Article 1 – Definitions

TS MTB Adventure: The organizer who puts together and offers the Trip.
Travel: a program organized by TS MTB Adventure.

Traveler: any person who enters into or wishes to enter into an agreement with TS MTB Adventure regarding a Trip and any person who has the right to travel under the Agreement;
(Travel) agreement: an agreement including these terms and conditions whereby TS MTB Adventure undertakes to provide the traveller with a pre-organised programme offered by him.

Travel service: passenger transport, rental of a motor vehicle or motorcycle, accommodation or another tourist service insofar as these services fall within the definition of Article 7:500 sub a BW.
Travel service provider: the service provider that carries out a part of the Trip, such as assistants (accommodation providers/transporters/external guides/trainers/etc.) of TS MTB Adventure.
Accommodation: The stay in an accommodation that a traveler can book via TS MTB Adventure for the program organized by TS MTB Adventure. TS MTB Adventure acts as an intermediary with regard to the booking of the accommodation.

Accommodation provider: The party that, in the course of its business, offers overnight stays to travellers in its own name. If a traveller books accommodation via TS MTB Adventure, the traveller enters into an agreement with the accommodation provider regarding the overnight stay(s).

Package tour: a package tour within the meaning of the law. Package tours are covered by the STO Garant guarantee scheme
Written: in writing or electronically, including by e-mail.

Terms and Conditions: these general terms and conditions.
Working days: Monday to Friday, excluding public holidays.

Article 2 – Applicability of conditions

2.1 These conditions apply to all travel agreements concluded with both consumers and companies. If the travel organization states this in publication, these travel conditions may also apply to agreements relating to other services.

2.2 Different provisions may apply to high-risk journeys, the applicability of which will be stipulated in the relevant offers.

2.3 If a traveller books accommodation through TS MTB Adventure, the terms and conditions of the relevant accommodation provider apply to the booked accommodation.

2.4 Deviating and additional conditions must be agreed in writing. Deviating provisions in the individual agreement take precedence over these Conditions.

Article 3 – Formation of Agreement

3.1 The agreement is concluded by the traveller's acceptance of the offer from TS MTB Adventure.

3.2 The offered Trip includes the services and facilities that are explicitly described in the offers and publications of the Organizer. The content of the offer is determined exclusively on the basis of the information provided by TS MTB Adventure. The stated travel duration is indicated in whole days, whereby the day of departure and arrival are counted as whole days.

3.3 Bookings via the website in which all required personal data is provided are considered official bookings, regardless of the departure date.

3.4 All offers for individual trips or tailor-made trips are without obligation and can be revoked by TS MTB Adventure in all cases up to 5:00 PM on the next working day (Mon-Fri) without giving reasons after acceptance. Even if the customer has received a confirmation email from TS MTB Adventure after acceptance.

3.5 The traveller will provide TS MTB Adventure with the information required for concluding and executing the agreement concerning himself and any other traveller(s).

3.6 If the Traveler makes certain preferences known before or when entering into the Agreement, rights can only be derived from this to the extent that these preferences have been accepted as a special request via a written commitment from TS MTB Adventure to the Traveler that the preference will be granted. The mere mention as a preference on travel documents and the booking confirmation is insufficient for this purpose.

3.7 The person who enters into an agreement on behalf of or for the benefit of another person is jointly and severally liable for all obligations arising from the agreement. The other Travellers are each liable for their own part. The confirmation, invoice, travel documents and all other communication will only be sent to the Traveller who makes the booking. The Traveller who books the Trip on behalf of or for the benefit of others is obliged – with the permission of that person – to make known relevant personal circumstances of those other Travellers that may influence the performance of the Agreement when registering. The Traveller who books the Trip on behalf of or for the benefit of others is obliged to provide those other Travellers with these Conditions and other relevant communication.

3.8 TS MTB Adventure will send a booking confirmation after booking the trip, with or without a (deposit) invoice. A booking of the Trip is final. The Traveler has no right to revoke the Agreement.

3.9 If the agreed trip is included in a publication (e.g. brochure, website) of TS MTB Adventure, the information contained therein forms part of the agreement.
Obvious errors and mistakes in a publication do not bind TS MTB Adventure. This concerns the offer of a price, the content of the service offered or other information of which the Traveler, given all circumstances, could not reasonably have assumed that TS MTB Adventure intended to explain this. If there is reason to doubt the correctness of the price or information, the Traveler should make inquiries.

