GENERAL TERMS AND CONDITIONS VERTIGO SPORTS ACTIVE B.V.
- Applicability of general terms and conditions
- Conclusion of agreement
- Changes to the programme of activities
- Cancellation by the client
- Changes by the organizer
- Cancellation by the organiser
- Obligations of the organizer
- Liability of the organizer
- Obligations of the organiser and the participant
- Applicable law and disputes
1.1 Activities: kitesurfing, windsurfing, powerkiting, kitebuggy, branding kayaking, branding rafting, stand-up paddling, skimboarding, slacklining, balance boarding, beachgolf, beachgames.
1.2 Package: service or activity or combination of services or activities organized or offered by the Organizer on a commercial or professional basis, as well as the provision of facilities. These services, activities or facilities may consist of the rental or sale of equipment, the provision of transport or activities, the provision of (accommodation), the giving of instruction and the supervision of (parts of) a programme of activities.
1.3 Organizer: the person who in the course of his business, offers arrangements to the customer.
1.4 Representative of the organizer: the person who acts on behalf of the organizer, for example as a guide of an activity (also called: instructor, trainer, game leader, or travel (supervisor)).
1.5 Agreement: the agreement whereby the Organizer undertakes vis-à-vis the Principal to provide a package.
1.6 Principal: any natural person or legal entity who enters into an agreement with the Organizer, whether or not on behalf of third parties.
Participant: every natural person who actually participates in an arrangement. Article 2 Applicability
2. Applicability of General Terms and Conditions
2.1 These General Terms and Conditions form part of all offers, quotations and agreements
2.1 These Terms and Conditions are part of all offers, quotations and agreements relating to all activities organised by the Organizer.
2.2 The applicability of general conditions of the client is explicitly rejected by the Organizer.
2.3 Deviations from these Terms and Conditions are only possible in writing. Article 3. Conclusion and content of the agreement
3. Conclusion of the Agreement
3.1 The agreement will be effected as soon as the client accepts the organiser's offer either verbally (or by telephone) or in writing. The client will receive a written confirmation of the agreement from the organiser or the booking office.
3.2 The client is obliged upon the conclusion of the agreement to inform the Organizer of all personal circumstances of himself and/or of those on behalf of whom he enters into the agreement, in so far as they may be of influence on the proper course of the arrangement. This obligation applies in particular to all relevant medical and condition details.
3.3 The client may indicate preferences if desired. The organiser will comply with these, as far as it lies within its power.
3.4 The offer of the Organizer is without obligation and can be revoked by the Organizer at the time of booking or within two working days thereafter at the latest.
3.5 Whoever enters into an agreement on behalf of another is jointly and severally liable for all obligations arising from that agreement.
4.1 For all activities, 50% of the quoted amount must be paid immediately after signing on the basis of the deposit invoice sent.
4.2 The remaining 50% must be paid 5 days before the start of the arrangement, unless expressly agreed otherwise with the organizer.
4.3 The client who does not pay in time will be legally in default without any further notice of default being required. In this case the organiser is entitled to terminate the contract or to demand full compliance. The Organizer is entitled to claim additional compensation for all costs already incurred in connection with the contract.
4.4 The client who fails to pay on time will owe the organiser interest of 5% per month on the amount of the contract plus costs from the day of default whereby part of a month will be counted as a month. All reasonable costs of collection, both judicial and extrajudicial, shall be borne by the defaulting client. These costs shall be calculated on the basis of the collection rate of the Netherlands Bar Association.
5.1 At the request of the client, the organizer will make an offer for a package agreed upon in consultation. Prices are exclusive of turnover tax, unless otherwise agreed.
5.2 The organiser reserves the right to increase or decrease the price by a maximum of 15% in connection with changes in personnel costs, costs of accommodation, etc. until 14 days before the start. The organiser is obliged to communicate and explain this price change to the client as soon as possible.
5.3 If the organiser decides to increase the price, the client has the right to reject the price change. The client should inform the organiser of its decision as soon as possible.
5.4 If the principal rejects the price change, the organizer has the authority to terminate the contract.
5.5 The organiser may require a deposit (sum) from the client at the start of the arrangement. This will be returned at the end of the contract after deduction of all the sums owed by the client to the organiser on account of the contract.
