Terms and Conditions
Article 1. Definitions
In these general terms and conditions:
1. Activities: all programs, events and activities that are organized by Way To Kite.
2. Client: all companies, consumers and other participants who use the services of Way To Kite.
3. Supplier: the person, not being the client, who supplies Way To Kite with goods, services or other services that can be valued in money.
4. Management: those who are registered as directors of Way To Kite with the Chamber of Commerce under number 86154648.
5. Other party: client, participant and supplier.
Article 2. Applicability of these conditions
These conditions apply to every offer and every agreement between Way To Kite and a counterparty to which Way To Kite has declared these conditions applicable, insofar as the parties have not expressly deviated from these conditions.
Article 3. Quotation
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 schedule; these program proposals are sent to the customer as a quotation.
2. The prices stated in a quotation are exclusive of VAT, unless indicated otherwise.
Article 4. Agreement
Registrations, confirmations or reservations for an activity organized Way To Kite are made in writing or verbally. You can register or confirm an activity by telephone, e-mail or via the website. At all times, these general terms and conditions apply to the registration, confirmation or reservation.
Article 5. Consideration of the risks
A client who has signed (or checked the confirmation of the agreement, or has confirmed by telephone or e-mail) declares to be aware of the possible difficulty, gravity and risks of the activities to be carried out. participated, as well as to have reported all relevant medical and/or conditional details. And each registered participant must be able to participate in the activities with regard to health and fitness without endangering themselves or others.
Article 6. Amendment of the agreement
1. Way To Kite may amend the agreement or confirmation due to important circumstances, which have been notified to the other party without delay.
2. Way To Kite reserves the right to adjust the participant price in the event of interim changes in group size. The permitted change in the 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 arrangement date. The date on which Way To Kite receives the cancellation notice is decisive. Changes communicated within 7 days will not be settled.
4. If the client changes an arrangement date, Way To Kite reserves the right to charge change costs at 5% of the price with a minimum of € 50.00 excluding VAT.
Article 7. Powers of attorney
1. Only the management of Way To Kite – either personally or by written authorization to one of the employees of Way To Kite – is authorized to include stipulations in an agreement 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. When confirming an activity at Way To Kite, it is assumed that the board of the participating company, association or institution and the contact person agree to the general terms and 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 or she registers.
Article 9. Damage
1. Costs arising from damage and/or destruction caused by participants, insofar as they cannot be recovered from the perpetrator(s) themselves, will be paid by the client or participant.
2. If a participant causes nuisance to such an extent that the relationship between Way To Kite and the owners of the location and/or the supplier is seriously damaged, the participant concerned may be
excluded from participation. Any costs arising from this will be borne by the relevant participant or client.
Article 10. Guidance
1. The participants who have agreed an activity with Way To Kite are obliged to follow the instructions of the management during the entire program if these instructions are necessary to guarantee a good and safe progress of the activity.
2. We work with certified instructors and, if necessary, with other instructors selected and (internally) trained by our chief instructors.
3. If during the activity it appears that a participant has physical or psychological defects, is guilty of misconduct or otherwise causes or can cause nuisance or nuisance, the participant may be excluded from further participation. Any costs arising from this will be borne by the participant concerned.
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. Way To Kite is entitled to have the client or participant pay an advance of the total amount.
3. After the expiry of 14 days after the invoice date, the client or participant is in default; from the moment of default, the client owes an interest of 1% per month on the amount due.
4. Furthermore, the client or participant is obliged to pay extrajudicial collection costs equal to 15% of the amount claimed.
5. Variable costs, such as extra catering, extra activities, transport costs, consumptions, etc., which are consumed during all activities - unless otherwise agreed - will be charged on to the client afterwards.
6. Way To Kite asks for a deposit of 50% of the total invoice amount for company, group and school events.
7. Way To Kite is entitled to deviate from these cancellation/payment conditions.
Article 12. Cancellation
1. Cancellation must at all times be made in writing and/or by e-mail. Date of postmark and/or date of receipt of email is used for the calculation of the cancellation period.
