General Terms and Conditions (EN) ArnhemLife
Content
Article 1 – Definitions
Article 2 – Company details ArnhemLife
Article 3 – Applicability
Article 4 – The offer
Article 5 – Payment
Article 6 – The execution of the agreement
Article 7 – Cancellation
Article 8 – Liability
Article 9 – Force majeure
Article 10 – Intellectual property
Article 11 – Applicable law
Privacyverklaring ArnhemLife
Article 1 – Definitions
In these general terms and conditions, the following definitions shall apply:
1. ArnhemLife: defined in article 2 of these general terms and conditions;
2. Other Party: the (legal) entity with which ArnhemLife concludes or intends to conclude an agreement;
3. Consumer: a natural person not acting in the course of a profession or business;
4. Parties: ArnhemLife and the Other Party;
5. Written/in Writing: put in writing; by post, email or other electronic means;
6. Third Party/Parties: (legal) persons other than ArnhemLife or the Other Party;
Article 2 – Company details ArnhemLife
Company name: ArnhemLife
Street name and number: Sonsbeeksingel 27-2
Zip code and place of business: 6814 AB Arnhem
Telephone number: 0613368877
E-mail address: info@arnhemlife.nl
IBAN: NL85 RABO 0308 68 0073
Chamber of Commerce number: 64631338
VAT number: NL001882964B73
Article 3 – Applicability
1. These General Terms and Conditions apply to any offer and any contract concluded between ArnhemLife and the Other Party.
2. Please note that this is a translated version of the Dutch ‘Algemene Voorwaarden’ from ArnhemLife. The interpretation of these General Terms and Conditions will always be determined by the Dutch version. Dutch law is applicable. You can find the Dutch version on www.arnhemlife.nl/algemene-voorwaarden-arnhemlife/?lang=nl or
request a copy by sending an e-mail to info@arnhemlife.nl.
3. If any provision of the General Terms and Conditions or an agreement proves to be void or is voided, this will not affect the validity of the entire General Terms and Conditions or agreement. The Parties will consult to agree on a new provision to replace the void or voided provision, taking into account as far as possible the purpose and meaning of the void or voided provision.
4. Unless expressly agreed otherwise and in writing, the applicability of other general terms and conditions is excluded.
5. Deviations or additions to these General Terms and Conditions shall only be valid if agreed in Writing.
Article 4 – The offer
1. If a Written offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer. An oral offer lapses if it is not immediately accepted.
2. The amounts mentioned are in euros (€) and include VAT and other levies, unless otherwise indicated.
3. A composite quotation does not oblige ArnhemLife to perform part of the quoted services for a corresponding part of the quoted amount.
4. Obvious mistakes or obvious errors regarding, for example, stated amounts are not binding on ArnhemLife.
5. Pictures of tours on the ArnhemLife website are indicative and promotional. ArnhemLife does not guarantee that the tour includes all the locations shown. For more information about the tours, the Other Party should contact ArnhemLife.
6. The Other Party must ascertain for itself whether a tour is suitable for the intended participants, especially if an intended participant has poor(er) mobility. To this end, the Other Party can request information about the tour from ArnhemLife.
Article 5 – Payment
1. After the offer has been accepted, ArnhemLife will bill the Other Party for the agreed total price.
2. The payment term for ArnhemLife’s invoices is fourteen (14) calendar days. This is a strict deadline.
3. The agreed total price must be paid in full at the latest before ArnhemLife executes the agreement. ArnhemLife is entitled to suspend or dissolve the agreement if the total price is not paid before the date on which the tour is due to take place.
Article 6 – The execution of the agreement
1. ArnhemLife is entitled to engage Third Parties for the execution of the agreement. ArnhemLife never guarantees that a tour will be carried out by a specific guide and is always entitled to have the tour carried out by a guide other than that communicated in advance, unless the Parties have expressly agreed that the Other Party will only purchase the tour if it is led by a specific guide.
2. The effect of Article 7:404 BW (Dutch Civil Code) and Article 7:407 paragraph 2 BW is excluded.
3. The Parties may agree changes or additions to the services agreed upon by ArnhemLife. In that case ArnhemLife will charge its usual rates for that additional work, unless the Parties agree otherwise.
4. The Other Party is responsible for ensuring that the participants in a tour have the correct clothing, gear and other necessities with them. Food and beverages are only included if agreed upon in advance.
