General terms and conditions
GENERAL TERMS AND CONDITIONS PACKRAFT TRIP
ARTICLE 1. | DEFINITIONS
In these general terms and conditions the following terms, always indicated with a capital letter, shall have the following meanings.
1. Packraft Trip: the user of these general conditions, established at Oosterseweg 5, 5154 EL in Elshout, registered in the Commercial Register under KvK number 94042837.
2. Traveller: both the person with whom Packraft Trip has concluded or intends to conclude an Agreement and any other person who is entitled to travel under the Agreement.
3. Parties: Packraft Trip and the Traveller together.
4. Agreement: the agreement between the Parties under which Packraft Trip undertakes towards the Traveller to provide a packraft and hiking trip offered by Packraft Trip or the rental of packrafts, accessories and/or camping equipment.
5. Trip: the packraft and hiking trip offered by Packraft Trip within the framework of an Agreement, concerning a package trip which includes an overnight stay or a period of more than 24 hours, including accommodation.
6. Rented: the items rented by Packraft Trip to the Traveller under the Contract and owned by Packraft Trip, such as packrafts, accessories and/or camping equipment.
7. Written: communication in writing, communication by email or any other means of communication which, in view of the state of the art and generally accepted views, can be equated with this.
ARTICLE 2. | GENERAL PROVISIONS
1. These general conditions apply to every offer by Packraft Trip, every Contract and all legal relationships between the Parties resulting from it.
2. The provisions of these general terms and conditions can only be deviated from explicitly and in Writing. If and insofar as the provisions of these general terms and conditions differ from what the parties have expressly agreed in Writing, what the parties have expressly agreed in Writing will prevail.
3. Annulment or nullity of one or more of the provisions of these general terms and conditions or the Agreement as such shall not affect the validity of the remaining provisions. In such a case the Parties are obliged to enter into mutual consultation in order to reach a replacement arrangement in respect of the affected clause. The purpose and purport of the original provision will be taken into account as far as possible.
ARTICLE 3. | OFFER AND FORMATION OF AGREEMENTS & NO RIGHT OF WITHDRAWAL
1. Every offer by Packraft Trip to enter into a Contract is without obligation, even if it is indicated that the offer is valid for a certain period of time.
2. Obvious mistakes and errors in an offer by Packraft Trip do not bind Packraft Trip. In case of reasonable doubt as to the accuracy of the contents of Packraft Trip's offer, the Traveller will be deemed to inform Packraft Trip thereof.
3. An offer by Packraft Trip can only be accepted by the Traveller in its entirety and without change, unless Packraft Trip indicates otherwise.
4. Without prejudice to the provisions of paragraph 1, any Agreement will be concluded at the time that Packraft Trip's offer is accepted by the Traveller within any validity period stated in the offer, and the Traveller has met all the conditions Packraft Trip has expressly attached to acceptance of the offer.
5. The Traveller who enters into the Agreement (also) on behalf of one or more other Travellers declares by entering into the Agreement to be authorised to do so. That Passenger (referred to in the remainder of this paragraph as: "Packraft Trip's other party") is jointly and severally liable, in addition to these other Travellers, for all obligations resulting from that Agreement. Without prejudice to the joint and several liability of Packraft Trip's counterparty, the other Travellers shall be liable for their own share of the Agreement. Packraft Trip's counterparty is liable to the latter at all times for meeting the payment obligations associated with the Agreement. Furthermore, communication with Packraft Trip will be effected exclusively through Packraft Trip's counterparty, unless otherwise stipulated in these general terms and conditions.
6. Every Agreement is binding after its conclusion; the Traveller is not entitled to revoke the Agreement, without prejudice to the cancellation conditions in respect of Trips as referred to in Article 8.
ARTICLE 4. | TRAVEL INFORMATION
At the e-mail address provided at the time of booking, the Traveller will receive information about the supplies during the Trip and other relevant travel information. The information contained in the travel information document is an integral part of the Agreement. The Traveller guarantees to take note and to allow any fellow travellers to take note of the said travel information. Non-compliance by a Passenger with the obligations stated in the travel information document will be considered a breach of the Agreement, in which case Packraft Trip reserves the rights referred to in Article 21.
