TERMS AND CONDITIONS
Article 1. Definitions
In these general terms and conditions, the following definitions apply:
1. Activities: all programs, events and activities organized by Shaka BV.
2. Client: all companies, consumers and other participants who use the services of Shaka BV.
3. Supplier: the person, not being the principal, who delivers goods, services, or other services that can be valued by money to Shaka BV.
4. Management: those who are registered as directors of Shaka BV at the Chamber of Commerce under number 61884405.
5. Other party: both client, participant and supplier.
Article 2. Applicability of these conditions
These conditions apply to every offer and every agreement between Shaka BV and a counterparty to which Shaka BV has declared these conditions applicable, in so far as these conditions have not been explicitly deviated by the parties.
Article 3. Offer
1. On the basis of 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.
2. The prices stated in an offer are exclusive of VAT, unless stated otherwise.
Article 4. Agreement
Applications, confirmations or reservations for an activity organized by Shaka BV are done in writing or orally. You can register or confirm an e-mail, telephone or e-mail or via the website for an activity. At all times, these general conditions apply to the registration, 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 by e-mail) declares to have taken note of the possible degree of difficulty, seriousness and risks of the activities in which it participates, as well as all relevant medical and / or have communicated conditional details. And every registered participant must be able to participate in the activities in terms of health and fitness without compromising themselves or others.
Article 6. Modification of the agreement
1. Shaka BV may change the agreement or confirmation due to weighty circumstances communicated to the other party without delay.
2. Shaka BV reserves the right to adjust the participant price in case of interim changes in the group size. The permitted change in number of participants, without consequence for the package price, is 10%.
3. Changes in group size must be reported in writing, no later than 1 week before the date of payment. Decisive is the date on which Shaka BV receives the cancellation message. Changes that are made within 7 days will not be settled.
4. If Katsurfschool.nl changes a date of arrangement by the client, Shaka BV reserves the right to charge a change fee of 5% of the price with a minimum of € 50.00 excluding VAT.
Article 7. Proxies
1. Only the management of Shaka BV - either personally or by written proxy to one of the employees of Shaka BV - is authorized to include stipulations in a contract that deviate from these general terms and conditions.
2. The person acting on behalf of the other party is presumed to be authorized to do so by the other party.
3. Upon confirmation of an activity at Shaka BV it is assumed that the board of the participating company, association or institution and the contact person agree to the general conditions, as described here.
Article 8. Joint and several liability
The person who books the activity on behalf of other participants is jointly and severally liable for all others that he / she registers.
Article 9. Damage
1. Costs arising from damage and / or vandalism caused by participants will, insofar as not be charged to the perpetrator (s), be paid by the client or participant.
2. If a participant causes inconvenience, such that the relationship between Shaka BV and the owners of the location and / or the supplier is seriously damaged, the participant concerned can be
excluded. Any costs arising from this will be borne by the participant or client concerned.
Article 10. Guidance
1. The participants who have agreed an activity with Shaka BV are obliged to follow the instructions of the management during the entire program when these instructions are necessary to ensure a good and safe progress of the activity.
2. We work with certified instructors and if necessary with other instructors selected by our main instructors and (internally) trained.
3. If during the activity it appears that a participant exhibits physical or psychological defects, is guilty of misconduct or otherwise causes or can cause inconvenience or nuisance, the participant can be excluded from further participation. Any costs arising from this will be borne by the participant in question.
Article 11. Payment, interest and collection costs
1. Payments must be made no later than 14 days after the invoice date unless otherwise agreed.
2. Shaka BV is entitled to have the client or participant pay an advance of the total amount.
3. After the expiration of 14 days after the invoice date, the client or participant is in default; the client owes interest of 1% per month from the moment of default on the due and payable amount.
4. Furthermore, the client or participant is obliged to reimburse extrajudicial collection costs equal to 15% of the claimed.
5. Variable costs, such as extra catering, extra activities, transport costs, consumptions and the like that are consumed during all activities are charged to the client afterwards, unless otherwise agreed.
6. Shaka BV requests a down payment of 50% of the total invoice amount at company, group and school events.
7. Shaka BV is entitled to deviate from these cancellation / payment conditions.
Article 12. Cancellation
1. Cancellation must always take place in writing and / or by e-mail. Date of postmark and / or date of entry email is used for the calculation of the cancellation term.
2. If an agreement is canceled, cancellation fees are due for each client or participant in addition to any reservation costs that may be due.
3. In case of cancellation Shaka BV will charge the following costs:
a. from 8 to 14 days before the start: 25% of the package price;
b. within 7 days (inclusive) before the start: 50% of the package price;
c. 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.
