ArcticTerns Foundation
General Terms and Conditions
Last updated: June 15, 2022
1.1 ArticTerns Foundation (“Foundation”, “we”, “us” or “our”) is a non-profit foundation incorporated in Dongen located in the Netherlands and has Commercial Register Number 86590839. The Foundation is organised under Dutch law.
1.2 We organise educational experiences, social connections and personal growth through cultural immersion.
1.3 We own and operate the website named https://arcticterns.global/ (“Website”), through which you can book Activities with us (“Bookings”). Bookings can also be made through contact with us.
1.4 In these General Terms and Conditions (“Terms”) references to “you” and “your” include the first named person on the Booking and all persons on whose behalf a Booking is made or any other person to whom a Booking is added or transferred. References to Activity refer to any program, service or activity you have booked with us.
2.1 These Terms govern your Booking together with any other regulations or instructions we brought to your attention in relation to your Booking or Activity, such as the “Code of Conduct”, specific regulations and the “What to Expect” document. Please read these Terms carefully as they set out your and our respective rights and obligations.
2.2 Your access to and the use of Activities and Bookings is conditioned on your acceptance of and compliance with these Terms.
2.3 Your access to and the use of our Activities and Bookings is also conditioned on your acceptance of and compliance with our Privacy Policy available at our Website. Our Privacy Policy describes our policies and procedures on the collection, use, and disclosure of your personal information when you book or use our Activities and tells you about your privacy rights and how the law protects you. Please read our Privacy Policy carefully before using our Website or Activities.
3.1 A Booking is made with us when you:
3.2 By making a Booking, the first named person on the Booking agrees (or, where an under the age of eighteen (18) years old, the authorised parent or guardian agrees on behalf of the person detailed on the Booking) that this person:
3.3 A binding contract will come into existence between you and us as soon as your booking is made as is set out in Article 3.1.
3.4 The payment schedule for your Booking will be set out on our Website or by email.
3.5 We reserve the right in our absolute discretion to change your Booking or Activity (or schedule or arrangement involved) if we must do so in our reasonable opinion.
4. Participant obligations
4.1 By participating in our Activity, you agree to comply with these Terms, together with any other regulations or instructions we brought to your attention in relation to your Booking and those of any third parties associated with your Booking.
4.2 Parents or guardians should only let their children participate in Activities if they can meet the specific Activity requirements as mentioned in its description.
4.3 Parents or guardians must be present during the Activity in which their child participates. They should always be available, such as to pick up the child at our request. In the event the participating child is left alone, this is solely and entirely the responsibility of the parents or guardians.
4.4 In case of special medical, dietary, psychological, care, or other special needs of a child, the parents are required to alert us and be held responsible and expected to accompany the child to assist their special needs.
4.5 Adequate insurance is a condition of your Booking with us. You must be satisfied that adequate insurance is in place which fully covers all potential risks involved, including but not limited to, accident insurance (including disability and death), sports insurance, personal liability insurance, pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident or illness of all members of your group.
4.6 No alcohol is allowed for those under the age of eighteen (18) during participation in the Activity or Booking. Drugs are not allowed at all times.
4.7 Participants are expected to inform themselves of current local Covid restrictions and follow them.
5.1 All information, descriptions, or images that we provide about the Activity or Booking, are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of the Activity.
5.2 In no event shall we, nor our founders, chairman, board members, employees, volunteers, subsidiaries and affiliates, be liable for any special, incidental or consequential damages (including but not limited to claims, actions, liabilities and expenses including legal fees) arising out of or in connection with your Activity and Booking, except as stated in this agreement.
5.3 If you choose to attend the Activity or Booking without adequate insurance cover, we will not be liable for any losses whatsoever arising, in respect of which insurance cover would otherwise have been available.
5.4 We are not and shall not be responsible in any way in case of a Covid outbreak or spread during the Activity or Booking.
5.5 You acknowledge that we offer adventurous activities, including but not limited to: climbing, exploring, horse riding, swimming, skiing and many other risky activities. You further acknowledge that you fully understand and are prepared to assume such risks. We accepts your Booking on the basis that you release and absolve our Foundation, founders, chairman, board members, employees, volunteers, subsidiaries and affiliates, thereof from any and all damages resulting from death or personal injuries, including loss of services, which may be sustained on account of, arising from, or in connection with your Booking.
6.1 If we, in our reasonable opinion, consider that any Force Majeure event prevents us (whether directly or indirectly) from lawfully or safely providing any products or services subject of the booking contract with you, we may immediately by written notice: (a) terminate the Booking contract (in whole or in part); or (b) change any of your arrangements as reasonably practicable to ensure your safety and invoice you for any additional costs.
