a choice between bank transfer at a Belgian financial institution (ING) or via the online payment platform Mollie which accepts the following payment methods: Bancontact, Credit card, PayPal, Sofort and iDeal.
7.8 WOODWINGS has made every effort to optimize the security and confidentiality of online payments, but is in no way liable for any theft, loss of data or any other damages which the Customer or a third party might suffer as a result of the online payment, without prejudice to mandatory legislation on data protection.
If the Customer uses the online payment platform Mollie, MOLLIE BV is responsible for handling the online payment. MOLLIE BV only handles the payment and has no influence on the delivery of the products or services ordered by the Customer. MOLLIE BV is a Payment Service Provider (PSP).
7.9 On the destination a guarantee may be required by the accommodation provider. This must be paid locally to WOODWINGS. If a chalet is booked and the chalet on departure is found to be in order, it will be returned. The agreement for the provision of a guarantee is a contract between the Customer and the accommodation provider, without WOODWINGS becoming a party in any way, without WOODWINGS being committed in any way to the accommodation provider and without WOODWINGS can be held liable in any way in this matter.
7.10 The Customer must pay the balance of the Price (after payment of the deposit as defined in 7.2) not later than 45 days before the date of arrival, or in case the order is done later at the latest at the time of placing the order.
8.1 In the absence of payment on the due date as specified on the invoice, WOODWINGS is legally and without proof of default entitled to the payment of interest on arrears to a conventional interest rate of 15% per annum from the due date of the invoice until the date of full payment. The foregoing is without prejudice to the right of a higher compensation by WOODWINGS, if evidence of a higher damage actually suffered by WOODWINGS is provided. In case the Customer is a consumer and WOODWINGS fails to repay certain sums to the Customer in a timely manner, the last mentioned can claim, in implementation of article VI. 83, 17 ° Belgian Code Economic Law (WER) the same fees as defined above.
8.2 By the mere expiration of the due date, the Customer is automatically and without formal notice under article 1139 of the Belgian Civil Code in default.
8.3 The incomplete or non-payment by the Customer on the due date as provided in 8.1 can be considered a breach of contract granting WOODWINGS the right to suspend its commitments regarding the Customer without prior notice. The foregoing shall not affect the right of WOODWINGS to dissolve the contract extra-judicial (i.e. without prior judicial intervention), after the sending of a notice of default by WOODWINGS after which the shortcoming is not corrected within a grace period of 7 days or less in case the date of departure is closer. The foregoing shall not affect the right of WOODWINGS to claim additional damages.
8.4 If the Customer consists of multiple persons, those are held jointly and indivisibly liable to these payments, to which the agreement obligates them.
9.1 The promotions are applied as indicated by the rate tables on the Website or in the brochures of WOODWINGS.
9.2 Promotions and discounts are non-accumulable.
10. Travel documents
The travel documents will be sent by email to the email address specified by the Customer. It is the responsibility of the Customer to facilitate the receipt of that email. As long as the Customer defaults to pay the price in full, WOODWINGS will not transfer the travel documents to the Customer, without WOODWINGS undertaking any liability in this matter.
11. Joint and Several Liability
The Customer is severally and indivisibly liable for the fulfillment of all obligations arising from the travel contract of all other persons who will be using the by WOODWINGS (whether or not via third party) provided services (e.g. accommodation, transport, etc.) and that are listed in the travel contract. WOODWINGS assumes that the Customer is acting as agent of any person who will be using the by WOODWINGS (whether or not via third party) provided services (e.g. accommodation, transport, etc.) and that are listed in the travel contract. The Customer must in relation to WOODWINGS uphold that the persons who will be using the by WOODWINGS (whether or not via third party) provided services (e.g. accommodation, transport, etc.) and that are listed in the travel contract will honor their commitments in relation to WOODWINGS.
12. Duration and timetable
12.1 When travel includes transport and in which traveling time and period of stay are listed in days in the publication, the days of departure and arrival, regardless of the departure and arrival time, count as full days.
12.2 The set hours of shuttle departure and/or arrival are always reported informatively and may be subject to change. Except in the case of a late closed contract, WOODWINGS will at least 7 days before the date of departure provide the Customer information on any stops and connections as well as the place taken by the traveler.
13.1 Except in the case the Customer has concluded a cancellation insurance and the cancellation is caused by one of the risks insured by the cancellation insurance, the Customer is obliged to pay a cancellation fee to WOODWINGS corresponding to the price of the booked travel by the Customer:
• More than 45 days before departure: 40% of the total amount
• Between 45 and 30 days before departure: 80% of the total amount
• Less than 30 days before departure: 100% of the total amount
13.2 Above costs and fees will be increased by all costs already incurred by WOODWINGS, among them the insurance fee and any costs charged by suppliers.
