Our Terms and Conditions

Article 1 – DEFINITIONS

In these General Terms and Conditions, the following terms shall have the following meanings:

Wildpraat BV is registered with the Dutch Chamber of Commerce under number 90287231, hereinafter referred to as ‘Wildpraat’;

Client: the person who has commissioned Wildpraat and/or the natural person in whose name the booking for the assignment has been made;

Assignment: the organisation of an activity, the performance of work and/or the provision of advice;

Agreement: the agreement between the Client and Wildpraat;

Supplier: any person or entity, other than the Client, that supplies goods, services or other services of monetary value to Wildpraat;

Participant: anyone participating in the activity;

Other Party: the Client, Participant and/or Supplier.

Article 2 – SCOPE

2.1 – These Terms and Conditions apply to all offers, order confirmations and agreements, unless expressly agreed otherwise in writing between the parties.

2.2 – The general terms and conditions of the Other Party do not apply and are expressly rejected.

2.3 – Wildpraat shall only be bound by orders, agreements, amendments and/or additions thereto after Wildpraat has expressly agreed to them in writing.

2.4 – If any provision of these Terms and Conditions (and/or any separately agreed deviating or supplementary provision) proves to be null and void or is annulled, this shall not affect the validity of the remaining provisions. In such case, the invalid or annulled provision shall be replaced by a provision that corresponds as closely as possible to the original intention of the parties.

2.5 – The Client shall ensure and warrants that all Participants are familiar with and agree to these Terms and Conditions.

Article 3 – QUOTATIONS

3.1 – All quotations, offers, etc. are without obligation and valid for two weeks (14 days), unless expressly agreed otherwise in writing between the parties.

3.2 – Orders of a recurring nature shall only bind Wildpraat for the period confirmed by Wildpraat in writing. If no period has been specified, each order shall be considered a one-time order.

Article 4 – AMENDMENTS TO THE TERMS AND CONDITIONS

4.1 – Only person(s) authorised to represent Wildpraat are entitled to include provisions in the Agreement that deviate from these Terms and Conditions.

4.2 – Anyone acting on behalf of a Participant or Client in connection with this Agreement is deemed to have been authorised to do so by that Participant or Client.

Article 5 – CHANGES TO THE ASSIGNMENT

5.1 – Any changes to the original Assignment, of whatever nature, made by or on behalf of the Client or Participant – whether in writing or otherwise – which result in costs not included in the original Assignment shall be charged to the Client/Participant.

5.2 – If, after placing the Assignment, the Client requests changes to the performance of the Agreement, these changes must be communicated to Wildpraat in writing no later than seven (7) days before the start of the activity.

If changes are communicated verbally or by telephone, the risk associated with implementing such changes shall remain with the Client.

The number of Participants stated by the Client may be reduced free of charge up to one (1) week before the start of the event, solely insofar as the total reduction does not exceed 10% of the original number stated in the quotation and/or direct reservation. After this deadline, the number can no longer be changed.

5.3 – Wildpraat reserves the right to modify the performance of the Agreement if it reasonably expects that such modification will benefit the execution of the Agreement. Wildpraat shall inform the Client of this prior to or at the start of the activity.

5.4 – Without prejudice to paragraphs 1 and 2 of this Article, changes shall only apply if and insofar as they have been expressly accepted by person(s) authorised to represent Wildpraat.

Article 6 – PRICE AND PAYMENT

6.1 – Prices stated by Wildpraat are exclusive of VAT, unless expressly agreed otherwise in writing between the parties.

6.2 – Prices stated in publications are, in principle, per person unless expressly stated otherwise. The price includes only the services and facilities described in the publication.

6.3 – Wildpraat is entitled to require a security deposit from the Client before or at the start of the activity. The security deposit will be refunded after the activity, less any amounts owed by the Client to Wildpraat under the Agreement.

6.4 – The Client is required to pay the agreed price no later than two (2) weeks before the start of the event, unless expressly agreed otherwise in writing between the parties. This payment deadline is final and binding.

6.5 – All collection costs shall be borne by the Client. Extrajudicial collection costs shall amount to 15% of the principal sum, with a minimum of €150.00.

