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GENERAL SALES CONDITIONS

GENERAL SALES CONDITIONS

GENERAL SALES CONDITIONS

Updated 2 augustus 2024

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Get Out There BV (afterwards Element X)
Oudenaardseheerweg 147, 9810 Nazareth, Belgium
VAT: BE0789739554
Bank account: BE 32 7370 6112 5302 

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1.    Scope of application
1.1    Unless otherwise agreed and expressly accepted by both parties, only these general terms and conditions apply to the legal relations between the parties. These general terms and conditions of the seller shall always take precedence over those of the customer.
1.2    By approving a quotation, transferring an order, receiving a delivery or the single payment of an invoice, the customer acknowledges to have read these general terms and conditions and declares to accept them. 

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2.    General
2.1    The order form/travel confirmation/invoice shall in all cases be deemed to be the written confirmation of the booked trip/purchase of goods/rental of goods. The agreement will only come about after this written confirmation and this subject to changes regarding rates, departure and arrival times, etc. 
2.2    Element X is not responsible for the necessary identity documents such as travel passes, visas, etc. which should be requested by the traveler. Likewise, Element X is not responsible for the necessary vaccinations, etc. 
2.3    Any costs that may arise as a result of incorrect information on the invoice signed by the customer or order form completed via the website are the sole responsibility of the customer.

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3.    Offers and deliveries 
3.1    All offers in any form are made without obligation and without any commitment. 
3.2    All offers are valid for 14 days.
3.3    Acceptance of an offer must be made in writing. The acceptance of the quotation constitutes an order. 
3.4    The mention of a delivery date only constitutes an indication and is not binding. 

4.    Cancellation of the order
4.1    If the customer breaks or cancels the agreement or if the agreement cannot be executed due to his/her fault, the customer shall owe Element X a compensation of 20% of the total amount of the order.

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5.    Complaints 
5.1    Any complaint or protest must be made, duly justified, by registered letter no later than 14 calendar days after the invoice date, after the date of delivery of the goods/services, failing which the customer is irrevocably deemed to have accepted and approved the invoice, the goods or services without any reservation.

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6.    Payments 
6.1    Unless otherwise stated on the invoice, all invoices are payable within 14 days of the invoice date by bank transfer.
6.2    In the event of non-payment of the balance, Element X reserves the right not to deliver the travel documents. Indeed, non-payment of the balance will be considered as a breach of contract by the traveler in accordance with the Law of November 21, 2017 on the sale of package travel, linked travel arrangements and travel services. The advance payment remains acquired for Element X and in case of cancellation by the traveler, the expenses must be paid in full by the traveler.In case of non-payment on the due date, the price will be increased by a compensation of 10% with a minimum of 62 euros and this by operation of law without any notice of default being required. In addition and also without any notice of default being required, interest of 1% per month will be due. Each started month will be regarded as a full month.

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7.    Right of withdrawal
7.1    Pursuant to Article VI.53, 12° Code of Economic Law, the consumer does not have a right of withdrawal.

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8.    Liability
8.1    The liability of Element X in case of damage caused by its fault is limited to the direct and foreseeable damage. Except in cases of intent or gross fault, Element X is in no case liable for indirect damages caused by its fault, such as in particular financial or commercial losses, loss of an opportunity, loss of profits, the increase of general costs. 
8.2    With the exception of physical damage, the liability of Element X is limited to the amount (without VAT) paid by the customer for the services/goods that caused the damage.
8.3    The above clause in no way extinguishes or reduces the legal guarantee obligations on the part of Element X towards consumers as stipulated in Articles 1641 to 1649g of the Civil Code.

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9.    Guarantee Fund
9.1    Element X is affiliated with the Guarantee Fund of GFG. The customer can appeal to this in case of financial insolvency.

