Article 1 Definitions

In these terms and conditions, the following definitions apply:

1. Activities: all programs and events organized or offered by Pepsports Events, including sports recreation, services, or the provision of facilities by Pepsports Events for the benefit of the client.
2. Client: any natural or legal person who enters into an agreement with Pepsports Events for themselves or on behalf of third parties, or otherwise makes use of the services or activities of Pepsports Events.
3. Participant: any natural person who actually participates or is intended to participate in, or makes use of or is intended to make use of, an activity or event by Pepsports Events.
4. Pepsports Events Representative: the person acting on behalf of Pepsports Events during an activity or event, including instructors and/or guides.
5. Supplier: the party, other than the client, who provides goods, services, or other performance measurable in monetary terms to Pepsports Events.

The Management: those registered as director(s) of Pepsports Events at the Chamber of Commerce in Amsterdam under number 64671631.

6. Counterparty: includes the client, participant, and supplier.

Article 2 Applicability of Terms

1. These terms apply to every quote and every agreement between Pepsports Events and a counterparty to which Pepsports Events has declared these terms applicable, unless expressly agreed otherwise in writing.
2. These terms also apply to agreements with Pepsports Events for which third parties must be involved by Pepsports Events for execution.
3. The client and participants accept the applicability of these general terms and conditions by entering into an agreement with Pepsports Events, by actually participating in an activity or event, or by paying (part of) an amount due.
4. In the event of a conflict between these general terms and conditions and the general terms and conditions of the client, these general terms and conditions shall prevail, unless expressly agreed otherwise in writing.

Article 3 Quotes & Offers

1. Every quote or offer from Pepsports Events is merely a non-binding invitation to the client to enter into an agreement with Pepsports Events; no rights can be derived from the quote or offer in any way if the product to which the quote or offer 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 will be drawn up, containing: price indications, program descriptions, and a schedule; these program proposals are sent to the customer as a quote.
3. Pepsports Events cannot be held to its quotes or offers if the client can reasonably understand that the quotes or offers, or any part thereof, contain an obvious mistake or clerical error.
4. A composite quote does not obligate Pepsports Events to perform part of the assignment for a corresponding part of the stated price.
5. The prices stated in a quote or offer are exclusive of VAT and other government levies, and any costs to be incurred within the framework of the agreement, including travel and accommodation, shipping, and administration costs, unless otherwise indicated.

Article 4 Formation of the Agreement

1. The agreement is formed exclusively when Pepsports Events and the client have accepted the terms of the agreement in writing.
2. Registration and/or confirmation for an activity organized by Pepsports Events is done in writing. One can register for or confirm an activity both by telephone and via the internet. When confirmation takes place by telephone or via the internet, these general terms and conditions also apply to the concluded written agreement.
3. Changes or additions to the agreement can only be agreed upon in writing.
4. Anyone who enters into an agreement with Pepsports Events on behalf of or for another, including participants, is jointly and severally liable to Pepsports Events for all obligations arising from the agreement.
5. The client and participants are obliged to show a valid ID or any other document required for the activity or event, including a valid driver’s license, at the first request of Pepsports Events or a representative of Pepsports Events.

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 that they: have taken note of the potential difficulty, intensity, and risks of the activities in which all participants will take part; have reported all relevant medical and/or physical details of all participants for whom this agreement was concluded to Pepsports Events; and consider the participants capable in terms of health and fitness to participate in the activities without endangering themselves or others.

Article 6 Modification of the Agreement

1. Pepsports Events may modify the agreement due to significant circumstances, which will be communicated to the counterparty immediately.
2. Pepsports Events may increase the price up to five days before the start of the activity in connection with changes in transport costs including fuel costs, due levies, or applicable exchange rates.
3. The client may request to modify the agreement up to 8 days before the start, including reducing the number of participants. If the amount of the modified agreement is lower than the original agreement, the cancellation policy as referred to in Article 12 of these general terms and conditions applies to the difference.
4. In the event of a change of package date by the client, Pepsports Events reserves the right to charge modification costs at 5% of the package price, with a minimum of €50.00 excluding VAT.

Article 7 Power of Attorney

1. Only the management—either personally or by written power of attorney to one of the employees of Pepsports Events—is authorized to include clauses in an agreement that deviate from these general terms and conditions.
2. Anyone acting on behalf of the counterparty is assumed to be authorized by the counterparty to do so.
3. Upon confirmation of an activity with Pepsports Events, it is assumed that the board of the participating company, association, or institution and the contact person agree to the general terms and conditions as described here.

Article 8 Joint and Several Liability

The person who books the activity on behalf of other participants is jointly and severally liable for everyone else they register.

Article 9 Damage

1. Costs arising from damage and/or destruction caused by participants will, insofar as they cannot be recovered from the perpetrator(s) themselves, be paid by the client or participant.
2. If a participant causes a nuisance such that the relationship between Pepsports Events and the owners of the location and/or the supplier is seriously harmed, the participant in question may be excluded from participation. Any resulting costs will be borne by the participant in question.

