GENERAL TERMS AND CONDITIONS

Article 1. Preliminary Provisions​

These General Terms and Conditions shall apply with priority to all services rendered or to be rendered by Terroir – Wijnsafari BV (hereinafter: the “Service Provider”), as well as to its partners, directors, employees and any other persons cooperating with the Service Provider or for whom the Service Provider may be held liable, and to all domestic and international legal relationships arising in this context between the Service Provider and third parties. Any deviation from these Terms and Conditions shall only be valid if agreed upon in advance and in writing between the parties. The applicability of the Customer’s general terms and conditions, or any terms and conditions referred to in documents originating from the Customer, is hereby expressly excluded unless expressly agreed otherwise in writing between the parties.

By requesting services from the Service Provider, the Customer automatically accepts these General Terms and Conditions for both current and future services, subject to any amendments to these Terms and Conditions of which the Customer shall be duly informed.

In the event that the Customer is a foreign undertaking, whether established within or outside the European Union, such Customer irrevocably and expressly agrees, upon conclusion of the Agreement, that the contents of these General Terms and Conditions shall prevail in the contractual relationship between the parties.

The foreign Customer expressly acknowledges and agrees that it may not invoke the commercial customs, rules, or practices of its own jurisdiction. Belgian law shall instead govern all aspects of the contractual relationship between the parties.

Article 2. The Agreement

Services. 

The Service Provider provides the following services to its Customers:

- Wine-culture experience concepts in Belgium (guided tours or walking experiences);

- Rental of bicycles and eco-carts

Formation of the Agreement

The Agreement shall be deemed concluded once the Customer accepts the rental agreement prepared by the Service Provider, whether orally or in writing and through any communication channel whatsoever. From the moment the Agreement is concluded, the applicable price shall be known to and deemed accepted by the Customer. The Customer expressly declares that he/she possesses the required skills and competence to use the rented property and further confirms compliance with all legal requirements applicable to such use.

Age – Driving Licence – Identification

The Customer shall determine the Driver. The Customer/Driver declares that he/she has reached the age of at least eighteen (18) years at the commencement of the Agreement, in accordance with insurance requirements. An exception applies where the tour is undertaken on foot or by bicycle.

Upon first request of the Service Provider, the Customer/Driver shall present a valid identity card. The electronic identity card (eID) may be used to verify identity, nationality, age and related information.

The Service Provider shall bear no liability for violations of applicable laws and regulations or any resulting fines, penalties, or costs, which shall remain entirely for the account of the Customer/Driver. 
​By taking possession of the rented property, the Customer/Driver declares that he/she is in possession of the legally required driving licence for the relevant vehicle.

Use

The Customer/Driver undertakes to use and maintain the rented property with due care and diligence as a prudent and reasonable person. Upon termination of the Agreement, the rented property shall be returned in the same condition in which it was received.

The Customer/Driver is prohibited from subletting, lending, or using the rented property for inappropriate purposes. During use of the vehicle, the Customer/Driver shall act appropriately and immediately notify the Service Provider, accompanying guide, or road captain of any technical issue using the contact details provided.

The Customer/Driver shall be responsible for complying with all applicable legal provisions in the country of rental.

Any fines, damages, or other consequences arising from non-compliance, including exceeding permitted transport standards, shall be borne entirely by the Customer/Driver. In the event of any accident, damage, destruction, or disappearance, the Customer/Driver shall immediately notify the Service Provider, and no later than the same day, provide a completed accident report form and/or official police report. The Service Provider shall not be liable for damage or defects caused by weather conditions.

The Customer/Driver acknowledges having been sufficiently informed regarding the operation and safety of the rented property. In the event of technical issues, the Service Provider shall make reasonable efforts to provide prompt assistance or a suitable solution. The relevant contact details shall be provided at the commencement of the rental period.

If the issue cannot be resolved remotely or by telephone, a technician shall be dispatched to the location of the vehicle. This roadside assistance service shall be provided free of charge, provided that the vehicle remains on the prescribed route.​

If the lessee deviates from the prescribed route without the prior written approval of the lessor, the costs of the technician’s intervention shall be charged at a rate of EUR 25.00 per hour and EUR 1.00 per kilometre.​

kilometer. 

Driver. 

