Terms and Conditions for Group Travel

1. Completion of travel contracts

1.1. The travel contract, along with the tour organiser’s forms (registration and travel confirmation, etc.) in the appendix, includes all the agreements, ancillary agreements, and specific customer requests, must be completed in writing. The travel confirmation must be given to the customer when the contract is completed, or as soon as possible; for bookings at short notice (made less than seven working days before departure of the journey) the organiser is no longer required to do so.

1.2. Bookings made over the phone are binding for the customer (this has been brought to the customer’s attention). Then, the travel contract is to be completed following article 1.1., 1^st sentence of these conditions.

1.3. A confirmation of a tour which is different to the initial registration for a tour counts as a new contract completion request that binds the organiser for ten days. The customer may accept within this time limit.

2. Booking requests via the website

The following conditions apply for completing contracts for booking requests via the website.

2.1. The customer has an appropriate correction option to correct, delete or reset their indications for the booking form as a whole, the use of which has been explained to them on the website.

2.2. The contract languages available for the online booking requests are indicated on it. The French version alone is legally binding.

2.3. The customer immediately receives a receipt notification for their booking request via email. Transmission of the booking request does not mean you are entitled to complete a travel contract. On the contrary, the tour organiser is free to decide whether to accept the customer’s offer or not.

2.4. The contract has been completed after the customer receives the booking confirmation from the tour organiser.

3. Payments

If the payment terms are not clearly indicated by the tour organiser, the customer declares having accepted the following terms: 

3.1. A deposit of 20% of the total price of the (group) tour is to be paid upon registration within 3 months prior to departure. The remaining balance of the trip must be paid 1 month prior to departure at the latest.

3.2. An adjustment of the deposit amount, mentioned in article 3.1, may be applied to some booked services.

3.3. Reimbursement of deposit(s) paid may not be guaranteed for some services (e.g., plane tickets, etc.)

3.4. A deposit of at least 80% of the total price of the tour is to be paid on the day of registration for the tour if registering less than 30 days prior to departure, the remaining balance of the trip must be paid before departure. 

3.5. The tour organiser may terminate the contract completed with the customer, cancel the tour, and invoice the customer for all the related cancellation costs, without prior formal letter nor formal notice, if instalments are not paid on the stipulated dates.

3.6. A final invoice will be sent at the end of the tour.

4. Amendments to services by the tour organiser

4.1.  Minor changes

The organiser can make minor changes to the contract before departure of the tour, even after completion of the contract, if this measure has been determined beforehand in writing. The traveller is therefore entitled to request a price reduction if the changes reduce the services, or to terminate the contract after payment of reasonable and justified cancellation fees.

4.2.  Essential changes

The organiser can make essential changes to the contract before departure of the tour, even after completion of the contract, that cause a price increase of more than 8% of the total price of the tour and that are based on objective reasons. The traveller is therefore entitled to request a price reduction, to accept another travel package offered by the organiser after a reasonable timeframe, or to terminate the contract. If the traveller decides to not accept the other tour proposed by the organiser or to terminate the contract, the organiser must refund the sums of money that have been paid already.

5. Increases / Decreases in prices

5.1. The tour organiser informs the customer that the tour organiser is entitled to increase the price of the tour after completion of the contract, in compliance with article L.225-8 of the Consumer Code, in the following cases:

1. a) Increase in the passenger transportation price due to the cost of fuel or any other energy source
2. b) Increase in the levels of taxes or fees for travel services included in the contract, imposed by a third-party which does not directly participate in the execution of the contract, including tourism taxes, landing, or boarding and disembarkation taxes in ports and airports
3. c) Increase in exchange rates linked to the tour.

5.2. A price increase is only allowed if the tour organiser has informed the customer on a durable medium, in a clear and understandable manner, about the reasons for the increase as well as the calculations that led to the increase.

