General terms and conditions of travel

GENERAL TERMS AND CONDITIONS OF TRAVEL

ARTICLE 1. | DEFINITIONS

In these terms and conditions, the following terms, always marked with capital letters, have the following meanings.

1.1Packraft Trip: the user of these terms and conditions, located at van der Beekstraat, 4265 HS in Genderen, registered in the Trade Register under Chamber of Commerce number 94042837.

1.2Traveller: both the person with whom Packraft Trip has concluded or intends to conclude an Agreement, and anyone else who is entitled to travel under the Agreement.

1.3Parties: Packraft Trip and the Traveller together.

1.4Agreement: the agreement between the Parties under which Packraft Trip undertakes to provide a packraft, hiking and mountain bike trip offered by Packraft Trip, or the rental of packrafts, mountain bikes and accessories and/or camping gear.

1.5Trip: the packraft, hiking & mountain bike trip offered by Packraft Trip under an Agreement, concerning a package trip that includes an overnight stay or a period of more than 24 hours, including a stay.

1.6Rented: items rented by Packraft Trip to the Traveller under an Agreement and owned by Packraft Trip and owned by Packraft Trip, such as packrafts, accessories and/or camping gear.

1.7In writing: communication in writing, communication by e-mail or any other way of communication that can be equated with this in view of the state of the art and social beliefs.

ARTICLE 2. | GENERAL PROVISIONS

2.1These general terms and conditions apply to every offer made by Packraft Trip, each Agreement and all legal relationships arising therefrom between the Parties.

2.2The provisions of these general terms and conditions can only be deviated from explicitly and in writing. If and insofar as the provisions of these general terms and conditions differ from what Parties have expressly agreed in Writing, what Parties have expressly agreed in Writing will prevail.

2.3Destruction or nullity of one or more of the provisions of these general terms and conditions or the Agreement as such does not affect the validity of the other clauses. Where appropriate, the Parties are obliged to consult with each other in order to make a replacement arrangement with regard to the affected clause. In doing so, the purpose and scope of the original provision will be taken into account as much as possible.

ARTICLE 3. | OFFER AND CONCLUSION OF AGREEMENTS & NO RIGHT OF WITHDRAWAL

3.1Any offer from Packraft Trip to enter into an Agreement is non-binding, even if it is indicated that the offer is valid for a certain period of time.

3.2Obvious errors and mistakes in an offer from Packraft Trip do not bind Packraft Trip. In case of reasonable doubt about the accuracy of the content of Packraft Trip's offer, it is considered that the Traveller will inform Packraft Trip about this.

3.3An offer from Packraft Trip can only be accepted in its entirety and unchanged by the Traveller, unless Packraft Trip states otherwise.

3.4.Each Agreement, without prejudice to the provisions of paragraph 1, is concluded when Packraft Trip's offer has been accepted by the Traveler within the period of validity specified in the offer, if any, and the Traveler has complied with all the conditions that Packraft Trip has expressly attached to accepting the offer.

3.5.The Traveller who (partly) concludes the Agreement on behalf of one or more other Travelers declares that he is authorized to do so by entering into the Agreement. In addition to these other Travelers, that Traveler (referred to as: 'the other party to Packraft Trip') is jointly and severally liable for all obligations arising from that Agreement in addition to these other Travelers. Without prejudice to the joint and several liability of Packraft Trip's other party, the other Travelers are liable for their own share of the Agreement. The other party of Packraft Trip is at all times liable to the latter for fulfilling the payment obligations associated with the Agreement. Furthermore, communication with Packraft Trip takes place exclusively via Packraft Trip's other party, unless otherwise provided in these terms and conditions.

3.6Each Agreement is binding after its conclusion; the Traveller has no right to cancel the Agreement, without prejudice to the cancellation conditions with regard to Trips as referred to in article 8.

ARTICLE 4. | TRAVEL INFORMATION

At the email address provided when booking, the Traveller will receive timely information about the requirements during the Trip, the safety regulations and other relevant travel information. This travel information forms an integral part of the Agreement.  The Traveller is responsible for taking note of this travel information and to ensure that any fellow travelers also take note of this information in a timely manner.  The Traveller is obliged to comply with the instructions, safety regulations and other obligations contained in the travel information. If the Traveller fails to comply with these obligations and thereby impedes or endangers the safe or proper execution of the Trip, Packraft Trip is entitled to take appropriate measures. This includes refusing to participate in (part of) the Trip or terminating participation if this is reasonably necessary in the interests of safety, the execution of the Trip or the interests of other participants. A refusal or termination of participation under this article does not entitle the Traveller to a refund, compensation or any other compensation, without prejudice to the mandatory provisions of the law.

