Please take the time to read these booking terms and conditions for schools and colleges (the Terms and Conditions). The party making the booking will hereinafter be referred to as “you”.

1. Applicability
   1. These Terms and Conditions apply to all your relationships with Stichting Outward Bound Netherlands, a charity registered in Middelburg with the West-Brabant en Zeeland Chamber of Commerce under charity registered number 63491419 (OBNL).
   2. The applicability of your general terms and conditions, if any, is expressly rejected by OBNL.
2. Booking process         
   1. When you make a booking to participate in one of the courses of OBNL (a Course), you do so on behalf of your organisation and each of your participants (each a Participant and together the Participants).
   2. A booking can be made via phone, mail or online contact form. OBNL will provide you with a booking form (the Booking Form) reflecting the details of your booking. The Booking Form and the Terms and Conditions are together referred to as the Agreement.
   3. Upon receipt of a copy of the Booking Form that has been signed by an authorised representative, OBNL will confirm your booking in writing and send it to you by post or by e-mail.
   4. You must procure that each Participant (or the Participant’s parent or guardian if the Participant is under the age of 18 years) executes a written instrument (1) granting you a power of attorney pursuant to which you are entitled to enter into the Agreement on behalf of that Participant and (2) accepting to be bound by, to be fully informed of and to adhere to, this Agreement insofar as applicable.
3. Fees and deposit
   1. The course fee payable by any Group (as defined below) shall be as set by OBNL and shall be stated in the Booking Form (the Total Course Fee).
   2. The deposit is the sum equal to 30% of the Total Course Fee (the Deposit).
   3. Each Course will be split into Groups (a Group). The minimum number of Participants in any Group is 10, and the maximum number of Participants is 12. If there are multiple Groups, the number of Groups will be calculated based on a maximum fill of 12 Participants per Group. The Total Course Fee will be based on the number of Participants in each Group for each Course. If there are fewer than 12 Participants in any Group, the fee for that Group shall be based on 12 Participants, e.g. if there are 13 Participants, this will require 2 Groups, and the Total Course Fee will be based on 24 Participants. In any other event, the fee for that Group will be based on the actual number of Participants in the Group.
   4. Subject to clause 3.6, if the Booking Date is more than eight weeks before the start date of the Course (the Start Date), the Deposit must be paid on the earlier date of (i) 14 (fourteen) days from receipt of the invoice, or (ii) eight (8) weeks before the Start Date.
   5. Subject to clause 3.6, if the Booking Date is more than eight (8) weeks before the Start Date of the Course, the amount of the Total Course Fee that remains payable by you after payment of the Deposit (the Remaining Course Fee) must be paid not later than eight weeks before the Start Date.
   6. Notwithstanding clauses 3.4 and 3.5, if the Agreement is entered into less than eight (8) weeks before the Start Date, the Total Course Fee must be paid ultimately on the earlier date of (i) 14 (fourteen) days within receipt of the invoice, or (ii) 14 (fourteen) days before the Start Date.
   7. Where any payment due from you is overdue, OBNL reserves the right to charge the statutory commercial interest rate (wettelijke handelsrente) on the full outstanding amount until payment in full is made.
   8. Any payments to OBNL must be made in euros. OBNL only accepts payments by bank transfer. Bank transfer fees and withholding taxes (if applicable) are for your expense. OBNL reserves the right to refuse payment by any other means of payment or to attach conditions to their acceptance. Payments made by credit card will incur a charge in accordance with current rates.
   9. Where applicable, all amounts in the Agreement are exclusive of VAT and costs.
   10. Where OBNL has assisted you as an agent in booking transport in addition to that provided as standard with the Course, this aspect of the service [including coach, train and other transfers] (the Transport Service) is separate and your contract in respect of this service shall be between you and the provider of the Transport Service as identified in our invoice. OBNL does not accept liability concerning the Transport Service as this is a matter between you and the third-party provider.
   11. The Transport Service costs quoted may be subject to change in exceptional circumstances. OBNL will advise you of any change at the earliest opportunity, and you will be liable to pay any reasonable increase in cost.