ARTICLE 5. | INFORMATION OBLIGATIONS OF THE TRAVELLER
1. The Traveller guarantees to provide Packraft Trip with all information required for the conclusion and performance of the Agreement in a timely manner. The Traveller warrants that all information he provides to Packraft Trip is correct and complete. Names of Travellers provided to Packraft Trip must exactly match the names on their passports. The Traveller is also obliged to provide Packraft Trip, before or no later than the conclusion of the Agreement, with all other information concerning the Travellers he has registered which may be relevant for the conclusion and performance of the Agreement.
2. A copy of the Travellers' passports must be provided to Packraft Trip upon first request. The Traveller guarantees that the passports are valid for at least six months after the commencement of the trip.
ARTICLE 6. | FURTHER OBLIGATIONS OF THE TRAVELLER
1. It is the responsibility of the Traveller to arrange for any travel and/or cancellation insurance at his own expense and risk.
2. The Traveller is responsible for carrying the necessary documents during the Trip, such as a valid passport, visa and vaccination certificates, as well as for complying with the regulations applicable to the Traveller in the country of destination. In case the Trip has to be aborted due to a circumstance attributable to the Traveller, Packraft Trip is not liable for the resulting damages.
3. The Traveller is obliged to comply with all instructions of Packraft Trip and of third parties involved in the Agreement, such as carriers, travel guides and hoteliers. The Traveller is liable for (his own) damage caused by his unauthorised behaviour, to be judged by the standard of behaviour of a proper Traveller.
4. A Traveller who causes or can cause such a nuisance or inconvenience, that the proper fulfilment of the Agreement is or can be made more difficult as a result, can be excluded from (continuing) participation in the Trip, if Packraft Trip or third parties involved in the Agreement cannot reasonably be required to fulfil the Agreement.
5. All damages resulting from a situation as referred to in the previous paragraphs will be borne by the Traveller if and insofar as the consequences of nuisance or inconvenience can be attributed to him.
6. The Passenger must avoid or limit any damage as much as possible, in particular by fulfilling the information obligations referred to in Article 5 properly and in good time.
ARTICLE 7. | PACKRAFTING AND OTHER ACTIVITIES
1. Packraft Trip assumes that the Travellers are in good health and well able to carry out the organised activities and follow Packraft Trip's instructions.
2. If the Traveller brings a dog, it must wear dog shoes in the packraft. The Traveller is responsible for bringing these dog shoes himself.
3. In case of doubt about being able to participate responsibly in the activities, it is the Traveller's responsibility to consult his doctor and check if he is healthy enough to undertake such adventure activities.
4. Participation in activities organised by Packraft Trip involves inherent risks such as, but not limited to, heat, humidity and cold, wind, rain, snow and ice, walking and boating on rough terrain and/or water, climbing, including risks of falling rocks and rock slides, high altitudes, equipment failure, presence of insects, snakes, spiders and other animals, diseases and illnesses, getting lost, inaccessibility to medical care and difficulties in evacuating remote locations in case of a medical emergency. The Traveller agrees to accept all inherent risks and indemnifies Packraft Trip against all claims of any kind relating to said inherent risks, including claims arising from illness, injury, death and/or loss of property. The Traveller hereby already agrees to indemnify and hold Packraft Trip harmless if a third party makes a claim of any kind against Packraft Trip arising from one or more of the said inherent risks.
ARTICLE 8. | CANCELLATION BY THE TRAVELLER OF A TRIP
1. If the Traveller has taken out the cancellation insurance offered by Packraft Trip, the terms expressly stipulated therewith in Writing shall prevail over the provisions of this article.
