General terms & conditions

General terms and conditions for surf lessons/rentals

ARTICLE 1 – DEFINITIONS

Surfcenter: Surfcenter IJburg, as a professional provider of, among other things: water sports lessons, the provision of equipment for water sports activities, or the provision of indoor or outdoor spaces. Located at Pampuslaan 517 in Amsterdam. Registered with the Chamber of Commerce under trade number: 70873658.
Course: Any form of consecutive lessons in a group setting.
Private Lesson: Any form of surfing under private supervision, including lessons with more than one participant, where the group composition is determined by the participants themselves.
Participant: Any natural person who is not acting in the exercise of a profession or business and enters into an agreement with Surfcenter regarding any form of supervised water sports activity, including, in particular, any participant in a Course or Private Lesson. This also includes the legal representative of a minor Participant.
Rental: Any form of independent water sports practice, where equipment is provided by Surfcenter, including equipment for windsurfing, wing-foiling, and stand-up paddleboarding (SUP).
Renter: Any natural person who is not acting in the exercise of a profession or business and enters into an agreement with Surfcenter regarding any form of Rental. This also includes anyone who uses the equipment and goods that the renter leases from the lessor.
Consumer: Any renter and/or participant.
Customer: Anyone who purchases a service from Surfcenter, other than rental, course, or private lessons.
Visitors: Anyone who is present at the Surfcenter premises and uses facilities or other services, without being a renter or participant.
Agreement: Any agreement between Surfcenter and a Consumer, where Surfcenter commits to providing, against payment, a Course, Private Lesson, Rental, or any form of service within the Surfcenter business to the Consumer or an agreed third party.
Electronic: Via email or website.
Website: surfcenterijburg.nl
Multi-Rental Punch-card: Electronic voucher worth 10 hours of rentals that can be purchased both via the Website and on location. Redeemable in increments of 30 minutes.

ARTICLE 2 – APPLICABILITY
1. These terms and conditions apply to service agreements entered into between the Participant and/or Renter and Surfcenter.
2. In specific cases, deviations from these terms and conditions are possible, including additions or extensions. Any deviation from these terms and conditions must be recorded in writing or electronically.
3. If and insofar as an agreement contains provisions that deviate from these terms and conditions without explicitly excluding their applicability, the remaining provisions of these terms and conditions shall remain fully in force.
4. Anyone who signs a reservation or confirmation form on behalf of another person must inform those for whom they have made the reservation of these general terms and conditions, including the risks associated with participating in activities organized by Surfcenter.
5. These terms and conditions may have been translated from Dutch into another language. In the event of any discrepancies resulting from the translation, the Dutch text shall prevail.

ARTICLE 3 – THE AGREEMENT – RESERVATIONS AND CONFIRMATION
1. Surfcenter presents the offer orally, in writing, or electronically.
2. An oral offer must be accepted immediately; otherwise, it expires unless a deadline for acceptance is provided at the same time.
3. The offer is accompanied by a copy of these General Terms and Conditions.
4. The agreement is established upon acceptance of the offer by the Participant and/or Renter. In the case of an electronic order, Surfcenter will send an electronic confirmation to the Participant and/or Renter.
5. The Agreement should preferably be recorded in writing or electronically.
6. A copy of the written agreement must be provided to the Participant and/or Renter.
7. For the conclusion of an agreement between Surfcenter and a minor Participant and/or Renter, the consent of a legal representative is required. This consent is presumed to have been given if the specific circumstances do not give reason to doubt its absence.

ARTICLE 4 – PRICE AND PRICE CHANGES
1. The prices for the offered services, including Rental, Courses, and Private Lessons, are displayed on the Surfcenter website.
2. The prices are listed in euros. Payment must also be made in euros.
3. Once the agreement has been concluded, the agreed price cannot be changed.
4. Surfcenter reserves the right to adjust the prices displayed on the website at any time for agreements that have not yet been concluded. No rights can be derived from the prices displayed before the conclusion of the Agreement.
5. For personalized services, the price will be agreed upon in writing in advance by the Customer and Surfcenter.

ARTICLE 5 – PAYMENT TERMS
1. Courses and Private Lessons booked via the Website must be paid for immediately via the Website by the Participant.
2. Rental must be paid immediately after the rental period on location. The final price is based on the actual rental period.
3. Payment for Rental must be made in euros or via a Multi-lesson Pass.
4. Agreements, excluding rentals, concluded in a way other than via the website must be paid within 24 hours to Surfcenter’s account. After 24 hours, the time slot is no longer reserved.
5. Other payment arrangements can be made in writing, with a down payment of at least 25% of the course fee.
6. Any Consumer and/or Customer who does not pay on time is in default by operation of law, without the need for further notice. Surfcenter is then entitled to cancel the booking or demand full compliance.
7. Surfcenter is also entitled to claim additional compensation for any costs incurred in connection with the agreement.

