TERms


Booking

The booking becomes final once the registration form has been completed and submitted. Upon booking the trip, you will receive an invoice from us for a deposit of 25% of the total travel price. No later than 12 weeks before the start of the trip, CYCLOsportive will send the final invoice for the remaining balance.


Participants

A trip will take place with a minimum of 10 participants. If there are fewer participants, CYCLOsportive reserves the right to adjust parts of the trip. CYCLOsportive will inform participants accordingly and offer them the choice to participate in the adjusted trip or to cancel the trip free of charge. CYCLOsportive also reserves the right to cancel the trip if there are insufficient participants. Participants will be informed in a timely manner (at the latest one month before the trip date) and will receive a refund of the travel sum.


Safety / Liability

Participants in trips organized by CYCLOsportive are responsible for taking out their own insurance that covers high-risk sports. Participation is entirely at one’s own risk. CYCLOsportive accepts no liability for personal injury or damage to participants’ property. By booking a trip with CYCLOsportive, we assume that you have read the general terms and conditions and that you automatically agree to them.


Waiting List

Have you been placed on the waiting list? We will inform you as soon as possible whether a spot becomes available. After our confirmation that a spot is available, you will have the opportunity to finalize your booking. With this confirmation, we will also send the invoice for the deposit. Please let us know within 24 hours of receiving the invoice if you decide to decline the spot. After 24 hours, your booking becomes final and your place at the Maratona is guaranteed.


Cancellation

If you decide to cancel yourself while CYCLOsportive is still able to operate the trip, the following costs will be charged:

  • Within 24 hours after booking: free of charge
  • After 24 hours 100% of the total costs

If flight tickets need to be cancelled due to the cancellation, the costs for cancelling the flight tickets will be charged by CYCLOsportive, in addition to the cancellation costs of the trip.


Trip Including Flight

If your trip includes a flight, flight prices are flexible. At the time of booking, we will also book your flight ticket. The travel price includes a base amount for the flight ticket. It is possible that an additional invoice will be sent if the flight tickets turn out to be more expensive than the amount included in the travel price.


VZR Garant

To comply with the legally required insolvency protection, CYCLOsportive uses the VZR Garant guarantee scheme (www.vzr-garant.nl). You can verify this via the participant page on the VZR Garant website. Within the limits of the Guarantee Scheme (available on the VZR Garant website), the VZR Garant guarantee applies. The Guarantee Scheme explains exactly which travel offers are covered by the VZR Garant guarantee and what this guarantee entails. If services are not provided due to the financial insolvency of CYCLOsportive, you can contact VZR Garant, located at Torenallee 20, 5617 BC Eindhoven, The Netherlands, via info@vzr-garant.nl or +31 (0)85 13 07 630.

 

General Terms and Conditions CYCLOsportive

These terms and conditions take effect as of 1 January 2018 for agreements concluded on or after that date.

Article 1: Definitions

In these terms and conditions and the applicable agreement, the following definitions apply:

  1. Outdoor sports: All sporting or recreational outdoor sports activities in which participation is possible under supervision or with prior instruction, and in which physical exertion and an adventurous experience play a major role, both indoor and outdoor; including motorized activities if not intended as public transport.
  2. Package: A service or activity or combination of services or activities organized or offered by the entrepreneur in the course of business or profession, as well as the provision of facilities. These may include the rental or sale of equipment, transportation, accommodation, instruction, and the guidance of (parts of) an activity program. Guided packages or activities are those supervised by a representative of the entrepreneur.
  3. Service: All actions in preparation for or in support of outdoor sports activities, including but not limited to the rental or sale of equipment, transportation, accommodation, instruction, and guidance.
  4. Activity: Outdoor sports or services, or a combination thereof, organized or offered by the entrepreneur.
  5. Guided activities: Activities supervised by (a representative of) the entrepreneur.
  6. One-day activity: An activity offered by an entrepreneur that lasts no longer than 24 hours and does not include overnight accommodation.
  7. Multi-day activity: An activity offered by an entrepreneur that lasts longer than 24 hours or includes overnight accommodation.
  8. One-day package: A service or activity, or a combination thereof, lasting no longer than 24 hours, without overnight accommodation, and including at least one part of a day.
  9. Multi-day package: A service or activity, or a combination thereof, lasting longer than 24 hours and including at least one overnight stay.
  10. Entrepreneur: The person who, in the exercise of their profession or business, offers activities and/or materials.
     Representative of the entrepreneur: The person acting in the name of the entrepreneur.
  11. Contracting party: Any natural or legal person who enters into an agreement with the entrepreneur for themselves or on behalf of third parties.
  12. Participant: Any natural person who actually participates in or makes use of a package and/or activity.
  13. Agreement: The agreement between the entrepreneur and the contracting party concerning a package or activity.
  14. An agreement is considered a travel agreement if the entrepreneur commits to providing a pre-arranged trip including overnight accommodation or a period exceeding 24 hours and at least two of the following services:
  15. transport,
  16. accommodation,
  17. another tourist service not related to transport or accommodation that forms a significant part of the package.
  18. Agreed price: The fee paid by the contracting party for the activity; what is included in the price must be stated in writing.
  19. Information: Written/electronic data about the activity.
  20. Cancellation: The written termination of the agreement by the contracting party prior to the start of the activity.