3.10 If the Traveler notifies TS MTB Adventure of requirements in connection with the medical condition or due to other important interests as a 'requirement' at the latest when entering into the Agreement, this will be considered a condition precedent for the conclusion of the Agreement. TS MTB Adventure must reject the 'requirement' within a reasonable period of time or confirm it and ensure that it is met. If TS MTB Adventure rejects the requirement, no agreement will be concluded. If the Organizer confirms the 'requirement', the Agreement will be concluded by sending confirmation. If there are additional costs associated with the requirements and these are known, TS MTB Adventure will make the Traveler a new offer.

3.11 The Traveler who books the trip must be of legal age. If a minor (<18 years) travels without the persons who have authority over the minor, these persons must send a signed declaration of consent to TS MTB Adventure within 7 days after booking. The travel agreement will only be concluded after receipt of this declaration.

3.12 TS MTB Adventure acts only as an intermediary in arranging accommodation for the benefit of the participants. When booking accommodation via TS MTB Adventure, an agreement is concluded between the traveller and the accommodation provider concerned.

3.13 TS MTB Adventure is not responsible for photos, brochures and other information material published under the responsibility of third parties.

Article 4 – Information by TS MTB Adventure

4.1 The published travel prices are, unless otherwise stated, per person. This includes the services and facilities mentioned in the publication. Costs that fall outside the travel price are mentioned separately in the price overview.

4.2 The published travel sum is based on the prices, exchange rates, levies and taxes, as these were known to TS MTB Adventure at the time of printing of the publication. The amounts stated in these conditions, are, where applicable, inclusive of VAT.

4.3 The Traveler will receive comprehensive information about the booked Travel in good time before the start of the Travel and at the latest when the last travel information is provided, including information about the content and start time of the program and the preparation for it.

4.4 The Traveler must be in possession of the necessary documents such as a valid passport or, where permitted, an Identity Card and any required visas, driver's license and insurance certificate upon departure and during the trip.

4.5 If the traveller is unable to make the trip or is only able to make it partially due to the lack of a valid document, the consequences thereof will be borne by the traveller.

4.6 The final travel information will be sent to the Traveler (digitally) no later than 7 days before departure, unless the invoice has not yet been paid in full. If the Traveler has not received the travel information 5 days before departure, he/she must inform the Organizer without delay.

4.7 STO Garant Guarantee Scheme
In order to comply with the legally required guarantee, TS MTB Adventure uses STO Garant. You can check this via the STO Garant participants page (www.sto-garant.nl/deelnemers). All information about STO Garant can be found at www.sto-garant.nl
With each (travel) offer from TS MTB Adventure it is clearly stated whether the STO Garant guarantee applies. In the guarantee scheme you can read what the guarantee entails and which conditions apply. You can find this guarantee scheme on the STO Garant website (www.sto-garant.nl/downloads).
If the STO Garant guarantee applies to your booking, you will not pay the travel sum to TS MTB Adventure, but to the escrow account of Stichting Derdengelden Certo Escrow, a payment service provider registered with De Nederlandsche Bank (DNB) and the Netherlands Authority for the Financial Markets (AFM). This escrow foundation guarantees your travel sum until after your booking has ended. If services are not provided (in full and/or on time) due to the financial inability of TS MTB Adventure, STO Garant will implement the guarantee. The guarantee scheme explains how you can claim this in that case. 

4.8 TS MTB Adventure obliges the Traveler to take out cancellation insurance and travel insurance that covers risk sports such as mountain biking or activities in mountainous terrain.

Article 5 – Information by the Traveler

5.1 Before or upon concluding the Agreement, the Traveller making the booking shall provide all information relevant to the Trip about him or herself and the other Travellers registered by him or her. In particular, this concerns information about the Travellers or the composition of the group if this may affect the health or safety of the Traveller or others during the Trip.

If the information provided is incorrect or incomplete, this may result in the Traveler being excluded from participation by TS MTB Adventure or the Travel Service Providers. In that case, the Traveler is liable for the cancellation costs in accordance with Article 9. Other costs resulting from this are also for the account of the Traveler.

5.2 Travelers with reduced mobility and their companions, pregnant women, unaccompanied minors and Travelers with an illness that could affect the Trip must report this to TS MTB Adventure when entering into the Agreement or in any case as soon as possible after the Traveler becomes aware of this.
in connection with possible consequences for the Journey and in particular air transport. These Travellers must verify themselves whether a medical certificate is required to be allowed to travel.

