TERMS AND CONDITIONS CRIPPLE CREEK

ARTICLE 1. | DEFINITIONS

1. Cripple Creek applies these general terms and conditions and is located in Bergentheim.

2. Website: Cripple Creek's website through which dog sled rides can be booked, without prejudice to the ability to obtain bookings through other channels.

3. Counterparty: the natural or legal person who has entered into or intends to enter into an agreement with Cripple Creek.

4. Visitor: the other party and/or person for whose benefit the agreement has been stipulated, or at least visits the dog sled ride in the context of the agreement concluded with the other party.

5. Agreement: any agreement concluded between Cripple Creek and the other party, whereby Cripple Creek undertakes to provide access to and stay on the dog sled ride.

6. Distance Agreement: any agreement concluded between the other party not acting in the exercise of a profession or business and Cripple Creek within the framework of an organized system for distance sales or services, without the simultaneous personal presence of the parties and whereby up to and including at the time of concluding the agreement, exclusive use is made of one or more means of distance communication.

7. Dog sled ride: the public or private event to which the visitor is granted access under the agreement.

8. Reservation confirmation: the admission ticket to the dog sled ride, which admission ticket is delivered to the other party in the context of the agreement.

9. Written: both traditional written communication and communication by e-mail.

ARTICLE 2. | GENERAL PROVISIONS

1. These general terms and conditions apply to every offer from Cripple Creek and every concluded agreement.

2. The provisions of these general terms and conditions can only be deviated from in writing. If and insofar as the offer on the website, or reservation confirmations from Cripple Creek, mentions data that expressly deviate from the provisions of these general terms and conditions, the provisions that are expressly stated on the website or these reservation confirmations apply. That which is stated in reservation confirmations is deemed to represent the agreement completely and correctly.

3. Destruction or nullity of one or more provisions in these general terms and conditions does not affect the validity of the other provisions. In such cases, Cripple Creek and the other party will enter into mutual consultation in order to make an alternative arrangement to replace the affected clause. In doing so, the purpose and purport of the original provision will be taken into account as much as possible.

ARTICLE 3. | OFFER, CONCLUSION AND CONTENT OF THE AGREEMENT

1. Any offer from Cripple Creek is without obligation and subject to sufficient availability for making a sled dog trip.

2. Obvious errors or mistakes in Cripple Creek's offer do not bind Cripple Creek.

3. The agreement is concluded by offer and acceptance. If the acceptance of the other party deviates from Cripple Creek's offer, the agreement will not be concluded in accordance with this deviating acceptance, unless Cripple Creek indicates otherwise. The reservation of making a dog sled ride on the website is confirmed by Cripple Creek electronically, at which point the agreement is formed. The agreement will never be concluded until the other party has fulfilled all the conditions stated in the offer.

4. Cripple Creek reserves the right to cancel reservations for a sled dog ride or to refuse entry if it is forced to do so due to overbooking or force majeure. Cripple Creek will notify the other party of such a cancellation as soon as possible, whereby the other party can make a new reservation in consultation with Cripple Creek.

5. The other party who concludes the agreement (also) on behalf of other persons (visitors) is liable for all obligations arising from the agreement for those visitors. Visitors who are not regarded as counterparties are only liable for their own share in the agreement.

6. After booking a dog sled ride, the other party will receive a reservation confirmation or the actual tickets at the e-mail address provided by him, unless otherwise specified.

ARTICLE 4. | CANCELLATION OF THE AGREEMENT BY CRIPPLE CREEK

1. Cripple Creek is entitled to dissolve the agreement after it has been concluded, without being obliged to pay further compensation for damage than referred to in paragraph 3, if the maximum number of reservations with regard to the sled dog trip is unexpectedly exceeded by the reservation of the other party. Cripple Creek will notify the other party of such dissolution as soon as possible.

2. Furthermore, Cripple Creek is at all times authorized to cancel the agreement if fulfillment of the agreement is wholly or partly impossible, or is made more difficult by abnormal or unforeseeable circumstances that occur independently of the will of Cripple Creek and the consequences of which could not be avoided despite all precautions. will be avoided.

3. In the event of cancellation as referred to in this article, the other party is entitled to an alternative offer.

ARTICLE 5. | RIGHT OF DISSOLUTION AND MODIFICATION OF THE RESERVATION

1. Cripple Creek may determine that a distance contract can be canceled by the other party after it has been concluded, but is not legally obliged to do so if the distance contract provides for a specific time or period of fulfillment.

2. Cripple Creek can attach special conditions to a cancellation as referred to in the previous paragraph, such as the payment of cancellation costs and the applicability of cancellation terms.

3. Paragraphs 1 and 2 apply mutatis mutandis to changes to the agreement, on the understanding that “cancellation” means “change”.

4. If the distance contract does not provide for a specific time or period of performance, there is no legal right of dissolution after performance of the contract if performance has begun with the express prior consent of the other party who is not acting in the exercise of a profession. or company and this other party has declared that it waives its right of dissolution as soon as Cripple Creek has fulfilled the agreement.

