General Terms of Activities - Organised Activities

The following terms and conditions apply to all agreements and all current and future offers relating to organised outdoor activities by R2G Outdoors. 
In case of an interpretation dispute: original Dutch General Terms are leading. 

Table of contents:
Article 1 - Definitions
Article 2 - Identity of the organizer
Article 3 - Scope of application
Article 4 - Conclusion and content of agreement
Article 5 - Payment
Article 6 - Price
Article 7 - Information and travel documents
Article 8 - Changes by the client
Article 9 - Cancellation by the customer
Article 10 - Changes by the organizer
Article 11 - Cancellation by the organizer
Article 12 - Obligations of the organizer
Article 13 - Obligations of the principal and the participant
Article 14 - Liability of the organizer
Article 15 - Liability of the customer and participant
Article 16 - Arrangements regarding admission and/or membership
Article 17 - Complaints
Article 18 - Applicable law and disputes

Article 1 Definitions
1.1 In these terms and conditions, the following definitions apply:
a) Outdoor sports or outdoor activities: all sporting or recreational activities in which the participant moves around mainly by muscle power, both indoors and outdoors.
b) Package: a service or activity or combination of services or activities organised or offered by the organizer in a business or professional capacity, as well as the provision of facilities. These services, activities or facilities may comprise the rental or sale of equipment, the provision of transport or activities, the provision of (overnight) accommodation, the giving of instruction and the supervision or the ordering of the supervision of (parts of) a programme of activities. Accompanied arrangements or accompanied activities signify: arrangements or activities which are accompanied by a representative of an organizer.
c) One-day package: a service or activity, or a combination of services or activities offered by an organizer, which does not last longer than 24 hours in total and which does not include an overnight stay, and which comprises at least one half-day session.
d) Multi-day package: a service or activity, or combination of services or activities offered by an organizer, the total duration of which exceeds 24 hours and which in any case includes an overnight stay.
e) Activity: a single active activity offered by the organizer. These are usually sporting and/or active forms of recreation. In these Terms and Conditions activity is also understood to mean: services or the provision of facilities or material and other actions carried out by the organizer for the benefit of the client. This may for example be the rental of equipment or the provision of meals or accommodation.
f) Organizer: the person who, in the course of his business, offers arrangements and/or activities and/or services to individuals or a group of persons.
g) Representative of the organiser: the person who acts in the name of the organiser, for example as a guide of an activity (also called: instructor, trainer, game leader, or tour guide).
h) Agreement: the agreement whereby an organiser undertakes vis-à-vis a client to provide a package and/or activity. The agreement must be considered to be a travel contract if the organiser undertakes to provide a pre-arranged trip offered by him which includes an overnight stay or a period of more than 24 hours as well as at least two of the following services: 1) transport, 2) accommodation, and 3) another tourist service not connected with transport or accommodation, which forms a significant part of the package.
i) Principal: any natural person or legal entity who, for himself or on behalf of third parties, concludes an agreement with the organiser or makes use of the organizer's arrangements, activities, services or equipment.
j) Participant: each natural person who actually participates in or makes use of an arrangement and/or activity.
k) Commencement: in the case of multi-day packages that include transport to the destination: the time of departure of such transport as communicated to the participant by the organizer.
a. for multi-day arrangements in which accommodation is included, but the participant is responsible for transport to the destination, the first of the following moments: the time indicated as such on the day of arrival at the (first) accommodation or the time at which the accommodation should be made available according to the agreement.
b. for all other arrangements, activities or services: the time indicated as such on the (first) day of the programme.
l) Contract sum: the sum of the price of the package, the activities or services provided by the organizer, the premium and policy costs for any insurance taken out and the contribution to a guarantee fund, in so far as the organizer is a member thereof.
1) End:
a) in the case of multi-day package deals which include transport from the destination: the actual time of arrival of this transport at the exit point previously agreed with the participant.
b. for multi-day arrangements in which accommodation is included but the participant himself/herself provides transport from the destination, the first of the following moments: the time at which the participant actually leaves the (last) accommodation or, at the latest, must leave it.
c) for all other arrangements, activities or services: the time indicated as such on the (last) day of the programme or so much earlier that the activities cease.

