These General Terms and Conditions of Sale (hereinafter the “T&Cs”) govern the contractual relationship between:
DISCOVERENT SRL, operating under the Wildhartt brand (hereinafter the “Company”),
and
the client booking an expedition or a trip (hereinafter the “Client”),
as well as the travel participants designated by the Client.
These T&Cs apply to all services offered by the Company, in particular the organisation of expeditions, adventure trips, sports trips and training weekends supervised by guides in Belgium or abroad.
Any booking of a trip with the Company implies the Client’s full and unconditional acceptance of these T&Cs.
The contract concluded between the Client and the Company (hereinafter the “Contract”) consists of the following documents:
In the event of any inconsistency between these documents, the specific conditions of the trip shall prevail over these T&Cs.
The Client acknowledges having read these T&Cs prior to confirming their booking.
The validation of a booking on the website www.wildhartt.com or by any other means offered by the Company constitutes unconditional acceptance of these T&Cs.
If the Client does not accept these terms, they may not make a booking with the Company.
The combination of travel services offered by the Company constitutes a package travel arrangement within the meaning of Directive (EU) 2015/2302 and the Belgian law of 21 November 2017 on the sale of package travel, linked travel arrangements and travel services.
The Client therefore benefits from all rights applicable to package travel under European and Belgian regulations.
DISCOVERENT SRL (Wildhartt) is responsible for the proper performance of all travel services included in the contract.
In accordance with applicable regulations, the Company benefits from insolvency protection through the Travel Guarantee Fund (Fonds de Garantie Voyages – GFG), allowing the reimbursement of payments made by travellers and, where transport is included in the package, their repatriation in the event of insolvency.
Detailed information on the key rights applicable under package travel regulations may be obtained from the Company or consulted on the website of the FPS Economy.
DISCOVERENT SRL, with a share capital of €170,000, registered with the Belgian Crossroads Bank for Enterprises under number BE0761592827, and having its registered office at Avenue Prekelinden 147/2, 1150 Brussels
Registered office:
Avenue Prekelinden 147/2
1150 Brussels – Belgium
Company number (BCE): BE0761592827
Travel agency licence:
Brussels Economy and Employment – No. 6134
Insolvency protection:
Fonds de Garantie Voyages (GFG)
Policy No. 22 04.1556.00/99783
Professional liability insurance:
MS Amlin Insurance SE
Policy No. LXX 049281
Atout France licence: IM099240002
Email: hello@wildhartt.com
Phone: +32 460 25 61 85
Customer service available Monday to Friday from 09:00 to 18:00.
Prior to the conclusion of the contract, the Client acknowledges having received or having had access, in a clear and comprehensible manner, to the essential information relating to the proposed trip or expedition, in particular:
This information is set out in particular on the descriptive trip sheet available on the website www.wildhartt.com, as well as in the booking summary and the contractual documents sent to the Client.
By proceeding with the booking, the Client acknowledges having read and accepted this information.
The expeditions and trips offered by Wildhartt take place in natural or remote environments and may involve specific physical, technical and environmental constraints.
Each trip specifies on its descriptive sheet:
The Client undertakes, before making any booking, to check that their state of health, physical condition, technical level and equipment are compatible with the requirements of the booked trip.
The Company may request any useful supporting document from the Client, including a medical fitness certificate, where the nature of the trip justifies it.
For safety reasons, the Company or the guide responsible for the trip may refuse the participation of a Client:
Where possible, the Company may offer an adjustment to the programme or an alternative activity.
Failing that, the Client’s participation may be refused or interrupted.
In such case, the situation shall be handled in accordance with the cancellation provisions set out in these T&Cs.
Wildhartt trips often take place in remote or difficult-to-access natural environments.
Because of these objective constraints (terrain, remoteness, lack of adapted infrastructure, climatic or logistical conditions), certain trips may not be compatible with certain mobility or health limitations.
The Client is invited to contact the Company before making any booking if they have any doubt as to the suitability of a trip for their personal situation.
Unless expressly stated otherwise on the trip sheet, the expeditions offered by the Company are reserved for adults (minimum age 18).
Where the participation of minors is expressly authorised for a trip, they must be accompanied by a parent or legal guardian, who shall remain responsible for their participation and behaviour throughout the duration of the trip.
The Client acknowledges having been informed of the administrative and health formalities required for the trip or expedition booked.