6 Changes in the activity programme
6.1 The organiser reserves the right to make changes to the programme or to cancel the programme for reasons relating to its own operational management or that of third parties, in which case the organiser undertakes to notify the client immediately.
6.2 In case of cancellation, as referred to in article 6.1, the organizer undertakes to immediately refund all or part of the payment already made. However, this will only apply if the organiser has not offered an equivalent programme for the client as a replacement.
6.3 The contract may be amended by the customer. Reduction in the number of participants can only be indicated within a margin of 10% and up to eight working days before the execution date at the latest. For composite arrangements with group prices, such as separate workshops, there will be no price change.
6.4 In the event of a reduction in the number of participants greater than 10%, the full price per person will be charged.
6.5 An increase in the number of participants must be reported in writing 8 working days before the party date. Always the full price will be charged. Organizer cannot guarantee that these additional reservations are always possible.
7. Cancellation by the client
7.1 The client is advised to take out cancellation costs or event insurance for the event to be organized.
7.2 The client can only cancel the agreement by notifying the organiser by registered mail. The date of the postmark will count as the date of cancellation.
7.3 In case of cancellation by the client, he will in any case owe the following to the organiser - if the cancellation takes place within 10 days before the start of the arrangement 100% of the agreed price; - if the cancellation takes place up to 10 days before the start of the arrangement the deposit minus costs made will be refunded. These costs include administration costs, any purchases and reservation costs with third parties.
7.4 Organiser accepts no liability for costs already incurred by the customer, such as insurance premiums, if an activity cannot go ahead.
8. Changes by the Organizer
8.1 By important circumstances, communicated immediately to the client, the organizer may be forced to change the offered arrangement. The organiser is obliged to offer the client an alternative that leaves the specific character and nature of the arrangement intact as much as possible and to inform the client of this without delay.
8.2 The client may reject the change if the alternative is of a fundamentally different nature to the original arrangement or the change will otherwise cause the client considerable disadvantage. The client who rejects the change must notify the organiser as soon as possible. The client will in that case be entitled to a full refund of any monies already paid.
8.3 The arrangement will in principle also take place in bad weather, unless other arrangements have been made in writing beforehand. In the event of bad weather, the organiser will make every effort to adapt the programme in such a way as to limit the inconvenience to participants. Indoor activities will in any case be undertaken.
8.4 The performance of the arrangement is dependent on local (weather) conditions. In the case of arrangements led by a representative of the organiser, the representative has the right, after consultation with the participants
8.4 In the case of arrangements led by a representative of the organiser, he/she has the right, after consultation with the participants, to change the programme if the situation so requires.
9. Cancellation by the organiser
9.1 The organiser has the right at all times to cancel the contract in the event of major circumstances which are unforeseeable and cannot be remedied or avoided such as (civil) war, terror, political unrest, natural disasters, food shortages, general
strikes et cetera. The organiser is obliged to inform the client of the cancellation without delay and with a statement of reasons.
9.2 In case of cancellation by the organiser before the start of the arrangement, the client is entitled to a full refund of the money already paid. The organiser will
make an effort to offer the client an arrangement of comparable quality, if possible in the same period.
9.3 Serious shortcomings in the implementation of the agreement by the client or participant(s), such as the improper use of materials made available, give
9.3 Serious shortcomings in the performance of the agreement by the client or participant(s), such as the improper use of materials made available, will give the organiser the right to immediately suspend its obligations, in particular to take back the materials made available by it and/or to cease the activities. In this case, the Organizer may terminate the contract by means of a written statement to the Client. The organizer is entitled to full compensation of all costs and damages by the client.
10. Obligations of the Organizer
10.1 The organiser is obliged to execute the agreement in accordance with the expectations that the client may have on the basis of the agreement or publications of the organiser. The organiser is obliged according to the circumstances to provide help and assistance to the participant if the arrangement does not go according to the expectations.
10.2 The correctness of the execution of the agreement should also be judged on the basis of the sporting or adventurous nature of the activity and on the basis of the amount of the agreement.
