Article 1. General
1. These general terms and conditions apply to all services of the Adventure Bike Rider Club, unless otherwise stated when booking.
Article 2. Definitions
1. ABR Club: Adventure Bike Rider Club and/or (legal) persons acting on behalf of the ABR Club.
2. Activity: riding training, ride (with or without supervision), event or workshop with or without (rental) motorcycle and other services.
3. Participant: the person who participates in the Activity at the ABR Club.
4. Registrant: the person who enters into the agreement with the ABR Club for themselves or on behalf of or for the benefit of the Participant.
5. Agreement: the agreement relating to the booked Activity
6. Written: in writing or by e-mail.
7. Working days: Monday to Friday, with the exception of public holidays recognized in the Netherlands, during working hours (9 am – 5 pm Dutch time).
Article 3. ABR Club Membership
1. Purpose of general terms and conditions of membership Adventure Bike Rider Club (ABR Club)
The purpose of the general terms and conditions is to show the few special rights and obligations that are associated with membership of the ABR Club. These conditions are an elaboration of the rights and obligations that are associated with membership of the ABR Club.
2. ABR Club membership
ABR Club membership is personal and entitles you to the ABR Club events intended for members. Members of the ABR Club can only be natural persons, hereinafter referred to as members.
3. Membership fee
1. The membership fee concerns the annual fee that you as a member must pay in order to obtain membership.
2. If you become a member of the ABR Club during the calendar year, the membership fee for the year in which membership commences depends on the date of the application for membership. The current membership fee can be found on our website.
3. The membership fee can be adjusted annually. The changed membership fee will be announced annually by the ABR Club to its members no later than 1 December on its website www.adventurebikeriderclub.com and/or via the digital newsletter.
4. The membership fee must be paid before the due date specified by the ABR Club before being able to join the ABR Club events.
4. ABR Club events
1. ABR Club members benefit from the services and products offered by the ABR Club. ABR Club events are services and/or products offered to members by or on behalf of the ABR Club by affiliated partners without any compensation being due. ABR Club events are also additional services and/or products offered by or on behalf of the ABR Club by affiliated partners at a (reduced) rate in addition to the regular membership fee or for which a financial contribution is made by the ABR Club.
2. The ABR Club is committed to further expanding the services or products belonging to the ABR Club events for its members, also taking into account the demand and needs of its members. For the most up-to-date overview of the ABR Club events, please refer to the website of the ABR Club, where any special conditions that apply to the specific ABR Club events can also be consulted.
3. The ABR Club is not liable for damage, including consequential damage, that may arise as a direct or indirect result of the quality or conformity of the services and/or products provided by third parties as ABR Club events.
Article 4. Course offering and registration
1. The offer is subject to availability.
2. At the time of receipt of the (online) registration or acceptance of the quotation, hereinafter referred to as “registration”, for the Activity, the Subscriber accepts the offer of the ABR Club, and the Agreement between the Subscriber and the ABR Club is concluded to which these conditions apply. The ABR Club offer is without obligation and can also be revoked immediately after acceptance by the ABR Club.
3. The ABR Club will send a confirmation of the registration to the Registrant by e-mail.
4. If the Registrant and the Participant are not the same (legal) persons, the Registrant will ensure that the Participant knows and accepts all obligations and conditions arising from the Agreement.
The Registrant indemnifies the ABR Club against all damages related to the failure to comply with this obligation. The ABR Club reserves the right that the Participant must sign or approve the participant declaration prior to the Activity.
5. Both the Registrant and the Participant are jointly and severally liable for the fulfilment of all obligations arising from the Agreement.
6. Obvious errors and mistakes do not bind the ABR Club.
7. The ABR Club advises the Registrant to submit a separate cancellation insurance to cover the financial consequences in the event of unexpected cancellation.
Article 5. Course fee and payment
1. From the moment of registration, the obligation to pay the amount set by the ABR Club for the Activity (including any rental motorcycle), hereinafter: “the course fee”, arises.
2. The prices on the ABR Club website include VAT, per person and include (only) all services and facilities as described in the ABR Club offer.
3. The course fee must be paid upon registration, or if applicable no later than 60 days before the start of the Activity, to account NL30 INGB 0006594707 in the name of ABR Club / Motorinstructeur.nl, stating the invoice number or reference number of the Activity.
4. If the Registrant fails to pay within the period stated in the third paragraph, the ABR Club will owe interest equal to the statutory interest. The interest in question will be calculated on the amount then due, from the moment the default occurred. The Tenderer must pay extrajudicial collection costs if he has not paid within the final payment term set by means of a written reminder. The extrajudicial collection costs amount to: 15% of the amount claimed up to € 2500, 10% on the subsequent € 2500, 5% on the subsequent € 5000 and 1% on the excess.
5. If payment is not made even after a reminder or if payment has not been made before the start of the Activity, the ABR Club may exclude the Participant from participation. The obligation to pay remains in force. Instead of excluding the Participant from participation, the ABR Club may cancel the Agreement and charge the cancellation costs due for this as determined in article 5 paragraph 2 to the Tenderer.
