General Terms & Conditions

1.1.In these general conditions the following terms shall have the following meanings:

2.1These general terms and conditions apply to all quotations, offers, and travel agreements of BIKE & HIKE ADVENTURE.

2.2Any deviations from these general conditions are only valid if they have been expressly agreed in writing or electronically.

2.3If one or more provisions in these general conditions are, at any time, wholly or partially null and void or may be nullified, the other provisions of these general conditions shall remain fully applicable. The void or nullified provisions will be replaced by BIKE & HIKE ADVENTURE, taking into account as much as possible the purpose and meaning of the original provision(s).

2.4If BIKE & HIKE ADVENTURE does not always require strict compliance with these general conditions, this does not mean that the provisions do not apply, or that BIKE & HIKE ADVENTURE to any extent would lose the right to require strict compliance with the provisions of these general conditions in other cases.

3.1BIKE & HIKE ADVENTURE cannot be held to its quotations, offers or other publications if the traveler can reasonably understand that the quotations, offers or other publications or a part thereof, contain an obvious mistake or clerical error.

3.2Every offer is without obligation.

3.3BIKE & HIKE ADVENTURE may be forced to temporarily or permanently withdraw a particular offer.

3.4Offers or quotations do not automatically apply to future travel agreements.

3.5Prior to the formation of the travel agreement, BIKE & HIKE ADVENTURE will provide the principal booker with the standard legal information, and a clear description of the offered trip and BIKE & HIKE ADVENTURE will inform the principal booker of the obligation included in Article 12.1.

4.1Via the website, the booking form can be sent to BIKE & HIKE ADVENTURE. After receipt of this booking form by BIKE & HIKE ADVENTURE, the principal booking party will receive a confirmation via e-mail in the form of a booking confirmation or invoice including these general conditions. The travel agreement is concluded after the head booker has accepted the offer sent by BIKE & HIKE ADVENTURE including the general conditions by means of the down payment or the entire travel sum if the booking is made a day or week(s) before departure, is paid by the head booker.

4.2The main booker is jointly and severally liable for all obligations resulting from the travel agreement.

4.3The information in the publication of BIKE & HIKE ADVENTURE is part of the travel agreement.

4.4When booking, the main booker provides all relevant information about himself and his fellow travelers, including any wishes about medical or other specific personal requirements. The preference indicated will be taken into account as much as possible. However, no rights can be derived from this.

4.5The traveler declares that he or she considers himself or herself physically and mentally fully fit and able to successfully complete the trip.

4.6All communication between the travelers and BIKE & HIKE ADVENTURE will exclusively take place via the head booker in the English language.

5.1When the travel contract is concluded, a deposit of 25% of the travel sum with a minimum of US$ 50,- per traveler booked must be paid.

5.2The remainder of the travel sum must be paid in full before departure. If payment is not made on time, the principal booker shall be in default. The main booker will be notified in writing by or on behalf of BIKE & HIKE ADVENTURE and still has the opportunity to pay the amount immediately. If payment is not made even then, the travel agreement will be considered canceled on the day of default. The main booker will be informed of this cancellation in writing, by e-mail or via WhatsApp. BIKE & HIKE ADVENTURE is entitled to charge the cancellation fee due for this. In that case, the provisions of Article 10 apply and the already paid funds will be deducted from the cancellation fees. If the already paid travel sum is less than the amount of the cancellation costs, BIKE & HIKE ADVENTURE will send the main booking party an invoice for the cancellation costs. This invoice must be paid within the payment term stated on the invoice. If the head booker does not pay within the payment term, BIKE & HIKE ADVENTURE will send the head booker a reminder and the statutory interest will be charged to the head booker.

5.3If the travel agreement is made within 1 week before the day of departure of the trip, the entire travel sum must be paid immediately.

5.4Together with the booking confirmation or invoice mentioned in Article 4.1 including these General Terms and Conditions, the chief booker may receive an e-mail from BIKE & HIKE ADVENTURE explaining the payment of his booking. Depending on the time of booking, the head booker can receive a request to pay the deposit and later to pay the remainder of the travel sum or to pay the entire travel sum at once if the head booker books shortly before departure.

6.1The published travel price is per traveler unless otherwise stated in the publication.

6.2The published travel price includes only the services and facilities as published in the program.

7.1Local circumstances and weather conditions may require adjustments to the travel program before or during the trip. Such adjustments to the travel program may result in routes, accommodations, and local transport deviating from what is mentioned in the travel agreement.

