General Terms and Conditions
and Privacy
Important notice: these terms and conditions are a translation of the original document in Dutch (The Netherlands). We translate our materials into other languages to assist customers. If there are differences between Dutch and another language, the Dutch version is the official version. The law of The Netherlands is applicable when you deal with Outdoor Heroes (article 16).
Article 1. Definitons
- Outdoor Heroes: the natural or legal person offering products and/or services to customers and/or clients.
- Customer: the natural or legal person/entity who has commissioned Outdoor Heroes to provide products and/or services.
- Client: the natural person, not acting in the exercise of a profession or business, who has commissioned Outdoor Heroes to provide products and/or services.
- Participant(s): the natural person participating in an activity (such as a course, training, outdoor trip or trek) organized by Outdoor Heroes.
- Products and/or Services: all services related to outdoor trips/(trekking) tours, (online) training and/or courses, team building events, customized activities (such as leadership retreats or programs), private guiding services, coaching, as well as consulting and/or writing texts (including blogs) related to hiking, trekking, walking and/or nature, the organization of and guidance on trekking and cabin tours and related digital products, such as e-books and videos.
- Contract: every written or digital agreement between customer/client and Outdoor Heroes to deliver products/services to the customer/client.
Article 2. Identity Outdoor Heroes
Outdoor Heroes / outdoorheroes.nl
e-mail: info@outdoorheroes.nl
telephone number: [+31] 6 4737 6534
ING Bank IBAN: NL70INGB0006942505
KvK/CoC (Chamber of Commerce) number: 80110673
VAT-ID number: NL003396081B44
Address: Hoofdstraat 59, 5528AH HOOGELOON
Article 3. Establishment of contract and validity of General Terms and Conditions
A contract regarding products and/or services purchased directly via the website (such as training courses, courses, and/or (digital) products) is formed at the moment the customer/client has selected the desired service/product, completed the registration or ordering process, and made the payment or deposit. Contracts regarding products and/or services that cannot be purchased directly via the website — including team-building events, customized activities (such as leadership retreats or programs), private guiding services, coaching, and other tailor-made programs/activities/trips — are formed upon demonstrable acceptance by the customer/client, which may be evidenced by a written or digital statement of agreement, the (partial) payment of the sent quote or invoice, or a factual action by the customer/client demonstrating agreement with the quote/proposal (such as actively initiating the preparation process). These general terms and conditions apply to the contracts referred to in this article.
Article 4. Personal Data
Outdoor Heroes will only process customer/client/participant data in accordance with applicable privacy regulations and legislation. The sharing of personal data with other customers/clients/participants (of the same trip, course, training or activity) will only take place with the consent of the customer/client/participant. Outdoor Heroes will, unless being notified otherwise, keep the customer/client/participant's e-mail address in order to keep the customer/client/participant informed of company related developments, and such without 'spamming'.
Article 5. Insurance
Every participant is required to have health insurance when participating in a product and/or service offered by Outdoor Heroes, such as training, courses or outdoor trips/(trekking) tours. When participating in multi-day activities such as outdoor trips/(trekking) tours, every customer/client/participant is required to have accident or travel insurance that covers high-risk sports, and includes helicopter rescue/extraction. This is available from, for example, the Dutch Climbing and Mountaineering Association (NKBV): https://nkbv.nl/verzekeringen/. Allianz also has an Adventure & Survival insurance. It is the responsibility of the customer/client to check whether risk sports and helicopter rescue are (still) covered at the time of obtaining the insurance policies given as examples above. If a customer enters into a contract with Outdoor Heroes for a product and/or service for a group, the insurance referred to in this article must be acquired with appropriate coverage for all participants in that group. If the customer/client/participant already has an ongoing travel or accident insurance, then he/she should check whether risk sports and helicopter rescue are included in the insurance.
Article 6. Physical condition
- If products and/or services such as training, courses or outdoor trips/(trekking) tours require a certain physical condition, this will be indicated in the programs on the respective web pages or in the travel folders/brochures accompanying the activity. In case of customization, this will be discussed and estimated in advance. Every customer/client must meet the physical condition as indicated or agreed in the product/service for which the customer/client enters into contract with Outdoor Heroes.
- A customer/client who has reached the age of 60 years or older and who purchases a product/service that involves the need for a certain physical condition, a prior sports medical examination can be required.
- A customer/client is required to indicate in advance by phone or e-mail if he/she uses medication and/or has (health) conditions that may affect the performance of the customer/client and what risks the instructor or guide should take into account.
- If a customer enters into a contract with Outdoor Heroes for the providing of a product and/or service for a group, the foregoing shall apply with respect to the participants of that group. In such cases it is the responsibility of the customer to inform the group participants of this in a timely manner.