Article 6 – Payment

6.1 Upon conclusion of the agreement, an amount equal to 30% of the total invoice amount must be paid in advance, unless otherwise stated in the relevant publication.

6.2 The remainder of the invoice must be in the possession of TS MTB Adventure no later than 49 days before the day of departure.

6.3 If the trip concerns a package trip, the booking and payment are covered by STO Garant. Payment of the booking amount is made via the payment system of STO Garant. Payment must be made to the escrow account of Stichting Derdengelden Certo Escrow, a payment service provider registered with De Nederlandsche Bank (DNB) and the Netherlands Authority for the Financial Markets (AFM). This Stichting Derdengelden processes all payments for STO Garant. The traveller's payment is guaranteed on the escrow account until the day after the booking ends.

6.4 In the event of late payment, the traveler is in default and will be notified in writing by or on behalf of TS MTB Adventure. If payment is still not made, the agreement will be deemed to have been cancelled on the day of default. TS MTB Adventure has the right to charge the cancellation costs due for this. In that case, the provisions in article 9 apply and the amounts already paid will be offset against the cancellation fees.

6.5 If the agreement is concluded within 49 days before the day of departure, the entire invoice amount must be paid immediately.

6.6 If the Traveller does not pay within the term stated above or stated on the invoice, the Traveller will be in default without further notice of default being required and statutory interest will be due on the outstanding amount from that date onwards.

6.7 The Traveller is obliged to pay the extrajudicial collection costs if the Traveller has been unsuccessfully reminded to pay within a period of fourteen days, starting on the day after the reminder has been received, stating the consequences of the failure to pay, including the exact collection costs claimed. The extrajudicial collection costs amount to 15% of the amount claimed up to €2500, 10% on the subsequent €2500, 5% on the subsequent €5000 and 1% on the excess, with a minimum of €40.

6.8 If the Traveler is in default, TS MTB Adventure may suspend the sending of the travel documents without further notice until full payment has been received. If payment is not made even after a reminder or if payment has not been made before the start of the trip, TS MTB Adventure has the right to exclude the Traveler from participation. The obligation to pay remains in place. Instead of excluding the Traveler from participation, TS MTB Adventure may cancel the Agreement and charge the Traveler the cancellation costs due for this. The provisions of this clause do not affect other rights of TS MTB Adventure.

Article 7 – Substitution

7.1 The traveller may be replaced by another person if the other person meets all the conditions attached to the agreement. The Traveler requests the Organiser no later than 7 days before the start of the Trip, or at least with due observance of a reasonable period within which the necessary actions can be carried out, to put the person in his place. Transfer is only possible insofar as the conditions of the institutions/organisations/service providers involved in the implementation allow this.

7.2 The Traveller and the person taking over the Trip are jointly and severally liable for payment of the amount still due and for any additional fees, surcharges and other costs resulting from the substitution, including amendment costs.

Article 8 – Changes by the Traveler

8.1 The Traveler who booked the Trip can request TS MTB Adventure in writing to change the Agreement. TS MTB Adventure is not obliged to do so. The Organizer will inform the Traveler of the new travel sum. If the Traveler agrees to the costs of the change, the new travel sum and change costs are due. If the new travel sum is lower than the original travel sum, the difference will be settled with the change costs due.

8.2 A request to change the departure date does not constitute a change, but a cancellation. An exception to this is an extra night before or after the end of the offered program. Reduction of the number of paying passengers does not constitute a change, but a partial cancellation. The cancellation regulation of article 9 applies to this.

Article 9 – Cancellation by the Traveler

9.1 The Traveler may cancel the Agreement at any time before the start of the Trip. Cancellation must be made in writing. Preferably by email. The date on which the written cancellation is received by TS MTB Adventure is considered the moment of cancellation. If received after 5:00 PM or outside working days, the next working day (Mon-Fri) is considered the date of receipt.

9.2 If an agreement is cancelled by the traveller, each traveller is liable for cancellation costs in addition to the booking costs.

9.3 The cancellation costs of the agreements are:

– in case of cancellation up to 93 days before departure: 15% of the travel sum

– in case of cancellation from 93 days up to and including 49 days before departure 30% of the travel sum

– in case of cancellation from 49 days up to and including departure day 100% of the travel sum

Article 10 – Amendment by TS MTB Adventure

10.1 TS MTB Adventure has the right to unilaterally change the Agreement before the start of the Trip, insofar as it concerns non-major changes. The Traveler will be informed of this in writing and in a clear manner.