14. Availability and minimum number of participants
14.1 Orders are always accepted subject to sufficient available accommodation at the destination.
14.2 A minimum attendance of 60 people is required at the latest 45 days before the date of departure. If there are less than 60 participants booked at least 45 days before the date of departure, WOODWINGS has the right to cancel the travel at the latest 30 days before the date of departure and to terminate the travel contract by sending a notice to the Customer. Where appropriate, WOODWINGS will refund any received payments from the Customer within 15 days, without the Customer to be entitled to compensation.
15.1 Pets are only allowed on the destinations proposed on the Website of WOODWINGS prior to written consent of WOODWINGS.
15.2 It is not possible to accompany their owners in a coach or other by WOODWINGS organized transport.
15.3 The Customer must be in possession of a pet passport when he takes his or her pet.
15.4 The transport of the pet is at own risk and for own account of the Customer. WOODWINGS can in no way be held liable for any damage, injury or death of the pet as a result of the by the Customer booked travel at WOODWINGS.
16.1 If the Customer has concluded a cancellation insurance through WOODWINGS, he is insured by VAB NV, Pastoor Coplaan 100, 2070 Zwijndrecht - Belgium, company registration number: 0436.267.594. For the exact conditions of the cancellation insurance is referred to VAB NV; Tel. +32 3 253 61 30 ; e-mail email@example.com.
16.2 If the Customer has concluded a travel insurance through WOODWINGS, he is insured by VAB NV, Pastoor Coplaan 100, 2070 Zwijndrecht - Belgium, company registration number: 0436.267.594. For the exact conditions of the travel insurance is referred to VAB NV; Tel. +32 3 253 61 30 ; e-mail firstname.lastname@example.org.
16.3 If the Customer has concluded a COMFORT insurance through WOODWINGS, he can cancel his trip completely free of charge up to 24 hours before the start of the trip, regardless of the reason.
• If the Customer cancels with a valid/attested reason, his trip will be reimbursed 100%, after deduction of the cost of the booked COMFORT insurance.
• If the Customer cancels without a valid/attested reason, his trip will be reimbursed 100% with a travel voucher, after deduction of the cost of the booked COMFORT insurance.
If WOODWINGS cancels the trip, the trip will be reimbursed 100%, after deduction of the cost of the booked insurance.
17.1 In the case of (i) shortcomings in the execution of the contract are attributable to the traveler / Customer, (ii) shortcomings, which could not be foreseen or could not be avoided, which are attributable to a third party who is unfamiliar with the services referred to in the contract, (iii) shortcomings due to force majeure and (iv) shortcomings due to an event that WOODWINGS could not even foresee or remedy, with due observance of the greatest care, WOODWINGS will charge the Customer for the costs incurred by it.
17.2 The liability of WOODWINGS for material damage and the compensation for loss of travel pleasure is in any case limited to twice the Price of the travel contract.
17.3 WOODWINGS is not liable for:
17.3.1 Any arrest by the local authorities or police services of the Customer due to non-compliance with local legal requirements;
17.3.2 Events (excursions, sports activities, events, etc.) that are not included in the services offered by WOODWINGS and / or that are booked locally by the Customer with third parties;
17.3.3 Damage or costs arising from deviating from the planned program on the Client's own initiative or from withdrawing from the tour guide or instructors;
17.3.4 Injuries resulting from the non-wearing of the mandatory protective equipment, in particular a full-face helmet, back protection, knee protection, elbow protection and gloves;
17.3.5 Injuries inherent to the organized sport activities.
17.4 The Client expressly acknowledges and declares that:
17.4.1 The sports activity described herein, is, by its nature, inherently dangerous and may result in injuries including serious bodily injury and/or death which no amount of care, caution, instruction, supervision, or expertise can eliminate;
17.4.2 His/her decision to participate implies the acceptance of the risks inherent in the event;
17.4.3 He/she is fully aware of the fact that the risks inherent to this type of event are only partially under the organizers control and that in this very case it is impossible to guarantee the absence of risks and that, whatever the measures taken by the organizer, the latter is not in a position to avoid all possible harms;
17.4.4 He/she is aware of the fact that a fall and any other accident may lead to serious bodily injuries and even death. Therefore, the Client acknowledges and declares that his/her attention has been drawn on the fact that at any time he/she may refrain from participating in the event, without prejudice, on the basis of his/her own assessment of the risks.
18. Lost objects
WOODWINGS cannot be held responsible for lost and/or damaged items.