5.3. The tour organiser must agree to a price reduction if requested by the customer, if the prices, taxes/fees, or exchange rates indicated in article 5.1. have changed since completion of the contract and prior to the start date of the tour and have led to a reduction in costs for the tour organiser. If the customer has paid more than the amount owed, the excess must be reimbursed by the tour organiser, who may in any case deduct administration fees. Upon request, the tour organiser must provide proof regarding the amount of administration fees involved.

5.4. Price increases are allowed up to the twentieth day before the start of the tour.

5.5. In the event of price increases of more than 8%, the customer can accept the increase or terminate the travel contract free of charge within a reasonable time limit as set by the tour organiser. The time limit is indicated at the same time as the price increase. If the customer does not expressly terminate the contract within the set time limit, the change will be considered as having been accepted by tacit agreement.

6. Cancellation by the customer - No-show of the customer

6.1. If a price increase is more than 8% of the group travel package price, the traveller is entitled to terminate the travel contract. If the organiser reserves the right to increase the tour’s price, the traveller is also entitled to a price decrease if the relating costs decrease.

6.2. The traveller may cancel the contract without paying cancellation fees and receive a full refund of all the payments received if one of the main elements of the tour is changed slightly.

6.3. Furthermore, the traveller may cancel the contract at any time before departure of the tour after expiry of the fourteen-day deadline following completion of the contract, by paying the reasonable and justified cancellation fees.

6.4. The customer expressly declares having been duly informed that this applies to cancellation fees. The customer declares having been informed about the cancellation fees to be paid to the tour organiser and expressly accepts them. The customer has been made aware of the fact that the tour organiser invoices, in the event of cancellation by the customer (including partial cancellations), a 5% charge of the total price of the tour, with a minimum administration fee of 50 € per booking and in addition, the amount of the insurance premium incurred for the cancelled tour, as the case may be.

If the booking includes one or more ticket orders, the price of these tickets (100%) must be paid in full by the customer.

If the tour is cancelled due to illness, a medical certificate with the date of the departure date at the latest must be submitted by registered post (in the event of an appeal for reimbursement by the insurance company).

In the event of cancellation of the tour, the customer is generally obliged to pay a set compensation fee depending on the price of the tour and that considers when it was cancelled, unless agreed otherwise when confirming the booking:

Cancellation *:                                                Cancellation fees*:

From 90 to 61 days prior to departure                    20%

From 60 to 31 days prior to departure                    50%

From 30 to 08 days prior to departure                    80%

From 07 to 01 days prior to departure                    90%

No-show** 100%.

 * These timeframes and cancellation fees may be changed in the event of exceptional circumstances that may not be attributed to the organiser.

*No-show or exclusion from the tour due to customer’s invalid ID documents.

6.5. The day the cancellation declaration is received by the organiser affects the timeframe calculation. The customer must cancel the service in writing.

6.6. If the travel contract includes plane tickets, cancellation fees for these tickets are determined by the airline company’s terms and conditions, in the event of cancellation or no-show for the tour.

7. Booking changes requested by the traveller

If the traveller demands changes to the booking after completion of the contract, the organiser may only invoice the traveller for a one-off maximum administration fee of 15 € unless the organiser can justify higher administration fees or compensation based on the tour’s price after deduction of savings for the tour organiser, as well as potential earnings from using the travel services that were initially provided for as part of the travel contract.

8. Transfer of travel contracts

The customer may transfer their contract (except transport tickets) on the condition that the tour organiser agrees to this. If the tour organiser accepts the transfer of the contract, the customer accepts to pay the transfer fees of a minimum of 100 €. 

9. Failures as part of the tour, traveller obligations and rights

9.1. If one of the important contractual services cannot be provided during the tour, the tour organiser will offer an equivalent replacement service at least, if possible. If a service is provided that is of higher quality, the tour organiser will take care of any extra costs.  If a service is of lower quality, the price difference between the initially planned service and the actual service provided will be refunded. If the organiser is unable to provide a replacement service or, if the customer does not accept the proposed compensation for a valid reason, the organiser must give the customer all the necessary transport documents for their return journey.  The customer may also terminate the contract if the conformity defect seriously affects execution of the contract and if the organiser does not take remedial action within a reasonable timeframe as determined by the customer.