10.2 TS MTB Adventure is obliged to inform the traveller of any change made by him to the start time of the trip.

10.3 TS MTB Adventure has the right to change the agreed service provision on one or more material points due to important circumstances.

10.4 Serious circumstances are understood to mean: circumstances that are of such a nature that further commitment of TS MTB Adventure to the agreement cannot reasonably be expected. If the cause of the change can be attributed to the traveler, the resulting damage will be borne by the traveler. The travel organization must submit a change proposal in the form of an alternative offer to the traveler within two working days after the serious circumstances have occurred. This obligation lapses if the cause of the change can be attributed to the traveler. The traveler can reject the change(s).

10.5 Program changes are no reason to terminate the travel agreement. TS MTB Adventure will at all times make every effort to offer the best possible alternative program if the regular program cannot be carried out due to circumstances. The travel organization is obliged to inform the traveler about the alternative program. The alternative program must be as similar as possible to the original program. If the alternative program entails additional costs, these costs will be borne by the participant. The travel organization is obliged to keep any additional costs as low as possible.

10.6 If the change results in a reduction in the quality or costs of the Trip, the Traveler is entitled to an appropriate price reduction.

10.7 The consequences of Brexit can be considered as serious circumstances which can lead to the adjustment of the travel program or the costs thereof. In case of additional costs, these can be passed on to the traveler by TS MTB Adventure.

Article 11 – Termination by TS MTB Adventure

11.1 In the event of significant circumstances, TS MTB Adventure has the right to terminate the agreement with immediate effect and to refund the Traveler all amounts paid for the Trip without being liable for any damages.

11.2 If TS MTB Adventure cancels the agreement, this must be done in writing (by email) and no later than one month before the execution of the agreement. The traveler can then rebook to another trip free of charge. Costs incurred by the Traveler for services that fall outside the Agreement, such as vaccinations, visas, purchase of materials, insurance and, if not included in the Trip, the flight, tickets, accommodation, etc. will not be reimbursed.

11.3 If the Traveler does not meet the pre-set participation requirements or if incorrect or incomplete information about experience, skills, physical or mental condition or other relevant topics is provided by or on behalf of the Traveler, TS MTB Adventure has the right to terminate the Agreement. This does not affect other rights of TS MTB Adventure.

Article 12 – Responsibility

12.1 TS MTB Adventure is responsible for the performance of the Travel Services to which the Agreement relates, regardless of whether these Travel Services are performed by the Organizer itself or by another Travel Service Provider.

12.2 TS MTB Adventure will provide the contact details of the Tour Guide and, where applicable, his local emergency representative before the start of the Tour.

12.3 TS MTB Adventure will inform the Traveler about changes in the travel schedule or travel times. If TS MTB Adventure is not aware of the place of stay, the Traveler will only be informed at the e-mail address or mobile phone number known to TS MTB Adventure.

Article 13. (Non)-Conformity and Force Majeure

13.1 TS MTB Adventure must execute the Agreement in accordance with the expectations that the Traveler could reasonably have on the basis of the publications, the Agreement and the circumstances at the travel destinations.

13.2 If the trip does not proceed in accordance with the expectations referred to in paragraph 1, the traveller is obliged to inform the persons concerned as referred to in Article 17 as soon as possible.

13.3 TS MTB Adventure will ensure that the shortcoming in the performance of the agreement is remedied. This obligation will lapse if this is impossible or if it entails disproportionately high costs, taking into account the degree of shortcoming and the value of the relevant Travel Services.

13.4 If the trip does not proceed in accordance with the expectations referred to in paragraph 1, TS MTB Adventure is obliged to compensate any damage, unless the failure to comply cannot be attributed to him or to the person whose assistance he uses in the execution of the agreement, because:

1. the failure to perform the agreement is attributable to the traveller; or
2. the shortcoming in the performance of the agreement could not have been foreseen or could not have been remedied and is attributable to a third party not involved in the provision of the services included in the trip; or
3. the failure to perform the agreement is due to an event that TS MTB Adventure or the person whose assistance it uses in performing the agreement could not have foreseen or remedied, even with all due care; or
4. the failure to perform the agreement is due to
5. force majeure as referred to in paragraph 5 of this article.

13.5 Force majeure means: abnormal and unforeseeable circumstances that are beyond the control of the person invoking them and the consequences of which could not have been avoided despite all precautions.