ARTICLE 6 – RIGHT OF WITHDRAWAL AND CANCELLATION
1. The following conditions apply to cancellation by Participant of the entire Course:
a. Cancellation in writing or electronically is free of charge within 48 hours after booking, in which case the full course fee will be refunded within 5 working days
b. Cancellation up to 48 hours before the start of the first lesson within the Course is possible, in which case €50 will be charged. The paid course fee will be reduced by €50 and refunded within 5 working days
c. In the event of cancellation within 48 hours before the start of the first lesson, the full course fee will be charged
2. If a Student misses one lesson from the course series, it is possible to catch up on this lesson if they cancel in time. In this case, 2 hours before the start of the lesson is considered timely. Surfcenter and Participant will agree on a catch-up moment together. 3. Surfcenter reserves the right not to offer a replacement for the 2nd or more subsequent lessons and/or to refund the course fee if the lesson is missed due to circumstances within the participant's sphere of risk
4. A Course requires a minimum of 4 participants. With fewer than 4 participants, Surfcenter reserves the right to cancel the course. Participants will be informed 48 hours before the start of the course about any cancellation of the Course series
a. In the event of cancellation of a complete Course due to a lack of participants, the reservation will be rebooked in consultation with the Participant or the paid course fee will be refunded.
5. Surfcenter reserves the right to cancel a single lesson in the Course due to force majeure. This includes in any case the absence of the instructor or weather conditions. Surfcenter will in all cases make every effort to continue the lesson. If a lesson is cancelled, it will be made up at another time, in consultation with the Participant.

ARTICLE 7 - RIGHTS AND OBLIGATIONS OF SURFCENTER
1. Surfcenter will provide (or have provided) professional instruction to the Participant.
2. Surfcenter guarantees that the accommodation offered is sound and safe.
3. Surfcenter guarantees that every vessel of the surf school that is used for the Course, Private Lesson and/or rental is in good condition and that it can be used for its intended purpose and is equipped with proper safety equipment for the agreed sailing area.
4. Surfcenter has the right to change the instruction on board the vessel to instruction on shore if the weather conditions in combination with the level of knowledge of the students make this necessary.

ARTICLE 8 - RIGHTS AND OBLIGATIONS OF THE PARTICIPANT
1. If, for the purpose of his own instruction, a vessel of the Consumer is used, the consumer is obliged to ensure that the vessel is insured against legal liability, hull damage and theft for sailing in the agreed sailing area, unless explicitly agreed otherwise
2. Each Participant is obliged to have sufficient swimming skills
3. Included in the Course is all the necessary windsurfing equipment, as well as a wetsuit.

4. During the entire course, the Participant has the right to use the available changing facilities and sanitary facilities that allow the Participant to change and prepare for sports and to end sports activities. Participant undertakes to handle the facilities made available by Surfcenter with care
5. Damage caused to the material made available in the context of the Course must be compensated by the Participant if the damage is the result of gross intent or negligence, whereby the instructions of the Instructor are not followed.

ARTICLE 9 - RIGHTS AND OBLIGATIONS OF THE RENTER
1. Renter must have sufficient surfing experience to be on the water independently and safely. In case of doubt about surfing experience, Surfcenter reserves the right to request proof of experience.
2. Renter is obliged to have sufficient swimming skills.
3. Rental of material includes, in addition to a wetsuit:
a. Windsurfing: [Fill in]
b. SUP: [Fill in]
c. Wing-foiling: [Fill in]
4. During the entire course, the Renter has the right to use the available changing facilities and sanitary facilities that allow the Renter to change and prepare for the sport and to end the sport. The Renter undertakes to handle the facilities made available by Surfcenter with care.
5. Damage caused to the material made available in the context of the Rental must be compensated by the Renter.
6. Subletting to third parties by the Renter is not permitted.
7. Rental of parts of material is possible. Specific agreements will be made about this between Surfcenter and the Lessor at the time of concluding the agreement with regard to the charged price.

ARTICLE 10 - LIABILITY
1. The Consumer must have third-party insurance. If the Consumer does not have this, this is at the Consumer's risk.
2. Surfcenter is not liable for accidents. The Lessor is also not liable for any damage caused by an accident. 3. Surfcenter is not liable for damage, loss or theft of personal belongings. Nor for items left behind by the Consumer in the facilities made available, also if the items are placed in safekeeping by the Consumer with Surfcenter or one of the employees of Surfcenter.
4. Damages caused by Surfcenter by the Consumer must be paid immediately by the Consumer. If damage is later reimbursed by the insurer, the amount paid by the tenant will be immediately refunded by the lessor to the tenant's account. This without interest.

ARTICLE 11 – COMPLAINTS
1. Complaints about the performance of the agreement must be brought to the attention of the entrepreneur in writing or electronically and properly described and explained, within a reasonable time after the consumer has discovered or could have discovered the imperfection.
2. Failure to submit the complaint on time may result in the consumer losing his rights in this regard, unless the exceeding of the term cannot reasonably be held against the consumer.
3. Surfcenter undertakes - within the limits of reasonableness - to make an effort to handle the complaints and to arrive at an appropriate solution. An appropriate solution depends on the specific circumstances of the case.

ARTICLE 12 - TERMINATION OF AGREEMENT
1. Without prejudice to the right to demand performance, an attributable failure to perform one of their obligations gives either party the authority to terminate the agreement without judicial intervention. 2. In the event of termination of the agreement as a result of a material breach of contract or attributable shortcoming, compensation for any damage and payment of all claims, including those not immediately due, can be claimed.

ARTICLE 13 - MARKETING
Surfcenter employees are entitled to make sound and/or image recordings on the Surfcenter premises, including Participants, Renters and/or Visitors. These sound and/or image recordings can be used by Surfcenter for marketing purposes. The Participant, Renter and/or Visitor of Surfcenter expressly agrees to this. Objections to the use of sound and/or image recordings in which the Participant, Renter and/or Visitor of Surfcenter is recognizable must be made expressly and unambiguously known to an employee of Surfcenter

ARTICLE 14 - CHOICE OF LAW
All disputes relating to this agreement are governed by Dutch law, unless mandatory rules stipulate that another national law applies.