2. Without prejudice to the provisions of paragraphs 3 and 5, the Traveller who cancels a Trip shall owe the following cancellation fees. In case of cancellation:
- up to the 42nd day (exclusive) before the day of arrival: 25% of the Trip price;
- from the 42nd day (inclusive) to the 28th day (exclusive) before the day of arrival: 35% of the travel sum;
- from the 28th day (inclusive) to the 21st day (exclusive) before the day of arrival: 40% of the travel sum
- from the 21st day (inclusive) to the 14th day (exclusive) before the day of arrival: 50% of the travel sum- from the 14th day (inclusive) to the 5th day (exclusive) before the day of arrival: 75% of the travel sum
- from the 5th day (inclusive) to the day of arrival (exclusive):90% of the holiday price;
- on the day of arrival or later: the full travel sum.
3. In case Packraft Trip makes it plausible that it suffers damage due to cancellation of the Trip by the Traveller which exceeds the applicable cancellation costs as referred to in paragraph 2, the full damage suffered by Packraft Trip will be for the account of the Traveller. This may occur if Packraft Trip has already incurred costs in connection with the reservation of accommodation and/or transfers, or the reservation of activities. The compensation referred to here will not exceed the full agreed price.
4. Cancellation after office hours is deemed to be done on the next business day.
5. If unavoidable and extraordinary circumstances occur at the place of destination or in its immediate vicinity which have significant consequences for the execution of the Trip or for passenger transport to the destination, the Traveller has the right to terminate the Trip before the start of the Trip without payment of cancellation costs.
6. If a Traveller from the travel party cancels his share of the Trip, he shall be liable for cancellation fees. If at the time the Agreement was concluded, based on the size of the remaining travelling party, a different price would apply, the price for the remaining Travellers shall be changed accordingly. The normal payment conditions of Article 14 shall apply to the amended Agreement. If a modification of the Trip as referred to above is impossible, the Agreement shall be cancelled for all Travellers and they shall all be liable for cancellation fees.
ARTICLE 9. | CANCELLATION BY PACKRAFT TRIP OF A TRIP
1. Packraft Trip may cancel a Trip and fully refund to the Traveller all amounts paid for the Trip without owing any compensation if:
(a) the number of persons registered for the Trip is less than the minimum number specified in the Agreement and the Traveller is notified by Packraft Trip of the Trip cancellation within the period specified in the Agreement, but no later than:
- twenty days before the start of the Trip for trips of more than six days;
- seven days before the start of the Trip for trips of two to six days;- forty-eight hours before the start of the Trip for trips of less than two days; or
(b) Packraft Trip cannot perform the Trip due to unavoidable and extraordinary circumstances and it notifies the Traveller immediately and before the start of the Trip that the Trip is cancelled.
2. Refunds under paragraph 1 shall be made immediately to the Traveller and in any case at the latest within fourteen days after cancellation of the Agreement.
3. As weighty and unavoidable and extraordinary circumstances referred to in paragraph 1 are considered any circumstance which Packraft Trip or the relevant travel service provider could not foresee and avoid, such as, but not limited to, war, threat of war, civil war, riots, civil disorder/unrest, labour disputes, actual or threat of terrorist activities natural or nuclear disasters, fire, the outbreak of an epidemic or pandemic diseases, technical problems with transport, cancellation or change of a scheduled flight, closure or congestion of (air) ports, adverse weather conditions and all similar events beyond the control of Packraft Trip or the relevant provider of the Travel Services.
4. The provisions of the previous paragraphs of this Article are without prejudice to the provisions of Article 21.
ARTICLE 10. | PRICE CHANGE
1. Prices may only be increased after the Agreement has been concluded if and insofar as this has been expressly agreed. In addition, for a Trip, a price increase must explicitly indicate how the price revisions are to be calculated and the Passenger is entitled to a price reduction pursuant to paragraph 5.
2. Price increases in the context of a Trip shall only be allowed as a direct consequence of changes in the amount of taxes or fees on the travel services included in the Agreement, levied by third parties not directly involved in the execution of the Trip, including tourist taxes.
3. If the price increase exceeds 8% of the price of the Trip, articles 11.2 to 11.5 shall apply.
4. Regardless of its extent, a price increase in the context of a Trip is only possible if Packraft Trip notifies the Traveller thereof at least twenty days before the start of the Trip by e-mail or post and in a clear and understandable manner, stating the reasons for such price increase and a calculation thereof.