ARTICLE 5. | INFORMATION OBLIGATIONS OF THE TRAVELER

5.1. The Traveller guarantees that he provides Packraft Trip with all information necessary for the conclusion and execution of the Agreement in a timely manner. The Traveller guarantees that all information provided by him to Packraft Trip is accurate and complete. Travelers' names provided to Packraft Trip must exactly match the names on their passports. The Traveler is also obliged to provide Packraft Trip with all other information about the Travelers registered by him that may be important for the conclusion and execution of the Agreement before or at the latest when concluding the Agreement.

5.2.A copy of Travelers' passports must be provided to Packraft Trip upon first request. The Traveller guarantees that the passports are valid at least six months after the start of the trip.

ARTICLE 6. | FURTHER OBLIGATIONS OF THE TRAVELER

6.1It is the responsibility of the Traveller to take care of a risk for travel and/or cancellation insurance at his own expense.

6.2The Traveller is responsible for carrying the necessary documents, such as a valid passport, visa and vaccination certificates, during the trip, as well as for complying with the regulations that apply to the Traveller in the country of destination. In the event that the Trip has to be terminated as a result of a circumstance attributable to the Traveller, Packraft Trip is not liable for the resulting damage.

6.3The Traveller is obliged to comply with all instructions from Packraft Trip and the third parties involved in the Agreement, such as carriers, travel guides and hoteliers. The Traveller is liable for (his own) damage caused by his unauthorized behavior, judging by the standard of the behavior of a correct Traveller.

6.4The Traveller who causes or may cause such a nuisance or inconvenience that this greatly complicates or may complicate the proper execution of the Agreement may be excluded from (continuing) his participation in the Trip if Packraft Trip or the third parties involved in the Agreement cannot reasonably be expected to comply with the Agreement.

6.5All damage resulting from a situation as referred to in the previous paragraphs will be borne by the Traveller if and insofar as the consequences of nuisance or burden can be attributed to him.

6.6The Traveller is obliged to avoid or limit any damage as much as possible, in particular by timely and properly complying with the information obligations referred to in article 5.

ARTICLE 7. | PACKRAFTING AND OTHER ACTIVITIES

7.1Packraft Trip assumes that Travelers are in good health and able to carry out organized activities and follow Packraft Trip's instructions.

7.2If the Traveller brings a dog, these dog shoes must be worn in the packraft. The Traveller is responsible for bringing these dog shoes.

7.3In case of doubt about being able to participate responsibly in the activities, it is the Traveller's responsibility to consult their doctor and check that they are healthy enough to engage in such adventurous activities.

7.4Participation in activities organized by Packraft Trip involves inherent risks, such as, but not limited to, heat, humidity and cold, wind, rain, snow and ice, walking and sailing in rough terrain or water, climbing, including risks of falling rocks and rock slides, high altitudes, equipment failures, the presence of insects, snakes, spiders and other animals, diseases and disorders, getting lost, inaccessibility to medical care and difficulties with the evacuation of remote locations in case of a medical emergency. The Traveller agrees to accept all inherent risks and indemnifies Packraft Trip from all claims of any kind relating to the inherent risks referred to, including claims arising from illness, injury, death and/or loss of property. The Traveller hereby agrees to indemnify and indemnify Packraft Trip if a third party makes a claim of any kind against Packraft Trip arising from one or more of the inherent risks referred to.

7.5For changes in activities due to weather conditions, water levels, sailing bans or other safety conditions, articles 15 and 16 apply.

ARTICLE 8. | CANCELLATION BY THE TRAVELER OF A TRIP

8.1If the Traveller has purchased the cancellation insurance offered by Packraft Trip, the terms and conditions expressly stipulated in Writing prevail over the provisions of this article.