ARTICLE 6. | FORCE MAJEUR

1. Cripple Creek is not obliged to fulfill any obligation under the agreement if and for as long as it is prevented from doing so by a circumstance that cannot be attributed to it under the law, a legal act or generally accepted views. Force majeure may also be the case in the event of strikes, fire, bad weather conditions, etc.

2. If the force majeure situation makes compliance with the agreement permanently impossible, the parties are entitled to dissolve the agreement with immediate effect. If and insofar as compliance is still possible, Cripple Creek has the right to move the dog sled ride to another date or location, without prejudice to Cripple Creek's right to cancel the event and without prejudice to the provisions of the following article.

3. Damage as a result of force majeure is never eligible for compensation.

ARTICLE 7. | CANCELED OR RECHECKED EVENTS

1. Without being obliged to pay compensation for further damage than the price paid by the other party for the sled dog trip, Cripple Creek is, if the circumstances necessarily give rise to this, entitled to cancel the sled dog trip or to move it to another date or location.

2. Payments for postponed dog sled rides remain valid for any replacement dog sled ride, unless expressly stated otherwise.

ARTICLE 8. | ACCESS TO DOG SLED RIDES

1. Every participant is obliged to be insured, participation in a tour is at your own risk.

2. The reservation confirmation is issued once and entitles the number of people to the event to access the event, unless otherwise specified.

3. A minimum age of 6 years applies for access to the dog sled ride. Any age limit is stated in the offer. Cripple Creek will deny entry to the dog sled ride to persons under the required age unless the offer states that permission is required for entry from legal representatives and such permission is presented. The visitor may be required to show his/her ID in order to verify the required age limit. Refusal of access to persons who have not yet reached the required age does not entitle to full or partial dissolution of the agreement, or any other compensation.

4. Entering the place or space around or near the dog sled ride is at the visitor's own risk.

5. The visitor must report to the dog sled ride in time to ensure access to it. The offer may state that the visitor must report to the location a certain time before the start of the dog sled ride. Visitors who do not report to the dog sled ride in time will be admitted as far as possible under conditions to be specified by Cripple Creek. However, access cannot be guaranteed in such cases.

6. Cripple Creek reserves the right to deny (further) access to the event or to remove certain persons from the event, if this is necessary in its opinion to maintain public order and safety during the event. Such a situation may arise, among other things, if, in the opinion of Cripple Creek, a visitor is wearing or carrying a piece of clothing, texts or signs that, in the opinion of Cripple Creek, would be offensive, discriminatory, insulting or arousing aggression or unrest. can be for other visitors. The visitor who has been denied (further) access to the event or has been removed from the event cannot claim any refund, remission of payments or compensation for damage.

ARTICLE 9. | PROHIBITED ARTICLES AND ACTION DURING DOG SLED RIDES

1. Specific rules may apply to each dog sled ride with regard to prohibited articles and actions, which rules will be made known upon conclusion of the agreement or on site. The visitor is obliged to comply with these rules and/or amendments thereto.

2. During the dog sled ride, the visitor is not allowed to carry alcoholic beverages, as well as drugs, glassware, aerosol cans, fireworks, weapons or any other dangerous object. These items can be confiscated.

3. Cripple Creek reserves the right to search the visitor prior to the dog sled ride. If the visitor refuses to do so, he may be denied access to the dog sled ride without claiming a refund of any monies.

4. Registration of the sled dog ride for professional and/or commercial purposes without the express prior written consent of Cripple Creek in any form, including photographing, filming, and making audio and/or video recordings, is prohibited, as is any reprinting and/or reproduction from the program (booklet), posters and other printed matter.

5. The visitor is not allowed to smoke during the activity and in the vicinity of the dogs

6. A visitor who violates the prohibitions referred to in this article may be refused (further) access without claiming full or partial refund of the purchase price of the booking.

7. If Cripple Creek suffers damage because the visitor does not fulfill his obligations under these general terms and conditions, this damage will be borne by the other party or visitor.

ARTICLE 10. | HOUSE RULES AND ORDER RULES

1. Specific rules may apply to each dog sled ride with regard to rules of order and house rules, which rules will be made known upon conclusion of the agreement or on site.

2. The visitor is obliged to comply with the regulations, house rules and/or amendments thereof and to follow instructions from Cripple Creek, instructors, supervisors, other personnel on duty, the fire brigade, police and other authorized persons or authorities.

3. In the event of a violation of the provisions of the previous paragraph, Cripple Creek is entitled to immediately remove the visitor from the sled dog trip location. The visitor who has been denied (further) access to the sled dog trip or has been removed from the sled dog trip cannot claim any refund, remission of payments or compensation for damage.

ARTICLE 11. | IMAGE AND SOUND RECORDING

1. Cripple Creek is at all times entitled to make image and/or sound recordings of the dog sled ride and the visitors present at that location. These recordings may be reproduced and/or published by Cripple Creek in any form and by any means. By entering the location of the dog sled ride, the visitor unconditionally grants permission to make the recordings referred to here and to edit, publish and exploit them in any form and in any way whatsoever, without the visitor being entitled to any compensation from Cripple. Creek.

