Orange Mountain Experience Terms and Conditions
Article 1 – Definitions
Orange Mountain Experience: The organiser who puts together the Trip and offers it.
Trip: a programme organised by Orange Mountain Experience.
Traveller: any person who enters into or wishes to enter into an agreement with Orange Mountain Experience 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 Orange Mountain Experience undertakes to provide the traveller with a pre-arranged programme offered by it.
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 performs part of the Trip, such as auxiliary persons (accommodation providers/transporters/external guides/trainers/etc.) of Orange Mountain Experience.
Accommodation: The stay in accommodation that a traveller can book through Orange Mountain Experience as part of the programme organised by Orange Mountain Experience. Orange Mountain Experience 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 through Orange Mountain Experience, the traveller enters into an agreement with the accommodation provider regarding the overnight stay(s).
Package holiday: a package holiday within the meaning of the law. Package holidays are covered by the VZR 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 Orange Mountain Experience, the terms and conditions of the relevant accommodation provider shall 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 upon acceptance by the traveller of the offer made by Orange Mountain Experience.
3.2 The Trip offered includes the services and facilities explicitly described in the Organiser's quotations and publications. The content of the offer is determined exclusively on the basis of the information provided by Orange Mountain Experience. The stated duration of the trip is indicated in whole days, with the day of departure and arrival 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 quotations for individual trips or tailor-made trips are without obligation and, after acceptance, may in all cases be revoked by Orange Mountain Experience until 5 p.m. on the next working day (Mon-Fri) without giving reasons. This also applies if the customer has received a confirmation email from Orange Mountain Experience after acceptance.
3.5 Before concluding the agreement and its implementation, the traveller shall provide Orange Mountain Experience with the necessary information about themselves and any other traveller(s).
3.6 If the Traveller expresses certain preferences before or upon entering into the Agreement, rights can only be derived from these preferences insofar as they have been accepted as special requests via a written commitment from Orange Mountain Experience to the Traveller that the preference will be granted. Simply stating 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 After booking the trip, Orange Mountain Experience will send a booking confirmation, which may or may not be accompanied by a (deposit) invoice. A booking for the Trip is final. The Traveller has no right to withdraw from the Agreement.
3.9 If the agreed trip is included in a publication (e.g. brochure, website) by Orange Mountain Experience, the information contained therein forms part of the agreement.
Obvious errors and mistakes in a publication are not binding on Orange Mountain Experience. This concerns the offer of a price, the content of the service offered or other information which, taking all circumstances into account, the Traveller could not reasonably assume that Orange Mountain Experience intended to state. If there is reason to doubt the accuracy of the price or information, the Traveller should inquire.
3.10 If, at the latest upon entering into the Agreement, the Traveller informs Orange Mountain Experience of any requirements relating to medical conditions or other compelling interests as ‘requirements’, this shall constitute a condition precedent to the conclusion of the Agreement. Orange Mountain Experience must reject or confirm the ‘requirement’ within a reasonable period of time and ensure that it is met. If Orange Mountain Experience rejects the requirement, no agreement will be concluded. If the Organiser confirms the ‘requirement’, the Agreement will be concluded by sending confirmation. If the requirements entail additional costs and these are known, Orange Mountain Experience will make the Traveller a new offer.
3.11 The Traveller booking the trip must be of legal age. If a minor (<18 years) is travelling without the persons who have parental authority over them, these persons must send a signed declaration of consent to Orange Mountain Experience within 7 days of booking. The travel agreement will only be concluded after receipt of this declaration.
3.12 Orange Mountain Experience acts solely as an intermediary in arranging accommodation for participants. When booking accommodation through Orange Mountain Experience, an agreement is established between the traveller and the relevant accommodation provider.
3.13 Orange Mountain Experience accepts no responsibility for photographs, brochures, and other informational material published under the responsibility of third parties.
Article 4 – Information provided by Orange Mountain Experience
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 known to Orange Mountain Experience at the time of printing. The amounts stated in these terms and conditions include VAT, where applicable.
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 VZR Garant warranty scheme
To comply with the legally required guarantee, Orange Mountain Experience uses the VZR Garant guarantee scheme (www.vzr-garant.nl). You can check this via the participant page of the VZR Garant website. Within the limits of the Guarantee Scheme (found on the VZR Garant website), VZR Garant's guarantee applies. In the Guarantee Scheme you can read to which (travel) offer the guarantee of VZR Garant applies exactly and what this guarantee entails. If services are not provided due to financial insolvency of Orange Mountain Experience, you can contact VZR Garant, located at Torenallee 20, 5617 BC in Eindhoven, the Netherlands, at info@vzr-garant.nl or +31 (0)85 13 07 630.
