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 explicitly deviated from these terms and conditions.
Article 1. introduction
Kitesurfspot is based in The Hague and registered with the Chamber of Commerce under the following heading:
2561EE Den Haag
Chamber of commerce number: 72899433
Contact via: firstname.lastname@example.org
Article 2. Definitions
The following definitions apply in these general terms and conditions:
a.) Client: All companies, consumers and participants who use the services of Kitesurfspot.
b.) Organizer: Kitesurfspot, which offers packages, activities and / or services for the execution of the company.
c.) Activities: All services, programs, events and activities organized by Kitesurfspot. These services and / or activities can consist of offering kitesurfing lessons to individuals, groups, companies etc. in a recreational form.
d.) Representative: The person acting in the name of the organizer. (For example a trainer, instructor or supervisor)
e.) Supplier: The person, not being the client, who delivers goods, services or other services that can be valued in money to Kitesurfspot.
f.) Other party: client, participant and supplier.
Article 3. Offers and quotes
a.) All offers are entirely without obligation, unless a period for acceptance is stated in the offer. The quotations offered by the organizer are valid for 14 days, unless stated otherwise.
b.) Prices are not increased within the duration of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.
c.) All prices on the site are in euros and include a sales tax of 21% VAT.
d.) Offers from the organizer do not automatically apply to follow-up courses and / or repeat orders.
e.) All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and printing errors.
Article 4. Agreement
a.) Registration, confirmation or reservation of an activity organized by the organizer is done in writing or orally. This can be done by e-mail, telephone or via the website.
b.) The client ensures that all data, of which the organizer indicates these are 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 participating in the activity (ie relevant medical details, conditional details). On the basis of the information provided by the client to the organizer, the organizer is entitled at all times to exclude participation by the client or persons forming part thereof. Insofar as necessary, the agreement for that part will then be dissolved, without any right of the client to compensation.
c.) If the execution of the agreement is delayed for reasons on the part of the client, the organizer has the right to charge the extra time in proportion to the agreed hourly rate to the client or to shorten the activity without this giving the client the right on any refund or discount.
d.) The other party participating persons are required to sign the indemnity form prior to the activity.
Article 5. Amendment / cancellation of the agreement
a.) If during the performance of the agreement it appears that the intended activity cannot be carried out due to weather conditions or other circumstances, the organizer is entitled to relocate the activity to a different time / date.
b.) If the other party agrees that the agreement will be amended or supplemented, the time and duration of the activity can be influenced. Organizer will inform the client of this as soon as possible. If the change or supplement 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 change or supplement to the agreement will result in this fee being exceeded.
c.) Contrary to the previous paragraph, the organizer will not be able to charge additional costs if the change or supplement is the result of circumstances that can be attributed to the organizer.
d.) If the client cancels or changes the agreement in less than 2 days prior to the activity, the client is obliged to pay the remaining amount in full (100%) to the organizer.
e.) In the event that the client cancels or modifies the agreement between 2 and 7 days prior to the activity, the client is obliged to pay half of the remaining amount (50%) to the organizer.
f.) In case the client cancels or changes the agreement after 7 days prior to the activity, the client is obliged to pay nothing (0%) of the remaining amount to the organizer.
g.) Cancellation by the organizer does not make the organizer liable for damages in any way.
Article 6. Taking into account risks
a.) A client who has signed the confirmation of the agreement (or checked, or confirmed by telephone or e-mail) declares to have taken cognizance of the possible degree of difficulty, severity and risks of the activities in which they participate, as well as all to have reported relevant medical and / or conditional details. And every registered participant must be able to participate in the activities in terms of health and fitness without endangering themselves or others.
Article 7. Payments
a.) The client must pay the total amount to the organizer prior to the activity.
b.) The organizer requests a deposit of 50% for corporate, group and school events upon approval of the agreement. And 100% payment prior to the event.
c.) If the client does not make the payment in accordance with the provisions of these 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 without the organizer being liable for damages in any way.
Article 8. Data Management
a.) If you enter into an agreement with the organizer, the client’s details will be included in the organizer’s customer base. The organizer adheres to the Data Protection Act (AVG) and will not provide your data to third parties unless this is necessary for the performance of our services and deliveries.
b.) Organizer respects the privacy of the client and ensures confidentiality of clients personal data.
c.) Organizer uses a mailing list, instructions are included in every email so that the client can remove himself.
Article 9. Guidance
a.) Participants who have agreed an activity with organizer are obliged to follow the instructions of the instructor during the program if these instructions are necessary to guarantee a good and safe progress of the activity.
b.) The Organizer works with IKO (International Kiteboarding Organization) instructors and if necessary with other instructors selected and (internally) trained by our main instructors.
c.) If during the activity it appears that a participant has physical or psychological defects, is guilty of misconduct or otherwise causes or may cause nuisance or nuisance, the participant can be excluded from further participation. Any costs arising from this will be borne by the relevant participant.
d.) An instructor from the organizer is authorized at all times to stop the lesson due to safety and quality.
e.) If there is a failure to follow the safety rules, norms and values, assignments or instructions of an instructor, a warning may be given. With persistent behavior one can be removed from the lesson after the second warning.