The lessee shall determine the driver of the vehicle, unless otherwise agreed in writing and where a designated chauffeur is provided as part of the service. The lessee and the driver shall be jointly and severally liable for any damage caused to the vehicle. The lessee and the driver undertake to follow the designated route. Deviation from the prescribed route is not permitted, as such deviation may affect the applicable insurance coverage. Each vehicle may carry a maximum of six (6) persons (including children), subject to a maximum total weight of 500 kg. The driver shall comply at all times with all applicable traffic laws and regulations. Terroir – Wijnsafari BV shall not be held liable for any breaches of traffic laws committed by the lessee or the driver. The lessee shall be responsible for ensuring that the driver complies with all applicable traffic regulations. The lessee shall use the vehicle in a responsible manner, as the eco-cart is considered a motor vehicle and is subject to the traffic regulations applicable to passenger vehicles.​

The consumption of alcohol by the driver is strictly prohibited and expressly discouraged by the Service Provider. Non-alcoholic beverages shall always be made available in order to ensure responsible participation.

deelnemen te waarborgen.

Reservations. 

Reservations may only be made through the Service Provider’s website. The Customer/Driver shall complete all required steps of the online booking system. Following the selection of the preferred location and date, the system shall display the current availability. The reservation shall only be deemed completed upon payment of the full amount due. Following successful payment, the Customer/Driver shall receive a final confirmation by email. If the system indicates that no further reservations can be made, this means that no availability remains for the selected location and date. Reservations for the following day may be made until 6:00 p.m. (18:00) at the latest. Gift vouchers issued by the Service Provider may also be redeemed online by indicating during the payment process that the Customer/Driver is using a gift voucher.

The rental conditions shall apply exclusively to the Service Provider’s designated rental locations. The Service Provider’s vehicles are made available at fixed departure locations. Departure from any other location shall not be permitted.

The vehicles may be collected at the agreed time specified in the reservation and must be returned no later than within the agreed rental period of three (3) to four (4) hours, unless otherwise agreed in advance between the parties. In the event of late return without prior approval, the Service Provider reserves the right to charge an additional fee of EUR 100.00 for each commenced hour of delay.

Upon collection of the vehicle, the Customer/Driver shall allow for approximately thirty (30) minutes for administrative and financial processing, completion of the rental agreement, technical instructions, and an explanation of the route.​

toelichting over de route.

The Service Provider guarantees that the vehicle shall be delivered in good condition and with all required equipment and accessories on the agreed date and at the agreed location. The Customer/Driver shall be obliged to inspect the condition of the vehicle upon collection and prior to departure. The vehicle must be returned in the same condition and at the same location as where it was received, unless otherwise agreed between the parties. Any damage to the vehicle and any loss of accessories shall be the sole responsibility of the Customer/Driver. No partial refund shall be granted in the event of early return of the vehicle. In the event that the vehicle is not returned, the Service Provider reserves the right to initiate legal proceedings.

For a reservation to be valid, payment of the full amount is required. Without full payment, the reservation shall not be considered final and vehicle availability cannot be guaranteed. The Service Provider shall bear no financial liability where a reservation is not confirmed in a timely manner due to the absence of full payment.

Insurance – Security Deposit. 

The Customer/Driver shall be required to provide the Service Provider with a security deposit of EUR 250.00 per vehicle, subject to a maximum amount of EUR 1,500.00 per reservation. The security deposit may be paid in cash or secured by means of a credit card pre-authorisation.

• In the event of return without damage: The security deposit shall be fully refunded or released.
• In the event of damage caused by the Customer/Driver: The security deposit shall be used to cover the repair costs. In such case, the Customer/Driver shall be liable for the full amount of the assessed damage, up to the maximum security deposit amount applicable per vehicle as stated above. The amount of the damage shall be determined on the basis of an official repair estimate. The Service Provider reserves the right to retain all or part of the security deposit in respect of missing parts, internal or external damage to the vehicle, or any other related loss or damage.

The inspection upon return of the vehicle shall at all times be conducted subject to subsequently discovered hidden defects or damage and any traffic fines or penalties that may arise thereafter.​

In the event of theft, disappearance, or total loss of the rented vehicle, the Customer/Driver shall remain fully responsible for all associated costs and/or damages. The Service Provider reserves the right to charge the Customer/Driver the full economic residual value of the vehicle. 
Own Damage Insurance (ODI): The Customer/Driver may obtain coverage against damage caused to the rented vehicle by paying an additional fee of EUR 50.00 per vehicle in addition to the rental price. This insurance fee is non-refundable.

• In the event of return without damage: No further action shall be required.
• In the event of damage caused by the Customer/Driver: The costs relating to such damage shall be borne entirely by the Service Provider.

Please note: this insurance does not cover any costs arising from theft, disappearance, or total loss of the vehicle. In such cases, the Customer/Driver shall remain fully responsible for all costs and/or damages incurred. The Service Provider reserves the right to charge the Customer/Driver the full economic residual value of the vehicle.

Amendments – Cancellation. 

