Terms and Conditions
Article 1 Definitions
- The following definitions shall apply in these Terms and Conditions:
- Archery Tag World: is mentioned as the User in this document. The User of the Terms and Conditions.
- Client: the User’s counterparty.
- Participant: a relation of the Client who participates in a Service.
- Service: this refers to the Activities flyboarding, hoverboarding and group Activities, as mentioned on our website. Other Activities that are supplied by Archery Tag World are also covered by these Terms and Conditions. In case the word ‘Activity’ is used in these Terms and Conditions, this also refers to the Service.
- Package: a by the User organized or offered Service, Activity or combination of Services or Activities, as well as the provision of facilities. These Services, Activities or facilities, can be composed of rental or sale of equipment, the provision of Activities, providing instruction and to accompany (parts of) a programme of Activities. Supervised Packages or Activities are defines as: Packages or Activities that are accompanied by a representative of the User.
- Activity: a single Activity that is offered by the User. These are usually sports recreational activities.
- Agreement: the agreement by which the User is required to deliver a Service towards a Client or Participant.
- Commencement: in multi-day Packages where transportation to the destination is included: the departure time of the transportation as communicated by the User to the Participant. In multi-day Packages in which the accommodation is included, but the Participant himself provides transportation to the destination, the first of the following moments: the day indicated as such on the day of arrival at the (first) accommodation or the time when the accommodation is to be made available in accordance with the Agreement. In all other Packages, Activities or Services: the date indicated as such on the (first) day of the programme.
- End: the date indicated as such on the (final) day of the programme or sooner to stop the Activities.
- Amount of the Agreement: the sum of the Services that are provided by the User, the premiums and policy fees for any insurance coverage and the contribution to a guarantee fund, provided the User is a member of such.
- Instructor(s): the personnel present in the Activity. They will provide instructions before and during the Activity.
Article 2 Applicability of these Terms and Conditions
2.1 These Terms and Conditions are applicable to any offer and any Agreement between the User and Client to which the User has declared these Terms and Conditions applicable, to the extent that both parties have not differed these Terms and Conditions expressly and in writing.
2.2 These Terms and Conditions are also applicable to any Agreements with the User, for which third parties have to be involved.
2.3 the Client accepts the applicability of these Terms and Conditions by entering into an Agreement with the User or by actually participating in a Service provided by the User or by paying the fee due.
Article 3 Offers
3.1 All our offers are non-committal, unless a deadline for acceptance is stated in the offer.
3.2 The offers made by the User are valid for a period of 30 days, unless indicated otherwise. The User is only bound to offers should the acceptance of these is confirmed in writing by the counterparty within the period of 30 days.
3.3 The prices in said offers are excluding VAT, unless indicated otherwise.
Article 4 Formation and contents of Agreement
4.1 The contents of the Agreement are partly determined by the information in the publications applying to that season of the User. In these, the User will state which Activities are included, the minimum number of Participants required to go through with the Activity and the amount or the percentage that has to be paid up front. Apparent errors and mistakes in a publication of the User are non-committal. The User cannot be held to informative material that is published under the responsibility of third parties.
4.2 The Client is obligated to report all the personal circumstances of himself and/or of the person on whose behalf he enters into the Agreement insofar as they affect the proper conduct of the Package before or no later than the conclusion of the Agreement. This obligation is applicable in particular to all relevant medical and conditional particularities.
4.3 He who enters into an Agreement with the User on behalf of another is severally liable to the User for all obligations resulting from the Agreement. The Client is obligated to commit Participants to these Terms and Conditions. Should the Client fall short in this obligation then he indemnifies the User for all the damages resulting from Participants’ the failure to accept the Terms and Conditions.
4.4 The Client and Participant are obligated to show a valid ID at the first request of the User.
Article 5 Execution of Agreement
5.1 The User shall execute the Agreement to best insight and in accordance with the requirements of good craftsmanship.
5.2 If and insofar as required by the proper execution of the Agreement, the User shall be entitled have certain work done by others.
5.3 The Client ensures that all data of which the User indicates that these are necessary or for which the Client can reasonably understand that these are necessary for the execution of the Agreement be provided in due time. Should the data necessary for execution of the Agreement not be provided to the User in due time, the User has the right to suspend the execution of the Agreement and/or to charge the additional costs ensuing from the delay to the Client according to the usual rates.
5.4 The User is not responsible for damages of any kind, because the User has assumed by the Client provided incorrect or incomplete data, unless the User should have known this incorrectness or incompleteness.
Article 6 Amendments by the Client
6.1 If desired, the Agreement can be amended before the execution date; however, for a period of 72 hours before the start of the Agreement. Parties shall then consult with each other in time to amend the Agreement accordingly.
6.2 Should the parties agree that the Agreement is to be amended or supplemented, the date of execution thereof can be affected. The User shall notify the Client of this as soon as possible.