9.2. If, due to exceptional and inevitable circumstances the customer’s return journey cannot be carried out as scheduled in the tour contract, the organiser will take care of accommodation costs, if possible, in an equivalent category, and for a maximum of three nights per traveller.

9.3. The traveller is entitled to a reduction in the price and/or compensation, if the services are not provided at all or are not provided correctly, unless this circumstance has been caused by the traveller, a third-party, or are due to a force majeure event.

9.4. The customer may take corrective measures themselves in the event of failure(s) as part of the tour after allowing the organiser a reasonable time limit to remediate the situation. The customer can therefore request compensation for the costs incurred. No time limit is required if the organiser refuses to take remedial action, if an immediate solution is objectively considered as necessary, as well as if the corrective measures require disproportionate efforts from the organiser.

9.5. In all the cases mentioned above, the customer must immediately inform the organiser’s representatives present at the destination, of non-execution or non-compliant execution of the travel services. If the customer omits to inform the organiser about the defect, they will not be entitled to a reduction in the price of the tour.

10. Transport tickets formalities

10.1. Information provided about the price of a ticket following a customer’s enquiry are only on an informative basis and are not binding in any way for the tour organiser. The ticket price is only binding for the tour organiser once the ticket has been issued by the booking system and paid for by the customer.

10.2. All amendment/cancellation requests from the customer will be subject to the payment of fees.

11. Information obligation for air passengers about the identity of the actual air carrier.

11.1. EC regulation no. 2111/2005 obliges the tour organiser to inform the customer about the identity of the actual air carrier(s) at the time of booking.

12. Passport, visa, and health formalities

12.1. The tour organiser generally informs the customer about necessary entry documents for the European State where the tour is on offer, for example passports and visas (including the deadlines to be observed for their receipt) and about health formalities (vaccinations, etc.) by the documents issued to the customer or before the booking, respectively before departure (including amendments that may have occurred in the meantime).

12.2. Once information obligations have been fulfilled following article 12.1., the customer must take care of all the necessary documents to take part in the tour, if the tour organiser has not made it clear that they will issue relevant visas or certificates.

12.3. If the customer is unable to attend at the start of the tour due to missing personal documents, the traveller is the sole person responsible for this if the omission is only due to their own fault.

13. Limitation of responsibility

13.1. The tour organiser’s contractual responsibility for damages, other than personal injuries, is limited to three times the price of the tour, if damage is not the result of the organiser’s deceit or gross negligence or if the organiser is the sole responsible for damages caused to the traveller after a failure/or the actions of a service provider.

13.2. If international agreements are applicable to the services to be provided by a service provider or if there are legal provisions based on these agreements and providing that damages may only be claimed on clearly determined conditions, the tour organiser may base themselves on these relevant agreements and legal provisions regarding the customer. 

14. Limitation period

14.1. Claims for insufficient travel services - except for personal injuries - are to be sent by the customer to the tour organiser within 30 days by registered post with receipt confirmation (date as per postmark as proof) after the return of the tour. The customer may be allowed a longer period if they can prove that an extended deadline is justified.

14.2. The traveller’s right to make a claim as provided for in article 14.1. - except for personal injuries - is generally limited to a year after the end of the tour as determined in the contract. The limitation of a year only takes effect after the customer has indicated the error to the tour organiser.

15. Information about insurances

15.1. The customer expressly declares that the tour organiser clearly indicated and explained that specific insurances are available that cover cancellation fees in the event of illness or other reasons as provided for by the insurance policy, as well as an assistance insurance that covers repatriation costs in the event of accident or illness.

