Terms and Conditions:

Article 1: Definitions

The following definitions apply in these terms and conditions:

1. Outdoor sports: all sporty or recreational outdoor sports that can be attended under supervision or with prior instruction and in which mainly physical exertion and an adventurous experience play a role, both indoor and outdoor.
2. Package: service or activity or a combination of services and activities offered by the entrepreneur for business or professional purposes. These services and / or activities can consist of the rental of material, taking care of activities, giving instructions and supervising (parts of) a program of activities.
3. Service: All activities in preparation for the implementation of outdoor sports. This means, the rental of material, giving instructions and supervise outdoor sports.
4. Activity: Outdoor sports and/or service organized by the entrepreneur for business or professional purposes.
5. Supervised activities: activities supervised by a supervisor.
6. One-day activity: an activity which is offered by an entrepreneur and does not last longer as 24 hours in total and does not include an overnight stay.
7. Multi-day activity: an activity which is offered by an entrepreneur and lasts longer as 24 hours in total and includes an overnight stay.
8. One-day package: a service or activity or a combination of services and activities offered by an entrepreneur which does not last longer as 24 hours and does not include an overnight stay.
9. Multi-day package: a service or activity or a combination of services and activities offered by an entrepreneur which lasts longer than 24 hours in total and include at least one overnight stay.
10. Entrepreneur: the person who offers activities and or materials for their profession or business, in this case "Skibaan on Tour".
11. Representative of the entrepreneur: the person acting in the name of the entrepreneur.
12. Contractor: any natural or legal person who enters into an agreement with the entrepreneur for himself or for third parties.
13. Participant: any natural person who actually participates in an arrangement and / or activity.
14. Agreement: agreement between the entrepreneur and the contractor with regard to a package or activity.
15. Agreed price: the fee which should be paid by the contractor for the activity or package. It must be stated in writing what is included in the price.
16. Information: written / electronic / oral data about the activity.
17. Cancellation: the written termination by the contractor or entrepreneur of the agreement before the start of the activity.
18. Supervisors: The people who ensure that the activity runs smoothly. This includes actions such as: giving instructions, operating what is rented, paying attention to the safety of participants and bystanders.

Article 2: Power Supply

1. The power supply must be 380v 63 ampere CEE form 5-pin and must be supplied by the contractor
2. If the contractor is unable to deliver this, he must report this to the entrepreneur so that a different solution can be arranged.

Article 3: Parking

1. The contractor must arrange parking facilities. Permits or derogation for the truck must be provided by the contractor. Any parking fees are always paid by the contractor. The contractor must take the accessibility and space for loading and unloading of the truck in account. The truck will have to stay close to the ski slope at outdoor locations. This has to be included in the permit

Article 4: (Dis) assembly of the ski slope and accessibility

1. The construction crew must have unrestricted access to the location at least 3 hours before the start of the activities. If unpaved roads, narrow streets or other obstacles occur upon approach, the contractor must notify this in advance when concluding the agreement. Not being able to approach or leave the location is seen as an obstacle. The crew must be able to leave immediately after disassembly. Waiting hours will be charged if the truck cannot leave directly after disassembly.
   The contractor will be charged a rate of € 100 each hour the truck has to wait before departure. Every part of an hour is calculated as one hour.

Article 5: Terms and conditions

1. These conditions apply to all quotations, offers, invoices, activities and agreements made by or on behalf of the entrepreneur, unless explicitly deviated from the agreement in writing.
2. The conditions are known to both parties when starting an agreement. The contractor accepts the applicability of these terms and conditions by starting an agreement with the entrepreneur or by actually participating in an activity or by paying the agreed price or part thereof.
3. In the event of any conflict between these terms and conditions and the terms and conditions of the contractor, the terms and conditions of the entrepreneur will prevail. This does not affect the fact that the contractor and the entrepreneur can make additional written agreements whereby the conditions of the contractor and / or the participant are deviated from.
4. The entrepreneur is only bound by the agreement and / or changes thereto and / or additions thereto, if the contractor has accepted this in writing.

 

 

 

Article 6: Price changes

1. If after determining the agreed price, a financial burden on the part of the entrepreneur occurs, additional costs arise as a result of charges that directly relate to the activity or to the participant and / or contractor, these can be passed on to the contractor, even after the conclusion of the agreement.

