Terms and Conditions

1.1 In these conditions, the following definitions apply:

Article 1 Definitions

Activities: programs, services, events, workshops, etc ..; These services and / or activity can consist of offering surfing lessons to individuals, groups, companies, etc. in a recreational form and all activities that have to be carried out and agreed upon for the client.

Strandevents.nl: Registered in the Chamber of Commerce under number 72824123, established in Noordwijk at Boekerslootlaan 2 2201 BT.

Representative of Strandevents: the person who acts on behalf of Strandevents, for example as supervisor of an activity (also: instructor, trainer, lifesaver).

Agreement: the agreement whereby Strandevents commits itself towards a customer to deliver an activity.

Customer: any natural person or legal entity that may or may not request a third party offer for an activity and / or sign or conclude an agreement with Strandevents

Participant: any natural person who actually participates in an activity.

Party date: the date on which the activity is planned in the Strandevents agenda.

Article 2. Applicability

2.1 These terms and conditions apply to all quotations and offers made by or on behalf of Strandevents, to all agreements concluded with Strandevents and to all activities performed by Strandevents.

2.2 The customer accepts the applicability of these conditions by entering into an agreement with Strandevents or participating in an activity of Strandevents.

2.3 The applicability of the customer’s general (purchase) conditions is explicitly rejected by Strandevents.

2.4 Strandevents is only bound by the agreement and / or changes thereof and / or additions thereto, if Strandevents has accepted this in writing.

2.5 These conditions can only be deviated from in writing.

Article 3. Formation and content of agreement and validity

3.1 The agreement is concluded when Strandevents has sent the customer a quote and the customer has confirmed the quote in writing immediately or in any case as soon as possible before the party date, or, in the absence of a quote and / or confirmation ; if Strandevents implements the activity.

3.2 An agreement is also deemed to have been concluded if Strandevents has put together an activity on behalf of the customer and the customer has had intensive contact with Strandevents regarding the content of the service and has indicated to the customer that the activity will take place. In the event of cancellation, Article 8.4 applies.

3.3 The prices and (optional) reservations are valid until the option expiration date, as stated in the quotation. After this date, what is stated in the quotation cannot be guaranteed.

3.4 The customer is obliged to report all personal circumstances of himself and / or those on whose behalf he enters into the agreement to Strandevents at the conclusion of the agreement, insofar as these can influence the smooth running of the activity. This obligation applies in particular to all relevant medical and conditional details.

3.5 The customer can specify preferences if desired. Strandevents will meet this, to the extent that it is within its capacity.

3.6 Strandevents’ offer is without obligation and can be revoked by Strandevents upon booking or within two working days thereafter.

Article 4. Legal capacity

Strandevents may trust that the person who concludes the agreement on behalf of or for the benefit of the client is authorized to represent. If the person who enters into an agreement on behalf of a client turns out not to be authorized to represent, the agreement will have been entered into privately by the unauthorized representative, without prejudice to the possibility for Strandevents to rely on a legitimate expectation of representation authority.

Article 5. Payment

5.1 For agreed activities, immediately after written confirmation, 50% of the invoiced amount must be paid on the basis of the invoice sent. The remaining 50% of the invoiced amount must be paid before the party date.

5.2 In the event of late payment, Strandevents is entitled to cancel the booked activity. Money that has already been paid will not be refunded and the provisions in Article 8 of these terms and conditions will then continue to apply in full.

5.3 The invoice is deemed to have been approved if the customer has not responded within 8 working days after the invoice date; this also obliges the customer to pay this invoice.

5.4 If (remaining) payment is not paid within the payment term stated on the invoice, Strandevents may charge the customer 15% of the total price.

5.5 If and insofar as timely the customer is in default. All claims are then immediately due and payable. All judicial as well as extrajudicial costs related to the collection of any claim against the customer are for his account. The extrajudicial costs will amount to at least 15% of the amount to be claimed

Article 6. Rates and prices

6.1 At the request of the customer, Strandevents will make an offer for an agreed / agreed activity.

6.2 The rates and prices of Strandevents are package prices and include all items described in the agreed activity, unless stated otherwise.

6.3 The rates and prices do not include: a. Any additional costs for extra consumptions and materials used; b. The costs of an additional accident and cancellation insurance; c. Rain and sailing clothing; d. The costs of an event insurance.

6.4 The costs referred to in 6.3.d are included in the quotation as a provisional item and are subsequently charged on to the customer by invoice.

6.5 The published prices are based on the rates, prices and conditions as they were known during the preparation of the activity.