Article 7. Following instructions
The customer/client is bound to follow the instructions of the instructor or tour guide while participating in trainings, courses and/or outdoor trips/(trekking) tours to ensure a safe situation. Failure to follow instructions may result in exclusion from the course. This applies in particular if the customer/client behaves in such a way that it causes fear, annoyance or damage and/or he/she seriously disturbs or endangers (the experience of) other customers/clients. In case of exclusion from a training, course and/or outdoor trip/(trekking) tour, Outdoor Heroes accepts no liability whatsoever towards the customer/client in question. Any damages and costs incurred due to undesirable/unacceptable behavior of the customer/client will be recovered from the customer/client in question. If a customer enters into a contract with Outdoor Heroes for the providing of a product and/or service for a group, the above will apply to all participants in that group. In such cases it is the responsibility of the customer to inform the participants accordingly.
Article 8. Changes in program trips/training/courses
Outdoor Heroes makes every effort to ensure that the products and/or services (in particular trips, trainings and/or courses) are carried out according to the information provided in advance. The instructor/guide, or his/her substitute, is entitled to make necessary program changes at his/her discretion to ensure the safety of the participants and himself/herself. Things to be considered include extreme weather conditions, avalanche danger, flooding, changes in terrain and the health/safety of the participants or the instructor/guide himself/herself. Outdoor Heroes is not liable for any necessary cancellation due to force majeure such as natural disasters, criminal and terrorist activities/events.
Article 9. Cancellation policy for trainings/courses
- Outdoor Heroes reserves the right to cancel a training course and/or course if the number of registrations is lower than the minimum number of participants published for that training course and/or course. If no minimum number of participants is published with the offer, a minimum of 6 participants applies. In that case, Outdoor Heroes will refund the payment or deposit made by the customer/client for that training course and/or course. In exceptional cases (for example, where customization is provided or special agreements have been made in advance), this refund may take place after deduction of costs already incurred, such as rent or deposits for grounds, accommodation, and/or materials. In such situations, Outdoor Heroes cannot be held liable for any (consequential) damage suffered by the customer/client or participant.
- Cancellation of a training course and/or course by Outdoor Heroes, for reasons other than failing to reach the minimum number of participants, will be avoided to the utmost. At all times, an attempt will be made to find a substitute, equivalent instructor/guide or, in full consultation with the customer/client, to offer a suitable alternative. Should this not be possible, the contract will be cancelled and all money already paid by the customer/client will be refunded. In exceptional cases (for example, where customization is provided or special agreements have been made), this refund may take place after deduction of costs already incurred, such as rent or deposits for grounds, accommodation, and/or materials. In such situations, Outdoor Heroes cannot be held liable for any (consequential) damage suffered by the customer/client or participant.
- Cancellation by the customer/client must be made by telephone or e-mail. In case of cancellation of training courses and/or courses within 7 days before the start date of the training course and/or course, 100% of the total amount shall remain due. In case of cancellation within 14 days before the start date, but earlier than 7 days before the start date of the training course and/or course, the customer/client will receive a refund of 50% of the total amount. If a training course and/or course is cancelled earlier than 14 days before the start date, the customer/client will receive a full refund.
Article 10. Cancellation policy outdoor trips/(trekking) tours
- Outdoor Heroes reserves the right to cancel an outdoor trip/(trekking) tour if the number of registrations is lower than the minimum number of participants published for that outdoor trip/(trekking) tour. If no minimum number of participants is published with the offer, a minimum of 6 participants applies. In that case, Outdoor Heroes will refund the payment or deposit made by the customer/client for the outdoor trip/(trekking) tour. In exceptional cases (for example, where customization is provided or special agreements have been made), this refund may take place after deduction of costs already incurred, such as rent or deposits for grounds, accommodation, and/or materials. In such situations, Outdoor Heroes cannot be held liable for any (consequential) damage suffered by the customer/client or participant.
- Cancellation of an outdoor trip/(trekking) tour by Outdoor Heroes, for reasons other than failing to reach the minimum number of participants, will be avoided to the utmost. At all times, an attempt will be made to find a substitute, equivalent instructor/guide or, in full consultation with the customer/client, to offer a suitable alternative. Should this not be possible, the contract will be cancelled and all money already paid by the customer/client will be refunded. In exceptional cases (for example, where customization is provided or special agreements have been made), this refund may take place after deduction of costs already incurred, such as rent or deposits for grounds, accommodation, and/or materials. In such situations, Outdoor Heroes cannot be held liable for any (consequential) damage suffered by the customer/client or participant.
- Cancellation by the customer/client must be made by telephone or e-mail. If the outdoor trip/(trekking) tour is cancelled later than 45 days before the start date of the outdoor trip/(trekking) tour, 100% of the total amount remains due. In the event of cancellation later than 60 days before the start date, but earlier than 45 days before the start date of the outdoor trip/(trekking) tour, the customer/client will receive a refund of 50% of the total amount. If an outdoor trip/(trekking) tour is cancelled earlier than 60 days before the start date, the customer/client will receive a full refund.
