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TERMS AND CONDITIONS
NORTH SEA WATERSPORTS
Article 1. Definitions
In these general terms and conditions, the following definitions apply:
- Activities: all programs, events and activities undertaken and organized by North
- Client: all companies, consumers and other participants who
make use of the services of North Sea Watersports.
- Supplier: the person, not being the principal, who supplies goods, services, or
other performance worthy of money to North Sea Watersports.
- Management: those who are registered as directors of North Sea Watersports
at the Chamber of Commerce in Amsterdam under number 71568484.
- Other party: both client, participant and supplier.
Article 2. Applicability of these conditions
These conditions apply to every offer and every agreement between North Sea Watersports and a counterparty to which North Sea Watersports has declared these terms and conditions applicable, insofar as the parties have not explicitly deviated from these conditions.
Article 3. Offer
- Based on the wishes or objectives of the client or participant, program proposals are drawn up, containing: price indications, program descriptions and a time division; these program proposals are sent to the customer as an offer.
- The prices stated in an offer include VAT, unless otherwise indicated.
Article 4. Agreement Notifications, confirmations or reservations for a North Sea Watersports organized activity is done in writing or orally. One can register for an activity by telephone, e-mail or via the website or personal confirmation. At all times, these terms and conditions are of apply to the notification, confirmation or reservation.
Article 5. Compliance with the risks
A client who has signed the confirmation of the agreement (or checked, or confirmed by phone or e-mail) explains knowledge to take the possible level of difficulty, weight and risk of the activities in which it participates, as well as all relevant medical and / or conditional details. And every notified participant must be able to do so in terms of health and fitness to participate in the activities without involving themselves or others to bring danger.
Article 6. Modification of the agreement
- North Sea Watersports may change the agreement or confirmation due to important circumstances communicated to the other party immediately.
- North Sea Watersports reserves the right to adjust the participant’s price in case of interim changes in the group size. The allowed change in number of participants, without consequence for the package price, is 10%.
- Change in group size must be in writing, no later than 1 week before arrangements date, to be reported. The date on which the cancellation message is received is determinative. Changes made within 7 days of scheduled event will not be settled.
- If a change of a package date by the client, North will keep Sea Watersports reserves the right to charge a change fee at 5% of the price with a minimum of € 50.00 excluding VAT.
Article 7. Proxies
- Only and exclusively the management of North Sea Watersports – either personally or by written proxy to one of the employees of North Sea Watersports – is entitled to include stipulations in an agreement that deviate from these general conditions.
- The person acting for the other party is presumed to be authorized by the counterparty.
- Confirmation of an activity at North Sea Watersports is assumed that the board of the participating company, association or institution and the contact person agree with the general conditions, such as described here.
Article 8. Joint liability
The person who books the activity on behalf of other participants is jointly liable for all others that he registers.
Article 9. Damage
- Costs arising from damage and / or vandalism caused by participants will, insofar as not to recover from the perpetrator, be paid by the client or participant.
- When a participant causes inconvenience, such that the relationship between North Sea Watersports and the owners of the location and / or supplier is seriously damaged, the relevant participant can become excluded from further events. Any costs arising from this will be borne by the concerning participant or client.
Article 10. Guidance
- The participants who have agreed on an activity with North Sea Watersports, are required to follow instructions from the management throughout the program, especially when these instructions are necessary to guarantee a good and safe progression throughout the activity.
- We work with IKO and VDWS instructors and if necessary with others selected and trained internally by the management.
- When a participant deems to have physical or psychological defects, is guilty of misconduct or is otherwise a nuisance or inconvenience, the participant can be excluded from further participation. Any resulting costs will be placed on the participant concerned.
Article 11. Payment, interest and collection costs
- Payments must be made no later than 14 days after the invoice date unless otherwise agreed.
- North Sea Watersports is entitled to request an advance payment from client or participant.
- After the expiration of 14 days after the invoice date, the client or participant in question will be charged an interest of 1% per month in addition to the already agreed upon price.
- Furthermore, the client or participant is obliged to pay extrajudicial collection costs equal to 15% of the claimed.
- Variable costs, such as extra catering, extra activities, transport costs, consumptions and the like which are consumed during all activities are – unless otherwise agreed – charged to the client afterwards.
