Terms and conditions

1. Identification of the service provider

The services are provided by Off-Trail Experience, an outdoor activity business based in Belgium.

Contact: info@offtrailexperience.com — 0491/24 76 34.

Full contact details, legal form, company/CBE number and VAT number, where applicable, will be provided in the quote, booking confirmation or contractual documents.

In these terms and conditions, Off-Trail Experience is referred to as “the service provider”, “the organiser” or “Off-Trail Experience”.

2. Scope

These terms and conditions apply to all services offered by Off-Trail Experience: guided trips, hikes, bivouacs, tent and equipment hire, outdoor events, tailor-made services and any related activity, in Belgium or abroad.

Specific terms may supplement these terms and conditions in a quote, service description, booking confirmation or specific contract. In the event of a conflict, the expressly accepted specific terms take precedence.

3. Client and participant

The “client” means the natural or legal person who makes an enquiry, accepts a quote, makes a booking or pays for a service.

The “participant” means any person who takes part in an activity, bivouac, trip, hire, event or experience organised by Off-Trail Experience.

Where the client books for several participants, the client warrants that they are authorised to accept these terms and conditions on behalf of the group and undertakes to pass the relevant information on to each participant.

4. Nature of the services

Off-Trail Experience provides outdoor services and nature experiences which may include, depending on the selected offer, itinerary preparation, guidance, provision of a bivouac location, tent setup, equipment hire, camp organisation or logistical coordination.

The exact services included are those stated in the quote, service description or booking confirmation.

Unless otherwise stated in writing, transport to the meeting point, personal insurance, personal expenses, meals, drinks, specific permits and equipment not expressly included are excluded.

5. Pre-contractual information

Before any booking is finalised, Off-Trail Experience provides the client with the essential information relating to the proposed service: nature of the service, date or period, location or service area, duration, number of participants, services included, price, payment terms, cancellation conditions and any safety, health or equipment requirements.

The client is responsible for checking the accuracy of the information provided before accepting the quote or confirming the booking.

6. Quotes and validity of offers

Any personalised service may be subject to a quote. Unless otherwise stated, quotes are valid for [duration to be completed] from the date of issue.

The quote is prepared on the basis of the information provided by the client. Any change to that information may result in an adjustment to the price, programme, organisational conditions or feasibility of the service.

Acceptance of the quote in writing, by signature, electronic approval, email or full or partial payment constitutes a firm order.

7. Booking

The booking becomes final once the quote or offer has been accepted in writing, the information required for organisation has been provided, the deposit or agreed amount has been paid and Off-Trail Experience has confirmed the booking in writing.

Off-Trail Experience reserves the right to refuse a booking where the request is incompatible with safety conditions, organisational capacity, equipment availability, local constraints, applicable regulations or the company's ethical principles.

8. Prices

Prices are stated in euros. For consumers, prices are shown inclusive of all taxes where VAT applies. For business clients, prices may be shown excluding tax where this is specified.

Prices are calculated according to the nature of the service, duration, number of participants, location, equipment required, period, requested options and any external costs.

Any additional charge not included in the initial offer must be agreed in advance, except in an emergency relating to participant safety or the protection of equipment.

9. Payment

Payment terms are stated in the quote or booking confirmation. Off-Trail Experience may require a deposit on booking, the balance before the service begins, or full payment for certain services booked at short notice.

A guarantee or security deposit may be required for equipment hire.

Late payment may result in suspension of preparation, refusal of participation, cancellation of the booking or the application of charges, within the limits permitted by law.

10. Changes by the client

Any request for a change must be sent to Off-Trail Experience in writing. It may concern the date, number of participants, location, comfort level, duration, options, equipment or logistical requirements.

Off-Trail Experience will use its best efforts to accommodate requested changes, without guaranteeing feasibility. Any change may result in an adjustment to the price, programme or organisational conditions.

11. Cancellation by the client

Any cancellation by the client must be notified in writing. The applicable cancellation conditions are those stated in the quote, service description or booking confirmation.

In the absence of specific conditions, proportional charges may be retained depending on the cancellation date, preparation time, costs already incurred, equipment reserved and external providers engaged.

The absence of the client or a participant on the day of the service does not automatically entitle them to a refund. Where the law provides more favourable rules for the consumer, those rules take precedence.