11. Liability of the Organizer
11.1 The Organizer is not liable for damages resulting from:
a. circumstances attributable to the participant such as inadequate health or fitness, inadequate personal equipment, improper action or inaction, overestimation of one's abilities or disregard for instructions;
b. actions and influences of third parties not directly involved in the execution of the agreement;
c. circumstances which cannot be attributed to the fault of the Organizer and which, pursuant to Dutch law or socially accepted standards, cannot reasonably be attributed to the Organizer.
11.2 The exclusions and/or limitations of liability included in this article also apply on behalf of employees and other representatives of the Organizer as well as their personnel, unless the law excludes this.
11.3 Except on the basis of provisions of mandatory law and except in the case of intentional act or omission or gross negligence, the organiser is not obliged to compensate for any damage of whatever nature, direct or indirect, including trading losses, damage to movable or immovable goods, or to persons, both on the side of the commissioning party and on that of third parties. Client will indemnify the Organizer against any claims by third parties.
11.4 If in the performance of our obligations we make use of the services or goods of third parties brought in by us, in whole or in part, as we are entitled to do at all times, we will never be held to more far-reaching obligations or liability than we can invoke in respect of these third parties. We
will inform the principal at his request about the applicable contractual (liability) provisions of these third parties.
12. Obligations of the commissioning party and the participant
12.1 The client is obliged at the conclusion of the agreement to notify the organiser of all personal circumstances of himself and/or those on behalf of whom he enters into the agreement, insofar as they may influence the smooth running of the arrangement. This obligation applies in particular to all relevant medical and condition details. Each participant in activities in or on the water must be in possession of a swimming diploma.
12.2 The participant is advised to take out adequate (travel) accident insurance before the start of the arrangement, if already taken out insurances such as health insurance do not adequately cover possible damages.
12.3 The participant undertakes to comply with all instructions of the organiser or its representative in order to promote the proper execution of the arrangement.
12.4 The participant undertakes to use the material made available in the manner for which it is intended by its nature and the agreement. The participant may have any defects recorded upon receipt of the material. The participant may not
make any changes to the material or allow it to be used by third parties without the consent of the organiser. The participant shall inform the organizer as soon as possible
but at the latest at the end of the agreement, in case of damage or loss of materials. Prior permission of the organizer is required for a repair order. The participant will hand over the material made available to a representative of the organiser at the end of the agreement at the place agreed beforehand and in the same condition in which the participant received it and as clean as possible. The organiser is entitled to charge extra costs for cleaning, searches, transport and storage of materials, reports of loss, etc., if necessary.
12.5 The participant who causes such hindrance or nuisance that the performance of the arrangement is or may be seriously impeded, who endangers the safety of himself or others or who treats nature and the environment irresponsibly, may be excluded by the organiser or his representative from (further) participation in the arrangement. All resulting extra costs are at the expense of the excluded participant, insofar as the consequences of the nuisance or trouble can be attributed to him/her. If the participant is not to blame for his exclusion, a full refund of the amount of the agreement will be made.
12.6 The organiser reserves the right to use photographic or other recordings made during the arrangement for promotional purposes.
13.1 If the participant discovers a shortcoming in the implementation of the agreement, he should report this as soon as possible to the service provider concerned, so that the latter can find an appropriate solution. If the shortcoming is not resolved within a reasonable period of time and affects the quality of the arrangement, it should be reported as soon as possible to the organiser or his representative on site. Communication costs will be reimbursed by the Organizer, unless it appears that they should not reasonably have been incurred.
13.2 If the complaint is not satisfactorily dealt with on site, it may be submitted in writing, stating reasons, at the latest within 14 days after the end of the arrangement
to the organizer. If the arrangement has not taken place, a period of one month after the original starting date applies.
13.3 Any claim for whatever reason, as well as any right to rescind the contract, lapses in the event of late notification, but in any case 1 year after the end of the arrangement or, if the arrangement was not taken, 1 year after the original start date.
14. Applicable law and disputes
14.1 On all agreements to be made by the Organizer, Dutch law is applicable.
14.2 In case of a dispute about an agreement the parties will try to solve it in good consultation. If the dispute cannot be resolved, it will be submitted to the competent civil court in Middelburg.