15.2. According to article L.225-15 of the Luxembourgish Consumer Code, the tour organiser must provide proof of their financial guarantee. This is provided by the Mutualité Luxembourgeoise du Tourisme, mutual guarantee company (registered on the trade register under the no. B63569) at 7, rue Alcide de Gasperi, L-1615 Luxembourg. For tour packages the traveller may contact this institution or the relevant authority, as the case may be, (Ministry of the Economy, small & medium-sized businesses executive management, 19-21 Boulevard Royal, L-2449 Luxembourg, tel.: (+352 247 747000, email: travel@eco.etat.lu) if services are refused due to the insolvency of the organiser.

Payments will be reimbursed for travel packages, in the event of the organiser’s or travel agents’ insolvency, in some Member States. In the event of the organiser’s or the travel agent’s insolvency after departure of the tour, and if transportation is planned in the tour contract, this ensures the traveller’s repatriation.

15.3. The organiser has professional indemnity insurance cover with AXA Assurances Luxembourg, 7, rue de la Chapelle, L-1325 Luxembourg (Trade register No. B53466).

16. Applicable law

16.1. Luxembourgish law is applicable to these terms and conditions, as well as completed contracts between the organiser and the customers.

17. Conflict resolution

17.1. Disputes about validity, interpretation, execution, or termination of the contract between the tour organiser and the customer will be referred to mediation in accordance with the Centre de Médiation Civile et Commerciale (CMCC) de Luxembourg’s mediation regulation, the parties declare being affiliated with this centre if an agreement is signed for the purpose of mediation, as provided for in Article 1251-9 of the New Civil Procedure Code.

17.2. According to Article 1251-9 of the New Civil Procedure Code, the signing of an agreement for mediation suspends the limitation period if mediation proceedings are undergoing.

17.3. If either party decides to no longer pursue their conflict resolution process via mediation by the end of the first hearing in front of the mediator, the obligation to settle disputes via mediation as provided for in these terms and conditions is considered as accomplished and mediation considered to have come to an end as in Article 1251-5, paragraph 2, sentence 3, of the New Code of Civil Procedure.

17.4. If mediation did not settle a dispute between the tour organiser and the customer, in accordance with the Centre de Médiation Civile et Commerciale (CMCC) de Luxembourg’s mediation regulations, the Courts of Luxembourg are the sole competent jurisdiction for handling and settling this dispute.

18. Processing of personal data

18.1. The completion of a contract between the customer and the tour organiser means that the tour organiser must collect personal data from the customer, the processing of which is necessary for the execution of the contract and/or compliance with legal obligations. In such cases, data may be processed, stored and archived by the tour organiser, it may also be communicated to third-parties or sub-contractors. Any communication of personal data is done so in compliance with Luxembourgish and European Union law and the European Union General Data Protection Regulation (N°679/2016/EU).

18.2. Unless stipulated otherwise, this data includes the traveller’s surname or their representative(s)’s name (if it is a legal entity), a postal address, invoicing address, and email address. However, it is possible that information transmitted by the customer may cover more fields when this is necessary for the execution of the contract.

18.3. Access to this data will be secured and the tour organiser will inform the customer of any violation of the data.

18.4. The customer declares having been informed that they are entitled to access and rectify personal data about themselves at any time in compliance with current legislation in Luxembourg about processing of personal data, as well as the right to refuse processing of their data, which therefore results in the tour organiser’s right to refuse the completion of a contract with them if the aforementioned data is necessary for the execution of this contract.

18.5. Data may be stored throughout the duration of the contract and ten years after its expiration, without prejudice to any limitation period, legal or regulatory obligation which requires a longer storage period.

19. Important remarks

19.1. The tour organiser reserves the right to amend these terms and conditions. Eventual changes to these terms and conditions do not apply to the customer unless they have been informed in writing before completion of the tour contract.

19.2. When the tour contract is completed, the customer acts on their own behalf as well as for other people registered on this contract and that are taking part in the tour.

19.3. If Weber Tours s.à r.l does not act as tour organiser, but as an intermediary or retailer, the tour organiser’s general terms and conditions of sale apply to the tour contract completed between Weber Tours s.à r.l and the customer.