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.
Kitesurfspot is located in Scheveningen and registered with the KVK under the following name:
In these general terms and conditions, the following is understood to mean: a.) Client: All companies, consumers and participants who use the services of Kitesurfspot.b.) Organizer: Kitesurfspot, which offers arrangements, activities and/or services in execution of the company, etc.) Activities: All services, programs, events and activities organized by Kitesurfspot. These services and/or activities may consist of offering kitesurfing lessons in a recreational form to individuals, groups, companies, etc.) Representative: The person acting on behalf of the organizer. (For example, a trainer, instructor, or supervisor) e.) Supplier: The person, other than the client, who provides goods, services or other valuable services to Kitesurfspot.f.) Counterparty: Client, participant and supplier.
3.1. All offers are without obligation, unless the offer specifies a period for acceptance. The offers made by the Organizer are non-binding and are valid for 20 days, unless otherwise indicated. The User is only bound by the offers if their acceptance is confirmed in writing by the Client within 20 days or it is deduced from the actions of the Organizer that there is an agreement.
3.2. The prices in the aforementioned offers and quotes include turnover tax and other government levies, as well as any costs to be incurred under the agreement, including mileage and transport costs, unless otherwise indicated.
3.3. A composite quote does not oblige Organizer to carry out part of the assignment at a corresponding part of the specified price. Offers or quotes do not automatically apply to future orders.
4.1. 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 carried out by third parties.
4.3. The Client ensures that all information that Organizer indicates is necessary or that the Client should reasonably understand is necessary for the execution of the agreement is provided to Organizer in a timely manner. This also includes the personal circumstances of those participating in the activity (especially relevant medical and conditional details, alcohol and/or drug use, etc.). All students participating in a course must be in good health. Any physical complaints that are important when exercising a sport should therefore be reported immediately to Kitesurfspot. Kitesurfspot is not liable for aggravating any injuries that were already caused before the course. Based on the information provided by the Client to the Organizer, Organizer is at all times entitled to exclude participation by the Client or persons who are part of it. Insofar as necessary, the agreement for that part will then be dissolved, without the Client having any right to compensation.
5.1. Want to cancel your course? Then this is possible but no money will be refunded because our costs (google, website, phone, email, booking system, instructor salaries) continue and your lessons are valid for one year. You can also use your money to buy stuff in our shop worth your lessons -25€ administration costs.
Something has changed with my health Has something changed with your health that prevents you from or unwilling to take the course? Then you can contact your insurance company with that doctor's statement and explain this. This is often reimbursed.
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, then Organizer is entitled to replace another activity without this giving reason for the Client to (partial) cancel 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. Organizer will inform the Client of this as soon as possible. If the change or addition to the agreement has financial consequences, Organizer will inform the Client about this in advance. If a fixed fee has been agreed, Organizer will indicate how much the change or addition to the agreement will result in this fee being exceeded.
5.3. Contrary to the previous paragraph, Organizer will not be able to charge additional costs if the change or addition is the result of circumstances that can be attributed to Organizer.
5.4. Cancellation of activity while planning: If an agreement/a booked kite surfing lesson is canceled by the participant, costs will be charged here. First, the administrative fee of €35, - for processing the booking (google, website, phone, email, booking system).
5.5.a. Change in activity: If the Client changes (i.e. does not cancel) an agreed Activity/Arrangement more than 48 hours prior to the Activity/Arrangement, the Client can fully (100%) use the amount 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 change by the Client less than 48 hours prior to the planned Activity/Arrangement is not possible, so that Client is then obliged to pay the Organizer the fully agreed amount at the Organizer's first request.
5.6. Cancellation by Organizer does not make Organizer liable for damages to the Client in any way. As soon as Organizer is aware that the planned and agreed Activity/Arrangement cannot take place or partially cannot take place, Organizer is obliged to inform the Client immediately (whether or not accompanied by an alternative offer).
5.7. Practical examples: Kitesurfspot and its representatives are authorized to cancel the activity (kite surfing lesson) at any time due to safety and quality. After cancelling the activity, a new date will be found for a full part of the Activity in consultation with Client and Organizer + Representative.
Example 1: Kitesurfspot has a standard decision every day whether the next day's kitesurfing lessons will take place or not based on weather forecasts, temperatures, wind maps, etc. As a rule, for quality and safety, we use kite surfing lessons between 10 - 30 knots depending on the student's individual lesson goal and weight. If the lessons do not take place, Kitesurfspot will let you know by email, text message or phone prior to the activity. Conclusion: a full lesson can then be rescheduled by the student at no extra cost.
Example 2: During a kite surfing lesson, it is possible that the wind and weather forecasts are different from reality. Kitesurfspot always strives to make the entire time period that stands for a kite surfing lesson as qualitatively as possible. Kitesurfspot and its representatives (instructors) are authorized to cancel the activities at any time due to safety and quality. Due to the heavy dependence on natural elements, it sometimes happens that half a lesson is completed instead of a whole one. As a solution, Kitesurfspot.nl Kitesurfschool offers the other lesson time, so in the case above, half of the value of the kite surfing lesson purchased back as “credits” in the student's profile. Conclusion: As a result, financial compensation for the unfilled time period “half the lesson” was returned. Depending on the amount of this compensation, the student can “upgrade” another lesson (from group lessons -> duoles) at no extra cost or schedule a completely new lesson at a discount. Kitesurfspot does not facilitate half lessons, so it is 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 kite surfing lesson goes smoothly, Jaap is excited and has a taste for it. Unfortunately, on the night before his 2nd kite surfing lesson, Jaap receives an email from Kitesurfspot.nl that there is no wind the next day -> Jaap packs his mobile, logs into his individual profile and can immediately schedule the canceled lesson on a different date and continues the lesson at a different 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 kite surfing lesson, Jaap enjoys sailing back and forth until his instructor overpacks the kite, lowers it and cancels the lesson. There is a sudden thunderstorm that lasts 1.5 hours — it's a shame not half of Jaap's lesson. Jaap sits with one of the instructors at Kitesurfspot.nl and he gets half of his last lesson (€360/3 lessons = €120 per lesson) so €60 refunded in the form of credits to his account. Jaap actually wanted to buy a private lesson worth €180 after his 3rd lesson at the end of the course. Instead of €180, Jaap now pays (180-60 credits) €120 for his last private lesson.
