General Terms and Conditions of the Out of Area Foundation, hereinafter referred to as Out of Area, established in Nuenen, registered with the Chamber of Commerce in Eindhoven under number 17150251.

 

Article 1
Introductory Provisions These terms and conditions apply to all our agreements, offers, and order confirmations. VAT is not included in our stated prices.

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Article 2 - Scope
a. These terms and conditions apply to our offers, order confirmations, and agreements, unless otherwise agreed in writing between us and the other party.
b. We are only bound by orders, agreements, or amendments and/or additions to them after we have accepted their confirmation in writing.

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Article 3 - Quotations
a. Quotations can be requested either verbally or in writing. Unless expressly agreed otherwise, all our quotations are non-binding.
b. Recurring orders are only binding for the timeframe established by us in writing. If no orders are placed after the requested quotation, the calculation costs can only be charged if this has been agreed upon. This also applies to quotations submitted to us by suppliers.

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Article 4 - Authorizations
a. Only the board – either personally or by written authorization to one of its employees – is authorized to include clauses in an agreement that deviate from these general terms and conditions.
b. Anyone acting on behalf of the participant or client is assumed to have been authorized to do so by the participant or client.

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Article 5 - Changes to the Order
a. Changes to the original order, of any nature whatsoever, made by or on behalf of the client or participant – whether in writing or otherwise – that result in costs not included in the quotation, will be charged to the client.
b. If the client or participant, after placing the order, subsequently requests changes to the execution, these must be communicated to us in writing and in a timely manner. If changes are made verbally, the risk for the implementation of the change is always borne by the client.
c. Without prejudice to the provisions of these general terms and conditions, changes as referred to in paragraphs a and b of this article will only apply if and insofar as they have been accepted by us in writing.

 

Article 6 - Payment
a. Upon conclusion of the agreement, a project account will be made available to the client. This account is open for deposits and financial donations.
b. Deposits refer to the minimum amount that must be deposited per person. This amount depends on the duration, type, and location of the project and is determined in advance with the client. Donations are funds allocated to a project by sponsors and used to purchase goods for the realization of the project.
c. The client/participant must have deposited at least 50% of the total deposit (depending on the number of participants) into the project account upon registration for the project. This amount is used to purchase any airline tickets or to pay for bus transportation. d. If Article 6.d. is not complied with, the additional costs for airline tickets will be charged to the client/participant.
e. The remaining deposit must be paid at least 1 week before the start of the project.
f. If payment is not made on time, the client or participant will be in default. Out of Area will notify you in writing to pay the amount due within 7 business days. If payment is still not received, the agreement will be deemed cancelled on the day of default. Out of Area reserves the right to charge the cancellation fees due. In that case, the provisions of Article 8 apply, and any amounts already paid will be offset against the cancellation fees.
g. If the agreement is concluded within 6 weeks of the start date, the entire amount must be paid immediately.
h. Payments must be made by bank transfer to the designated project account of the Out of Area Foundation, stating the name and project.
i. If the project account has a positive balance after the project ends, this amount will be reserved for a subsequent project for this client. If a new agreement is not concluded with this client within one year of the project's end, the funds will be released and made available. They will then be included in the general budget for the Veliko Srce project (a holiday resort for people with disabilities).

 

Article 7 - Luggage, travel documents, and documentation
a. Out of Area accepts activities and travel during the programs.

activities and Travel accepts no liability for loss, damage, or theft of personal luggage and documents, regardless of the cause.
b. The participant must be in possession of the necessary documents upon departure and throughout the trip/program, such as a valid passport or, where permitted, a tourist card and any required visas, proof of vaccinations, a driver's license and green card, and various insurance documents.
c. The participant must obtain any necessary additional information from the relevant authorities and also check well in advance of departure whether the previously obtained information has changed.

 

Article 8 - Cancellation by participants or client
a. Cancellation can only be made by registered letter, with the postmark serving as the cancellation date. In the event of cancellation by the client or participant, the following amounts are due:
1. In the event of cancellation from the moment of official registration up to 28 days before the start: the deposit, being at least 50% of the total order amount.
2. In the event of cancellation from 28 to 7 days before the start: 75% of the total order amount. 3. In case of cancellation 7 days or less before the start: the total order amount. This also applies if the participant(s) are not present at the start of the program/package without canceling. If you take out cancellation insurance, you insure yourself against the costs of cancellation for valid reasons caused by uncertain events.
b. In the event of cancellation, the client also remains liable for:
the policy costs and premium for the cancellation insurance, if and insofar as these were purchased with the organizer;

 