4. If the actual costs on the part of Shaka BV as a result of the cancellation exceed the cancellation costs referred to in paragraph 3 of this article, then the additional costs may also be charged.
5. Shaka BV reserves the right to cancel activities without Shaka BV in any way
required to do otherwise than possible reimbursement of invoices already paid.
Article 13 - Right of withdrawal
1. When providing services, the consumer has the option to terminate the contract without giving any reason for at least 14 days, starting on the day of entering into the agreement.
2. In order to make use of his right of withdrawal, the consumer will focus on the reasonable and clear instructions provided by the entrepreneur with the offer and / or at the latest on delivery.
Article 14 - Costs in the event of cancellation
1.If the consumer makes use of his right of withdrawal, he will be responsible for at most the costs of returning the goods.
2.If the consumer has paid an amount, the entrepreneur will refund 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 back by the merchant or conclusive proof of complete return can be submitted.
Article 15 - Exclusion of right of withdrawal
Exclusion of the right of withdrawal is only possible for services:
1. on accommodation, transport, restaurant or leisure activities to be performed on a certain date or during a certain period;
2. the delivery of which commenced with the express consent of the consumer before the reflection period has expired;
3. concerning betting and lotteries.
Article 16. Liability Shaka BV
1. Participation in arrangements and / or activities is at the risk of the client and / or participant. Except in case of intent or gross negligence of Shaka BV, the organizer is not liable for any form of damage.
2. Shaka BV is in any case not liable for damage resulting from:
a. circumstances attributable to the participant and / or client, such as not having one
inadequate health or fitness, inadequate personal equipment, improper handling or inaction, overestimation of own abilities or ignoring instructions;
b. the intentional or unconscious classification of a participant in a wrong category and / or if the participant does not comply with one or more safety regulations and / or his or her condition, was not sufficient to practice the activity in question.
c. actions and influences of third parties not directly involved in the execution of the agreement; circumstances that are not due to the fault of Shaka BV and that can not reasonably be attributed to Shaka BV pursuant to Dutch law or the norms applicable in society.
3. The client and / or participant is deemed to take out appropriate accident, travel and cancellation insurance. Shaka BV never accepts liability for damages for which claim
reimbursement exists, or on the basis of the previous sentence is deemed to exist, by virtue of a travel, accident and / or cancellation insurance.
4. The exclusions and / or limitations of liability included in this article also apply to employees and other representatives of Shaka BV, the booking office and relevant service providers, as well as their personnel, unless the law excludes this.
5. If during the implementation of an arrangement an event occurs that leads to liability of Shaka BV, that liability shall be limited to the amount or amounts to which the liability insurance taken out by Shaka BV entitles.
Article 17. Liability of the client and / or participant
The participant and / or the client is liable towards Shaka BV for any damage or any other disadvantage caused by the act or omission of himself, or by third parties admitted by him.
Article 18. Applicable law
Dutch law applies to every agreement between Shaka BV and the other party.
Article 19. Copyright, industrial property
1. Shaka BV reserves the rights and powers that accrue to it on the basis of the Copyright Act.
2. Industrial or intellectual property rights of programs, assignments, ideas, activities conceived or created by Shaka BV will only belong to Shaka BV without further permission.
Article 20. Additional information
1. Students are responsible for taking water shoes.
2. It is compulsory to wear underwear, swimming trunks or bikini in suits borrowed from Shaka BV in connection with hygiene.
3. Our non-hazards = free lesson (with 3 days course package) guarantee applies in all reasonableness. If you are not satisfied after your kitesurfing lesson, you have 24 hours to report this in writing, so also via email.
3.1 If you have not sailed, you can only get 1 lesson back. So if you have taken a 3 course package and you are not satisfied with the lesson, you will only get 1 lesson back. Otherwise you should have indicated earlier that you are not satisfied.
4. Teaching packages are relatively cheaper than single lessons. The condition of taking a teaching package is that payment is made before the start of the first lesson.
4.1.1 The teaching packages are valid up to 1 year after purchase of the curriculum. This is in your online account.
4.1.2 Teaching packages can not be exchanged for money. Only against a kitesurfing lesson.
4.1.3 The teaching packages are registered. Only that person can use the kitesurfing lessons.
Article 21. Discount actions
1. Courses with early booking discount can only be used in the months of April up to and including 14 July of the current season unless otherwise agreed.
2. Lessons from the early bird deal that were not used in April, May, June or July can be used in the high season at a rate of € 30 extra per lesson (price changes reserved)
3. The above conditions also apply if you were unable to complete the lessons in April and May due to unsuitable weather conditions