Terms of service

Conditions of Sale Westtoer

 

Westtoer is the autonomous provincial company for tourism and recreation in the province of West Flanders. Westtoer provides services (e.g. consultancy) as well as goods (e.g. maps, brochures, etc.).

 

The following conditions of sale are generally applicable:

 

  • Our invoices are payable by operation of law and without notice of default no later than 1 month after the invoice date.
  • Complaints regarding the invoice will only be accepted within 2 weeks of the invoice date. Any complaint must mandatorily be made in writing and by registered mail.
  • In case of non-payment or partial payment, the customer will receive a reminder followed by a formal notice.
  • In the case of late payment, the customer will receive a free reminder. If the customer does not pay within the payment period mentioned in the first reminder, the consumer will be charged interest on arrears, as stipulated by the Act of 2 August 2002 on combating late payment in commercial transactions, as well as a flat fee as follows:
    1. €20 if the balance due is less than or equal to €150;
    2. €30, plus 10% of the amount due between €150.01 and € 500 if the due balance is between €150.01 and €500.
    3. €65, plus 5% of the amount due above €500, with a maximum of €2,000 if the balance due exceeds €500.

The reminder fee for each additional reminder is €7.50, plus the postage costs applicable at the time of sending.

  • Only the courts of Bruges have jurisdiction over any disputes relating to invoices from Westtoer apb.

 

For goods (maps, brochures, etc.), additional provisions are listed below. Those provisions take precedence over the general provisions if they deviate from them.

 

The conditions of sale of Westtoer apb contain general and specific conditions. The specific conditions of sale contain provisions for certain products and/or types of customers. These take precedence over the general conditions, if they deviate from them.

 

The conditions of sale govern the entire contractual relationship between Westtoer apb and the customer. Any deviation from this should be the subject of a separate written agreement. The non-exercise of its rights by Westtoer apb stipulated in these conditions cannot be considered as a waiver of its right to do so in the future.

 

Westtoer is entitled to modify these conditions of sale at any time and without prior notice. The changes take effect for all purchases from the time they appear on the website, or at a later date explicitly stated by Westtoer.

General terms and conditions

Vendor

The vendor is Westtoer apb, with registered office at
Boulevard du Roi Albert I 120
8200 Bruges Sint-Michiels
Tel: +32 (0)50/ 30 55 00
E-mail: info@ westtoer.be

VAT number: BE 0267.388.418

Company number: 0267.388.418

Types of sales

We distinguish between sales by product and by customer type

 

Products

  • Products to be paid for: mainly maps of walking, cycling, equestrian, car or skating routes and of walking or cycling networks, but also books.
  • Free brochures: promotional publications that are free of charge.
  • Tickets payable for events organised (in part) by Westtoer.
     

Types of customers

  • Persons: private customers
  • Organisations (such as Tourist Offices).

 

Conditions of sale may vary depending on the product or type of customer.

Prices

  • The prices of products indicated on the website include VAT and exclude shipping costs.
  • The prices of Westtoer's products may change at any time.
  • An order via the website is always subject to the price applicable at the time of the order.

Buyer/customer

  • The person/organisation placing the order is considered the sole purchaser. Only they are liable for payment.
  • An online order assumes acceptance by the user of the general and specific terms and conditions applicable at that time.
  • If the buyer is an organisation, it will be created as a customer in advance and a procedure will be agreed that allows for a correct order by employees of the organisation.
  • If the buyer is a person, the online order will only be accepted by Westtoer apb if the user has identified themselves in a sufficiently clear manner.
  • Westtoer reserves the right to refuse the requested order if it has reasonable suspicions that the information provided is incorrect or incomplete.

Personal data

Westtoer may use your personal data to inform you later about the products on offer and/or about the region to which the purchased products relate. This is done in the legitimate interest of promoting West Flanders and providing information about the tourist and recreational opportunities in West Flanders. If you do not wish this, you can inform us at www.westtoer.be/dataverwerking

Shipping

  • Ordered products will be shipped to the address provided by the customer at their expense, unless expressly stated otherwise.
  • The shipping costs to be paid by the customer are clearly indicated before the user finalises the order.
  • Shipping costs may be charged for both maps and brochures.
  • Westtoer may make shipping arrangements with organisations whereby the costs are paid in full or in part by Westtoer itself. Those arrangements are the subject of a separate agreement.

