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Voshaar terms and conditions

ARTICLE 1: INTRODUCTORY PROVISION.

In these terms and conditions:

A. Organizer:
The person who, in the course of his business, offers a pre-arranged activity or trip in his own name to a person or group of persons.

B. Agreement:
The agreement whereby an organizer undertakes towards his counterparty to provide an activity organized in advance by him, which includes an overnight stay or a period of more than 12 hours, the following services:
1. transport (if stated on the contract)
2. stay
3. activities (if stated on the contract)
B. Agreement activity(s)
The agreement in which a (travel) organizer commits itself to the other party to provide an activity(s) offered by it.
C. Customer:
The other party of the organiser, or the person for whom the trip or activity(s) is/are stipulated and who has accepted that stipulation, or the person to whom the legal relationship with the organizer has been transferred in accordance with Article 8 of these terms and conditions.
The terms and conditions apply to all (travel) agreements as well as to agreements regarding own transport trips and shuttle trips by bus. The organizer may stipulate that these travel conditions also apply to agreements regarding other travel, if stated in the contract.

The amounts stated in these terms and conditions are, where applicable, including VAT.

ARTICLE 2: FORMATION AND CONTENT OF THE AGREEMENT.

The agreement is concluded by acceptance by the customer of the offer of the organizer.

After the agreement has been concluded, the customer will receive a confirmation in writing or electronically.
The organizer's offer is without obligation and can be revoked by the organizer if necessary. Revocation due to correction of errors in the cost calculation is allowed; revocation due to an increase in costs must comply with the requirements of Article 4.

The organizer has the right to cancel the agreement with immediate effect if the number of registrations is less than the required minimum number.
The customer provides the booking office or the organizer before or at the latest at the conclusion of the agreement with all information about himself and the customers registered by him that may be important for the conclusion or implementation of the agreement. He also mentions details about the quality or composition of the group of customers registered by him, which may be important for the proper implementation of the trip/activity by the organizer. If he fails to fulfill this obligation to provide information and this results in these customer(s) being excluded by the (travel) organizer from (further) participation in the trip or activity(ies) in accordance with the provisions of Article 13, the costs referred to in that article will be charged to him.

The person who enters into an agreement on behalf of or for the benefit of another person (the applicant) is jointly and severally liable for all obligations arising from the agreement.

All traffic (including payment traffic) between the customer(s) on the one hand and the organization and/or the booking office on the other hand is exclusively handled by the applicant.

The (other) customer(s) is (are) liable for his (their) own part.

If the agreed trip or activity(s) is/are included in a publication of the (travel)organiser, the information included therein also forms part of the agreement.

If the organizer has included general reservations in the general part of the program and these are in conflict with the travel conditions or condition for participation in activity(ies), the provisions that are most favorable to the customer will apply.

Obvious errors and obvious mistakes do not bind the organizer. Such errors and mistakes are errors and mistakes that – from the perspective of the average customer – are or should be recognizable as such at first glance.
Medical indication:
Deviations from or additions to the trip/activity offered by the organizer may be required on medical grounds (medical essences). The organizer will make a realistic effort to comply with this, unless this cannot reasonably be expected of him.

Medical essences require the express written consent of the organizer.
In the case of underage customers, parent(s)/guardian(s) give the organizer permission for the visit to a GP or hospital and the resulting treatment. Parent(s)/guardian(s) will be notified as soon as possible.
The organizer will follow the advice and/or medical treatment by the doctor and/or hospital in close contact with the caregiver(s)/parent(s).
The organizer is not liable for medical actions by a general practitioner and/or hospital. De Voshaar only plays a mediating role in this.
The organizer will recover any costs incurred from the parent(s)/guardian(s).

If, for activities that include transport, the duration of travel and stay is stated in the publication in days, the days of departure and arrival, regardless of the departure and arrival times, are counted as whole days. In some cases, this may result in the actual stay at the destination counting fewer days than stated in the publication.

Departure and arrival times will be stated for transport components of the trip/activity. The tour operator can only deviate from this within reasonable limits and only if enforcement of these times cannot reasonably be expected of it. In that case, Articles 11 and 12 do not apply.

The organizer bears no responsibility for general information in photos, brochures, advertisements, websites and other information carriers, insofar as these have been drawn up or published under the responsibility of third parties.