6.1. The Client who books the Activity/Arrangement is jointly and severally liable for all others he signs up.
6.2. In case the number of people for whom the Client booked an Activity/Arrangement changes less than 48 hours before the start of the planned Activity/Arrangement, the rules of article 5.4.b apply. If the change/cancellation occurs more than 48 hours before the start of the Activity/Arrangement, the rules of article 5.4.a apply.
7.1. The Client (including the persons participating on behalf of the Client) declare by signing the agreement that they have taken note of the possible difficulty, severity and risks of the activities in which they participate. In terms of health and condition, the client/participating person (s) must be able to participate in the activities without putting themselves or others at risk.
8.1. The Client (including the persons participating on behalf of the Client) is obliged to follow all instructions from Organizer during the execution of the agreement. If this is not followed, the Organizer may decide to discontinue the execution of the agreement at any time without 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 inconvenience or inconvenience, the Client/participating person (s) may be excluded from further participation. Any resulting costs will be borne by the Client.
9.1. Prior to the Activity/Arrangement, Individual Client must pay the total amount in accordance with the applicable standard amounts or as specified in any offer issued.
9.2. If the Client does not make payment in accordance with the provisions of these general terms and conditions, the Client is in default by operation of law without a reminder or notice of default being required. Organizer is then free to cancel the Activity/Arrangement without Organizer being liable for damages in any way.
9.3. As soon as the Client is in default, in addition to the total agreed amount, the Client is also obliged to reimburse 1% interest per month and possibly 15% extrajudicial collection costs with a minimum of €150.00.
10.1. Organizer is not liable for damage, of whatever nature, because Organizer relied on incorrect or incomplete information provided by the Client, unless this inaccuracy or incompleteness should have been known to Organizer.
10.2. Client indemnifies Organizer against any claims from third parties (including persons participating on behalf of Client) who suffer damage in connection with the execution of the agreement and which is attributable to Client (including failure to comply with the obligation to provide information by Client and its participants as set out in this provision).
10.3. Costs resulting from damage and/or destruction caused by the Client will be paid by the Client.
11.1. Participation in Activity/Arrangement is at the risk of the Client.
11.2. If Organizer should be liable for the damage suffered by the Client as a result of the execution of the agreement, liability is limited to a maximum of the amount charged and paid to the Client for the execution of the agreement or the total amount to be paid out by Organizer's insurance company.
11.3. Negligence on the part of the Client (e.g. failure to follow Organizer's instructions), otherwise failure, incorrect or timely fulfillment of the agreement, or incompleteness by the Client with regard to information that the Client should reasonably understand or should have understood should have informed Organizer of prior to the execution of the agreement excludes any form of liability on the part of 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, improper or inaction, overestimating one's own abilities or ignoring instructions; b. classifying a participant, consciously or unconsciously, in the wrong category and/or if the participant does not comply with one or more safety holds regulations and/or his or her condition, was not sufficient to carry out the activity in question; the actions and influences of third parties not directly involved in the execution of the agreement; circumstances that are not due to the fault of the Organizers that cannot reasonably be attributed to Organizer under Dutch law or social standards.
11.6. The Client is deemed to have appropriate accident, travel and cancellation insurance.
12.1. If the Client wishes to file a complaint with the Organizer as a result of the execution of the agreement, the Client must notify Organizer in writing within 14 working days of the execution of the activity/arrangement.
13.1. When the Organizer processes personal data while executing the Agreement, the Organizer will process the personal data properly and carefully 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 name and last name b. Date of birth. Phone numbers. E-mail address. Other personal data that you actively provide, for example by creating a profile, in correspondence or by phone.
13.3. The organizer processes the following special personal data: a. Health b. Information about people who are under 16 years of age. However, we cannot check whether a visitor is older than 16. We therefore recommend that parents be involved in their children's online activities to prevent data about children from being collected without parental consent. If you are convinced that we have collected personal information about a minor without that consent, please contact us at info@kitesurfspot.nlkitesurfschool.nl, then we will delete this information.
13.4. The Organizer only uses personal information to identify the Client during a booking or registration, 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 emails sent by the Organizer are sent via Mandrill. When the Client provides us with his email address, that email address and first name are automatically stored in the appropriate list at Mandrill.
13.6. The Client's shared personal data is kept by the Organizer for a longer period of time, but never longer than necessary for the execution of activities, unless the Organizer must keep the data for a longer period of time based on a legal regulation. Retention period (categories by component). Request permission if customers want their accounts to last after completing classes.
13.7.1. After providing personal data, the Client has the right to: a view. rectification/deletion of data. transfer. objection
13.7.2. If the Client has the impression that his data is not being 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 information with the Organizer. However, if the Organizer does not have the minimum necessary information, 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, abuse, unauthorized access, unwanted disclosure and unauthorized modification. This site is therefore provided with an SSL certificate.
13.10. If there is a data breach in the personal data that the Organizer keeps, they will report it to the Data Protection Authority at all times.
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