8.2Without prejudice to the provisions of paragraphs 3 and 5, the Traveller who cancels a Trip owes the following cancellation fees. In case of cancellation:

- up to the 42nd day (exclusive) before arrival: 25% of the travel price;

- from the 42nd day (inclusive) to the 28th day (exclusive) before the day of arrival: 35% of the travel price;

- from the 28th day (inclusive) to the 21st day (exclusive) before arrival: 40% of the travel price;

- from the 21st day (inclusive) to the 14th day (exclusive) before arrival: 50% of the travel price;

- from the 14th day (inclusive) to the 5th day (exclusive) before arrival: 75% of the travel price;

- from the 5th day (inclusive) to the day of arrival (exclusive): 90% of the travel price;

- on the day of arrival or later: the full travel price.

8.3If Packraft Trip assumes that, as a result of canceling the Trip by the Traveler, he will suffer damage that exceeds the applicable cancellation costs as referred to in paragraph 2, the entire damage suffered by Packraft Trip will be borne by the Traveler. This may occur when Packraft Trip has already incurred costs in connection with the reservation of accommodations and/or transfers, or the reservation of activities. The compensation referred to here does not exceed the full agreed price.

8.4Cancellation after office hours is considered to be made on the next business day.

8.5If unavoidable and extraordinary circumstances occur at the destination or in the immediate vicinity thereof that have significant consequences for the execution of the Trip or for passenger transport to the destination, the Traveller has the right to terminate the Trip before the start of the Trip without paying a cancellation fee.

8.6If a Traveller from the tour group cancels his share of the Trip, he owes a cancellation fee. If, at the time of the conclusion of the Agreement, a different price would apply, based on the size of the remaining tour group, the price for the remaining Travelers will be changed accordingly. The amended Agreement is subject to the normal payment terms of article 14. If a change to the Trip as intended above is impossible, the Agreement will be canceled for all Travelers and they will all owe a cancellation fee.

ARTICLE 9. | CANCELLATION OF A TRIP BY PACKRAFT TRIP

9.1Packraft Trip reserves the right to cancel a Trip before the start if execution is not reasonably possible due to force majeure, insufficient participants or other unforeseen circumstances.

9.2If the cancellation or a necessary change is due to weather conditions, low or high water levels, a navigation ban or other circumstances as referred to in article 15, the provisions of articles 15 and 16 apply. If the proposed change qualifies as a major change to a key feature of the Trip, article 11 also applies.

9.3Packraft Trip will inform the Traveller as soon as possible and, if reasonably possible, offer an appropriate alternative solution.

ARTICLE 10. | PRICE CHANGE

10.1The prices can only be increased after the conclusion of the Agreement if and insofar as this has been expressly agreed. In addition, for a Trip, a price increase must explicitly specify how the price revisions should be calculated and that the Traveller is entitled to a price reduction under paragraph 5.

10.2Price increases as part of a Trip are only allowed as a direct result of changes in the amount of taxes or fees on the travel services included in the Agreement, which are levied by third parties not directly involved in the execution of the Trip, including tourist taxes.

10.3If the price increase exceeds 8% of the price of the Trip, articles 11.2 to 11.5 apply.

10.4Regardless of its size, a price increase as part of a Trip is only possible if Packraft Trip informs the Traveller by email or post and in a clear and understandable manner no later than twenty days before the start of the Trip, stating the reasons for that price increase and a calculation thereof.

10.5If the Trip Agreement provides for the possibility of price increases, the Traveller is entitled to a price reduction corresponding to any decrease in the costs referred to in paragraph 2 that occurs after the conclusion of the Agreement and before the start of the Trip.

10.6In the event of a price reduction, Packraft Trip has the right to deduct the administrative costs actually incurred from the reimbursement due to the Traveller. Packraft Trip proves these administrative costs at the request of the Traveller.

ARTICLE 11. | CHANGING A TRIP BY PACKRAFT TRIP

11.1Packraft Trip can only unilaterally change the terms of a Trip Agreement, with the exception of price changes as referred to in article 10, before the start of the Trip if:

a) it is an insignificant change; and

b) Packraft Trip informs the Traveller of this in a clear, understandable and eye-catching way via a durable data carrier.

11.2If Packraft Trip is forced to significantly change one of the main features of the Trip before the start of the Trip or fails to meet the Traveler's special wishes that Packraft Trip has addressed, or proposes to increase the price of the Trip by more than 8% in accordance with article 10.3, the Traveler may within a reasonable period of time determined by Packraft Trip:

a) accept the proposed change; or

b) terminate the Agreement without payment of the cancellation costs as referred to in article 8.