Payment

  • The products ordered by private customers will be sent upon receipt of payment. For internet orders, payment can only be made by electronic payment card.
  • Organisations receive an invoice for their orders that is paid in arrears. The payment period is 30 calendar days from the invoice date.

Delivery time

  • Westtoer aims to transfer orders to its shipping partner Easypost and bpost within 2 working days (excluding public holidays), but cannot be held liable if the deadline is longer.
  • If a stock shortage or circumstances beyond our control make it impossible to deliver products within 30 calendar days of the order being placed, Westtoer apb will inform the customer by e-mail. The customer may then choose to cancel the order. Westtoer apb will subsequently refund the amount already paid by the customer. 
  • If the order can only be partially delivered, Westtoer will also inform the customer by e-mail. The customer may then choose to cancel the order, possibly partially, or have the order delivered in two partial deliveries: the available part immediately and the unavailable part as soon as possible. Shipping costs are then limited to the amount that would have been charged if the customer had received their delivery in one go.
  • Any excess shipping charges will be refunded by Westtoer apb.
  • Westtoer apb cannot be held liable for damages caused by failure to deliver (on time).

Right to cancel purchase

  • The customer has the right to cancel the purchase within 14 calendar days from the day of delivery. The customer can exercise this right by returning the products to Westtoer apb at their own expense and risk. Provided that the products are still in perfect condition, i.e. uncreased, immaculate, untorn and without any other physical defects, the original order including the shipping costs from Westtoer apb to the customer will be refunded within 14 calendar days of notification by the customer.
  • Shipping costs refunded by Westtoer will be limited to the value of a standard shipment, if the customer originally chose a more expensive shipping option.
  • Returns can be registered on our website: https ://www.visitwestvlaanderen.be/nl/praktisch/herroepingsformulier

 

 

Compliance

Westtoer apb guarantees that the products comply with the agreement, the specifications described, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of concluding the agreement.

Problems/complaints regarding an order or delivery

  • The customer is expected to report any problems relating to an order or a delivery to Westtoer apb within a reasonable period of time. Complaints will only be accepted if they are reported within 14 calendar days after the subject of the complaint occurred to the customer.
  • Only written complaints will be accepted (by e-mail or letter).
  • With respect to complaints about orders or deliveries, Westtoer apb's liability is always limited to the value of the products concerned.
  • In case of disputes, you can appeal to the European Union's Online Dispute Resolution platform via this link: http://ec.europa.eu/odr. The ODR contact point in Belgium is The European Consumer Centre Belgium (Hollandstraat 13, 1060 Brussels, odr@eccbelgium.be, tel +3228923712).

Evidence

The customer and Westtoer apb accept electronic means of proof as part of their agreement.

Electronic property rights

  • The content and structure of the Westtoer apb websites, including trademarks, logos, drawings, data and underlying databases, product or company names, texts, images, etc. are protected by intellectual rights and belong to Westtoer apb or entitled third parties. 
  • Any distribution, reproduction, sale or other exploitation of these works, in whatever manner or form, whether for profit or otherwise, is strictly prohibited without the prior written consent of Westtoer apb.
  • Storing information from Westtoer's websites in a database is expressly prohibited.

Limitation of liability

  • Westtoer apb makes every effort to ensure that the information made available through the websites is complete and correct. However, Westtoer apb cannot be held liable for direct or indirect damage resulting from the use of the information on its sites. Images and product descriptions cannot be regarded as binding on the part of Westtoer apb.
  • If the customer finds any inaccuracies in the information made available by Westtoer through its sites, they can contact Westtoer via info@westtoer.be. 
  • The content of the sites may be changed or supplemented at any time without notice or notification.
  • Westtoer apb does not guarantee the proper functioning of its sites and cannot be held liable in any way for their malfunctioning or temporary unavailability or for any form of direct or indirect damage that would result from accessing or using the sites.
  • The websites may contain hyperlinks to other sites or to third party pages, or refer to them indirectly. The posting of such links in no way implies implicit approval of the content. Under no circumstances can Westtoer apb be held liable for their content or features or for any other form of damage resulting from its use.

