Terms and Conditions
Article 1 Definitions
In these general terms and conditions the following terms are used in the following meaning, unless explicitly stated otherwise.
a. User / Organizer: First Wave surfschool v.o.f., established in Zandvoort and which offers arrangements, activities and / or services in the execution of the company.
b. Representative: the person acting on behalf of the User (for example: instructor or trainer);
b. Client: the other party of the User as well as the persons participating on behalf of the Client;
c. Activity / Arrangement: the service and / or activity organized or offered by the User or a combination thereof. These services and / or activities may consist of providing surf lessons to individuals, groups, companies, etc. in recreational form and all activities carried out and agreed for the Client.
Article 2 General
2.1. These conditions apply to every offer, quotation and execution of the agreed Activities / Arrangements between the User and the Client.
2.2. The Client accepts the applicability of these conditions by entering into an agreement with the User or actually participating in an arrangement or activity. The present terms and conditions also apply to all agreements with the User, for which third parties are involved in the implementation by the User.
2.3. Any deviations from these general terms and conditions are only valid if expressly agreed in writing. If one or more of the provisions in these general terms and conditions are void or may be annulled, the other provisions of these general terms and conditions remain fully applicable. User and Client will then enter into consultation in order to agree on new provisions to replace the null and void or nullified provisions, whereby if and as far as possible the purpose and intent of the original provision will be observed.
Article 3 Offers and tenders
3.1. All offers are without engagement, unless a term for acceptance is mentioned in the offer. The quotations made by the User are without obligation and are valid for 20 days, unless stated otherwise. The User is only bound by the offers if the acceptance thereof is confirmed by the Client in writing within 20 days or from actions of the User it can be concluded that there is an agreement.
3.2. The prices in the aforementioned offers and quotations include sales tax and other government levies, as well as any costs to be incurred within the framework of the agreement, including kilometer and transport costs, unless stated otherwise;
3.3. If the acceptance deviates (also on minor points) from the offer included in the quotation, the User is not bound by it. The agreement will then not be concluded in accordance with this deviating acceptance, unless User indicates otherwise.
3.4. A composite quotation does not oblige the User to perform part of the assignment against a corresponding part of the stated price. Offers or quotations do not automatically apply to future assignments.
Article 4 Execution of the agreement
4.1. The User will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
4.2. User has the right to have certain (sub) activities carried out by third parties.
4.3. The Client ensures that all data, of which the User indicates that they are necessary or of which the Client should reasonably understand that these are necessary for the execution of the agreement, are provided to the User in a timely manner. This also includes the personal circumstances of the person participating in the activity (ie relevant medical and conditional details, alcohol and / or drug use, etc.).
Based on the information provided by the Client to the User, the User is at all times entitled 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 Client to claim compensation.
4.4. If the data required for the execution of the agreement are not provided to the User in time, the User has the right to suspend the execution of the agreement and to charge the Client for the additional costs arising from the delay according to the usual rates.
4.5. The User is not liable for damage of any kind, because the User has assumed incorrect or incomplete information provided by the Client, unless this incorrectness or incompleteness should have been known to the User.
4.6. Client and the persons participating in the agreement between the User and the Client are obliged to show a valid identity document prior to participation in the activity and to sign a participation form.
4.7. The Client indemnifies the User against any claims from third parties (which also includes 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 due to non-compliance with the obligation to provide information by the Client and its participants as shown in this provision) .
4.8. The Client is obliged (during the performance of the agreement to follow all instructions of the User participating in the Client’s agreement), failing which the User may decide to discontinue the execution of the agreement at any time without this being done by the Client. gives any right to a refund of amounts paid or compensation. If the execution of the agreement is delayed by reasons on the part of the Client then the User has the right to charge the extra time in proportion to the agreed hourly rate to the Client or to shorten the Activity / Arrangement without this giving the Client the right on any refund or discount.
Article 5 Amendment / cancellation of the agreement
5.1. If, during the execution of the agreement, it appears that an intended activity can not take place due to weather conditions or other circumstances at the discretion of the User, then the User is entitled to substitute another activity for it, without this being possible for the Client (partial ) cancellation of the agreement and (partial) refund of paid amounts or compensation of damages.
5.2. If the parties agree that the agreement will be changed or supplemented, the time and duration of the Acitivities / Arrangement can be influenced as a result. The User will inform the Client of this as soon as possible. If the change or supplement to the agreement has financial consequences, the User will inform the Client in advance. If a fixed fee has been agreed, the User will indicate to what extent the change or supplement to the agreement will result in an excess of this fee.
5.3. Contrary to the previous paragraph, the User will not be able to charge additional costs if the change or supplement is the result of circumstances that can be attributed to the User.
5.4.a. If the Client cancels an agreed Activity / Arrangement more than fourteen days thereafter, the Client is obliged to pay the User a minimum of 25% of the total amount of the activity / arrangement involved and offered.b. In the event of cancellation by the Client shorter than fourteen, but longer than seven days prior to the Activity / Arrangement, the Client is obliged to pay 50% of the total amount of money committed and offered to the User. Unless otherwise agreed, cancellation by the Client seven days or less prior to the planned Activity / Arrangement is not possible, so that the Client will then be obliged to pay the full agreed amount to the User at the first request.
5.5. Cancellation by the User does not render User liable to the Client in any way whatsoever. As soon as the User is aware that the planned and agreed Activity / Arrangement can not take place, respectively, the User is obliged to inform the Client immediately (whether or not accompanied by an alternative offer). If the Client waives the activity, the User is obliged to repay the amounts received to the Client immediately.
Article 6 Payment
6.1. Individual Client must pay the total amount prior to the Activity / Arrangement, in accordance with the standard applicable amounts or as determined in any quoted offer.
In the event that the agreement was concluded less than 20 days prior to the Activity / Arrangement then the Client is obliged to pay the total amount of the User in total within five working days after the conclusion of the agreement.
6.2. If the Client fails to make the payment in accordance with the provisions of these general terms and conditions, the Client will be in default by operation of law, without a demand for payment or notice of default being required. The User is then free to cancel the Activity / Arrangement without the User being liable in any way for this.
6.3. 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 7 Liability
7.1. If the User is liable for the damage suffered by the Client as a result of the execution of the agreement, then this liability is limited to the amount charged and paid to the Client with the execution of the agreement or the amount charged by the insurance company. User to pay total.
7.2. Negligence on the part of the Client (eg non-compliance with instructions from the User), otherwise not, incorrect or late fulfillment of the agreement or incompleteness by the Client regarding information of which the Client should reasonably understand or should have understood that the User thereof prior to the performance of the agreement should have been informed, excludes all liability of User.
7.3. User can not be held or held liable in any way whatsoever by the Client (including the persons participating on behalf of the Client) for damage to personal items or loss thereof.
Article 8 Image material
8.1. Client agrees that 1) during the activities / arrangements photo and film recordings can be made of client (s) and 2) that they can be used by First Wave Surfschool and its partners for promotional purposes. If the client does not want this, this must be explicitly stated in advance by email (email@example.com).
05 May 2012
First Wave surf school v.o.f.