Article 7 – COMPLAINTS

7.1 – Complaints relating to an activity must be submitted in writing within eight (8) days after completion of the activity.

7.2 – Complaints submitted after the period referred to in Article 7.1 will, in principle, not be considered by Wildpraat.

7.3 – Submitting a complaint does not release the Client from its payment obligations.

Article 8 – INFORMATION AND TRAVEL DOCUMENTS

Wildpraat shall not be liable if a Participant is unable to participate in all or part of an activity due to the absence of a required document. All consequences resulting from the absence of such a document shall be entirely at the Participant’s own expense and risk.

Article 9 – COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

9.1 – Copyright and other industrial or intellectual property rights relating to activities conceived or developed by Wildpraat shall remain exclusively with Wildpraat.

9.2 – If the Client asks Wildpraat to conceive or design an activity and subsequently does not place an order based on that concept or design, the associated costs will be charged to the Client after thirty (30) days. Payment of these costs does not transfer any rights to the concept or design to the Client.

Article 10 – OBLIGATIONS OF THE CLIENT AND PARTICIPANT

10.1 – When entering into the Agreement, the Client is required to inform Wildpraat or its representative of all relevant personal circumstances concerning themselves and/or the persons on whose behalf the Agreement is entered into, insofar as these circumstances may affect the proper conduct of the activity.

This obligation applies in particular, but is not limited to, relevant medical and physical fitness information.

Every Participant taking part in activities in or on water must hold a recognised swimming certificate or inform Wildpraat in advance if they do not have one.

10.2 – All Participants are deemed to have obtained, either personally or through the Client, adequate travel and/or accident insurance before the start of the activity.

10.3 – Participants are required to comply with all instructions given by Wildpraat or its representative in order to facilitate the proper performance of the Agreement and activity.

A Participant whose behaviour causes such disruption that the activity is or may be seriously impeded, who endangers their own safety or that of others, or who behaves irresponsibly towards nature and the environment, may be excluded from further participation by Wildpraat or its representative without prior warning and without any right to a refund.

Any additional costs arising from such exclusion shall be borne by the Participant or Client.

10.4 – Participants must use any equipment provided solely for its intended purpose.

Participants may not modify the equipment or allow third parties to use it without Wildpraat’s express written permission.

Participants must inform Wildpraat as soon as possible, but no later than at the end of the activity, of any damage to or loss of equipment.

At the end of the activity, the Participant must return the equipment at the agreed location and in the same condition in which it was received.

Any costs for cleaning, repair, replacement, etc. shall be borne by the Client and/or Participant.

10.5 – Wildpraat reserves the right to use photographs and/or other recordings made during activities for promotional purposes. Any objection must be submitted in writing before the activity.

10.6 – If a Participant is under eighteen (18) years of age and is not accompanied by an adult, the Participant must provide Wildpraat with a declaration of consent from their legal representative(s), or the legal representative(s) must sign the registration form.

10.7 – Participants are and remain responsible for ensuring that they are in sufficiently good physical condition to participate in the activity and for participating responsibly.

10.8 – For all motorised activities, Participants must hold a valid driving licence for the relevant type of vehicle. Upon request, this driving licence must be presented before the start of the activity.

Article 11 – LIABILITY OF WILDPRAAT

11.1 – Participation in an activity is at the Client’s/Participant’s own expense and risk.

Wildpraat shall not be liable for any form of damage, including indirect damage such as, but not limited to, consequential loss and business loss suffered by the Client/Participant as a result of participating in the activity, except in cases of intent or gross negligence on the part of Wildpraat.

11.2 – Wildpraat shall only be liable for damage resulting from a material defect in the facilities provided by Wildpraat if the defect can be attributed to Wildpraat.

11.3 – Wildpraat shall not be liable for damage resulting from circumstances attributable to the Client/Participant.

11.4 – The exclusions and/or limitations of Wildpraat’s liability contained in this Article shall also apply for the benefit of Wildpraat’s employees and other representatives, Suppliers and the employees of the relevant Supplier.