13.6 If the deficiency is not remedied within a reasonable period set by the Traveller, the Traveller has the option to remedy the deficiency himself and request reimbursement of the expenses.

13.7 TS MTB Adventure mediates in the booking of accommodation for the programs, courses and activities organized by it. As a mediator, TS MTB Adventure is therefore not liable for the correct execution of the accommodations booked through it. The (general) terms and conditions of the accommodation providers concerned apply to the booked accommodations. TS MTB Adventure is of course responsible for the careful execution of the mediation services provided by it, such as correct advice and correct handling of the order, booking of the travel components, and payment to the accommodation providers concerned.

Article 14 – Assistance and support

14.1 TS MTB Adventure will provide the Traveller with immediate assistance and support if the Traveller is in difficulty, in particular by providing good information about medical services, local authorities and consular assistance and by helping the Traveller to use remote communication and to find alternative travel arrangements.

14.2 TS MTB Adventure will charge a reasonable fee for assistance and support if the difficulties are caused by intent or negligence on the part of the Traveler.

Article 15 Attribution, force majeure and exclusions of liability

15.1 The Traveller shall in no event be entitled to compensation for damage suffered by the Traveller as a result of a shortcoming, insofar as the shortcoming is attributable to:
a. the Traveler;

1. third parties not directly involved in the performance of the Agreement and the shortcoming could not have been foreseen or prevented;
2. unavoidable and extraordinary circumstances.
   15.3 If TS MTB Adventure can be held liable for any damage, including damage resulting from the death or personal injury of the Traveler, this liability will in any case be limited or excluded to the limits permitted under the applicable international treaties and/or EU regulations relating to the individual Travel Services.

15.4 TS MTB Adventure is not liable for damage to the Traveler that is covered by insurance, such as health, travel or cancellation insurance.

15.5 Any liability of TS MTB Adventure for damages is limited to three times the travel sum, unless the damage results from the death or personal injury of the Traveler or the damage is caused by intentional or negligent actions of TS MTB Adventure.

15.6 If TS MTB Adventure is liable to the traveller for loss of enjoyment of the trip, the compensation will amount to a maximum of the travel sum.

15.7 The exclusions and/or limitations of the liability of TS MTB Adventure included in this article also apply to the benefit of employees of TS MTB Adventure.

15.8 Any claim by the Traveler for compensation for damages shall expire two years after the Trip has taken place or, if the Trip did not take place, two years after the planned commencement date.

15.9 If compensation or damages are due under international treaties or EU regulations due to the same event, this compensation or damages will not accumulate with the damages or price reduction under this Agreement. The compensation or damages will be deducted from the damages or price reduction owed by TS MTB Adventure under this Agreement. For the above, it does not matter whether the compensation or damages are owed by TS MTB Adventure or a travel service provider engaged by it under international treaties or EU regulations.

Article 16 – Traveler Obligations

16.1 The traveller(s) is/are obliged to comply with all instructions of TS MTB Adventure to promote a good execution of the trip and is/are liable for damage caused by his/her unlawful behaviour, to be assessed according to the standard of behaviour of a correct traveller. Each traveller must ask the tour guide for the exact time of departure for the return trip.

16.2 In the event of non-compliance with instructions or in the event that a Traveller causes a nuisance, TS MTB Adventure or the Travel Service Provider shall have the right to deny the Traveller further participation in the Trip or Travel Service, in part or in full. In such a case, the Traveller shall not be entitled to a refund of any monies. Any further costs incurred as a result shall be at the expense and risk of the Traveller. If and to the extent that the cause of the exclusion cannot be attributed to the Traveller, he shall be granted a refund of the travel sum or part thereof.

16.3 Before proceeding to exclusion from participation, the Traveler will first be given an oral or written warning. A warning is not required if this cannot be required of TS MTB Adventure or Travel Service Provider given the circumstances of the case, taking into account the behavior of the Traveler, the expected chance of improvement of the behavior, the effect on the Trip and other Travelers, the risk of damage and the safety of the Travelers and others.

16.4 The Traveler is liable for damage caused by his behavior, failure to comply with the obligations in this article or damage that can otherwise be attributed to him. The Traveler indemnifies TS MTB Adventure against claims from Travel Service Providers involved in the Trip or third parties for damage that is caused by the Traveler or can be attributed to him.

