Article 1: Definitions
In these terms and conditions and the applicable agreement the following terms have the following meanings:
1. eFoil lessons, super lessons / tours: service or activity offered by the entrepreneur. With this service or activity or combination thereof, material and / or personnel can be supplied and / or hired to realize the service or activity.
2. Arrangement: A service or activity or a combination of services or activities, as well as the provision of facilities,
organized or offered by the entrepreneur for a business or professional purpose. These services, activities or facilities
may consist of the rental or sale of material, the provision of transport or activities, the provision of
(accommodation) accommodation (s), the provision of instruction and the supervision of (parts of) a
program of activities. Guided arrangements or guided activities are
understood to mean: arrangements or activities that are supervised by a representative of the entrepreneur.
3. Service: all actions in preparation or support of the implementation of outdoor sports offered by us. This includes, among other things, the rental or sale of equipment, the provision of transport, the provision of accommodation (s), the giving of instruction and the supervision of (parts of) outdoor sports.
4. Activity: outdoor sport or service or combination of outdoor sport and service, organized or offered by the entrepreneur on a business or professional basis.
5. Supervised activities: activities that are supervised by (a representative of) the entrepreneur:
6. One-day activity: an activity that is offered by an entrepreneur and that does not last longer than 24 hours in total and that does not include an overnight stay;
7. Multi-day activity: an activity offered by an entrepreneur that lasts longer than 24 hours in total or that includes an overnight stay.
8. One-day arrangement: A service or activity, or a combination of services or activities offered by an entrepreneur and which does not last longer than 24 hours in total and which does not include an overnight stay and comprises at least 1 half-day.
9. Multi-day package: A service or activity or a combination of services and activities offered by an entrepreneur that lasts longer than 24 hours in total and which includes at least an overnight stay.
10. Entrepreneur: the person who, in the exercise of his profession or business, offers activities and / or materials; Representative of the entrepreneur: the person who acts on behalf of the entrepreneur; Flying Fish and all associated trade names.
11. Contractor: any natural person or legal entity that concludes an agreement with the entrepreneur for himself or on behalf of third parties or who takes part in an activity and / or arrangement of the entrepreneur.
12. Participant: any natural person who actually participates in or makes use of an arrangement and / or activity;
13. Agreement: agreement between the entrepreneur and the contractor with regard to an arrangement or activity;
14. Agreed price: the fee paid by the contractor for the activity; it must be stated in writing what is included in the price;
15. Information: written / electronic data about the activity.
16. Cancellation: the written termination by the contracting party of the agreement, before the start of the activity.
17. Quotation: A quotation should be regarded as invitations to the potential buyer to make an offer. They therefore do not bind us in any way. The order given to us counts as an offer, which is only deemed to have been accepted by us after written confirmation from us (the so-called order confirmation).
18. Order: An order means that the entrepreneur will have to order the material from third parties. The contracting party obliges to purchase or pay for the ordered material if the ordered material can no longer be canceled with third parties, whereby the obligation of payment and / or purchase is passed on.
19. Reservation: Reservation means that there is an assignment and / or activity with an associated time of purchase and / or appointment on the specified date. Written contact: By written contact we mean the actual sending of e-mails, letters, messages. via Social Media and WhatsApp. There is no other form of written contact thatto us by operation of
applieslaw. A written confirmation will be sent at all times. We are not liable for the non-delivered written contact that has not arrived due to force majeure or failure of third parties hired to take care of the written contact.
20. Telephone contact: All telephone contact is confirmed via a written confirmation on the part of the entrepreneur. Not reading or not receiving the information is not the responsibility of the entrepreneur.
21. Contact details contractor: The actual contact details of the contractor provided are at all times the responsibility of the contractor. We are not liable for incorrect delivery of contact details, resulting in incomplete or partial delivery of the information, order or order.
22. Event: A service or activity or combination of services or activities, as well as the provision of facilities, organized or offered by the entrepreneur for a business or professional purpose. These services, activities or facilities may consist of the rental or sale of material, the provision of transport or activities, the provision of (accommodation) accommodation (s), the provision of instruction and the supervision of (parts of) a program of activities.