4. Cancellation or amendment by you
   1. You may cancel the booking at any time in accordance with this clause 4. From the day of receipt of the duly signed Booking Form by OBNL (the Booking Date), a cooling-off period of 14 (fourteen) days commences. Except when the Booking Date lies 60 (sixty) days or less from the Start Date there is no cooling period applicable. Within this period, you may cancel the booking without penalty and without giving any reason.
   2. In the event of cancellation after the cooling-off period, you will be required to pay the applicable cancellation charge (the Cancellation Charge) as set out below:
      1. 15 (fifteen) days after the Booking Date up to and including 60 (sixty) days before the Start Date – Loss of Deposit.
      2. Fewer than 60 (sixty) days before the Start Date – 100% of the Total Course Fee.
   3. The date of effective cancellation is the date of receipt by OBNL of written notice of the cancellation from you. You must not assume we have received your notice of cancellation until you have received an acknowledgement from us (the Acknowledgement) confirming the cancellation of your booking and providing details of any sums due. If you do not receive the Acknowledgment within seven (7) days of your notice of cancellation, you must submit a new cancellation notice as we will not have received your original notification and it will be deemed not to have been sent.
   4. You may usually add additional Participants to the Course up until the Start Date by written notice to OBNL. Where we can meet your request, your Total Course Fee shall be varied accordingly, and any extra payments required shall be invoiced by us and shall be due and payable as directed by us. Please note that you are required to pay an administration fee of EUR 25 (twenty-five Euro) per Participant for each alteration to your initial booking (Administration Fee).
   5. In the event of the cancellation of a Participant’s place on the Course, you may transfer that place to a new Participant by written notice up to two (2) weeks before the Start Date, provided that the new Participant accepts in writing to be bound by the same Terms and Conditions as the previous Participant. Such transfers may be subject to the Administration Fee and must be accompanied by all relevant information, including but not limited to all medical information, for each new Participant. Alternatively, you may reduce the number of Participants taking part in the Course, but in this event, cancelled Participant places will be subject to the Cancellation Charges stated in clause 3.2, and the number of Groups will be recalculated to ensure a maximum fill of 12 Participants per Group.
5. Cancellation or amendment by OBNL
   1. If, for any reason, OBNL is not able to offer the Course on the terms stated in the Booking Form, OBNL shall endeavour to find an alternative course for you to attend.
   2. OBNL will refund you the difference in price if the fee that is due by you for that alternative course is of a lesser amount.
   3. If no alternative course can be agreed upon, OBNL is entitled to cancel your booking.
   4. If the Deposit or the Remaining Course Fee is not paid on the due date, OBNL may cancel your booking, and the relevant Cancellation Charge will apply.
   5. Other than pursuant to clause 5.4, in the event of a cancellation by OBNL, OBNL will refund any course fees paid to us by you.
6. Insurance
   1. OBNL is responsible for obtaining adequate legal liability insurance.
   2. OBBL does not provide any travel or medical insurance for the Participants. You must, and you must procure that each Participant shall obtain adequate accident, travel, medical and cancellation insurance.
7. Force majeure
   1. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including but not limited to strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, the collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics, pandemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors (each a Force Majeure Event).
   2. In case of a Force Majeure Event, OBNL is entitled to either suspend the performance of the Agreement or terminate the Agreement.
   3. OBNL is not liable for any damage suffered by you or any of the Participants as a result of a Force Majeure Event unless OBNL has culpably caused the relevant Force Majeure Event.
8. Health and Safety
   1. A medical declaration must be fully completed and returned to OBNL, signed by each Participant (or by the Participant’s parent or guardian if the Participant is under the age of 18 years) at least six (6) weeks prior to the Start Date. Within the medical declaration, each Participant must confirm that they are in good general health to take part in the Course, including but not limited to having a reasonable basic level of fitness, and Participants must be willing and able to become involved in every aspect of the Course.
