GENERAL CONDITIONS – TROTT’TOP !1. Scope
These general conditions (hereinafter the “Conditions”) apply to the services marketed by S.R.L. DEBEUF YVES (BCE: 0440 011 695) (hereinafter “TROTT’TOP!”), through the registered trademark TROTT’TOP! as a designer of itineraries for two- and three-wheeled cycles, as an organiser and host of events for two- and three-wheeled cycles (cultural and/or sporting tourist events) and as a guide for two- and three-wheeled cycle rides (accompanied and guided tourist rides designed to showcase the local architectural, cultural, historical and gastronomic heritage) for the benefit of one or more Clients (being any individual or legal entity that may or may not be acting for purposes that do not fall within the scope of its commercial, industrial, artisanal or liberal activity).
The Terms and Conditions govern, to the exclusion of all other conditions, the entire relationship between TROTT’TOP ! and the Customer(s).
The language of the services is French, Dutch or English.
The services offered by TROTT’TOP! can be ordered via the TROTT’TOP! website (www.trotttop.be) or via the website of the DOLCE LA HULPE BRUSSELS hotel.
All reservations must be made at least 24 hours before the date and time chosen for the activity. After this time, TROTT’TOP! cannot guarantee the reservation.
A confirmation email is sent after each booking (the Customer is advised to check the spam folder). If no confirmation e-mail is received, the booking is considered incomplete and the operation must be repeated.
Any booking of services offered by TROTT’TOP ! implies that the Customer has accepted these terms and conditions.
The prices quoted on the www.trotttop.be website are binding. TROTT’TOP! may nevertheless change the prices at any time, but this change will only apply to bookings made by the Customer after the change.
The prices mentioned on the website are inclusive of VAT.
Payments are made by bank transfer at the latest on the day before the booked activity. TROTT’TOP!’s account must be credited with the amount of the booking at the latest two hours before the time of the booking. If this is not done, TROTT’TOP! will not be able to guarantee the reservation.
A booking is only guaranteed if the price has been paid in full. In the event of partial payment on the day of booking, TROTT’TOP! reserves the right to refuse the Customer the right to participate in the activity.
The prices do not include the costs of route planning and consulting. These services are subject to a (free) quotation, payment for which is made on signing the quotation.
Any quotation signed for itinerary design is due in fulĺ even if the services covered by the package are only partially consumed by the Client and even in the event of cancellation of the event for which a quotation had been issued.
4. Right of withdrawal
The consumer Client within the meaning of the Code of Economic Law (being any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, artisanal or liberal activity) has the right to withdraw from his reservation within fourteen (14) days of the validation of his reservation, in accordance with articles VI.47 and following of the Code of Economic Law.
In accordance with Article VI.53, 12° of the Code of Economic Law, this right of withdrawal is, however, excluded for leisure activities that are to be provided on a specific date or for a specific performance period.
5. Cancellation and refund
In the event that the Customer cancels the booking, no refund will be made and the amount of any quotation issued will be due in full.
TROTT’TOP ! also reserves the right to cancel the booking, particularly for safety reasons.
The decision to maintain or cancel the service rests with TROTT’TOP! In the event of cancellation, TROTT’TOP! will refund the Customer the full amount paid.
If the service is interrupted, TROTT’TOP ! will refund all or part of the price. The amount of the refund is left to the discretion of TROTT’TOP! If the interruption is caused by the Customer (due to bad behaviour, an accident, failure to follow instructions), no refund will be made.
6. Equipment made available
TROTT’TOP! provides its Clients with bicycles in good working order, which are regularly serviced and comply with current regulations and safety requirements, as well as equipment for the activities it offers. The cycle provided is maintained by TROTT’TOP! and includes the following accessories: a helmet, knee pads, elbow pads, gloves, a document holder and a bell.
The cycle can be fitted with a child’s trailer (at the front).
TROTT’TOP! also provides Customers with two electric mountain bikes, in good working order, regularly serviced and in compliance with current regulations and safety requirementś.
7. Conduct of the activity
The circuits offered by TROTT’TOP! are accessible to children and adults measuring over 1.40 m and weighing less than 100 kg.
The circuits are designed to be accessible to all levels, the only requirement being the ability to ride a scooter, a bike or a tricycle, without requiring a technical analysis of the terrain to progress.
The activity is supervised by a guide appointed by TROTT’TOP!
The activity starts at the meeting point indicated on the website www.trotttop.be. This varies according to the type of activity booked. The departure time is specified in the booking confirmation email and is also shown on the electronic ticket issued following online payment.
The guide in charge of the activity is present at the meeting point with the appropriate equipment. The guide distributes the cycles to the different participants and explains the functioning of the cycles, distributes the different equipment and explains the safety rules.
It is imperative to arrive at the meeting point at the latest 15 minutes before the indicated departure time. Any delay on the scheduled time may lead to the modification of the course or the cancellation of the activity, without reimbursement or compensation.
We strongly recommend that you wear appropriate clothing for the sport and the weather conditions of the day.
The guide alone decides on the itinerary and the pace of the activity (breaks, etc.), which he adapts according to the capacity of the participants. The guide reserves the right to cancel the activity, or to modify the route if the safety or the interest of the participants justifies it. The guide also reserves the right to shorten the tour if the difficulty of the route affects the progress of the group.
All practical information is available on our website www.trotttop.be.
At the end of the activity, the Client returns the cycle and the equipment that has been made available to him. The cycle and equipment are returned to the starting point of the activity or to the place indicated by the guide.