4.8 Orange Mountain Experience requires the Traveller to take out cancellation insurance and travel insurance that covers high-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 Traveller being excluded from participation by Orange Mountain Experience or the Travel Service Providers. In that case, the Traveller will owe the cancellation costs in accordance with Article 9. Other costs arising from this will also be borne by the Traveller.
5.2 Travellers with reduced mobility and their companions, pregnant women, minors travelling alone and Travellers with an illness that may affect the Trip must report this to Orange Mountain Experience when entering into the Agreement or, in any case, as soon as possible after the Traveller 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 balance of the invoice must be received by Orange Mountain Experience no later than 49 days before the day of departure.
6.4 In the event of late payment, the traveller will be in default and will be notified of this in writing by or on behalf of Orange Mountain Experience. If payment is still not made, the agreement will be deemed to have been cancelled on the day of default. Orange Mountain Experience has the right to charge the cancellation costs due for this. In that case, the provisions of Article 9 apply and the amounts already paid will be offset against the cancellation costs.
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 Traveller is in default, Orange Mountain Experience may suspend the sending of the travel documents without further notice until full payment has been received. If payment is still not made after a reminder or if payment has not been made before the start of the trip, Orange Mountain Experience has the right to exclude the Traveller from participation. The obligation to pay remains. Instead of excluding the Traveller from participation, Orange Mountain Experience may cancel the Agreement and charge the Traveller the cancellation costs due. The provisions of this paragraph do not affect other rights of Orange Mountain Experience.
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 Traveller who booked the Trip may request Orange Mountain Experience in writing to amend the Agreement. Orange Mountain Experience is not obliged to do so. The Organiser will inform the Traveller of the new trip price. If the Traveller agrees to the costs of the amendment, the new trip price and amendment costs will be payable. If the new travel sum is lower than the original travel sum, the difference will be settled with the amendment costs owed.
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 Traveller may terminate the Agreement at any time prior to the commencement of the Trip. Termination must be made in writing. Preferably by email. The date on which the written cancellation is received by Orange Mountain Experience shall be deemed the date of cancellation. If received after 5 p.m. or outside working days, the next working day (Mon-Fri) shall be deemed 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 – Changes by Orange Mountain Experience
10.1 Orange Mountain Experience has the right to unilaterally amend the Agreement prior to the commencement of the Trip, provided that the amendments are not substantial. The Traveller will be notified of this in writing and in a clear manner.
10.2 Orange Mountain Experience is obliged to inform the traveller of any change it makes to the start time of the trip.
10.3 Orange Mountain Experience reserves the right to modify the agreed services in one or more essential respects due to compelling circumstances.
10.4 Force majeure circumstances are understood to mean circumstances of such a nature that Orange Mountain Experience cannot reasonably be expected to continue to be bound by the agreement. If the cause of the change can be attributed to the traveller, the resulting damage will be borne by the traveller. The travel organisation must submit a proposed change in the form of an alternative offer to the traveller within two working days after the force majeure circumstances have arisen. This obligation lapses if the cause of the change can be attributed to the traveller. The traveller may reject the change(s).
10.5 Programme changes are not grounds for terminating the travel agreement. Orange Mountain Experience will endeavour at all times to offer the best possible alternative programme if the regular programme cannot be carried out due to circumstances. The travel organisation is obliged to inform the traveller about the alternative programme. The alternative programme should be as similar as possible to the original programme. If the alternative programme entails additional costs, these costs will be borne by the participant. The travel organisation 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 significant circumstances that may lead to changes in the travel programme or its costs. Any additional costs may be passed on to the traveller by Orange Mountain Experience.
Article 11 – Termination by Orange Mountain Experience
11.1 In serious circumstances, Orange Mountain Experience has the right to terminate the agreement with immediate effect and refund the Traveller all amounts paid for the Trip without being liable for compensation.