   2. If the medical declaration is not completed and returned to OBNL, OBNL reserves the right to decline or cancel a Participant booking without having to pay any compensation, and you will be liable to pay the cancellation charges outlined in clause 4.
   3. You must inform OBNL if any Participant has a medical problem or disability before you sign the Booking Form, as not all Participants may be able to participate in the Course.
   4. If any medical problems or disabilities are suffered or arise between the entry into the Agreement and the Start Date, you must notify OBNL immediately. OBNL reserves the right to decline or cancel a Participant’s booking if it considers that to continue would be harmful to the health or safety of the Participant or other Participants on the Course.
   5. You must inform us immediately if any Participant has come into recent contact with an infectious disease. If the Start Date falls within the accepted quarantine period for transmission of any such disease, OBNL reserves the right to exclude that Participant from the Course. This shall be deemed to be a cancellation by you. No compensation shall be payable by us to you or the Participant, and you are liable for payment of the Cancellation Charge set out in clause 4.2.
   6. Those under eighteen (18) are not allowed to smoke, or use alcohol or drugs. The standard disciplinary process set out in The Outward Bound Community Code will apply to Participants who break this rule.
   7. By signing the Booking Form, you accept on behalf of each Participant and agree to comply with OBNL’s safety and disciplinary procedure and accept the authority of the expedition leader and operations manager. An overview of OBNL safety arrangements, risk assessments and staff qualifications is available upon request.
9. Exclusion of Participant(s) from the course
   1. In the event that:
      1. A Participant’s behaviour during the Course may prejudice the safety and well-being of any Participant of the Course or any other party involved in the Course, the satisfactory progress of the Course; or
      2. OBNL is informed through the medical declaration form or at any point before the Start Date that a Participant’s attendance is likely to prejudice the safety and well-being of the Participant or of any other Participant of the Course or any other party involved in the Course, or any other Course being delivered at the centre at the same time; or
      3. If during a pre-course briefing (if applicable), OBNL deems a Participant’s attendance is likely to prejudice the safety and wellbeing of the Participant or of any other Participant of the Course or any other party involved in the Course, or any other Course being delivered at the centre at the same time, OBNL reserves the right to cancel the Course or remove that Participant from the Course, as appropriate.
   2. In the event that a Participant is excluded from a Course pursuant to this clause 9, no compensation shall be payable by OBNL to you or the relevant Participant, and you will be liable to pay the Cancellation Charges outlined in clause 4. You will reimburse us for any reasonable costs or expenses arising, whether directly or indirectly, including costs of travel or legal fees.
10. Marketing and promotions
    1. The information on OBNL’s website and any other literature (Marketing Material) is provided in good faith and is intended to represent a general picture of our products and services and shall not form any part of these Terms and Conditions.
    2. OBNL occasionally employs a professional photographer to take pictures or video recordings of Participants to use in our Marketing Material. If you or any Participant does not wish to appear in any such Marketing Material, please inform us in writing when returning the medical declaration.
    3. OBNL may use your written feedback in Marketing Material provided in any form. If you do not wish to be quoted, please inform us when providing feedback.
11. Data protection
    1. OBNL shall (and shall procure that any of its staff involved in the provision of this Contract) comply with the applicable national and international data protection legislation, including the General Data Protection Regulation (GDPR). In particular, data shall be obtained, processed and held in accordance with the GDPR.
    2. By providing personal data to OBNL, you consent to us processing the data so that you can use our services.
    3. All information on how your personal data will be processed can be found on our website, where you can find our Privacy Policy.
12. Complaints
    1. If you have a complaint during the Course please raise this matter with the expedition leader or course director at your earliest opportunity.
    2. If you are unable to raise any issues or complaints during the Course, please contact our customer services team in writing at our at your earliest opportunity, providing your booking reference and all other relevant information together with any evidence to substantiate your complaint.
    3. You will receive a confirmation of receipt of your complaint within one (1) week.
    4. Your complaint will be dealt with by the complaints committee, comprising the executive director and the course director.
