Travel Conditions Unplugged Outdoor

Participating in one of our Unplugged Outdoor activities involves an offline adventure. Together we will explore, sometimes in a primitive way, green nature at home and abroad. Unplugging with us comes with the following conditions.

Article 1. Definitions

1. Organizer: Unplugged Outdoor registered under Chamber of Commerce number 85131709.
2. Traveler: any person who wishes to enter into an agreement with the Organizer with respect to a Trip and any person who has the right to travel under the agreement;
3. Travel service means the services that are part of the trip, such as passenger transportation, car rental, accommodation and excursions.
4. Travel service provider: the service provider that performs any part of the Trip, such as accommodation providers, carriers, third-party guides, etc.
5. Agreement: the agreement relating to the booked Trip, including these Terms and Conditions.
6. Written: in writing or electronically including by e-mail.
7. Conditions: these general terms and conditions.
8. Package tour: a package tour within the meaning of the law.
9. Trip: a Package Trip, activity or if the Terms are declared applicable thereto a single Travel Service.
10. Working days: Monday through Friday, excluding holidays recognized in the Netherlands, within working hours (9am-17pm Dutch time).
    
    

Article 2 - Applicability of conditions

2.1 Package Tours
These Conditions apply to all Package Tours offered by or agreed with the Organizer.

2.2 Travel Services
These terms and conditions may also be declared applicable to Travel Services that do not constitute a package tour. Title 7a of Book 7 of the Civil Code containing rules on package travel agreements will not apply in this case. These Travel Services are not protected in the event of the Organizer's insolvency, unless it is expressly stated in the offer which party provides cover and this follows from the guarantee or insurance conditions.

2.3 Differing and Additional Conditions
Differing and additional conditions must be agreed in Writing and take precedence over these Conditions.

THE BOOKING

Article 3 - Formation of Agreement

3.1 Content of offer
The offered Trip includes only the services and facilities expressly described in the Organizer's offer and publications. Information in publications of Travel Service Providers are not part of the offer, regardless of whether a link to it is included in the Organizer's offer. The stated trip duration is indicated in whole days, with the day of departure and arrival counted as whole days.

3.2 Non-binding offer
The Organizer's offer is non-binding and may be revoked by the Organizer after acceptance until 5 p.m. of the next Working Day.

3.3 Booking
The Agreement comes into effect once the Traveler accepts the Organizer's offer and subject to availability of the Trip. The Buyer is entitled to a cooling-off period of 14 calendar days following the commitment and conclusion of the Agreement between the two Parties

3.4 Obvious errors
Obvious errors in the offer do not bind the Organizer. If there is reason for doubt, the Traveler should make inquiries. 

3.5 Preferences
No rights may be derived from preferences submitted by the Traveler unless the Organizer has confirmed In Writing that the preference will be met. The mere mention as a preference on travel documents and the booking confirmation is insufficient for this purpose.

3.6 Special requirements
If the Traveler makes medical requirements or other weighty interests known to the Organizer as 'requirements' when booking, the Organizer will assess whether it can meet them. If the Organizer is unable or unwilling to meet the requirements, the Agreement will not come into effect. The Organizer may make a price change in connection with the specified requirements. 

3.7 Confirmation of booking

The Organizer will send a booking confirmation after booking the trip and checking availability.

3.8 Revocation by Traveler
A booking of the Trip is final. The Traveler has no right to revoke the Agreement.

3.9 Minors
The Traveler who books the trip must be of age. If Traveler is under 18 years old, Organizer requires a signed consent statement from Traveler's parents and/or legal guardian.

3.10 Booking for other Travelers & communication
The Traveler who books for other Travelers is jointly and severally liable for all obligations arising therefrom. The other Travelers are each liable for their own share. The confirmation, invoice, travel documents and all other communications will be sent only to the Traveler making the booking. The Traveler booking the Trip for others is required to disclose relevant personal circumstances of those other Travelers at the time of booking. The Traveler booking the Trip for others is obliged to provide those other Travelers with these Terms and Conditions and other relevant communications. The Traveler who books the Trip indemnifies the Organizer for damages resulting from failure to comply with the above obligations.