Article 17 – Complaints

17.1 Any shortcoming in the performance of the agreement must be reported to the tour guide on site as soon as possible, so that they can find a suitable solution. If the shortcoming is not resolved within a reasonable period and detracts from the quality of the trip, it must be reported to the tour operator without delay.

17.2 The costs of the necessary communication with TS MTB Adventure will be borne by TS MTB Adventure unless it appears that these reasonably could not have been incurred. The Traveler must limit the costs as much as possible by using communication via WhatsApp and e-mail.

17.3 All complaints that, according to the Traveler, have not been or have not been fully resolved or compensated during the Trip, must be submitted to TS MTB Adventure in writing and with reasons within two months after return. TS MTB Adventure is obliged to respond with reasons within one month after receipt of the complaint.

17.4 If the complaint is not resolved satisfactorily, the traveler has the right to turn to the competent court. This right to claim expires one year after the end of the trip or, if the trip did not take place, one year after the original departure date.

17.5 Failure to complain or failure to complain in time in accordance with paragraph 1 of this article may affect the amount of any price reduction or compensation, unless the interests of TS MTB Adventure have not been harmed by the failure to complain in time. Complaints that are not received in time after return will not be processed, unless this is not reasonable in the circumstances of the case.

Article 18 – Bankruptcy or suspension of payments

18.1 If TS MTB Adventure is declared bankrupt or is granted a suspension of payments, the STO Garant guarantee scheme will come into effect for payments already made for future trips and trips currently in progress.

18.2 The above guarantee scheme only applies to package tours offered by TS MTB Adventure. Non-package tours may also fall under the STO Garant scheme, provided that this is explicitly indicated by TS MTB Adventure in the tour description and also on the invoice.  

18.3 If the guarantee scheme applies and comes into effect, the booking amount will be released to Stichting Take Over (STO). STO will then ensure the correct (financial) settlement with the traveller.

Article 19 – Other provisions

19.1 Subordinates, assistants and other third parties involved in the performance of the Agreement may invoke the provisions of the Agreement and these Terms and Conditions (including the exclusions of liability) against the Traveler.

19.2 If mandatory law prevents the validity of a provision in these Terms and Conditions or if a provision is annulled, that provision shall be deemed to have been converted into a valid provision that approximates the original intention as closely as possible in content and scope.

19.3 The offer, the Agreement and the performance of the Agreement are exclusively governed by Dutch law, unless this is in conflict with mandatory law. Without prejudice to this choice of law, a consumer is entitled to the protection offered by the mandatory law of the country of his residence if the Organizer directs the commercial activities (including advertising) concerning the agreed Trip to the country where the consumer is resident, unless the services are not performed in whole or in part in that country.

19.4 The Dutch court has exclusive jurisdiction, unless this is contrary to mandatory law.

Article 20 – Mountain bike trip disclaimer

19.1 TS MTB Adventure is not responsible for the safety of a participant during the trip. It is the responsibility of the participant to decide whether he or she is able to ride routes on a mountain bike. Each participant is free to decide at any time during the trip to get off and not ride any further.

19.2 Participant declares:
– Participation in a Mountain Bike tour is entirely at your own risk.
– To be responsible for one’s own safety, behavior and decisions.
– To be responsible for your own equipment at all times during the trip.
– Not to deliberately endanger others.
– Agree that photos and film recordings can be shared on social media and the internet.

Clinics (and Rides)

Article 21 – Definitions

TS MTB Adventure: The organizer who puts together and offers the Clinic.
Clinic and Ride (hereinafter referred to as Clinic) is a program organized by TS MTB Adventure.

Participant: any person who enters into or wishes to enter into an agreement with TS MTB Adventure regarding a Clinic and any person who has the right to participate on the basis of the Agreement;
Agreement: an agreement including these terms and conditions whereby TS MTB Adventure undertakes to provide the traveller with a pre-organised programme offered by him.

Terms and Conditions: these general terms and conditions

Article 22 – Participant conditions Clinics

22.1. Applicability These Conditions of Participation, like the general conditions, apply to agreements between the Participant and TS MTB ADVENTURE with regard to all activities organised by TS MTB ADVENTURE. The Participant agrees to the following conditions of participation:

22.2. Formation of agreement

With the digital registration and payment of the activity, an agreement is concluded between the Participant and TS MTB ADVENTURE with regard to the activity in which the Participant wishes to participate.

