1. Tirol Outdoor Experience & Indyque Travel, located in Hilvarenbeek, registered with the Netherlands Chamber of Commerce under number 50543938, is referred to as a “travel organization” in these general terms and conditions.
2. The other party is referred to as “traveler” in these general terms and conditions.
3. “The agreement” means the agreement for the assignment on the basis of which the travel organization performs work for the traveler against payment and whereby the general terms and conditions have been declared applicable.
Article 2 Applicability of General Terms and Conditions
1. These terms and conditions apply to all quotations, invoices, activities, agreements, travel and other activities by or on behalf of the travel organization to which they have declared these terms and conditions applicable, insofar as these terms and conditions are not expressly deviated from in writing.
2. The most recently sent version of these general terms and conditions is always applicable.
3. If at any time one or more provisions in these general terms and conditions turn out to be wholly or partially invalid, the other provisions of these general terms and conditions will remain fully valid.
Article 3 Offer and Registrations
1. The travel organization cannot be held to its offer if the traveler could reasonably have understood that the offer, or a part thereof, contains an obvious mistake or error.
2. Registrations for a trip must be completed within 6 weeks before departure, unless otherwise agreed upon.
3. The travel organization is at all times entitled to refuse participation.
4. Minors can only independently participate in trips organized by the travel organization with a declaration of consent signed by a person who has parental authority over them. The agreement between the travel organization and the traveler is only finalized after receipt of this declaration of consent.
5. A quote will be sent for tailor-made trips and activities. From the moment of acceptance of the offer by the traveler, the agreement and the associated payment obligation are established.
6. If necessary, the travel organization can revoke the offer, even after acceptance of the offer and any confirmation thereof. The travel organization will make the withdrawal known within 24 hours (for travel within Europe and the Mediterranean countries) or within 48 hours (for travel to other destinations) after the day of acceptance, stating reasons.
7. The duration of the trip depends on the situation and will be stated when booking.
8. The traveler will receive a booking confirmation with invoice by email within 3 to 5 business days after registration.
Article 4 Rates and Payments
1. The agreement is entered into for a definite period of time, unless the nature of the agreement dictates otherwise or if the parties expressly agree otherwise in writing.
2. The stated rates include VAT and exclude any costs to be incurred in the context of the agreement, such as surcharges, unless explicitly stated otherwise.
3. The rates agreed upon upon entering into the agreement are based on the price level applied at that time. The travel organization has the right to adjust the reimbursements, if circumstances so require, up to 20 days before the start of the trip by a maximum of 8% if this increase can be justified by an increase in the costs that the travel organization must incur. Adjusted rates will be communicated to the traveler as soon as possible. In the event of an increase of more than 8%, the traveler is entitled to cancel the trip free of charge.
4. Contrary to the provisions of paragraph 3 of this article, the travel organization can no longer increase the travel sum from the date on which the full travel sum must be paid and paid by the traveler.
5. The travel organization is entitled to invoice in phases and to require a deposit.
6. Within 14 days of the invoice date, a deposit of 25% of the travel sum, with a minimum of 125 euros per traveler, must be paid. If the package also includes a flight, the amount of the flight will be included in the deposit. The remaining part of the travel sum will be paid no later than 6 weeks before departure.
7. In case a booking is made within 6 weeks (Tirol Outdoor Experience) or 8 weeks (Indyque Travel) before departure, the full travel sum must be paid immediately.
8. The travel organization is entitled to use other payment conditions when circumstances require this.
9. If the traveler is in default or in default in the fulfillment of his obligations, all reasonable costs incurred in obtaining payment out of court, including statutory interest, will be borne by the traveler. If payment is not made after a payment reminder has been sent, the agreement will be deemed to have been canceled as of the invoice date.
Article 5 Provision of Passenger Information
1. The traveler makes all information relevant for the execution of the assignment available to the travel organization in a timely manner. Information that is not part of the booking must be available no later than 7 calendar days after booking,
2. Traveler guarantees the correctness, completeness and reliability of the data made available, even if they come from third parties. The travel organization will treat the data confidentially.
3. The traveler indemnifies the travel organization for any damage resulting from failure to comply with the provisions of the first paragraph of this article.
Article 6 Amendment and Cancellation of the Agreement
1. Cancellation by the traveler of a booked trip is only possible in writing and by registered mail. In the event of cancellation, the deposit will never be refunded. In case of cancellation from the 42nd day to the 28th day before the start of the trip, 30% of the total invoice amount will be charged; in case of cancellation between the 28th and 21st day before the start, 50% will be charged; cancellation from the 21st day up to the 14th day results in payment of 75% of the invoice amount; in case of cancellation from the 14th day, the entire invoice amount will be charged. At all times, the date on which the cancellation is received will be leading.
2. In the event of cancellation, the reservation costs and premium, and costs for any cancellation and/or travel insurance will also be charged in any case.
3. The traveler has the right to cancel the travel agreement free of charge within 24 hours after the conclusion of the travel agreement, unless the agreement is concluded within 6 weeks before departure.
4. Deviating conditions, such as conditions from an insurance or flight company, may apply to a cancellation.
5. The traveler can make a request to change the agreement up to 28 days before the start of the trip. The travel organization makes every effort to make the desired changes, to the extent that this is possible. Additional costs will be associated with the change, which will be communicated to the traveler in a timely manner.
6. The trip may be transferred if the traveler is unable to attend, provided the other person meets all the conditions attached to this agreement and the request is made known to the travel organization no later than 7 days before departure, unless circumstances make this impossible. The travel organization is only obliged to cooperate with the change insofar as this can be reasonably required.