5. If the Agreement concerning a Trip provides for the possibility of price increases, the Traveller shall be entitled to a price reduction corresponding to any decrease in the costs referred to in paragraph 2 that occurs after the conclusion of the Agreement and before the start of the Trip.
6. In case of a price reduction, Packraft Trip is entitled to deduct the actual administrative costs incurred from the refund due to the Traveller. Packraft Trip will prove these administrative costs upon request of the Traveller.
ARTICLE 11. | MODIFICATION OF A TRIP BY PACKRAFT TRIP
1. Packraft Trip may unilaterally modify the terms of an Agreement concerning a Trip, with the exception of price changes referred to in Article 10, before the start of the Trip only if:(a) the change is insignificant; and(b) Packraft Trip notifies the Traveller thereof in a clear, comprehensible and eye-catching manner via a durable data carrier.
2. If Packraft Trip finds itself obliged to substantially change one of the main features of the Trip before the beginning of the Trip or cannot meet the special wishes of the Traveller to which Packraft Trip has agreed, or proposes to increase the price of the Trip by more than 8% in accordance with Article 10.3, the Traveller may, within a reasonable period determined by Packraft Trip:
a) accept the proposed change; or
b) terminate the Agreement without payment of the cancellation fees referred to in Article 8.
3. Packraft Trip shall immediately inform the Traveller in a clear, comprehensible and eye-catching manner via a durable data carrier of:
a) the changes proposed in paragraph 2 and, where applicable in accordance with paragraph 4, their effect on the price of the Trip;
b) a reasonable period within which the Traveller must notify Packraft Trip of its decision under paragraph 2;
c) the consequences of the Traveller's failure to respond within the period referred to in subparagraph (b);
d) where appropriate, the replacement Trip offered and its price.
4. Where the changes to the Trip referred to in paragraph 2 or the replacement Trip referred to in paragraph 3(d) have the effect of reducing the quality or cost of the Trip, the Passenger shall be entitled to an appropriate price reduction.
5. If the Trip is terminated under paragraph 2(b) and the Traveller does not accept a replacement Trip, Packraft Trip shall refund to the Traveller all amounts paid by or on behalf of the Traveller immediately and in any case no later than fourteen days after the Agreement is terminated. Articles 17.2 to 17.9, shall apply accordingly.
6. Insignificant changes within the meaning of paragraph 1 include, but are not limited to, changes in providers of activities, changes in accommodation where the new accommodation is of similar quality, location and price and changes that do not otherwise significantly affect the Trip. Packraft Trip does not offer compensation or refunds as a result of insignificant changes.
ARTICLE 12. | MODIFICATION OF THE AGREEMENT BY THE TRAVELLER
Changing the Agreement at the request of the Traveller is only possible if Packraft Trip expressly agrees. If the amendment results in a higher price of the Trip or involves other costs, this increase or these other costs will be borne by the Traveller.
ARTICLE 13. | RENTAL OF GOODS
1. An Agreement on the letting of goods shall be entered into for the expressly and In Writing agreed fixed term and shall terminate by operation of law on expiry of such term.
2. Premature termination of a letting agreement by the Passenger is not possible, or the Passenger shall owe the full agreed rental price. Premature return is possible, however, without any remission or restitution.
3. The Passenger declares to have received the rented object in the same condition in which it was delivered. Subject to normal wear and tear, the Passenger shall keep the Hire in the same condition during the period in which the Hire is available to him.
4. The Passenger shall only use the Hire Vehicle in accordance with its designated use. Use of the Hire Party is entirely the responsibility and risk of the Passenger.
5. The Passenger shall take good care of the rented object. The Passenger must at all times allow Packraft Trip or a person authorised by it free access to the place where the rented object is located in order to inspect its condition.
6. If Packraft Trip provides the Passenger with instructions on the use of the rented property, the Passenger must strictly observe these instructions.