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10.     Processing personal data
10.1    In accordance with the provisions of the European privacy legislation (GDPR) protecting privacy with respect to the processing of personal data:
10.2    Personal identification data are processed by Element X for the purpose of providing the services for which the customer has registered with Element X. In addition, Element X will also use these data to offer the customer information about other products and services of Element X that may be of interest to the customer. Element X will use the customer's personal data only for the above purposes. 
10.3    Element X will not disclose, sell, rent or exchange personal data with other organizations or entities except to companies acting as data processors and acting on behalf of and under the control of Element X. It may also if you have been notified in advance and expressly agree to it, or if otherwise required by law. The customer has the right to access, limit and, if necessary, request rectification of erroneous data. 
10.4    Furthermore, the customer may object to the future processing of his personal data for direct marketing purposes. This can be done simply by emailing info@elementx.travel or writing to Element X, Oudenaardseheerweg 147, 9810 Nazareth, Belgium. With every electronic newsletter of Element X, the customer is offered the opportunity to unsubscribe.
10.5    The website of Element X contains links to other websites that are not managed by Element X. Element X is therefore not liable for the privacy practices of those websites. 

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11.    Applicable law and competent court
11.1.1    All legal relations with the customer are governed exclusively by Belgian law.
11.2    Both parties agree and acknowledge that the place of performance of the contract is the registered office of the seller. They declare and acknowledge that all disputes relating to this order form/travel confirmation/invoice are subject to Belgian law in accordance with art. 624, 2° Ger Wb. Disputes must be submitted to the Courts of Ghent

12.    Special sales conditions
12.1    The following special sales conditions take precedence over the general sales conditions.

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SPECIAL SALE CONDITIONS OF ELEMENT X AS TOUR OPERATOR

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13.    Price
13.1    The agreed price is fixed, all taxes are included except for airport taxes payable locally, subject to an increase in exchange rates, tariffs and/or taxes of the carriers.
13.2    If the increase in the agreed price exceeds 8%, the traveler may cancel the contract within eight days of being notified. In this case, the traveler is only entitled to a refund of the amounts already paid. This refund will be made within one month. If VAT and/or other taxes imposed by the government change before the start of the trip, the overall price will be adjusted accordingly.

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14.    Payment
14.1     Advance
14.1.1    When registering for a trip, an advance payment of at least 50% must be paid immediately with a minimum of 500 Euros per person, unless otherwise agreed on the order form/tour confirmation/invoice. When registering within 6 weeks before departure, the full trip price must be paid immediately.
14.2     Balance
14.2.1    Unless otherwise agreed on the order form/travel confirmation/invoice, the traveler must pay the balance no later than 6 weeks before departure, after which the travel documents will be delivered to him, no later than 1 week before departure.

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SPECIAL SALES CONDITIONS ELEMENT X AS RETAILER

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15.    Price
15.1    The prices quoted are set by the transport companies or tour operators and remain valid while stocks of the product in question last. 
15.2    Offers and prices communicated verbally by Element X always remain subject to change.
15.3    For flights, the price is final only when the air ticket is issued. Issuance is only possible after full payment.

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16.    Timetables
16.1    The stated time schedules can always change, both before and during the trip. Consequently, connecting flights cannot be guaranteed by Element X.

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17.    Cancellation and change by transport company or tour operator
17.1    If for any reason one or more transport companies or tour operators decide to cancel or change all or part of the flights or the trip, Element X will only be obliged to refund all or part of the airline ticket or the trip if it has obtained refunds from the transport companies or tour operators. Under no circumstances will Element X be obliged to pay any compensation.

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18.    Cancellation and modification by the traveler
18.1    In case of cancellation, the contractually stipulated fees must in any case be paid by the traveler, even if the cancellation is due to chance or unexpected event that prevents fulfilment of a contract.
18.2    For the specific cancellation and modification fees, please refer to the specific conditions associated with your fare. Element X charges a flat administration fee in case of change and/or cancellation.


Ces conditions générales et specifiques de vente sont également disponibles en français sur demande.
Deze algemene en speciale voorwaarden zijn ook beschikbaar in het Nederlands op aanvraag.

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