Information relating to police, customs and health formalities applicable to the destinations offered by the Company is communicated for information purposes on the website www.wildhartt.com or in the documents sent to the Client.
Unless otherwise stated, this information applies to adult Belgian and French nationals. Participants of another nationality or in a particular situation must verify the formalities applicable to their case.
Participants of foreign nationality must contact the competent authorities (embassy or consulate of the country of destination and, where applicable, of any transit countries) in order to verify the administrative and health formalities applicable to their personal situation.
It is the responsibility of the Client and the participants designated by the Client:
The costs related to carrying out these formalities remain the exclusive responsibility of the Client.
The Company may not be held liable where a participant is not authorised to travel or enter the territory of a destination or transit country, in particular due to:
In such situations, participation in the trip shall be considered cancelled by the Client, and the cancellation conditions set out in these T&Cs shall apply.
As administrative and health formalities may change between the date of booking and the departure date, it is the Client’s responsibility to check regularly for any changes with the competent authorities until departure.
The Company may not be held liable for the consequences of any changes to these formalities by national or international authorities.
The price of the trips and expeditions offered by the Company is indicated on the website www.wildhartt.com for each departure.
Prices are expressed in euros (€), all taxes included (VAT included), unless otherwise stated. The applicable price is the one displayed at the time of booking.
The price includes exclusively the services mentioned on the descriptive trip sheet.
Unless otherwise stated in the specific conditions of the trip, the price does not include in particular:
Any decision by the Client or participants to forgo certain services included in the trip shall not give rise to any refund.
A booking becomes firm and final once the deposit or the full price has been paid in accordance with the terms below.
Bookings of €500 or more
For any booking amounting to €500 or more, the Client shall pay a deposit equal to 40% of the total booking amount.
The balance of the price shall be payable as follows:
if the booking is made 45 days or more before the departure date, the balance must be paid no later than 45 days before departure;
if the booking is made between 45 and 21 days before the departure date, the balance must be paid no later than 21 days before departure;
if the booking is made less than 21 days before the departure date, the full trip price is due immediately at the time of booking.
Bookings under €500
For any booking amounting to less than €500, full payment is required at the time of booking.
In the event of late payment of the balance, the Company may send the Client a formal notice to pay.
Failing payment within the period specified in this formal notice, the Company may consider the booking cancelled by the Client and apply the cancellation fees provided for in these T&Cs.
The Company also reserves the right to apply late payment interest in accordance with the applicable legal provisions.
The expeditions offered on the website wildhartt.com are subject to a minimum number of participants being reached.
Where the departure of a trip is not confirmed, the Company shall not require payment of the balance and the deposit paid shall be refunded in full to the Client.
The prices displayed may include temporary promotions or discounts offered by the Company on the website or via its official communications.
These promotions apply only to bookings made during their validity period.
No promotion may be applied retroactively to a booking that has already been confirmed or paid for, even partially.
Promotional codes:
No adjustment or retroactive application may be requested after the booking has been validated.
In the event of a manifest pricing error resulting from a technical malfunction or a material mistake, the Company reserves the right to cancel the relevant booking.
In that case, the Company shall offer the Client:
In the event of cancellation, postponement or assignment of the contract, the cancellation and modification conditions set out in these T&Cs shall apply to the price actually paid after discount.
Promotions or commercial benefits are considered used and are not automatically carried over in the event of a postponement, unless agreed in writing by the Company.
In accordance with Article 19 of the Belgian law of 21 November 2017 relating to the sale of package travel, linked travel arrangements and travel services, the Company may revise the price of the trip after conclusion of the contract if such revision results directly from changes in one of the following elements:
Any price increase shall be calculated in proportion to the changes in the aforementioned costs.
The Company shall inform the Client of any price increase in a clear and comprehensible manner on a durable medium, indicating the reasons for that increase.
In accordance with the applicable regulations, no price increase may be applied within 20 days prior to the start of the trip.
If the factors referred to above result in a decrease in costs, the Client shall be entitled to a corresponding price reduction, after deduction, where applicable, of the actual administrative costs incurred.
The Company may, however, deduct the actual administrative costs incurred from this reduction.
Where the price increase exceeds 8% of the total price of the trip, the Client may refuse the proposed modification.
In that case, the Client may:
In the event of termination of the contract in this case, the Company shall refund all sums paid by the Client in full, without penalty.