Article 2 - Identity of the entrepreneur
R2G Outdoors
Jachthoornstraat 59, 6219 BN, Maastricht
Telephone number: 06-21278082 (available from Tuesday to Friday between 8:30 and 17:00)
E-mailaddress: service @ r2g .nl (without spaces = anti-spam measure)
Chamber of Commerce number: 14083961
VAT identification number: NL 001809605B25

Article 3 Scope
3.1 These Terms and Conditions apply to all activities, quotations, offers or agreements made by or on behalf of the organizer, unless the agreement contains different stipulations.
3.2 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 due rate.
3.3 In case of inconsistency between these conditions and the organizer's general conditions, the conditions of the organizer will prevail, unless the organizer and the client explicitly agree otherwise in writing.
3.4 The organizer is only bound to the agreement and/or amendments thereof and/or additions thereto, if the organizer has accepted these in writing.

Article 4 Conclusion and Content of the Agreement
4.1 Every offer of the organizer is only a non-binding invitation to the client to enter into an agreement with the organizer. The agreement will only be effected by organizer accepting the offer for the client to enter into the agreement verbally (or by telephone) or in writing. The agreement can be made both directly and through the intermediary of a booking office. The client will receive a written confirmation of the agreement from the organizer or booking agency.
4.2 The content of the agreement will also be determined by information contained in the Organizer's publications for that season. In these publications, the organizer will state which activities are included, the minimum number of participants required for the activity to take place and the amount or percentage to be paid in advance. Obvious mistakes and errors in a publication of the organizer are not binding. The organizer cannot be bound by information material issued under the responsibility of third parties.
4.3 The client is obliged, before or at the latest at the time of the conclusion of the agreement, to inform the organizer or the organizer's representative of all personal circumstances concerning himself and/or those on behalf of whom he enters into the agreement, in so far as they may be of influence on the smooth running of the arrangement. This obligation applies in particular to all relevant medical and condition-related details.
4.4 The client may, if desired, indicate preferences. Insofar as possible, the organizer will endeavour to take these into account.
4.5 The person who enters into an agreement with the organizer on behalf of another person is severally liable towards the organizer for all obligations resulting from that agreement.
4.6 The client and the participant are obliged to show a valid identification at the first request of the organizer.

Article 5 Payment
4.1 The amount of the agreement must be paid no later than 30 days before the start of the agreement.
4.2 If the agreement is concluded more than 30 days before it is due to begin and the amount of the agreement exceeds EUR 250, the client has the right to pay in two instalments. The first instalment (down payment) amounts to at least 10% of the contract amount and must be paid within 8 days of the contract being made. The second instalment amounts to the remainder of the contract amount and must be paid no later than 30 days before the start of the event.
4.3 If the agreement is concluded within 30 days of the date of commencement, the client is obliged to pay the entire amount at once within 1 week of the conclusion of the agreement, unless expressly agreed otherwise in writing. If the agreement is concluded within 48 hours of commencement, the client must pay the amount immediately by telephone transfer or pay at the place of departure. If the agreement is concluded immediately prior to commencement of the performance, payment must be made prior to commencement. 4.4 The client who does not pay in time is legally in default without any further notice of default being required. In this case the organizer is entitled to terminate the agreement or to claim full payment for all costs already incurred in respect of the agreement.
4.5 The client who fails to pay in time will owe the organizer interest of 1% per month on the amount of the contract plus costs, starting from the day of default, whereby a part of a month will be counted as a month. Furthermore, the client is obliged to pay all reasonable costs for the collection of the claim, both judicial and extrajudicial, with a minimum of 15% of the amount claimed.