12. Cancellation or changes by Off-Trail Experience

Off-Trail Experience may change, postpone or cancel a service where circumstances justify it: adverse weather, safety risks, impassable terrain, administrative prohibition, lack of a required permit, unforeseen unavailability of an essential location or item of equipment, force majeure, dangerous behaviour or an insufficient number of participants where this condition was announced in advance.

If a cancellation is attributable to Off-Trail Experience, an alternative solution, postponement or refund may be offered depending on the circumstances and applicable rules.

13. Weather, safety and natural conditions

Services take place outdoors and may depend on natural or local factors: rain, wind, cold, heat, humidity, mud, uneven ground, path conditions, the presence of insects or animals, local restrictions and other nature-related contingencies.

These factors do not automatically constitute grounds for a refund. Off-Trail Experience may adapt or stop a service if conditions affect the safety of participants, equipment, third parties or the environment.

14. Right of withdrawal

For distance contracts, consumers are in principle entitled to a 14-calendar-day right of withdrawal.

However, this right may not apply to certain services scheduled for a specific date or period, including accommodation services other than for residential purposes, leisure activities, certain tourism services or services connected with a dated event.

Where an Off-Trail Experience service concerns an activity, bivouac, hire, event, stay or experience scheduled for a specific date or period, the client is informed that the right of withdrawal may be excluded.

15. Special case of package travel and linked travel arrangements

Depending on their exact content, certain offers may fall within Belgian regulations governing package travel, linked travel arrangements or travel services.

Where an offer legally constitutes a package travel arrangement, in particular where it combines at least two travel services under the conditions provided by law and lasts more than 24 hours or includes an overnight stay, the applicable specific rules take precedence.

In such a case, Off-Trail Experience will provide the client with the mandatory pre-contractual information, cancellation conditions, information concerning the organiser's liability and, where applicable, the details of the insurer providing insolvency protection.

16. Conditions of participation

The client must ensure that each participant has the physical condition, equipment and behaviour appropriate to the booked service.

Participants must comply with instructions given by Off-Trail Experience, schedules, safety rules, equipment instructions, environmental rules and decisions taken by the person in charge for the safety of the group.

Off-Trail Experience may refuse or exclude a participant whose condition, equipment or behaviour presents a risk to themselves, others, equipment, third parties or the environment.

17. Health, allergies and relevant personal information

Before the service, the client must inform Off-Trail Experience of any factor that may affect safety or organisation: a particular medical condition, significant treatment, allergy, dietary restriction, disability, mobility difficulty, significant phobia, fatigue, the presence of minors or any specific requirement.

Off-Trail Experience does not provide medical diagnoses. If in doubt, the participant must seek medical advice before taking part. Failure to disclose important information may engage the liability of the client or participant.

18. Minors

Minors may participate only with the consent of their legal representative and under the conditions specified by Off-Trail Experience.

Depending on the service, the presence of a responsible adult may be required. The legal representative or accompanying adult remains responsible for the minor's behaviour, day-to-day safety and supervision, unless otherwise agreed in writing.

19. Hire of tents and equipment

Where the service includes tent or equipment hire, the client undertakes to use the equipment with care, for its normal intended purpose and in accordance with the instructions provided.

Equipment must be returned in the condition in which it was supplied, subject to normal wear and tear. The client may be held liable in the event of loss, theft, breakage, damage, abnormal use, excessive soiling, incorrect dismantling, failure to return or late return.

A security deposit or guarantee may be required. Repair, cleaning, replacement or restoration costs may be charged where they result from improper use, negligence or damage attributable to the client or participants.

20. Respect for the site and the environment

Off-Trail Experience services are based on respect for nature, places and people.

The client and participants undertake to leave no waste, respect wildlife and plant life, avoid damaging the site, respect local residents, landowners, local authorities and other users, use only authorised areas, follow fire-related instructions and limit noise nuisance.

Any damage, pollution, fine, cleaning cost or loss caused by the client or participants may be recharged to the client.

21. Fire, outdoor cooking and local rules

Where a service involves a fire, outdoor meal, heater, lantern, stove or any other potentially hazardous equipment, it must be used strictly in accordance with Off-Trail Experience instructions and local rules.

Off-Trail Experience may prohibit or stop the use of fire or equipment whenever weather conditions, local rules or safety requirements make this necessary.

22. Late arrival and no-show

The client must comply with the communicated schedule. In the event of lateness, Off-Trail Experience may adapt the service, shorten its duration or continue according to the planned programme, without this automatically giving rise to a right to a refund.