Article 7: Payment

1. The contractor must make the payments in euros, within the agreed deadlines by the entrepreneur, unless agreed otherwise and recorded in writing.
2. If, despite prior written notice, the contractor does not or not properly comply with his payment obligation within a period of two weeks after the written notice, the entrepreneur has the right to cancel the agreement immediately, notwithstanding to the entrepreneur's right to full payment of the agreed price.
3. The contractor must have paid his payment obligation one week before the start of the activity. If this is not the case, the entrepreneur has the right to cancel the agreement with immediate effect, notwithstanding to the entrepreneur's right to full payment of the agreed price.
4. The extrajudicial costs reasonably incurred by the entrepreneur after a notice of default will be borne by the contractor. If the total amount has not been paid on time, the statutory interest rate will be charged on the outstanding amount after written notice.
5. The right of the contractor to settle his claims against the entrepreneur is explicitly excluded unless the entrepreneur becomes bankrupt.
6. The full claim for payment is immediately due and payable if:
   1. A payment term has been exceeded
   2. The contractor is bankrupt, or is in suspension of payment
   3. The contractor or his company is terminated.
   4. The contractor as person is placed under guardianship or dies

Article 8: Cancellation

1. In the event of cancellation, the contractor pays compensation to the entrepreneur. The following fees are to be paid:

– Cancellation within 72 hours prior to the agreed rental date / time, 100% of the total price

– Cancellation in between 72 hours and 30 days prior to the agreed rental date / time, 50% of the total price.

– Cancellation 31 days or earlier prior to the agreed renta date / time, 25% of the total price.

2. The reimbursement will be restituted proportionally if the same activity is reserved by a third party on the recommendation of the contracting party and with the written consent of the entrepreneur for the same period.

 

 

Article 9: Early departure by the participant.

1. In the event of early departure by the participant, the contractor will owe the agreed full price for the activity.

Article 10: Obligations of the contractor

1. The contractor must ensure that the participants comply with the rules of conduct and house rules applied by the entrepreneur.
2. The entrepreneur reserves the right to use photographic or other recordings made during the package or the activity for promotional purposes. Objections must be submitted in writing within 14 days after the package or activity.
3. Alcohol consumption before and during the activity is prohibited.

Article 11: Early termination by the entrepreneur

1. The entrepreneur can terminate the agreement with immediate effect: if the contractor or participant does not or not properly comply with the obligations from the agreement, the associated information and / or government regulations, despite prior warning, to such an extent that according to the standards the reasonableness and fairness of the entrepreneur cannot be expected to continue the (participation in the) activity.
2. The entrepreneur can exclude a participant from further participation in the activity and terminate the agreement if the participant, despite prior warning, causes the entrepreneur and / or fellow participants any way of inconvenience, or endangers the safety of himself and / or other participants or deals in an irresponsible way with nature and the environment or spoils the good atmosphere in or around the activity.
3. All additional costs arising from this are for the account of the contractor.
4. If the entrepreneur or representative of the entrepreneur wants early termination, he must let the participants know this personally and he must also inform the contractor accordingly.
5. If the entrepreneur terminates the agreement because of one of the prior reasons, the contractor still has to pay the agreed price to the entrepreneur.

Article 12: Changes of the agreement

1. If at the request of the contractor, the entrepreneur changes the content of the agreement then the entrepreneur has the right to charge extra costs.
2. A change to the content of the agreement also exists if the information provided by the contractor does not correspond to reality.
3. If the entrepreneur changes the agreement, he will offer the contractor an alternative. If the contractor rejects this alternative, he must report this to the entrepreneur immediately. In this case, the contractor is entitled to a full refund of monies already paid that relate to the parts of the activity that were changed in the agreement.
4. A participant who is unable to participate in the activity can - after the contractor and the entrepreneur's consent - be replaced by another person provided that the substitute meets all the conditions of the agreement.