In accordance with the regulations applicable to package travel, the Client may terminate the contract at any time before the start of the trip.
This termination must be notified in writing to the Company, in particular by email to the address indicated in these T&Cs.
The date on which the Company receives the cancellation request shall determine the applicable cancellation fees.
Unless specific provisions apply to the booked trip, the following cancellation fees shall apply:
These fees correspond in particular to the costs incurred by the Company with its suppliers and to the loss of operating revenue resulting from the cancellation.
Any cancellation made less than 30 days before departure shall result in the retention of the full price of the trip, unless the Client has taken out cancellation insurance covering the reason invoked.
The Client acknowledges having been informed, at the time of booking, of the importance of taking out cancellation insurance.
As a commercial gesture, the Company may offer free cancellation up to 30 days before departure for certain trips or certain destinations.
This possibility is expressly indicated on the relevant trip sheet.
Unless otherwise stated, this commercial offer applies in particular to certain expeditions organised in France.
Expeditions organised in Norway, Finland and Sweden are expressly excluded from this commercial derogation.
In the absence of any specific mention on the trip sheet or in the specific conditions, the cancellation fees provided for in Article 5.2 shall apply.
Where the trip includes transport services (including plane or train tickets), the amounts corresponding to these services may be non-refundable if the transport provider’s fare conditions do not allow reimbursement.
In such case, these amounts shall remain retained by the Company in the event of cancellation by the Client.
The Company may, on a commercial basis and where possible, offer the Client a postponement of participation to another departure date.
Such postponement remains subject to the Company’s agreement and the availability of places.
In the absence of agreement on a postponement, the cancellation conditions provided for in this article shall apply.
In accordance with the regulations applicable to package travel, the Client may assign their contract to another person meeting the same participation requirements for the trip (including physical requirements and required level).
The assignment must be notified to the Company within a reasonable time before the start of the trip.
The assignor and the assignee shall be jointly and severally liable for:
payment of the balance of the trip price;
any additional costs arising from such assignment.
These costs correspond in particular to costs imposed by suppliers or administrative costs related to the modification of the booking.
Where exceptional and unavoidable circumstances occur at the destination or in its immediate vicinity and have significant consequences on the performance of the trip or on the transport of passengers to the destination (for example: extreme weather conditions, significant natural risks, natural disasters, serious security issues), the Company may offer:
The Company may, on a commercial basis, offer a postponement or a voucher. This proposal does not deprive the Client of the rights granted to them under the applicable legal provisions.
Any request to modify the booking by the Client (including change of date, trip or service) must be submitted to the Company in writing.
The Company shall use its best efforts to respond favourably to such request, subject to availability and feasibility.
Any modification may give rise to administrative fees as well as any fees imposed by the relevant suppliers (accommodation, transport, guides, etc.).
Where the modification occurs after transport documents have been issued (including plane or train tickets), the fare conditions applied by the carriers may result in additional charges or make the modification impossible.
The Client may request the change of identity of a participant provided that the replacement person:
The Company reserves the right to refuse such a modification if the conditions necessary for participation are not met.
Any costs resulting from such modification, including those imposed by suppliers or related to the issue of new transport documents, shall be borne by the Client.
In accordance with Article 24 of the Belgian law of 21 November 2017 on the sale of package travel, the Company may modify certain non-essential elements of the trip before departure.
In such case, the Client shall be informed as soon as possible. Where the modification concerns an essential element of the contract, the Client may:
The trips and expeditions offered by the Company take place in natural environments and may be subject to unpredictable constraints related in particular to:
In the interest of the safety of the group, the Company or the guide responsible may need to adapt the programme, modify the itinerary, replace an activity or modify the planned stages.
Such adaptations shall not be considered a substantial modification of the contract insofar as they are made necessary by the circumstances and aim to ensure the safety of participants or the proper running of the trip.
The trips and expeditions offered by the Company take place in natural environments and may be subject to unpredictable conditions.
For safety reasons, the guide or the Company may need to adapt the trip programme, in particular in the event of:
In such situations, the guide responsible may in particular:
These adaptations, made in the interest of the safety of the group, shall not give rise to any refund.
Where exceptional and unforeseen circumstances make it impossible to continue the trip under satisfactory safety conditions (for example: major storm, high avalanche risk, natural disaster or serious external event), the Company or the guide responsible may decide to interrupt the trip.
In such case, the Company may offer the Client:
Where possible, the Company shall favour the voucher solution.