Article 2: Scope
1. These terms and conditions apply to all quotations, offers and agreements made by or on behalf of the entrepreneur, unless explicitly deviated from in the agreement in writing.
2. The conditions are known to both parties when entering into the agreement. The contractor accepts the applicability of these terms and conditions by entering into an agreement with the entrepreneur or actually participating in an activity or by paying the agreed price or part thereof.
3. In case of conflict between these terms and conditions and the general terms and conditions of the contracting party, the terms and conditions of the entrepreneur will prevail. This does not affect the fact that the contractor and the entrepreneur can make individual additional written agreements that in favor of the contractor and / or the participant
deviate from these terms and conditions.
4. The entrepreneur is only bound by the agreement and / or changes thereof and / or additions there to, if the contractor has accepted them in writing.
Article 3: Price Change
Price Change If, after the agreed price has been determined, additional costs arise as a result of a change in charges and / or levies that directly relate to the activity or to the participant and / or contractor due to an increase in the burden on the part of the entrepreneur. , these can be passed on to the contractor, even after the conclusion of the contract.
Article 4. Delivery.
Delivery terms and reservations eFoil lessons, super lessons / tours can usually take place within a few days.
Article 5: Payment.
Payment for the services must be made before the start of the lesson, preferably via the website www.foilsurfcuracao.com , or via third parties with which Foil Surf Curacao has made booking arrangements.
Article 6: Cancellation.
We recommend that you take out cancellation insurance, accident insurance and / or travel insurance.
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In case of cancellation of a scheduled service, by the contractor, the contractor pays a fee to the entrepreneur. This amounts to:
a. EFoil lesson, suples / tour: 25% of the costs up to 48 hours in advance
b. eFoil lesson, suples / tour: 50% of the costs within 48 hours before the lesson.
Article 7: Early Departure
Early Depature by the participant the inevent of premature departure by the participant, the contractor owes the full price for the agreed activity.
Article 8: Obligations of the contractor
1.The contractor must ensure that the participants observe the rules of conduct and house rules applied by the entrepreneur.
2.For an activity abroad, the contractor ensures that the participants are in possession of all documents required in the country of destination or countries of transit such as a valid passport or identity card, any visas, proof of vaccination, etc. the lack of a required document cannot participate in (part of) the activity, the entrepreneur is not liable.
3.The entrepreneur reserves the right to use photographic or other recordings made during the arrangement or activity for promotional purposes. Objections to this must be submitted in writing within 14 days of admission.
4.Alcohol use, drug use and / or medication that reduces the reaction speed before and during the activity is prohibited. The entrepreneur is under no circumstances responsible in the event of alcohol, drug use or medication.
Article 9: Premature termination by the entrepreneur
1. The entrepreneur can exclude a participant from further participation in the activity and dissolve the agreement with regard to this participant if the participant, despite prior warning, causes nuisance to the entrepreneur and / or fellow participants, or safety. endangers himself and / or others or deals irresponsibly with nature and the environment or spoils the good atmosphere in or in the immediate vicinity of the activity.
2. All resulting additional costs will be borne by the contractor.
3. If the entrepreneur or representative wishes premature termination, he must notify the participant personally and must also inform the contractor thereof.
4. In principle, the contractor remains obliged to pay the agreed price.
Article 10: Amendments to the agreement
1. If, at the request of the contracting party, the entrepreneur changes the content of the agreement, the entrepreneur has the right to charge extra costs.
2. There is also an amendment to the agreement if the information provided by the contractor does not correspond to reality.
3. If the entrepreneur changes the agreement, he will offer the contractor an alternative. If the contractor rejects this alternative, he must report this to the entrepreneur without delay. In this case, the contractor is entitled to a full refund of monies already paid that
relate to the parts of the activity that have not been used. Refunds are not possible due to changes due to bad weather, such as thunderstorms, storms or too much wind.
4. A participant who is unable to participate in the activity can - with the consent of the contracting party and the entrepreneur - be replaced by another under the following conditions:
a. The substitute must meet all the conditions attached to the agreement,
b. the request for replacement mustto the entrepreneur no later than 2 days before the start of the activity
be submitted,
c. the conditions of the service providers involved in the performance of the activity do not preclude
the substitution.
