General terms and conditions of sale

Ardenne AVENTURES SRL (hereinafter referred to as “ARDENNE AVENTURES”) has its registered office in Belgium at 6980 La Roche-en-Ardenne, Rue de l’Eglise No. 35, and is registered with the BCE under number BE 0431.388.197.

The present general terms and conditions (hereinafter referred to as “the General Conditions”) aim to define the rights and obligations of the parties in the context of the provision of services to the Client by ARDENNE AVENTURES.

The present General Conditions also apply to the Internet users of the website https://www.ardenneaventures.com (hereinafter referred to as “the Website”).

  1. Acknowledgment and Acceptance of the Present General Conditions

1.1. All contracts and offers relating to services provided by ARDENNE AVENTURES SRL are subject to the present General Conditions (excluding any other document, especially the Client’s general conditions), as well as the Data Protection Policy, which is deemed to be an integral part of these General Conditions.

The General Conditions are available for download in PDF format at any time on the website www.ardenneaventures.com.

The present General Conditions may be modified at any time by ARDENNE AVENTURES depending on the evolution of applicable rules and its own needs. The new conditions apply as soon as they are published on the ARDENNE AVENTURES Website. It is the Client’s responsibility to check the applicable conditions during their visit to the Website or when accepting the Offer sent by ARDENNE AVENTURES.

By requesting an Offer or confirming an order with ARDENNE AVENTURES, the Client is deemed to have accepted the latest version of the General Conditions available on the Website.

  1. Definitions
  • Client: Any natural or legal person who subscribes to Services from ARDENNE AVENTURES.
  • Order Confirmation (or reservation confirmation): Contractual document identifying the Services and certain execution modalities of the Services sent by email and/or mail by ARDENNE AVENTURES to the Client.
  • Intellectual Property Rights: All patents, copyrights, design rights, trademark rights, trade names, trade secrets, know-how, sui generis rights on databases, and any other immaterial rights (registered or unregistered) and all applications thereof worldwide.
  • Force Majeure: Any delay, failure to perform, damage, loss or destruction, or malfunction affecting the Service, or any resulting consequence caused or occasioned by, or due to an event of force majeure, such as floods, bad weather, storms, high waters, droughts, fire, earthquake, lightning destruction, power outages, explosions, wars, riots, machine or equipment destruction, unavailability of transportation means, malfunction or interruption of the electrical or telecommunications network, strikes, occupation of premises, work stoppages, acts or omissions of third parties, or any other cause beyond the reasonable control of ARDENNE AVENTURES preventing the normal execution of the contract and which cannot be overcome by adopting reasonable measures.
  • Internet User: Any person visiting the ARDENNE AVENTURES Website and, where applicable, using the contact form on the Website.
  • Offer: Any proposal of schedule and pricing related to a Service issued by ARDENNE AVENTURES (by email, phone, or via automatic counters) following a Client’s request (whether formulated via the Website, by email, by phone, or on-site via automatic counters) for the provision of Services.
  • Services: All services provided by ARDENNE AVENTURES, as defined in the Order Confirmation.
  • Website: The ARDENNE AVENTURES website accessible at the URL www.ardenneaventures.com.
  1. Offer and Order Confirmation

When ARDENNE AVENTURES receives a Client’s request, it establishes an Offer describing the services and prices and submits it to the Client. All prices indicated in the ARDENNE AVENTURES Offer are valid for a maximum of 3 weeks, unless otherwise stipulated in the Offer. Any Offer is, by nature, non-definitive and may be subject to modifications as long as it has not been accepted by the Client and has not been confirmed by ARDENNE AVENTURES. Any Offer is therefore issued subject to subsequent Order Confirmation, following the Client’s acceptance. Only the Order Confirmation sent by ARDENNE AVENTURES to the Client concludes the contract between the parties.