Article 2: Scope

  1. These terms and conditions apply to all offers, quotations, and agreements made by or on behalf of the entrepreneur, unless explicitly deviated from in writing.
  2. The terms and conditions are known to both parties upon entering into the agreement. By entering into the agreement, participating in an activity, or paying the agreed price (or part thereof), the contracting party accepts these terms.
  3. In the event of conflict between these terms and the contracting party’s general terms, the entrepreneur’s terms prevail. This does not preclude individual written agreements that deviate from these terms in favor of the contracting party and/or participant.
  4. The entrepreneur is only bound by the agreement and any amendments or additions if these have been accepted in writing by the contracting party.


Article 3: Price Changes

If, after the agreed price has been set, additional costs arise due to increased charges on the part of the entrepreneur as a result of changes in levies or taxes directly related to the activity or the participant and/or contracting party, these costs may be passed on to the contracting party, even after the agreement has been concluded.


Article 4: Payment

  1. Payments must be made in euros, in accordance with the agreed payment terms, unless otherwise agreed in writing.
  2. If the contracting party fails to meet their payment obligation within two weeks after written reminder, the entrepreneur has the right to terminate the agreement immediately, without prejudice to the right to full payment of the agreed price.
  3. If the entrepreneur has not received the full amount due by the start date of the activity, the entrepreneur may deny the participant access to the activity, without prejudice to the right to full payment.
  4. Reasonable extrajudicial collection costs incurred by the entrepreneur after notice of default will be charged to the contracting party. Statutory interest will be charged on overdue amounts after written demand.
  5. The contracting party’s right to offset claims against the entrepreneur is expressly excluded, unless the entrepreneur has been declared bankrupt.
  6. The full claim for payment becomes immediately due if:
    a. a payment deadline is exceeded
    b. the contracting party is declared bankrupt or granted a suspension of payments
    c. the contracting party or their company is dissolved
    d. the contracting party, as a natural person, is placed under guardianship or dies

Article 5: Early Departure by the Participant

In the event of early departure by the participant, the contracting party remains liable for the full agreed price.


Article 6: Obligations of the Contracting Party

  1. The contracting party must ensure that participants comply with the house rules and codes of conduct set by the entrepreneur.
  2. For activities abroad, the contracting party must ensure participants possess all required documents (passport, ID card, visas, vaccinations, etc.). The entrepreneur is not liable if participation is impossible due to missing documents.
  3. The entrepreneur reserves the right to use photographs or other recordings made during the package or activity for promotional purposes. Objections must be submitted in writing within 14 days after recording.
  4. Alcohol consumption before and during the activity is prohibited, except for activities such as tastings, which must then be the final activity.


Article 7: Interim Termination by the Entrepreneur

  1. The entrepreneur may terminate the agreement immediately if the contracting party or participant fails to comply with obligations, information, or government regulations after prior warning, to such an extent that continuation cannot reasonably be expected.
  2. The entrepreneur may exclude a participant from further participation if they cause nuisance, endanger safety, behave irresponsibly toward nature and the environment, or disrupt the atmosphere, despite prior warning.
  3. Any resulting additional costs will be borne by the contracting party.
  4. Interim termination must be communicated personally to the participant and the contracting party must be informed.
  5. The contracting party remains obliged to pay the agreed price.


Article 8: Amendment of the Agreement

  1. If the entrepreneur amends the agreement at the request of the contracting party, additional costs may be charged.
  2. An amendment also exists if information provided by the contracting party does not correspond to reality.
  3. If the entrepreneur amends the agreement, an alternative will be offered. If rejected, the contracting party must inform the entrepreneur immediately and is entitled to a refund of amounts paid for unused parts.
  4. A participant unable to attend may be replaced, subject to consent and conditions, including written request at least 7 days before the activity.


Article 9: Impossibility of Performance

  1. The entrepreneur may suspend or terminate the agreement due to unforeseen and unavoidable circumstances such as war, terrorism, political unrest, natural disasters, strikes, weather conditions, etc., and must inform the contracting party promptly.
  2. The entrepreneur may terminate the agreement if the participant’s physical condition makes participation unsuitable.
  3. The entrepreneur may terminate or suspend the agreement if there are insufficient participants for a group activity.
  4. If performance becomes permanently impossible, the agreement may be dissolved for the unperformed part without compensation.
  5. A group trip requires at least 10 participants. If insufficient, the entrepreneur may cancel and offer an alternative or refund. Travel costs made independently remain the participant’s responsibility.


Article 10: Complaints

  1. Complaints must be reported as soon as possible to allow a solution.
  2. If unresolved on site, complaints must be submitted in writing within 14 days after the activity.


Article 11: Liability

  1. The entrepreneur is not liable for accidents, theft, or damage unless due to attributable shortcomings.
  2. The entrepreneur is not liable for extreme weather or force majeure.
  3. The contracting party is liable for damage caused by participants.
  4. The entrepreneur will take appropriate measures after reports of nuisance.
  5. Participants remain responsible for assessing their own fitness to participate.


Article 12: Law and Regulations

  1. The entrepreneur ensures compliance with all environmental and safety regulations.
  2. Participants must strictly observe all safety instructions.
  3. Dutch law applies to this agreement.