7. The Passenger is not allowed to sublet the rented object or to make it available to third parties in any other way.
8. Full or partial surrender or transfer of use of the rented object free of charge or for valuable consideration or otherwise shall not be permitted. Without prejudice to the provisions of the previous sentence, the Passenger will in any case bear the responsibility and risk for the conduct of the person(s) to whom the Passenger may have transferred or left the actual control of the rented property for a shorter or longer period.
9. If during the term of the Contract a defect occurs in or on the Rented Property, Passenger must immediately report this to Packraft Trip. The Passenger is not allowed to remedy defects and/or make repairs to the Rented Property himself. If defects in or to the Rented Property are not reported immediately or at all to Packraft Trip, the Passenger will be fully liable for any damage resulting from this, without prejudice to the provisions in the rest of these general conditions.
10. In case of theft or loss of or damage to the rented property, the Traveller is obliged to immediately report this to Packraft Trip.
11. The Passenger indemnifies Packraft Trip against all claims by third parties, of whatever nature, in connection with the use of the rented property.
12. In the event of loss, loss, alienation, theft or misappropriation of the rented equipment, the Traveller will be obliged to compensate Packraft Trip for the damage it suffers as a result, on the understanding that any damage to a rented packraft or accessories caused during normal use thereof while the user of the rented equipment cannot be blamed in this respect will be for the account and risk of Packraft Trip. Return and damage
13. Return of the rented object must take place no later than the day the Agreement ends. In case of late return, the Passenger will owe a penalty of 200% of Packraft Trip's rental rate per 24 hours for the rented object until the day of return, without prejudice to Packraft Trip's right to claim full compensation for damages, including the costs of retrieving the rented object or having it retrieved.
14. Until the Rented Property is actually put at the disposal of Packraft Trip again at the end of the Agreement, all risk of loss and damage of the Rented Property will be borne by the Passenger, even if, with or without the consent of Packraft Trip, all or part of the Rented Property is under the control of a third party. If, except for normal wear and tear and subject to paragraph 12, the rented property is returned to Packraft Trip in a condition less than that in which it was made available to the Passenger at the start of the rental, the Passenger will be liable for all repair costs incurred by Packraft Trip, without prejudice to Packraft Trip's right to claim loss of rent and compensation for any other damage.
15. If upon return of the Rented Property it is not immediately checked for damage by or on behalf of Packraft Trip, Packraft Trip will do so within 72 hours after the return. Damage in connection with any defects found in the rented object for which the Passenger is liable under these general terms and conditions will be borne by the Passenger.
ARTICLE 14. | PRICES AND TERMS OF PAYMENT
1. The total price, including taxes and other costs, shall be stated at the latest when the Agreement is concluded. Other costs do not include costs that are not inextricably linked to the Trip offered, such as the costs of additional (travel) services or other services provided by Packraft Trip or third parties at the Passenger's request. The latter costs will be additionally borne by the Traveller.
2. Published prices are based on the prices, charges and taxes known to Packraft Trip at the time of publication.
3. The Traveller must pay the full agreed price upon conclusion of the Agreement.
4. Packraft Trip is not obliged to further execute the Agreement until all amounts already owed by the Traveller have been paid.
5. Payments must be made in the manner and at the time indicated by Packraft Trip or within the payment period indicated by it. In case of transfer, Packraft Trip will apply a standard payment term of 14 days after invoice date, but may deviate from this in individual cases.
6. If payment is not made on time, the Traveller will be in default by operation of law and Packraft Trip reserves the rights referred to in Article 21. From the day on which the Passenger's default commences, the Passenger will owe then-current statutory interest. The statutory interest will be calculated up to and including the day the full outstanding payment is paid.
7. All reasonable costs, including judicial, extrajudicial and execution costs, incurred to obtain the amounts owed by the Passenger to Packraft Trip will be borne by the Passenger.
ARTICLE 15. | TRANSFER OF A TRIP
1. No later than seven days before commencement of the Trip, or so timely that the necessary acts and formalities can still be carried out, the Traveller may transfer his legal relationship to Packraft Trip to a third party fulfilling all the conditions of the Agreement, provided that the conditions of the service providers involved in the execution of the Trip do not oppose the transfer.