  1. Price and Payment

4.1. ARDENNE AVENTURES may request a deposit payment. The amount of the requested deposit and the payment deadline are stipulated in the Order Confirmation. In case of non-payment of the indicated amount within the specified period, ARDENNE AVENTURES reserves the right to terminate the contract without prior warning and without compensation due to the Client, without prejudice to the possibility of demanding the Client to pay the lump sum provided in case of cancellation before payment of a deposit as stipulated in article 8 of these General Conditions.

4.2. The balance of the price, or in the absence of a deposit, the total price, is payable in cash no later than the day of the execution of the Services by ARDENNE AVENTURES. Any payment extension will be subject to prior written agreement from ARDENNE AVENTURES.

4.3. A Client who wishes to receive an invoice must specify this no later than when accepting the Offer. The requested invoice will be sent by mail or email as soon as possible.

ARDENNE AVENTURES reserves the right to refuse to issue an invoice if the request for the invoice is sent outside a reasonable period following the execution of the Services covered by said invoice and/or without proof of payment for these Services.

4.4. Any unpaid amount on its due date will automatically and without prior notice incur interest at the rate of 12% per annum until full payment is made.

Additionally, the unpaid balance will be increased automatically and without prior notice by a percentage of 15% as a fixed compensation, with a minimum of €40.

Administrative management fees will also be charged to the Client starting from the third reminder.

4.5. The failure to pay any amount by the due date renders immediately payable all amounts due regardless of any previously granted payment facilities.

  1. Object of the Services

5.1. The Services covered by the contract are those described in the Order Confirmation. All services mentioned in the ARDENNE AVENTURES Order Confirmation are “all-inclusive,” which includes handling for the descent of the Ourthe, supervision by certified instructors for adventure activities, service during meals, all these services being provided according to usual practices for this type of services, excluding any specific terms not explicitly agreed upon in the Order Confirmation.

Unless otherwise specified in the Order Confirmation, no specific supervisor is provided for the day. The Client is solely responsible for adhering to the general schedule of their program and any transfers between activities.

  1. Client-Requested Service Modifications

6.1. Any modification of the Services occurring after the Order Confirmation must be subject to prior written agreement from ARDENNE AVENTURES and, if applicable, a new Order Confirmation. From the third modification of the Services, a flat fee of €10 including VAT will be charged for each change.

6.2. The final count will be based on the number of participants specified in the Offer, or communicated in writing no later than 15 calendar days before the service date. The count will be increased by the costs related to any additional participants the Client may invite at the last minute.

6.3. A maximum reduction of 10% in the number of participants may be tolerated and not invoiced up to 5 days before the event, with prior written agreement from ARDENNE AVENTURES.

6.4. Any on-site request for additional service, subject to ARDENNE AVENTURES’s acceptance, will be charged at the rate of €20 excluding VAT per half-hour started and per staff member present.

  1. Client Delay

7.1. Tolerated Delays: For “Adventure” type activities, a maximum delay of 30 minutes is tolerated. In this case, the duration of the activity will be reduced by the delay time so that the reserved program ends at the scheduled time.

For the descent of the Ourthe, no boarding can take place beyond the boarding schedules linked to the chosen route:

  • For the route from Maboge, reservations are valid until 3:00 p.m. It is imperative to board before 3:00 p.m.
  • For the route from Nisramont, reservations are valid until 10:00 a.m. It is imperative to board before 10:00 a.m.
  • For meals, a maximum delay of 30 minutes is tolerated. However, ARDENNE AVENTURES cannot be held responsible for any impact this delay may have on the quality of the meal offered.

7.2. Any other delay by the Client compared to the arrival time specified in the Order Confirmation (and not referred to in article 7.1 or exceeding what is tolerated there) will be considered as a modification of the program by the Client, and more specifically as a request for an additional service within the meaning of article 6.4 of these General Conditions.

If the Client refuses to pay the additional fees, they may opt to cancel certain activities, without ARDENNE AVENTURES’s liability being engaged and without any price reduction or reimbursement being granted.

