General conditions of carriage

1.1. SRL Jumbo Tourisme, hereinafter “the Carrier”, performs occasional passenger transport services by means of one or more coaches or minibuses, with driver(s), for the benefit of a principal acting on its own behalf or on behalf of third parties.

1.2. The “principal” is any natural or legal person who orders the transport. The “beneficiary” or “passenger” is any person carried under the order.

1.3. Where the order is placed on behalf of third parties, the principal shall inform the beneficiaries of the provisions of these conditions that concern them.

1.4. Unless otherwise stipulated in writing and expressly accepted by Jumbo Tourisme, these conditions are the only ones applicable to the contract of carriage.

2.1. Every transport request is the subject of an offer drawn up on the basis of the information provided by the principal: date, times, route, pick-up and drop-off points, number of passengers, desired capacity, programme and special services.

2.2. The offer does not in itself constitute a final booking. The contract of carriage takes effect when the principal receives written confirmation from Jumbo Tourisme and any deposit required has been paid.

2.3. The confirmation, the order form or any durable medium setting out the booking specifies the essential elements of the service. The principal must check that it is accurate and report any error or omission immediately.

2.4. Any information that could reasonably affect the proper performance of the transport must be communicated to Jumbo Tourisme before departure. Costs arising from inaccurate, incomplete or late information may be charged to the principal.

3.1. Before departure and within a reasonable time, the principal may request that the contract be transferred to a third party who must meet the same contractual conditions.

3.2. The transferor and the transferee are jointly and severally liable for payment of the outstanding price and the actual costs caused by the transfer, within the limits permitted by the applicable legislation.

4.1. The agreed price is set on the basis of the information known at the time of the offer, subject to any obvious clerical error and to the assumptions expressly stated in the offer.

4.2. Where the offer provides for a possible revision, it must be linked to an identifiable method of calculation and may in particular result from changes affecting:

• the cost of transport, in particular fuel and road additives
• exchange rates directly applicable to the service
• tolls, fees, taxes, ferries, tunnels or other charges imposed on the carrier

The changes taken into account may also lead to a price reduction when they go down.

4.3. Unless otherwise provided by law or by special agreement, no increase resulting from a price revision will be applied in the 20 calendar days before departure. If an authorised increase exceeds 10% of the overall price, the principal may refuse it and terminate the contract without compensation, subject to the applicable mandatory rules.

4.4. Unless otherwise stated, parking fees, tolls, crossings, local taxes, urban access charges, additional services and other disbursements are only included if they are expressly listed under “the price includes” in the offer.

4.5. The price is calculated on the basis of the programme and an estimated mileage. Any significant excess, in particular more than 5% and attributable to a change requested by the principal or to the programme actually carried out, may be charged at the additional per-kilometre rate set out in the offer or the applicable price list.

5.1. Unless otherwise agreed, the booking is subject to payment of a deposit of 30% of the total price, with a minimum of EUR 150. The balance must be paid no later than 8 calendar days before the departure date. If the order is placed less than 8 calendar days before departure, the full price is due immediately.

5.2. All invoices are payable on the due date stated on them. Any dispute about an invoice must be communicated without delay, with reasons, without prejudice to the mandatory rights enjoyed by a consumer.

5.3. In the event of non-payment of an amount due, Jumbo Tourisme may, after completing the applicable legal formalities, suspend current orders and refuse new orders until the situation is regularised. Non-payment of one invoice may make other amounts owed by the same customer immediately due, within the limits permitted by law.

5.4. For a consumer customer, the first payment reminder is free of charge and interest or compensation may only be claimed after the statutory waiting period. Interest and compensation are limited to the maximum amounts permitted by the Code of Economic Law. The contractual flat-rate compensation, where applicable, is capped as follows:

5.5. For commercial transactions, any late payment bears the interest provided for by the Belgian law of 2 August 2002 on combating late payment in commercial transactions, together with the legally recoverable collection costs and compensation.

5.6. Where a person orders transport on behalf of third parties, they undertake, within the limits permitted by law and unless a mandate is expressly accepted by Jumbo Tourisme, to guarantee payment of the sums due, including interest and costs.

6.1. Any change to the programme, times, route, pick-up points, capacity, number of vehicles or any other condition of performance must be communicated in writing to Jumbo Tourisme as soon as possible.

6.2. A change is only binding on Jumbo Tourisme once it has been accepted. It may lead to a price adjustment, in particular where it generates additional kilometres, working time, costs, vehicles, drivers, relays or accommodation.

6.3. Jumbo Tourisme may refuse or adapt any change that is incompatible with the applicable regulations, safety, driving and rest times, the availability of equipment or the commitments already made under the original contract.

7.1. Any cancellation must be communicated to Jumbo Tourisme in writing or on a durable medium that establishes its date.

