Article 1: Definitions
- Operator: a person who, in the exercise of his profession or business, offering activities and / or Arrangements; Representative of Active Moments: a person acting on behalf of Operator; Active Moments and all related trade names.
- The Participant ‘means any natural or legal person who enters into an agreement for themselves or for third parties with Operator and participate in an Activity and / or Arrangement of Operator.
- Activity: Operator or business professional organized or service offered.
- Arrangement: A service or Activity or a combination of services and activities offered by an operator, which lasts for longer than 24 hours and in which a night is included anyway.
- Agreement: agreement between the operator and the Participant with respect to an Arrangement or Activity;
- The agreement must be regarded as travel contract if the Operator commits to provide one offered by his pre-arranged trip that includes an overnight stay or a period of more than 24 hours and at least two of the following services: 1) transport, 2) stay, and 3) another, not to transport or accommodation and tourist service, which forms a significant part of the Arrangement.
- Agreed price: the fee paid by the Participant for an Arrangement or Activity; this should be stated in writing what is included in the price;
Article 2: Applicability
- These conditions apply to all quotations, offers and agreements made by or on behalf of the business, unless this explicitly in writing otherwise in the contract.
- The conditions at the conclusion of the agreement announced by both parties. The Participant accepts the applicability of these conditions by entering into an agreement with the operator or actually participating in an Activity or Arrangement or by paying the agreed price or part thereof.
- In contradiction of these conditions with terms and conditions of the Participant the conditions of Operator shall prevail. Nonetheless, Participant and Operator can make additional written individual agreements derogating in favor of the Participant of these terms.
- Operator is only bound by the agreement and / or amendments and / or supplements thereto, if the Participant has accepted them in writing.
Article 3: Price Change
- If, after the adoption of the agreed price, a burden on the part of Operator, additional costs resulting from a change in charges and / or charges related directly to the Arrangement / Activity or the Participant, they can at the Participant to be passed on, even after the conclusion of the agreement, until no later than 20 days before the start day of the Arrangement / the Activity.
- The Participant has the right to reject an increase in the agreed price. He must make use – on pain of forfeiture – of this right within three days after receiving the notice of the increase. If the Participant rejects the increase, Operator has the right to terminate the agreement. Operator should make use of this right – subject to forfeiture – within 7 days of receipt by the Participant of the communication on the increase. Then the Participant is entitled to remission or immediate restitution of money paid.
Article 4: Payment
- At the conclusion of the contract a deposit of 20% of the total agreed price must be paid.
- The remainder of the contract price shall be in possession of Operator no later than ten weeks before the start day of the Arrangement / Activity.
- The Participant is in neglect if not paid in time. If the Participant has not paid on time, the Operator will send the Participant a free reminder in which the Participant is given a period of fourteen calendar days to make the payment yet. If payment is still not made, the contract is deemed to be canceled on the day of neglect. Operator has the right to charge the cancellation costs.
- If the contract is established within 10 weeks of the day of departure, the agreed price should be paid straightway.
- For some Arrangements / activities it is possible that the total agreed price must be paid immediately upon purchase. In this case the Participant will be informed during the ordering process and lapsed Article 4.1 and 4.2.
- The Participant who does not fulfill a financial obligation to Operator is obliged to pay statutory interested on the outstanding amount. He is also obliged to pay collection costs incurred by the Operator.
Article 5: Cancellation
- If a contract is canceled, the Operator may, in addition to any booking charges charge the Participant the following cancellation fee:
- cancellation up to 56 days before departure: 20% of the agreed price;
- cancellation from 56 to 28 days before departure: 50% of the agreed price;
- cancellation from 28 to 14 days before departure: 75% of the agreed price;
- cancellation from 14 days before departure: the full agreed price.
- Some Arrangements / activities have a NO REFUND policy. In this case the Participant will be informed during the ordering process and article 5.1. will expire. Participant is obliged to pay the full agreed price upon cancellation.
Article 6: Premature termination
- Operator may terminate the agreement with immediate effect: If the Participant’s obligations under the agreement, the related information and / or government regulations, despite prior warning, are not properly complied to and to such an extent that by the standards of reasonableness and fairness Operator can not be required to (participate in) the Arrangement or that the Activity is continued.
- Operator may exclude a Participant from further participation in the Arrangement / Activity and terminate the contract if the Participant despite prior warning, causes inconvenience to Operator and / or other Participants, or the safety of themselves and / or others, endangers or irresponsibly treats nature and the environment or good atmosphere.
- All resulting additional costs are at the expense of the Participant.