If the Client does not show up at the start of the activity without prior agreement from ARDENNE AVENTURES, the full agreed price will be due.

7.3. The schedules indicated in the Order Confirmation include a reasonable transfer time between activities. In the event that ARDENNE AVENTURES does not provide transfers between activities, it is not responsible for any delays during travel that occur for reasons beyond its control.

  1. Cancellation of Services by the Client

Once the Order Confirmation has taken place, in the event of cancellation of the service (cancellation must be notified in writing) by the Client, the following amounts will be due:

a) If a deposit payment is provided for and the cancellation occurs before the deadline for the payment of a deposit, a cancellation fee of €100 will be due to cover administrative costs;

b) In all other cases, if the cancellation occurs at least 15 days before the scheduled day for the provision of the Services, a cancellation fee of 50% of the total amount of the services provided for in the Order Confirmation will be due, with at least the amount of the deposit;

c) If the cancellation occurs less than 15 days before the scheduled day for the provision of the Services, a cancellation fee of 100% of the services provided for in the Order Confirmation will be due.

  1. Modification, Suspension, or Cancellation of Services by ARDENNE AVENTURES

9.1. ARDENNE AVENTURES cannot be considered in default of performing the Services if this performance is prevented or delayed by a Force Majeure event as defined in these General Conditions.

9.2. Furthermore, ARDENNE AVENTURES cannot be held responsible for climatic variations or any other exceptional circumstance leading to the cancellation, modification, or limitation of the services described in the Order Confirmation.

The following circumstances are particularly covered:

  • The descent of the Ourthe by kayak may be exceptionally closed or accessible only from a certain age in case of drought or flood;
  • Activities in the woods and/or at height may be closed in case of strong winds.

9.3. ARDENNE AVENTURES takes all reasonable measures to limit the negative effects resulting from a Force Majeure event or exceptional circumstances as mentioned above for the Client and, in particular, to reduce the delay caused in the execution of the Services.

9.4. Whenever possible, ARDENNE AVENTURES will propose a replacement activity whose price will be communicated in writing no later than the day of the activity, before its start.

9.5. In case of forced cancellation, ARDENNE AVENTURES undertakes to refund the deposit. No further compensation or indemnity of any kind can be claimed by the Client.

  1. Sanctions

ARDENNE AVENTURES and its staff reserve the right to temporarily or permanently interrupt any Service during which the safety of participants or infrastructure cannot be guaranteed, due to reasons beyond its control and/or following inappropriate behavior of Clients and/or participants who do not comply with the activity rules (including alcohol consumption), environmental regulations, and/or General Conditions.

In this case, ARDENNE AVENTURES reserves the right to report any inappropriate behavior to the competent judicial or police authorities.

The interruption of the Service due to inappropriate behavior of Clients and/or participants will not give rise to any reimbursement from ARDENNE AVENTURES. However, ARDENNE AVENTURES reserves the right to claim compensation from Clients whose participants are at fault to indemnify other participants/Clients who suffered the effects of the Service interruption.

  1. Responsibility and Insurance

11.1. ARDENNE AVENTURES makes every effort to provide Internet users with a quality Website and Services. Unless otherwise expressly provided, all obligations assumed by ARDENNE AVENTURES are obligations of means.

11.2. A technical problem, such as a virus, computer bug, malicious intrusion, or malfunction of the Website cannot be excluded. ARDENNE AVENTURES cannot be held responsible for any damages suffered by the Internet user in this regard.

The Internet user is aware that a tool like the Website requires regular maintenance. ARDENNE AVENTURES cannot be held responsible for any damage suffered by the Internet user in case of temporary unavailability of the Website due to maintenance operations.

11.3. ARDENNE AVENTURES is insured for civil liability for its operations. ARDENNE AVENTURES is therefore responsible for the quality of the equipment, infrastructure, and supervision of its Services.

11.4. The activities covered by the Services take place in a natural environment. Each person must behave prudently and diligently and adapt their behavior to the circumstances.

