These General Terms and Conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
Although we try our best to keep the information on this Website up-to-date, it is for general informational purposes only and does not constitute a binding offer. Binding agreements with suppliers of travel services on the Website require a booking request through the platform from your side and the supplier’s acceptance of this request according to the Terms of Business.
The Website and all its content is protected by copyright. You may access and view the Website, but not incorporate it into other websites, and not copy, present, license, publish, download, upload, send or make it perceptible in any other way without our prior written consent.
We try our best to ensure that the Website is always available and the information in or through the Website is accurate. However, we may not provide any warranties in relation to this website or the information and materials provided on this website. And where we link to third party websites, you use such websites at your own risk.
Without prejudice to the generality of the foregoing paragraph, active.guide does not warrant that: this website will be constantly available or available at all; or the information on this website is complete, true, accurate or non-misleading (including for any information provided by third parties). We may change, add or remove information on the Website and change its functions and structure at any time, and without specifically informing about such change, and without removing outdated information or characterizing it as such.
We do not assume any responsibility for third party content on our website (including the listed offers). And we exclude our liability, and that of our agents and suppliers, and our and their employees and officers, for damages relating to your access to (or inability to access) the Website, or to any errors or omissions, or the results obtained from the use, of the Website, whatever the legal basis of such liability would be.
Terms of Business
These Terms of Business apply for any usage of the active.guide website and you must agree with these Terms of Business whenever using this website.
- active.guide provides a marketplace for customers and suppliers of touristic services. The contracts are concluded directly between customers and suppliers of touristic services. active.guide is not a contracting party for any booked service, but acts solely as the mediator and facilitator of the sales and purchases done between the customer and the supplier.
- Be aware that general terms, travel conditions, price and conveyance of a particular individual service provider will apply to the contents of the agreement between customer and the service provider. These conditions may govern the conditions of cancellation, booking alterations, payment, deadlines, reimbursement, liability as well as other details of the agreement.
- The listed services on the Website are non-binding offers.
- Customers are not permitted to make any speculative, false or fraudulent bookings. If we are reasonably of the opinion that such a booking has been made we shall have full right to cancel the booking and inform the relevant authorities of the respective countries.
- Customers need to provide correct and accurate email, postal, personal and/or other contact information to us and give us the right to use these details to contact you in case that it should prove to be necessary. If you do not give us all of the information that we need, we may not be able to complete your booking. You shall be liable to us for any costs sustained due to any false or fraudulent bookings and/or contact and personal information made or given by you.
- The supplier of the requested service answers booking requests within two work days. The customer will receive an offer by the supplier based on his request via e-mail.
- If the the customer accepts the supplier’s offer by completing the booking, the contract between the customer and the supplier becomes effective and the supplier’s cancellation terms begin to apply. The customer is then bound to pay for the requested service by the chosen payment method in the booking process and in line with the Payment Policy as defined by the supplier in the listing.
- active.guide uses Paypal & Mollie as the Payment Provider that processes the payments on our platform. By agreeing to these General Terms and Conditions, you also accept Paypal or Mollie’s Terms and Conditions, which can be found here: https://www.mollie.com/en/user-agreement
- After the customer completes the booking, the supplier becomes bound to provide the booked services as described in the offer. If for whatever reason the supplier is unable to provide the booked services the supplier and customer have to resolve the situation directly between themselves and so that the costs for the customer will be as low as possible. The supplier provides the services under his own behalf and on his own account.
- Customers have the right to cancel booked services. A whole or partial refund needs to be arranged directly between the supplier and customer. The refund needs to be in line with supplier’s cancellation policy for that particular offer as stated inside the supplier’s listing on active.guide. The supplier decides himself what cancelation policy he will use. As an example, here is the moderate cancellation policy as suggested by active.guide:
The guest is entitled to the following refunds expressed in percentages of the total booking value in case of a cancellation at a certain time before the experience starts:
- 100% refund for cancellations of more than 60 days before start,
- 70% refund for cancellations between 60 and 30 days before start,
- 30% refund for cancellations between 30 and 7 days before start,
- 0% refund for cancellations less than 7 days before start.
- In the rare event that within 48 hours after receiving the booking confirmation a customer finds the exactly same offer cheaper somewhere else on the web then he could be entitled to claim for a compensation on the basis of our “Best Price Guarantee“. If the price difference solely results from a promotional offer of another booking site, then active.guide will pay for the difference up to 10% of our listed price for the same service. If there are other reasons for the price difference, the supplier has to reduce the price of the booked service accordingly. active.guide or the supplier may also decide to cancel the booking instead (at no costs for the customer).
- The supplier may set certain requirements for his offers in the offer description. It is the responsibility of the customer to fulfil these requirements. In case that she does not fulfil these requirements, the supplier is entitled to disapprove or exclude her from a certain service. In this case, the customer loses her right to be refunded. A whole or partial refund then needs to be negotiated between the supplier and customer directly between them.
- After completion of the booked service, the customer is asked to review the booked service using the active.guide review system. The review system aims to create a meaningful and accurate image of the quality, reliability and trustworthiness of the supplier. The customer has to make only factual and truthful statements. Inaccurate, irrelevant or insulting comments are not allowed. active.guide explicitly reserves the right to delete such comments without further notice. active.guide also has the right to exclude customers from further use of the active.guide booking platform. active.guide and affected suppliers reserve the right for further legal action, in particular compensation of damages.
- active.guide is only liable to customers and suppliers in cases of gross misconduct on its own (including gross negligence). active.guide is not liable for slight negligence, auxiliary persons and the mediated suppliers, customers and their auxiliary persons. The liability is limited to the immediate damage, excluding consequential damages, loss of profit etc. The liability for punitive damage compensation is also excluded. Further limitations of liability or liability exclusions in these Terms or applicable legal provisions are reserved.
- active.guide is only liable to customers in cases of gross misconduct (including gross negligence). active.guide is not liable for slight negligence, auxiliary persons and the mediated supplier and their auxiliary persons. The liability is limited to the immediate damage, excluding consequential damages, loss of profit etc. The liability for punitive damage compensation is also excluded. Further limitations of liability or liability exclusions in these Terms or applicable legal provisions are reserved.
- The legal relations with active.guide are exclusively subject to Dutch Law. Utrecht, Netherlands is agreed as the exclusive venue of jurisdiction.
Last Edited on 2020-06-06