- If the Operator or representative wishes termination, he must let this be known personally to the Participant.
- The Participant is obliged in principle to pay the agreed price.
Article 7: Documents
- The Participant is responsible for having the necessary documents, including a valid passport or, where permitted, an identity card and any required visas, proof of inoculations and vaccinations, driving license and green card. If the Participant cannot join in on the Arrangement / the Activity (entirely) due to the absence of any (valid) document, this is at the Participants own expense.
Article 8: Amendment of the Agreement
- If, on passing Operator’s request the Participant wants to change the content of the agreement, the Operator is entitled to charge additional fees.
- An amendment to the agreement is also the case if the information provided by Operator does not correspond with reality.
- If Operator decides to change the agreement, he will offer an alternative to the Participant. If the Participant rejects this alternative, he must report this immediately to Operator. The Participant is in this case entitled to a full refund relating to the non-used part of the Arrangement / Activity. Refund is not possible because of changes due to substantial circumstances
- Substantial circumstances are circumstances that are of such a nature that further alignment of Operator to fulfill the contract can not be reasonably required.
- A Participant who is unable to participate in the Arrangement / Activity itself – can after agreement from Operator be replaced by another under the following conditions:
a substitute must meet all the conditions attached to the agreement.
b. the request for the substitution is submitted in writing to Operator no later than 7 days before the start of the Arrangement / Activity,
c. the third parties involved in the Arrangement / Activity do not object to the substitution.
Article 9: Impossibility of the agreement
- Operator has the right to suspend or terminate the implementation of the agreement in the event of serious circumstances unforeseen and not to remedy or avoid. Examples are: (civil) war, terrorism, political unrest, natural disasters, food shortages, general strikes, staff illness, weather and other force majeure cases which plays a significant role. Operator is required to inform the Participant immediately of the grounds for the termination.
- Operator has the right to terminate the agreement in whole or in part if Operator determines the physical condition of the Participant makes him / her unfit for (further) participation in the Arrangement / Activity.
- Operator has the right to terminate the agreement or suspend if a group Arrangement / Activity have too few Participants. The minimum number of Participants are indicated in advance.
- If continuation of the contract becomes permanently impossible, it can be terminated for the part that has not been fulfilled. In that case none of the parties are entitled to compensation for the result of the dissolution damages.
Article 10: Complaints
- If the Participant discovers a defect in the execution of the agreement, he must report this as soon as possible so that a suitable solution can be affected.
- If the complaint site is not resolved satisfactorily the Participant that, within 14 days after the Arrangement / Activity, writing and sufficient to indicate to Operator.
Article 11: Liability
- The limited liability of Operator is a maximum of once the agreed to price.
- Operator is not liable for an accident, theft or damage unless caused by a defect which Operator is responsible for.
- Operator is not liable for the consequences of extreme weather conditions or other force majeure.
- The Participant is liable for damages caused by the act or neglect of the Participant to the extent the damage can be attributed to this.
- Operator undertakes appropriate action after notification by the Participant of nuisance caused by other Participants. Operator must also point to its Participants the possibility to take out (extra) travel / accident insurance.
- The Participant is and remains responsible for assessing if he / she is fit enough to join a Arrangement / event and practice activities.
- Participant has a minimum age of 18 years.
- Participant is aware that he/she is participating in an Arrangement / Activity with increased risk that may not be covered by liability insurance. Participants must take care of proper insurance themselves.
- For some activities, it is necessary to sign a liability waiver. Participant is aware of this and agrees that he/she may be refused to participate in the Arrangement / Activity without signing the waiver.
- Operator cannot be held liable for any injury and / or damage which is suffered or caused by the Participant during the Arrangement / activities.
Article 12: Photos, film and social media
- By registering an Arrangement / Activity you agree to receive the Active Moments newsletter, e-mails and other forms of contact and marketing.
- The Participant shall at all times be given the opportunity to unsubscribe from the relevant marketing / newsletter.
- The Participants agree that photographs and film material is made during the Arrangement / Activity and that this may be used by the operator for promotional purposes.
- Any advertising, marketing and information is always presented truthfully by the Operator. We strive for all information to be accurate. No claims can be made if information contains human mistakes, printing errors and/or inaccuracies. All print and typing errors reserved.
Article 13: Laws
- Operator ensures that the Arrangement / Activity complies to all environmental and safety demands that the government can impose on the Arrangement / Activity.
- The Participant is obliged to strictly comply to all in the Arrangement / Activity relevant safety regulations.
- This agreement is subject to Dutch law.
Modified: April 5, 2015
Translated from Dutch to English: November 24, 2018