11.3Packraft Trip immediately informs the Traveller in a clear, understandable and eye-catching way via a durable data carrier of:

(a) the changes proposed in paragraph 2 and, where appropriate, in accordance with paragraph 4, their effect on the price of the Trip;

b) a reasonable period of time within which the Traveller must inform Packraft Trip of its decision under paragraph 2;

c) the consequences of the fact that the Traveller was unable to respond within the period referred to in section b;

d) where applicable, the replacement Trip offered and its price.

11.4If the changes to the Trip referred to in paragraph 2 or the replacement Trip referred to in paragraph 3 (d) result in a decrease in the quality or cost of the Trip, the Traveller is entitled to an appropriate price reduction.

11.5If the Trip is terminated under paragraph 2 (b) and the Traveller does not accept a replacement Trip, Packraft Trip will refund all amounts paid by or on behalf of the Traveller to the Traveller immediately and in any case no later than fourteen days after the Agreement has ended. Articles 19.2 to 19.9 apply mutatis mutandis.

11.6Insignificant changes within the meaning of paragraph 1 include, but are not limited to, changes in activity providers, changes in accommodation where the new accommodation is of comparable quality, location and price, and changes that otherwise have no significant effect on the Trip. Packraft Trip does not offer compensation or refund for minor changes.

ARTICLE 12. | AMENDMENT OF THE AGREEMENT BY THE TRAVELER

Changing the Agreement at the request of the Traveller is only possible if Packraft Trip expressly agrees. If the change leads to a higher price of the Trip or involves other costs, this increase or these other costs will be borne by the Traveller.

ARTICLE 13. | RENTAL OF GOODS

13.1An Agreement concerning the rental of goods is entered into for the term expressly agreed in Writing and ends by operation of law upon expiry of this term.

13.2Premature cancellation by the Traveller of an Agreement concerning rentals is not possible, or at least the Traveller will still owe the full agreed rental price. Earlier return is possible, but without any remission or refund being applied.

13.3The Traveller declares that he has received the Rented Item in the condition in which the Rented Item was delivered to him. Except for normal wear and tear, the Traveller must keep the Rented Item in the same condition as the Rented Item was delivered to him during the period that the Rented Item is available to him.

13.4The Traveller must only use the Rented Property in accordance with the destination of the Rented Property. Use of the Rented Property is entirely at the Traveler's own responsibility and risk.

13.5The Traveller will take care of the Rented Property as a good tenant. The Traveller is at all times obliged to provide Packraft Trip or a representative authorized by him with free access to the location where the Rented Property is located in order to have the condition of the Rented Property inspected.

13.6If Packraft Trip provides the Traveller with instructions regarding the use of the Rented Property, the Traveller is obliged to strictly observe these instructions.

13.7The Traveller is not allowed to sublease the Rented Property or otherwise make it available to third parties.

13.8Total or partial renouncement or transfer of use of the Rented Property for free or for consideration, or otherwise, is not permitted. Without prejudice to the provisions of the previous sentence, the Traveller in any case bears the responsibility and risk for the conduct of the person (s) to whom the Traveller may have transferred or left the actual control over the Rented Property in whole or in part, for a shorter or longer period of time.

13.9If a defect occurs in or in the Rented Property during the term of the Agreement, Traveler must report this immediately to Packraft Trip. The Traveller is not allowed to repair defects and/or carry out repairs to the Rented Property himself. If defects in or to the Rented Property are not reported directly or at all to Packraft Trip, the Traveller is fully liable for the resulting damage, without prejudice to the provisions of the rest of these general terms and conditions.

13.10In the event of theft, loss or damage to the Rented Property, the Traveller is obliged to notify Packraft Trip immediately.

13.11The Traveller indemnifies Packraft Trip against all third-party claims, of whatever nature, related to the use of the Rented Property.

13.12In the event of loss, loss, alienation, theft or embezzlement of the Rented Property, the Traveller is obliged to compensate Packraft Trip for the damage suffered as a result, provided that any damage to a rented packraft or accessories, caused during normal use, without the user of the Rented Property being blamed for this, is at the expense and risk of Packraft Trip.

Return and damage

13.13The return of the Rented Property must take place no later than the day the Agreement ends. In the event of late return, the Traveller owes a penalty of 200% of the rental rate charged by Packraft Trip per 24 hours for the item in question until the day of return, all without prejudice to Packraft Trip's right to claim full compensation, including the costs of recovering the Rented Item (s).

