Article 1 Definitions 

In these general terms and conditions, the following terms are defined as:

1.  Activities:  All programs and events organized or offered by CLAP.ROCKS B.V., including sports recreation forms, services, or the provision of facilities by CLAP.ROCKS B.V. for the benefit of the client or participant.

2.  Client:  Any natural or legal person who enters into an agreement with CLAP.ROCKS B.V. for themselves or on behalf of others, or otherwise makes use of the services or activities of CLAP.ROCKS B.V.

3.  Participant:  Any natural person who participates or would participate in, or uses or would use, an activity or event of CLAP.ROCKS B.V.

4.  Representative of CLAP.ROCKS B.V.:  The person who acts on behalf of CLAP.ROCKS B.V. at an activity or event, including instructors and/or leaders.

5.  Supplier:  The person, not being the client, who supplies goods, services, or other monetarily valuable performances to CLAP.ROCKS B.V.

6.  The Management:  Those who are registered as directors of CLAP.ROCKS B.V. at the Chamber of Commerce in Eindhoven under number 83710507.

7.  Counterparty:  Both client, participant, and supplier.

Article 2 Applicability of Terms 

1. These terms apply to every offer and agreement between CLAP.ROCKS B.V. and a counterparty to which CLAP.ROCKS B.V. has declared these terms applicable, unless expressly agreed otherwise in writing.

2. These terms also apply to agreements with CLAP.ROCKS B.V. for the execution of which third parties must be involved by CLAP.ROCKS B.V.

3. The client and participants accept the applicability of these general terms by entering into an agreement with CLAP.ROCKS B.V., participating in an activity or event, or paying (part of) an amount due.

4. In the event of a conflict between these general terms and the general terms of the client, these general terms shall prevail unless expressly agreed otherwise in writing.

Article 3 Offers & Proposals 

1. Every offer or proposal from CLAP.ROCKS B.V. is merely a non-binding invitation to the client and participant to enter into an agreement with CLAP.ROCKS B.V. No rights can be derived from the offer or proposal if the product to which the offer or proposal relates is no longer available in the meantime.

2. Based on the wishes and/or objectives of the client or participant, a maximum of two program proposals containing price indications, program descriptions, and a time schedule will be made; these program proposals will be sent to the client as an offer.

3. CLAP.ROCKS B.V. cannot be held to its offers or proposals if the client or participant can reasonably understand that the offers or proposals, or any part thereof, contain an obvious mistake or error. 

4. A combined price quote does not oblige CLAP.ROCKS B.V. to perform part of the assignment for a corresponding part of the quoted price.

5. The prices mentioned in an offer or proposal are exclusive of VAT and other government levies, any costs to be incurred in the context of the agreement, including travel and accommodation, shipping, and administration costs unless otherwise indicated.

 

Article 4 Conclusion of the Agreement 

1. The agreement is concluded solely by the written acceptance of the terms of the agreement by both CLAP.ROCKS B.V. and the client.

2. Registration and/or confirmation for an activity organized by CLAP.ROCKS B.V. is done in writing. One can register or confirm an activity by telephone or via the internet. When confirmation occurs by telephone or via the internet, these general terms also apply to the (potentially) concluded written agreement. 

3. Changes or additions to the agreement can only be agreed upon in writing.

4. The organization or the person who enters into an agreement with CLAP.ROCKS B.V. on behalf of or for another, including participants, is jointly and severally liable to CLAP.ROCKS B.V. for all obligations arising from the agreement.

5. The client and participants are obliged, at the first request of CLAP.ROCKS B.V. or a representative of CLAP.ROCKS B.V., to show a valid identification document or other required documents for the activity or event, including a valid driver’s license.

 

 Article 5 Awareness of Risk  

The client or participant, who has signed the confirmation of the agreement (or confirmed by telephone or via the internet), declares; to be aware of the possible difficulty, intensity, and risks of the activities in which all participants will partake, to have reported all relevant medical and/or conditional specifics of all participants for whom this agreement is concluded to CLAP.ROCKS B.V., and to consider the participants to be in such health and condition that they can participate in the activities without endangering themselves or others.