7.2Changes prior to the trip will be communicated to the main booker by e-mail or via WhatsApp. If the travel agreement is substantially changed prior to the trip, the head booker has only the right to cancel the trip free of charge within the reasonable period announced by BIKE & HIKE ADVENTURE.

7.3If during the trip a significant part of the services cannot be performed as agreed in the travel agreement, BIKE & HIKE ADVENTURE has the right to offer at all times the traveler reasonable alternatives exclusively to be judged by Bike & Hike Adventure with a view to continuing the trip. If the change has the effect of substantially reducing the quality of the trip, the main booker is entitled to an appropriate price reduction. The final decision will be taken by Bike & Hike Adventure per individual case.

8.1In case of bad weather conditions, such as heavy precipitation, storms or thunderstorms, or predictions of bad weather conditions or other local circumstances, the trip will continue. Bad weather conditions, forecasts of bad weather conditions and other local conditions do not entitle the main booker to cancel the travel contract free of charge. If the main booker cancels the travel agreement due to bad weather conditions, predictions of bad weather conditions or other local circumstances, then the stipulations of Article 10 of these general terms and conditions apply.

8.2If a code is issued for the location of a biking or hiking tour, then this biking or hiking tour will (partially) not take place and the travelers will be transferred by BIKE & HIKE ADVENTURE if necessary by bus to the office of Bike & Hike Adventure. Such a change is the result of unavoidable and extraordinary circumstances, therefore there is no right to compensation and in such case, articles 7.2 and 7.3 are not applicable.

9.1BIKE & HIKE ADVENTURE has the right to terminate the travel agreement and fully refund the main booker all amounts paid for the trip without owing any compensation to the main booker, if:

10.1The cancellation conditions take effect on the day of the conclusion of the travel agreement (Article 4).

10.2A cancellation must be made in writing by e-mail or via WhatsApp. In case of a cancellation by e-mail or via WhatsApp, the date of receipt of the e-mail or WhatsApp message will apply as the date of cancellation.

10.3Date of Cancellation: The date and time of cancellation is the moment BIKE & HIKE ADVENTURE receives the cancellation, whether by e-mail or WhatsApp. Cancellations received outside office hours [08:00–17:00, Monday–Friday] are valid immediately but will be processed on the next working day.

10.4Cancellation Charges:

10.5There are trips where cancellation fees and deadlines may differ from the above. If so, this is indicated in the detailed information of the trip in question.

10.6Reduction in number of travelers; If within one booking the number of travelers is reduced, BIKE & HIKE ADVENTURE, may charge the cancellation fees mentioned in paragraph 4 of this article.

10.7If a traveler voluntarily decides to leave a trip (for example, because of medical reasons), he cannot claim a refund or reimbursement of additional costs incurred in connection with leaving the trip.

10.8Additional requirements during (in)travel and at the destination, such as showing a negative result of a PCR test, obtaining a valid corona access ticket (QR code), wearing a mouth mask, time blocks, distance measures, etc. are at the risk of the traveler. Governments may change these requirements unannounced. BIKE & HIKE ADVENTURE may also impose additional requirements to ensure safety or comply with a legal duty. If the traveler, for reasons mentioned in Article 10.8, cancels the trip, the provisions of Article 10.4 apply.

10.9Travel credit issued out of courtesy; If a trip is cancelled by the traveler and a travel credit is issued out of courtesy, the following applies (unless other conditions are communicated by BIKE & HIKE ADVENTURE):

11.1Substitution; In good time before the commencement of the trip, the traveler may be replaced by another person. This is subject to the following conditions:

11.2Change of departure date; Unless BIKE & HIKE ADVENTURE indicates that it is a re booking, the change of departure date constitutes the cancellation of the existing agreement and the creation of a new agreement. The cancellation regulation of Article 10.4 (cancellation costs) applies to the canceled agreement.

12.1.Travelers are obliged to take out travel insurance covering the costs in case of termination of the travel agreement by the traveler or the costs of (medical) assistance, including repatriation, in case of accident, illness or death. At BIKE & HIKE ADVENTURE's first request, the traveler must prove that he has purchased the mandatory travel insurance, and at all times the purchase is exclusively for the risk and account of the traveler and excludes fully and always any kind of risk for Bike & Hike Adventure (under all circumstances).