2. In case the request for transfer cannot be granted, Packraft Trip will inform the Traveller with reasons.
3. The transfer takes place by an agreement with the third party to that effect and Written notification thereof by the transferring Traveller to Packraft Trip. The transferring Traveller and the third party are jointly and severally liable for payment of the part of the trip price still due and for any additional fees, surcharges and other costs resulting from the transfer. Packraft Trip shall inform the person transferring the Trip of the actual costs of the transfer. These costs shall not be unreasonable and shall not exceed the actual costs arising for Packraft Trip from the transfer. Packraft Trip shall provide the person transferring the Trip with documentary evidence of the additional fees, surcharges and other costs resulting from the transfer.
ARTICLE 16. | CONFORMITY AND COMPLAINTS FOR TRIPS
1. Packraft Trip is responsible for the performance of the travel services which are part of the Trip, regardless of whether these services are provided by Packraft Trip or by other service providers.
2. The Traveller shall immediately notify Packraft Trip, taking into account the circumstances of the case, of any non-conformity he has found during the performance of any travel service included in the Trip. 'Non-conformity' means the non-conformity of the travel service with the agreed arrangements.
3. If one or more travel services are not performed in accordance with the Trip, Packraft Trip shall ensure that the non-conformity is remedied, unless that:
a) impossible; or
b) involves disproportionately high costs, taking into account the degree of non-conformity and the value of the travel services concerned.
4. If Packraft Trip does not remedy the non-conformity by invoking paragraph 3(a) or (b), Article 17 shall apply.
5. Without prejudice to the exceptions in paragraph 3, if Packraft Trip does not remedy the non-conformity within a reasonable period set by the Traveller, the Traveller shall have the option to do so himself and request reimbursement of the necessary expenses. If Packraft Trip refuses to remedy the non-conformity or if it must be remedied immediately, the Traveller does not have to set a deadline.
6. If a significant part of the Trip services, including the return of the Traveller to the place of departure, cannot be carried out as agreed, Packraft Trip shall, at no additional cost to the Traveller, with a view to the continuation of the Trip, offer suitable alternative arrangements of, if possible, equivalent or higher quality than that stipulated in the Agreement. If the proposed alternative arrangements result in a Trip of lower quality than stipulated in the Trip, Packraft Trip will give the Traveller an appropriate price reduction.
7. The Traveller may reject the proposed alternative arrangements as referred to in the previous paragraph only if they are not comparable to what was agreed in the Trip, or if the price reduction granted is insufficient.
8. If the non-conformity has significant consequences for the execution of the Trip and Packraft Trip has not remedied it within a reasonable period set by the Traveller, the Traveller may terminate the Trip without payment of the cancellation costs referred to in Article 8 and, where applicable, request a price reduction and compensation in accordance with Article 17. If alternative arrangements cannot be offered or the Passenger rejects them in accordance with paragraph 7, the Passenger shall, where applicable, be entitled to a price reduction or compensation in accordance with Article 17 even without termination of the Trip. If the Trip includes passenger transport, Packraft Trip also provides for immediate repatriation of the Traveller with equivalent transport and without additional costs for the Traveller in the cases referred to here.
9. If, due to unavoidable and extraordinary circumstances, the return of the Traveller cannot be provided as agreed, the cost of the necessary accommodation, if possible of an equivalent category, for a maximum of three nights per Traveller, shall be borne by Packraft Trip.
10. The limitation of costs described in paragraph 9 shall not apply to persons with reduced mobility within the meaning of Article 2(a) of Regulation (EC), No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (OJEU, L 204), nor to persons accompanying them, pregnant women, unaccompanied minors and persons in need of specific medical assistance, provided that Packraft Trip has been informed of their special needs at least 48 hours before the start of the Trip.
ARTICLE 17. | COMPENSATION IN CASE OF NON-CONFORMITY REGARDING TRIPS
1. The Traveller is entitled to an appropriate price reduction for any period during which there was non-conformity as referred to in the previous article, unless Packraft Trip proves that the non-conformity is attributable to the Traveller.