Article 6. Cancellation, deregistration, rescheduling by Tenderer
1. Cancellation or deregistration must be made in writing.
2. In case of cancellation or withdrawal by the Registrant or Participant, regardless of the reason, the following costs are due by the Registrant/Participant:
a. In case of cancellation up to 31 days before the start of the Activity, 10% of the course fee with a minimum of € 25;
b. In case of cancellation from 31 days to 14 days before the start of the Activity, 30% of the course fee;
c. In case of cancellation from 14 days to 7 days before the start of the Activity, 60% of the course fee;
d. In case of cancellation from 7 days before the start of the Activity, 100% of the course fee.
3. The above-mentioned terms apply from the moment of receipt by the ABR Club of the written cancellation. In case of receipt after 17:00 or outside of Working Days, the following Working Day is considered the date of receipt.
4. If rescheduling is possible, rescheduling the Activity is considered equivalent to cancelling the existing booking to which cancellation costs apply and booking a new Activity, unless otherwise indicated in writing by the ABR Club.
5. Failure to appear at the Activity is equivalent to cancellation.
Article 7. Replacement
1. Participant may be replaced by a third party if:
a. The replacement meets the (registration) conditions of the Activity.
b. The Agreement including conditions are handed over to the replacement by the Registrant or Participant and are accepted by the replacement without reservation.
c. The conditions of the service providers involved do not prevent the replacement.
d. The (personal) details of the replacement, as requested in the registration form for the Activity, are reported to the ABR Club no later than 3 working days before the start of the Activity.
2. In the event of replacement, €25 administration costs will be charged.
Article 8. Changes, rescheduling and cancellation by the ABR Club
1. The ABR Club reserves the right to make changes to the Activity.
2. The ABR Club reserves the right to cancel the Activity or reschedule it to another date if necessary.
3. The Participant will be notified of cancellation or rescheduling in writing or by telephone as soon as possible.
4. In the event of cancellation by the ABR Club, the ABR Club will refund the course fee to the Registrant.
5. In the event of rescheduling by the ABR Club where the new date is not reasonably acceptable to the Registrant, he/she will receive a credit note. If this alternative is not reasonably acceptable to the Participant, the ABR Club will refund the course fee.
Article 9. Participant obligations, driving license and experience
1. Participant is aware of and has the necessary prior education and/or experience for the Activity, according to the current information on www.adventurebikerider.com.
2. When participating in a driving activity, Participant is required to be in possession of a valid driving license A. The aforementioned driving license must be brought along by Participant to the Activity and must be shown upon request.
3. If the driving license eligibility of the Participant is (temporarily) denied at the time of the Activity, then paragraph 1 is not met and it is therefore not permitted to participate in the Activity.
4. This is the responsibility and risk of the Participant.
5. Participation is at all times at your own risk and the Participant is obliged to cover possible risks yourself. For Activities outside the Netherlands, the Participant must take out a good travel insurance including medical expenses, accidents and repatriation. We also strongly advise taking out a cancellation insurance. The ABR Club is not liable for loss, damage or the loss of means of transport, luggage, travel documents, personal belongings and/or travel documents.
6. The Participant must be fit and healthy. In case of doubt, the Participant must consult a doctor. Physical or psychological conditions that may affect the successful completion of the Activity must be reported before or upon registration. If it appears before or during the Activity that the Participant does not have the required condition to participate, the ABR Club may decide to exclude the Participant from further participation. Any inconveniences and costs resulting from this will be borne by the Participant.
7. The Participant must behave as a reasonable Participant and follow the instructions of the ABR Club or other trainers/supervisors regarding safety (such as alcohol consumption or driving behavior), program and group activities. If this is not followed, the Participant may be excluded from further participation, without being able to claim compensation or reimbursement of the paid fees. Costs resulting from exclusion from the Activity will be borne entirely by the Participant.
Article 10. Execution of the service and liability of the ABR Club
1. If the Activity does not proceed according to the Participant’s expectations, the Participant is obliged to report this to the ABR Club as soon as possible. See also article 11, Complaints.
2. If the Activity does not meet the Participant’s justified expectations and the reported shortcoming cannot be resolved, the ABR Club will consult with the Participant and may arrange compensation or an alternative where appropriate. The Participant is not entitled to compensation or an alternative if the shortcoming is attributable to the Participant, other participants, third parties not involved in the activity or force majeure.
3. The ABR Club is not liable for damage attributable to the Participant, other participants, third parties not involved in the activity or force majeure.
Article 11. Exclusion and limitation of liability
1. The Participant realises that riding a motorcycle on unpaved surfaces entails additional (health) risks.
2. Participation in the Activity is entirely at the Participant’s own risk.
3. The Participant is responsible for his/her own driving behaviour and any consequences thereof. The Participant declares that he/she will adhere to the (traffic) rules and instructions applicable on site.
4. The ABR Club is not liable for damage to the motorcycle, (motorcycle) clothing or other possessions of the Participant, nor for personal injury suffered by the Participant, which occurred before, during or after participation in the Activity, except in the event that the law does not permit such a limitation of liability, including in the event of intent or gross negligence on the part of the ABR Club.
