GENERAL TERMS AND CONDITIONS OUTDOOR-ALKMAAR
DEFINITIONS
In these general terms and conditions, the following terms have the following meanings:
Activities: The activities offered by Outdoor-Alkmaar as described on the website www.outdoor-alkmaar.nl, including sports activities and the rental of outdoor sports equipment.
Outdoor-Alkmaar: The sole proprietorship Outdoor-Alkmaar that organizes outdoor activities and rents out outdoor sports equipment.
Client: The person who assigns Outdoor-Alkmaar by making a booking or reservation for the activity/activities.
Assignment: The organization of an activity and/or the rental of the related equipment.
Agreement: The agreement between the client and Outdoor-Alkmaar.
Participant: Anyone participating in the activity.
Terms and Conditions: These general terms and conditions.
Counterparty: The client, participant, and supplier.
Article 1 Participation in an Activity
The confirmation email serves as proof of booking and must be presented for participation. The due amount must be paid in advance via bank transfer or by card payment at Outdoor-Alkmaar. If the client does not appear (without cancellation, at least 24 hours before the start of the activity) on the agreed day and time, the due amount will be charged.
Article 2 Group Activities
The number of participants can be adjusted up to 7 days in advance. The invoice will be issued before the activity for the specified number of participants. It is also possible to pay the due amount on the day of the activity by card payment at Outdoor-Alkmaar. Please indicate your preferred payment method.
Article 3 Insurance and Damage
Participants are expected to have sufficient health and/or accident insurance before the activity, either personally or through the client.
Costs resulting from damages and/or destruction caused by participants will be covered by the client if they cannot be recovered from the perpetrator(s).
Article 4 Liability
Outdoor-Alkmaar cannot be held liable for damage to persons and/or goods resulting from participation in the activities it organizes. Participants must be aware that participation in Outdoor-Alkmaar activities requires physical effort. Participants must be physically and mentally healthy and capable of handling the physical and mental demands of the activities. Pregnant women and physically limited participants may be excluded from participation if there is too high a risk of injury.
Article 5 Scope of Application
These terms and conditions apply to all offers, order confirmations, and agreements unless explicitly agreed otherwise in writing.
The general terms and conditions of the counterparty do not apply and are expressly rejected.
Outdoor-Alkmaar is only bound to assignments, agreements, or changes/additions thereto after explicit written or email approval.
If a provision in these terms (or any additional agreements) is nullified or invalid, the remaining provisions remain in effect. A provision that closely aligns with the parties' intention will replace the invalid provision.
The client ensures that all participants are aware of and comply with these Terms and Conditions.
Article 6 Deviation from Terms and Conditions
Only an authorized representative of Outdoor-Alkmaar can include deviations from these terms in the agreement.
Deviating agreements are only valid if recorded in writing in the agreement.
A representative acting on behalf of a participant or client is assumed to be authorized to do so.
Article 7 Price and Payment
Prices mentioned by Outdoor-Alkmaar include VAT unless explicitly agreed otherwise in writing.
Prices listed on the website or in other publications are per person unless stated otherwise. These prices include only the services and provisions described in the publication.
For larger events or activities, Outdoor-Alkmaar may require a deposit from the client. The deposit will be refunded after the activity, deducting any costs for damages and such owed to Outdoor-Alkmaar.
Payment for activities must be received within 7 days after the invoice date and/or on the day of the activity via card payment at Outdoor-Alkmaar, as specified in the invoice.
If payment is not received on time, the booking or reservation is no longer valid.
If the client fails to pay after the deadline stated in the payment reminder, Outdoor-Alkmaar will take collection measures. All costs associated with collection will be borne by the client.
In case of non-payment, Outdoor-Alkmaar is entitled to charge statutory interest without requiring notice of default.
The client is not entitled to suspend or offset payment of an invoice or part thereof if there is a dispute between the parties.
Article 8 Complaints or Suggestions
Complaints or suggestions can be submitted via the Outdoor-Alkmaar website, by phone, or by email.
Article 9 Physical or Weather Conditions
Outdoor-Alkmaar is not liable if a participant is unable to participate (in parts of) the activity due to physical or other circumstances. The participant bears all consequences and risks.
Activities take place outdoors. Outdoor-Alkmaar reserves the right to suspend (part of) an activity temporarily if weather conditions require it, such as thunderstorms or storms. In such cases, the group will temporarily move indoors until conditions allow the activity to resume. Participants/clients are not entitled to (partial) refunds. The default position is that activities proceed unless Outdoor-Alkmaar deems continuation unsafe. In exceptional cases, Outdoor-Alkmaar and the participant will seek an alternative solution together.
