Terms and Conditions

Terms and Conditions

Terms and Conditions

 

 

These general terms and conditions apply to every offer and agreement between Kitesurfspot and a counterparty to which Kitesurfspot has declared these terms and conditions applicable, insofar as the parties have not expressly deviated from these terms and conditions.

 

Article 1. Introduction
Kitesurfspot is located in Scheveningen and registered with the Chamber of Commerce under the following name:
kitesurf spot
Stevinstraat 129
2587 ED Scheveningen
Chamber of Commerce number: 82255415
VAT number: NL862396876B01
Contact via: info@kitesurfspot.nl

 

Article 2. Definitions
In these general terms and conditions the following is understood by:
a.) Client: All companies, consumers and participants who use the services of Kitesurfspot.
b.) Organiser: Kitesurfspot, which offers arrangements, activities and/or services in implementation of the company.
c.) Activities: All services, programs, events and activities that are organized by Kitesurfspot. These services and/or activities may consist of offering kitesurfing lessons in recreational form to individuals, groups, companies, etc.
d.) Representative: The person acting on behalf of the organizer. (For example a trainer, instructor or supervisor)
e.) Supplier: The person, not being the client, who supplies Kitesurfspot with goods, services or other performance that can be valued in money.
f.) Other party: client, participant and supplier.

 

Article 3. Offers and quotations
3.1. All offers are without obligation, unless a term for acceptance is stated in the offer. The offers made by the Organizer are without obligation and are valid for 20 days, unless indicated otherwise. The User is only bound by the offers if the acceptance thereof is confirmed in writing by the Client within 20 days or if it can be deduced from the actions of the Organizer that there is an agreement.
3.2. The prices in the aforementioned offers and quotations include turnover tax and other government levies, as well as any costs to be incurred in the context of the agreement, including mileage and transport costs, unless indicated otherwise;
3.3. A composite quotation does not oblige the Organizer to perform part of the assignment for a corresponding part of the stated price. Offers or quotations do not automatically apply to future assignments.

 

Article 4. Agreement

 

4.1. The Organizer will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.

 

4.2. Organizer has the right to have certain (partial) activities performed by third parties.

 

4.3. The Client shall ensure that all information, which the Organizer indicates is necessary or which the Client should reasonably understand to be necessary for the execution of the agreement, is provided to the Organizer in a timely manner. This also includes the personal circumstances of the person who participates in the activity (in particular relevant medical and conditional details, alcohol and/or drug use, etc.). All course participants must be in good health. Any physical complaints that are important when practicing a sport must therefore be reported immediately to Kitesurfspot. Kitesurfspot is not liable for aggravating any injury that has already been caused before the course. On the basis of the information provided by the Client to the Organizer, the Organizer is at all times entitled to exclude participation by the Client or persons forming part of it. Insofar as necessary, the agreement for that part will then be dissolved, without any right of the Client to compensation arising.

 

Article 5. Amendment/cancellation of the agreement

 

5.1. If during the execution of the agreement it appears that an intended activity cannot take place due to weather or other circumstances in the opinion of the Organizer, the Organizer is entitled to substitute another activity without this being a reason for the Client to (partially ) cancellation of the agreement and (partial) refund of amounts paid or compensation for damage.

 

5.2. If the parties agree that the agreement will be amended or supplemented, the time and duration of the Activity/Arrangement may be affected as a result. The Organizer will inform the Client of this as soon as possible. If the amendment or addition to the agreement has financial consequences, the Organizer will inform the Client about this in advance. If a fixed fee has been agreed, the Organizer will indicate to what extent the amendment or supplement to the agreement will result in this fee being exceeded.

 

5.3. Contrary to the previous paragraph, the Organizer will not be able to charge additional costs if the change or addition is the result of circumstances that can be attributed to the Organiser.

5.4. CANCELLATION OF ACTIVITY If an agreement / a booked kitesurfing lesson is canceled by the participant, costs will be charged. Firstly, the administration costs of €25 for processing the booking (google, website, telephone, e-mail, booking system). In some cases there are additional cancellation costs on top of this, if they are: a. from 8 to 14 days before the start: 25% of the package price b. within 7 days (inclusive) before the start: 50% of the package price c. within 48 hours before the start or later: 100% of the package price. This also applies if a participant is not present without cancellation.