6.3 Should the amendment or replenishment of the Agreement have any financial and/or qualitative consequences, the User will inform the Client of this beforehand.
6.4 Should a fixed fee be agreed upon the User will indicate to what extent the amendment or replenishment of the Agreement will result in an overshoot of this fee.
6.5 Notwithstanding article 6.3 the User will not be able to charge additional costs if the amendment or replenishment is the result of circumstances that can be attributed to the User or the weather.
6.6 The Activities will be held when the weather forecasts are good enough for an Activity to be run responsibly. This is based on the weather forecast given 24 hours before the Activity.
6.7 Should the weather forecasts be bad the Activity will be cancelled and moved to a later to be determined date. The User’s instructors will make this decision.
6.8 The User’s instructors will monitor whether the weather conditions are adequate to responsibly run the Activity. Should this not be the case, the Activity can be stopped at all times. When the Client has used the Service for more than 10 minutes on the moment of cancellation, the User is not obligated to execute the Activity again on a later to be determined date.
Article 7 Cancellations by the Client
7.1 The Client is recommended to take out cancellation insurance, an accident insurance and/or a travel insurance.
7.2 The Client can only cancel the Agreement by means of e-mail to the User. The date on which the User receives the e-mail will apply as cancelation date.
7.3 In case of cancellation by the Client, he is due at least the following to the User:
- Up to 14 days before commencement: 0% of the Service price;
- Till 7 days before commencement; 50% of the Service price;
- Within 7 days before commencement: 100% of the Service price.
This also applies in case the Client is not present at the commencement of the Service without cancellation.
7.4 In case of cancellation, the Client is also due the following:
- The policy fees and premiums for the cancellation insurance, insofar as he has entered into them with the User;
- The contribution to a guarantee fund, in case the User has joined such a fund.
The User will refund the costs of the travel insurance, should the Client or Participant have entered into this one via the User in case of cancellation before commencement of the Service.
Article 8 Amendments by the User
8.1 On grounds of major circumstances of which the Client immediately has to be informed, the User is entitled to amend the offered Package and/or Activities. If possible, the User will offer an alternative to the Client that leaves the specific nature of the Package or Activity intact as much as possible and that fits within the Client’s budget that is agreed upon.
8.2 The Client can decline the amendment referred to in article 8.1 when the alternative has a fundamentally different nature than the originally agreed upon or when the amendment gives the Client a disadvantage of more than limited magnitude in any other way. Should the Client decline the amendment then he has to inform the User as soon as possible. In this case the Client is entitled to a full refund of monies paid, or the portion of the amount that relates to the components of the Package that are not executed.
8.3 The Package or Activity will in principle also go on in bad weather, unless differently agreed upon in writing in advance. In bad weather the User will make efforts to amend the programme as such that the inconvenience to the Participants is limited. Indoor Activities will go on in any case. The User can cancel Outdoor Activities can be cancelled by the User up to commencement of the Service if he thinks the continuation of the Activity does not make sense or if the Service cannot be executed because of safety reasons. The User shall in that case offer the Client an alternative Service, without them being able to claim compensation for more or less work.
8.4 The execution of the agreed upon is dependant on the local (weather) conditions. Participants in Packages or Activities that are not guided by the User are responsible for a program amendment should the situation require this.
Article 9 Cancellations by the User
9.1 The User is entitled to cancel the Agreement up to 14 days before commencement should the number of applications be smaller than the previously published minimum numbers of Participants.
9.2 The User is at all times entitled to cancel the Agreement in case of compelling circumstances that cannot be rectified or avoided such as a (civil) war, an act of terror, political turmoil, natural disasters, food shortage, general strikes etcetera. The User is obligated to inform the Client about the cancellation promptly and with reasons.
9.3 Upon cancellation by the User by reason of the circumstances as mentioned in article 9.2 before commencement of the Package or Activity, the Client is entitled to a full refund of the monies already paid. The User will make efforts to offer the Client a Package or Activity of similar quality, if possible in the same period.
9.4 The claims of the User on the Client are immediately due and payable in the following situations:
- When the User becomes aware of circumstances, which give the User good grounds to fear that the Client cannot meet his obligations after conclusion of the Agreement.
- In case the User has requested the Client to provide security for the fulfilment when concluding the Agreement and this security fails or is insufficient.
9.5 Serious shortcomings in the execution of the Agreement by the Client or the Participant(s), such as the improper use of materials provided, entitle the User to immediate suspension of his obligations, in particular taking back the materials provided and/or cessation of the Activities. In this case the User can cancel the Agreement by means of a verbal statement to the Client or Participant, provided that this is followed by a written statement to the Client or Participant. The User is entitled to a full reimbursement of all costs and damages by the Client and/or the Participant.