Article 6 Price
6.1 The organizer who offers standard activities or arrangements to individuals or groups will annually publish an overview of the arrangements and activities offered and the corresponding rates before the start of the season. At the request of the client, the organizer will make an offer for an arrangement agreed upon in consultation. The organizer is free to temporarily offer arrangements or activities at a special rate.
6.2 The price in publications is in principle per person, unless explicitly stated otherwise. This price only includes the services and facilities described in the publication.
6.3 The organizer reserves the right to increase or decrease the price by a maximum of 10% in connection with changes in the cost of transport, including fuel costs, the levies payable or the applicable exchange rates, up to 20 days before the start of the holiday. The organizer is obliged to inform the client as soon as possible of this price change, giving reasons.
6.4 In case the organizer decides to increase the price, the client has the right to reject the price change. The client must inform the organizer of its decision as soon as possible.
6.5 If the client rejects the price change, the organizer is authorised to terminate the agreement. In that case, the Principal will be entitled to the return or remission of the travel sum or, if the travel has already been partially enjoyed, a proportionate part thereof.
6.6 If the agreement is concluded for the benefit of a group, the organizer will charge the costs for the number of participants and/or materials stated beforehand, unless otherwise agreed.
6.7 At the start of the arrangement or the activity, the organizer may demand a deposit (sum) from the client. This will be returned at the end of the agreement after deduction of all amounts owed by the client to the organizer on account of the agreement.

Article 7 Information and travel documents
7.1 Prior to the commencement of a multi-day arrangement, the organizer will provide the participant with a telephone number for emergencies and, if applicable, further information on transport and documents which are required in the country of destination or transit.
7.2 Unless otherwise agreed and insofar as applicable, the organizer will send the participant the necessary tickets, vouchers, etc. no later than 10 days before the start. If the participant has not received these 5 days before the start of the arrangement, he is obliged to notify the organizer.
7.3 In case of an arrangement abroad the participant should be in possession of all documents which are obligatory in the country of destination or transit, such as a valid passport, any visas, proof of vaccination, etc. The participant is responsible for checking the documents in the country of destination and the country of transit. The participant is responsible for checking the information provided by the organizer in this respect.
7.4 The organizer is not liable if the participant cannot participate in (parts of) the arrangement due to the lack of a required document. All consequences of this are at the expense of the participant.

Article 8 Changes by the client
8.1 The client can request the organizer to change the agreement up to 30 days before the start. If the organizer is unable to honour this request, he must inform the client as soon as possible, stating the reasons. With regard to organisation costs, client owes € 25,-- plus possible communication costs to the organizer. If the amount of the amended agreement is more than 10% lower than the earlier agreement, the cancellation arrangement referred to in article 8 of these terms and conditions will apply to the difference.
8.2 A participant who is unable to participate in the arrangement may be substituted by another person, subject to the consent of the organizer, under the following conditions:
A. the substitute must meet all the conditions attached to the agreement.
B. the request for substitution must be submitted in writing to the organizer at least five days before the start of the arrangement.
C. the conditions of the service providers involved in the execution of the arrangement do not preclude the substitution.
8.3 The client is obliged to reimburse the organizer for any additional costs resulting from the postponement.

Article 9 Cancellation by the client
9.1 The client is advised to take out cancellation costs insurance, accident insurance and/or travel insurance.
9.2 The client can only cancel the agreement by means of a registered letter to the organizer. The date of receipt of the letter by the organizer will count as the date of cancellation. 8.3 In case of cancellation by the client, he will in any case owe the following to the organizer:
a. up to 50 days prior to commencement: the down payment, being at least 10% of the arrangement price
b. from 50 to 40 days before the start: 25% of the package price
c. from 40 to 20 days before the start: 50% of the package price
d. from 20 to 5 days before the start: 75% of the package price
e. within 5 days (including) before the start or later: 100% of the package price.
This also applies if the participant does not attend the arrangement without cancelling.
9.4 In the event of cancellation, the customer is and will remain liable for
a. the policy costs and premium for the cancellation insurance if and insofar as he has taken this out with the organizer; and the contribution to a guarantee fund, if the organizer is affiliated with this.
b. In the event of cancellation 30 days prior to commencement of the travel arrangement, the organizer will refund the costs of the travel insurance, if the participant has taken out this insurance with him.

