General terms and conditions of sale

Article 1 – Identification of GAJOU ASBL

GAJOU ASBL

Non-profit association under Belgian law

Registered office: rue du cochige 41a, 1360 Orbais

Company number: BE10 42157 310

Email: info@gajou.be

Website: www.gajou.be

Hereinafter referred to as "GAJOU".

Article 2 – Purpose

GAJOU organises activities intended mainly for children and young people, including:

• courses during school holidays;
• extracurricular activities;
• creative, educational or recreational workshops;
• birthday parties;
• outings and themed activities;
• any other activity announced on GAJOU's official materials.

Each activity comes with a description specifying, as applicable, the dates, times, location, age range, price, content and any specific terms.

The information specific to each activity supplements these T&Cs.

Article 3 – Registration conditions

Registration for an activity is made in the child's name and applies to the child named at the time of booking.

Registration is considered final when:

1. the registration form has been correctly completed;
2. the necessary information about the child has been provided;
3. payment has been made in accordance with the terms set out by GAJOU.

GAJOU reserves the right to refuse or cancel a registration when:

• the maximum number of participants has been reached;
• the child's age does not meet the conditions of the activity;
• the information provided is incomplete or manifestly incorrect;
• the child's particular needs mean that, given the resources available, it is not possible to look after them under adequate safety conditions;
• the previous behaviour of the child or the legal guardian makes it reasonably impossible to continue providing care.

In the latter case, GAJOU will, wherever possible, give priority to a prior discussion with the legal guardian.

Article 4 – Age of participants

Each activity may be reserved for a specific age group.

The legal guardian undertakes to comply with the age conditions stated at the time of registration.

The child's age must be suitable for the activity concerned.

GAJOU may ask for proof of the child's age when this is necessary for the organisation or safety of the group.

Article 5 – Information about the child

The legal guardian undertakes to provide GAJOU with all the information necessary for the care of the child, and in particular, where relevant:

• contact details of the responsible persons;
• persons authorised to collect the child;
• allergies;
• food intolerances;
• medical treatments or needs requiring particular attention;
• specific difficulties or needs that may have an impact on the child's care;
• any information relevant to the child's safety and well-being.

The legal guardian is responsible for the accuracy and updating of this information.

Any significant change must be communicated to GAJOU as soon as possible.

Article 6 – Prices and payment

The prices that apply are those shown at the time of registration.

Unless otherwise stated, the price includes the activities listed in the programme as well as supervision during the advertised hours.

Additional services, where available, may be subject to a specific price.

Payment must be made using the methods offered by GAJOU.

A registration that is not paid within the stated deadline may be considered as not final, and the place may be given to another participant.

Any discounts, promotions or benefits offered by GAJOU are subject to the conditions communicated when they are introduced and cannot be combined unless otherwise stated.

Article 7 – Cancellation by the legal guardian

Any cancellation request must be sent to GAJOU in writing, preferably by email.

The date on which GAJOU receives the request determines the applicable deadline.

Cancellation more than 15 days before the start of the activity

If a cancellation is received more than 15 calendar days before the start of the activity, GAJOU will refund 100% of the amount paid.

Cancellation between 8 and 14 days before the start of the activity

If a cancellation is received between 8 and 14 calendar days before the start of the activity, the legal guardian may choose:

• either a refund of 75% of the amount paid;
• or a credit note for 100% of the amount paid, valid for 12 months from the date of issue.

Cancellation less than 8 days before the start of the activity

If a cancellation is received less than 8 calendar days before the start of the activity, no refund is due.

However, GAJOU may, as a goodwill gesture and on a case-by-case basis, offer a credit note or a partial refund where circumstances justify it.

This is at GAJOU's discretion and does not constitute an established right for future bookings.

Article 8 – Illness or accident

If illness or an accident prevents the child from taking part in the activity, the legal guardian is asked to inform GAJOU as soon as possible.

Where a medical certificate or other appropriate supporting document is provided, GAJOU may offer a refund or a credit note calculated according to the days of the activity not attended.

The exact terms may depend on the situation and on whether a replacement for the child is possible.

Once an activity has started, days that have actually been used cannot, in principle, be refunded.