7. The content of the travel offer is determined by the data as determined by the travel organization. However, the published travel program is indicative in nature and includes a best efforts obligation. The travel program can be adapted to relevant real-world conditions, including terrain conditions, weather conditions and travelers' fitness and experience. The travel organization is not liable for forced changes in the program, but will make every effort to maintain the quality of the trip as much as possible.
8. In the event of group travel where the minimum number of travelers is not achieved, the travel organization is entitled to cancel the trip. The travel organization will inform the traveler of cancellation no later than 2 weeks before the start and the parties can come to an alternative travel option in consultation. If no alternative is possible, the travel organization will refund the travel sum paid up to that point.
9. Individual trips can be canceled if no free accommodations are available.
10. If a trip is canceled by the travel organization, the traveler is entitled to a refund of the amount already paid to the travel organization, but no other compensation can be claimed.
11. In the event of force majeure, the parties are entitled to interrupt or move the agreement. Force majeure applies, among other things, if the execution of the agreement, temporarily or otherwise, is prevented by circumstances over which the parties cannot reasonably exert influence, such as illness, accidents, fire, a pandemic or government measures.
If a situation as described in the first paragraph of this article arises, or if other circumstances occur as a result of which the agreement cannot be continued temporarily, the obligations will be suspended as long as the parties cannot fulfill their obligations. In such a situation, the parties jointly seek a solution. If this situation continues without an appropriate solution, both parties have the right to dissolve the agreement in writing without cancellation. The costs incurred and hours worked up to that point will become immediately due and payable.
In the event of a B2B agreement, the parties are obliged to move the work and the payment obligation remains in effect.
If the traveler wishes to move the agreement due to COVID-19, but government measures do not make a continuation, whether or not in an adapted form, impossible, the travel organization is entitled to charge the costs associated with this relocation.
Article 7 Participation in Activities and Travel
1. Participation in the trip and/or activities is at your own risk. The travel organization, as well as the other parties involved in the agreement, will protect the safety of the traveler as optimally as possible. However, the traveler remains responsible for their own actions.
2. The traveler is obliged to follow the directions and instructions of the travel organization, guides and other instructors at all times.
3. The traveler is obliged to take out travel insurance with sufficient cover, as communicated to him by the travel organization.
4. The traveler is expected to have a good physical and mental condition. In extreme situations, deviation from this could lead to exclusion from participation. The traveler is responsible for estimating the desired level of physical and mental health for the trip or activity.
5. The traveler must carry correct and correctly working equipment.
6. The traveler is expected to behave properly during the trip or activity. Undesirable behavior may result in the termination of the trip or activity without refund of the amount already paid.
7. If transport is part of our agreement, the traveler must inform himself of the exact time of departure no later than 24 hours before the indicated time of departure for the return journey. If the traveler is not present in time for transport, the consequences thereof will be fully borne by the traveler.
Article 8 Liability for Damage
1. The travel organization is not liable for damage arising from this agreement, unless the damage is caused intentionally or with gross negligence, or the damage is caused by death or injury of the traveler. Participation in the trip or activity is at your own risk.
2. The travel organization is not liable for damage caused by incorrect or incomplete information provided by or on behalf of the traveler.
3. The travel organization cannot be held liable if travelers have not followed the instructions.
4. The travel organization is not liable for theft, loss or damage to personal property during the trip.
5. In the case of an individual hut tour, the traveler chooses to complete this without a hiking guide. When purchasing the tour, it is indicated which level the tour contains. By completing the purchase, the traveler acknowledges that they are aware of the risks and thereby exclude liability of the travel organization in this regard.
6. The travel organization is not liable for not being able to offer the trip due to force majeure situations.
7. The travel organization is not liable for damage to the traveler that is covered by insurance, including but not limited to travel insurance.
8. In the event that the travel organization owes compensation to the traveler for direct damage, the liability will in any case be limited or excluded to the limits permitted under the relevant international treaties and/or regulations relating to the travel services and the damage does not amount to more than three times the travel sum.
9. If, for the same event, any compensation or indemnity is due under international treaties, it shall not accumulate with the indemnity or price reduction under this Agreement.
10. If the traveler damages material made available by the travel organization or the parties involved, the traveler is obliged to reimburse the value.
11. The traveler indemnifies the travel organization against all claims from third parties related to the services provided by the travel organization.
Article 9 Complaints
1. The traveler is obliged to make complaints known to the local service provider and the tour guide or guide or travel organization immediately after they arise on site.
2. If the complaint has not yet been settled in the above case, the travel organization must be notified in writing as soon as possible, but no later than 2 months after the last travel day.
3. If a defect is reported later, the traveler is no longer entitled to repair, replacement or compensation.
4. Travel organization will respond to the complaint within 1 month after receiving the complaint.
5. The traveler is also entitled, at their own expense, to turn to the Travel Disputes Committee if the complaint has not been satisfactorily resolved by the travel organization.
6. Submitting a complaint does not suspend the payment obligation.
Article 10 Intellectual Property
1. Unless otherwise agreed in writing, the travel organization retains all intellectual absolute rights, including copyright, to all data, information supplied, quotations, routes, program, etc.
2. The aforementioned intellectual rights may not be copied, shown to third parties, made available, resold or used in any other way without written permission from the travel organization.
Article 11 Dispute Resolution
1. Dutch law applies to these general terms and conditions.
2. The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
3. Contrary to the statutory limitation periods, the limitation period for all claims and defenses against the travel organization and third parties involved is 24 months.