Article 10 Changes by the organizer
10.1 On the basis of important circumstances, which should be communicated to the client without delay, the organizer is entitled to change the offered arrangement and/or activity. If possible, the organizer will offer the client an alternative that leaves the specific character and the nature of the arrangement or activity intact as much as possible and that fits within the agreed budget of the client and will inform the client immediately.
10.2 The client may reject the modification as referred to in article 9.1, if the alternative has an essentially different character than the one originally agreed, or the modification causes the client disadvantage of more than minor importance in any other way. The client who rejects the alteration must inform the organizer as soon as possible. The client will in that case be entitled to a full refund of monies already paid or the portion of the amount relating to the parts of the package not used.
10.3 The arrangement or the activity will in principle also take place in bad weather, unless other arrangements have been made in writing beforehand. In the event of bad weather, the organizer will make every effort to adapt the programme in such a way as to limit the inconvenience to participants. Indoor activities shall in any case be cancelled. Outdoor activities may be cancelled free of charge by agreement between the parties up to 24 hours before commencement of the arrangement if, in the opinion of the organizer, it is not worthwhile or impossible to carry out the activity in connection with safety, among other things.
10.4 The execution of the agreed programme is dependent on local (weather) conditions. Participants in arrangements or activities which are not led by the organizer are themselves responsible for a change in the programme if the situation so requires. In case of arrangements or activities led by a representative of the organizer, the latter has the right to change the programme in consultation with the participants if the situation so requires.

Article 11 Cancellation by the organizer
11.1 The organizer has the right to cancel the contract up to 10 days before the start if the number of registrations is less than the pre-published minimum number of participants. 10.2 The organizer has at all times the right to cancel the contract in case of important circumstances which are unforeseeable and cannot be remedied or avoided such as (civil) war, terror, political unrest, natural disasters, food shortage, general strikes, et cetera. The organizer is obliged to inform the client of the cancellation without delay and with a statement of reasons.
11.3 In case of cancellation by the organizer due to the circumstances mentioned in 10.2 before the start of the arrangement or the activity, the client is entitled to a full refund of the money already paid. The organizer will make an effort to offer the client an arrangement or activity of comparable quality, if possible in the same period.
11.4 If the organizer decides to interrupt an arrangement or activity already in progress due to the circumstances mentioned in 10.2, he is obliged to make an effort to ensure the safe return of the participant. Any additional costs incurred shall be borne by the participant. If the organizer saves considerable costs by returning early, the participant is entitled to his/her share of these.
11.5 Serious shortcomings in the implementation of the agreement by the client or participant(s), such as the improper use of materials made available, give the organizer the right to immediately suspend its obligations, in particular to take back the materials made available by it and/or to cease the activities. The organizer may in this case terminate the contract by means of a verbal statement to the client or participant, provided that this is followed by a written statement to the client or participant. The organizer is entitled to full compensation of all costs and damages incurred by the client and/or participant.

Article 12 Obligations of the organizer
12.1 The organizer is obliged to carry out the agreement in accordance with the expectations which the client may reasonably have on the basis of the agreement or the Organizer's publications. Depending on the circumstances, the organizer is obliged to provide help and assistance to the participant if the arrangement or the activity does not proceed in accordance with the expectations which the latter might reasonably have had. If the cause is to be attributed to the client, the organizer is obliged to provide help and assistance insofar as this can reasonably be required of him. The costs of the help and assistance provided will in that case be borne by the client.
12.2 The correctness of the implementation of the agreement should also be assessed on the basis of the customs and restrictions of the country and location where the activities take place, on the basis of the sporting or adventurous nature of the activity and on the basis of the amount of the agreement.
12.3 The organizer is obliged to take out appropriate liability insurance with due regard for the risks associated with the arrangements offered.

