GENERAL TERMS AND CONDITIONS 

of the private limited company 

Nature’s Playground B.V. 

Nature’s Playground B.V. has its registered office in Kweeklust 54, Noordwijk, The Netherlands, and is registered with the Dutch Chamber of Commerce under no. 97231061 

1. Definitions 

1.1. In these Conditions, the terms and expressions below are defined as follows: 

A. Activities: all (physical) activities which are part or offered in conjunction to the Services provided by Nature’s Playground, such as (but not limited to) hikes, safaris, expeditions and/or any other (sporting) activities; 

B. Agreement: an agreement or any other legal act between Contractor and Nature’s Playground with regard to any Services provided by Nature’s Playground to Contractor; 

C. Conditions: these General Terms and Conditions of Nature’s Playground B.V.; 

D. Content: all (digital) content or information made available to Contractor and/or Participant by Nature's Playground, including (but not limited to), (audio)visual material, texts, websites, syllabi, summaries, books and handouts, as well as notes made by Contractor and/or Participant; 

E. Contractor: any natural person or legal entity, who purchases Services from Nature’s Playground under an Agreement; 

F. Nature’s Playground: Nature’s Playground B.V.; 

G. Offer: an offer by Nature’s Playground to a potential Contractor; 

H. Participant: has the meaning provided thereto in clause 3.5; 

I. Parties: Contractor and/or Nature’s Playground; 

J. Services: all services provided by Nature’s Playground regardless of whether they are one-off or recurring (e.g. in subscription form), more specific but not limited to coaching, intervision, peer-reviews and other advisory/coaching services. 

1.2. Definitions denoting the singular shall include the plural and vice versa. Definitions denoting the one gender, shall include the other gender. 

2. Scope 

2.1. These Conditions apply to all Offers from Nature’s Playground and every Agreement, including Services and Activities rendered under such Agreement, between Nature’s Playground and Contractor. 

2.2. Deviations, additions, limitations, amendments and/or modifications to an Agreement and/or these Terms and Conditions shall be only valid if Nature’s Playground has agreed to such deviations, additions, limitations, amendments and/or modifications in writing. 

2.3. The applicability of any terms and conditions of Contractor are hereby expressly excluded and rejected by Nature’s Playground. 

3. Offer, formation Agreement, amendments 

3.1. Any Offer from Nature’s Playground, in whatever form, is non-binding. 

3.2. If an Offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in such Offer. The Services are described as clearly, completely and truthfully as possible, always to the extent that this can reasonably be required by Nature’s Playground. However, obvious errors, omissions 

or mistakes in offers, on digital data carriers, websites folders and/or other kinds of publications (with regard to (e.g.) data, prices, images, instructions, drawings) are non-binding. All information and/or advice provided by Nature’s Playground is without obligation and to the best of Nature’s Playground knowledge and ability. Any advice and/or information provided by Nature’s Playground does not absolve the Contractor from making his/her own careful investigation of the Services, whether the Services correspond with the purpose intended by the Contractor. Any incorrect or incomplete advice by and/or information from Nature’s Playground does not constitute grounds for any liability on the part of Nature’s Playground. 

3.3. Any Agreement between Nature’s Playground and Contractor shall be concluded only after an intake between a representative of Nature’s Playground and Contractor, or its Participant, has taken place, unless stated otherwise in the Offer. The conclusion of the Agreement shall be confirmed by Nature’s Playground in writing. 

3.4. Any amendment to, or deviation from, the Agreement and/or these Conditions will only be valid when such amendments or deviations have been agreed upon in writing by Nature’s Playground. 

3.5. Insofar as the Agreement is concluded between Nature’s Playground and a legal entity, partnership or other corporate form, the relevant Contractor shall make clear at the time of registration who shall participate in the Services on behalf of the Contractor (hereinafter the "Participant"). All provisions addressed to the Contractor shall also be deemed to apply to Participant, unless expressly provided otherwise or if the nature of the provision dictates otherwise (such as, but not exclusively, payment obligations). The Contractor undertakes to inform Participant of these Conditions and to implement these provisions in the relationship between the Contractor and Participant. 

