General terms and conditions

General conditions

GENERAL TERMS AND CONDITIONS Outdoor Center Värmland 2024

Article 1 Definitions

In these terms and conditions the following definitions shall apply:

a. Activities: all programmes and events which are organised or offered by Outdoor Center Värmland, including sports recreational activities, additional services, the provision of facilities or materials by Outdoor Center Värmland for the benefit of the client and/or participants.

b. Client: every natural or legal person who for himself or for the benefit of third person(s) enters into an agreement with Outdoor Center Värmland or otherwise uses the services or activities of Outdoor Center Värmland.

c. Participant: any natural person who actually participates or would participate in or use or would use an activity or event of Outdoor Center Värmland.

d. Representative of Outdoor Center Värmland: the person who acts on behalf of Outdoor Center Värmland at an activity or event, including instructors and/or leaders.

e. Other Party: both Client and Participant.

f. Package: service or activity or combination of services or activities or the provision of facilities organised or offered by Outdoor Center Värmland in a business or professional capacity. These services, activities or facilities may consist of the rental or sale of equipment, the provision of transport or activities, the provision of (overnight) accommodation(s), the sale of food and refreshments, the provision of instructions and the supervision of (parts of) a programme of activities. Guided arrangements or activities means arrangements or activities guided by Outdoor Center Värmland's representative.

g. Amount of the agreement: the sum of the price of a package, activity or service which is or would be provided by Outdoor Center Värmland

Article 2 Applicability of conditions

1. These terms and conditions apply to all offers and agreements between Outdoor Center Värmland and a Counterparty to which Outdoor Center Värmland has declared these terms and conditions applicable, unless by written agreement it has expressly agreed otherwise.

2. These conditions are also stipulated for the benefit of third parties engaged by Outdoor Center Värmland for the execution of the agreement such as suppliers, staff members and assistants.

3. The Other Party accepts the applicability of these general conditions by entering into an agreement with Outdoor Center Värmland, by actually participating in an activity or event, by using materials made available by Outdoor Center Värmland or by paying (part of) an amount due.

4. In case of conflict of these general conditions with general conditions of the client these general conditions will prevail, unless by written agreement it is expressly agreed otherwise.

Article 3 Quotations & Offers

1. Every quotation or offer by Outdoor Center Värmland is only a non-binding invitation to the client to enter into an agreement with Outdoor Center Värmland.

2. Outdoor Center Värmland cannot be held to its quotations or offers if the Client can reasonably understand that the quotation or offer, or any part thereof, contains an obvious mistake or clerical error.

3. A compound quotation will not oblige Outdoor Center Värmland to carry out part of the order at a corresponding part of the quoted price.

4. The prices stated in an offer or quotation are exclusive of VAT unless an amount is stated including VAT as well as other government levies, any costs to be incurred under the agreement, including travel and accommodation, shipping and administration costs, unless otherwise stated.

Article 4 Conclusion of the agreement

1. The agreement will only come into existence when Outdoor Center Värmland and the Client have established the terms of the agreement in writing.

2. Registration and/or confirmation for an activity organised by Outdoor Center Värmland will be in writing. One can register or confirm for an activity either by telephone or via the internet. When confirmation is made by telephone or via the internet these terms and conditions also apply to the agreement.

3. Changes or additions to the agreement can be agreed both orally and digitally, but will only apply when confirmed in writing or digitally by Outdoor Center Värmland or a new contract is signed.

4. The person who enters into an agreement with Outdoor Center Värmland on behalf of or for another person, including Participants, is jointly and severally liable to Outdoor Center Värmland for all obligations under the agreement.

5. The Client and Participants are obliged at first request by or on behalf of Outdoor Center Värmland to show a valid identification document or other documents possibly required for the activity or event, including a valid driving license.

6. The person acting on behalf of the Other Party shall be assumed to be authorised to do so by the Client and all Participants.