Article 11. Cancellation policy for team building/custom and other activities
- Cancellation by Outdoor Heroes of a team-building event, customized activity (such as a leadership retreat), or other activity will be avoided to the utmost. At all times, an attempt will be made to find a substitute, equivalent instructor/guide/facilitator or, in full consultation with the customer/client, to offer a suitable alternative. Should this not be possible, the contract will be cancelled and any amounts already paid (or deposited) will be refunded. In exceptional cases (where specific customization agreements apply), this refund may take place after deduction of non-refundable third-party costs already incurred by Outdoor Heroes (such as rent or deposits for grounds, accommodation, and/or materials). In case of cancellation, Outdoor Heroes cannot be held liable for any additional (consequential) damage suffered by the customer/client or participant.
- Cancellation by the customer/client must be made by telephone or in writing (by e-mail). In the event of cancellation of a team-building event, customized activity (such as a leadership retreat), or other activity, 100% of the total amount remains due if the cancellation occurs later than 30 days before the start date of the activity. In the event of cancellation between 45 and 30 days before the start date of the activity, all non-refundable third-party costs already incurred by Outdoor Heroes, as well as the compensation for preparation work already carried out, will be charged in full, and the customer/client will receive a 75% refund of the remaining invoice amount. In the event of cancellation earlier than 45 days before the start date of the activity, any non-refundable third-party costs already incurred by Outdoor Heroes, as well as the compensation for preparation work already carried out, will be charged in full, and the customer/client will receive a full refund of the remaining invoice amount.
- Preparation work already carried out is understood to mean: the actual hours spent on intake, alignment, program development, and organization. These hours will be charged at the hourly rate stated in the quote/offer (or, in the absence thereof, the standard hourly rate of Outdoor Heroes of € 75.– ex. VAT per hour), or on the basis of the preparation or development item specified in the quote/offer. Third-party costs are understood to mean: all costs and/or (down)payments made to third parties by Outdoor Heroes in preparation or execution (such as locations, accommodation, staff, catering, permits, and/or equipment rental) that are no longer refundable under the terms and conditions of those third parties.
Article 12. Guarantee Arrangement
In order to meet its statutory obligation to provide a guarantee, Outdoor Heroes makes use of the guarantee arrangement provided by STO Garant. The customer/client can check that this is the case by visiting STO Garant’s website and verifying that the organisation is listed as a participant (www.stogarant.nl/en/members). You can find all information relating to STO Garant at www.stogarant.nl/en.
Whether STO Garant's guarantee applies to a particular (travel) offer made by Outdoor Heroes is clearly stated for that offer. The Guarantee Arrangement specifies what the guarantee covers and which conditions apply. The customer/client can find the Guarantee Arrangement on STO Garant's website (www.stogarant.nl/en/downloads).
If STO Garant's guarantee applies to customer/client's booking, the customer/client does not pay the booking sum to Outdoor Heroes but instead into the escrow account belonging to Stichting Derdengelden Certo Escrow, a payment services provider registered with De Nederlandsche Bank (DNB) and the Dutch Authority for the Financial Markets (AFM). This trust account holds the payment in reserve until the trip booked has come to an end. If services are not supplied (in full and/or on time) due to the financial insolvency of Outdoor Heroes, STO Garant implements the guarantee. The Guarantee Arrangement details how the customer/client can make a claim under the guarantee in such cases.
Article 13. Exclusion of liability
Participation in a training, course and/or outdoor trip/(trekking) tour (and associated exercises/activities) takes place entirely at the customer/client's own risk. The customer/client should be aware that a training, course and/or outdoor trip/(trekking) tour (and associated exercises/activities) involves risk. The customer/client must therefore sign a risk acceptance form. Without a completed risk acceptance form no participation in a training, course and/or outdoor trip/(trekking) tour (and associated exercises/activities) can take place. Outdoor Heroes is not liable for personal injury and/or for loss/theft or damage to any possession/property of the customer/client. Outdoor Heroes is also not responsible for decisions made or actions taken by a customer/client after completing a training, course and/or outdoor trip/(trekking) tour. If a client enters into an contract with Outdoor Heroes for the providing of a product and/or service for a group, the above will apply to all participants in that group. In such cases it is the client's responsibility to inform the participants about the above.
Article 14. Questions/complaints
A customer/client may direct questions or complaints to e-mail address info@outdoorheroes.nl. Complaints must be submitted within a reasonable time, fully and clearly described and are answered within a period of 14 days from the date of receipt.
Article 15. Links
The Outdoor Heroes site may contain third-party advertisements or links to other sites. Outdoor Heroes has no influence on the privacy policies of these third parties or their sites and is not responsible for them.
Article 16. Applicable law
Dutch law will apply to all contracts and all resulting obligations between the customer/client and Outdoor Heroes. Even if the customer/client resides abroad.