    5. You may be invited to further explain your complaint in person and to discuss possible solutions.
    6. You will receive a motivated answer to your complaint within 20 (twenty) days from the date of receipt of the complaint by OBNL.
    7. If you disagree with the proposed solution, you can put your complaint before AN-i, an independent arbitrator appointed by OBNL. The arbitrator’s decision shall be binding, and OBNL and you will comply with it.
    8. Complaints and the method of handling are recorded and kept for two (2) years.
13. Our liability
    1. OBNL’s aggregate liability towards you and the Participant will never exceed the higher of (i) the amount actually paid out to OBNL under any insurance policy in respect of the damage suffered by you or the Participant; or (ii) the Total Course Fee ((i) and (ii) together the Limits). OBNL’s liability is not limited if, and to the extent, such liability is attributable to fraud (bedrog), intent (opzet) or wilful misrepresentation (bewuste roekeloosheid) from OBNL or its directors.
    2. If harm or loss occurs as a result of the culpable failure to perform on the part of a third party whose services OBNL has engaged, then OBNL’s liability is limited to the compensation OBNL receives from the relevant third party.
    3. In the event that you fail to comply with the obligation set out in clause 2.4, you will indemnify and hold OBNL harmless for all claims from any of the Participants to the extent it exceeds the applicable Limit, regardless of the legal grounds.
    4. Nothing in these Terms and Conditions limits or excludes the liability of OBNL for:
       1. death or personal injury resulting from negligence; or
       2. any damage or liability incurred by any Participant as a result of fraud or fraudulent misrepresentation by OBNL.
    5. OBNL shall under no circumstances whatsoever be liable to you or the Participant, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit or any indirect or consequential loss arising under or in connection with the Contract.
    6. OBNL is not liable for damages resulting from the following:
       1. circumstances which are attributable to the Participant, such as not having the necessary travel documents, inadequate health or fitness levels, insufficient personal equipment, improper acts or no acts, overestimation of their own abilities or disregarding instructions;
       2. actions and influences of third parties not directly involved in the execution of the Agreement;
       3. circumstances that cannot be reasonably attributed to OBNL under Dutch law or the norms prevailing in society.
    7. The exclusions and limitations of liability contained in this clause 13 also apply to employees and other representatives of OBNL and relevant service providers and their staff unless applicable law stipulates otherwise.
    8. OBNL is not liable to you or the Participants for any damage, costs, losses or other harm that occurs as a result of or in connection with the performance of the Agreement if you or the Participant are insured, or could have been insured, against the relevant damages, costs, losses or harm.
14. Your liability
    1. You are liable towards OBNL for all damages, costs, losses or other harm that has been or will be incurred by OBNL or any third party involved in the Course as the direct or indirect consequence of (i) any breach of the Agreement by you or the Participant; or (ii) any misconduct or behaviour from the Participant.
15. Notices
    1. Any notices must be in writing and may be delivered by hand, first-class post, fax, or an e-mail addressed to the recipient at its registered office or to any other address, as notified in writing to the sender by the other party.  A notice delivered by hand is served when delivered, a notice sent by first class post is served 48 (forty-eight) hours after posting, and a notice served by e-mail is served when the e-mail is sent.
16. Severance
    1. If any court or competent authority finds that any provision of the Agreement (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of the Agreement shall not be affected.
    2. If any invalid, unenforceable or illegal provision of the Agreement would be valid, enforceable and legal if some part of it were deleted, the provision shall apply with the minimum modification necessary to make it legal, valid and enforceable.
17. Waiver
    1. A waiver of any right or remedy under the Agreement is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Agreement or by law shall constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that or any other right or remedy.
18. Variation
    1. Except as set out otherwise in the Agreement, any variation to the Agreement, including the introduction of any additional terms and clauses, shall only be binding when agreed in writing and signed by OBNL.
19. Governing law and jurisdiction
    1. The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with Dutch law, and the parties irrevocably submit to the exclusive jurisdiction of the courts of the Netherlands.