4. The Services 

4.1. Nature’s Playground does not offer any guarantees as to the results and/or effects of the Services it provides. Unless expressly agreed upon otherwise, all obligations of Nature’s Playground are obligations to use best efforts. 

4.2. The Contractor is obliged to follow the instructions of Nature’s Playground during the Services provided by Nature’s Playground or its Third-Party Suppliers, amongst which the Activities. If the Contractor does not (fully) comply with such instructions, or if the Contractor does not comply with the safety measures, or if Contractor obstructs the provision of the Services in any way, Nature’s Playground or the Third-Party Supplier shall be entitled to deny the Contractor access to the Services provided and/or terminate the Agreement with immediate effect, without any refund or compensation for damages being due by Nature’s Playground. 

4.3. If any conditions of a Third-Party Provider apply to the Services, such conditions shall be part of the Offer and therefore part of the Agreement. 

4.4. Request for Services are deemed to have been exclusively directed to Nature’s Playground and not to any person specifically connected to Nature’s Playground. This also applies if it is the intention of the Parties that an order will actually be carried out by a specific person associated to Nature’s Playground. The effect of Articles 7:404, 7:407 and 7:409 of the Dutch Civil Code is expressly excluded. 

5. Activities 

5.1. This clause 5 is applicable if any Activity is part of the Services provided. 

5.2. The Contractor is solely responsible for taking precautions so that no injuries or accidents occur. Among other things, the Contractor must ensure that any physical activity is carried out in a safe matter, that physical limitations are observed, and that injuries and/or overexertion are prevented. Furthermore, the Contractor is responsible for the manner in which he accepts and follows Nature’s Playground's advice. In case of complaints or doubts about his health, the Contractor should always consult his (treating) doctor or other professional. Since the Activities are not tailored to the needs and/or physical condition 

of the individual Contractor, any liability in connection therewith, including (but not limited to) liability in connection with injuries and/or accidents, is excluded. 

5.3. Nature’s Playground shall ensure that the persons associated with Nature’s Playground, or the Third-Party Supplier, comply with the applicable legal regulations and that they are equipped with the minimally required proper safety equipment. Nature’s Playground, or the Third-Party Provider in its place, is allowed at all times to alter the agreed upon Activities, for (anticipated or expected) safety and/or meteorological reasons. Clause 11 is applicable under such circumstances. 

5.4. Contractor acknowledges that all Activities by virtue of the nature of the Activities involve hazards, as risks may arise from wildlife, meteorological conditions and other hazardous situations such as (but not limited to) lack of prepared trails, heights without fall protection, and geological conditions. Contractor has properly informed himself prior to conclusion of the Agreement regarding all possible risks and has deliberately accepted these risks, as part of the Service(s) provided by Nature’s Playground. All liability on the part of Nature’s Playground in connection with the aforementioned hazards or risks is therefore excluded. 

6. Services abroad and/or with overnight 

6.1. This clause 6 applies if the Services are (wholly or partially) provided abroad (i.e., not in the Netherlands) or with an overnight stay. 

6.2. Administrative and/or health regulations and/or other (travel) restrictions that apply when travelling are available, inter alia, on the Website, www.nederlandwereldwijd.nl and the Travel App of the ministry Foreign Affairs and Customs. 

6.3. It is the responsibility of the Contractor to inform himself (also on behalf of fellow travellers), prior to booking, up to the moment of departure and during the trip (remain) informed of all applicable regulations at both the (final) destination and any stopover and/or transfer locations. 

6.4. It is the responsibility of the Contractor to (also for the benefit of fellow travellers) in a timely and adequately matter, inform himself with respect to any regulations relating to police, customs and health for the trip, such as passport, national identity card, consents, visas, medical certificates, vaccinations, vaccination certificates, etc. for both the (final) destination as well as any stopover and/or transfer locations. 

6.5. Possible consequences of non-compliance with regulations or not informing oneself correctly (in a timely matter), such as not being able to leave on the indicated date, are solely for risk of the Contractor. 