It is possible to change the type of vehicle, exclusively at the departure location and subject to availability. Such requests for changes must be submitted by email no later than the day preceding the scheduled ride date. Requests to amend the number of vehicles or participants must likewise be submitted by email as soon as possible. Any amendment shall only become final upon approval by the Service Provider and shall remain subject to the availability of the requested vehicle type. Any additional charges arising from such amendments shall be payable and must be settled upon departure. Requests for amendments may be submitted up to 12:00 noon on the day preceding the scheduled ride date.

Changes to the number of participants or vehicles on the day of the ride itself are also possible, but shall always remain subject to the conditions of our partners.

Please note that any price difference shall not be refunded.

If the experience tour has been booked on foot or by bicycle, the Customer shall benefit from a Good Weather Guarantee in the event that weather conditions are considered too unfavourable (as determined by the Customer) to undertake the route. If the Customer wishes to cancel, the amount paid shall be converted into a voucher of equal value, valid for 12 months from the date of issue. If the eco-cart has been selected as the mode of transport, the tour may still proceed despite adverse weather conditions. If cancellation is requested for any other reason, the reservation may be cancelled free of charge by email until 6:00 p.m. (18:00) on the day preceding the scheduled ride date. In such case, the reservation shall be placed “ON HOLD”, and the new ride date may be scheduled up to a maximum of 12 months after the original ride date.

This amendment shall only be valid upon approval and confirmation by the Service Provider. Such confirmation shall be sent by email. No additional costs shall be charged for the amendment.

If the reservation has been made using a gift voucher issued by the Service Provider, the Good Weather Guarantee shall apply for a maximum period of 12 months from the date of issuance of the gift voucher.

In the event of late cancellation, the Customer/Driver shall not be entitled to any refund, except in cases of force majeure.

If the Customer/Driver fails to attend on the agreed date without prior cancellation, this shall be considered a “no-show”. In such case, the reservation shall be deemed fully cancelled, and the amount paid shall be retained as a cancellation fee.

Amendments and cancellations shall always remain subject to the terms and conditions of the Service Provider’s partners. The prepaid deposit shall be refunded in the form of a gift voucher with a unique code, which shall remain valid for one (1) year from the date of issue and may be transferred to third parties. The gift voucher shall not be redeemable for cash. A monetary refund shall only be granted by mutual agreement and subject to prior approval by the Service Provider, for example in cases of force majeure (such as a medical certificate, death, etc.).

If the Service Provider considers that the Customer/Driver does not possess sufficient driving ability to safely operate the vehicle, thereby potentially creating hazardous situations for the Customer/Driver, the Service Provider reserves the right to cancel the ride for the relevant Customer/Driver. In such case, a gift voucher with a unique code shall be issued for the rental amount, allowing the rented property to be used on another date by another person. This gift voucher shall remain valid for one (1) year from the date of issue and may also be transferred to third parties. No monetary refund shall be provided.

If the Customer/Driver is unable to safely operate the vehicle due to intoxication, the above clause regarding the issuance of a gift voucher shall not apply.

If the Customer/Driver fails to comply with its obligations under the Agreement, the Service Provider may terminate the rental immediately and without prior notice, and repossess the rented property without judicial intervention, wherever it may be located. In such case, the Customer shall remain liable for the rental fee for the agreed rental period, without any right to recover any amounts already paid.

The Service Provider reserves the right at all times to cancel a route if weather conditions are deemed too unfavourable, potentially resulting in an increased risk of damage or accidents. If the Customer nevertheless wishes to proceed despite such advice, the Own Damage Insurance (ODI/VES) shall lapse, and the Customer/Driver shall be required to pay the security deposit.

If, due to force majeure, the Service Provider is unable to make the rented property available, the Service Provider cannot be held liable on the basis of Article 1148 of the former Belgian Civil Code. However, the Service Provider shall make every reasonable effort to resolve the issue as effectively as possible or to propose an appropriate alternative.

Under no circumstances shall any financial compensation be due to the Customer.

Use of Personal Data

The Service Provider places great importance on the protection of the personal data of the Customer/Driver. The Service Provider undertakes not to sell or disclose any customer data to third parties, in accordance with applicable GDPR legislation. The Customer/Driver’s data shall be stored in secure databases, which are regularly subject to security audits. Upon final reservation (after payment), the Customer/Driver grants the Service Provider the right to use any photo and audiovisual material produced for any purpose, without requiring any further consent.

Article 3. Payments

Payment method

The full amount (100%) shall be paid in advance at the time of reservation. If a gift voucher is used, its value shall be deducted from the total amount due at the time of booking.

Any remaining balance, if applicable, must be paid before the reservation is considered final. The confirmation of the reservation shall always be sent by email.