Article 10 Obligations of the User
10.1 The User is obligated to execute the Agreement in accordance with the expectations that the Client may reasonably have due to the Agreement or publications by the User. The User is, depending on the circumstances, obligated to aid and assist the Participant should the Package or Activity not run according to the expectations that he may reasonably have. Should the cause be attributed to the Client, the User is obligated to aid and assist insofar as this can reasonably be expected of him. The costs of the aid and assistance will be for account of the Client in this case.
10.2 The accuracy of the execution of the Agreement must be judged also on the use and limitations of the land and the location where the Activity takes place, according to the sportive or adventurous nature of the Activity and on the basis of the amount on the Agreement.
10.3 The User is obligated to have appropriate liability insurance, taking into account the risks associated with the Packages offered.
Article 11 Obligations of the Client and Participant
11.1 The Client is obligated to report all the personal circumstances of himself and/or of the Participants insofar as they affect the proper conduct of the Package when concluding the Agreement. This obligation is applicable in particular to all relevant medical and conditional particularities. Any Participant in Activities in or on water, other than round trips, masters the skill for swimming (at least swimming certificate A).
11.2 When commission by the Participant or Client, the User can provide an adequate travel-, accident- or liability insurance. In this case, the User will solely act as the intermediate and will explicitly not guarantee that damage is covered under this insurance and will be reimbursed.
11.3 The Participant is obligated to comply with all instructions by the User to promote a proper execution of the Agreement.
11.4 The Participant is obligated to use the provided materials in a way, which by virtue of its nature and the agreement was intended. The Participant must report and record any defects when upon receiving the materials. The Participant may not amend the materials or hand them over to third parties without the consent of the User. The Participant will notify the User about any damages or loss of materials as soon as possible, but at the latest at the end of the Agreement. The User’s consent is required in advance for a repair order. The Participant will hand over the provided materials in the same condition in which the Participant has received them and as clean as possible to a representative of the User on a predetermined location. If necessary, the User is entitled to charge the Client and/or Participant additional costs for cleaning, searches, transport and storage of materials or statements of loss, etcetera.
11.5 The Participant who causes such a nuisance or inconvenience that the execution of the Service is greatly made more difficult, who compromises his own safety or the safety of others or who handles the nature and environment in an irresponsible manner, can be excluded from (further) participation in the Package or Activity. All resulting additional costs will be charged to the excluded participant and/or the Client.
11.6 Should the Participant incur additional costs because he deviated from the recommended route or the recommended time- or travel schedule, these costs will be charged to the Participant.
11.7 The User reserves the right the use photographic or any other recordings made during the Package or Activity for promotional activities. Objection against must be submitted in writing within 14 days after recording.
11.8 If the Participant has not yet reached the age of 17 and he is not accompanied by at least one adult, the Client and/or Participant should enable the User in possession of a statement of no objection, which is signed by his legal guardian or the application form should be co-signed by this legal guardian.
11.9 The Participant is and remains responsible for assessing if he/she is in proper physical condition to practice the activities in question.
Article 12 Liability of the User
12.1 Participation in the Packages and/or Activities is for the account and risks of the Client and/or the Participant. The User is liable for any direct damages, including the consequences valued in money, if, according to law or treaty, the User is accountable for failing in the execution of the Agreement towards the Client and/or Participant.
12.2 The User is not liable for any damages which is the result of:
- Circumstances that are attributable to the Participant, such as not having the necessary travel document, having an inadequate health or condition, having inadequate personal equipment, misconduct or in-action, overestimating their own abilities or neglecting instructions.
- The, knowingly or unknowingly, classifying a Participant in the wrong category referred to in article 4.2 and/or if the Participant does not comply with the safety regulations and/or if his or her condition, referred to in article 4, was not sufficient to practice the Activity in question.
- Actions and influences of third parties not directly involved in the execution of the Agreement.
- Circumstances not due to the fault of the User and which under Dutch law or socially accepted norms cannot be reasonably attributed to the User.
12.3 Should the User attributable come short in fulfilling the Agreement on a Package that falls within the law on the travel agreement, the User is liable for a reimbursement of the damage that is a direct consequence from the lagging performance up to a maximum of 3 times the travel price, unless the Dutch law provided otherwise.
12.4 The closures and/or limitations of liability mentioned in this article also apply for the benefit of employees and other representatives of the User, the booking agency and concerned service providers, as well as their staff, unless this is ruled out by the Dutch law.
12.5 In case an unexpected event occurs in the execution of the Agreement which leads to liability of the User, this liability will be limited to the amount(s) to which the insurance cover as closed by the User is entitled, plus the own risk which the User wears under his liability insurance.
12.6 If there is no coverage for the liability insurance, liability is limited to a maximum of two times the invoice value, with a maximum of 10,000 euros per event.