7. Prices and payment 

7.1. Prices used by Nature’s Playground are in euro (€) including VAT and/or any other government-imposed form of taxation, unless specified otherwise. 

7.2. All invoices of Nature’s Playground should be paid within fifteen (15) days from invoice date. 

7.3. If an invoice is not paid in full within the due date referred to in clause 7.2, the Contractor shall be in default without any notice of default being required. Nature’s Playground shall be entitled to (partially) extrajudicially dissolve all Agreements with immediate effect, with a right to payment for Services already delivered, as well as compensation for damages. 

7.4. If the Contractor fails to pay an invoice within the due date referred to in clause 7.2, Nature’s Playground retains the right to charge interest pursuant to the Dutch Civil Code. 

7.5. If an invoice of Nature’s Playground remains unpaid and collection measures are required, Nature’s Playground’s extrajudicial collection costs shall be set in advance at 15% of the principal sum with a minimum of €100. 

8. Cancellation by Contractor 

8.1. In the event of cancellation by Contractor, the Contractor shall owe to Nature’s Playground a fixed compensatory payment, at a percentage of the agreed price, namely: 

a. 15% in the case of cancellation up to 6 months before the start of the Service(s); 

b. 20% in the case of cancellation up to 5 months before the start of the Service(s); 

c. 30% in the case of cancellation up to 4 months before the start of the Service(s); 

d. 50% in the case of cancellation up to 3 months before the start of the Service(s); 

e. 75% in the case of cancellation up to 2 months before the start of the Service(s); 

f. 80 % in the case of cancellation up to 1 month before the start of the Service(s); 

g. 95% in the case of cancellation up to 2 weeks before the start of the Service(s); 

h. 100% in the case of cancellation within 2 weeks of the start of the Service(s). 

8.2. Nature’s Playground has the right to claim additional damages or costs on cancellation, if such damages or costs exceed the compensatory payment as mentioned in clause 8.1. Such additional damages or costs may include any amounts charged by a Third-Party Provider. 

8.3. The Contractor can request Nature’s Playground consent for a third party to take its place for the agreed upon services. In such case Nature’s Playground shall allow this substitution, unless such substitution is not possible by virtue of a contract between Nature’s Playground and a Third-Party Provider or any other (legal or practical) reason. The costs of substitution, including for example the costs charged to Nature’s Playground by a Third-Party Provider, shall at all times be charged in full to the Contractor. In addition to this Nature’s Playground shall charge an administrative fee of 50 (fifty) euro for such substitution. 

9. Termination of the Agreement 

9.1. Nature’s Playground is entitled to immediately rescind or terminate the Agreement, without any obligation on its part to pay any damages or compensation and without prejudice to any statutory or contractual right of Nature’s Playground, if: 

a. Contractor is declared bankrupt; 

b. Contractor has applied for or has been granted a (temporary) moratorium; 

c. Contractor is in liquidation, a petition for liquidation has been filed or Contractor's business is otherwise terminated; 

d. a private agreement has been concluded with one or more creditors of Contractor; 

e. an attachment is levied on the Contractor's assets or assets. 

9.2. Nature’s Playground is authorised to suspend the fulfilment of its obligation or to dissolve the Agreement with immediate effect if the Contractor does not pay, does not pay in full or does not pay on time, or if the agreed payment turns out to be irrecoverable in any way. 

9.3. If Nature’s Playground dissolves or terminates the Agreement on the grounds referred to in this clause 9, it will not be obliged to compensate for any damage and costs incurred in any way as a result. 

9.4. In the event of rescission, any amount owed by the Contractor to Nature’s Playground will become immediately due and payable. 

9.5. Nature’s Playground can terminate the Agreement within the period stated in the Offer, in the event that the number of persons partaking in the particular Service is smaller than the minimum number of participants required or if Nature’s Playground is unable to provide the Services to a reasonable quality as a result of external or internal factors which could not have been foreseen at the moment of conclusion of the Agreement. In such case Nature’s Playground shall reimburse all amounts already paid by Contractor. Nature's Playground is not liable for any additional damages, costs or compensations in case of termination under this clause. 