Article 13 Obligations of the client and the participant
13.1 The client is obliged upon the conclusion of the agreement to inform the organizer or the representative of the organizer of all personal circumstances of himself and/or those on behalf of whom he enters into the agreement, insofar as they may be of influence on the smooth running of the arrangement or the activity. This obligation applies in particular to all relevant medical and fitness details. Each participant in activities in or on the water, not being sightseeing tours, should be in possession of a recognised swimming diploma or should have informed the organizer in advance of the lack thereof.
13.2 The participant is expected to take out adequate travel and/or accident insurance before the arrangement or activity begins. On the instructions of the participant or the client, the organizer may arrange for adequate travel, accident or liability insurance. The organizer will only act as an intermediary and explicitly does not guarantee that damages will be compensated under this insurance.
13.3 The participant is obliged to comply with all instructions given by the organizer or its representative in order to promote the proper implementation of the agreement.
13.4 The participant is obliged to use the material made available in the manner in which it is intended by its nature and the agreement. The participant must report any defects upon receipt of the material and have them recorded. The participant is not allowed to make any changes to the material or to give it to third parties for use without permission of the organizer. The participant shall inform the organizer as soon as possible, but at the latest at the end of the agreement, of any damage or loss of material. A repair order requires the prior consent of the organizer. The participant will hand over the material made available to a representative of the organizer at the end of the agreement at the prearranged place and this in the same condition as the participant has received it and as clean as possible. The organizer is entitled to charge the client and/or participant for any extra costs incurred for cleaning, searches, transport and storage of materials, reports of loss, etc.
13.5 The participant who causes such hindrance or nuisance that the performance of the arrangement or the activity is or may be seriously impeded, who endangers the safety of himself or others or who treats nature and the environment in an irresponsible way, can be excluded by the organizer or his representative from (further) participation in the arrangement or the activity. All resulting extra costs are for the account of the excluded participant or the client under whose responsibility this participant is participating.
13.6 If the participant deviates from the recommended route or the recommended time or itinerary and has to incur additional costs as a result, these costs are to be borne by the participant.
13.7 For air travel, the participant, possibly with the assistance of a representative of the organizer, must confirm the return journey at the airline office no later than 72 hours before the indicated departure time. For all journeys, the participant must confirm the exact time of departure of the return journey with the organizer or his local representative not later than 24 hours before the time of departure indicated. Any consequences arising from failure to do so shall be entirely at the participant's expense.
13.8 The organizer reserves the right to use photographic or other recordings made during the arrangement or the activities for promotional purposes. Objections to this must be made in writing within 14 days of the recording being made.
13.9 In the event that the participant has not yet reached the age of 17 and is not accompanied by at least one adult, the participant must provide the organizer with a statement of no objection signed by his/her legal representative or this legal representative must sign the registration form or the agreement.
13.10 The participant is and remains responsible for assessing whether he/she is in sufficient condition to undertake the activities concerned.