8. Accidents – damage to the equipment provided – theft and loss
The Client undertakes to respect the equipment entrusted to him and not to damage it.
The Client is responsible for the equipment during the entire duration of the activity. The Client undertakes to respect and apply the instructions given by the guide.
The Client undertakes to use the equipment with care and declares that he/she is capable of using a cycle and is in a physical condition suitable for the activity booked.
The Client confirms that he/she is familiar with the Highway Code which he/she undertakes to respect as well as all the safety instructions given by TROTT’TOP ! throughout the activity.
The Client is not allowed to leave the group, unless invited by the guide in exceptional circumstances (shortcut or emergency).
TROTT’TOP ! accepts no responsibility for any damage caused to the Customer or any other person in the course of the activities, except in the case of wilful misconduct on the part of TROTT’TOP !
The Client is solely responsible for his actions on the public highway. TROTT’TOP! cannot be held responsible for any accident caused by the behaviour of the Customer or a third party. Before the start of the activity, the Customer signs a disclaimer.
During the activity, the Client is considered to be the guardian of the cycle and its equipment and assumes the responsibility for it. He/she will be solely responsible for any loss, theft or deterioration of the cycle and the equipment provided.
In the event of loss, theft, or damage to the cycle and its equipment, the Customer agrees to compensate TROTT’TOP ! by paying an indemnity valued at a maximum according to the following scale (the amounts are given for information purposes only and may vary):
Theft or total destruction of a scooter: 4.000 Euro
Theft or total destruction of the mountain bike: 3.000 Euro
Price of parts and accessories to replace those damaged by the CLIENT: Tire: 30€ – Frame: 350€ – Bell: 10€ – Brake disc: 35€ – Cable and/or cable cover: 20€ – Spoke: 5€ – Chain: 25€ – Derailleur: 50€ – Chainrings and sprockets: 35€ – Handlebars: 40€ – Saddle: 40€ – Pedal: 35€ – Helmets: 35€ Bottle cage: 10€ Stem: 20€
The above prices include VAT
The client undertakes to respect the private land crossed during the activity, as well as the users of the paths and plots used. In this respect, the Client is informed that people on foot and horseback ALWAYS have priority on the paths and that it is therefore necessary to move to the side of the road, or even to put your foot down, to let them pass.
Any fines or penalties resulting from the use of the cycles by the Client, or simply from the Client’s behaviour on the public highway, shall be borne exclusively by the Client.
The Client acknowledges that he has taken out civil liability insurance in his name, covering him in the event of an accident while riding the leisure cycle. Travel insurance is also recommended for customers who are travelling.
TROTT’TOP ! cannot be held responsible for the consequences of the Customer misusing the equipment provided or failing to comply with the Highway Code.
10. force majeure
TROTT’TOP! cannot be held liable to the Customer in the event of non-performance of its obligations as a result of an event of force majeure as usually accepted by the jurisprudence of the Belgian Courts and Tribunals. In particular, the following are considered to be cases of force majeure: strikes, fires, disruptions to a (telecommunication) network, unavailability of the Website, etc.
11. Personal data
The booking of an activity by the Customer on the TROTT’TOP! website implies the collection and processing of the Customer’s personal data, which the Customer accepts. The collection and processing of this data is essential for the execution of the contract between TROTT’TOP! and the Customer. The collection and processing of this data will however be strictly limited to the data that is essential for the execution of the contract. TROTT’TOP! complies with national and European regulations on privacy and the protection of personal data.
12. Permission to publish photographs
TROTT’TOP! may take photographs of the participants during the course of the activities.
The Customer expressly agrees to the publication of photographs of him/her on the www.trotttop.be website for promotional purposes. The Customer also agrees to the publication of photos on social networks managed by TROTT’TOP! such as Facebook, Instagram and any other platform, as well as on printed material such as flyers and posters of any size. Videos can also be produced and used as commercial clips.
If the Customer does not wish photographs or videos in which he/she appears to be published by TROTT’TOP! on its website or via social networks, he/she must inform TROTT’TOP! of this before the start of the activity or afterwards by sending an e-mail to: firstname.lastname@example.org.
During the guided tours, it is forbidden to reproduce, film or record all or part of the content of the service. During the tours, TROTT’TOP ! may, if justified, prohibit clients from taking photos and videos.
Any reproduction or distribution, in whole or in part, of the content of the tours (explanations, information, texts, images, videos, plots visited, places visited, etc.) or of the tour for commercial or promotional purposes is prohibited.
TROTT’TOP! works in partnership with private landowners to give its clients access to unique places. These partnerships are exclusive and do not give the Customer the right to return to these private properties.
Failure to comply with these prohibitions may result in the termination of the tour for the offending participant, and may result in the offender being held liable, without reimbursement from TROTT’TOP!
The owners of private property may take legal action against those who trespass.
TROTT’TOP! is entitled to change the Terms at any time.
The invalidation of any provision of the Terms and Conditions shall not result in the invalidation of the Terms and Conditions as a whole. The invalidated provision will be replaced by a valid provision that comes as close as possible to the original economic purpose of the invalidated provision.
TROTT’TOP!’s failure to exercise any of its rights under these Terms at any time shall not be construed as an express or implied waiver of its right to exercise such rights in the future.
These Terms are available at www.trotttop.be and are updated regularly. Please ensure that you consult the latest version by contacting us.
15. Applicable law and jurisdiction
Any dispute relating to the contractual relationship between TROTT’TOP! and the Customer will be governed exclusively by Belgian law. The courts of the registered office of TROTT’TOP! will have exclusive jurisdiction.