6.2 In these Terms the term force majeure is understood to mean: prevention of fulfilment of the Agreement as a result of fire, virus, pandemic, explosion, embargo, uprising, riot, war (whether or not declared), natural disasters (including storm) and flood.
7.1 All Content acquired – by us and/or by others such as participators – during the Activities and Bookings remain our property. With Content we mean: any audio, video, photos, images, text, logos, documents, downloadable files, reviews and/or other (multi)media content. This includes Content submitted, posted or displayed by you.
7.2 You hereby grant us the right to use and (re)post Content for promotional and marketing purposes, unless explicitly mentioned otherwise before the act of acquiring or gaining possession of Content takes place. This includes the right to (re)produce, use, disclose and distribute such information to any third-party we work with for promotional and marketing purposes.
8.1 When you provide us any payment information, you authorise our use of and access to the payment instrument you have chosen to use. This means you authorise us to charge the amount due to this payment instruction.
8.2 If we believe your payment has violated any law or these Terms, we reserve the right to cancel or reverse your reservation and Booking.
8.3 Any type of cancellation does not affect your contractual obligation to fulfil the payment to us for the Booking and/or Activity.
8.4 In case the registration is incorrect in relation to the Activity or Booking, we reserve the right to cancel and reverse your reservation and Booking.
8.5 In case of any type of cancellation, we will not be obliged to compensate you in any way. We are not liable for any damage caused by the cancellation.
8.6 The registration fee is a monetary payment to us and must be submitted along with a registration. This fee is non-refundable under any circumstances, even if your registration or participation is either denied or cancelled.
9.1 All our clients and participants are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. We expect you to behave at all times in accordance with our Code of Conduct. If, in our reasonable opinion, your behaviour or that of any member of your group is causing or is likely to cause distress, danger or annoyance to us, a team member of us, any other participant or any other third party, or damage to property or equipment, we reserve the right to terminate and/or limit your Booking and/or Activity immediately with us.
No Code can address all specific situations. It is therefore each person’s responsibility to apply – at least – the principles set forth in our Code of Conduct and with the exercise of good judgement and common sense. The failure by any person to comply with our Code of Conduct, may lead to termination of the Activity or Booking for you and your group.
9.2 In the event of such termination our liability to you and/or your group will cease and you and/or your group will be required to leave your accommodation immediately as this specific accommodation is booked in relation to the Activity and/or Booking in which you will not participate anymore. We will have no further obligations to you and/or your group. No refunds for lost accommodation or any Activity or Booking will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your group may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your group jointly and individually liable for any damage or losses caused by you or any member of your group.
9.3 We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking or with us.
10.1 A refund can not be requested for any of our Activities or Bookings provided, unless explicitly mentioned otherwise.
10.2 A refund can not be requested for any type of cancellation, limitation and/or termination of an Activity nor a Booking, unless explicitly mentioned otherwise.
11.1 We may revise these Terms at any time without notice. By using our Activities, Bookings or Website, you agree to be bound by the then current version of these Terms.
11.2 From time to time, we may need to modify, reject or cancel the Activity, Booking or your participation for reasons within or outside our control.
12.1 Our Website contains links to third-party websites, or services that are not owned or controlled by us but by a third-party. We may also offer (in)directly third-party related services, such as activities in which you can participate. However, we have no control over and assume no responsibility for the content, privacy, performance, completeness or suitability of the information, materials, policies, or practices of any third-party websites and/or services found or offered on or by third-parties, third-party websites or services for any particular purpose owned and/or operated by a third-party. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
12.2 You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the Terms and Conditions and Privacy Policies of any third-party websites or services that you visit.
13.1 The laws of the Netherlands, excluding its conflicts of law rules, shall govern these Terms offered. Thus, you agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or Booking will be dealt with by the competent court of the Netherlands only.
14.1 We make every effort to ensure that your Activity/Booking runs smoothly but if you do have a problem during your Activity/Booking, please inform us and the event manager/representative immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us by mail: info@arcticterns.global.
14.2 If the problem cannot be resolved and you wish to complain further, you must send a formal written notice of your complaint to us at our office, ideally within fourteen (14) days of the end of your Activity/Booking, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this condition may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under these Terms.
14.3 You can also access the European Commission Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved. Please note: the ODR platform is no longer available for use by UK consumers.
15.1 If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
15.2 Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
16.1 These Terms may have been translated if we have made them available to you on our Website. You agree that the original English text shall prevail in the case of a dispute.
17.1 If You have any questions about these Terms you can contact us by email: info@arcticterns.global.
