Terms and Conditions
These terms and conditions apply to all services and deliveries of 'Beleving aan zee'.
Article 1 Definitions
In these terms and conditions the following is applied:
- Activity: a single active pastime offered by the organizer. In these conditions, under activity it also means; services or the provision of facilities or equipment and other operations performed by the organizer on behalf of the client. This may include the rental of equipment or the mediation of meals and residence.
- Arrangement: means a service or activity, or a combination of services and/or activities offered by the organizer.
- Organizer: the person who, in pursuit of his business, arrangements and/or activities and/ or services to individuals or a group of people.
- Executive companies: a company that has been approached by the organizers to perform an activity and/or guidance and/or providing a facility.
- Agreement means, the agreement established by the organizer to undertake or deliver an activity towards the client.
- Client means, any natural or legal person for itself or enters into an agreement on behalf of third parties with the organizer or using arrangements, activities, services or equipment of the organizer.
- Participant means any natural person who actually participates in, or makes use of, an arrangement and/or activity.
- Amount of the contract: the sum of the price of the arrangement, the activities and/or services provided by the organizer.
Article 2 Scope
- These terms and conditions apply to all activities, proposals, offers and agreements made by, or on behalf of, the organizer. Unless there were exceptional provisions recorded in the agreement.
- The client accepts the applicability of these conditions by entering into an agreement with the organizer or by actually participating in an arrangement or activity of the organizer or by paying the fee charged.
- In case of conflict with these terms and conditions, the general conditions of the organizer prevail, unless the organizer and the client expressly agreed otherwise in writing.
- The organizer is only bound by the agreement and/or amendments and/or additions thereto, only when the organizer has accepted these in writing.
Article 3 Realization and content of the agreement
- Any offer of the organizer is only a non-binding invitation to the customer to enter into an agreement with the organizer. The agreement comes about, because the organizer orally (by telephone), or in writing, offers the client to agree to enter into the agreement. The client receives a written confirmation of the agreement from the organizer.
- The content of the agreement is determined, only by information in the publications of the organizer in that particular season. The organizer will herein specify which activities are included, how many participants will be, and the amount or percentage to be paid as an advance. Obvious errors and mistakes in a publication of the organizer are not binding. The organizer can not be held responsible for material published under the responsibility of third parties.
- The client is obliged to, prior to, or at the conclusion of the contract itself, to notify the organization of all the personal circumstances of themselves, and/or those on whose behalf he enters into the agreement, insofar as they may affect a good progress of the arrangement and/or activity. This requirement applies in particular to all relevant medical, physical and conditional details.
- The client can optionally specify preferences. As far as possible, the organizer will attempt to take these into account.
- The person who enters into a contract with the organizer on behalf of another party, will be severally liable for all obligations arising from that agreement.
- The client and the participant are required to present valid identification at the first request of the organizer.
Article 4 Payment
- When the booking does not include food or drinks, the invoice will be paid no later than 3 days before the arrangement and/or activity will occur.
- When the booking does include food or drinks, the invoice will be paid no later than 14 days after receiving the invoice of the package and/or activity. The total invoice for the activity and the food/drinks will be sent once the organizer has received the food/drink invoice from the location.
- The client who does not pay on time is legally in default without requiring any further notice. The organizer in this case is entitled to terminate the agreement or to claim full compliance. The organizer is entitled to claim additional damages for any matter of the contract costs incurred.
- The client is obliged to pay all reasonable costs of collecting the claim, both judicial and extrajudicial, with a minimum of 15 % of the amount claimed.
Article 5 Amendments by the client
- The client can start to request the organizer to amend the agreement up to 7 days before the arrangement takes place. If the organizer is unable to honor this request, he shall as soon as possible, and accompanied with reasonable arguments, notify the client.
- The client can up to 7 days before the arrangement, request the organizer, to reduce the specified number of participants up to 15% of the agreed number of participants.
Article 6 Cancellation by the client
- The client is advised cancellation insurance, casualty insurance and/or travel insurance.
- The client can cancel the arrangement and/or activity only through e-mail contact.