2. The visitor hereby irrevocably waives any interest he may have in the recordings referred to in the previous paragraph. Insofar as the visitor is entitled to any neighboring and/or copyright and/or portrait rights in this respect, he transfers these rights to Cripple Creek without any restriction.

ARTICLE 12. | PRICES AND PAYMENTS

1. The total price of the services, including taxes and other costs, will be stated at the latest upon conclusion of the agreement. Other costs do not include costs that are not inextricably linked to the service offered, such as the costs of additional services provided by Cripple Creek or third parties at the request of the visitor.

2. The other party or visitor is obliged to pay the additional costs that are charged to him if, due to a circumstance attributable to him, the implementation of the agreement has deviated in any way.

3. Payment of the agreed price is made by electronic prepayment on the website or prepayment on site, unless otherwise specified. In the event of prepayment, Cripple Creek is not obliged to implement the agreement until the prepayment has been made in full.

4. If payment is not made on time, the other party will be in default by operation of law and Cripple Creek will be entitled to dissolve the agreement with immediate effect, without prejudice to its right to demand fulfillment of the agreement.

5. All reasonable costs for the payment of payments due will be borne by the other party. The extrajudicial costs are calculated in accordance with the Collection Costs Act.

ARTICLE 13. | LIABILITY

1. Cripple Creek's liability only exists to the extent provided in these terms and conditions and the damage is attributable to Cripple Creek. The foregoing is without prejudice to Cripple Creek's legal rights.

2. Cripple Creek will strive to carry out the program of the dog sled ride as much as possible according to the announced schedule. However, Cripple Creek is not liable for any deviations from that schedule. Furthermore, Cripple Creek is not liable for the content and manner of implementation of the dog sled ride program, expressly including the length of the program.

3. If, despite the provisions of the rest of these general terms and conditions, Cripple Creek should be liable for any damage, that liability is in any case limited to the invoice value of the agreement, or at least to that part of the agreement to which Cripple Creek's liability relates.

4. Cripple Creek can never be held liable for indirect damage and damage as a result of death, injury, accident, hurt, loss, damage or theft suffered by the visitor during or as a result of a visit to the event.

5. Cripple Creek does not accept any liability for the purchase and delivery of bookings that are not made by or on behalf of Cripple Creek, nor for reservations that, whether or not at the request of the other party, are not fully completed by Cripple Creek and where a third party may or may not is directly involved.

6. Subject to the other provisions of the general terms and conditions, the limitation period for all claims and defenses against Cripple Creek is one year.

ARTICLE 14. | LIABILITY OF THE OTHER PARTY

1. Cripple Creek may lend items to visitors during dog sled rides. The visitor guarantees that he will only use these items for the purpose given to the items, for the purpose for which they were made available to him and that he will handle these items as a careful user.

2. In the event of theft, loss or misuse of items loaned to the visitor by Cripple Creek, Cripple Creek will report this to the police.

3. All damage attributable to the visitor to items of Cripple Creek, both those on loan and other items of Cripple Creek, shall be borne by the other party, without prejudice to Cripple Creek's right to hold the visitor liable on the basis of legal liability.

4. Attributable damage within the meaning of this article is also regarded as damage caused as a result of non-compliance, late compliance or improper compliance with the instructions provided by Cripple Creek, instructors, supervisors or other personnel on duty, as well as damage caused by the use of goods or acts prohibited under Article 9.

5. The visitor indemnifies Cripple Creek against all claims from third parties in connection with damage suffered by third parties that can be attributed to the visitor.

ARTICLE 15. | COMPLAINTS

1. Complaints about the implementation of the agreement must be submitted to Cripple Creek in writing within a reasonable time after the other party has discovered the defects, fully and clearly described.

2. Complaints submitted to Cripple Creek will be answered within fourteen days of receipt. If a complaint requires a longer processing time, an answer will be given within the period of fourteen days with a confirmation of receipt and an indication of when the other party can expect a more detailed answer.

ARTICLE 16. | PRIVACY STATEMENT

Cripple Creek respects the privacy of all users of its site and ensures that the personal information you provide is treated confidentially and in accordance with the GDPR. By agreeing to the Terms and Conditions you automatically agree to our Privacy Policy. For more information, look atcripplecreek.nl/privacybeleid 

ARTICLE 17. | FINAL PROVISIONS

1. Dutch law applies exclusively to all agreements and all legal relationships arising therefrom between the other party or visitor and Cripple Creek.

2. Before appealing to the courts, the parties are obliged to make every effort to settle the dispute in mutual consultation.

3. Unless a mandatory legal regulation prescribes otherwise, only the competent court within the district of Cripple Creek is designated to hear disputes.
   In all cases not provided for in these General Terms and Conditions, the management of Cripple Creek will decide.