ARTICLE 3: PAYMENT.

At the conclusion of the agreement, a predetermined down payment of the total agreed travel sum or cost of activity (s) must be paid. Unless otherwise specified in the booking agreement.

The remainder of the travel sum or costs of activity(s) must be paid before the date of the trip / activity, or at a time indicated otherwise.

In the event of late payment, the customer is in default. He will be informed of this in writing or by telephone by or on behalf of the travel organizer and will then still have the option of paying the amount still due within 5 working days. If payment is still not made, the agreement will be deemed to have been canceled on the day of default. The travel organizer will recover the down payment of the travel sum or the costs of the activity(ies) from the customer(s) and/or organisation. The amount due for this must be paid within two weeks of the date.

ARTICLE 4: TRAVEL SUM OR COSTS OF ACTIVITY(S):

The published travel sum and costs of the activity apply per person, unless stated otherwise. This includes the services and facilities listed in the program.

ARTICLE 5: INFORMATION.

If the customer cannot make the trip or activity (s) (entirely) due to the lack of any (valid) document, this and all associated consequences will be for his account.

The customer must be in possession of the necessary documents on departure and during the trip, such as a valid passport or, where permitted, an identity card and any required visas, proof of vaccinations and
vaccinations.

Travel insurance is mandatory for (group) activities outside the Netherlands.

ARTICLE 6: TRAVEL DOCUMENTS.

Customers are responsible for arranging and obtaining travel documents. De Voshaar can only play an advisory role in this.

ARTICLE 7: CHANGES BY THE CUSTOMER.

After the agreement has been concluded, the customer can request a change thereof. Up to 7 days before the activity, these changes will be made as far as possible and in that case confirmed in writing or by telephone by the organizer.
This is subject to the condition that the customer pays the possibly changed travel sum less the amounts already paid.
The costs for postponing the departure date or reducing the number of paying customers cannot be recovered from the tour operator.

ARTICLE 8: REPLACEMENT.

In good time before the start of the trip or activity(ies), the customer can have himself replaced by someone else. The following conditions apply to this:

A. The other meets all conditions attached to the agreement.

B. The request must be submitted no later than 7 days before departure, or in such a timely manner that the necessary actions and formalities can still be performed.

C. The terms and conditions of the service providers involved in the performance do not preclude this substitution.

The applicant, customer and the person who replaces him are jointly and severally liable towards the tour operator for the payment of the part of the travel sum still due, the change and communication costs referred to in Article 7 and any additional costs resulting from the replacement.

ARTICLE 9: CANCELLATION BY THE CUSTOMER.

Customers must (if desired) take out cancellation insurance themselves.

ARTICLE 10: CHANGE BY THE ORGANIZER.

The organizer has the right to change the agreed service on one or more essential points due to force majeure as further described in article 11.

If the cause of the change can be attributed to the customer, the resulting damage will be borne by the customer.

If the cause of the change can be attributed to the organizer, the resulting damage will be borne by the organizer. Whether this is the case is determined on the basis of Article 11.

In the event of a change, the organizer will make an alternative offer to the customer if possible.

The organizer may also change the agreement on a non-essential point due to force majeure as further described in Article 11.

If, after the departure of the customer(s), an important part of the services to which the agreement relates is not provided or the organizer notices that he will not be able to provide an important part of the services, the organizer will ensure that appropriate , alternative arrangements are made with a view to the continuation of the trip/activity.

ARTICLE 11: LIABILITY AND FORCE MAJEURE.

Without prejudice to the provisions of Articles 11, 12 and 13, the organizer is obliged to perform the agreement in accordance with the expectations that the customer could reasonably have on the basis of the agreement.

Force majeure means abnormal and unforeseeable circumstances that are independent of the will of the person who invokes them and the consequences of which could not be avoided despite all precautions.

ARTICLE 12: EXCLUSION AND LIMITATIONS ORGANIZER'S LIABILITY

Participation in all activities is at your own risk. The customer is personally liable for damage suffered, provided that the organizer can be blamed for gross negligence.
In the case of cancellation and/or travel insurance, De Voshaar can only play an intermediary role in the event of damage.

The exclusions and/or limitations of the organizer's liability included in this article also apply to employees of the organiser, the booking office and the service providers involved, as well as their staff.