If the client or a participant is absent from the agreed place at the agreed time, the service remains payable unless otherwise agreed in writing or provided for in the booking conditions.

23. Insurance

Off-Trail Experience states that it is covered by insurance appropriate to its professional activity. Details of the insurer, type of cover and policy number are to be completed in the contractual documents or legal notice.

This insurance does not replace the personal insurance of the client and participants. The client is responsible for checking that adequate cover is in place: third-party liability, personal accident, assistance, medical expenses, cancellation, repatriation where necessary and cover for personal equipment.

For certain services, Off-Trail Experience may recommend or require specific insurance.

24. Liability

Off-Trail Experience is responsible for the proper performance of the services it expressly undertakes to provide, within the limits provided by law and the accepted specific conditions.

Off-Trail Experience cannot be held liable for damage resulting from fault by the client or a participant, inaccurate or incomplete information, failure to follow instructions, dangerous behaviour, abnormal use of equipment, an unforeseeable external event, force majeure, an administrative decision, the intervention of a third party or a risk inherent in outdoor activities.

Nothing in these terms and conditions is intended to exclude or limit any liability that cannot legally be excluded or limited.

25. Force majeure and exceptional circumstances

Force majeure or exceptional circumstances include in particular: dangerous weather events, natural disasters, fire, flooding, storms, pandemics or health measures, administrative closure, access restrictions, strikes, accidents, unforeseen unavailability of an essential provider or serious disruption affecting safety.

In the event of force majeure, Off-Trail Experience may offer postponement, adaptation or cancellation depending on the nature of the service, costs already incurred and applicable legal rules.

26. Subcontractors and partners

Off-Trail Experience may use partners or external providers for certain components of a service: accommodation, transport, catering, equipment, activities, specialist guidance or local permits.

Using partners does not alter the commitments expressly made by Off-Trail Experience to the client, except where the client contracts directly with a third party. In that case, the third party's terms apply to the service concerned.

27. Photos, videos and image rights

Photos or videos may be taken during certain services for souvenir, communication or promotional purposes.

No identifiable image of a participant will be used for commercial or promotional purposes without prior agreement, except where the participant has expressly consented. The participant may withdraw their consent for future use by contacting Off-Trail Experience.

28. Intellectual property

The website, texts, visuals, photographs, logos, graphic elements, content, itineraries, materials and documents created by Off-Trail Experience are protected by intellectual property rights.

Any unauthorised reproduction, distribution, modification, extraction or use is prohibited. Itineraries, concepts, materials and personalised proposals provided to the client remain the property of Off-Trail Experience unless otherwise agreed in writing.

29. Personal data

Off-Trail Experience processes certain personal data required to manage enquiries, quotes, bookings, services, legal obligations, participant safety and customer relations.

The arrangements for processing personal data are detailed in the privacy policy available on the website. The client has the rights provided by applicable personal data protection legislation, under the conditions set out in that policy.

30. Complaints

Any complaint must be sent to Off-Trail Experience in writing as soon as possible and no later than [deadline to be completed] after the service concerned.

The complaint must clearly describe the service concerned, the date, the alleged facts, supporting documents and the requested outcome. If a difficulty arises on site, the client must inform Off-Trail Experience as soon as possible so that a solution can be sought during the service.

31. Mediation and amicable settlement

In the event of a dispute, the client is invited to contact Off-Trail Experience first in order to seek an amicable solution.

If no amicable solution is found, consumers may obtain information from the competent mediation services in Belgium, in particular through public consumer information and guidance schemes. Using mediation does not prevent consumers from exercising the rights granted to them by law.

32. Partial invalidity

If any provision of these terms and conditions is declared void, unlawful or unenforceable, the remaining provisions remain in force.

The provision concerned will, as far as possible, be replaced by a valid provision producing a similar economic or legal effect.

33. Changes to the terms and conditions

Off-Trail Experience may amend these terms and conditions at any time.

The applicable terms are those in force on the date of the enquiry, booking or acceptance of the quote, unless otherwise required by law. Changes do not apply retroactively to services already confirmed, unless agreed by the client or required by law.

34. Applicable law and jurisdiction

These terms and conditions are governed by Belgian law.

In the event of a dispute, the parties will first seek an amicable solution. If no agreement is reached, the competent courts will be determined in accordance with applicable legal rules, including mandatory rules protecting consumers.

Nothing in these terms and conditions deprives consumers of any mandatory rights they have under applicable law.