Where the interruption of the trip results from a decision by the group or by certain participants for personal reasons (for example fatigue, a choice to shorten the expedition or a desire to interrupt the activity), no refund may be claimed.
The Client acknowledges that the guides supervising the expeditions have decision-making authority in matters of safety.
Decisions taken by the guides regarding:
are taken in the interest of the safety of participants and are binding on the whole group.
The running of certain expeditions is subject to the registration of a minimum number of participants.
This minimum number is indicated on the descriptive trip sheet. If this minimum number is not reached, the Company may cancel the trip.
In such case, the Client shall be informed within the following periods:
In this situation, the Company shall refund all sums paid by the Client in full, without additional compensation.
If a participant does not appear at the meeting place and time indicated by the Company for the beginning of the trip, the booking shall be considered cancelled by the Client.
In such case, no refund may be claimed.
If a participant is unable to reach the starting point of the trip or arrives late for any reason whatsoever (including transport delay, administrative issue, incomplete formalities or any other cause independent of the Company), the Company may not be held liable.
The Client shall remain liable for the full price of the trip and no refund may be claimed for unused services.
Where a participant decides to voluntarily interrupt their participation in the trip after departure (in particular for personal reasons, fatigue, personal choice or convenience), no refund may be granted for unused services.
Any additional costs incurred in order to allow the participant to leave the trip early shall remain at their expense.
The Company or the guide responsible may refuse participation in, or continuation of, the trip by a participant where that participant:
In such case, the decision of the guide or of the Company shall be binding on the participant and no refund may be claimed.
Given the nature of the activities offered and the fact that some destinations are remote or located in natural environments, the Client must have assistance and repatriation insurance valid for the duration of the trip.
This insurance is mandatory for any expedition organised outside the Client’s country of residence.
The Client must be able to provide the Company, at any time before departure or during the trip, with proof of such coverage.
Failing presentation of valid insurance, the Company may refuse the Client’s participation in the trip, without the Client being entitled to any refund.
The Company offers the Client the option to take out cancellation and multi-risk travel insurance at the time of booking.
This insurance covers in particular certain cancellation or trip interruption costs in the cases provided for by the insurance contract.
The Client acknowledges having been informed of the benefit of taking out such insurance.
Where the Client chooses not to take out the insurance offered, they alone shall bear the financial consequences of any cancellation or interruption of the trip.
Certain expeditions offered by the Company include sporting activities in natural environments (including hiking, mountaineering, ski touring, climbing or similar activities).
It is the Client’s responsibility to check that their insurance covers:
The Company may not be held liable in the event of insufficient insurance cover on the part of the Client.
Any insurance premium paid in connection with taking out travel insurance is definitively retained by the insurer.
Accordingly, such premium is never refundable, including in the event of cancellation of the trip.
The Company is responsible for the proper performance of the services provided for in the contract in accordance with the provisions of the Belgian law of 21 November 2017 relating to the sale of package travel and linked travel arrangements.
However, the Company’s liability may not be engaged where the non-performance or improper performance of the contract is attributable to:
The trips and expeditions offered by the Company take place in natural environments and may include physical or sporting activities (including hiking, mountaineering, ski touring, climbing or similar activities).
The Client acknowledges having been informed that these activities involve inherent risks related in particular to:
The Client declares that they participate in the activities with full knowledge of the facts and under their own responsibility, while complying with the instructions given by the guides and supervisors.
The Client declares:
The Client undertakes to comply with:
In the event of dangerous or inappropriate behaviour, or behaviour endangering the safety of the participant or the group, the Company or the guide responsible may decide to exclude the participant from all or part of the trip.
In such case, no refund may be claimed.
The Company may not be held liable for the loss, theft or deterioration of personal belongings belonging to the Client or participants during the trip.
It is the Client’s responsibility to take all necessary precautions to protect their personal belongings.
The Company may not be held liable for the performance of services booked directly by the Client with third-party providers and which are not included in the travel contract.
Where the trip includes air transport, the liability of the carriers is governed by:
In such cases, the Company’s liability may not exceed that provided for by the applicable international conventions.
The Company may need to modify certain non-essential elements of the trip before departure. These modifications may concern in particular:
Such modifications shall not give rise to any compensation provided that they do not affect an essential element of the contract.
Where, before departure, the Company is compelled to significantly modify an essential element of the contract due to an external event imposed upon it, it shall inform the Client as soon as possible.