13.14Until the Rented Item is actually made available to Packraft Trip again after the end of the Agreement, all risk of loss and damage to the Rented Item is borne by the Traveller, even insofar as the Rented Item, whether or not with Packraft Trip's permission, is actually entirely or partially under the control of a third party. If, except for normal wear and tear and subject to the provisions of paragraph 12, the Rented Item is returned to Packraft Trip in a condition lower than that in which it was made available to the Traveller at the start of the rental, the Traveller is liable for all repair costs incurred by Packraft Trip, without prejudice to Packraft Trip's right to claim loss of rental and compensation for any other damage.

13.15If, upon returning the Rented Item, it is not immediately checked for damage by or on behalf of Packraft Trip, Packraft Trip will still do this within 72 hours of the return. The damage related to any defects found in the Rented Property for which the Traveller is liable under these general terms and conditions will be borne by the Traveller.

ARTICLE 14. | PRICES AND PAYMENT TERMS

14.1At the latest when the Agreement is concluded, the total price will be stated, including taxes and other costs. Other costs do not include costs that are not inextricably linked to the Trip offered, such as the costs of additional (travel) services or other services provided or performed by Packraft Trip or third parties at the Traveler's request. The latter costs are additionally borne by the Traveller.

14.2The published prices are based on the prices, duties and taxes known to Packraft Trip at the time of their publication.

14.3The Traveller must pay the full agreed price when the Agreement is concluded.

14.4Packraft Trip is not obliged to further implement the Agreement until all amounts already owed by the Traveller have been paid.

14.5Payments must be made in the manner specified by Packraft Trip and at the time specified for this purpose or within the payment period specified by Packraft Trip. In the event of an overbooking, Packraft Trip uses a standard payment period of 14 days after the invoice date, but may differ from this in individual cases.

14.6If timely payment is not made, the Traveller's default will take effect by operation of law and Packraft Trip reserves the rights as referred to in article 21. From the day that the Traveller's default occurs, the Traveller will then owe applicable statutory interest. The statutory interest is calculated up to and including the day that the full outstanding payment has been made.

14.7All reasonable costs, including judicial, extrajudicial and execution costs, incurred in obtaining the amounts owed by the Traveller to Packraft Trip are borne by the Traveller.

ARTICLE 15. | WEATHER CONDITIONS, WATER LEVELS AND FORCE MAJEURE

15.1Packraft Trip organises its activities in a natural environment where weather conditions, water levels and other safety factors play a decisive role. These circumstances are unpredictable and may affect the safe and responsible execution of the booked activity.

  15.2If, in the opinion of Packraft Trip, the water level, weather conditions, a boating ban or other safety conditions are not suitable for the safe execution of the activity, Packraft Trip reserves the right to:

a. moving the activity to another date;
b. moving the activity to another suitable location;
c. to adjust the route, distance or content of the activity;
d. offering an equivalent alternative; or
e. to issue a voucher (voucher) for a future booking.

  15.3Packraft Trip informs the participant about a change as soon as possible via email, WhatsApp or another electronic means of communication.

If reasonably possible, the participant will receive this information no later than 12 hours before the scheduled start of the activity.

If the weather conditions, water level, a boating ban or other safety conditions change unexpectedly within this period, Packraft Trip also reserves the right to inform the participant within 12 hours before the start or immediately prior to the activity and to change, move or postpone the activity if this is necessary for the safety of the participants or to comply with legal regulations or instructions from the competent authorities.

15.4A change as referred to in this article, unless there is a significant change in a main feature of the Trip as referred to in article 11, is considered a reasonable execution of the Agreement. Packraft Trip will make every effort to offer an appropriate and, if reasonably possible, equivalent alternative so that the Traveller can experience the booked Trip at a later time, at a different location or in an adapted form.

15.5Force majeure includes but is not limited to: extreme weather conditions, water levels that are too low or too high, official navigation bans, natural disasters, government measures, emergencies and all other circumstances over which Packraft Trip cannot reasonably influence.

ARTICLE 16. | CHANGES DUE TO WEATHER, WATER AND SAFETY CONDITIONS

16.1If the execution of the Trip or part of it cannot take place safely or responsibly due to weather conditions, water levels, a boating ban, natural disasters, government measures or other safety circumstances, Packraft Trip is entitled to change the route, location, schedule, duration or content of the Trip, provided that these changes do not significantly change a main feature of the Trip.