INFORMATION

Article 4 - Information by the Organizer

4.1 Travel Price
Prices quoted are per person unless expressly stated otherwise.

4.2 Information provided by the Organizer upon booking
Upon booking or immediately thereafter, the Organizer provides the Agreement to the Traveler including the accepted preferences of the Traveler and information tailored to the Dutch nationality about the necessary travel documents (passports, visas, etc.) and any health formalities.

4.3 Travel Documents
During the Trip, the Traveler must have the necessary travel documents, such as a passport, visas, vaccination certificates, etc. Given the great importance of these, the Traveler should check with the official authorities that the information is complete and up to date. Before booking the Trip, the Traveler should check whether there is sufficient time to obtain the necessary travel documents. If the Traveler cannot make the Trip or cannot make it in full due to the absence of the appropriate travel documents, the costs will be borne by the Traveler.

4.4 Travel documents
The travel documents (transport tickets, vouchers, etc.) will be sent to the Traveler no later than 7 days before departure, unless the invoice has not yet been paid in full. If the Traveler has not received the travel documents 5 days before departure, the Traveler must notify the Organizer immediately.

4.5 Information on insurance
The Organizer shall inform the Traveler of the possibility of taking out cancellation insurance and travel insurance. The Organizer may require such insurance if the Traveler has been informed of this prior to booking.

Article 5 - Information by the Traveler

5.1 Relevant information of the Traveler(s)
Before booking, the booking Traveler shall provide all relevant information about the registered Travelers. In particular, information on medical, physical and mental condition, as well as other essential information that may be of interest. This applies to all activities offered by Organizer. Organizer wishes to ensure the safety of Traveler and fellow travelers. To this end, Traveler must answer all questions when completing the booking form on the website or sent by Organizer via email. If the information provided is incorrect or incomplete, the Traveler may be excluded from participation. The Traveler will then owe the cancellation fee in accordance with Article 9 paragraph 2. Other costs will also be borne by the Traveler.

5.2 Reduced mobility, pregnant women and illness
Travelers with reduced mobility and their companions, pregnant women and Travelers with an illness that may affect the Trip must report this to the Organizer at the time of entering into the Agreement or in any case as soon as possible after the Traveler becomes aware of it in connection with possible consequences for the Trip and in particular the air transport. These Travelers must verify themselves with the carrier whether a medical certificate is required in order to travel. 

BEFORE THE TRAVEL

Article 6 - Payment

6.1 Deposit
All bookings for an Unplugged Outdoor Weekend are subject to payment in full within 14 days of invoice date. 

For all bookings of an Unplugged Outdoor Week, a deposit of 20% of the total trip cost is due within 14 days of invoice date, payable in full.

6.2 Final payment
The balance of the travel sum for an Unplugged Outdoor Week must be paid no later than four weeks before the start date of the Trip. Are you booking an Unplugged Outdoor Week within four weeks of the start date of the Trip? Then you will receive a request to pay the full travel sum in one go within seven days, and no later than 24 hours before the start date of the trip. In any case, the entire payment must be received before the start of the Trip.

6.3 Default and interest
If the Passenger fails to pay within the agreed period, the Passenger shall be in default without further notice of default being required and shall owe statutory interest on the outstanding amount.

6.4 Collection costs
The Passenger must pay extrajudicial collection costs if the Passenger has not paid within the deadline for payment set via a Written demand for payment. The extrajudicial collection costs amount to: 15% of the claimed amount up to € 2500, 10% over the following € 2500, 5% over the following € 5000 and 1% over the excess.