Article 13 Liability of the Client and the Participant
The Client and/or Participant is liable towards the User for the damages or any other disadvantages caused by his own doings or third parties allowed by him.
Article 14 Payment
14.1 Payment must be made no later than 14 days before commencement of the Package or Activity, unless documented otherwise in the Agreement.
14.2 If the Agreement comes into being more than 14 days before commencement and the amount of the Agreement exceeds €1000 the Client is entitled to pay in two terms. The first term (down payment) amounts to at least 10% of the amount on the Agreement and has to be paid no later than 8 days after the Agreement is made. The second term amounts to the rest of the amount on the Agreement and has to be paid no later than 14 days before commencement.
14.3 If the Agreement comes into being within 14 days before commencement the Client is obligated to pay the amount on the Agreement at once within 8 days after the Agreement is made, unless expressly agreed otherwise in writing. In case the Agreement comes into being within 72 hours before commencement the Client must pay the amount immediately via online banking, so that payment has visibly been done on the day of departure, or pay on the location of department.
14.4 In case of liquidation, bankruptcy or suspension of payment by the Client, the claims of the User and obligations of the Client towards the User will immediately be due and payable.
14.5 The Client who does not pay on time owes the User an interest of 1% per month on the amount on the Agreement plus costs from the date of neglect, in which a part of a month is counted as one month. Furthermore, the Client is obligated to pay all reasonable costs of collecting the claim, both judicial and extrajudicial, with a minimum of 15% of the amount claimed.
Article 15 Price
15.1 The User who offers standard Activities or Packages to private persons or groups will publish an overview of the offered Packages and Activities and the amount on the Agreement each year before the season commences. On request of the Client the User will make an offer for an Agreement agreed upon in consultation. The User is free to offer temporary Packages or Activities at a special rate.
15.2 The price in publications basically applies per person, unless explicitly stated otherwise. This price only includes the Services and facilities that are described in the publication.
15.3 The User is entitled increase or decrease the price with a maximum of 100% up to 20 days before commencement related to changes in transport costs including fuel costs, the taxes owed or the applicable exchange rates. The user is obligated to inform the Client about this price change as soon as possible with reasons.
15.4 Should the User decide to increase the price, the Client is entitled to reject the price change. The Client must notify the User of his decision as soon as possible.
15.5 Should the Client decline the price change, the User is entitled to cancel the Agreement. In that case the Client is entitled to a refund or remission of the travel price or, if the trip has already been partly used, a proportional part thereof.
15.6 Should the Agreement comes into being on behalf of a group, the User will charge the costs for the predefined number of Participants and/or materials, unless otherwise agreed upon. Article 7.3 shall apply mutatis mutandis.
15.7 The User is entitled to request a security deposit from the Client under the Agreement the User owed at the commencement of the Package or Activity.
Article 16 Information and travel documents
16.1 Before the start of a multi-day event the User will provide the Participant with a telephone number for emergencies and, if applicable, further information about transportation and documents required in the country of destination or transit countries.
16.2 Unless otherwise agreed upon and as far as applicable the User will provide the Participant with the required tickets, vouchers, etc. no later than 10 days before commencement.
16.3 In case of a Package abroad the Participant must be in possession of all documents that are required in the country of destination or transit countries, such as a valid passport, any visas, proof of inoculations, etc. The Participant is responsible for checking the relevant information provided by the User.
16.4 The User is not liable in case the Participant cannot take part in (parts of) the Package for lack of the required document. All the consequences of this are for account of the Participant.
Article 17 Complaints
17.1 Should the Participant ascertain a shortcoming in the execution of the Agreement, he must report this as soon as possible to the service provider in question, so that he may find an appropriate solution. Should the shortcoming not be solved within a reasonably timeframe and compromise the quality of the Package or Activity, this must be reported to the service provider on site. The User will reimburse the communication expenses, unless it is found, that these reasonably could not have to be made.
17.2 If the complaint is not resolved in a satisfactory manner, this appearance may be submitted to the User written and reasoned within 14 days after conclusion of the Package or Activity. In case the Package or Activity does not go through a term of one month after the original commencement date applies.
17.3 Every agreement on any grounds whatsoever, and any right to dissolve the agreement expires when late reporting occurs and in any case after one year after the conclusion of the Package or Activity or if the Package or Activity has not gone through, one year after the scheduled commencement.
Article 18 Applicable law
Dutch law is applicable on any Agreement between the User and the Client.
Any conditions of the Client will be explicitly rejected. Deviations from and supplements to these Terms and Conditions are merely applicable in case the User explicitly accepts these in writing.
Article 19 Dispute resolutions
The judge in the User’s place of residence shall have exclusive jurisdiction to take cognizance of disputes. Nevertheless, the User is entitled to summon the other party before the legally competent judge.