11.2 If Orange Mountain Experience terminates the agreement, this must be done in writing (by email) and no later than one month before the agreement is to be performed. The traveller can then rebook to another trip free of charge. Costs incurred by the Traveller for services that fall outside the Agreement, such as vaccinations, visas, purchase of equipment, insurance and, if not included in the Trip, air travel, tickets, accommodation, etc., will not be reimbursed.
11.3 If the Traveller does not meet the pre-set participation requirements or if incorrect or incomplete information about experience, skills, physical or mental condition or other relevant subjects is provided by or on behalf of the Traveller, Orange Mountain Experience has the right to terminate the Agreement. This does not affect Orange Mountain Experience's other rights.
Article 12 – Responsibility
12.1 Orange Mountain Experience is responsible for the performance of the Travel Services covered by the Agreement, regardless of whether these Travel Services are performed by the Organiser itself or by another Travel Service Provider.
12.2 Before the start of the Trip, Orange Mountain Experience will provide the contact details of the Tour Leader and, where applicable, their local representative for emergency situations.
12.3 Orange Mountain Experience will inform the Traveller of any changes to the itinerary or travel times. If Orange Mountain Experience is not aware of the Traveller's place of residence, the Traveller will only be informed via the email address or mobile phone number known to Orange Mountain Experience.
Article 13. (Non)-Conformity and Force Majeure
13.1 Orange Mountain Experience shall perform the Agreement in accordance with the expectations that the Traveller may reasonably have based on 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 Orange Mountain Experience shall ensure that the shortcoming in the performance of the agreement is remedied. This obligation shall lapse if this is impossible or entails disproportionately high costs, taking into account the extent of the shortcoming and the value of the Travel Services concerned.
13.4 If the trip does not proceed in accordance with the expectations referred to in paragraph 1, Orange Mountain Experience is obliged to compensate any damage, unless the failure to perform cannot be attributed to it or to the person whose assistance it uses in the performance of the agreement, because:
- the failure to perform the agreement is attributable to the traveller; or
- 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
- the failure to perform the agreement is due to an event that Orange Mountain Experience or the person whose assistance it uses in the performance of the agreement could not foresee or remedy, taking into account all possible care; or
- the failure to perform the agreement is due to
- 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 Orange Mountain Experience acts as an intermediary in booking accommodation for the programmes, courses and activities it organises. As an intermediary, Orange Mountain Experience is therefore not liable for the proper execution of the accommodation booked through it. The (general) terms and conditions of the accommodation providers concerned apply to the booked accommodation. Orange Mountain Experience is, of course, responsible for the careful execution of the mediation services it provides, such as providing correct advice and handling the assignment correctly, booking the travel components, and making payments to the accommodation providers involved.
Article 14 – Assistance and support
14.1 Orange Mountain Experience shall provide the Traveller with immediate help and assistance 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 Orange Mountain Experience will charge a reasonable fee for help and assistance if the difficulties were caused by the Traveller's intent or negligence.
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;
- third parties not directly involved in the performance of the Agreement and the shortcoming could not have been foreseen or prevented;
- unavoidable and extraordinary circumstances.
15.3 If Orange Mountain Experience can be held liable for any damage, including damage resulting from the death or personal injury of the Traveller, this liability will in any case be limited or excluded to the limits permitted under the relevant international conventions and/or EU regulations relating to the individual Travel Services.
15.4 Orange Mountain Experience is not liable for damage suffered by the Traveller that is covered by insurance, such as health, travel or cancellation insurance.
15.5 Any liability of Orange Mountain Experience for damage is limited to three times the travel sum, unless the damage results from the death or personal injury of the Traveller or the damage is caused by intentional or negligent acts of Orange Mountain Experience.
15.6 If Orange Mountain Experience is liable to the traveller for loss of enjoyment of the trip, the compensation shall not exceed the trip price.
15.7 The exclusions and/or limitations of Orange Mountain Experience's liability set out in this article also apply to Orange Mountain Experience's employees.
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 payable under international treaties or EU regulations due to the same event, this compensation or damages shall not accumulate with the compensation or price reduction under this Agreement. The compensation or damages shall be deducted from the damages or price reduction owed by Orange Mountain Experience under this Agreement. For the above, it does not matter whether the compensation or damages under international treaties or EU regulations are owed by Orange Mountain Experience or a travel service provider engaged by it.
Article 16 – Traveler Obligations
16.1 The traveller(s) is/are obliged to comply with all instructions given by Orange Mountain Experience to ensure the smooth running of the trip and is/are liable for any damage caused by his/their unauthorised behaviour, to be assessed according to the standards of behaviour expected of a responsible traveller. Each traveller is responsible for checking the exact time of departure for the return journey with the tour guide.
