GENERAL TERMS AND CONDITIONS INCENTIVES AND BUSINESS EVENTS (model site)

Article 1. Applicability

1. These general terms and conditions of provision of service apply to all
commitments, either under agreement, or the law, between Ducktrail at Wormer,
hereinafter referred to as the organiser on the one hand and the client or third
parties (such as for example the participants invited by those) on the other
hand, to which the organiser states these terms and conditions to apply.
2. These terms and conditions also apply for the purpose of servants or agents
or employees of the organiser.
3. The applicability of the general terms and conditions applied by the client
is expressly excluded.

Article 2. Service

The extent and the nature of the services to be rendered by the organiser are
exclusively determined by the offer made in writing by the organiser and
accepted by the client. Any alterations require the express written permission
from the organiser.
Apparent errors and mistakes in the offer do not bind the organiser.
The organiser is not responsible for photos, brochures and other informative
material, insofar as issued under the responsibility of third parties.

Article 3. Coming into effect

1. The agreement comes into effect by the acceptance by the client of the offer
of the organiser.
2. The offer of the organiser is without obligation and can if necessary be
withdrawn by the organiser. Withdrawal must take place as soon as possible, but
no later than within 2 working days from the acceptance by client.
3. The client provides prior to or at the concluding of the agreement or as soon
as possible thereafter all details concerning himself and the other
participant(s) that are necessary for a proper execution of the agreed services.
4. Client is jointly and severally liable for all obligations that ensue for him
and for the participant(s) from the agreement.

Article 4. Price

1. The price, calculated on the basis of the programme proposal submitted with
the offer, applies per person in Euros, unless expressly agreed otherwise.
2. Any unforeseen (extra) expenditures will only be incurred after consultation
with the client and if possible will be charged on-site or as the case may be
subsequently at a later date by a separate invoice, increased with a further
surcharge specified in the agreement.
3. Prices for hospitality (lunches, drinks, etc.) where the VAT is not
offsettable against the end-user will be calculated without VAT.
4. The organiser has the right to increase the price in connection to changes in
the transport costs (including fuel costs), the duties owed and the applicable
exchange rates until 20 days prior to commencement of the trip or the event.
The organiser will thereby state in what manner the increase is calculated. If
all this leads to a price increase of 15% or more, the client has the right to
terminate the agreement and to reimbursement of the amounts paid in advance.
This right lapses 48 hours after the notification of the price increase has
reached him.
The client does not have the right to compensation.
5. The agreed price is excluding the taking care of the tour leaders and any
tips.
6. The subsequent calculation lapses when the total amount including VAT is
between
€ 15. - and € 15. - .

Article 5. Payment schedule

1. In order to secure the provision of service by the delivering service
providers such as carriers and providers of accommodation, the organiser must
timely oblige them toward him, and on the other hand subject himself to the
payment and cancellation conditions used by them. Therefore the following
payment terms apply
a. 50% of the total amount specified in the offer must be paid immediately on
acceptance of the offer;
b. the remainder (50%) of the total amount owed in that case must be paid no
later than 4 weeks from the departure date.
2. Payment must take place in the manner and currency set out in the offer or
invoice.
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3. The invoices referred to in subsection 2 of the previous article must have
been paid no later than within 15 days from the invoice date.
4. In case of late payment, the organiser can terminate the agreement upon
demand, in which case monies already paid will not be reimbursed and furthermore
the provisions of article 7 will apply mutatis mutandis.
5. Services received after the coming into effect of the agreement will be set
out in the final invoice. This also applies to the settlement of the number of
persons, drinks imbibed, etc. The drinks imbibed on-site will be paid by
Ducktrail and recharged to the client with a surcharge of 10%, this to cover
administration costs and loss of interest.

Article 6. Alterations by the client

1. Alterations in parts of the trip or the programme on the request of the
client will be carried out insofar as possible by the organiser. However, any
additional costs charged by the delivering service providers together with a
surcharge further specified in the offer will be charged extra.
2. Reduction in the number of participants in the trip or the programme will be
deemed to be a (partial) cancellation by the client to which article 7
subsection 2 applies.