- Upon cancellation within 7 days or a no-show, the customer owes the organizer 100% of the price.
This also applies to the cancellation of the number of participants.
Article 7 Amendments by the organizer
- Based on weighty circumstances, the organizer is to immediately notify the client. The organizer is entitled to change the offered arrangement and/or activity. If possible, the organizer will offer the client an alternative that the specific nature and the nature of the arrangement or the activity as much as possible intact and fit within the agreed budget of the client and is notified immediately.
- The client can reject the amendments referred to in Article 7.1, if the alternative provides a fundamentally different character than the original agreed upon, or is different is such a matter that the clients disadvantage is of more than negligible character. If the client rejects the change, it must, without delay, notify the organizer. The client in this case has a right to a full refund of monies already paid or part of the amount that relates to the non-consumed elements of the arrangement.
- The arrangement of the activity is, in principle, takes place even in bad weather circumstances, unless otherwise was agreed upon in other written agreements. The executive company will endeavour to adapt the program due to bad weather and adapt the arrangement, so that the nuisance is limited to participants. Indoor activities will remain as agreed upon. Outdoor activities can be, 24 hours before start of the arrangement, be cancelled by the client, without charge, if the continuation thereof, is according to the client, not meaningful or not to carry out in relation to safety and wellbeing of the participants.
- The implementation of the agreed, depends on local (weather) conditions. Participants in arrangements or activities that are not guided by the organizer are responsible for a program change if the situation so requires. In arrangements or activities led by an executive company of the organizer, they shall have the right to change the program in consultation with the participants, if the situation so requires.
Article 8 Cancellation by the organizer
- The organizer shall at all times have the right to terminate the contract in case of important circumstances that are unforeseeable and can not be solved instantly or avoided as (civil) war, terrorism, political unrest, natural disasters, food shortages, general strikes and so on. The organizer is obliged to inform the client without delay, stating the grounds for the termination.
- In case of cancellation by the organizer for the conditions mentioned in 8.1, before the start of the arrangement, or the activity, the client is entitled to a full refund of the monies paid. The organizer will endeavour the client to provide an arrangement or activity of comparable quality, if possible in the same period.
- Serious shortcomings in the execution of the agreement by the client or participant(s), such as improper use of materials made available, give the organizer and/or exporting companies the right to immediately suspend its obligations, in particular a recall of the materials submitted and/or cessation of activities. The organizer of this event may terminate the agreement by means of an oral statement to the client or a participant, followed by a written statement to the client or participant. The organizer is entitled to full compensation for all costs and damages by the client and/or participant.
Article 9 Obligations of the organizer
- The organizer is obliged, within reason, to implement the agreement in accordance with the expectations of the client under the contract, or in publications made by the organizer. The organizer is according to the circumstances required to grant the participant help and assistance if the arrangement or activity does not meet the expectations that might reasonably have. If the cause must be attributed to the organizer, the organizer has to provide help and assistance, required to an extent which is reasonably expected of the organizer. The costs for the help and assistance given by the organizer in that case are on behalf of the client.
- The accuracy of realization of the contract must be judged also on the basis of the use and limitations of the location where the activities take place, on the basis of the sporty or adventurous nature of the activity, and on the basis of the value of the agreement.
Article 10 Obligations of clients and participants
- The client is required at the conclusion of the contract, to notify the organizer or the executive business appointed by the organizer, all the personal circumstances of themselves and /or those on whose behalf he enters into the agreement, insofar as they may affect the smooth procedure of the arrangement or activity. This requirement applies in particular to all relevant medical and conditional details. Every participant in activities in or on the water, not being boat trips, must be in possession of an acknowledged swimming diploma or lack thereof have previously been made ??clear to the organizer.
- The participant is obliged to comply with all instructions from the organizer, or the employees of the operating companies, in order to promote the smooth implementation of the agreement.
- The participant is obliged to use the submitted material in a manner which is designated by its nature and the contract. The participant must report any defects upon receipt of the material. The participant may not make changes to the material or hand them to third parties without permission of the organizer. The participant shall inform the organizer as soon as possible but no later than the end of the contract, the amount of damage or loss of materials. Permission from the organizer in advance is required for a repair order.