16.2 In the event of non-compliance with instructions or in the event that a Traveller causes nuisance, Orange Mountain Experience or the Travel Service Provider shall be entitled to deny the Traveller further participation in the Trip or Travel Service, either in part or in full. In such a case, the Traveller shall not be entitled to a refund. Any additional costs incurred as a result shall be borne by the Traveller. If and insofar as 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 exclude participation, the Traveller will first be given a verbal or written warning. A warning is not required if this cannot be reasonably expected of Orange Mountain Experience or the Travel Service Provider given the circumstances of the case, taking into account the Traveller's behaviour, the expected likelihood of improvement in behaviour, the effect on the Trip and other Travellers, the risk of damage and the safety of Travellers and others.
16.4 The Traveller is liable for damage caused by his behaviour, failure to comply with the obligations in this article or damage that can otherwise be attributed to him. The Traveller indemnifies Orange Mountain Experience against claims from Travel Service Providers or third parties involved in the Trip for damage caused by the Traveller or attributable 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 necessary communication with Orange Mountain Experience shall be borne by Orange Mountain Experience, unless it appears that these costs could reasonably have been avoided. The Traveller shall, as far as possible, limit the costs by, among other things, using communication via WhatsApp and email.
17.3 All complaints that, according to the Traveller, have not been resolved or compensated in full during the Trip must be submitted to Orange Mountain Experience in writing, stating the reasons, within two months of return. Orange Mountain Experience is obliged to respond with reasons within one month of receiving 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 in accordance with paragraph 1 of this article, or failure to do so in a timely manner, may affect the amount of any price reduction or compensation, unless Orange Mountain Experience's interests have not been harmed by the failure to complain in a timely manner. Complaints that are not received in a timely manner after return will not be considered, unless this is unreasonable in the circumstances of the case.
Article 18 – Bankruptcy or suspension of payments
18.1 If Orange Mountain Experience enters into bankruptcy or suspension of payments, the VZR Garant guarantee scheme will take effect for payments already made for future trips and trips currently in progress.
18.2 The above guarantee scheme only applies to package holidays offered by Orange Mountain Experience. Non-package holidays may also be covered by the VZR Guarantee scheme, provided that this is explicitly stated by Orange Mountain Experience in the holiday description and also on the invoice.
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 Orange Mountain Experience is not responsible for the safety of participants during the trip. It is the participant's own responsibility to decide whether he or she is capable of riding mountain bike routes. Participants are free to decide at any time during the trip to dismount and not continue riding.
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
Orange Mountain Experience: The organiser who puts together the Clinic and offers it.
Clinic and Ride (hereinafter referred to as Clinic) is a programme organised by Orange Mountain Experience.
Participant: any person who enters into or wishes to enter into an agreement with Orange Mountain Experience 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 Orange Mountain Experience undertakes to provide the traveller with a pre-arranged programme offered by it.
Terms and Conditions: these general terms and conditions
Article 22 – Participant conditions Clinics
22.1. Applicability These Terms and Conditions of Participation, like the general terms and conditions, apply to agreements between the Participant and Orange Mountain Experience with regard to all activities organised by Orange Mountain Experience. The Participant agrees to the following terms and conditions of participation:
22.2. Formation of agreement
With the digital registration and payment for the activity, an agreement is established between the Participant and Orange Mountain Experience 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 fit to participate without any problems in the activity organised by Orange Mountain Experience. The Participant is responsible for assessing his or her abilities. In case of doubt, the Participant should contact Orange Mountain Experience.
22.4. Participant's obligations with regard to safety
The Participant shall behave in a responsible manner. The Participant shall follow the instructions of Orange Mountain Experience instructors. The Participant shall wear a bicycle helmet throughout the entire duration of the activity.
22.5. Damage and liability
The Participant is aware of the risks involved in the activities and participates in them entirely at his or her own risk. Orange Mountain Experience accepts no liability whatsoever for material and/or immaterial and/or consequential damage of any kind. Damage to or loss of property belonging to Orange Mountain Experience or third parties caused by the Participant will be recovered from him or her. In the event of misconduct towards other guests, walkers, Orange Mountain Experience staff and in the event of misconduct in general, Orange Mountain Experience reserves the right to terminate the Participant's participation in the activity without refunding the activity fee paid.