20. Admission to the representation and use of visual works
Visual material (photographs and videos) taken during participation in the trip can be used for publicity purposes by WOODWINGS and / or by its partners, without limitation of space, time, integral or extract. The Customer explicitly waives any request for compensation for the use and exploitation of the rights associated with current authorization. If the Customer does not grant permission, he must notify this at the latest 24 hours before the start of his trip by e-mail to email@example.com.
21. Force Majeure
21.1 In case of Force Majeure WOODWINGS is released from any commitment without the Customer being entitled to claim compensation.
21.2 If the conditions of Force Majeure or the consequences drag on for more than three (3) months, the through the Website completed order comes to an end by law and without notice. Where appropriate WOODWINGS undertakes to reimburse the received money from the Customer as soon as possible, after deduction of the cost of the booked insurance.
22.1.1 Before departure
If the Customer has a complaint before departure, he must submit this at the latest 24 hours before departure by registered letter or against receipt to WOODWINGS.
22.1.2. During the trip
Complaints during the execution of the contract must be reported by the Customer as soon as possible on the spot in an appropriate and evidential way, in order to search for a solution. For that he must - in this order - contact the relevant local service provider, a representative of WOODWINGS, or finally directly WOODWINGS.
22.1.3. After the trip
Was a complaint on the spot not satisfactorily resolved or could the Customer impossibly formulate a complaint on the spot, then he must at the latest 1 month after the end of the travel contract file a complaint at WOODWINGS by registered letter or against receipt to, in the absence of which the complaint will not be investigated.
22.2 A dispute arises when a complaint cannot be resolved amicably, or not is resolved within 4 months from the end of the travel contract, or from the planned date of departure if the travel contract was never executed. In the event of a dispute between WOODWINGS and the Customer, at the option of the plaintiff and as appropriate, only (1) the District Court of the 2nd District of HASSELT, (2) the Court of First Instance of HASSELT, or (3) the Commercial Court HASSELT, according to their respective powers, are competent to hear this dispute, notwithstanding the right of WOODWINGS to sue for the court that would have the material and territorial jurisdiction in the absence of the present jurisdiction clause.
23.1 The nullity, invalidity, unenforceability and / or unenforceability of one of the clauses of these special conditions does not affect the legality, validity, enforceability and / or enforceability of the remainder of these Special Conditions and of the order concluded via the Website.
In case of invalidity or non-inviolability of all or part of a clause, WOODWINGS and the Customer will negotiate in good faith in order to replace the void or non-opposable clause with a valid clause with the same effect.
In case one of the provisions of the Agreement exceeds any legal restrictions, the relevant provision or the part of it will not be void, but WOODWINGS and the Customer are deemed to have agreed that this provision or the conflicting part of it shall be reduced or limited to the maximum that is permitted under applicable law and any provision or part of it that exceeds these limits will be legally adjusted or replaced by a valid clause that is as close as possible to the intentions of WOODWINGS and the Customer.
23.2 The use of the Website as well as the subsequent relationship between WOODWINGS and Customer and between WOODWINGS and third parties, including the order placed, any dispute about the interpretation or application of the conditions of WOODWINGS, shall be governed exclusively by Belgian law.
23.2 WOODWINGS obliges the use of protective gear, as mentioned in article 17 § 3, during the sport activities. Participants who don't have adequate protection gear with them on their holiday, must bear the costs of the purchase or rental of adequate gear.
RELEASE OF LIABILITY
Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnity Agreement (hereinafter referred to as the “Release Agreement”).
By agreeing to this Release Agreement you will waive certain legal rights, including the right to sue. Please read carefully!
To: Camp Woodwings (WoodWings bv, the Company), and its directors, officers, employees, agents, representatives, servants, independent contractors, subcontractors, representatives, sponsors, successors, and assigns (all of whom are hereinafter collectively referred to as “the RELEASEES”).
Assumption of Risk. I, the client am aware that surfing and any other activities offered by the Company involve the risk of injury including death. I am aware that there is a risk of negligence by the Company and/or the trip operator, including the failure by the Company and/or the trip operator to safeguard or protect me from or warn me of the risks, dangers, and hazards of activities including road travel, (downhill) longboarding, skateboarding, uphill shuttling, and other sports activities. I freely accept and fully assume all risks, dangers, and potential hazards associated with participating in a trip to Camp Woodwings and the possibility of loss, personal injury, or death resulting there-from.