The participant will transfer the material made available by the end of the agreement on the pre-arranged location to an employee of the organizer and a state in which the participant has received the item, and as clean as possible. The organizer is entitled, if necessary, to charge additional costs for cleaning, searching actions, transportation and storage of materials, the declaration of loss, to the client and/or participant.
- The participant who causes such nuisance or trouble that the realization of the arrangement or activity is impeded or can be complicated greatly, he who endangers the safety of themselves or others at risk or dealing irresponsibly with nature and environment, can be excluded by the organizer or the executive organization of (further) participation in the arrangement or activity. All resulting additional costs caused by the excluded participant or the client under whose responsibility this participant takes part, must be refunded.
- If the participant deviates from the recommended route or the recommended time- or travel schedule and this puts him to additional costs, these costs are calculated to the participant.
- The organizer reserves the right to photographic or other recordings made during the arrangement or activities to be used for promotional purposes. Objections against this must be submitted after admission within 14 days.
- If the participant has not yet reached the age of 17 years and is not accompanied by at least one adult, the participant must inform the organizer, and must provide a security clearance in writing, signed by his/her legal representative or it should be co-signed by a legal representative in a registration form or agreement.
- The participant is and remains responsible, for the personal assessment, if he/she is in sufficient condition to exercise and participate in any specific activity.
Article 11 Liability of the organizer
- Participation in arrangements and/or activities at the risk of the client and/or participant. Except in the case of intent or gross negligence of the organizer, the organizer is not liable for any damages, including consequential damages, which the client and/or participant suffers as a result of accidents occurring during the arrangements and/or activities, except to the extent that exclusion of liability law should not be allowed.
- The organizer shall inform the executing companies liable for damages resulting from a material defect in the facilities and activities offered by them if this material can be imputed to the company executive, unless the defect is not due to his fault or under the law, a legal act or generally accepted practice in traffic on his behalf.
- The organizer is in any event not be liable for damages resulting from:
- Circumstances that are attributable to the participant, such as not having the necessary travel documents, inadequate health or condition, insufficient personal equipment, improper action or inaction, overestimation of their own abilities or disregarding instructions;
- it, consciously or unconsciously, (to) organize a participant in the wrong category referred to in Article 3 and/or if the participant does not comply with one or more safety and/or his or her condition as referred to in Article 3, was not sufficient to practice the activity in question.
- Actions and influences of third parties not directly involved in the execution of the agreement; circumstances not attributable to the organizer's fault and that can not be reasonably attributed to the organizer under Dutch law or the norms prevailing in society.
- The client and/or participant are expected to insure themselves by means of adequate accident, travel and cancellation insurance. The organizer shall never, in any case, be liable for damages, for which entitlement to compensation, or in relation to the foregoing sentence shall be deemed to exist, is covered by a travel, accident and/or cancellation insurance.
- The exclusions contained in this article and/or limitations of liability also apply to employees and other representatives of the organizer and/or executing companies, unless the law states otherwise.
Article 12 Liability of the client and participant
- The participant and/or the customer is responsible to the organizer, is liable for damages or any other damage caused by the acts or omissions of himself, or by the 'authorized' third parties.
Article 13 Complaints
- If the participant discovers a defect in the execution of the agreement, he must report this as soon as possible by the provider to enable it to take an appropriate solution. If the shortcoming is not resolved within a reasonable period and affects the quality of the arrangement or activity, it must be reported as soon as possible to the organizer or a representative of the company on the spot. The additional costs for communication will be reimbursed by the organizer, unless they appear to have been dispensable.
- If the complaint is not resolved to your satisfaction, this must be made apparent within 14 days after the arrangement or activity, submitted in writing and motivated by the organizer. If the arrangement or activity was cancelled, then the applicable term of one month after the original start date applies.
- Any claim, on any basis whatsoever, as well as any right to terminate the contract, expires due to late notice, and in any case, one year after the arrangement or activity or, if the arrangement or activity did not take place, one year after the original start date.
Article 14 Applicable law and disputes
- The Dutch law is applicable on all agreements made by the organizer.