On 8 January 2001 N.V. Compass, a travel intermediary, booked a journey for Mr R. Mertens and his wife P. Adriaensen with Sunsnacks, a travel organiser. A confirmation of the booked journey for a total amount of EUR 3.241,95 was sent to N.V. Compass on the same day. On 24 January N.V. Compass sent an invoice to Mr. Mertens and his wife to the amount of EUR 3.093,22 (an advance of EUR 148,74 had already been paid). By letter of 31 January 2001 R. Mertens and his wife requested to cancel their journey because of medical reasons. On 1 February 2001 Sunsnacks sent a confirmation of the cancellation and a bill to the amount of EUR 3.241,95 to N.V. Compass. By writ of 18 June 2001 N.V. Compass demanded payment of EUR 3.241,95 from Mr. Mertens and his wife. On 25 July 2001 N.V. Compass received an amount of EUR 991,57 from cancellation insurer Elvia-Mondial Assistance. The first judge ordered Mr. Mertens and his wife to pay EUR 2250,38 to N.V. Compass (EUR 3.241,95 minus EUR 991,57). The judge argued that although there was no agreement in writing on hand, the proof of the booking of the journey could be inferred from a.o. the letter of 31 January 2001 from Mr. Mertens and his wife. Mr. Mertens and his wife appealed to this verdict.