7.2. Unless a more favourable special condition has been expressly agreed, the following cancellation fee is due on the total amount of the cancelled service:

7.3. If a postponement is requested and accepted by Jumbo Tourisme, the sums already paid may be applied to the new service. The new price will be recalculated according to the new date, the programme and the applicable economic conditions. Administrative costs or costs already incurred may be added to the booking.

8.1. In the event of a cancellation attributable to Jumbo Tourisme and not related to a failure by the principal, the sums paid for the service not performed are refunded, without prejudice to any applicable mandatory rights.

8.2. Where performance is impossible due to exceptional circumstances beyond the control of Jumbo Tourisme whose consequences could not have been avoided despite all reasonable diligence, no additional compensation is due beyond what the applicable legislation requires.

8.3. Where reasonably possible, Jumbo Tourisme may propose an alternative solution, in particular through another professional carrier or by adapting the programme.

9.1. The following may in particular constitute circumstances beyond the Carrier's control: an external accident, strike, blockade, exceptional weather conditions, flooding, snow, road closures or roadworks, traffic restrictions, decisions of the authorities, civil unrest, acts of war or any other event that is unforeseeable and irresistible in the circumstances.

9.2. Jumbo Tourisme cannot be held liable for delays, programme disruptions or missed connections resulting directly from such circumstances or from a failure by the principal or the passengers to meet their obligations.

9.3. Jumbo Tourisme takes reasonable measures to ensure safety and, as far as possible, the continuity of the transport. Additional costs of services outside the original transport, such as meals, accommodation or activities, remain payable by the principal unless otherwise provided by law or agreed in writing by Jumbo Tourisme.

10.1. Jumbo Tourisme is responsible for the proper performance of the transport within the limits laid down by the applicable legislation and is liable for the acts and omissions of its employees and representatives acting in the course of their duties.

10.2. Jumbo Tourisme may entrust all or part of the service to another professional carrier. The use of a subcontractor does not change Jumbo Tourisme's obligations towards the principal within the applicable legal limits.

10.3. The Carrier is responsible for the safety of the transport, in particular when passengers get on and off, provided that passengers follow the instructions given. The driver may take any action necessary to comply with safety, driving and rest rules.

10.4. Before the vehicle is made available, Jumbo Tourisme or its representative may offer the group leader a joint inspection of the vehicle. Any anomaly found must be reported immediately.

11.1Presentation at departure

Passengers must present themselves at the places and times set out in the contract of carriage.

In the event of lateness, absence or no-show attributable to the passenger or the group, Jumbo Tourisme is not required to refund the sums paid or to organise replacement transport.

11.2Compliance with instructions and behaviour on board

Passengers must comply with the safety instructions and the instructions of the driver and accompanying staff, and respect the vehicle, the other passengers and the smooth running of the transport.

Any behaviour likely to endanger safety, seriously disrupt the journey or harm other passengers or staff is prohibited.

11.3Wearing a seat belt

Wearing a seat belt is compulsory for all passengers where the seat they occupy is fitted with one.

Each traveller is personally responsible for complying with this obligation. Jumbo Tourisme SRL and its staff cannot be held liable for penalties or fines imposed on a passenger for failing to comply with this provision.

11.4Moving around the vehicle

For safety reasons, it is forbidden to travel or remain standing in the coach while it is moving, except in vehicles and situations where the regulations expressly authorise the carriage of standing passengers.

Travellers must remain seated as much as possible while the vehicle is moving and limit their movements on board to what is strictly necessary.

11.5No smoking, vaping or eating

Smoking or vaping on board the vehicles is strictly prohibited.

Unless expressly authorised by Jumbo Tourisme or the driver, eating on board the coach is also prohibited.

11.6Behaviour endangering the safety or smooth running of the transport

If the behaviour of one or more passengers endangers safety, causes serious disturbance, prevents the transport from continuing normally or causes damage, the driver may, under the authority of Jumbo Tourisme, take any necessary measure. Depending on the seriousness of the situation, he may in particular interrupt the journey, call in the authorities or, where circumstances justify it, return to the place of departure.

11.7Damage to and cleaning of the vehicle

Any damage, deterioration, theft, abnormal soiling or harm attributable to one or more passengers may be invoiced to the person responsible and, where applicable, to the principal.

Any exceptional cleaning made necessary by the passengers' behaviour may be invoiced at a minimum of EUR 150, without prejudice to the actual cost of the damage or repair costs.

11.8Personal effects and belongings

Each traveller remains responsible for their personal effects and belongings throughout the transport and each time they leave the vehicle.

Jumbo Tourisme SRL and its staff decline all liability, within the limits permitted by law, for the loss, theft, forgetting or damage of personal belongings left unattended or forgotten on board the vehicle.