- North Sea Watersports requests a deposit of 10% of the total invoice amount for company, group and school events.
- North Sea Watersports reserves the right to deviate from these cancellation / payment conditions.
Article 12. Cancellation
- Cancellation must always take place in writing and / or by e-mail. Date postmark and / or date of entry e-mail is used for the calculation of the cancellation deadline.
- If an agreement is cancelled, each client or a participant is responsible for reservation costs in addition to cancellation costs.
- In the event of cancellation North Sea Watersports will charge the following costs:
- from 8 to 14 days before the start: 25% of the package price;
- within 7 days (inclusive) before the start: 50% of the package price;
- within 2 days (inclusive) before the start or later: 100% of the package price. This also applies if a participant is not present without cancellation.
- If the actual costs on the part of North Sea Watersports due to cancellation exceed the cancellation costs referred to in paragraph 3 of this article, then additional costs can also be charged.
- North Sea Watersports reserves the right to cancel activities without being obliged in any way other than repayment of invoices already paid.
Article 13 – Right of withdrawal
- With the provision of services, the consumer has the possibility to withdraw without giving any reason at least 14 days in advance, starting on the day of entering into the Agreement.
- In order to exercise his right of withdrawal, the consumer will focus on the by the entrepreneur with the offer and / or appearance at the delivery of reasonable and clear instructions in this regard.
Article 14 – Costs in the event of cancellation
- If the consumer makes use of his right of withdrawal, they will be charged at most the cost of reimbursement
- If the consumer has paid an amount, the entrepreneur will return this amount as soon as possible but no later than 14 days after cancellation. However, the condition is that the product has already been received by the webshop or conclusive proof of complete return may be submitted.
Article 15 – Exclusion of right of withdrawal
Exclusion of the right of withdrawal is only possible for services:
- concerning accommodation, transport, restaurant business or leisure activities performed on a certain date or during a certain period;
- the delivery of which is expressly approved by the consumer starting before the reflection period has expired;
- concerning betting and lotteries.
Article 16. Liability North Sea Watersports
- Participation in arrangements and / or activities is at the risk of client and / or participant. Except in case of intent or gross negligence of North Sea Watersports, the organizer is not liable for any form of damage.
- North Sea Watersports is in any case not liable for damage that is resulted by:
- circumstances that can be attributed to the participant and / or client, such as not having an inadequate health or condition, inadequate personal equipment, improper handling or inaction, overestimation of equity or ignoring instructions;
- The self placement (deliberately) or subconsciously arrange a participant in one wrong category and / or if the participant is not committed to one or more safety rules and / or his or her condition was not sufficient to practice the activity in question.
- actions and influences not directly in the execution of the agreement involving third parties; circumstances that are not out of control of North Sea Watersports and those under Dutch law or the standards applicable to society do not reasonably apply to North Sea Watersports can be attributed.
- The client and / or participant is deemed to have an appropriate accident, travel and cancellation insurance. North Sea Watersports never accepts liability for damages for which compensation is claimed, or on the basis of the preceding sentence to exist, by virtue of travel, accident and / or cancellation insurance.
- If an event occurs unexpectedly during the execution of an arrangement leading to liability of North Sea Watersports, this liability is limited to the amount or amounts on which the North Sea Watersports entitles closed liability insurance.
- At North Sea watersports, the water sports instructor is only liable if the instructor does not comply with the rules of IKO, VDWS or decent certification or internal training.
Article 17. Liability of the client and / or participant
The participant and / or the client is liable towards North Sea Watersports for damage or any other disadvantage caused by action or neglecting himself, or “authorized” third parties.
Article 18. Applicable law
Dutch law applies to every agreement between North Sea Watersports and the other party.
Article 19. Copyright, industrial property
- North Sea Watersports reserves the rights and powers accrued to it on the basis of the Copyright Act.
- Industrial or intellectual property rights of North Sea Watersports conceived or established programs, assignments, ideas, activities will only continue with express permission of North Sea Watersports.
Article 20. Extra information
- Hygiene reasons the participant must wear underwear, swimsuit or bikini when renting a wetsuit from North Sea Watersports.
- The lesson and booked courses is valid one year from booking day.
- Courses and gifts are not refundable or changeable to cash, but only into watersport lesson/courses.