Article 9 - Cancellation and Changes by Out of Area
a. Out of Area reserves the right to change or cancel an order and/or program in the event of force majeure (e.g., strikes, natural disasters, political unrest, war). This also includes significant circumstances of such a nature that Out of Area cannot be expected to continue to be bound by the agreement. In the event of cancellation, the paid amount will be refunded, without any right to compensation.
b. If the above-described situation occurs during an assignment, Out of Area or its representative is obligated to ensure the safe return of the participants. The participant will bear the costs for this (see also Article 10). A refund of the unused portion of the assignment fee is only eligible if Out of Area saves significant costs as a result of the cancellation.
c. All programs are subject to prevailing weather conditions, etc. Out of Area (and its representatives) reserve the right to adjust the program at any time if the participants or management are in danger. Out of Area cannot be held liable for the inability to (fully) carry out the program due to the aforementioned circumstances. However, Out of Area or its representative will, if possible, develop a suitable alternative program.

 

Article 10 - Emergencies
In the event of an emergency, the Out of Area Foundation will activate the continuity plan. The Out of Area back office will act as the first point of contact and coordinator and will liaise with all parties involved.

 

Article 11 - Liability of Out of Area
a. Out of Area is liable if the program is not carried out in accordance with expectations, which the participant might reasonably have based on the assignment information, the prevailing views in the Netherlands, and taking all reasonableness into account.
b. Out of Area is not liable for damages if these cannot reasonably be attributed to Out of Area or its representative and in accordance with the laws applicable in the Netherlands. Out of Area is also not liable for any (financial) consequences resulting from physical and/or mental disabilities of the participant and/or detention by the police, customs, or other authorities.
c. Participation in the activities is always at the participant's own risk.

 

Article 12 - Obligations of the Participants
a. The participant is obligated to comply with all instructions from Out of Area or its representative to promote the proper execution of the program. If a participant fails to comply with these instructions, all liability of Out of Area lapses.
b. The participant must be in possession of the documents described in Article 7.

c. If a participant, for any reason whatsoever, causes a nuisance or endangers themselves, the other participants, or the management, Out of Area or its representative has the right to exclude that participant from further participation in the program.
Any (financial) consequences will be borne entirely by the client.

Refunds will only be made if the participant is reasonably not at fault.
d. Drugs.
The participant is prohibited from being in possession of drugs during the trip and stay. If Out of Area, the police, customs, or other authorities detect drug possession, the participant will be immediately excluded from further participation (+ Article 10b). If such a discovery is made, Out of Area will notify the contact person of the person concerned, as provided on the registration form, and make arrangements with this person for the person's repatriation. (+ Article 11c). If the police, customs, or another authority detects drug possession, the person concerned will be immediately transferred to these authorities and the contact person of the person concerned, as provided on the registration form, will be notified.
e. Alcohol.
Out of Area has a zero-tolerance alcohol policy. Exceptions to this policy may be made at the request of the client. If Out of Area, the client, the police, customs, or other authorities observe a violation of the agreed-upon arrangements, the participant will be immediately excluded from further participation (+ Article 10b). Out of Area will, if necessary, notify the person concerned, as provided on the registration form, and make arrangements with this person for their repatriation. (+ Article 11c). If the police, customs, or any other authority observes the possession or consumption of alcohol in violation of the law, the person concerned will be immediately transferred to these authorities and the contact person for the person concerned, as provided on the registration form, will be notified.
f. Tobacco.
i. Participants who have reached the age of 18 are permitted to carry a maximum of 200 cigarettes. If a participant does not meet this requirement in terms of quantity or age, this will be considered a nuisance or danger. If Out of Area, the police, customs, or other authorities observe this violation, the participant will be immediately excluded from further participation (+ Article 10b). If a violation occurs, Out of Area will notify the contact person of the person concerned, as provided on the registration form, and will make arrangements with this person for the person's repatriation. (+ Article 11c). If the police, customs, or another authority detects such a violation, the person concerned will be immediately transferred to these authorities and will notify the contact person of the person concerned, as provided on the registration form.
g. The participant is liable for damage, loss, or theft of equipment provided by Out of Area if this occurs through negligence or neglect. h. The client or participant is obligated to disclose any relevant personal circumstances or those of their participants that may affect the execution of the project (illness/disabilities, etc.) upon confirmation of the assignment.

 

Article 13 - Insurance
Travel and accident insurance. The Out of Area Foundation will take out travel and accident insurance for each participant for the duration of the project (including travel days). You can read the general contract terms and conditions HERE.

Cancellation insurance. Participants are responsible for deciding whether or not to purchase cancellation insurance.

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