16.2In a situation as referred to in paragraph 1, Packraft Trip will make every effort to offer an appropriate and, if reasonably possible, equivalent alternative. Among other things, you can choose:
a. an adapted route or activity;
b. another suitable location;
c. a different date; or
d. a voucher for a future booking.

16.3If the necessary change is a significant change to a main feature of the Trip, the provisions of article 11 apply in full.

16.4Packraft Trip is not liable for travel, accommodation, cancellation or other consequential costs incurred by the Traveler that result from circumstances as referred to in article 15, unless Packraft Trip is intentional or wilful recklessness or mandatory law states otherwise.

16.5If Packraft Trip and the Traveller agree to issue a voucher, it is valid for 36 months from the date of issue. The voucher is transferable to third parties and can be used to re-book any activity offered by Packraft Trip, subject to availability. The voucher is not redeemable for cash.

ARTICLE 17. | TRANSFER OF A TRIP

1. No later than seven days before the start of the Trip, or in such time that the necessary actions and formalities can still be performed, the Traveller may transfer his legal relationship with Packraft Trip to a third party that meets all the terms of the Agreement, provided that the terms of the service providers involved in carrying out the Trip do not preclude the transfer.

2. In the event that the transfer request cannot be granted, Packraft Trip will inform the Traveler with reasons.

3. The transfer takes place by an appropriate agreement with the third party and Written notification thereof by the transferring Traveller to Packraft Trip. The transferring Traveller and the third party are jointly and severally bound to pay the remaining part of the travel sum and for any additional fees, surcharges and other costs resulting from the transfer. Packraft Trip informs the person transferring the Trip of the actual costs of the transfer. These costs must not be unreasonable and do not exceed the actual costs that Packraft Trip will incur as a result of the transfer. Packraft Trip provides the person transferring the Trip with supporting documents of the additional fees, surcharges and other costs resulting from the transfer.

ARTICLE 18. | COMPLIANCE AND COMPLAINTS WITH TRIPS

18.1Packraft Trip is responsible for the performance of the travel services that form part of the Trip, regardless of whether these services are provided by Packraft Trip or other service providers.

18.2The Traveller shall immediately inform Packraft Trip, taking into account the circumstances of the case, of any non-compliance that he found while performing a travel service included in the Trip. “Non-compliance” means that the travel service does not comply with the agreed agreements.

18.3If one or more travel services are not performed in accordance with the Trip, Packraft Trip will remedy the non-compliance unless:

a) is impossible; or

b) involves disproportionate costs, taking into account the degree of non-compliance and the value of the travel services concerned.

18.4If Packraft Trip does not remedy the non-compliance by invoking paragraph 3 (a) or (b), article 19 applies.

18.5Without prejudice to the exceptions in paragraph 3, if Packraft Trip does not remedy the non-compliance within a reasonable period of time determined by the Traveller, the Traveller has the option to do so himself and request reimbursement of the necessary expenses. If Packraft Trip refuses to remedy the non-compliance or if it needs to be remedied immediately, the Traveller does not have to set a deadline.

18.6If a significant part of the travel services, including the return of the Traveller to the place of departure, cannot be performed as agreed, Packraft Trip will offer, at no additional cost to the Traveller, suitable alternative arrangements of, if possible, equivalent or higher quality than those specified in the Agreement for the purpose of continuing the Trip. If the proposed alternative arrangements result in a Trip of lower quality than specified in the Trip, Packraft Trip will provide the Traveller with an appropriate price reduction.

18.7The Traveller can only reject the proposed alternative arrangements as referred to in the previous paragraph if they are not comparable to what was agreed in the Trip, or if the price reduction granted is insufficient.

18.8If the non-compliance has significant consequences for the execution of the Trip and Packraft Trip has not remedied it within a reasonable period of time determined by the Traveller, the Traveller may terminate the Trip without paying the cancellation fees as referred to in article 8 and, where appropriate, request a price reduction and compensation in accordance with article 17. If alternative arrangements cannot be offered or the Traveller rejects them in accordance with paragraph 7, the Traveller is entitled, where appropriate, to a price reduction or compensation in accordance with article 17, even without termination of the Trip. If the Trip includes passenger transport, Packraft Trip also provides, in the cases referred to here, for immediate repatriation of the Traveller with equivalent transport and at no additional cost to the Traveller.