Article 11: Impracticability of the agreement cancel
1.The entrepreneur has the right to suspend ort he execution of the agreement in the event of serious circumstances that are unforeseen and cannot be remedied or avoided, such as (civil) war, terror, political unrest, natural disasters, food shortages, general strikes,
sick personnel, weather conditions and other matters in which force majeure plays a significant role. The entrepreneur is obliged to inform the contractor immediately and stating the reasons of the cancellation.
2.The entrepreneur has the right to dissolve the agreement in whole or in part if the physical condition of the participant, in the opinion of the entrepreneur, makes him / her unsuitable for (further) participation in the activity.
3.The entrepreneur has the right to terminate or suspend the agreement if there are too few participants for a group activity, where the number of participants is indicated in advance.
4.If compliance becomes permanently impossible, the agreement can be dissolved for that part that has not yet been fulfilled. In that case, neither party is entitled to compensation for the damage suffered as a result of the dissolution.
5.In unfavorable weather conditions, alternative programs can be started which are established before agreement with the contractor.
Article 12: Complaints
1.If the participant finds a shortcoming in the implementation of the agreement, he must report this as soon as possible so that an appropriate solution can be found.
2. If the complaint has not been resolved satisfactorily on site, the contractor can make this known to the entrepreneur in writing and with reasons, no later than 14 days after the end of the activity.
Article 13: Liability
1. The legal liability of the entrepreneur for damage other than injury and death is limited to a maximum according to the then applicable VDWS standard per event.
2. The entrepreneur is not liable for an accident, theft or damage unless this is the result of a shortcoming that can be attributed to the entrepreneur.
3. The entrepreneur is not liable for the consequences of extreme weather conditions or other forms of force majeure.
4. The contracting party is liable to the entrepreneur for damage caused by the actions or omissions of the participant insofar as it concerns damage that can be attributed to him.
5. The entrepreneur undertakes to take appropriate measures after the participant has reported nuisance caused by other participants.
6. The participant is and remains responsible for assessing whether he / she is in sufficient condition to perform
relevant activities. As well as to be in possession of a valid swimming certificate as a basis for entering the water.
7. Contractor has a minimum age of 16 years. By definition, the entrepreneur assumes that at least one of the parents / guardian is aware of participation. The contractor is therefore obliged to take care of this
.
8. The contractor is aware that there is participation in an activity with a significantly increased risk that is often not covered by the third party liability insurance. If desired, the contracting party must arrange for proper insurance himself.
Article 14: Minimum and maximum participation
1. In case of a minimum participation, the number of participants will be notified in advance to allow the activity to take place.
2. The maximum number of participants is notified in advance and depends on the type of activity.
Article 15: Rent, lesson, newsletter and social media
1. Foil Surf Curacao and its instructors / staff cannot be held liable for any injury and / or damage incurred or caused by the student or tenant during lesson, rental or test period.
2. Foil Surf Curaçao will always supervise rental periods.
3. The contracting party is at all times given the opportunity to unsubscribe from the Foil Surf Curacao e-mail newsletter.
Article 16: validity of outstanding lessons, gift certificates and other vouchers.
1. All purchased services have a maximum term of 1 year unless explicitly agreed otherwise in writing with the entrepreneur.
2. The entrepreneur has the right to link the purchased activity, service or other forms offered by the entrepreneur to a purchase period.
3. If the purchase or validity referred to in paragraph 1 is exceeded, this means that the purchase in question is no longer valid or is no longer due and payable. Unless it has been explicitly confirmed in writing that the purchase term will be extended.
Article 17: Advertising and marketing
Any form of advertising, marketing and information presented by the entrepreneur is always presented truthfully. We try to ensure that this is correct as much as possible. No claim can be made on incorrect information, printing errors or other inaccuracies. All printing and typing errors are subject to change.
Article 18: Laws and regulations
1. The entrepreneur ensures at all times that the activity complies with all environmental and safety requirements that are or may be imposed on the activity by the government.
2. The participant is obliged to strictly observe all safety regulations applicable to the activity.
3. Dutch law applies to this agreement.