The Client shall then have the option to:
The Company may also offer the Client an alternative trip of equivalent or higher quality, where possible.
Where the Client chooses to terminate the contract due to a modification of an essential element of the trip, the Company shall refund all sums paid in full as soon as possible.
Unless otherwise provided by law, no additional compensation may be claimed where the modification results from circumstances beyond the control of the Company.
The Company may not be held liable for total or partial non-performance of its obligations where such non-performance results from exceptional and unavoidable circumstances or force majeure within the meaning of Belgian law.
The following shall in particular be considered cases of force majeure or exceptional circumstances, without this list being exhaustive:
Where exceptional and unavoidable circumstances prevent the trip from taking place under normal or safe conditions before departure, the Company may:
The Company may, on a commercial basis, offer a postponement of the trip or a voucher. This proposal does not deprive the Client of the rights granted to them under the applicable legal provisions.
If a case of force majeure occurs during the trip and makes it impossible to continue the programme normally or compromises the safety of participants, the Company or the guide responsible may:
In the latter case, the Company may offer the Client a voucher of an amount determined by the Company, usable for a future expedition.
The Company may not be held liable for the consequences arising from a case of force majeure or exceptional and unavoidable circumstances.
No additional compensation may be claimed by the Client in such situations.
In the event of any difficulty encountered during the trip, the Client must inform the Company or its local representative as soon as possible so that the situation may be resolved promptly.
The Client may contact the Company during the trip:
The Company’s customer service is open Monday to Friday from 9:00 a.m. to 6:00 p.m.
An emergency number available 24/7 is provided for any emergency during a trip:
Any complaint not reported during the trip, which would therefore not have allowed the Company to remedy the situation on site, may be taken into account only with reservation.
Any complaint relating to the performance of the trip must be sent to the Company in writing within 30 days after the end of the trip, together with the necessary supporting documents.
The complaint may be sent:
The Company undertakes to examine the complaint and respond within a reasonable period of time.
Failing a satisfactory response or in the event of a continuing disagreement, the Client may refer the matter to the Travel Disputes Commission:
Commission de Litiges Voyages
Rue du Progrès 50
1210 Brussels
Belgium
Website:
http://www.clv-gr.be
As part of the expeditions and activities organised by the Company, photographs or videos may be taken in order to document the trips and share the experience lived by participants.
These images may be used in particular for:
By participating in an expedition, the Client authorises the Company to use images in which they appear, with due respect for their image and dignity.
This authorisation is granted:
This use is granted free of charge.
The Client may nevertheless request at any time the removal of a photograph or video concerning them for a legitimate reason by sending a request to the Company.
The Company undertakes not to use the images in any context likely to undermine the reputation, dignity or privacy of participants.
The Client’s personal data is processed in accordance with the Company’s Privacy Policy, accessible on the website www.wildhartt.com.
The expeditions and activities offered by the Company take place in natural environments and may involve inherent risks related in particular to:
The Client acknowledges having been informed of these risks and accepts exposure to them as part of their participation in the trip.
The Client declares that they are in good physical condition and have the abilities required to take part in the activities offered.
The Client undertakes to inform the Company of any medical condition or physical limitation likely to affect their participation.
The Company may refuse the participation of a Client if their state of health or physical level appears incompatible with the requirements of the trip.
The Client undertakes to:
In the event of an accident or a situation requiring medical assistance, the Client authorises the Company or the guides to take any necessary measures to ensure their safety, including arranging rescue services or an evacuation to a healthcare facility.
Any costs incurred may remain payable by the Client or their insurance.
These general terms and conditions, as well as the contract concluded between the Company and the Client, shall be governed by Belgian law.
In the event of a dispute relating to the interpretation or performance of the contract, the parties shall endeavour to seek an amicable solution.
Failing amicable agreement, the dispute may be brought before the competent courts in accordance with the rules applicable to consumer protection.
For disputes between professionals, only the courts within the jurisdiction of the Company’s registered office shall have jurisdiction.
In accordance with Article VI.53, 12° of the Belgian Code of Economic Law, the right of withdrawal applicable to distance contracts does not apply to contracts relating to leisure services where the contract provides for a specific date or period of performance.
As the services offered by the Company fall within this category, the Client does not benefit from a right of withdrawal once their booking has been confirmed.
WILDHARTT - T&Cs
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