11.5 – In all cases, except in the event of intent or gross negligence, Wildpraat’s liability shall be limited to the amount covered by Wildpraat’s liability insurance and shall apply only if the liability insurer makes a payment under the policy.

Article 12 – LIABILITY OF THE CLIENT/PARTICIPANT

12.1 – The Client/Participant shall be liable towards Wildpraat for any damage and/or other loss caused by the acts or omissions of the Client/Participant.

12.2 – The Client and/or Participant shall indemnify Wildpraat against any claim for liability made against Wildpraat by a third party.

Article 13 – CANCELLATION BY THE CLIENT

13.1 – The Client may cancel the Agreement only in writing.

13.2 – In the event of cancellation, the Client shall owe Wildpraat the following amounts:

a. Up to 10 weeks before the start of the activity: 15% of the total amount including VAT.

b. Up to 6 weeks before the start of the activity: 25% of the total amount including VAT.

c. Up to 4 weeks before the start of the activity: 50% of the total amount including VAT.

d. Up to 2 weeks before the start of the activity: 75% of the total amount including VAT.

13.3 – In the event of cancellation after this period, no refund will be made and the Client shall owe the full amount. No interest shall be paid on amounts paid in advance.

Article 14 – TERMINATION OF THE AGREEMENT BY WILDPRAAT

14.1 – Wildpraat reserves the right to terminate the Agreement fourteen (14) days before the start of the activity if the number of registrations is lower than the minimum number of Participants published in advance.

In such case, Wildpraat shall refund the amount paid by the Client to Wildpraat.

14.2 – Wildpraat is entitled to terminate the Agreement with immediate effect at any time:

a. In the event of failure by the Client or Participant to comply with the Agreement, including improper use of equipment provided or failure to follow Wildpraat’s instructions. In such case, Wildpraat shall be entitled to full compensation for all costs and damages suffered or to be suffered as a result;

b. If the Client has been declared bankrupt, has applied for a provisional suspension of payments, is subject to a statutory debt restructuring scheme, has ceased or liquidated its business, if a substantial part of its assets has been seized, or if its business has been transferred to a third party.

Termination may initially be communicated verbally, followed by written confirmation.

14.3 – Amounts invoiced by Wildpraat prior to termination, as well as amounts that Wildpraat may invoice after termination in connection with work performed or services supplied before termination, shall remain fully payable and shall become immediately due upon termination.

14.4 – Wildpraat reserves the right to terminate the Agreement in whole or in part if, in Wildpraat’s opinion, the Participant’s physical condition makes them unsuitable for further participation in the activity.

In such case, Wildpraat shall not be required to provide compensation or a refund.

14.5 – Wildpraat reserves the right to terminate the Agreement in whole or in part if, in Wildpraat’s opinion, a Participant does not hold a valid driving licence for the relevant type of vehicle in the case of a motorised activity, insofar as this seriously impedes Wildpraat’s ability to perform the Assignment.

In such case, Wildpraat shall not be required to provide compensation or a refund.

14.6 – Wildpraat reserves the right to modify, suspend or terminate performance of the Agreement in the event of serious circumstances that are unforeseen and cannot reasonably be remedied or avoided, including but not limited to (civil) war, terrorism, political unrest, natural disasters, food shortages, pandemics, government measures, general strikes and weather conditions.

Wildpraat shall inform the contracting party of such termination without delay and provide the reasons for doing so.

14.7 – Wildpraat reserves the right to terminate or suspend the Agreement if, due to weather conditions or weather forecasts, Wildpraat considers it unsafe or irresponsible to carry out the activity.

If performance becomes permanently impossible, the Agreement may be terminated in respect of the part that has not yet been performed. Neither party shall in that case be entitled to compensation for any loss resulting from such termination.

Article 15 – APPLICABLE LAW AND DISPUTES

15.1 – All legal relationships between Wildpraat and the Client, Participant and/or Supplier shall be governed exclusively by Dutch law.

15.2 – The competent court of the District Court of Gelderland shall have jurisdiction to hear all disputes between Wildpraat and the Client, Participant and/or Supplier.