In consideration of booking a trip to Camp Woodwings, I hereby agree as follows:
1. To waive any and all claims that I have or may in the future have against the RELEASEES and to release the RELEASEES from any and all liability for any loss, damage, expense or injury including death, that I may suffer or that my next-of-kin may suffer as a result of a trip to Camp Woodwings, due to any cause whatsoever, including negligence, breach of a duty of care, on the part of the RELEASEES, and further including the failure on the part of the RELEASEES to safeguard or protect me from or warn me of the risks, dangers, and hazards of participating in a trip to Camp Woodwings;
2. To hold harmless and indemnify the RELEASEES from any and all liability for any property damage or personal injury including death to any third party resulting from my participation in a trip to Camp Woodwings;
3. This Release Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4. This Release Agreement and any rights, duties, and obligations between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of Belgium and no other jurisdiction; and
5. Any litigation involving the parties to this Release Agreement shall be brought solely within Belgium and shall be within the exclusive jurisdiction of the Courts of Belgium.
1. Identification data and definitions
WoodWings bv, with headquarters in 3540 Herk-de-Stad, Terbermenweg 46 and with company number 0578.989.832, with phone number +32 497 70 70 34, with email address firstname.lastname@example.org and bank account number IBAN: BE08 3631 4402 2913, BIC: BBRUBEBB.
“The Website” :
The Websites linked to the domain name “www.campwoodwings.com”, owned by WOODWINGS, as well as any other Website that was developed by WOODWINGS or would be developed.
“The User” :
Any natural or legal person who consults the Website, either directly after entering the domain name “www.campwoodwings.com” in the URL field, or indirectly by reference through a hyperlink on a third-party Website, both for commercial and non-commercial purposes.
2.2 The Website is created by and is managed by WOODWINGS.
3. Intellectual property rights
3.1 The User formally acknowledges that the Website, including the texts, the structure, the layout, the graphics, the presentation, the names, the marks, the logos, the software as well as the whole of any other elements included in the Website, are protected by intellectual property rights belonging to WOODWINGS, its suppliers or partners.
3.2 In particular, any reproduction and any public communication of the Website, including the elements listed in paragraph 1, is prohibited without the express prior written consent of WOODWINGS.
3.3 In particular are the names, signs and logos on the Website and the domain names associated with the Website registered trademarks. Any kind of use is forbidden without the express, prior written permission of WOODWINGS and of the copyright holders on these names, signs and logos.
3.4 If WOODWINGS offers the User the possibility of own contributions on the Website, it is forbidden to send work that is protected by intellectual property laws unless the User owns or has all the required permissions on the rights of the copyright holders. It is also prohibited for the User to include contributions that would compete with the law or the rights of third parties. The User undertakes to indemnify WOODWINGS fully and unconditionally against all claims of third parties resulting from a violation of these provisions.
4. Hyperlinks and references
4.1 References may be included on the Websites in the form of hyperlinks to other Websites and/or sources of information. These references are only by way of information, but are not controlled by WOODWINGS on content.
4.2 WOODWINGS can give no guarantee about the accuracy, the quality and/or completeness of the information provided through the references. These other Websites and information remain the sole responsibility of the owners of those Websites and information.
4.3 WOODWINGS is regarding the User and vis-à-vis third parties in no way liable for:
4.3.1 The contents of the content of this information or of these Websites and/or information sources;
4.3.2 The consultation of this information or these Websites and/or information sources and any decision made or action taken based on this information;
4.3.4 The damage that would result from these points.
4.4 The User, who is owner of a Website, is not allowed in any way to provide a hyperlink to the Website, without the prior express written approval of WOODWINGS.
4.5 Notwithstanding the foregoing, WOODWINGS has the right at any time to demand the removal of approved hyperlinks and the User is required to give effect to this without delay, without any right to compensation against WOODWINGS.
5. Liability of WOODWINGS
5.1 WOODWINGS receives the description, the image material and the rating of the accommodation on the destinations proposed on the Website or in its brochures via third parties. WOODWINGS guarantees in no way the accuracy, clarity, accuracy or the completeness of the presentation of the displayed accommodation on the Website or in its brochures. WOODWINGS is in no way liable for errors, inaccuracies and/or incompleteness in the presentation of the on the Website or in its brochures showing accommodation, nor for any damage that therefrom for the customer or for third parties would result.
5.2 Any malfunctions, interruptions or errors on the Website do not result in any right to compensation, nor on the part of the customer, nor on the part of third parties. So is WOODWINGS not liable for any transfer of viruses or other harmful files through the Website.
5.3 WOODWINGS may not, under any circumstances, be jointly and severally or heartily with third parties, be obliged to compensate any damage.
6. Adjustment of the Website
WOODWINGS has the right to edit the Website and all its components, in its sole discretion, at any time and without prior notice.