Article 7. Cancellations

Unless otherwise agreed in writing, in case of cancellation by the client the
following provisions apply:
1. if the client cancels the agreement, the following immediately due and
payable amounts will be owed by the client to the organiser:
a. in case of cancellation up to 12 weeks prior to departure: 25% of the total
amount specified in the offer;
b. in case of cancellation from the 84th day (including) up to 4 weeks prior to
departure: 50% of the total amount specified in the offer;
c. in case of cancellation from the 28th day (including) prior to departure up
to one week: 75% costs of the total travel costs;
d. in case of cancellation from one week before departure; 100% costs as well as
the already invoiced amount as referred to in article 4 subsection 2.
2. If the client cancels the agreement with regard to one or more
participant(s), the above percentages multiplied by the travel costs per person
apply and furthermore multiplied by the number of cancelled participants.
If this has the result that the number of participants falls below the minimum
indicated in the offer, the organiser has the right to increase the travel costs
of the remaining participants. If the client rejects this increase, this
rejection will apply as cancellation of the agreement at the time that the
notification of the rejection reaches the organiser.
3. If a delivering service provider in case of cancellation does not charge or
charges a lower cancellation fee than would accrue to him contractually, the
organiser in turn will reduce its cancellation fee accordingly.

Article 8. Insurances

The organiser is prepared to act as an intermediary at the formation of the
necessary travel insurances and cancellation charges insurance. Organiser has
taken out car insurance, business liability insurance and driver and passenger
insurance. Damage to clothing and luggage can be recovered from the travel
insurance, if the client has taken this out.

Article 9. Documents/visas/vaccinations

1. The organiser, or those on behalf of the organiser, will provide the
information applicable to Dutch citizens with regard to passports, visas and any
information pertaining to health to the client no later than at the coming into
effect of the agreement.
2. The client must ensure that the participants are in the possession of the
necessary travel documents, such as passport, visa, vaccination papers etc. at
departure and during the trip.
3. If a participant cannot, or not entirely, make the trip due to lack of one of
the aforesaid documents, this will be fully on his account and that of the
client.
4. After the entering into effect of the agreement, the client will personally
acquire the necessary additional information from the authorities concerned and
also in time prior to departure, check if the information acquired earlier has
not been changed in the interim.

Article 10. Information in advance and ultimate responsibility

1. The information about the trip or the event given to the participants will be
taken care of by the client, but only after prior consultation with the
organiser. The organiser, if required, will take responsibility for taking care
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of written information about the trip schedule and the accommodation addresses
in a timely manner; these will be disseminated further by the client.
2. The management of the trip / during the event rests exclusively with the
representative of the organiser.

Article 11. Not going ahead/alteration due to serious circumstances

1. If the trip or event cannot go ahead due to serious circumstances, for which
the organiser cannot be blamed, the organiser will be obliged to promptly inform
the client thereof. This notification applies as termination of the agreement.
2. If the trip must be altered due to serious circumstances, for which the
organiser cannot be blamed, the organiser will be obliged to promptly inform the
client thereof while simultaneously stating any additional costs. The client
has, if it cannot reasonably be expected of him to continue with the trip, the
right in that case to terminate this agreement. This right lapses 48 hours after
the notification of this has reached him.
3. If this agreement is terminated in accordance with the aforesaid, the
organiser is obliged to reimburse the client forthwith for all monies already
paid, that the organiser still has under his control. He also undertakes to
recover the amounts already paid, and where possible to claim compensation from
any liable third parties for the damage suffered by the client and the
organiser. However, the organiser is not obliged toward client to any more than
that, except in the case of their own intention or gross negligence. In that
case he must reimburse all monies paid in advance.