 

 Article 6 Amendment of the Agreement 

1. CLAP.ROCKS B.V. may amend the agreement due to significant, immediately communicated circumstances to the counterparty.

2. CLAP.ROCKS B.V. may increase the price of the activity up to five days before the start of the activity if there are organized travel movements due to changes in transportation costs including fuel costs, the due levies, or applicable exchange rates.

3. The client may request to amend the agreement up to 8 days before the start, including reducing the number of participants. If the amount of the amended agreement is lower than the original agreement, the cancellation policy as referred to in Article 12 of these general terms will apply to the difference. The client may request CLAP.ROCKS B.V. in writing to amend the agreement. Amendments include changes to the program, transport times, guest data, or dietary requirements. The company is free to reject the amendment unless this is unreasonable in a specific case. A reduction in the number of participants is considered a (partial) cancellation. A change of date is considered a cancellation. 

4. For changes to the arrangement date by the client, CLAP.ROCKS B.V. reserves the right to charge amendment costs.

 

Article 7 Authorizations 

1. Only the management – either personally or by written authorization to one of the employees of CLAP.ROCKS B.V. – is authorized to include stipulations in an agreement that deviate from these general terms.

2. The person acting on behalf of the counterparty is assumed to be authorized by the counterparty. 

3. By confirming an activity with CLAP.ROCKS B.V., it is assumed that the management of the participating company, association, or institution and the contact person agree with the general terms as described here.

 

Article 8 Joint and Several Liability 

The organization or person booking the activity on behalf of other participants is jointly and severally liable for all others they register.

 

Article 9 Damage 

1. Costs arising from damage and/or destruction caused by participants will be paid by the client or participant, insofar as they cannot be recovered from the perpetrator(s).

2. If a participant causes such disturbance that the relationship between CLAP.ROCKS B.V. and the owners of the location and/or supplier is seriously damaged, the participant can be excluded from participation. Any resulting costs are for the participant’s account.

 

Article 10 Supervision 

1. Participants in the group who have agreed to an activity with CLAP.ROCKS B.V. are required to follow the instructions of the leaders (both from CLAP.ROCKS B.V. and hired suppliers) during the entire program when these instructions are necessary to ensure the safe and proper progress of the activity.

2. If during the activity it appears that a participant exhibits physical or mental deficiencies, misbehaves, or otherwise causes or may cause inconvenience or disturbance, the participant can be excluded from further participation. Any resulting costs are for the participant’s account.

 

Article 11 Payment, Interest, and Collection Costs 

1. Payment is made to an account number specified by CLAP.ROCKS B.V. or in another way indicated by CLAP.ROCKS B.V

2. Full payment of the invoice amount must be made within 14 days of the invoice date. If the agreement is concluded within 14 days before the start of the activity or event, full payment of the invoice amount must be made no later than 3 days before the start of the activity or event, unless agreed otherwise in writing. If the agreement is concluded within 3 days before the start of the activity or event, full payment of the invoice amount must be made before the start of the activity or event.

3. CLAP.ROCKS B.V. has the right to request an advance payment before a date specified by CLAP.ROCKS B.V.

4. If the client does not pay within the specified period or by the specified date, they are in default by operation of law without requiring a further notice of default; the client owes interest of 1% per month on the payable amount from the time of default.

5. CLAP.ROCKS B.V. is entitled to terminate the agreement or demand full performance in case of default by the client.

6. Furthermore, the client or participant is required to reimburse extrajudicial collection costs equal to 15% of the claimed amount unless this amount is unreasonable.

7. Variable costs, such as additional catering, extra activities, transportation costs, consumptions, etc., incurred during all activities will be charged to the client afterwards unless agreed otherwise.

8. CLAP.ROCKS B.V. is entitled to deviate from these payment terms.

 

 Article 12 Cancellation 

1. The client is advised to take out cancellation insurance and/or travel insurance. This way, the client or participant is insured for valid reasons of cancellation caused by unforeseen events.