Article 7 – Cancellation
1. A Consumer may unilaterally dissolve an agreement concluded at a distance without giving reasons until a period of 14 (fourteen) days has elapsed after the day on which the agreement was concluded. This right to cancel expires in any case after the agreement has been executed.
2. If the Other Party wishes to cancel the contract (other than as referred to in the previous paragraph), ArnhemLife will charge the following amounts for cancellation:
a. Up to fourteen days or earlier before date of tour: 15% of the total amount;
b. Up to 48 hours before date of tour: 50% of the total amount;
c. Up to less than 48 hours before the start of the tour: 100% of the total amount.
3. Even if the Other Party fails to appear at the commencement of the tour without having cancelled the tour, 100% of the total amount remains due.
4. Even if it appears that fewer participants (may) be present than previously agreed, the agreed price will be maintained and ArnhemLife will not owe any (partial) refund.
5. Weather conditions are not a valid reason for the Other Party to cancel a tour free of charge. ArnhemLife is entitled to cancel the tour itself if the weather conditions compel it to do so at its own discretion. In that case the total amount paid will be refunded in full.
Article 8 – Liability
1. ArnhemLife’s total liability is limited to compensation for damages up to the amount of the invoice amount (excluding VAT) stipulated for that agreement. Not limited is liability for damage resulting from intent or deliberate recklessness on the part of ArnhemLife.
2. Under no circumstances will the total compensation for damages exceed the amount to be paid by ArnhemLife’s liability insurance.
3. The Other Party itself is responsible and liable for the conduct and actions of its tour participants. ArnhemLife accepts no liability whatsoever in this respect. The Other Party indemnifies ArnhemLife against claims from Third Parties who have suffered damage as a result of the conduct or actions of participants of the Other Party.
4. ArnhemLife is not liable for direct or indirect damage to persons or property of participants or Third Parties, except in the case of intent or conscious recklessness on the part of ArnhemLife.
5. A condition for any right to compensation is always that the Other Party reports the damage in writing to ArnhemLife as soon as possible after it arises. Any claim for damages against ArnhemLife expires by the mere expiry of twelve months after the claim arose.
6. ArnhemLife is not liable for damage caused by auxiliary persons as referred to in article 6:76 BW (Dutch Civil Code).
7. ArnhemLife is not liable for damages of whatever nature caused by ArnhemLife’s reliance on incorrect and/or incomplete information provided by the Other Party.
8. ArnhemLife’s liability for damages of any kind is excluded if the Other Party is not a Consumer.
Article 9 – Force majeure
1. In addition to and in compliance with the provisions of article 6:75 BW (Dutch Civil Code), a failure on the part of ArnhemLife to comply with any obligation to the Other Party cannot be attributed to ArnhemLife in the event of default on the part of suppliers or other Third Parties, breakdowns of a technical nature, failure of vehicles used to transport the Other Party, sickness, absence and/or disability of guides and consequences of pandemics/epidemics including but not limited to a pandemic caused by SARS-CoV-2 (‘the coronavirus / COVID-19’).
2. If a situation as referred to in paragraph 1 of this article arises as a result of which ArnhemLife cannot fulfill its obligations to the Other Party, those obligations will be suspended. If the situation referred to in the previous sentence has lasted 30 (thirty) calendar days, both Parties are entitled to dissolve the contract in Writing, partially
or in full. ArnhemLife is in that case not obliged to compensate any damage, even if ArnhemLife enjoys any advantage as a result of the force majeure situation.
Article 10 – Intellectual property
1. The Other Party grants permission to ArnhemLife to make visual material of the tours and use it for promotional/commercial purposes. If the Other Party or specific participants of tours do not wish to appear on this visual material, they should expressly notify ArnhemLife accordingly.
2. ArnhemLife is entitled to use the name and logo of the Other Party as a reference or for promotional/commercial purposes. The Other Party indemnifies ArnhemLife for claims by Third Parties regarding intellectual property rights.
3. If ArnhemLife has copyright in a portrait commissioned by the Other Party, the Other Party gives ArnhemLife permission to disclose the work. Such publication is therefore not an infringement of the Other Party’s portrait right.
Article 11 – Applicable law
1. Agreements between ArnhemLife and the Other Party to which these General Terms and Conditions relate are governed exclusively by Dutch law.
