The Dutch written terms and conditions are binding in case of a lawsuit or complaint

Terms and conditions

Article 1:

Article 2: Definitions

a. Within het terms and conditions “outdoor organisation” is Van Dam Outdoor, located at Hazelaarstraat 8, 5151 ZM in Drunen, The Netherlands. As an outdoor organisation they offer the participant(s) previously booked organised trips inclusive accommodation.

b. With participant(s) is meant the other party of the outdoor organisation who booked the activity

Article 3: FORMATION AND CONTENT OF THE AGREEMENT

a. From the moment that the participant accepts the offer of the outdoor organisation directly or through interception of a booking company, is the contract binding. After the booking (verbally or written) the participant will receive a written or electronic confirmation.

b. The participant is mainly.responsible for a compliance of the obligations, which follow from the contract/assignment. Possible other persons which are travelling with the participant are responsible for their own part in regard of the outdoor organisation

c. The offer of the outdoor organisation is not set and can therefore be changed or cancelled. This change or cancellation needs to be done no later than 8 working hours after the acceptance of the booking with stated reasons.

d. In case of the agreed trip is part of a publication of the outdoor organisation then the data from this is part of the agreement. Mistakes and errors are not binding the outdoor organisation. Such errors and mistakes are – from the perspective of the average participant – logical or should be logical form the first sight.
e. Guest should not share activities and routes of the outdoor organisation on any public platform for own or other commercial goal.

Article 4: information distribution

a. When the agreement is set the participant is obligated to arrange the necessary information needed from himself and other participants (this is including special conditions regarding capacity and structure). The outdoor organisation could exclude anyone from the trip if this information is not provided. All the costs that are related to this have to be paid by the participant.

b. Moreover, all participants need to have all necessary and valid documentation, such as valid passport, visa, evidence of vaccinations. The outdoor organisation will provide the participant, after the signed agreement, with information what the necessary document and health formalities are. In case the participant does not meet the requirements, the following costs from this need to be paid by the participant, unless the outdoor organisation felt short in providing the necessary information.

c. The participant needs to get the information itself with the third parties en needs to check the correctness of this information itself with the third parties just before departure.

d. The outdoor organisation provides the participant with information about the possibility of a cancellation insurance and a travel insurance.

Article 5 Travel sum/ Total travel costs

a. De travel sum stated in the offer of the outdoor organisation is per person, unless other is stated. The travel sum is based on prices, exhange rates, and tax known by the outdoor organisation at the moment of brochure/website publication.

b. When the total amount is not paid yet the outdoor organisation is entitled to increase the total amount until 20 days before departure date due to the fact of increases of due taxes, increase of transportation costs or a change in exchange rates. In case these changes are not foreseeable and extreme, the tour operator could also change the travel sum before 20 days till the departure date when the amount is already paid. The outdoor organisation will provide a written statement to the participant of this change.

c. The same changes could also lead to a decrease of the travel sum, unless the upcoming costs are in relation to this change not realistic for the outdoor organisation.

d. The participant is entitled to reject the increase within 3 days after receiving the statement. The outdoor organisation is then entitled within 7 days after the statement of the participant to dissolve the contract. In this case the participant is entitled of remission or direct restitution of already paid amounts.

Article 6: Travel documents

a. The outdoor organisation makes sure that the participant has the necessary documents at least 7 days before departure, unless this is not realistic for het tour operator. In case the participant did not receive any documentation latest 5 working days before departure, he contacts the outdoor organisation.

b. When the trip is booked within 10 days of departure date, the outdoor organisation will provide information to the participant on when and how the necessary documents will be provided. When the participant does not receive the information on the agreed time and place, he will contact the outdoor organisation.

Article 7 Amendments

a. Amendments in the given assignment to the outdoor organisation can only change on behalf of the participant. The cost for this assignment change will be paid by the participant.

b. The change fee is €25,00 per booking. Besides this some communication costs could be charged.

c. The outdoor organisation could make changes in the agreement when there are circumstances that makes it not realistically possible for the outdoor organisation to abide by the set up agreement. The outdoor organisation announces these changes within 72 hours to the participant. Within 10 days before departure the outdoor organisation needs to announce this within 24 hours.

d. The outdoor organisation will announce an alternative offer within 72 hours. Within 10 days of departure he will announce an alternative offer within 24 hours.

e. The participant can decline or change the alternative offer. The rejection needs to be made within 72 hours of departure after the announcement of the change and within 10 days of departure the rejection needs to be made within 24 hours. In this case the outdoor organisation has 72 hours (or 24 hours if it is within 10 days of departure) to terminate the contract. The participant is entitled to remission or refund of the travel sum or a part of it, unless the trip already started. This should be done within 2 weeks.

f. When the cause of the change is due to a reason that is connected to the participant, the following costs will need to be paid by him. When the cause of the change is due to a reason connected to the outdoor organisation, the following costs will need to be paid by them. When the cause of the change is not related to either party then each party pays his own fees.