13.1The traveler acknowledges that biking, hiking, climbing, swimming, and snorkeling involve inherent risks, including injury, illness, or death, whether foreseen or unforeseen. The traveler voluntarily assumes all such risks and confirms they are physically and mentally fit to participate.

13.2Due to the naturally uneven and unpredictable outdoor terrain (hard/soft sand, potholes, hills, washed-up trash/wood, etc.) or of the road, there is an increased risk of injuries and accidents (falls, sprains, etc.) in this form of hiking. Such occurrences cannot be completely ruled out. The risks must be borne by the traveler.

13.3Every traveler is expected to be in good physical and mental condition. If the biking and/or hiking trip is too strenuous for the traveler and the traveler does not feel fit to continue the hiking trip, the traveler must terminate his participation in the trip.

13.4Each traveler must be aware of the necessary physical and mental condition for the trip. BIKE & HIKE ADVENTURE is in no way responsible for defects in the equipment or deficiency of the physical or mental condition of the travelers.

13.5BIKE & HIKE ADVENTURE is entitled to exclude a traveler from further participation, if physical or mental abnormalities or inadequate condition/equipment of the traveler, seriously hinder the progress of the trip. All resulting consequences and costs are then for the respective traveler, who is then also not entitled to a refund of the trip price or any part thereof.

13.6Participation under the influence of alcohol, drugs, or any impairing substance is strictly prohibited. Travelers deemed unfit or impaired due to alcohol, drugs, or medication may be excluded from the activity without refund, and all resulting consequences and costs will be borne by the traveler.

13.7Some parts of the route go on public roads. The route is not marked and not guarded. Compliance with the applicable traffic regulations is mandatory.

13.8Day programs and distances are a general indication, and they are subject to change.

13.9Route descriptions and/or route maps only serve as guidelines. At the time of making them, they were correct, but local conditions may change. It is up to the traveler to make the correct assessment, in accordance with weather conditions, weather forecast, terrain, and the condition of himself and fellow travelers.

13.10The traveler acknowledges and accepts the risks described in this article without any form of reservation.

14.1.The minimum age for participation is 16 years. Travelers under 18 years of age may only participate if accompanied by a responsible adult.

15.1BIKE & HIKE ADVENTURE is obliged to execute the travel agreement in accordance with the expectations that the traveler could reasonably have based on the travel agreement.

15.2If the trip does not proceed in accordance with the expectations that the traveler could reasonably have based on the travel agreement, the traveler is obliged to notify the parties concerned as referred to in Article 17 as soon as possible.

15.3If during the trip BIKE & HIKE ADVENTURE is informed of the non-conformity, BIKE & HIKE ADVENTURE will ensure that the non-conformity is remedied, unless that:

15.4The traveler is entitled to appropriate compensation from BIKE & HIKE ADVENTURE for damages incurred by the traveler due to non-conformity unless BIKE & HIKE ADVENTURE proves that the non-conformity is due to:

15.5BIKE & HIKE ADVENTURE cannot be held liable for damage caused by the traveler himself or by a third party not engaged by BIKE & HIKE ADVENTURE.

15.6Insofar as BIKE & HIKE ADVENTURE can be held liable for damage suffered by the traveler, this liability will be limited or excluded in accordance with the applicable international conventions.

15.7In all possible cases of damage the liability of Bike & Hike Adventure is limited to the maximum amount equal to three times the tour cost as paid by the traveler.

15.8BIKE & HIKE ADVENTURE accepts no liability for damage for which the usual travel and cancellation insurances provide coverage.

15.9BIKE & HIKE ADVENTURE is not liable for the state and condition of roads, trails, and markings.

15.10BIKE & HIKE ADVENTURE is never liable for damages resulting from the use of biking or hiking descriptions and/or maps provided by BIKE & HIKE ADVENTURE to the traveler.

15.11BIKE & HIKE ADVENTURE is not liable for damage of any kind that arises because BIKE & HIKE ADVENTURE relied on incorrect and/or incomplete information provided by or on behalf of the traveler.

15.12BIKE & HIKE ADVENTURE is not liable for damage to or breakage of bags or other materials and their contents during the trip. This damage is covered by the traveler's travel insurance. The traveler is at all times responsible for the quality of his/her bag or other properties.

15.13BIKE & HIKE ADVENTURE is not liable for the damage suffered by the traveler due to arrest by the police and/or other authorities during the trip or due to the traveler's non-compliance or alleged non-compliance with legal regulations. All consequences thereof shall be borne by the traveler.

