Article 1 Definitions

In these general terms and conditions, the following terms are used in the following meaning, unless expressly indicated otherwise.

a. User/Organiser: Vof Surfschool Texel, established in Den Helderen, which offers arrangements, activities and/or services in the implementation 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/Package: the service and/or activity organized or offered by the User, or a combination thereof. These services and/or activity may consist of recreationally offering surf lessons to individuals, groups, companies, etc. and all activities to be performed and agreed upon for the benefit of the Client.

Article 2 General

2.1. These conditions apply to every offer, quotation and implementation of the agreed Activities/Arrangements between the User and the Client.

2.2. The Client accepts the applicability of these terms and conditions by entering into an agreement with the User or by actually participating in an arrangement or activity. The present terms and conditions also apply to all agreements with the User, for which the User engages third parties for the execution.

2.3. Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing. If one or more of the provisions in these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. User and Client will then enter into consultation in order to agree on new provisions to replace the void or voided provisions, whereby the purpose and intent of the original provision will be taken into account if and as much as possible.

Article 3 Offers and quotations

3.1. All offers are without obligation, unless a term for acceptance is stated in the offer. The quotations made by the User are without obligation and are valid for 20 days, unless indicated otherwise. 

3.2. The prices in the said offers and quotations include sales tax and other government levies, as well as any costs to be incurred in the context of the agreement, including mileage and transport costs, unless indicated otherwise;

3.3. If the acceptance (also on minor points) deviates 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 the User indicates otherwise.

3.4. A composite quotation does not oblige the User to perform part of the assignment for a corresponding part of the stated price.

3.5 Offers or quotations do not automatically apply to future assignments.

Article 4 Performance of the agreement

4.1. User will perform 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 (partial) activities performed by third parties.

4.3. The Client shall ensure that all data, which the User indicates are necessary or which the Client should reasonably understand to be 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 who participates in the activity (in particular relevant medical and conditional details, alcohol and/or drug use, etc.).

On the basis of 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 of it. Insofar as necessary, the agreement for that part will then be dissolved, without any right of the Client to compensation arising.

4.4. If the information required for the execution of the agreement has not been 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 resulting from the delay in accordance with the usual rates.

4.5. The User is not liable for damage, of whatever nature, because the User relied on incorrect or incomplete information provided by the Client, unless the User should have been aware of this inaccuracy or incompleteness.

4.6. The Client indemnifies the User against any claims from third parties (including 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 as a result of the Client's failure to comply with the information obligation and its participants as set out in this provision).

4.7. The Client is obliged (including the persons participating on behalf of the Client) to follow all instructions from the User during the execution of the agreement, failing which the User can decide at any time to discontinue the execution of the agreement without this being the case on the part of the Client. gives any right to a refund of amounts paid or compensation.

4.8. If the execution of the agreement is delayed for reasons on the part of the Client, the User has the right to charge the extra time to the Client in proportion to the agreed hourly rate or to shorten the Activity/Arrangement without this giving the Client the right. to 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 cannot take place due to weather or other circumstances in the opinion of the User, then the User is entitled to cancel the activity and/or to replace it with another activity without this being the case for this. The Client may give rise to (partial) cancellation of 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 as a result. The User will inform the Client of this as soon as possible. If the amendment or addition to the agreement has financial consequences, the User will inform the Client about this in advance. If a fixed fee has been agreed, the User will indicate to what extent the amendment or supplement to the agreement will result in this fee being exceeded.

5.3. Contrary to the preceding paragraph, the User will not be able to charge additional costs if the change or addition is the result of circumstances that can be attributed to the User.

5.4.a. In the event that the Client cancels an agreed Activity/Arrangement more than fourteen days prior to this, the Client is obliged to pay the User at least 25% of the total amount offered and involved in the activity/arrangement.

b. In the event of cancellation by the Client less than fourteen but longer than seven days prior to the Activity/Arrangement, the Client is obliged to pay the User 50% of the total amount involved and offered.

c. Unless otherwise agreed, cancellation by the Client seven days or less prior to the planned Activity/Arrangement is not possible, so that the Client is then obliged to pay the User the fully agreed amount at the User's first request.

5.5. Cancellation by the User makes the User in no way liable for compensation towards the Client. As soon as the User is aware that the planned and agreed Activity/Arrangement cannot or partly cannot take place, the User is obliged to inform the Client about this immediately (whether or not accompanied by an alternative offer). In the event that the Client renounces the activity, the User is obliged to immediately repay the amounts received to the Client.

Article 6 Payment

6.1. Prior to the Activity/Arrangement, the Individual Client must pay the total amount in accordance with the applicable standard amounts or as determined in any quotation that may be issued.

In the event that the agreement was concluded less than 20 days prior to the Activity/Arrangement, the Client is obliged to pay the User the total amount involved within five working days of the conclusion of the agreement.

6.2. If the Client does not 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 reminder or notice of default being required. The User is then free to cancel the Activity/Arrangement without the User being liable for compensation in any way.

6.3. As soon as the Client is in default, the Client is also obliged to pay 1% interest per month in addition to the total agreed amount, as well as any 15% extrajudicial collection costs with a minimum of €150.

Article 7 Liability

7.1. If the User should be liable for the damage suffered by the Client as a result of the execution of the agreement, this liability is limited to a maximum of the amount charged and paid to the Client with the execution of the agreement or the amount stated in this by the insurance company of the Client. User payout total.

7.2. Negligence on the part of the Client (for example, not following the instructions of the User), otherwise not, incorrectly or lately complying with the agreement or incompleteness by the Client with regard to information which the Client should reasonably understand or should have understood to inform User thereof. should have been informed prior to the execution of the agreement, excludes any form of liability on the part of the User.

7.3. The User 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.