22.3. Participant's Health Declaration

The Participant declares that he or she is in good health and has the condition to participate without problems in the activity organized by TS MTB ADVENTURE. The Participant is responsible for the assessment of his or her capabilities. In case of doubt, the Participant contacts TS MTB ADVENTURE.

22.4. Participant's obligations with regard to safety

The Participant behaves in a responsible manner. The Participant follows the instructions of the instructors of TS MTB ADVENTURE. The Participant wears a bicycle helmet during the entire duration of the activity.

22.5. Damage and liability

The Participant is aware of the risks of the activities and participates in the activities entirely at his/her own risk. TS MTB ADVENTURE accepts no liability whatsoever for material and/or immaterial and/or consequential damage of any kind. Damage to or loss of property of TS MTB ADVENTURE or third parties caused by the Participant will be recovered from him/her. In the event of misconduct towards other guests, hikers, staff of TS MTB ADVENTURE and misconduct in general, TS MTB ADVENTURE reserves the right to terminate the Participant's participation in the activity without refunding the paid activity fee.

22.6. Costs and payment The costs for the activity and any additional conditions, such as rental of equipment and refreshments, are stated on the TS MTB ADVENTURE website. The costs of the activity are paid before the activity takes place to an account number specified by TS MTB ADVENTURE or are paid after the clinic. Refund of the payment is not possible if the activity is cancelled by the Participant less than 24 hours in advance without first consulting TS MTB ADVENTURE.

22.7. Photos and use

Instructors of TS MTB ADVENTURE regularly take pictures during the activities. The participant can get these sent to them as a souvenir. TS MTB ADVENTURE also uses these pictures online to promote its services (facebook, instagram, website and google business page).

22.8 Conditions per Clinic. Specific (participant) conditions can be set per clinic in addition to these conditions. These can be found digitally when making the booking,

22.9. Other provisions

In case of problems with the interpretation or applicability of these conditions or problems of another nature, TS MTB ADVENTURE will try to resolve the matter as much as possible in mutual consultation. If this proves impossible, the dispute will be submitted to the competent court in Haarlem. Dutch law applies.

Article 23 – Cancellation or relocation by participant.

• The following cancellation costs apply to Clinics in the event of cancellation by the Participant:

• up to 4 weeks: 25% of the price of the price of the clinic
• up to 2 weeks: 100 % of the clinic price
  • The following costs apply to Clinics if the Participant travels:
• up to 4 weeks: 25% of the price of the price of the clinic
• up to 2 weeks: 100 % of the clinic price

Gift cards

Article 24 – Definitions

TS MTB Adventure: The seller that offers Gift Cards.
Gift voucher: A digital voucher that has a predetermined value and a limited validity.

Buyer: any person who purchases a gift from TS MTB Adventure

Terms and Conditions: these general terms and conditions

Article 25 – Gift voucher conditions

In addition to our General Terms and Conditions, these gift voucher conditions apply to gift vouchers issued by TS MTB Adventure. By using a TS MTB Adventure gift voucher, you accept these gift voucher conditions and commit yourself to comply with them.

25.1. These terms and conditions apply to all gift vouchers issued by TS MTB Adventure (both electronic and printed gift vouchers (hereinafter collectively: “Gift Vouchers”) that are sold by TS MTB Adventure and third parties designated by TS MTB Adventure.

25.2. Each Gift Voucher is provided with a unique code. This can be a number code or text code. Each Gift Voucher is only issued once. You must store the Gift Voucher (including the code) carefully. In the event of theft (including the use of the code by unauthorized third parties) or loss (including the (accidental) deletion of e-mails) no compensation will be paid. Only original Gift Vouchers and codes can be used and must be provided to TS MTB Adventure upon request. TS MTB Adventure reserves the right to accept a Gift Voucher only after receipt of the original Gift Voucher (in the case of an electronic gift voucher, the e-mail sent to you by TS MTB Adventure or a third party designated by TS MTB Adventure and in which the code is included) and to demand payment in cash in the event of improper use. If a Gift Voucher was purchased from a third party, you must store the receipt and the top-up certificate carefully and present them to TS MTB Adventure upon request.

25.3. To use a Gift Card, you must place the products you have selected in the “shopping cart”. During the payment process, you then select “gift card/redeem coupon” as the payment method and fill in the exact code.

25.4. The nature, value, duration, expiration date and/or any applicable other specific terms of use can be found on the Gift Card. Each Gift Card is valid for a certain period. After the expiration date, the Gift Card can no longer be used.

