Terms and Conditions

These general terms and conditions apply to all services and deliveries by TotaalBeleving BV.

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

1. Activity: a single active engagement offered by the organizer. In these terms, “activity” also includes services or the provision of facilities or materials and other actions performed by the organizer on behalf of the client. This can include, for example, the rental of materials or the arrangement of meals and accommodation.
2. Package: a service or activity, or a combination of services and/or activities offered by an organizer.
3. Organizer: the entity that, in the course of its business, offers packages or activities to individuals or groups.
4. Executing Companies: a company approached by the organizer to carry out and/or supervise an activity and/or provide a facility.
5. Agreement: the agreement in which the organizer commits to providing an activity to a client.
6. Client: any individual or legal entity entering into an agreement with the organizer on their own behalf or on behalf of others or who uses the organizer’s packages, activities, services, or materials.
7. Participant: any individual who actually takes part in or uses a package or activity.
8. Agreement Amount: the total price of the package or activities provided by the organizer.

Article 2 - Scope

1. These terms apply to all activities, quotations, offers, and agreements made by or on behalf of the organizer, unless otherwise stated in the agreement.
2. The client accepts the applicability of these terms by entering into an agreement with the organizer, by actually participating in a package or activity, or by paying the required fee.
3. In case of conflict between these terms and the client’s general terms, the organizer’s terms shall prevail, unless explicitly agreed otherwise in writing.
4. The organizer is only bound by the agreement and/or amendments or supplements to it if confirmed by email.

Article 3 - Formation and Content of the Agreement

1. Each offer from the organizer is a non-binding invitation to the client to enter into an agreement. The agreement is only concluded when the organizer accepts the client’s offer orally (e.g., by phone) or by email. The client will receive confirmation by email.
2. The content of the agreement is also determined by the details in the organizer’s seasonal publications. These will specify included activities, number of participants, and pricing. Obvious errors or mistakes in the publications are not binding. The organizer cannot be held to third-party information materials.
3. The client is obliged to inform the organizer or its representative of any personal circumstances that may affect the proper execution of the package or activity, especially medical and physical conditions, before or at the conclusion of the agreement.
4. The client may indicate preferences, and the organizer will try to take them into account where possible.
5. Anyone entering into an agreement on behalf of another is jointly and severally liable for all obligations arising from the agreement.
6. The client and participants must present valid ID upon request from the organizer.

Article 4 - Payment

1. For bookings without additional catering, payment is due within 14 days after receipt of the invoice.
2. For bookings with catering, the final invoice will be sent after the organizer has received the catering invoice (unless already paid on-site). Payment is due within 14 days after receiving the invoice.
3. If the client fails to pay on time, they are in default by operation of law, and the organizer may terminate the agreement or demand performance. The organizer may also claim additional compensation for any costs incurred.
4. The client must reimburse all reasonable collection costs, including legal and extrajudicial costs.

Article 5 - Changes by the Client

1. The client may request changes to the agreement up to 7 days before the activity/package. If the organizer cannot comply, they will inform the client as soon as possible with justification.
2. The client may reduce the number of participants by up to 15% no later than 7 days before the activity/package.

Article 6 - Cancellation by the Client

1. The client is advised to take out cancellation, accident, and/or travel insurance.
2. Cancellations must be made by email only; phone or other methods are not accepted.
3. The following cancellation fees apply:

• More than 90 days in advance: 10% of the total price;
• Between 90 and 60 days in advance: 25% of the total price;
• Between 60 and 30 days in advance: 35% of the total price;
• Between 30 and 14 days in advance: 70% of the total price;
• Between 14 days and the start time: 100% of the total price;
• No-show without cancellation: 100% of the total price.

  These apply to both businesses and individuals.

Article 7 - Changes by the Organizer

1. Due to significant circumstances communicated to the client, the organizer may change the package or activity. Where possible, the organizer will offer a suitable alternative within the agreed budget.
2. The client may reject the change if the alternative significantly differs from the original or causes substantial inconvenience. The client must notify the organizer promptly. In such cases, the client is entitled to a full or partial refund.
3. Packages and activities generally proceed even in bad weather, unless otherwise agreed in writing. The organizer will attempt to adjust the program accordingly. Indoor activities always proceed. Outdoor activities may be canceled without cost up to 24 hours in advance if deemed unsafe or unfeasible.
4. The execution of the agreement depends on local (weather) conditions. Participants in non-guided activities must modify the program themselves if necessary. Guided activities may be adjusted by the executing company in consultation with participants.

Article 8 - Termination by the Organizer

1. The organizer may terminate the agreement at any time due to unforeseen, unavoidable circumstances and must notify the client with reasons.
2. If terminated before the start, the client is entitled to a full refund. The organizer will try to offer an equivalent package or activity.
3. Serious misconduct by the client or participant (e.g., misuse of materials) entitles the organizer to suspend services, retrieve materials, or terminate the agreement orally. The client is liable for all resulting costs and damages.

Article 9 - Organizer’s Obligations

1. The organizer must fulfill the agreement according to reasonable expectations. They must provide assistance if the activity does not go as expected, provided the cause is not attributable to the client. Related costs are at the client’s expense.
2. Assessment of proper performance includes local conditions, the nature of the activity, and the agreement amount.

Article 10 - Client/Participant Obligations

1. The client must disclose any relevant personal information (e.g., health conditions) upon entering into the agreement. Water-based activities (excluding boat tours) require a valid swimming certificate or disclosure of the lack thereof.
2. Participants must follow instructions from the organizer or staff for the proper execution of the agreement.
3. Materials must be used as intended and any damage or defects must be reported immediately. No modifications or third-party use allowed without permission. Damages or loss must be reported no later than the end of the activity. Materials must be returned in original condition. Extra costs may be charged for cleaning, recovery, or reporting losses.
4. Participants causing serious disruption, danger, or environmental damage may be excluded. All extra costs are the participant’s or responsible client’s liability.
5. Participants deviating from recommended routes or schedules bear their own additional costs.
6. The organizer reserves the right to use photos or recordings made during the activity for promotional purposes. Objections must be stated on-site.
7. Participants are responsible for assessing their fitness to take part in the activity.

Article 11 - Organizer’s Liability

1. Participation is at the participant’s own risk. Except in cases of intent or gross negligence, the organizer is not liable for damages unless prohibited by law.
2. The organizer holds executing companies liable for damages caused by material defects, unless not attributable under law or common practice.
3. The organizer is not liable for damages due to:
   1. Participant’s own actions (e.g., poor health, inadequate gear, ignoring instructions);
   2. Improper participant categorization or non-compliance with health requirements;
   3. Acts of unrelated third parties or unforeseeable circumstances outside the organizer’s control.
4. Clients are advised to take out appropriate insurance. The organizer accepts no liability for insured risks.
5. These liability limitations also apply to the organizer’s staff and representatives unless prohibited by law.

Article 12 - Liability of the Client/Participant

The client and/or participant is liable to the organizer for damages caused by their own actions or those they allow to participate.

Article 13 - Complaints

1. If a participant notices a shortcoming, they must report it immediately to a staff member to allow for a solution. If unresolved, they must notify the organizer or on-site representative promptly.
2. If unresolved on-site, a written complaint must be submitted by email within 14 days after the activity.
3. Any claims or rights to cancel the agreement lapse without timely reporting if the activity did not take place.

Article 14 - Applicable Law and Disputes

All agreements entered into by the organizer are governed by Dutch law.