Article 9 – Replacing a participant

If a child is finally unable to take part, the legal guardian may propose that another person takes their place.

This replacement is subject to the prior agreement of GAJOU and must respect:

• the age requirements;
• any specific constraints of the activity;
• the group's capacity.

The replacement must not lead to any change in safety or supervision conditions.

Article 10 – Cancellation of an activity by GAJOU

GAJOU reserves the right to cancel or modify an activity when circumstances require it, in particular in the event of:

• an insufficient number of participants;
• exceptional unavailability of the venue;
• the impossibility of ensuring adequate supervision;
• a safety issue;
• force majeure;
• of a decision or restriction imposed by a competent authority;
• of any circumstance beyond GAJOU's reasonable control.

Where GAJOU cancels an activity and no acceptable alternative is offered, the legal guardian may obtain a refund of the sums paid for the activity concerned.

GAJOU cannot be held liable for any indirect costs incurred by families, such as transport, accommodation or other personal expenses.

Article 11 – Force majeure

GAJOU cannot be held liable for the total or partial non-performance of an activity where this results from an unforeseeable event beyond its control that makes it impossible or dangerous to run the activity.

GAJOU will inform the families concerned as soon as possible and, where reasonably possible, will look for a suitable solution: postponement, replacement of the activity, credit note or refund.

Article 12 – Timetables and childcare

The timetables for each activity are provided at the time of registration.

For courses offering childcare, the arrangements and times are those given in the course description.

For information, GAJOU may offer a childcare service allowing children to be looked after from 8:00 am to 6:00 pm.

Legal guardians undertake to respect the drop-off and pick-up times for the children.

Any delay when picking up the child must be reported to GAJOU as soon as possible.

Additional fees may be charged in the event of repeated or significant delays, where families have been informed of this beforehand.

Article 13 – Child's departure

A child may only leave the activity alone if the legal guardian has given GAJOU express authorisation and if the child's age and the circumstances of the activity allow it.

The child may only be handed over to the legal guardian or to a person who has been authorised beforehand.

GAJOU may ask for proof of identity if there is any doubt about the identity of the person coming to collect the child.

Article 14 – Supervision and safety

GAJOU takes all reasonable steps necessary to ensure the safety, well-being and supervision of the children during activities.

Activities are organised taking into account, in particular:

• the age of the participants;
• the nature of the activities;
• the number of participants;
• the features of the premises;
• the risks inherent in the activities offered.

GAJOU may adapt, modify or stop an activity if it considers that the safety conditions are no longer met.

Article 15 – Participants' behaviour

Children are expected to respect:

• the other participants;
• the activity leaders and team members;
• the premises;
• the equipment;
• the safety instructions.

Any behaviour that seriously endangers the safety or well-being of a child, another participant or a team member may lead to temporary or permanent exclusion.

In the event of exclusion due to the child's behaviour, no refund may be claimed for the days not attended where the exclusion results from misconduct or behaviour contrary to the rules provided.

GAJOU always favours dialogue with the legal guardian where circumstances allow.

Article 16 – Health, medication and special needs

The legal guardian must inform GAJOU of any medical or other particular circumstance that may affect the child's participation.

GAJOU may only administer medication to a child under the conditions set out in its internal procedures and, where necessary, on the basis of appropriate instructions or authorisation from the legal guardian and/or a healthcare professional.

GAJOU does not under any circumstances replace a healthcare professional.

In an emergency, GAJOU may take any measure reasonably necessary to ensure the child's safety and may contact the emergency services as well as the legal guardians.

Article 17 – Outdoor activities and outings

Some activities may take place outside GAJOU's usual premises.

The legal guardian is informed, where necessary, of the particular nature of the activity or outing.

Children remain under the responsibility of the supervising team for the planned duration of the activity.

GAJOU may change or cancel an outing when weather, safety or organisational conditions do not allow it to take place satisfactorily.

Article 18 – Liability

GAJOU takes the reasonable measures necessary to ensure the safety of the children in its care.