In the event of same-day departure without prior reservation (last-minute booking), the total amount must be paid in full on site prior to departure, in a single transaction, in order to avoid administrative or financial errors. If an invoice is required, this must be indicated at the time of booking via the online reservation system by completing the invoicing details, including VAT number where applicable, and any relevant remarks in the “questions/comments” field. Invoices are always issued after the date of the ride and sent by email. An invoice may be requested up to a maximum of three (3) months after the rental period. Duplicate invoices that are less than one (1) year old may also be issued upon request. The Service Provider cannot be held liable for any incorrect submission of personal data by the Customer/Driver.

Article 4. Liability

Exclusion of liability​

The Service Provider shall not be liable for the consequences of any fault attributable to itself or any of its employees, nor for any breach of the rules set out above by the Customer/Driver.

Any damage resulting from non-compliance with these rules, as well as with Belgian laws during the ride, shall in no event be recoverable from the Service Provider. Where multiple lessees are involved, they shall be jointly and severally liable for compliance with these terms and conditions. In the event of non-compliance with the terms by one or more lessees, joint and several liability shall apply between the lessees towards the lessor.

The Service Provider has insured the motor vehicles made available to the Customer/Driver against third-party civil liability. The Customer/Driver expressly acknowledges having taken note of the provisions of the insurance policy and undertakes to strictly comply with all conditions of the policy that are applicable to him/her.

Upon request, the Customer/Driver may receive a copy of the insurance policy. If the conduct or breach of contract by the Customer/Driver results in the suspension or cancellation of one or more risks or coverages under the insurance policy, the Customer/Driver undertakes to indemnify and hold the Service Provider harmless against all damages arising therefrom.

In the event of damage to or injury of third parties, any resulting costs may be claimed under the Service Provider’s third-party liability insurance.

However, in such case, a fixed deductible (excess) of EUR 750.00 shall always be charged to the Customer/Driver. This deductible is separate from the security deposit / Own Damage Insurance (ODI/VES).

In accordance with Belgian insurance legislation, costs related to personal injury suffered by the Customer/Driver, or any consequential costs arising therefrom, cannot be recovered under the Service Provider’s third-party liability insurance.

The Customer/Driver acknowledges and confirms being aware that, in relation to the rented vehicle, no insurance policies have been taken out other than those expressly stated.

Any additional insurance that the Customer/Driver may wish to obtain must be arranged independently and at their own expense.

The Customer/Driver undertakes to fully indemnify and hold harmless the Service Provider against any loss, theft, or intentional damage to the rented vehicle and its contents, as well as any loss, damage, claims, demands, costs, and expenses (including legal costs and attorney’s fees) arising out of or in connection with the use, operation, or condition of the rented vehicle, including defects whether or not discovered by either party.

This also includes any damage caused to third parties by the Customer/Driver or by any person appointed by the Customer/Driver, insofar as such damage is not covered by the third-party liability insurance or is not borne by the Service Provider’s insurer.

The Customer/Driver hereby expressly and irrevocably waives any right of recourse against the Service Provider, its employees, freelancers, and representatives, in respect of any errors or faults committed by them before, during, or after any activity in which the Service Provider is or was involved. This waiver of recourse applies both to damage suffered by the Customer/Driver themselves or by their appointees, as well as to damage caused to third parties by the Service Provider or its appointees and for which the Service Provider may be held liable. The Customer/Driver further undertakes to fully indemnify and hold the Service Provider harmless at all times against any claims brought by third parties against the Service Provider arising from facts, errors, or omissions attributable to the Service Provider, its employees, or representatives.

Article 5. Dispute Resolution

Complaints

Any complaint must be submitted in writing to the Service Provider’s address. In order to be eligible for processing, the complaint must be received within eight (8) days following the date of the ride. Complaints submitted after this period shall not be taken into consideration.

All disputes arising out of or in connection with this Agreement shall fall under the exclusive jurisdiction of the courts of the registered office of the Service Provider. The parties intend that this Agreement shall be governed, interpreted, and performed in accordance with Belgian domestic law. The Customer/Driver shall have the right to participate in the defence of any claim or action but shall not be entitled to bring any counterclaim that would reduce or offset the claim of the Service Provider. The Customer/Driver undertakes to reimburse the Service Provider for all costs and expenses (including reasonable legal fees and attorney’s fees) incurred by the Service Provider in enforcing its rights under this Agreement.

This clause is accepted as a jurisdiction clause by all parties, both in terms of subject-matter and territorial jurisdiction.

The performance of all services provided by the Service Provider, as well as all domestic and international legal relationships (including non-contractual relationships), shall be governed exclusively by Belgian law.

In the event of any disagreement between the parties regarding the performance or interpretation of the Agreement and/or the services, the parties shall first endeavour, in good faith, to reach an amicable settlement.

If the parties fail to reach an agreement within a reasonable period, the dispute shall be submitted to the competent courts. The courts of the judicial district of Limburg, Hasselt division, shall have exclusive jurisdiction to hear any disputes relating to the services provided.