Article 8 Cancellation and termination

a. Cancellation of the assignment to the outdoor organisation can only be done on request of the participant and during the opening hours of the outdoor organisation. The paid amount cannot be refunded. In special circumstances, which are stated by the outdoor organisation, the participant can book on a different date.

b. Contains the trip different components, which are related to different cancellation policies, then for each component that cancellation policy is different as well, unless different decided before.

c. The outdoor organisation can cancel the agreement when there are circumstances that are that special, so it is not reasonable to keep the set up agreement.

d. When the termination of the contract done by the outdoor organisation is due to a circumstance that is related to the participant, the cost that follow from this termination will be paid by the participant. When the termination is due to a circumstance related to the outdoor organisation, they pay the following costs from the termination. Is the termination no fault of both parties, outdoor organisation or participant, then both parties pay their own part. When the outdoor organisation saves money, the participant receives for his part the money of the savings.
e. When the trip has to be cancelled because there are only one or two guest. The outdoor organisation returns the payed money and gives an alternative for the trip.

Aricle 9 Payment

a. Invoices need to be paid within the deadline and rules that are set up by the outdoor organisation. The payment will be paid in once during the moment of booking.

b. Missing the deadline of payment the participant is immediately in default. The agreement will be terminated on the day of the default. The outdoor organisation is entitled to charge the costs from this default to the participant.

c. When the participant does not pay his payment in time, the participant needs to pay the lawfully stated interest.

d. On top of the amount due, multiplied with the interest due, the outdoor organisation is entitled to charge all the costs that are due to not paying or not paying within the deadline of the participant, this includes judicial and extrajudicial costs, where the extrajudicial costs are a percentage of 15% of the total amount, with a minimum of €55,00.

Article 10 liability and force majeure

a. Undiminished of any agreement to the liability of the transport / accommodation provider or other parties for compensation of damage in accordance with the treaty or the law, the outdoor organization is excluded of any liability for damage caused by whatever cause, unless such damage is exclusively caused by intent or gross negligence of the outdoor organization. Likewise, liability is excluded if and insofar as the traveler has been able to recover his damage under an insurance policy, such as a travel and / or cancellation insurance policy.

b. Undiminished of the previous parts in this article is the liability of the outdoor organisation for other damage caused by death or injury of the participant minimalized until the maximum of 3 times the travel sum, unless it is caused by intent or gross negligence of the outdoor organisation. In that case his liability is not minimalized.

c. the liability in the previous parts of this article are dismissed when the outdoor organisation states it is a case of force majeure. A case of force majeure is meant when there is a circumstance that is out of the power for the outdoor organisation, for example, war, mobilisation, riots, natural phenomena, volcanic eruptions, ash clouds, flooding, closed shipping and other moods in transport, weather conditions, stagnation in the delivery by public utilities, fire, government measures, non-delivery of necessary raw materials by third parties and other similar unforeseen circumstances.

d. The outdoor organization is not liable for any delays that a participant has and the following costs that derive from this.

e. A participant who causes or can cause disturbance, such that a proper execution of the travel agreement is severely hindered by this can be excluded by the outdoor organization of continuation of the trip. All resulting costs are for the account of the participant. Reimbursement of the travel sum or part of it may be granted if the concerned participant is not guilty at the moment of the exclusion.

f. All claim rights of the participant expire one year after the end of the trip (or, if the trip has not taken place, one year after the original departure date).

g. The outdoor organization is not liable for any gained injuries by the participant.

h. During the various activities, the particpant is obliged to follow the instructions of the outdoor organization. For example, wearing the right clothes, helmets, footwear, climbing equipment etc.

i. The participant will arrange an appropriate travel insurance before booking an activity. Especially during the MTB weeks and the combination of outdoor weeks, you have to take into account that the activities are covered.

j. The outdoor organization is not liable for the loss or theft of personal belongings of the participant.
k. The outdoor organization is not liable for any costs or physical damage due to gouvernment restrictions or deceases (like Corona)

Article 11: Complaints

a. Despite all the care of and good intentions, it is still possible that the participant has a justified complaint. A complaint must be submitted, insofar as possible at the place where the reason for the complaint arose. It must be submitted in writing and motivation to the outdoor organization within one month of returning to the Netherlands. If the trip has not taken place at all, a period of one month after the original departure date applies. Complaints will not be considered if the complaints have not been reported to the tour guide on time, unless the participant reasonably has not any blame in this.

b. If the participant has complaints about the reservation made by the outdoor organization, it can submit a written motivated complaint to the outdoor organization up to one month after departure date.

Article 12 disputes

a. The Dutch Law applies on all the disputes between the outdoor organisation and the participant.

b. Disputes between the outdoor organization and the participant are exclusively decided by the court of the location of the outdoor organization. The participant has the right to request for settlement of the dispute by the court according to the law within one month after the outdoor organization has invoked on this article.