Article 10 Supervision

1. The participants of the group that have agreed to an activity with Pepsports Events are obliged to follow the instructions of the management (from both Pepsports Events and suppliers hired by Pepsports Events) throughout the entire program when these instructions are necessary to ensure the proper and safe progress of the activity.
2. If it appears during the activity that a participant shows physical or psychological defects, is guilty of misconduct, or otherwise causes or may cause a hindrance or nuisance, the participant may be excluded from further participation. Any resulting costs will be borne by the participant in question.

Article 11 Payment, Interest, and Collection Costs

1. Payment takes place to an account number specified by Pepsports Events or in another manner indicated by Pepsports Events.
2. Full payment of the invoice amount must take place within 14 days of the invoice date. If the agreement was formed within 14 days before the start of the activity or event, full payment of the invoice amount must take place no later than 3 days before the start of the activity or event, unless otherwise agreed in writing. If the agreement was formed within 3 days before the start of the activity or event, full payment of the invoice amount must take place by telephone before the start of the activity or event.
3. Pepsports Events has the right to demand a down payment before a date to be further specified by Pepsports Events.
4. If the client does not pay within the specified period or before the specified date, they are in default by operation of law without any further notice of default being required; from the moment of default, the client owes interest of 1% per month on the outstanding amount;
5. In the event of default by the client, Pepsports Events is entitled to dissolve the agreement or to claim full performance.
6. Furthermore, the client or participant is held to compensate extrajudicial collection costs equal to 15% of the claimed amount, unless this amount is unfair.
7. Variable costs, such as extra catering, extra activities, transport costs, drinks, etc., consumed during all activities will—unless otherwise agreed—be charged to the client afterwards.
8. Pepsports Events 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 ensures the client or participant is covered for valid reasons for cancellation caused by uncertain 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 cancelled, cancellation costs are due for every client or participant in addition to any reservation costs due. In the event of cancellation of an activity organized by Pepsports Events, Pepsports Events will charge the following costs:
   1. for cancellation up to 4 weeks (28 days) before the agreed start date of the activity: 25% of the total package sum;
   2. for cancellation from 4 weeks (28th day inclusive) up to 1 week (7 days) before the agreed start date of the activity: 85% of the total package sum;
   3. for cancellation within 1 week (7th day inclusive) before the agreed start date of the activity: 100% of the package sum.
   4. In the event that participants are not present at the start of the activity or event without cancelling, the client remains liable for 100% of the agreement amount.
   5. Should the actual costs on the part of Pepsports Events as a result of the cancellation exceed the cancellation costs mentioned in paragraph 3 of this article, the additional costs may also be charged.
   6. Pepsports Events reserves the right to cancel activities without Pepsports Events being obligated in any way other than the potential refund of invoices already paid.

Article 13 Liability and Force Majeure

1. If the activity does not proceed in accordance with the expectations that the client or participant could reasonably have based on the agreement, Pepsports Events is held to compensate any damage, unless the failure in performance is not attributable to Pepsports Events, nor to the supplier whose assistance Pepsports Events uses in 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 could not be resolved and is attributable to a third party not involved in the delivery of the services included in the activities; or
   3. the failure in the execution of the agreement is due to an event that Pepsports Events or the person whose assistance they use in the execution of the agreement could not foresee or remedy, even with all due care; or
   4. the failure in the execution of the agreement is due to force majeure as referred to in paragraph 2 of this article.
   5. Force majeure is understood to mean abnormal and unforeseeable circumstances independent of the will of the person invoking them and whose consequences could not be avoided despite all precautions. Precipitation is not considered force majeure.

Article 14 Limitations of Liability

1. Participation in activities or events is at the client’s and participant’s own risk. Except in the case of intent or gross negligence by Pepsports Events itself, Pepsports Events 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 insofar as exclusion of liability is not legally permitted.
2. If an event unexpectedly occurs during the execution of an activity or event that leads to liability for Pepsports Events, that liability will be limited to the amount claimed under a liability insurance policy concluded by Pepsports Events, minus the deductible that Pepsports Events carries under that liability insurance.
3. Without prejudice to the provisions of paragraph 1, the liability of Pepsports Events 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 Pepsports Events.
4. The client is expected to take out accident insurance and/or travel insurance. In any case, Pepsports Events accepts no liability for damage for which a claim for compensation exists under accident insurance or travel insurance.
5. Pepsports Events accepts no liability for damage and/or injury arising during a program where one or more participants have consumed alcohol prior to and/or during an activity. Permission from Pepsports Events to consume alcohol prior to and/or during an activity in no way means that Pepsports Events thereby acknowledges liability in the event of accidents and/or injury.

Article 15 Complaints

1. Complaints regarding the activities organized by Pepsports Events must be submitted in writing by registered mail to Pepsports Events within 5 days after the end of the activities or the program.
2. The submission of complaints does not suspend the payment obligation of the invoice.

Article 16 Applicable Law & Disputes

1. Dutch law applies to every agreement between Pepsports Events and the counterparty. The court in Amsterdam has exclusive jurisdiction to hear disputes, unless the law imperatively prescribes otherwise.