If it is a physical activity, Clients and persons participating in the Services must be in good health and free from any condition or contraindication for such activity. ARDENNE AVENTURES is not able to control the physical condition of the participants and it is therefore their exclusive responsibility to decide to take part or not in an activity for which there may be a contraindication concerning them.

If ARDENNE AVENTURES has any doubt about a Client’s or participant’s ability to take part in an activity, it reserves the right to refuse access to the participant (e.g., pregnant woman in paintball). In this case, the person who was denied participation in the intended activity will be reimbursed for the amounts paid for their participation if they could not reasonably expect their participation to be refused.

11.5. ARDENNE AVENTURES disclaims all responsibility in case of accident within the framework of non-compliance with the imposed safety rules or the provisions of the General Conditions.

Among the safety rules is the necessary compliance with the instructions of ARDENNE AVENTURES staff within the framework of the proposed activities.

ARDENNE AVENTURES also disclaims all responsibility in case of loss or theft of any object during an activity or during a transfer leading to this activity.

Furthermore, ARDENNE AVENTURES disclaims all responsibility in case of sanctions or fines imposed by the authorities on participants of an activity organized by ARDENNE AVENTURES.

ARDENNE AVENTURES finally disclaims all responsibility in case of indirect damage, including any financial or commercial loss, loss of clientele or savings, commercial disturbance of any kind, increase in costs and other overheads, loss of profit, loss of brand image, any delay or disruption in the Internet user’s or Client’s project schedule or activity, any data loss.

11.6. Contractual or non-contractual liability related to the execution of the contract is in any case limited to the amount covered per claim by ARDENNE AVENTURES’s operational insurance, excluding any other compensation.

  1. Complaints

Any complaint about the quality of the Services provided by ARDENNE AVENTURES must be submitted and recorded on the same day of the event by the on-site manager or the manager of your file. Complaints transmitted afterwards will be considered unverifiable and will not give rise to any price reduction, reimbursement, or commercial gesture.

  1. Privacy and Personal Data Processing

The personal data of the Internet user, the Client, and, where applicable, the participants, are processed in accordance with the Data Protection Policy available on the website page https://www.ardenneaventures.com/fr/politique-de-confidentialite.

The Data Protection Policy is deemed to be an integral part of these General Conditions.

  1. Website Ownership

The Website in its entirety, including its architecture, design, interface, databases, name, and domain name, is the exclusive property of ARDENNE AVENTURES.

No reproduction or communication to the public, in whole or in part, of the Website or any of its elements, for any purpose other than private consultation, may be made without prior written authorization from ARDENNE AVENTURES.

Only reference by hyperlinks to the Website is authorized, provided that the activation of the link causes the opening of a new browser window displaying the URL address of the ARDENNE AVENTURES website.

Any reproduction of the photos and images that make up the Website and/or any transfer thereof for a fee is strictly prohibited.

  1. Jurisdiction and Applicable Law

In case of dispute, only the Court of the Marche-en-Famenne district is competent and Belgian law applies, unless otherwise expressly agreed. In the event that the Client has its registered office or domicile outside the territory of Belgium, ARDENNE AVENTURES may choose to act before the territorially competent court of the Client’s registered office or domicile.

  1. Miscellaneous Provisions

16.1. No act, behavior, tolerance, or omission by ARDENNE AVENTURES may be interpreted as a waiver, even partially, of its strict and full execution of the provisions of these General Conditions.

16.2. To the extent possible, the provisions of these General Conditions should be interpreted to be valid and enforceable under applicable law. However, if one or more provisions of these General Conditions prove to be invalid, illegal, or unenforceable (in whole or in part), the other provisions will not be affected and will remain in full force and effect as if the invalid, illegal, or unenforceable provision(s) had never existed. In this case, the parties will negotiate in good faith to agree on a substitute provision for the invalid, illegal, or unenforceable provision(s) with an identical or similar economic effect.