18.9If, due to unavoidable and extraordinary circumstances, the Traveller's return as agreed cannot be arranged, the cost of the necessary accommodation, if possible of an equivalent category, for a maximum of three nights per Traveller will be borne by Packraft Trip.

18.10The cost limitation described in paragraph 9 does not apply to persons with reduced mobility within the meaning of Article 2 (a) of Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 on the rights of disabled people and persons with reduced mobility travelling by air (PbEU, L 204), nor to persons accompanying them, pregnant women, unaccompanied minors and persons requiring specific medical assistance, provided that Packraft Trip is informed at least 48 hours before the start of the Trip based on their special needs.

ARTICLE 19. | COMPENSATION FOR NON-COMPLIANCE WITH TRIPS

19.1The Traveller is entitled to an appropriate price reduction for each period in which there was a non-conformity as referred to in the previous article, unless Packraft Trip proves that the non-conformity is attributable to the Traveller.

19.2The Traveller is entitled to appropriate compensation from Packraft Trip for all damage suffered by the Traveller as a result of non-compliance, unless Packraft Trip proves that the non-compliance is due to:

a) the Traveller;

b) a third party who is not involved in the performance of the travel services included in the Trip and the non-compliance could not be foreseen or prevented; or

c) unavoidable and extraordinary circumstances.

19.3Compensation will be paid immediately.

19.4If an international treaty to which the European Union is a party limits the terms under which service providers who provide travel services that form part of a Trip must pay compensation, or the amount of such compensation, those limits also apply to Packraft Trip. If an international treaty to which the European Union is not a party but the Netherlands sets limits on compensation that must be paid by a service provider, those limits also apply to the compensation that must be paid by Packraft Trip.

19.5Without prejudice to the provisions of paragraph 4, Packraft Trip cannot exclude or limit its possible liability for damage in the context of a Trip if the damage:

a) consists of personal injury to the Traveller; or

b) was caused by intentional or negligent actions on the part of Packraft Trip.

19.6In the context of Trips, this applies to damage other than those referred to in paragraph 5, Packraft Trip's liability is limited to three times the travel price.

19.7The limitation period for filing a claim for compensation in connection with a Trip is two years.

19.8The compensation or price reduction under these general terms and conditions will be offset against each other.

ARTICLE 20. | HELP AND ASSISTANCE

20.1Packraft Trip is obliged to provide immediate assistance and assistance to the Traveller if the Traveller is in difficulty, including the circumstances referred to in article 18.9, in particular by:

a) providing good information about medical services, local authorities and consular assistance;

b) assisting the Traveller in using remote communication and finding alternative travel arrangements.

20.2If the difficulties are the result of intent or negligence on the part of the Traveller, Packraft Trip may charge reasonable compensation for the assistance and assistance provided. Under no circumstances does this reimbursement exceed the actual costs for Packraft Trip.

20.3Packraft Trip will help find medical care if necessary, but cannot be held liable if such medical care cannot be found or is not effective.

ARTICLE 21. | VZR GARANT GUARANTEE SCHEME (VGZ Garant number: 134659)

To comply with the statutory warranty, Packraft Trip 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 (available on the VZR Garant website), VZR Garant's warranty applies. The Guarantee Scheme explains exactly which (travel) offer the VZR Garant guarantee applies to and what this guarantee includes. If services are not provided due to Packraft Trip's financial incapacity, 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.

ARTICLE 22. | LIABILITY IN GENERAL

22.1Packraft Trip's liability exists only to the extent provided for in these terms and conditions. The foregoing does not affect Packraft Trip's legal rights.

22.2Packraft Trip is not liable for damage as a result of incorrect or incomplete information provided by the Traveller.

22.3Packraft Trip is not liable for printing or typing errors on its website, in its brochures, offers, promotional materials or other communications.

22.4Packraft Trip is not liable for damage due to death or injury (caused by third parties or wild animals), damage as a result of crime committed by third parties, delays, strikes, changes in transport, transport cancellations due to terrorist attacks, weather conditions, natural disasters, carrier bankruptcies or other forms of force majeure, Packraft Trip is not liable, without prejudice to the provisions of articles 18, 19, 20 and 21.