2. Cancellation must always be done in writing and (preferably) by registered mail. The postmark date is used to calculate the cancellation period.

3. If an agreement is canceled, each client or participant is liable for cancellation fees in addition to any reservation costs. For cancellation of an activity organized by CLAP.ROCKS B.V., the following costs will be charged:

1. For cancellation up to 4 weeks (28 days) before the agreed start date of the activity: 35% of the total package price;

2. For cancellation from 4 weeks (including the 28th day) to 1 week (7 days) before the agreed start date of the activity: 85% of the total package price;

3. For cancellation within 1 week (including the 7th day) before the agreed start date of the activity: 100% of the package price.

4. If participants do not attend the start of the activity or event without canceling, the client remains liable for 100% of the contract amount.

5. If the actual costs incurred by CLAP.ROCKS B.V. as a result of the cancellation exceed the cancellation fees stated in paragraph 3 of this article, the additional costs may also be charged.

6. CLAP.ROCKS B.V. reserves the right to cancel activities without being obliged to do anything other than possibly refund already paid invoices.

 

Article 13 Liability and Force Majeure

1. If the activity does not proceed as reasonably expected by the client or participant based on the agreement, CLAP.ROCKS B.V. is obliged to compensate any damage, unless the failure to perform is not attributable to CLAP.ROCKS B.V. or the supplier used by CLAP.ROCKS B.V. for the execution of the agreement, because:

   1. The failure in the execution of the agreement is attributable to the client or participant; or

   2. The failure in the execution of the agreement could not be foreseen or remedied and is attributable to a third party not involved in the provision of the services included in the activities; or

   3. The failure in the execution of the agreement is due to an event that CLAP.ROCKS B.V. or those whose assistance is used in the execution of the agreement could not foresee or remedy, with due care; or

   4. The failure in the execution of the agreement is due to force majeure as defined in paragraph 2 of this article. 

2. Force majeure refers to abnormal and unforeseeable circumstances independent of the will of the person invoking it and whose consequences could not have been avoided despite all precautionary measures.

 

Article 14 Limitations of Liability

1. Participation in activities or events is at the client’s and participant’s own risk. Except in cases of intent or gross negligence on the part of CLAP.ROCKS B.V. itself, CLAP.ROCKS B.V. is not liable for any form of damage, including consequential damage, suffered by the client or participant as a result of accidents occurring during participation in activities or events, unless and to the extent that exclusion of liability is not permitted by law.

2. If an event occurs during the execution of an activity or event that leads to liability on the part of CLAP.ROCKS B.V., this liability will be limited to the amount covered by the liability insurance taken out by CLAP.ROCKS B.V., minus the deductible under that liability insurance.

3. Without prejudice to the provisions of paragraph 1, the liability of CLAP.ROCKS B.V. under Article 13 is limited to a maximum of three times the invoice amount, unless there is intent or gross negligence on the part of CLAP.ROCKS B.V.

4. The client is expected to take out accident insurance and/or travel insurance. In any case, CLAP.ROCKS B.V. accepts no liability for damage for which compensation can be claimed under accident insurance or travel insurance.

5. CLAP.ROCKS B.V. accepts no liability for damage and/or injury occurring during a program where one or more participants have consumed alcohol before and/or during an activity. Permission from CLAP.ROCKS B.V. to consume alcohol before and/or during an activity in no way implies that CLAP.ROCKS B.V. acknowledges liability in case of accidents and/or injuries.

 

Article 15 Complaints

1. Complaints regarding activities organized by CLAP.ROCKS B.V. must be submitted in writing by registered mail to CLAP.ROCKS B.V. within 5 days after the end of the activities or program.

2. Submitting complaints does not suspend the payment obligation of the invoice.

 

Article 16 Applicable Law & Disputes

 1. Dutch law applies to every agreement between CLAP.ROCKS B.V. and the other party. The court in Amsterdam has exclusive jurisdiction to hear disputes, unless the law imperatively prescribes otherwise.