Article 12. Liability of the organiser

1. If the trip or the event is not delivered in accordance with the plans and
other agreements reached, the organiser will be responsible toward the client
for the damage caused by this, unless the shortcoming in the fulfilment cannot
be attributed to him, or to the person of whose assistance he made use in the
performance of the agreement:
a. the shortcoming in the performance of the agreement can be attributed to the
client or the participant; or
b. the shortcoming in the performance of the agreement could not have been
foreseen or could not be eliminated and is attributable to a third party which
is not involved in the delivery of the services included in the trip or event;
or
c. the shortcoming in the performance of the agreement is attributable to an
occurrence that the organiser or those whose assistance he made use of in the
performance of the agreement, with due regard to all possible carefulness could
not foresee or remedy; or
d. the shortcoming in the performance of the agreement cannot be attributed to
him as a result of force majeure as referred to in article 13.
2. organiser does not accept liability vis-a-vis damage for which additional
insurance provides cover.

Article 13. Force majeure

In derogation from Section 75 Book 6 of the Dutch Civil Code, force majeure
includes abnormal and unforeseeable circumstances that are independent from the
will of those who rely on it and which, in spite of all precautionary measures,
cannot be avoided.

Article 14. Exclusions and limitation of liability of the organiser on the basis

of agreement or law (wrongful act)
1. When the organiser on the basis of agreement or law is liable for the damage
suffered by the client or the participant, his liability will be limited or
excluded in accordance with the applicable international treaty regarding
thereto.
2. The organiser does not accept liability for damage for which the usual
health/accident, travel and/or cancellation charges insurances tend to provide
cover.
3. The organiser does not accept liability for damage directly or indirectly
connected to the exercising of a profession or business.
4. If the organiser is liable for the loss of (travel) enjoyment of one or more
participants, the compensation per participant will amount to no more than once
the applicable price per person, unless there is intention or gross negligence
by the organiser. In that case his liability is unlimited.
5. Without prejudice to the provisions of the previous subsections of this
article, the liability of the organiser for damage caused other than death or
injury of the participant is limited to no more than thrice the price per
person, unless there is intention or gross negligence by the organiser. In that
case his liability is unlimited.
6. The exclusions and/or limitations of the liability of the organiser included
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in this article also apply for the benefit of employees of the organiser and
service providers involved, as well as their personnel, unless treaty or law
excludes this.
7. The organiser is not liable for damage caused by third parties hired by him.

Article 15. Indemnification by the client

The client indemnifies the organiser against claims by participants or other
third parties who are by or on behalf of the client involved in the trip or
event.

Article 16. Obligations of the participant

1. The participant(s) is/are obliged to comply with all instructions of the
organiser conducive to a good execution of the trip or the event and is/are
liable for damage caused by his/their unauthorised conduct, to be assessed
according to the standard of conduct of a correct participant. The client is
jointly and severally liable.
2. The participant who hinders or causes nuisance such that proper execution of
a trip or event is thereby to a large extent made difficult or could be made
difficult, can be excluded by the organiser from (continuing with) the trip or
the event, if it cannot be reasonably expected from the organiser that the
agreement be performed. All costs ensuing therefrom will be on the account of
the client.

Article 17. Complaints procedure, evaluation, lapse of right of claim

1. A shortcoming noticed in the performance of the agreement as referred to in
article 12, subsection 1 must be reported as soon as possible to the service
providers involved, so that he can take suitable measures. If the shortcoming is
not resolved within a reasonable period, and it affects the quality of the trip
or the event, this must be promptly reported to the representative of the
organiser.
If he is not present or accessible, than the participant must make contact
promptly with the organiser.
2. If a complaint is not satisfactorily resolved, this must be reported no later
than 2 weeks from return and preferably during the evaluation interview between
the client and the organiser.
3. Rights of claim on the basis of this agreement lapse two years after the end
of the trip (or, if the trip did not go ahead, one year after the original
departure date).

Article 18. Interest and collection charges

If the client does not fulfil a financial obligation toward the organiser on
time, interest of 1% over each month or part of a month of delay will be owed
over the outstanding amount. Furthermore, he will be obliged to pay
extrajudicial collection charges equal to 15% of the claim with a minimum of
€ 50.-.

Article 19. Termination in case of insolvency

This agreement will be terminated with immediate effect, if and as soon as the
client applies for moratorium, is declared bankrupt, after proper notice of
default fails to fulfil the expired notices or fails to provide the security, or
does so insufficiently, requested by the organiser at the coming into effect of
the agreement, for the timely performance. In that case the provisions of art. 7
will be applicable.