Article 10 Copyright and Industrial Property Rights
The copyright and other intellectual property rights of activities conceived or developed by Outdoor-Alkmaar belong to Outdoor-Alkmaar.
Article 11 Obligations of Client and Participant
1.The client is obliged to inform Outdoor-Alkmaar or its representative of all personal circumstances of themselves and those for whom they enter into the agreement if these may affect the proper execution of the activity. This obligation particularly applies to relevant medical and physical conditions. Any participant in water activities must possess a recognized swimming diploma. Lack thereof must be reported in advance to Outdoor-Alkmaar and may result in exclusion from the activity.
2.All participants are expected to have adequate health and/or accident insurance before the activity, either personally or through the client.
3.Participants must follow all instructions from Outdoor-Alkmaar or its representative to ensure proper execution of the agreement. A participant who causes significant disturbance or inconvenience that impairs the activity, endangers themselves or others, or irresponsibly handles nature and the environment may be excluded from (further) participation without warning. All resulting costs are the responsibility of the participant.
The excluded participant is not entitled to a refund of (a portion of) the amount paid for participation.
1.The participant is required to use the provided equipment in a manner for which it is intended by nature. The participant may not modify the equipment or allow third parties to use it without the explicit written permission of Outdoor-Alkmaar. The participant must inform Outdoor-Alkmaar as soon as possible, but no later than the end of the activity, of any damage or loss of materials. The participant must return the provided materials at the end of the activity in the same condition as received, at the pre-agreed location. Any costs for cleaning, replacement, etc., shall be borne by the client or the participant if these costs are reasonably their responsibility.
2.The participant is and remains responsible for being in sufficient physical condition to engage in the activity, as well as for responsible participation in the activity.
Article 12 Liability of Outdoor-Alkmaar
1.Participation in the activity is at the client's/participant's own risk. Outdoor-Alkmaar is not liable for any form of injury or damage – including indirect damage, consequential damage, and business damage – that the client/participant suffers as a result of accidents or other circumstances during the activity, except in cases of intent or gross negligence on the part of Outdoor-Alkmaar.
2.Outdoor-Alkmaar is only liable for damage resulting from a material defect in the facilities it provides if the defect can be attributed to Outdoor-Alkmaar.
3.Outdoor-Alkmaar is not liable for damage resulting from circumstances attributable to the client/participant.
4.The exclusions and/or limitations of Outdoor-Alkmaar's liability set out in this provision also apply to employees and other representatives of Outdoor-Alkmaar, involved service providers, and the staff of the involved service provider.
5.The liability of Outdoor-Alkmaar is in all cases – except in cases of intent or gross negligence – limited to the amount covered by the liability insurance taken out by Outdoor-Alkmaar and insofar as the liability insurance provides coverage.
Article 13 Liability of Client/Participant
1.The client/participant is liable to Outdoor-Alkmaar for any damage or other disadvantage caused by their actions or omissions or by third parties admitted by them.
2.At the first request of Outdoor-Alkmaar, the client or participant shall indemnify Outdoor-Alkmaar against claims by third parties against Outdoor-Alkmaar.
Article 14 Termination of Agreement by Outdoor-Alkmaar
1.Outdoor-Alkmaar is entitled at all times, without judicial intervention, to terminate the agreement immediately:
1.in case of deficiencies in the execution of the agreement by the client or the participant, such as improper use of the provided materials or failure to follow the instructions of Outdoor-Alkmaar. In that case, Outdoor-Alkmaar is entitled to full compensation for all costs and damages incurred and/or to be incurred as a result;
2.if the client has been declared bankrupt, has applied for (provisional) suspension of payment, is subject to the application of the Debt Restructuring (Natural Persons) Act, has ceased or liquidated their business, a significant part of their assets has been seized, or has transferred their business to third parties. The termination may be made through an oral statement, followed by written confirmation of this statement.
2.Amounts invoiced by Outdoor-Alkmaar before termination or amounts to be invoiced by Outdoor-Alkmaar after termination in connection with what it has already performed or delivered prior to termination remain payable in full and become immediately due and payable upon termination.
Article 15 Applicable Law and Disputes
1.All legal relationships between Outdoor-Alkmaar and the client/participant are exclusively governed by Dutch law. 2.The competent court in the District Court of North Holland has jurisdiction to hear all disputes between Outdoor-Alkmaar and the client/participant.