Article 10. Liability
a.) Participation in arrangements and / or activities is at the client’s own risk.
b.) The organizer is not liable for damage resulting from:
a. Circumstances that are attributable to the participant and / or client, such as not having a
inadequate health or condition, inadequate personal equipment, improper action or non-action, overestimation of equity or ignoring instructions.
b. The conscious or unconscious classification of a participant in a 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. Actions and influences of third parties not directly involved in the implementation of the agreement; circumstances that are not due to the fault of the organizer and that cannot reasonably be attributed to the organizer under Dutch law or the standards applicable in society.
c.) The organizer is not liable for damage to vehicles and / or other objects caused by incorrect use of the products. Read the instructions on the package and / or consult the organizer before use.
d.) Negligence on the part of the client (for example, failure to follow instructions from the organizer), otherwise not, not correctly or not timely complying with the agreement excludes any form of liability of the organizer.
e.) The organizer (including the persons participating on behalf of the client) cannot be held liable in any way or be held liable for damage to or loss of personal items.
f.) The client is at all times responsible for the material he uses. In the event of improper handling of material, any damage will be recovered directly from the client. Damage to third parties and / or other objects by not following the instructions of the instructor can be recovered from the client at all times. The organizer has no influence on this.
Article 11. Right of withdrawal
a.) If there is a consumer purchase, in accordance with the Distance Selling Act (Article 7: 5 of the Dutch Civil Code), the client has the right to return (a part of) the delivered goods within a period of 14 working days without giving a reason.
This period starts when the ordered items have been delivered. The client is obliged, before proceeding to return, to notify the organizer in writing within the period of 14 working days after receipt. If the client within the trial period of 14 days after receipt has not reported using the legal return right, then the purchase is a fact.
During the thinking period, the client will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess the nature, characteristics and operation of the product. If the client exercises his right of withdrawal, the client will return the product to the organizer within 28 days of receipt, in accordance with the reasonable and clear instructions provided by the organizer. The client must prove that the goods delivered were returned on time, for example by means of a proof of mail delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the client, the organizer reserves the right to charge a value reduction.
With due observance of the provisions in the previous sentence, the organizer will take care of the contents of the return shipment within 14 days after good receipt of the return shipment or 14 days after proof of return (the content of the return shipment must be explicitly stated on the proof of shipment) refund. Upon returning the entire purchase, the full purchase amount including any calculated shipping and / or payment costs will be reimbursed to the client. If only part of the purchases received are returned, only the purchase value of the returned items will be reimbursed. Additional costs as a result of a more expensive shipping method than the cheapest standard delivery will never be refunded. The return of the delivered goods is entirely for the account and risk of the client.
Article 12. Exclude the right of withdrawal
Exclusion of the right of withdrawal is possible for the following services:
a.) Concerning accommodation, transport, restaurant business or leisure activities to be carried out on a certain date or during a certain period.
b.) The delivery of which started with the express consent of the client before the cooling-off period has expired.
c.) Concerning bets and lotteries.
Article 13. Warranty
a.) The client guarantees that the products and / or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the date of the conclusion of the agreement.
b.) If it appears that the delivered item is wrong, defective or incomplete, then the client (before proceeding to return to the organizer) must report these defects in writing to the organizer within 2 months of discovering the defect. The goods must be returned in the original packaging (including accessories and accompanying documentation). Commissioning after the discovery of a defect, damage arising after the discovery of a defect, encumberment and / or resale after the discovery of a defect, completely voids this right to complain and return.
Article 14. Other
a.) Deviations from these general terms and conditions only apply if they have been agreed in writing between counterparties.
b.) Written also means by e-mail.
c.) A client must have a minimum weight of 33 kg. The client must also be at least 8 years old, at this age permission must be given from both parents to participate in the lessons.
Article 15. Privacy
a.) The organizer takes the privacy of clients seriously and only uses personal data in the context of the service. The organizer adheres to the legal rules regarding the protection of personal data.
Article 16. superior numbers
a.) The organizer is not liable if, to the extent that the commitments cannot be met due to force majeure.
b.) Force majeure means any strange cause, as well as any circumstance, which should not reasonably be for its risk. Delays in or non-performance by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in email traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence of suppliers and / or manufacturers of the organizer as well as assistants, illness of staff, defects in aids or means of transport are expressly considered as force majeure.
c.) During the period that the force majeure continues the organizer will suspend the obligations from the agreement. If this period lasts longer than two months, the other parties are entitled to terminate the agreement, without obligation to compensate the damage to the other party.
d.) In the event of force majeure, the organizer will use reasonable endeavors to provide the client with an alternative solution if desired
Thank you for reading these Terms and Conditions.