22.6. Costs and payment The costs for the activity and any further conditions, such as equipment hire and refreshments, are stated on the Orange Mountain Experience website. The costs of the activity must be paid before the activity takes place to an account number specified by Orange Mountain Experience or after the clinic. Refunds are not possible.
22.7. Photos and use
Instructors from Orange Mountain Experience regularly take photographs during the activities. Participants may request to have these sent to them as a memento. Orange Mountain Experience also uses these photographs 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 the event of problems with the interpretation or applicability of these terms and conditions or problems of a different nature, Orange Mountain Experience will endeavour to resolve these issues through mutual consultation as far as possible. 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
Orange Mountain Experience: The vendor offering Gift Vouchers.
Gift voucher: A digital voucher that has a predetermined value and a limited validity.
Purchaser: any person who purchases a gift from Orange Mountain Experience
Terms and Conditions: these general terms and conditions
Article 25 – Gift voucher conditions
In addition to our General Terms and Conditions, these gift voucher terms and conditions apply to gift vouchers issued by Orange Mountain Experience. By using an Orange Mountain Experience gift voucher, you accept these gift voucher terms and conditions and agree to comply with them.
25.1. These terms and conditions apply to all gift vouchers issued by Orange Mountain Experience (both electronic and printed gift vouchers (hereinafter collectively referred to as: “Gift Vouchers”) sold by Orange Mountain Experience and by third parties designated by Orange Mountain Experience.
25.2. Each Gift Voucher has a unique code. This can be a number code or a text code. Each Gift Voucher is only issued once. You must keep the Gift Voucher (including the code) in a safe place. No compensation will be paid in the event of theft (including unauthorised use of the code by third parties) or loss (including accidental deletion of emails). Only original Gift Vouchers and codes can be used and must be provided to Orange Mountain Experience upon request. Orange Mountain Experience reserves the right to only accept a Gift Voucher after receiving the original Gift Voucher (in the case of an electronic gift voucher, the email sent to you by Orange Mountain Experience or a third party designated by Orange Mountain Experience containing the code) and to demand payment in cash in the event of improper use. If a Gift Voucher has been purchased from a third party, you must carefully retain the receipt and the top-up voucher and present them to Orange Mountain Experience 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 Orange Mountain Experience and/or third parties designated by Orange Mountain Experience are only redeemable in respect of 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 the code, remaining value and expiry date of Gift Vouchers that have already been used is also available via the account overview on the Orange Mountain Experience 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
Orange Mountain Experience: The organiser that puts together the events and offers them.
Trader (exhibitor): any legal entity or individual who enters into or wishes to enter into an agreement with Orange Mountain Experience regarding an event, and any individual 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 Orange Mountain Experience undertakes to provide the visitor with a pre-organised event offered by it.
Terms and Conditions: these general terms and conditions
Article 26 – Visitor conditions Event
26.1. Applicability These Visitor Terms and Conditions, like the General Terms and Conditions, apply to agreements between the Visitor and Orange Mountain Experience with regard to all activities organised by Orange Mountain Experience. The Visitor agrees to the following terms and conditions:
26.2. Formation of agreement
With the digital registration and payment for the activity, an agreement is established between the Visitor and Orange Mountain Experience 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 or her own risk. Orange Mountain Experience accepts no liability whatsoever for material and/or immaterial and/or consequential damage of any kind. Damage to or loss of property belonging to Orange Mountain Experience or third parties caused by visitors will be recovered from him or her. In the event of misconduct towards other visitors or Orange Mountain Experience staff, and in the event of misconduct in general, Orange Mountain Experience reserves the right to terminate the visitor's participation in the event without refunding the activity fee paid.
26.5 Costs and payment The costs for the event and any further conditions, such as rental of equipment and refreshments, are stated on the Orange Mountain Experience website. The costs of the activity must be paid before the activity takes place to an account number specified by Orange Mountain Experience or paid at the event.
26.6 Photos and use
Orange Mountain Experience regularly takes photographs during activities. Visitors can request to have these sent to them as a memento. Orange Mountain Experience also uses these photographs 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 the event of problems with the interpretation or applicability of these terms and conditions or problems of a different nature, Orange Mountain Experience will endeavour to resolve these issues through mutual consultation as far as possible. 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.