Article 14 Liability of the organizer
14.1 Participation in arrangements and/or activities takes place at the risk of client and/or participant. Except in the case of intent or gross negligence of the organizer, the organizer is not liable for any form of damage, including consequential damage, which client and/or participant may suffer as a result of accidents which occur during the arrangements and/or activities, unless and insofar as exclusion of liability is not permitted by law.
14.2 The organizer is only liable for damage which is the result of a material defect in the facilities offered by him, if this material defect can be attributed to the organizer, unless this defect is not due to his fault, nor is it the responsibility of the organizer under the law, a legal act or generally accepted practice.
14.3 The organizer is in any case not liable for damage which is the result of:
a. circumstances attributable to the participant, such as not having a necessary travel document, insufficient health or fitness, inadequate personal equipment, incorrect action or failure to act, overestimation of one's own abilities or disregard for instructions;
b. consciously or unconsciously, (allowing) a participant to be classified in a wrong category as referred to in Article 3 and/or if the participant does not comply with one or more safety regulations and/or his or her condition, as referred to in Article 3, was not sufficient to practise the activity concerned.
c. actions and influences of third parties not directly involved in the implementation of the agreement; circumstances which cannot be attributed to the fault of the organizer and which, pursuant to Dutch law or socially accepted standards, cannot reasonably be attributed to the organizer.
14.4 The client and/or participant is expected to take out appropriate accident, travel and cancellation insurance. In any case, the organizer never accepts liability for damages for which a claim for compensation exists, or is deemed to exist, on the basis of the preceding sentence, under a travel, accident and/or cancellation insurance.
14.5 In the event that the organizer imputably fails to perform the contract relating to a package covered by the Travel Contract Act, the organizer will be liable to compensate the damage that is the direct consequence of the omitted performance up to an amount of three times the travel sum, unless the law provides otherwise. The liability of the organizer for loss of enjoyment of the journey is limited to at most the amount of the fare.
14.6 The exclusions and/or limitations of liability included in this article also apply to the benefit of employees and other representatives of the organizer, the booking office and the service providers concerned, as well as their staff, unless the law excludes this.
14.7 In the unlikely event that during the implementation of a package, an event occurs which leads to the liability of the organizer, this liability will be limited to the amount or amounts which the liability insurance taken out by the organizer gives claim to, increased by the excess borne by the organizer under its liability insurance.

Article 15 Liability of the client and the participant
15.1 The participant and/or the client is liable to the organizer for damage or any other detriment caused by the acts or omissions of himself, or third parties 'admitted' by him.

Article 16 Entry and/or Membership Regulations
16.1 The organizer is free to apply an admission regulation or a regulation relating to membership. The conditions attached thereto may be included in a separate regulation.

Article 17 Complaints
17.1 If the participant discovers a shortcoming in the implementation of the agreement, he should report this as soon as possible to the service provider concerned so that he can find an appropriate solution. If the shortcoming is not resolved within a reasonable period of time and affects the quality of the arrangement or activity, it should be reported as soon as possible to the organizer or his representative on site. The communication costs will be reimbursed by the organizer, unless it appears that they did not reasonably have to be incurred.
17.2 If the complaint is not satisfactorily dealt with on site, it may be submitted to the organizer in writing, stating reasons, at the latest within 14 days of the end of the package or activity. If the arrangement or activity has not taken place, a period of one month after the original starting date applies.
17.3 Any claim for whatever reason, as well as any right to terminate the agreement, lapses in the absence of timely notification, but in any event one year after the end of the arrangement or activity or, if the arrangement or activity did not take place, one year after the original start date.

Article 18 Applicable law and disputes
18.1 Dutch law is applicable to all agreements to be entered into by the Organizer.
18.2 If the organizer is a member of the Travel Disputes Committee, Surinamestraat 24, 2585 GJ The Hague, and the agreement is a travel agreement in the sense of the Civil Code, the participant or the client can submit the dispute in writing to this body up to two months after the final date of the arrangement at the latest (or three months after the original starting date). The verdict of this committee is a binding advice for both parties. The Disputes Committee is not authorised to deal with disputes relating to complaints about illness, physical injury and death.
18.3 If the organizer is not a member of the Disputes Committee for Travel or the participant or client does not wish to make use of this, the participant or client has the right to turn to the competent court.

General Terms and Conditions of Organised Activities
Drawn up in accordance with :
Sport Institute Europe
 Outdoor insurances
 Outdoor instructor training
 Quality control