 

5.5.a. CHANGE TO ACTIVITY In the event that the Client changes (i.e. does not cancel) an agreed Activity/Arrangement more than 48 hours prior to the Activity/Arrangement, the amount can be used in its entirety (100 %) by the Client for a new Activity/Arrangement during the validity of the booking, or transferred to friends/family of the Client. b. Unless otherwise agreed, cancellation or amendment by the Client less than 48 hours prior to the planned Activity/Arrangement is not possible, so that the Client is then obliged to pay the Organizer the fully agreed amount at the first request of the Organizer.

5.6. Cancellation by the Organizer does not make the Organizer liable for compensation in any way towards the Client. As soon as the Organizer becomes aware that the planned and agreed Activity/Arrangement cannot or partly cannot take place, the Organizer is obliged to inform the Client immediately (whether or not accompanied by an alternative offer).

5.7 Examples from practice Kitesurfspot and its representatives are at all times authorized to cancel the activity (kitesurfing lesson) due to safety and quality. After canceling the activity, a new date will be found for a complete part of the Activity in consultation with the Client and Organizer + Representative.

 

Example 1: Kitesurfspot has a standard decision point every day whether the kitesurfing lessons of the next day will take place or not based on weather forecasts, temperatures, wind maps, etc. As a rule, for quality and safety, we use kitesurfing lessons between 10 – 30 knots depending on the student’s individual lesson goal and weight. If the lessons are cancelled, Kitesurfspot will let you know by e-mail, text or telephone prior to the activity.

 

Conclusion: a full lesson can then be rescheduled by the student at no extra cost

 

Example 2: During a kitesurfing lesson, the wind and weather forecasts may differ from reality. Kitesurfspot always strives to divide the entire time period for a kitesurfing lesson as qualitatively as possible. Kitesurfspot and its representatives (instructors) are at all times authorized to cancel the activities for reasons of safety and quality. Due to the great dependence on natural elements, it sometimes happens that half a lesson is completed instead of a whole. As a solution Kitesurfspot.nl Kitesurfschool offers the remaining lesson time, so in the above case, half of the value of the purchased kitesurf lesson is returned as “credits” in the profile of the student. Conclusion: As a result, a financial compensation for the unfilled time period “half the lesson” has been returned. Depending on the amount of this compensation, the student can “upgrade” another lesson (from group lesson -> duo lesson) or schedule a completely new lesson at no extra cost. Kitesurfspot does not facilitate half lessons, it is therefore only possible to schedule a full lesson. See a calculation example below: Jaap books a 3-day duo kitesurf course for €360 and pays directly online. The first kitesurfing lesson goes smoothly, Jaap is looking forward to it and has a taste for it. Unfortunately, on the evening before his 2nd kitesurfing lesson, Jaap receives an e-mail from Kitesurfspot.nl that there is no wind the next day -> Jaap grabs his mobile and logs in to his individual profile and can immediately cancel the lesson schedule it on another date and continue the lesson at another time. Jaap is having the time of his life in his 2nd lesson and has just made his first meters on the board! During the third kitesurfing lesson, Jaap is sailing back and forth until his instructor takes the kite over, lowers it and cancels the lesson. A sudden thunderstorm comes over that lasts 1.5 hours – it’s a pity just half of Jaap’s lesson. Jaap is sitting with one of the instructor 

and he gets half of his last lesson (€360/3lessons = €120 per lesson) so €60 is refunded in the form of credits to his account. Jaap actually wanted to buy a private lesson worth €180 after his 3rd lesson as a conclusion of the course. Instead of €180, Jaap now pays (180-60 credit) €120 for his last private lesson.

Article 6. Consideration of risks

6.1. The Client who books the Activity/Arrangement is jointly and severally liable for all others that he/she registers.

 

6.2. In the event that the number of persons for whom the Client has booked an Activity/Arrangement changes less than 48 hours before the start of the planned Activity/Arrangement, the rules of article 5.4.b will apply. If the change/cancellation takes place more than 48 hours before the start of the Activity/Arrangement, the rules of article 5.4.a will apply.