22.5Without prejudice to the provisions of articles 18, 19, 20 and 21, Packraft Trip is not liable for indirect damage, including lost profit, damage as a result of theft, loss of property or injury or accident suffered by or caused to the Traveller. Also, subject to the provisions of articles 18, 19, 20 and 21, no liability is accepted for damage caused by using any accommodation or means of transport used during the travel period. Nor is Packraft Trip liable for damage caused by the Traveller's unauthorized or unlawful behavior during the travel period.

22.6Packraft Trip is not liable for possible damage due to misconduct such as, but not limited to, aggression and drunkenness caused by the Traveller. If the Traveller is refused or removed from an accommodation or means of transport as a result of misconduct or failure to follow staff instructions, this is at the Traveller's own expense and risk. Packraft Trip does not provide a refund in these cases.

22.7Packraft Trip is not liable for loss of coins and loss or damage to tradable documents, gold, silver, jewelry, artifacts or other items of value.

22.8Packraft Trip is not liable for damage covered by any of the Traveller's insurance, such as health, travel or cancellation insurance.

22.9Without prejudice to the provisions of articles 18, 19, 20 and 21, Packraft Trip's liability is limited to a maximum of the invoice value of the Agreement, or at least that part of the Agreement to which Packraft Trip's liability relates.

ARTICLE 23. | SUSPENSION AND DISSOLUTION

23.1Packraft Trip is authorized to suspend the further execution of the Agreement if and for as long as the Traveller fails to fulfil his (payment) obligations under the Agreement (including the provisions of these general terms and conditions).

23.2Packraft Trip is authorized to terminate the Agreement in whole or in part with immediate effect if the Traveller does not, does not timely or not fully fulfil its obligations under the Agreement, unless the Traveller's shortcoming, given its special nature or minor importance, does not reasonably justify this termination with its consequences. If the fulfillment of the Traveller's obligations in respect of which he is deficient is not permanently impossible, the right to terminate will only arise after the Traveller has been given notice of default in Writing by Packraft Trip, which notice of default specifies a reasonable period within which the Traveller can (still) fulfill his obligations and compliance has still failed after the latter period has expired. The provisions of the previous sentence do not apply if Packraft Trip must deduce from a notice from the Traveller that the Traveller will fail to comply, in which case a notice of default is pointless and the dissolution can take place without notice of default.

23.3Unless the Traveller has already fully fulfilled his (future) payment obligations towards Packraft Trip, Packraft Trip is entitled to terminate the Agreement in whole or in part with immediate effect if the Traveller is bankrupt, his goods have been seized or otherwise cannot freely dispose of his assets.

23.4Furthermore, Packraft Trip is entitled to terminate the Agreement in whole or in part if circumstances occur that are of such a nature that compliance with the Agreement is impossible or if it cannot reasonably be expected to maintain it unchanged.

23.5The Traveller never claims any form of compensation in connection with the right of suspension and/or termination exercised by Packraft Trip under this article.

23.6If the reason that led to the suspension or termination of the Agreement can be attributed to the Traveler (which only in the case of paragraph 4 does not always have to be the case), Packraft Trip claims compensation against the Traveler for the damage that Packraft Trip suffers as a result.

23.7If Packraft Trip terminates the Agreement under this article, any outstanding claims against the Traveler are immediately due and payable and Packraft Trip, if and insofar as the Agreement provides for rental, without prejudice to its other rights, is authorized to immediately retrieve the Rented Property.

ARTICLE 24. | PHOTOS AND VIDEOS

With the explicit permission of the persons to be portrayed, Packraft Trip is allowed to take photos and/or videos and post them for commercial purposes on, for example, its website, in brochures or on its social media channels. This consent can be revoked at any time, without prejudice to the lawfulness of the processing prior to withdrawal of consent.

ARTICLE 25. | FINAL PROVISIONS

25.1Packraft Trip is entitled to transfer its rights and obligations under the Agreement to a third party at any time, for example in the event of a change in its legal form.

25.2Each Agreement and all legal relationships arising therefrom between the Parties are exclusively governed by Dutch law.

25.3Before appealing to court, the Parties are obliged to make every effort to settle disputes by mutual agreement.

25.4Only the competent court within the district of the Oost-Brabant District Court is appointed in the first instance to hear any judicial disputes between the Parties, without prejudice to Packraft Trip's right to appoint another court competent by law. However, the Traveller is entitled to choose the court competent by law within one month after Packraft Trip has announced in Writing that he wishes to sue in the court appointed by him.