ARTICLE 13: OBLIGATIONS OF THE TRAVELER/CUSTOMER.

The customer(s) is/are obliged to comply with all instructions from the organizer to promote the proper execution of the trip or activity(s) and is/are liable for damage caused by his/their unauthorized conduct, to be assessed according to the benchmark of the organizer.

The customer who causes or can cause nuisance or inconvenience, so that the proper execution of a trip or activity (s) is or can be made more difficult, can be excluded from participation by the organizer.
All resulting costs will be borne by the customer.

The customer is obliged to avoid any damage.

All claims of the customer expire 3 months after the end of the trip/activity.

ARTICLE 14: INTEREST AND COLLECTION COSTS

The customer who has not fulfilled a financial obligation towards the tour operator in time, is obliged to pay extrajudicial collection costs equal to 15% of the amount claimed, unless this amount, taking into account the collection activities and the amount due, is unfair.

ARTICLE 15: COMPLAINTS

An established shortcoming in the implementation of the agreement as referred to in Article 12, paragraph 2, must be reported to the organizer as soon as possible, so that it can find a suitable solution. If the shortcoming is not resolved and affects the quality of the trip/activity, it must be reported to the tour guide without delay.

If this is not present or accessible, the customer must immediately contact the organizer in the manner prescribed by it.

If it subsequently appears that the customer has not complied with this notification obligation and the organizer has consequently not been given the opportunity to remedy the shortcoming, his possible right to compensation may be limited or excluded accordingly.

If the shortcoming has still not been resolved satisfactorily and gives rise to a complaint, the customer must report this as soon as possible in writing to the tour guide or, if this is impossible, to the organizer in the manner prescribed by the latter.

If it subsequently appears that the customer has not complied with this notification obligation and the organizer has consequently not been given the opportunity to remedy the shortcoming, his possible right to compensation may be limited or excluded accordingly.

If a complaint is not resolved satisfactorily, it must be submitted in writing and with reasons to the organizer or booking office within one month after the end of the trip or activity(ies).

If the customer has not submitted the complaint in time, it will not be processed by the organizer, unless the customer cannot reasonably be blamed for this.

Dutch law applies to all disputes between the organizer and the customer.

The customer has the right to turn to the competent court. This right expires one year after the end of the trip/activity (or, if the trip has not taken place, one year after the original departure date). Only a Dutch court is authorized to take cognizance of these disputes.

ARTICLE 16: TRULES

Under irregularities include:
A. Theft
B. Violence resulting in physical and/or psychological injury to others
C. Sexual Harassment
D. Use of hard and/or soft drugs
E. Excessive use of alcohol
F. Vandalism
G. Noise pollution
H. Non-compliance with the general regulations (if applicable)
I. Failure to comply with instructions during the trip or activity(ies).
Article 13 will be applied in the event of irregularities.

ARTICLE 16: House rules

The customer must be aware of and comply with the general rules of the house as stated on this website.

ARTICLE 17: RISK ACCEPTANCE

As a participant in activities organized by Voshaar Buitensport, I understand and accept that running, survival running, adventure racing and sports training and competitions in general, as well as kayaking, rafting, canoeing, via ferrata, rock climbing, horseback riding, abseiling, skiing, bushcraft, hydrospeed outdoor- training and adventure activities in general carry inherent risks that can result in damage, injury and even death.

Despite the fact that Voshaar Buitensport takes all possible precautions, there is a risk of injury when performing these activities.

Although unlikely, we have no control over accidents resulting from uncontrollable actions by participants or fellow participants or from failure to follow instructions. In addition, weather, travel to or from and during activities, wildlife and natural environment activities in general can increase the risk of injury.

Participants regularly travel through inhospitable and varied terrain, through forests and mountains where roots, stones and branches can cause accidents. Rock climbing can be dangerous due to, for example, falling rock. Risks associated with activities in the water include hypothermia, drowning, scratches and bruises. De Voshaar Buitensport does everything possible to offer activities as safely as possible, adapted to the mental and physical condition of the individual or target group involved.

The undersigned declares to understand that Voshaar Buitensport reserves the right to cancel activities based on the weather or on the physical and/or mental condition of the participant.

The undersigned declares to compensate material of the Voshaar Buitensport that is damaged or lost as a result of neglect or improper use.

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