6.6 Strandevents reserves the right to change the rates and prices before the conclusion of the agreement if there is reason to do so due to a price increase of own prices or prices of third parties, including the applicable VAT regulations. Strandevents is obliged to inform and explain this price change to the customer as soon as possible.

6.7 If Strandevents decides to increase the price, the customer has the right to reject the price change. The customer must inform Strandevents of his decision as soon as possible.

6.8 If the customer rejects the price change, Strandevents is entitled to cancel the agreement.

Article 7. Changes by the customer

7.1 The agreement can be changed by the customer if this has been agreed in writing with Strandevents. See Article 8 for the relevant cancellation costs.

7.2 An amount to be determined in further consultation is due for changing the agreement. If the amount of the amended agreement is more than 10% lower than the previous agreement, the cancellation arrangement from Article 8 applies to the difference. If the activity is offered per participant:

7.3 A reduction of the number of participants in the activity within a 10% margin is only possible up to 8 working days before the party date at the latest. This change will be made free of charge.

7.4 If the number of participants in the activity is reduced by more than 10%, the cancellation scheme from Article 8 applies.

7.5 An increase in the number of participants must be reported in writing 8 working days before the party date. The full price is always charged. Strandevents cannot guarantee that these extra reservations are always possible.

7.6 If the customer arrives later than agreed at the agreed times, either the agreed end time will be used or, if available, the agreed duration of the activity. The extra costs incurred by Strandevents are fully charged to the customer. 7.6 For all the above changes, the customer owes € 12.50 administration costs per change.

Article 8. Cancellation by the customer

8.1 The customer is advised to take out cancellation costs or event insurance with regard to the activity to be organized.

8.2 The customer can only cancel the agreement by reporting this to Strandevents in writing, stating the party date. The date of the postmark is the cancellation date.

8.3 In the event of cancellation by the customer, he will in any case owe Strandevents the following:

For a cancellation more than 60 days before the intended party date, 15% of the agreed price;

For a cancellation between 31-60 days before the said party date, 35% of the agreed price;

For a cancellation between 15-30 days before the said party date 60% of the agreed price;

In the event of a cancellation between 8-14 days before the said party date, 85% of the agreed price;

With a cancellation from 7 days before the said party date, cancellations can no longer be made and the customer owes 100% of the agreed price to Strandevents;

8.4 In the event of cancellation of an agreement as referred to in Article 3.2, all organizational hours and other costs incurred will be charged.

8.5 Strandevents accepts no liability for the costs already incurred by the customer if an activity is canceled.

Article 9. Changes by Strandevents

9.1 Due to serious circumstances that must be immediately communicated to the customer, Strandevents may be forced to change the offered activity. Strandevents then undertakes to immediately notify the customer and undertakes to offer the customer an alternative that leaves the specific nature and nature of the activity intact as much as possible and to communicate this without delay.

9.2 The customer can reject the change if the alternative has a substantially different character than the original activity or the change causes considerable damage to the customer in another way. The customer who rejects the change must report this to Strandevents as soon as possible. In this case, the customer is entitled to a full refund of monies already paid.

9.3 In principle, the activity also takes place in bad weather, unless other agreements have been made about this in advance.

Article 10. Cancellation by Strandevents

10.1 Strandevents has the right to cancel the agreement before or on the party date at any time in the event of weighty circumstances that are unforeseeable and cannot be remedied or avoided, such as but not exclusively (civil) war, terror, political unrest, natural disasters, food scarcity, general strikes, etc. or in the case of reasons that lie in the management of Strandevents, such as for example technical problems with a boat, motor, trailer or other material or the skipper’s illness or in the case of reasons for third parties. Strandevents is obliged to immediately inform the customer of the cancellation.

10.2 In the event of termination by Strandevents before or on the party date, as referred to in Article 10.1, the customer is entitled to full restitution of the monies that have already been paid in full or in part. However, this only applies if Strandevents has not offered an activity equivalent to the customer as a replacement.

10.3 Serious shortcomings in the performance of the agreement by the customer or participant (s), such as improper use of materials made available, give Strandevents the right to immediately suspend its obligations, in particular to take back its made available. materials and / or discontinuation of activities. Strandevents can in this case dissolve the agreement by means of a written statement to the customer. Strandevents is entitled to full reimbursement of all costs and damage by the customer.

Article 11. Obligations of Strandevents

11.1 Strandevents is obliged to implement the agreement to the best of its knowledge and ability and in accordance with the expectations that the customer may have on the basis of the agreement or publications by Strandevents. Depending on the circumstances, beach events are obliged to provide the participant with help and assistance if the activity does not go according to expectations.