Article 5 Knowledge of risk

1. The Client and/or Participant, who has signed the confirmation of the agreement (or has confirmed by telephone or internet) is obliged to inform Outdoor Center Värmland in writing of all possibly relevant medical/psychic/condition restrictions of the Participants for whom the agreement is/will be concluded.

2. Unless prior written notice to the contrary is given, all Participants shall be deemed able in terms of health, fitness and skill to participate in the activities without endangering themselves, others and the environment.

Article 6 Amendment of the agreement

l. Outdoor Center Värmland may amend the agreement due to important circumstances communicated to the Other Party without delay.

2. The arrangement or activity will in principle continue even in bad weather unless something else has been agreed in writing. Outdoor Center Värmland will in case of bad weather endeavour to adjust the programme in such a way that inconvenience to participants is limited.

3. The implementation of the agreed programme depends on local (weather) conditions, water levels, etc. Participants in arrangements or activities not guided by Outdoor Center Värmland are themselves responsible for a programme change if the situation requires it. For arrangements or activities guided by a representative of Outdoor Center Värmland, they are entitled to change or cancel the programme in consultation with the participants if the situation requires it.

4. Outdoor Center Värmland may, up to five days before the start of the activity, increase its price in connection with changes in transport costs including fuel costs, taxes payable or applicable exchange rates.

5. The Client may request to amend the agreement, including reducing the number of participants, up to 8 days before the start. If the amount of the amended agreement is lower than the original agreement, the cancellation policy referred to in Article 10 of these general terms and conditions shall apply to the difference.

6. If the customer changes the arrangement date Outdoor Center Värmland reserves the right to charge a change fee of 5% of the arrangement price with a minimum of € 50,00 excluding VAT.

7. If the materials provided by Outdoor Center Värmland are not returned in good condition at the agreed time Outdoor Center Värmland will be entitled to charge the agreed periodic fee until the materials are returned/repaired/replaced.

8. Use of less than the quoted amount of materials/consumables does not entitle to credit. If on the hire date more Participants participate and/or more Materials are used/consumptions are consumed, this will be charged to Principal as additional work.

Article 7 Damages

1. The Principal and the Participants are jointly and severally liable for damage caused by Participants or third parties accompanying Participants to the extent that such damage is not directly recoverable from the perpetrator(s) themselves.

2. If a Participant causes a nuisance, is under the influence of drink or drugs, does not strictly follow instructions given on behalf of Outdoor Center Värmland or damages the relationship between Outdoor Center Värmland and the owner of the location/supplier/third parties, the respective Participant may be excluded from (further) participation.

3. The person who books the activity on behalf of other Participants is jointly and severally liable for fulfilling the obligations of those he registers as Participants.

4. If material made available to a Participant is returned damaged, Participant owes the actual repair costs or the replacement costs plus €50 in administration and handling costs.

Article 8 Participants' behaviour

1. The Participants are obliged prior to, during and after the programme to follow the instructions of the management (of both Outdoor Center Värmland and third parties engaged by Outdoor Center Värmland), when these instructions are desirable for a good and safe progress of the activity.

2. If during the activity a Participant is found to be physically or mentally defective, guilty of misbehaviour or in any other way causes or may cause danger, hindrance or nuisance, the Participant may be excluded from further participation, without being entitled to a discount or refund.

3. Participants must clean up rubbish and treat the locations with respect.

4. Participants are not allowed to go outside the indicated routes, on islands, or on open water.

5. Participants are advised to keep using the life jackets and waterproof barrels provided by Outdoor Center Värmland.

6. Other vessels have priority at all times.

7. Parents are responsible for supervising minor children.

8. On public roads and locations used by Outdoor Center Värmland, Participants must comply with the usual traffic rules.

Article 9 Payment

1. Payment will be made to an account number specified by Outdoor Center Värmland or in any other way specified by Outdoor Center Värmland.