Article 7 Consideration of the risks

7.1. The Client (and the persons participating on behalf of the Client) declare by signing the agreement that they have taken cognizance of the possible degree of difficulty, gravity and risks of the activities in which they participate. The Client/participating person(s) must be able to participate in the activities with regard to health and condition without endangering themselves or others.

Article 8 Guidance

8.1. The Client is obliged (including the persons participating on behalf of the Client) to follow all instructions of the Organizer during the execution of the agreement. If this is not followed, the Organizer can decide at any time to discontinue the execution of the agreement, without this giving the Client any right to a refund of amounts paid or compensation.

8.2. If during the activity it appears that the Client (or the persons participating on behalf of the Client) has physical or psychological defects, is guilty of misconduct or otherwise causes or may cause nuisance or nuisance, the Client/participating person(s) can ) are excluded from further participation. Any costs arising from this will be borne by the Client.

9 Payment

9.1. Prior to the Activity/Arrangement, the Individual Client must pay the total amount in accordance with the applicable standard amounts or as determined in any quotation that may be issued.

9.2. In the event that the Client does not make the payment in accordance with the provisions of these general terms and conditions, the Client is legally in default without a reminder or notice of default being required. The Organizer is then free to cancel the Activity/Arrangement without the Organizer being liable for compensation in any way.

9.3. As soon as the Client is in default, the Client is obliged to pay 1% interest per month in addition to the total agreed amount, as well as possibly 15% extrajudicial collection costs with a minimum of €150.00.

Article 10 Damage

10.1. The Organizer is not liable for damage, of whatever nature, because the Organizer relied on incorrect or incomplete information provided by the Client, unless the Organizer should have been aware of this inaccuracy or incompleteness.

10.2. The Client indemnifies the Organizer against any claims from third parties (including the persons participating on behalf of the Client), who suffer damage in connection with the execution of the agreement and which is attributable to the Client (including as a result of the Client’s failure to comply with the obligation to provide information and its participants as set out in this provision).

10.3. Costs arising from damage and/or destruction caused by the Client will be paid by the Client.

Article 11 Liability

11.1. Participation in the Activity/Arrangement is at the risk of the Client

11.2. If the Organizer should be liable for the damage suffered by the Client as a result of the execution of the agreement, then liability is limited to a maximum of the amount charged and paid to the Client with the execution of the agreement or the amount paid by the Organizer’s insurance company in this regard. total to be paid.

11.3. Negligence on the part of the Client (for example, not following the instructions of the Organizer), otherwise not, incorrectly or lately fulfilling the agreement or incompleteness by the Client with regard to information of which the Client should reasonably understand or should have understood that the Organizer should have been informed of this prior to the execution of the agreement, excludes any form of liability of the Organizer.

11.4. The Organizer cannot be held or held liable in any way by the Client (including the persons participating on behalf of the Client) for damage to personal property or loss thereof.

11.5. The Organizer is not liable for damage resulting from: a. circumstances attributable to the participant and/or client, such as not having an inadequate health or condition, inadequate personal equipment, incorrect handling or inaction, overestimating one’s own abilities or disregarding instructions; b. knowingly or unknowingly classifying a participant in the wrong category and/or if the participant does not comply with one or more safety regulations and/or his or her condition was not sufficient to practice the activity in question. c. acts and influences of third parties not directly involved in the execution of the agreement; circumstances that are not attributable to the fault of the Organizers that cannot reasonably be attributed to the Organizer under Dutch law or the standards applicable in society.

11.6. The Client is deemed to have appropriate accident, travel and cancellation insurance.

Article 12 Complaint handling

12.1. If the Client wishes to submit a complaint to the Organizer as a result of the execution of the agreement, the Client must notify the Organizer in writing within 14 working days after the performance of the activity/arrangement.

Article 13 Use of personal data

13.1. If the Organizer processes personal data during the performance of the Agreement, the Organizer will process the personal data in a proper and careful manner and will comply with the legal regulations that follow from the General Data Protection Regulation.

13.2. The Organizer processes the following personal data: a. First and last name b. Date of birth c. Phone number d. Email address e. Other personal data that you actively provide, for example by creating a profile, in correspondence or by telephone

13.3. The organizer processes the following special personal data: a. Health b. Data from persons under 16 years of age. However, we cannot check whether a visitor is older than 16. We therefore advise parents to be involved in the online activities of their children, in order to prevent data about children being collected without parental consent. If you are convinced that we have collected personal data about a minor without this permission, please contact us at info@Kitesurfspot.nlkitesurfschool.nl, and we will delete this information.