6.5 Further consequences of failure to pay
As long as the Traveler has not paid, the Organizer may retain the travel documents. If payment is not made even after reminder or if payment is not made before commencement of the trip, the Organizer may exclude the Traveler from participation. The obligation to pay remains. Instead of excluding the Passenger from participation, the Organizer may cancel the Agreement and charge the Passenger for the cancellation fee due for this as stipulated in Article 9 paragraph 2.

6.6 Guarantee Scheme STO Garant
In order to comply with the legally required guarantee scheme, Organizer uses STO Garant. Traveler can check this via the STO Garant participant page (www.stogarant.nl/deelnemers). All information about STO Garant can be found by Traveler at www.sto-garant.nl. For each Activity/Tour of Organizer, it is clearly stated whether STO Garant's guarantee is applicable. In the guarantee scheme, Traveler will read what the guarantee entails and which conditions apply. Traveler will find this guarantee scheme on the STO Garant website (www.sto-garant.nl/downloads).

If the STO Garant guarantee applies to Traveler's booking, Traveler will not pay the travel sum to Organizer, but to the third-party account of Stichting Derdengelden Certo Escrow, a payment service provider registered with De Nederlandsche Bank (DNB) and the Authority for the Financial Markets (AFM). This third-party funds foundation guarantees Traveler's travel funds until after the completion of Traveler's booking. If services are not provided (in full and/or on time) due to financial incapacity of Organizer, STO Garant will execute the guarantee. In the guarantee scheme, Traveler reads how he/she claims in that case. 

Article 7 - Indemnification

7.1 Conditions and Notice
A Traveler may transfer the Trip to another person. The other person must comply with all conditions attached to the Trip. Transfer is possible only to the extent permitted by the terms and conditions of the Travel Service Provider concerned. If airline tickets are part of the Trip, transfer of the airline tickets is often not possible. Transfer of the Trip is then possible if - at the Traveller's expense - new airline tickets are booked. The Traveler requests the Organizer at least 7 days before the Trip to replace the person.

7.2 Joint and several liability and additional costs
The Traveler and the person taking over the Trip shall be jointly and severally liable for payment of the travel price and additional costs arising from the substitution, including modification costs.

Article 8 - Modification at the request of the Traveler

8.1 Amendment
The Traveler who has booked the Trip may request the Organizer to amend the Agreement. The Organizer is not obliged to do so. The Organizer will inform the Traveler of the new travel price. If the Traveler agrees to the costs of the change, the new travel sum and change costs are payable. If the new travel sum is less than the original travel sum, the difference will be offset against the change fee due.

8.2 Change of departure date
Unless the Organizer indicates a rebooking, the change of departure date constitutes the cancellation of the existing agreement and the creation of a new agreement. The cancellation regime of Article 9 applies to the cancelled agreement.

Article 9 - Cancellation by the Traveler.

9.1 Cancellation
The Traveler may cancel the booking prior to the commencement of the Trip. Cancellation must be made In Writing. The date on which the cancellation is received by the Organizer counts as the moment of cancellation. If received after 5 p.m. or outside Business Days, the next Business Day is considered the date of receipt.

9.2 Cancellation fee

9.2.1 In the event of cancellation by Traveler of an Unplugged Outdoor Weekend, the following rates apply:
- Between 4 to 2 weeks before the event: 50% of the travel sum
- From 1 week before the event: 75% of the travel sum
- From 2 days before departure: 100% of the travel sum

9.2.2 In case of cancellation by Traveler of an Unplugged Outdoor Week, the following rates apply:
- Up to and including 8 weeks before the day of departure: the deposit and already paid permits
- Between 8 weeks and 4 weeks before departure: 50% of the travel sum;
- Between 4 weeks and 2 weeks before departure: 75% of the travel sum;
- From 2 weeks before departure: 100% of the travel sum

9.2.3 If Traveler is forced to cancel the event due to an event beyond the control of Organizer and/or there is force majeure, Traveler will dissolve the agreement (Art. 6:258 BW) or temporarily suspend and organize the event at a different time

9.3 Reduction in number of Travelers
If the number of Travelers is reduced within one booking, the Organizer may, at its option, charge as a cancellation fee:
1) the standard cancellation fee mentioned in paragraph 2 of this article, or;
2) the entire travel price of the cancelled person minus the cost savings resulting
from the cancellation.