25.6. Gift vouchers issued by TS MTB Adventure and/or third parties designated by TS MTB Adventure can only be exchanged for purchases

25.7. Gift cards cannot be used for outstanding orders.

25.8. Gift cards or their residual value cannot be exchanged for cash.

25.9. The right of withdrawal does not apply to Gift Cards. Gift Cards cannot be returned.

25.10. The remaining value of the Gift Card can be used for subsequent orders. This value is visible in the user's account. The remaining value is not transferable and can only be used from the same account where the first use of the Gift Card took place and during the validity period of the Gift Card.

25.11. All information regarding code, remaining value and expiry date of already used Gift Vouchers is also available via the account overview on the TS MTB Adventure website.

If the total amount of the order is higher than the value of the Gift Card(s) used, the difference must be paid using one of the other payment methods: credit card, iDEAL, Paypal or Maestro.

25.12. It is not permitted to modify, falsify, undermine or otherwise affect (including hacking) Gift Cards or their operation.

Any (attempted) fraud or other unauthorized action will be recorded and will result in the use of Gift Cards being denied.

25.13. It is not permitted to use Gift Vouchers in any way for commercial purposes and/or purposes other than those for which they were issued.

25.14. These gift card terms and conditions may be amended from time to time. We recommend that you consult the gift card terms and conditions each time before using a gift card. If you continue to use gift cards after the changes have taken effect, you accept the amended gift card terms and conditions.

25.15. You can redeem an unlimited amount of Gift Cards per order.

Events

Article 26 – Definitions

TS MTB Adventure: The organizer who puts together and offers the events.

Trader (exhibitor): any legal entity that enters into or wishes to enter into an agreement with TS MTB Adventure regarding an event and any person who, on the basis of the Agreement, has the right to participate as a trader in the broadest sense of the word.

Visitor: any (legal) person who has validly purchased or received an admission ticket for an Event organised by the Organisation and any person who wishes to gain access to an Event with a valid admission ticket.

Agreement: an agreement including these terms and conditions whereby TS MTB Adventure undertakes to provide the visitor with a pre-organised event offered by him

Terms and Conditions: these general terms and conditions

Article 26 – Visitor conditions Event

26.1. Applicability These Visitor Conditions, like the general conditions, apply to agreements between the Visitor and TS MTB ADVENTURE with regard to all activities organised by TS MTB ADVENTURE. The visitor agrees to the following conditions:

26.2. Formation of agreement

With the digital registration and payment of the activity, an agreement is concluded between the Visitor and TS MTB ADVENTURE with regard to the Event in which the Visitor wishes to participate.

26.3. Visitor's obligations regarding safety

The Visitor behaves in a responsible manner. The Visitor follows the instructions of the organization. 

26.4. Damage and liability

The Visitor is aware of the risks and participates in the event entirely at his/her own risk. TS MTB ADVENTURE accepts no liability whatsoever for material and/or immaterial and/or consequential damage of any kind. Damage to or loss of property of TS MTB ADVENTURE or third parties caused by visitors will be recovered from him/her. In the event of misconduct towards other visitors or staff of TS MTB ADVENTURE and in the event of misconduct in general, TS MTB ADVENTURE reserves the right to terminate the visitor's participation in the event without refunding the paid activity fee.

26.5 Costs and payment The costs for the event and any additional conditions, such as rental of materials and refreshments, are stated on the TS MTB ADVENTURE website. The costs of the activity are paid before the activity takes place to an account number specified by TS MTB ADVENTURE or are paid before the event. 

26.6 Photos and use

TS MTB ADVENTURE regularly takes pictures during the activities. The visitor can have these sent to them as a souvenir. TS MTB ADVENTURE also uses these pictures online to promote its services (Facebook, Instagram, website and Google business page).

26.7 Conditions per Event. Specific conditions may be set per Event in addition to these conditions. These can be found digitally when making the booking,

26.8. Other provisions

In case of problems with the interpretation or applicability of these conditions or problems of another nature, TS MTB ADVENTURE will try to resolve the matter as much as possible in mutual consultation. If this proves impossible, the dispute will be submitted to the competent court in Haarlem. Dutch law applies.

Article 27 – Cancellation by visitor or merchant

• The following cancellation costs apply to Events in the event of cancellation by Visitor or Trader:

• from purchase until 4 weeks before the start 25% of the price of the price of the Event
• after 4 weeks before the start: 100 % of the price of the Event
  • For Events, relocation is not possible.