Article 13: The agreement is unenforceable

1. The entrepreneur has the right to suspend or cancel the agreement in the event of serious circumstances that are unforeseen and cannot be remedied or avoided, such as (civil) war, terror, political unrest, natural disasters, food scarcity , general strikes, weather conditions, etc. The entrepreneur is obliged to inform the contractor immediately and with reasons for cancellation.
2. The entrepreneur has the right to terminate the agreement in whole or in part if the physical condition of the participant makes him / her unsuitable for (further) participation in the activity.
3. If the total completion of the package of activity becomes permanently impossible, the agreement can be terminated for that part that has not yet been fulfilled. In that case, neither party is entitled to compensation for the damage suffered as a result of the dissolution.

Article 14: Complaints

1. If the participant or contractor finds a shortcoming in the execution of the agreement, he must report this as soon as possible to the entrepreneur or to the representative of the entrepreneur so that an appropriate solution can be found.
2. If the complaint has not been satisfactorily resolved on the spot, the contractor can make this known to the entrepreneur in writing and with reasons, no later than 14 days after the end of the activity.

Article 15: Liability

1. In the case of liability for damage caused by death or injury of the participant, this liability is limited to an amount that is paid by our liability insurance in the case concerned.
2. The entrepreneur is not liable for an accident, theft, death or injury to the participant unless this is the result of a shortcoming attributable to the entrepreneur.
3. The entrepreneur is not liable for the consequences of extreme weather conditions or other forms of force majeure.
4. The contractor is liable in comparison with the entrepreneur for the damage caused by the act of the participant insofar as it concerns damage that can be attributed to him.
5. The entrepreneur is obliged to take appropriate measures, after a participant reported an inconvenience caused by other participants.
6. The participant is and remains responsible for the assessment of whether he / she is in sufficient condition to practice relevant activities.
7. The participant is obliged to, at any time, follow the rules and regulations as drawn up by the entrepreneur. These are stated in these general terms and conditions, the house rules and safety rules, and the signs present.

Article 16: Damages / losses

1. The contractor is obliged to immediately report any damage and any defect to the rented material to the entrepreneur. The contractor may not proceed to repair without written permission from the entrepreneur. Changes or repairs to the rented material can only be made by the entrepreneur.
2. If the defect or damage to the rented material arises through no fault of the contractor, the contractor is only entitled to replacement of the relevant material during the remainder of the contract. Entrepreneur is never liable for any damage suffered as a result of any defect and / or damage to the rented material.
3. The entrepreneur cannot be held liable for loss of income and costs due to interruption, downtime and / or starting up a company or work or a part of the company or work
4. All damage to the rented material as a result of improper handling by the contractor or by third parties to whom the contractor has ceded the rented material for use and all other damage as a result of any cause that cannot be regarded as normal wear and tear will be repaired or replaced, the contractor will be charged for all repair or replacement costs by the entrepreneur.
5.  After discovering a defect, shortage or damage to the rental object, the contractor will not continue its use until after consultation with the entrepreneur. If the contractor does not consult with the entrepreneur (in time), then damage will be seen as a result of continued use and the contractor will be charged for all repair or replacement costs by the entrepreneur.
6. The contractor must immediately report any possible total or partial loss or a partial or total decay of the rental object to the entrepreneur after discovery, and has to give the entrepreneur all cooperation necessary, regarding the (partial) loss or (partial) decay. A decay also exists if the costs of repairing damage to the rental property in the opinion of the entrepreneur exceed the rental value of the rental property at that time in the course of trade.
7. The contractor is held liable regardless of whether he is responsible or not for the loss, destruction or theft of the rented goods, parts and/or accessories. The contractor is obliged to take preventive measures to prevent the theft or destruction of the rented goods, given that the contractor has a refund obligation, which is not canceled, not even by chance, or intervention by a third party

 

Article 17: Supervisors and liability.

1. The participants practice the activity at their own risk.
2. Supervisors must always be certified and trained.
3. If any damage, injury or death occurs to the participant due to failure and/or incompetence of the supervisors, who are arranged by the contractor, the contractor is liable.
4. If any damage, injury or death occurs to the participant due to failure and/or incompetence of the supervisors, who are arranged by the entrepreneur, the entrepreneur is liable
5. The entrepreneur or the representative of the entrepreneur reserve the right to release supervisors from their role if the supervisors do not comply with the guidelines from the entrepreneur and endanger the participants.