9.4 Cancellation costs for cancellation after a rebooked trip
It may happen that the Traveler and Organizer rebook the trip to a later time. If the Passenger cancels the rebooked trip, the cancellation costs will be at least the amount that would have been due if cancellation had been made on the date of rebooking.

9.5 Travel credits issued out of courtesy
If a Trip is cancelled by the Traveler and a travel credit is awarded out of courtesy, the following applies (unless other conditions are communicated by the Organizer):
- The travel credit must be spent within one year after the travel credit is granted.
- The new trip must have commenced within two years of the granting of the travel credit.
- The travel credit is tied to the Traveler and not transferable.
- The travel credit can only be used for the same Trip at a later time.
- If the Trip is more expensive at a later time, the price difference will be charged to the Traveler.
- If the Traveler cancels the Trip booked with a travel credit granted out of courtesy, the travel credit expires.

Article 10 - Price Change

10.1 Price Change
The Organizer may increase the trip price up to 20 days prior to the commencement of the Trip due to price changes in:
- Costs of fuel or other energy sources, or;
- Taxes or fees of third parties not directly involved in the implementation of the Trip. The Organizer may include in the Agreement that up to 20 days prior to the commencement of the Trip it may increase the travel price due to changes in exchange rates. The Agreement must include the method of price recalculation based on the exchange rate.

10.2 Termination by Traveler
If the price increase exceeds 8% of the travel price, the Traveler may terminate the Agreement and the Traveler will be refunded the travel price paid.

10.3 Price reduction
If the right to a price increase has been agreed, the Traveler shall have a corresponding right to a price reduction. From the amount to which the Traveler is entitled, 30 euros in administrative costs will be deducted.

Article 11 - Modification by the Organizer

11.1 Changes
The Organizer may unilaterally make minor changes to the Trip before the start of the Trip. The Traveler will be notified accordingly.

11.2 Substantial changes
If necessary, the Organizer may make substantial changes to the main features prior to the commencement of the Trip. This includes offering an alternative Trip. The Traveler may accept the change or terminate the Agreement without payment of cancellation fees. Upon termination, the travel price paid by the Traveler will be refunded. The Organizer may set the Traveler a reasonable period within which the Traveler must make his choice clear. If the Agreement is not terminated within the specified period, the change will be considered accepted and the right to termination will lapse.

Article 12 - Cancellation by the Organizer

12.1 Cancellation due to minimum numbers
The Organizer may cancel the Agreement prior to the commencement of the Trip if the number of registrations is less than the minimum number specified in the Agreement and the Traveler is notified no later than:
- 20 days before the start of the Trip for a Trip of 6 days or more.
- 7 days before the start of the Trip for a Trip of 2 to 6 days.
- 48 hours before the start of the Trip for a Trip of less than 2 days.

12.2 Cancellation due to force majeure
The Organizer may cancel the Agreement prior to the commencement of the Trip if the Organizer cannot perform the Agreement due to unavoidable and extraordinary circumstances.

12.3 Reimbursement of travel expenses paid - no compensation
In the above cases, the Organizer shall reimburse amounts already received within 14 days and no compensation shall be payable. Not reimbursed are costs incurred by the Traveler for services outside the Agreement such as vaccinations, visas, purchase of equipment, insurance and if not included in the Trip the air travel, tickets, accommodation, etc.

12.4 Cancellation through the actions of the Traveler
If the Traveler does not meet predetermined participation requirements or if incorrect or incomplete information about the Traveler has been provided, the Organizer may cancel the Agreement. The Traveler will then owe a cancellation fee as stipulated in Article 9 paragraph 2.