11.2 Strandevents undertakes to carry out the activities within the agreed time schedule, except in cases of force majeure.

Article 12. Liability of Strandevents

12.1 Strandevents accepts no liability for damage that is the result of: a. Death, injury, accidents, injury, loss or theft caused to the participant (s) during or as a result of the activity. b. circumstances attributable to the participant such as inadequate health or condition, inadequate personal equipment, improper action or inaction, overestimation of equity or ignoring instructions given by a representative of Strandevents; c. actions and influences of third parties not directly involved in the implementation of the agreement; d. circumstances that cannot be attributed to Strandevents’ fault and that cannot reasonably be attributed to Strandevents under Dutch law or the prevailing norms in society.

12.2 The exclusions and / or limitations of liability included in this article also apply to employees and other representatives of Strandevents, or third parties engaged by it.

12.3 Subject to mandatory law provisions and except in the case of intent and / or gross negligence, Strandevents is not obliged to compensate for any damage, of any nature whatsoever, directly or indirectly, including industrial damage, damage to movable or immovable property , or to persons, both on the customer’s side and with third parties. The customer indemnifies Strandevents against any claims from third parties.

12.4 Strandevents accepts no responsibility whatsoever for leaflets, photos and other information material, as far as published by third parties.

Article 13. Obligations of customer and participant

13.1 The customer is obliged to report all personal circumstances of himself and / or those on whose behalf he enters into the agreement to Strandevents at the conclusion of the agreement, insofar as these can influence the smooth running of the activity. This obligation applies in particular to all relevant medical and conditional details. Every participant in activities in or on the water must be in possession of a swimming diploma.

13.2 The participant is advised to take out adequate (travel) accident insurance before the commencement of the activity if insurances already taken out, such as personal liability or health insurance, do not adequately cover potential damage.

13.3 The participant undertakes to comply with all instructions from Strandevents or his representative to promote the proper execution of the activity.

13.4 The participant undertakes to treat the material made available and to use it in a manner for which it is intended by virtue of its nature and the agreement and as befits good family man. The participant can have any defects recorded on receipt of the material. The participant is not allowed to make changes to the material or to use this to third parties without the permission of Strandevents. The participant informs Strandevents as soon as possible but at the latest at the end of the agreement, of damage or loss of materials. For a repair order, prior permission from Strandevents is required. At the end of the agreement, the participant will hand over the material made available to a representative of Strandevents at the place agreed in advance and in the same condition in which the participant received it and as cleanly as possible. Strandevents is entitled to charge additional costs for cleaning, searches, transport and storage of materials, declarations of loss and the like if necessary.

13.5 Strandevents can cause the participant who causes such a nuisance or burden that the performance of the activity is made to a great extent, or may be hampered, that endangers the safety of himself or others, or who irresponsibly deals with nature and the environment. or his representative from (further) participation in the activity are excluded. All additional costs arising from this are for the account of the excluded participant, insofar as the consequences of nuisance or burden can be attributed to him. If the participant is not blamed for his exclusion, a full refund of the amount of his participation in the activity will be made.

13.6 Strandevents reserves the right to use photographic or other recordings made during the activity for promotional purposes.

Article 14 Complaints 14.1

If the participant finds a shortcoming in the implementation of the agreement, he must report this as soon as possible to the management of Strandevents, or in the event of absence; to the Strandevents representative so that he can find a suitable solution.

14.2 If the complaint is not handled satisfactorily on the spot, it can be submitted to Strandevents in writing and with reasons within 14 days after the end of the activity. If the activity has not taken place, a period of one month after the original party date applies.

14.3 Any claim for whatever reason, as well as any right to terminate the agreement, lapses in the event of late notification but in any case 1 year after the end of the activity or, if the activity has not proceeded, 1 year after the original party date.

Article 15 Ownership

15.1 The copyright of composite activity programs and parts thereof is wholly owned by Strandevents.

15.2 Customers may not use Strandevents’ activity programs.

Article 16 Disputes

16.1 In the event of a dispute about an agreement, the parties will attempt to resolve this in good consultation. If the dispute cannot be settled successfully, the dispute will be submitted to the competent civil court in The Hague.

16.2 Only Dutch law applies to the aforementioned agreements and disputes, even if the customer or a participant is not established or resident within the Netherlands. The Vienna Sales Convention is expressly excluded.

January 2019 V.O.F

Alexander Alders

Daan Visser