5. If the ABR Club is liable for any damage, including damage resulting from the death or personal injury of the Participant, the ABR Club is nevertheless only liable up to the amount that its liability insurer pays out in a given case.
6. If the ABR Club is liable for any damage, including damage resulting from the death or personal injury of the Participant, this liability will also be limited or excluded to the limits permitted under the applicable international treaties and/or EU regulations relating to the individual services.
7. The liability of the ABR Club for damage other than that caused by death or injury of the Participant is limited to a maximum of three times the price paid for the service, without prejudice to the provisions in other articles of these Terms and Conditions.
8. During the Activity, the Participant must take into account and act responsibly towards other participants, recreational users, residents and other road users.
9. The ABR Club is not liable for costs or damage of any nature whatsoever arising from a force majeure situation, such as but not limited to government regulation, epidemics, natural influences, etc. or cancellation or modification of the Activity as a result thereof.
10. The exclusions and/or limitations of the liability of the ABR Club that are set out in this article, also apply to subordinates of the ABR Club and any service providers or partners involved, as well as their staff.
11. Any claim by the Registrant/Participant for compensation for damages and other claims by the Registrant/Participant shall expire two years after the Activity has taken place. If the Activity did not take place, it shall expire two years after the planned date of commencement. Without prejudice to the limitation period and the obligation to complain in a timely manner, any claim by the Participant for compensation for damages shall expire three years after the commencement date of the Activity.
Article 12. Complaints
1. In the event of complaints, the Participant must report these immediately to the ABR Club and give the opportunity to remedy the complaint. Any right of the Participant to compensation for damages may be limited or excluded if the Participant did not make his/her complaint known during the Activity and the ABR Club was therefore not given the opportunity to remedy the shortcoming.
2. Within one month after the end of the Activity, the complaint can be submitted to the ABR Club in writing and with reasons if it has not been resolved satisfactorily during the Activity.
Article 13. Own motorcycle
1. The Participant must ensure that his/her own motorcycle, if used to participate in the Activity, meets the legal requirements and the regulations of the ABR Club. Use is at your own risk.
2. The Participant must insure the motorcycle with which he/she participates in the Activity in accordance with the requirements as laid down in the Motor Vehicle Liability Act (WAM) with a company that does not have exclusions from liability coverage during participation in the Activity organized by the ABR Club.
3. If the provisions of the previous paragraphs are not met, the ABR Club has the right to refuse the Participant from participating in the Activity. In this situation, no claim can be made for reimbursement of (part of) the course fee.
Article 14. Motorcycle clothing and personal protective equipment
1. During a riding activity, it is necessary for the Participant to wear protective motorcycle clothing. Without it, the Participant runs a greater risk of injury in the event of a (mis)fall. Responsibility and risk for the choice of clothing lies with the Participant. For the minimum and advice, see: https://www.adventurebikeriderclub.com.
2. The ABR Club may exclude the Participant from the Activity if the clothing does not meet the requirements. In this situation, no claim can be made for a refund of (part of) the course fee.
Article 15. Bad weather
The ABR Club reserves the right to adjust routes, locations and the program of the Activity if weather conditions require this. The ABR Club cannot be held responsible for bad or unpleasant weather and therefore no course fee will be refunded in such situations.
Article 16. Media
All photos and videos taken by the ABR Club are the property of the ABR Club. The ABR Club is permitted to use this material for recruitment purposes (website, e-mail newsletters, social media, brochures, etc.) even if the Participant is recognizable therein, without owing any compensation to the Participant. The Participant is not permitted to make images and/or sound recordings of an instructional part of the Activity.
Article 17. Right of withdrawal
The so-called right of withdrawal is excluded from the Activity because the Activity is to be regarded as a service relating to leisure activities, the performance of which is scheduled for a specific date or in a specific period.
Article 18. Other provisions.
1. Subordinates, assistants and other third parties involved in the performance of the Agreement may invoke the provisions of the Agreement and these Terms and Conditions (including the exclusions of liability) towards the Subscriber/Participant.
2. If mandatory law prevents the validity of a provision in these Terms and Conditions or if a provision is annulled, that provision is deemed to have been converted into a valid provision that approximates the original intention as closely as possible in terms of content and scope.
3. The offer, the Agreement and the performance of the Agreement are exclusively governed by Dutch law, unless this is in conflict with mandatory law. If the Subscriber/Participant is a consumer and lives outside the Netherlands at the time of booking, the following applies: Despite the choice of law, the consumer is entitled to the protection offered by the mandatory law of the country of his residence if (cumulatively):
– the ABR Club directed the commercial activities for the agreed service to the country where the consumer is resident, and;
– the agreed services are performed in part or in full in that country.
4. The court within whose jurisdiction the ABR Club is located, is exclusively authorized to hear disputes regarding the Agreement and anything related to it, unless this is in conflict with mandatory law. The ABR Club is also permitted to summon the Registrant/Participant to court in its place of residence.