2. Full payment of the invoice amount must be made within 14 days of the invoice date. If the agreement is concluded within

14 days before commencement of the activity or event, full payment of the invoice amount must be made no later than 3 days before commencement of the activity or event, unless otherwise agreed in writing. If the agreement is made on site, the invoice amount must be paid in full at the start of the activity or event.

3. Outdoor Center Värmland is entitled to require a deposit before a date to be specified by Outdoor Center Värmland.

4. If the client fails to pay within the specified period or before the specified date, he will be in default by operation of law without further notice of default being required; the client will owe interest of 1% per month on the amount due from the time of default;

5. Outdoor Center Värmland will in case of default of the client be entitled to dissolve the agreement or to demand full performance.

6. Variable costs such as (extra) consumption, (extra) catering, (extra) transport costs must be paid in cash or will be charged as additional costs.

Article 10 Cancellation

1. The Other Party must arrange its own travel and cancellation insurance.

2. Cancellation by the Other Party must always be made in writing and by registered mail. The first working day after date of postmark/delivery by e-mail will be used to calculate the cancellation period.

3. If an agreement is cancelled, each Client or Participant will owe cancellation costs in addition to any reservation costs owed. If the other party cancels Outdoor Center Värmland will charge the following costs:

a. for cancellation up to 4 weeks (28 days) before the agreed start date of the activity: 35% of the total package price;

b. for cancellation from 4 weeks (28th day inclusive) to 1 week (7 days) before the agreed starting date of the activity: 85% of the total package price;

c. for cancellation within l week (7th day inclusive) before the agreed starting date of the activity: 90% of the total package price.

4. In the event that Participants, without cancelling, are not present at the start of the activity or the event, or leave early, the Client shall owe 100% of the amount of the agreement.

5. Outdoor Center Värmland reserves the right to cancel agreements unilaterally without Outdoor Center Värmland being in any way obliged to anything other than possible refund of invoices already paid.

Article 11 Risk and liability

1. Participation in/attendance at activities or events as well as use of materials/accommodation provided by Outdoor Center Värmland at locations used by Outdoor Center Värmland is entirely at the Other Party's own risk.

2. Except in case of intent or gross negligence by Outdoor Center Värmland itself, Outdoor Center Värmland will not be liable for any kind of damage, including consequential damage, suffered by the client or participant and as a result of the (non-)execution of the agreement, unless and to the extent that exclusion of liability may not be permitted by law.

3. Outdoor Center Värmland may at most be held liable for direct damages. It will never be liable for indirect damages/consequential damages. Outdoor Center Värmland's liability will in any case be limited to the amount actually paid out under Outdoor Center Värmland's liability insurance with a maximum of three times the invoice amount.

4. Outdoor Center Värmland will not be liable for damages for which there is a claim for compensation under an accident or other insurance policy of the Customer or Participants.

5. Outdoor Center Värmland will not accept liability for damage and/or injury incurred during an activity where one or more participants have consumed alcohol, drugs or other narcotics prior to/during an activity. Permission from Outdoor Center Värmland to consume alcohol, drugs or other narcotics prior to and/or during an activity in no way means that Outdoor Center Värmland accepts any liability for this.

6. Outdoor Center Värmland accepts no liability for damage/injury caused or aggravated by not following rules and instructions and doing and acting contrary to what is socially accepted.

Article 12 Complaints

1. Complaints in connection with activities organised by Outdoor Center Värmland must under penalty of lapse be made in writing by registered mail to Outdoor Center Värmland within 5 working days after the end of the activities or programme.

2. Filing complaints does not suspend the payment obligation of invoices.

Article 13 Pictures

1. Outdoor Center Värmland is entitled to take photographs and video images of Participants (or have them taken) and to use these (or have them used) for promotional purposes, unless a Participant has objected in writing no later than five working days after the end of an Activity.

Article 14 Applicable law & disputes

1. Any agreement between Outdoor Center Värmland and the other party shall be governed by Dutch/Swedish law.

2. The Dutch/Swedish courts shall have exclusive jurisdiction to hear disputes between the parties.