13.4. The Organizer only uses personal data to identify the Client during a booking or registration, to be able to contact you about a booking and to keep you informed about the activity. Personal information is not used for commercial purposes and is not provided to third parties.

13.5. The e-mails sent by the Organizer are sent via Mandrill. The moment the Client provides us with his e-mail address, that e-mail address and first name are automatically stored in the intended list at Mandrill.

13.6. The Client’s shared personal data will be kept by the Organizer for a longer period of time, but never longer than necessary for the performance of activities, unless the Organizer has to keep the data for a longer period of time on the basis of a legal regulation. Retention period (categories per part). Request permission if customers want their account to continue after classes are completed.

13.7.1. After providing personal data, the Client is entitled to: a. inspection b. rectification c. erasure of data d. transfer e. objection

13.7.2. If the Client has the impression that his data is not stored properly, there are indications of abuse or wants to make use of the above rights, please contact info@Kitesurfspot.nl.

13.8. The Client is never obliged to leave data with the Organizer. However, if the Organizer does not have the minimum information required, it cannot offer its service to the Client, at least not completely.

13.9. The Client’s data is stored by the Organizer on a secure site. This is to prevent loss, misuse, unauthorized access, unwanted disclosure and unauthorized modification. This site is provided with an SSL certificate.

13.10. If there is a data leak in the personal data that the Organizer keeps, they will at all times report this to the Dutch Data Protection Authority. Article 14 Extra (responsibilities & validity) 1. Students are responsible for bringing water shoes with them. 2. It is mandatory to wear underwear, swimming trunks or bikini in suits rented from Kitesurfspot in connection with hygiene. 3. Lesson packages are relatively cheaper than individual lessons. A condition of purchasing a lesson package is that payment has been made before the start of the first lesson.

4 Validity of the lessons 4.1.1 The lesson packages are valid for 365 days from the booking of the first lesson of the package, taking into account the opening dates of Kitesurfspot: from April 1 to the end of October (variable date due to construction work on the beach).

4.1.2 Lesson packages are not never exchangeable for money. Only against a kitesurfing lesson.

4.1.3 The lesson packages are registered. However, it is possible to hand over credits as a gift/present to family/friends/acquaintances, etc.

4.2 The above conditions also remain applicable if you have not been able to complete the lessons within the set term due to unsuitable weather conditions. Kitesurfspot reasonably deems that 365 days (taking into account the opening dates & the weather dependence) is a sufficient period of time for the Client to schedule a number of lesson moments.

Article 20. Additional information
1. Students are responsible for bringing water shoes with them.
2. It is mandatory to wear underwear, swimming trunks or bikini in suits rented from Kitesurfspot in connection with hygiene.
3. Our no dangers = free lesson (with 5 lesson package) guarantee applies in all reasonableness. If you are not satisfied after your kitesurfing lesson, you have 24 hours to report this in writing, including by email.
3.1 If you have not sailed, you can only get 1 lesson back. So if you have purchased a 5 lesson package and you are not satisfied with the lesson, you will only get 1 lesson back. Otherwise you should have indicated earlier that you are not satisfied.
4. Lesson packages are relatively cheaper than individual lessons. A condition of purchasing a lesson package is that payment has been made before the start of the first lesson.
4.1.1 The lesson packages are valid up to 1 year after purchase of the lesson package. This is in your online account.
4.1.2 Lesson packages are not exchangeable for money. Only against a kitesurfing lesson.
4.1.3 The lesson packages are registered. Only that person can use the kitesurfing lessons.

Article 21. Discount promotions

1. Spring discounted courses can only be used in April and May of the current season

2. Lessons from the Spring Deal that have not been used in April or May can be used during the high season at a rate of €35 extra per lesson (price changes subject to change)

3. The above conditions also continue to apply if you were unable to complete the classes in April and May due to unsuitable weather conditions

4. Special offers cannot be combined.

Thank you for reading these fine print (Terms & Conditions).