2. The Traveller shall be entitled to appropriate compensation from Packraft Trip for any damage incurred by the Traveller as a result of non-conformity, unless Packraft Trip proves that the non-conformity is due to:
(a) the Traveller;
(b) a third party not involved in the performance of the travel services included in the Trip and the non-conformity could not be foreseen or prevented; or(c) unavoidable and extraordinary circumstances.
3. Compensation shall be paid immediately.
4. If an international treaty to which the European Union is a party sets limits on the conditions under which service providers providing travel services included in a Trip must pay compensation, or on the amount of such compensation, those limits shall also apply to Packraft Trip. If an international treaty to which the European Union is not a party but the Netherlands is, sets limits to compensation payable by a Service Provider, those limits shall also apply to compensation payable by Packraft Trip.
5. Without prejudice to paragraph 4, Packraft Trip cannot exclude or limit its possible liability for damages in the context of a Trip if the damages:
a) consists of personal injury to the Traveller; or
b) is caused by intentional or negligent acts of Packraft Trip.
6. In the context of Trips, for damages other than those referred to in paragraph 5, Packraft Trip's liability is limited to three times the trip price.
7. The limitation period for filing a claim for damages within the framework of a Trip is two years.
8. Compensation or price reduction under these General Conditions will be offset against each other.
ARTICLE 18. | HELP AND ASSISTANCE
1. Packraft Trip is obliged to provide immediate help and assistance to the Traveller if the Traveller is in difficulty, including the circumstances referred to in Article 16.9, in particular by:
a) providing proper information about medical services, local authorities and consular assistance;
b) helping the Traveller to use remote communication and to find alternative travel arrangements.
2. If the difficulties are due to intent or negligence of the Traveller, Packraft Trip may charge reasonable compensation for the help and assistance provided. Such compensation shall in no case exceed Packraft Trip's actual costs.
3. Packraft Trip will assist in finding medical care if necessary, but cannot be held liable if such medical care cannot be found or is not effective.
ARTICLE 19. | GUARANTEE SCHEME VZR GUARANTOR
1. In order to comply with the legally required guarantee Packraft Trip uses the VZR Guarantee Fund. The Traveller can check this at https://vzr-garant.nl/organisaties/aangesloten-organisaties. All information about VZR Garant can be consulted at https://vzr-garant.nl.
2. With every offer by Packraft Trip concerning a Trip it is clearly stated whether the VZR Garant warranty applies. In the guarantee scheme you can read what the guarantee entails and which conditions apply. These warranty regulations can be found on the website of VZR Garant (https://vzr-garant.nl/garantieregeling).
3. If the travel services included in a Trip are not provided (in full and/or on time) due to Packraft Trip's financial insolvency, VZR Garant will carry out the guarantee. In the guarantee scheme it can be read how the Traveller can claim it in that case.
ARTICLE 20. | LIABILITY IN GENERAL
1. Liability of Packraft Trip only exists to the extent provided in these general conditions. The foregoing does not affect the statutory rights of Packraft Trip.
2. Packraft Trip is not liable for damage resulting from incorrect or incomplete information provided by the Traveller.
3. Packraft Trip is not liable for printing or typing errors on its website, in its brochures, offers, promotional material or other communications.
4. For damages due to death or injury (caused by third parties or wild animals), damages due to crime committed by third parties, delays, strikes, changes in transportation, cancellations of transportation due to terrorist attacks, weather conditions, natural disasters, bankruptcies of carriers or other forms of force majeure, Packraft Trip is not liable, without prejudice to the provisions of articles 16,17, 18 and 19.
5. Packraft Trip is, without prejudice to the provisions of articles 16, 17, 18 and 19, not liable for indirect damage, including loss of profit, damage as a result of theft, loss of goods or injury or accident incurred by or caused to the Traveller. Also, except as provided in articles 16,17, 18 and 19, no liability is accepted for damage caused by the use of any accommodation or means of transport used during the travel period. Packraft Trip is also not liable for damages caused by unauthorised or unlawful behaviour of the Traveller during the travel period.