GAJOU cannot be held liable where the damage results from:

• of inappropriate or careless behaviour on the part of the child;
• of incomplete or incorrect information provided by the legal guardian;
• of an unforeseeable event beyond GAJOU's control;
• of an act attributable to a third party;
• of failure to follow the instructions provided.

GAJOU cannot be held liable for the loss, theft or damage of personal belongings brought by children, unless fault on the part of GAJOU is proven.

We recommend not bringing valuables.

These provisions do not limit the rights that consumers are mandatorily entitled to under the applicable legislation.

Article 19 – Insurance

GAJOU takes out the insurance that is necessary or appropriate for its activities, in accordance with the obligations that apply to it and the nature of the activities organised.

Legal guardians remain responsible for the consequences of incomplete or incorrect medical or personal information provided to GAJOU.

Article 20 – Image rights

GAJOU may take photographs or videos as part of its activities.

The use of a child's image for communication, promotional or publication purposes is subject to separate authorisation from the legal guardian.

Refusal to grant image rights authorisation does not, in itself, prevent the child from taking part in the activities.

Where reasonably possible, GAJOU takes care to avoid capturing or publishing identifiable images of a child for whom no authorisation has been given.

Article 21 – Protection of personal data

GAJOU processes the personal data necessary for managing registrations, organising activities, ensuring children's safety, communicating with legal guardians and complying with its legal obligations.

Data is processed in accordance with the applicable personal data protection regulations, in particular the GDPR.

Data is not used for any other purposes that are incompatible with those for which it was collected.

Legal guardians have the rights provided for by the applicable regulations, in particular the rights of access and rectification and, where the conditions are met, of erasure, restriction or objection.

The detailed arrangements are set out in GAJOU's Privacy Policy.

Article 22 – Right of withdrawal

For registrations concluded at a distance, the consumer is in principle entitled to a 14-day right of withdrawal, unless a legal exception applies.

Leisure services provided on a specific date or during a specific period may in particular fall under an exception to the right of withdrawal provided for by the Belgian Code of Economic Law.

As GAJOU's stays and activities are organised for specific dates or periods, the right of withdrawal may therefore be legally excluded for these services when they meet the conditions of the legal exception.

This exclusion does not deprive the legal guardian of the cancellation and refund rights expressly provided for in these T&Cs.

Where the right of withdrawal legally applies to a particular service, GAJOU provides the required information in accordance with Belgian law.

Article 23 – Certificates and health insurance fund reimbursements

Where it is able to do so, GAJOU can provide the documents or certificates families need to apply for reimbursement from their health insurance fund or another organisation.

However, whether a reimbursement or contribution can be obtained depends on the specific conditions of each health insurance fund or organisation.

GAJOU therefore does not guarantee that any financial contribution will be granted.

Article 24 – Complaints

Any complaint must be sent to GAJOU as soon as possible and, preferably, in writing to the association's official e-mail address.

GAJOU undertakes to examine complaints seriously and to seek an amicable solution where possible.

Complaints relating to an incident that occurred during an activity must be reported as soon as possible so that GAJOU can check the circumstances.

Article 25 – Changes to activities

GAJOU may adapt the content of an activity when necessary for educational, organisational, weather-related or safety reasons.

Changes must not substantially alter the service as advertised.

Where a substantial change affects an activity and no reasonable alternative can be offered, GAJOU will discuss appropriate arrangements with the families concerned.

Article 26 – Changes to the T&Cs

GAJOU may amend these T&Cs to reflect developments in its activities or in the applicable regulations.

The version that applies to a registration is the one in force at the time the registration was made, unless the law provides otherwise.

The updated version of the T&Cs is available on the GAJOU website.

Article 27 – Governing law

These T&Cs are governed by Belgian law.

Any dispute relating to their interpretation or performance will first be addressed through an amicable settlement.

Failing an amicable resolution, the dispute will be submitted to the competent courts in accordance with the mandatory rules applicable to territorial jurisdiction and consumer protection.

Article 28 – Acceptance of the T&Cs

When registering online, the legal guardian acknowledges having read these General Terms and Conditions of Sale and accepts them.

Acceptance of the T&Cs is a condition for the registration to be validated.

The legal guardian also acknowledges having read the specific information relating to the chosen activity.