2. In the event that these General Terms and Conditions and the contract contain conflicting terms and conditions, the terms and conditions contained in the contract shall prevail.
3. All disputes related to agreements between the Other Party and ArnhemLife will be settled by the competent court of the District Court of Gelderland, location Arnhem.
Last updated on 14 August 2024
Privacy statement ArnhemLife
If ArnhemLife processes personal data on your behalf in the performance of the contract, the following terms and conditions apply in addition to the General Terms and Conditions. This privacy statement applies to visitors to the ArnhemLife websites, customers of ArnhemLife and their relations, visitors to ArnhemLife events and all persons whose personal data ArnhemLife processes with the exception of persons employed by ArnhemLife. The terms used in this statement have the meanings given to them by the General Data Protection Regulation (hereinafter GDPR) or by case law. ArnhemLife reserves the right to modify this privacy statement. Adjustments will be applied directly in this document. The current privacy statement was updated on June 29, 2018.
Processing of personal data
ArnhemLife is the data controller with respect to personal data obtained or generated through the websites www.arnhemlife.nl, email, SMS and by phone. The personal data processed by ArnhemLife are (a) personal data that you have provided directly or indirectly through the aforementioned websites, email, text message, telephone or otherwise, (b) personal data generated through the receipt of electronic messages sent by us or your use of the websites or similar applications, (c) personal data provided by you in the performance of the contract. Examples of personal data you provide to us are: first name, last name, address, zip code, city, email address and phone number. Examples of personal data generated are: IP address, surfing behavior and other data about the use of the websites.
Purposes of processing personal data
ArnhemLife will allow the processing of personal data only in the context of the performance of the agreement, plus those purposes related to it or determined with the consent of the data subject. You, as the client, agree to maintain a data processing register to the extent required by the GDPR. You shall indemnify ArnhemLife against all claims and demands relating to failure to comply or to comply properly with this register requirement. By completing the contact form, you give us permission to contact you to make an appointment or to send you targeted information. ArnhemLife has an interest in keeping this data in order to reach you and will keep the personal data as long as necessary for the above purposes or as long as necessary to comply with laws and regulations. You have the option to subscribe to our newsletter through the contact form, the registration forms on the websites, email, telephone or other means of communication. Unsubscribing from the newsletter can be done through the link at the bottom of the newsletter or by sending an email.
Distribution of responsibility
For processing of personal data, including processing for purposes not notified by you to ArnhemLife and processing by third parties, ArnhemLife is not responsible. It is your responsibility that the use and commissioning of processing of personal data is not unlawful and does not infringe any (privacy) rights of third parties. If corporate clients do not comply with this aforementioned guarantee, they shall indemnify ArnhemLife for all claims of third parties resulting from this. This also applies to those who process personal data under the authority of the client, such as employees or third parties engaged by them.
Changes/transfer of personal data
ArnhemLife cooperates with certain companies. These partners may obtain your personal data, they will only use it for the execution of the event and to provide you with tailored information. As the client, you give ArnhemLife permission to process personal data in countries outside the European Economic Area, subject to the relevant laws and regulations.
If partners are located outside the European Economic Area, we will always ask for your consent before they receive your personal data. ArnhemLife will respond directly to the data subject, which receives personal data from ArnhemLife, if ArnhemLife is required to do so by law or the contractor has an independent responsibility in this respect based on the GDPR. ArnhemLife is entitled to charge you for the costs of responding to requests from data subjects.
Engagement of sub-processors
You as the client hereby authorize ArnhemLife to engage sub-processors, in the context of the contract and the personal data processing that comes with it. Upon request, ArnhemLife will inform you which sub-processor it is engaging. If ArnhemLife engages a new subprocessor to process personal data, ArnhemLife will inform you of this within two weeks.
Inspection of personal data
Every individual has the right to access, correct, supplement, delete and block his or her personal data. If someone wishes to exercise any of these rights, or if the data subject has any questions about this privacy statement, that person can reach ArnhemLife by phone +31613368877 and by email: info@arnhemlife.nl. If you have a complaint about how ArnhemLife processes your personal data, you may contact ArnhemLife by emailing info@arnhemlife.nl or calling +31613368877. If that does not lead to a solution you can always contact the Dutch Personal Data Authority (Autoriteit Persoonsgegevens)
(https://www.autoriteitpersoonsgegevens.nl/).