11.9Travel documents

It is up to each traveller to check before departure that they have all the official documents required for the trip, valid, in particular:

• identity card or passport
• travel authorisation for minors where required
• visa, if any
• and any other document or formality required by the destination

A refusal to board, to cross a border or any other consequence resulting from the absence, loss, expiry or non-compliance of these documents does not give entitlement to a refund. Any resulting costs remain payable by the traveller or the principal.

11.10Responsibility of the principal

The principal shall inform the passengers of the rules that apply to them and, insofar as it falls within its responsibility, ensure they are complied with during the service.

12.1. Unless otherwise agreed, each passenger may take one item of hold luggage weighing up to 15 kg and one item of hand luggage weighing up to 10 kg, subject to the capacity of the vehicle.

12.2. Hold luggage must be properly closed and labelled with the owner's name. Jumbo Tourisme may refuse any luggage whose weight, volume, nature or packaging does not match the booking or poses a safety risk.

12.3. Any excess over the 15 kg limit may be refused or, if accepted, charged at EUR 10 per excess kilogram, unless a different rate is stated in the offer.

12.4. Hand luggage must fit under the seat or in the compartments provided for this purpose. Valuables, money, documents, phones, computers and other fragile items remain in the passenger's personal care.

12.5. Jumbo Tourisme's liability for luggage carried in the holds or a trailer is determined in accordance with the applicable legal rules. It is not engaged where the loss or damage results from an external cause not attributable to the Carrier or where all reasonable measures were taken to avoid the damage. Scratches or damage inherent in loading or unloading bulky or fragile items are excluded within the limits permitted by law.

12.6. Bicycles, skis, sports equipment, instruments or other bulky items must be declared at the time of booking. Their carriage is subject to the prior agreement of Jumbo Tourisme and may require a trailer, a ski rack or specific equipment at an additional cost.

12.7. Jumbo Tourisme declines all liability for items left on board to the extent permitted by law. Items found may be kept temporarily so that they can be returned to their owner.

13.1. The vehicle provided is maintained, clean and equipped in accordance with its category and the offer. Jumbo Tourisme may use a vehicle of equivalent capacity or configuration where operational needs require it, while ensuring a comparable level of comfort and service.

13.2. The principal shall ensure that the vehicle is kept reasonably clean during the service. Repair costs beyond normal cleaning are invoiced in accordance with Article 11.5.

13.3. The use of certain equipment on board may be subject to the driver's instructions and to the special conditions set out in the offer.

14.1. The programme must be able to be carried out in compliance with the Belgian and European regulations on drivers' driving times, breaks, spread-over times and rest periods. These rules take precedence over any timetable or programme requested by the principal.

14.2. If the programme, a delay attributable to the customer or a change during the service requires an additional driver, a relay, a transfer, accommodation or any other measure needed to comply with the regulations, the corresponding costs may be charged as an extra when they result from a request or an event attributable to the principal.

14.3. Unless otherwise agreed, meals and accommodation for the driver(s) are payable by the principal whenever the nature, duration or organisation of the service makes them necessary.

The driver(s) must be accommodated in a single room, in an establishment offering a level of comfort and an environment compatible with quality rest, which is essential for compliance with rest periods and for safe driving.

The accommodation offered must therefore guarantee conditions suited to the driver's rest, both in the room and in its immediate surroundings.

Excluded in particular are homestays or family accommodation, youth hostels, campsites, dormitories, shared accommodation or any other equivalent arrangement that does not guarantee sufficient rest and quiet.

15.1. Any difficulty known before departure must be reported to Jumbo Tourisme as quickly as possible so that a solution can be sought.

15.2. Any difficulty arising during the transport must be reported immediately, in an appropriate and verifiable way, to the driver or a representative of Jumbo Tourisme, so that action can be taken on the spot.

15.3. If the complaint could not be made or satisfactorily resolved during the service, it must be sent in writing to Jumbo Tourisme, in detail and with the relevant supporting documents, as soon as possible and preferably no later than one month after the end of the transport, without prejudice to the applicable mandatory legal time limits.

15.4. Lodging a complaint does not suspend the payability of undisputed amounts owed to Jumbo Tourisme.

16.1. These conditions and the contract of carriage are governed by Belgian law.

16.2. For contracts concluded with professionals, companies, associations, administrations or other legal entities, and insofar as permitted by the applicable rules of jurisdiction, disputes fall within the jurisdiction of the competent courts of Tournai, in particular the Hainaut Enterprise Court – Tournai division where it has subject-matter jurisdiction.

16.3. For consumers, the mandatory rules on territorial jurisdiction and consumer protection remain fully applicable.

16.4. If any provision of these conditions is declared void, unenforceable or not binding, the other provisions remain applicable to the fullest extent permitted by law.