EXECUTION OF THE TRIP

Article 13 - Responsibility & shortcomings

13.1 Proper performance of the Trip
The Organizer is responsible for the performance of the agreed Travel Services, regardless of whether they are performed by the Organizer itself or by another Travel Service Provider. The Organizer must perform the Agreement in accordance with the expectations that the Traveler could reasonably have on the basis of the publications, the Agreement and the circumstances at the travel destinations.

13.2 Changes in itinerary and travel times
The Organizer will inform the Traveler about changes in the itinerary. If the Organizer does not know the place of stay, the Traveler will only be informed at the email address or cell phone number known to the Organizer.

13.3 Traveler's obligation to complain
The Traveler shall immediately notify the Travel Service Provider and the Organizer, in line with Article 17, of any defects or problems in the performance of the Travel Services.

13.4 Remedy by the Organizer
The Organizer shall ensure that shortcomings are remedied. A shortcoming need not be remedied if this is impossible or involves disproportionately high costs.

13.5 Compensation.
If the shortcoming cannot be resolved, the Organizer (or Travel Service Provider) will consult with the Traveler and may arrange compensation or alternative where appropriate. The Traveler is not entitled to compensation or alternative if the shortcoming is attributable to the Traveler.

Article 14 - Help and assistance

14.1 Obligatory Assistance
The Organizer shall provide the Traveler with help and assistance if the Traveler is in difficulty, in particular by providing proper information about medical services, local authorities and consular assistance and by helping the Traveler to use remote communication and to find alternative travel arrangements.

14.2 Charges
The Organizer shall charge a reasonable fee for the help and assistance if the difficulties have arisen due to intention or negligence of the Traveler.

LIABILITY

Article 15 - Attribution, force majeure and liability exclusions

15.1 Attribution & Force Majeure
The Passenger shall not be entitled to compensation for damages incurred by the Passenger as a result of a failure attributable to:
a. the Passenger;
b. third parties not directly involved in the execution of the Agreement and the shortcoming could not be foreseen or prevented, or;
c. unavoidable and extraordinary circumstances.

15.2 Liability exclusion
Any liability of the Organiser for damages is limited to three times the travel sum, unless the damages result from the death or personal injury of the Traveller or the damages were caused by intentional or negligent acts of the Organiser.

15.3 Exclusion of liability under treaty or EU regulation
If the Organizer is liable for any damages, including damages resulting from the death or personal injury of the Traveler, such liability shall be limited or excluded to the limits permitted under the relevant international treaties and/or EU regulations applicable to the individual Travel Services.

15.4 Insured damages
The Organizer is not liable for damages covered by insurance policies such as health, travel, event, or cancellation insurance.

15.5 Limitation period
Any claim of the Traveler for compensation for damages and other claims of the Traveler shall expire two years after the Trip took place. If the Trip did not take place, it lapses two years after the scheduled date of commencement.

15.6 Lapse of right
Without prejudice to the statute of limitations and the duty to complain in a timely manner, any claim of the Traveler for compensation for damages shall lapse three years after the commencement date of the Trip.

15.7 No double compensation
The Traveler is not entitled to double compensation. If the Passenger is entitled to compensation under international treaties or EU regulations, the Passenger will not also receive compensation under this Agreement.

OBLIGATIONS OF THE TRAVELLER

Article 16 - Traveler's obligations

16.1 Conduct and compliance with instructions
The Traveler must behave as a reasonably acting Traveler and is obliged to follow all instructions of the Organizer and the Travel Service Providers.

16.2 Consequences of non-compliance - exclusion from participation
In the event of non-compliance with instructions or in the event that a Traveler causes a nuisance, the Organizer/Tourism Service Provider may deny the Traveler further participation in the Trip in part or in full. The Traveler will then not be entitled to a refund of monies. Further costs incurred as a result will be borne by the Traveler.