6. Packraft Trip is not liable for possible damages caused by misconduct such as, but not limited to, aggression and drunkenness, caused by the Traveller. If the Traveller is refused or removed from an accommodation or means of transport as a result of misconduct or not following the instructions of staff, this is at the Traveller's own expense and risk. Packraft Trip will not grant any refund in these cases.
7. Packraft Trip is not liable for loss of money and loss of or damage to negotiable documents, gold, silver, jewels, jewellery, objects of art or other items of value.
8. Packraft Trip is not liable for damages covered by any insurance of the Traveller, such as health, travel or cancellation insurance.
9. Without prejudice to the provisions of articles 16,17, 18 and 19, Packraft Trip's liability is limited to no more than the invoice value of the Agreement, at least that part of the Agreement to which Packraft Trip's liability relates.
ARTICLE 21. | SUSPENSION AND DISSOLUTION
1. Packraft Trip is authorised to suspend further execution of the Agreement if and for as long as the Traveller does not fulfil his already due (payment) obligations under the Agreement (including the provisions of these general conditions).
2. Packraft Trip is authorised to dissolve the Agreement in whole or in part with immediate effect, if the Traveller does not fulfil his obligations under the Agreement, or does not fulfil them on time or in full, unless the failure of the Traveller, in view of its special nature or minor importance, does not reasonably justify this dissolution with its consequences. If fulfilment of the Passenger's obligations in respect of which he fails to comply is not permanently impossible, the authority to dissolve only arises after the Passenger has been given notice of default in writing by Packraft Trip, in which notice of default a reasonable period is stated within which the Passenger can (still) fulfil his obligations and fulfilment has still not taken place after expiry of the last-mentioned period. The provisions of the previous sentence do not apply if Packraft Trip must infer from a communication by the Traveller that the Traveller will fail to comply, in which case notice of default is useless and dissolution can take place without notice of default.
3. Unless the Passenger has already fulfilled his (future) payment obligations towards Packraft Trip in full, Packraft Trip is entitled to dissolve the Agreement in full or in part with immediate effect if the Passenger is in a state of bankruptcy, has any assets seized or otherwise cannot freely dispose of his assets.
4. Furthermore, Packraft Trip is entitled to cancel all or part of the Contract if circumstances arise which are of such a nature that fulfilment of the Contract is impossible or cannot reasonably be required of it without modification.
5. The Traveller will never be entitled to any form of compensation in connection with the right of suspension and/or dissolution exercised by Packraft Trip under this Article.
6. If the ground that led to suspension or dissolution of the Agreement can be attributed to the Passenger (which need not always be the case in paragraph 4), Packraft Trip shall be entitled to compensation from the Passenger for damage suffered by Packraft Trip as a result. 7. If Packraft Trip dissolves the Agreement under this article, any outstanding claims against the Traveller shall become immediately due and payable and, if and to the extent the Agreement provides for rental, Packraft Trip shall, without prejudice to its other rights, be entitled to immediately recover the Rented Property.
ARTICLE 22. | PHOTOS AND VIDEOS
With the express consent of the persons to be portrayed, Packraft Trip is permitted to take photographs and/or videos and place them for commercial purposes on, for example, its website, in brochures or on its social media channels. This consent may be revoked at any time, without prejudice to the lawfulness of the processing before revocation of consent.
ARTICLE 23. | FINAL PROVISIONS
1. Packraft Trip is entitled at any time to transfer its rights and obligations under the Contract to a third party, for example in the event of a change in its legal form.
2. Each Agreement and all legal relationships arising from it between the Parties are governed exclusively by Dutch law.
3. Before resorting to the courts, the Parties are obliged to make every effort to settle disputes in mutual consultation.
4. Only the competent court within the district of the District Court of Oost-Brabant will be designated in first instance to hear any legal disputes between the Parties, without prejudice to Packraft Trip's right to designate another court with jurisdiction under the law. However, the Traveller is entitled to choose the court with jurisdiction according to the law within one month after Packraft Trip has announced in writing that it wishes to litigate before the court it has designated.