Force majeure

  • Westtoer apb shall not be liable for force majeure that delays or prevents the performance of this agreement.
  • The following are considered force majeure, including but not limited to: strikes, natural disasters, floods, fire, occupation, extreme weather conditions, government measures, technical defects, misdelivery or non-delivery by post.
  • Westtoer is not required to provide evidence of the unforeseeable or unavoidable nature of such a force majeure situation.

Possible nullity of any of the provisions

  • The nullity of one or more parts of these terms and conditions shall in no case result in the nullity of the entire agreement but only in the nullity of the targeted part.
  • The other provisions therefore remain fully applicable.

Applicable law and competent courts

In the event of any dispute regarding the terms and conditions of sale or any situation not provided for in these terms and conditions, Belgian law shall apply and the courts of the judicial district of Bruges shall have jurisdiction.

 

 

Specific conditions

Specific conditions relating to payable products (maps, etc.)

  • Westtoer apb regularly makes modifications to its maps. Usually, these are minor modifications such as adding or editing information whereby the previous version of the map, in combination with the signage, remains perfectly usable for driving, cycling or walking the route/network in question. Minor modifications will not be announced. 
  • They may also involve more extensive modifications whereby the situation on the (old) map and the new situation on the site no longer match, making the map unusable (e.g. adding, removing or moving junctions and/or significantly changing trajectories). Efforts are always made to announce such major modifications at least 6 months before the release of a new map. We therefore advise organisations/resellers to purchase stock to cover sales for a maximum of 6 months.
  • If Westtoer reprints a map with major modifications, maps may be exchanged. All maps from the latest version can be exchanged for the same number of maps free of charge. If it concerns previous versions, then only half of the maps will be exchanged. Different language versions will not be exchanged.
  • Westtoer is also making efforts to update various recreational products. If routes are subsequently removed, maps can be exchanged. All maps from the latest version can be exchanged for the same number of maps free of charge. If it concerns previous versions, then only half of the maps will be exchanged. Different language versions will not be exchanged.
  • Maps may only be exchanged with organisations/resellers, not private customers. 

Brochures

Contrary to the provisions of the general terms and conditions, free brochures delivered to the customer are never taken back by Westtoer apb.

Tickets for events

  • There are no physical tickets for events.
  • A registration is confirmed by a confirmation e-mail which counts as proof of registration.
  • At the event, buyers may be asked to present their proof of identity to verify the validity of the registration.

Final registration

  • Registration for an event occurs at the time of sending the confirmation e-mail.
  • However, it is only definitive on receipt of payment.
  • The purchase will be considered void if the ticket is not paid within 7 calendar days after the confirmation e-mail was sent.

Ban on reselling tickets

Tickets for events may not be resold to third parties or transferred to third parties in a commercial relationship.

Right to cancel purchase

  • The buyer of a ticket may cancel their purchase.
  • As stipulated in the general terms and conditions, they have a period of 14 calendar days in which to do so. However, this deadline will be limited to 24 hours before the start of the event. That means the right to cancel the purchase expires 24 hours before the start of the event.
  • In principle, cancelling the purchase of a ticket is free of charge unless explicitly stated otherwise when ordering.

Limitation of liability

Westtoer apb cannot be held responsible for damage or disadvantage due to changes in place, price or date, or cancellation of the event.

Ticket refunds

  • A ticket will only be refunded if the event is cancelled or if the right to cancel the purchase is properly exercised.
  • Any refund will be made to the original buyer.
  • The buyer of a ticket who does not show up on the day of the event is not entitled to a refund.
  • Nor will tickets be taken back or exchanged in case of loss or theft.
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