16.3 Warning
Before the Traveler is excluded from participation, the Traveler will first receive a verbal or written warning. A warning is not required if it is not appropriate given the circumstances.

16.4 Traveler liability and indemnification
The Traveler is liable for damage caused by his conduct, failure to comply with the obligations in this article or damage that is otherwise attributable to him. The Traveler indemnifies the Organizer against claims by Travel Service Providers involved in the Trip, other Travelers or third parties for damage caused by the Traveler or attributable to him.

Traveler is always responsible for his/her own actions and deeds. The Organizer may, based on its own judgment, deny participation in all or certain parts of the activity to Traveler. Traveler participating in an activity/Tour must have a normal basic condition

16.5 Verifying time of return
The Traveler must verify the exact time of departure no later than 24 hours before the scheduled start of the return trip.

16.6 Formal Health Requirements
The Traveler must meet all health requirements applicable at the destination (and transit countries). Governments may change these requirements unannounced. The consequences of these changes are within the Traveller's sphere of risk.

16.7 Measures by Travel Service Providers
Travel Service Providers may take all reasonable measures and require the cooperation of Travelers, including to prevent and combat calamities, to limit health risks, to prevent damage or to comply with government regulations. Failure to comply with the measures or instructions may result in the Passenger being denied the Travel Service and access.

16.8 Use of Materials
The Traveler must treat provided materials neatly. Upon receipt, the Traveler must check these items and report any defects immediately. The Traveler is liable for damage, loss or theft of the materials provided.

OTHER PROVISIONS

Article 17 - Complaints

17.1 Information
The Organizer shall provide emergency contact information prior to the commencement of the Trip.

17.2 Reporting on site
If the Traveler believes that the Trip is not being properly carried out, he must immediately report the problem or defect to the Travel Service Provider concerned so that it can provide a solution. If tour management of the Organizer is on site, the complaint should also be reported to the tour management immediately. If no tour guide is on site, the complaint should also be reported to the Organizer. This reporting can be done by Whatsapp, text message, telephone or on Working Days under Dutch office hours (9-17h) also by e-mail.

17.3 Communication Costs
The Passenger should limit any communication costs including by using internet calling, WhatsApp and email.

17.4 Report unresolved complaint after return
All complaints that the Traveler believes have not been fully resolved or compensated for during the Trip must be submitted to the Organizer in Writing with reasons within two months after the Trip.

17.5 Consequences of not or not timely reporting the deficiency or complaint
Not or not timely complaining in accordance with the second paragraph [Reporting on site] of this article may affect the amount of any compensation, unless the Organizer's interests have not been harmed by the not timely complaining. Complaints not timely received after return will not be considered unless it is not reasonable in the circumstances of the case.

Article 18 - Other provisions

18.1 Third party rights
Subordinates, auxiliary persons and other third parties involved in the execution of the Agreement may invoke the provisions of the Agreement and these Terms and Conditions (including the liability exclusions) towards the Passenger.

18.2 Substitute provisions
If mandatory law precludes the validity of a provision in these Terms and Conditions or if a provision is nullified, that provision shall be deemed to have been converted into a valid provision that comes as close as possible to the original intention in terms of content and scope.

18.3 Applicable law
The offer, the Agreement and the performance of the Agreement shall be governed exclusively by Dutch law, unless it conflicts with mandatory law.

If the consumer resides outside the Netherlands at the time of booking, the following applies: Notwithstanding the choice of law, the consumer is entitled to the protection afforded to him by the mandatory law of the country of his place of residence if (cumulatively):
- The Organizer directed the commercial activities for the agreed Trip to the country of the consumer's place of residence, and;
- The agreed travel services are partly or wholly performed in that country.

18.4 Competent court
The court within whose jurisdiction the place of business of the Organizer is located will have exclusive jurisdiction to take cognizance of disputes regarding the Agreement and anything related to it, unless this is contrary to mandatory law. The Organizer is additionally permitted to sue the Traveler in her place of residence.