15.14The traveler acknowledges that outdoor and water-based activities carry inherent risks, including injury or death. To the maximum extent permitted by law, BIKE & HIKE ADVENTURE, its owners, staff, representatives, and affiliates shall not be liable for any injury, loss, or death arising from participation in any activity, including accidents, terrain conditions, weather, equipment failure, or the actions of the traveler or third parties.

15.15The traveler expressly waives any right to bring claims or lawsuits against BIKE & HIKE ADVENTURE, its owners, staff, representatives, or affiliates arising from participation in biking, hiking, climbing, swimming, snorkeling, or related activities, including injury, illness, or death, whether foreseen or unforeseen, to the maximum extent permitted by law.

16.1The traveler is obliged to follow all instructions to promote the proper execution of the trip by BIKE & HIKE ADVENTURE or the travel guide. The traveler is liable for all damages caused by non-compliance with this obligation.

16.2During biking, hiking, swimming, or snorkeling, the traveler must always act safely, remain alert, and pay attention to their surroundings. Participation while under the influence of alcohol, drugs, or any substance that may impair judgment or physical ability is strictly prohibited. BIKE & HIKE ADVENTURE may exclude any traveler who appears impaired, and all resulting costs will be borne by the traveler without entitlement to a refund.

16.3During biking or hiking, the traveler is obliged to watch where he/she is riding or walking so that he/she does not fall.

16.4If the traveler causes such hindrance or inconvenience that the execution of the trip is hindered, or endangers the other travelers, he/she can be excluded from further participation in the trip by BIKE & HIKE ADVENTURE or the travel guide. If and insofar as the consequences of the hindrance and nuisance can be attributed to the traveler, all resulting costs will be for his/her account.

16.5The traveler is obliged to avoid or limit any damage as much as possible.

16.6In the event that the traveler deviates from the itinerary during the trip, the consequences shall be borne entirely by the traveler.

16.7During the hike, the traveler must wear suitable clothing and shoes.

16.8The chief booker is obliged to ensure that the travelers he has registered observe the provisions of these general terms and conditions. The main booker is responsible for the behavior of the travelers he has registered for the trip.

16.9Costs arising from damage and/or destruction caused by travelers will, to the extent not recoverable from the perpetrator(s) themselves, be paid by the main booker who has registered the travelers.

17.1Non-conformities in the execution of the travel agreement must be reported locally as soon as possible so that a solution can be sought. If the complaint relates to the services and/or deliveries of a service provider engaged by BIKE & HIKE ADVENTURE, such as a restaurant or hotel, the traveler must first report the complaint to the service provider concerned, so that the service provider has the opportunity to handle and resolve the complaint. If the complaint is not satisfactorily resolved by the service provider, the traveler must report his/her complaint to BIKE & HIKE ADVENTURE as soon as possible.

17.2If the traveler has not fulfilled the reporting obligation as follows from Article 17.1 and/or if the traveler does not give the service provider or BIKE & HIKE ADVENTURE the opportunity to resolve the shortcoming, then his/her possible right to compensation may be limited or excluded.

17.3BIKE & HIKE ADVENTURE will respond no later than 2 weeks after receipt of the complaint. If a complaint requires a longer processing time, a confirmation of receipt will be sent with an indication of when a substantive response will be given.

18.1Both parties are obliged to keep confidential all confidential information obtained from each other or from other sources in the context of the travel agreement. Information is considered confidential if this has been communicated by the other party or if it arises from the nature of the information. The party receiving confidential information will only use it for the purpose for which it was provided.

18.2BIKE & HIKE ADVENTURE processes personal data in accordance with the local laws in Aruba. For more information on how BIKE & HIKE ADVENTURE processes personal data, please consult BIKE & HIKE ADVENTURE.

18.3If, based on a statutory provision or a judicial decision, BIKE & HIKE ADVENTURE is required to disclose confidential information to third parties designated by law or by the competent court and BIKE & HIKE ADVENTURE cannot, in this case, invoke a legal or by the competent court acknowledged or permitted right to refuse to give evidence, BIKE & HIKE ADVENTURE will not be held liable for damages or compensation and the traveler is not entitled to terminate the travel agreement based on any damage resulting from this.

19.1With the express exclusion of any other legal system is only the law system of Aruba applicable to this travel agreement.

19.2All disputes regarding travel agreements between the traveler and BIKE & HIKE ADVENTURE will exclusively be judged by the competent judge in Aruba where the business of Bike & Hike Adventure is located.