10. Liability 

10.1. In case of liability on the part of Nature’s Playground, Nature’s Playground's liability for any damages, whether for breach of contract, tort or for any other reason, will be limited to the amount due and paid by the Contractor under the Agreement to which the damaging event relates. 

10.2. Without prejudice to the provisions of clause 10.1, Nature’s Playground is never liable for indirect damages, consequential damages, loss of profit, damage as a result of claims of third parties, missed savings, loss of missed opportunities arising from or related to the Agreement and the Services provided therein. 

10.3. The limitations of liability in this clause do not apply in case of intent or deliberate recklessness on the part of Nature’s Playground. 

10.4. A condition for the emergence of any right to damages for Contractors, regardless of the basis of such liability, is always that Contractors report the ground for damages in writing to Nature’s Playground as soon as possible, and no later than twelve months after the occurrence of the damage, or at least within twelve months after the moment that the damage could reasonably have been discovered, clearly stating the damage. 

10.5. Liability on the part of Nature’s Playground for any damage will not exist if the Contractor has taken out or could reasonably have taken out an insurance policy covering the risk of such damage. 

11. Force majeure 

11.1. Nature’s Playground is, with the exception of the provisions of this clause 11, not obliged to fulfil any obligation in the event that it is prevented from doing so as a result of force majeure. 

11.2. In the event of force majeure, Nature’s Playground will endeavour to offer a suitable alternative to a Service(s), such as offering the Service(s) at a different time and/or location. 

11.3. Force majeure in this clause shall in any case be understood to mean the situation in which Nature’s Playground or the Third-Party Provider engaged by it are unable, as a result of external factors, to offer Services in a sufficiently qualitative manner or in a manner which sufficiently guarantees the safety of the representatives of Nature’s Playground, the Third-Party Provider and/or Contractor during the Services, such to be determined at the sole discretion of Nature’s Playground. This shall in any event include the following external factors: extreme weather situations, (political) unrest or other events which can threaten safety of individuals partaking in the Services and/or Activities, public transport or airline strikes, lockdowns or other government measures in the event of a pandemic or similar situation, work strikes at Nature’s Playground's and/or the Third Party Provider’s company and illness and/or prevention of a coach or other person associated with Nature’s Playground and/or the Third Party Provider. 

12. Intellectual property 

12.1. All Content is intended for personal, non-commercial use by the Contractor only. The Contractor shall not, without Nature’s Playground express written consent, archive, reproduce, distribute, modify, license or otherwise make available to third parties Content or information otherwise of Nature’s Playground, or create derivative content or information from it. All Content created and provided by Nature’s Playground shall remain the express property of Nature’s Playground at all times. 

12.2. Models, methodologies and tools developed and/or applied by Nature’s Playground for the performance of the Services shall remain the property of Nature’s Playground, even if they have been made available to the Contractor in the performance of the Services. Publication or other forms of disclosure thereof may be made only after Nature’s Playground written consent has been obtained. 

13. Personal data 

For the purposes of the Services, it is necessary for Nature’s Playground to process the personal data from the Contractor and/or Participant (including, the full name, telephone number, and email address). Nature’s Playground shall process such personal data only for the purpose of carrying out the Service(s) and in accordance with the General Data Protection Regulation and Dutch privacy legislation (such as the UAVG). 

14. Applicable law and jurisdiction 

14.1. All disputes and claims that may arise out of or in connection with any Agreement, these Conditions or the relationship between Parties shall be exclusively governed by the laws of the Netherlands. 

14.2. All disputes and claims that may arise out of or in connection with any Agreement, these Conditions or the relationship between Parties shall be exclusively submitted to the District Court of Noord-Holland, location Haarlem, the Netherlands. 

14.3. If Contractor qualifies as a consumer under the Dutch Civil Code, Contractor may inform Nature's Playground (within one month after Nature’s Playground has invoked in writing the choice of forum as mentioned in clause 14.2) that the Contracting Party chooses to submit the dispute to the relevant court which has jurisdiction according to the law. The foregoing is without prejudice to Nature's Playground's right at all times to submit the dispute directly to the relevant court which has jurisdiction according to the law