2. If an agreement is canceled, cancellation costs are also due for each client or participant, in addition to any reservation costs owed.
3. In the event of cancellation, Way To Kite 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 incurred by Way To Kite as a result of the cancellation exceed the cancellation costs referred to in paragraph 3 of this article, the additional costs may also be charged.
5. Way To Kite reserves the right to cancel activities without Way To Kite being obliged in any way
other than any refund of invoices already paid.
Article 13 – Right of withdrawal
1. When providing services, the consumer has the option to dissolve the agreement without stating reasons during at least 14 days, commencing on the day of entering into the agreement.
2. To make use of his right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.
Article 14 – Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, the maximum costs of return will be for his account.
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 withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted.
Article 15 – Exclusion of the right of withdrawal
Exclusion of the right of withdrawal is only possible for services:
1. relating to accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
2. the delivery of which has started with the express consent of the consumer before the cooling-off period has expired;
3. regarding betting and lotteries.
Article 16. Liability Way To Kite
1. Participation in arrangements and/or activities is at the risk of the client and/or participant. Except in the case of intent or gross negligence on the part of Way To Kite, the organizer is not liable for any form of damage.
2. Way To Kite is in any case not liable for damage resulting from:
a. circumstances attributable to the participant and/or client, such as not having an inadequate health or condition, inadequate personal equipment , acting or inaction, overestimating one's own abilities or disregarding instructions;
b. consciously or unconsciously assigning a participant to the 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. acts and influences of third parties not directly involved in the execution of the agreement; circumstances that are not attributable to Way To Kite fault and which cannot reasonably be attributed to Way To Kite under Dutch law or the standards applicable in society.
3. The client and/or participant is expected to take out appropriate accident, travel and cancellation insurance. Way To Kite in any case never accepts liability for damage for which a claim is made
compensation exists, or is deemed to exist on the basis of the preceding sentence, under 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 Way To Kite, the booking office and the service providers involved, as well as their staff, unless the law excludes this.
5. In the unlikely event that an event occurs during the implementation of an arrangement that leads to liability on the part of Way To Kite, that liability will be limited to the amount or amounts to which the liability insurance taken out by Way To Kite provides entitlement.
Article 17. Liability of the client and/or participant
The participant and/or the client is liable towards Way To Kite for damage or any other disadvantage caused by the act or omission of himself, or of third parties "approved" by him.
Article 18. Applicable law
Every agreement between Way To Kite and the other party is governed by Dutch law.
Article 19. Copyright, industrial property
1. Way To Kite reserves the rights and powers to which it is entitled under the Copyright Act.
2. Industrial or intellectual property rights of programs, assignments, ideas, activities devised or realized by Way To Kite will only belong to Way To Kite without further permission.
Article 20. Additional information
1. Students are responsible for bringing water shoes with them.
2. Our no dangers = free lesson (with 3 days lesson package) guarantee applies in all reasonableness. If you are not satisfied after your kitesurfing lesson, you have 24 hours to report this in writing, including by email.
3 If you have not sailed, you can only get 1 lesson back. So if you have purchased a 3 lesson 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. Lesson packages are relatively cheaper than individual lessons. A condition of purchasing a lesson package is that payment has been made before the start of the first lesson.
4.1.1 The teaching packages are valid up to 1 year after purchase of the teaching package. This is in your online account.
4.1.2 Lesson packages are not exchangeable for money. Only against a kitesurfing lesson.
4.1.3 The lesson packages are registered. Only that person can use the kitesurfing lessons.
Article 21. Discount and promotions
Our goal is to make you an independent kitesurfer. This means that you will learn all about safety. You will learn how to assess the weather conditions, how to set up the kite, how to control the kite and how to launch again after a crash. We practice body dragging upwind and downwind, bodydrag upwind with your board in your hands (important to get to a certain point also upwind), Water start, driving in both directions and turning. With this level you can safely continue practicing yourself.
With our 5 day course we guarantee that you will kite independently. If you don't achieve this, you get free lessons until you do.