General Terms and Conditions

Article 1. Definitions

In these General Terms and Conditions, the following definitions apply:

• Activities: all programmes, events and activities organised by WingXperience.

• Client: all companies, consumers and other participants who use the services of WingXperience.

• Supplier: the person or party, other than the Client, who supplies goods, services or other pecuniary performances to WingXperience.

• Management: those registered as directors/managing directors of WingXperience with the Chamber of Commerce in Zwolle.

• Contracting Party: the Client, the Participant and the Supplier.

Article 2. Applicability of these terms

These terms apply to every offer and every agreement between WingXperience and a Contracting Party to which WingXperience has declared these terms applicable, unless the parties have expressly agreed otherwise in writing.

Article 3. Quotation / Offer

1. Based on the wishes or objectives of the Client and/or Participant, programme proposals are prepared containing: price indications, programme descriptions and a timetable; these programme proposals are sent to the customer as a quotation.

2. Prices stated in a quotation are exclusive of VAT for businesses; prices stated in a quotation are inclusive of VATfor private individuals.

Article 4. Agreement

Registrations, confirmations or reservations for an activity organised by WingXperience may be made in writing or verbally. Registration/confirmation can be made by telephone, by email or via the website. These General Terms and Conditions apply at all times to the registration, confirmation or reservation.

Article 5. Acknowledgement of risks

A Client who signs the confirmation of the agreement (or ticks/accepts it, or confirms by telephone or email) declares that they are aware of the possible difficulty level, intensity and risks of the Activities in which they participate, and that they have reported all relevant medical and/or fitness-related particulars. Each registered Participant must, in terms of health and fitness, be able to take part in the Activities without endangering themselves or others.

Article 6. Amendment of the agreement

1. WingXperience may amend the agreement and/or confirmation due to compelling circumstances, which will be communicated to the Contracting Party without delay.

2. WingXperience reserves the right to adjust the participant price in the event of interim changes to the group size. The permitted change in the number of participants without consequences for the arrangement price is 10%.

3. Changes in group size must be communicated in writing no later than 1 week before the arrangement date. The date on which WingXperience receives the cancellation/amendment notice is decisive. Changes communicated within 7 days will not be settled/credited.

4. If the Client changes an arrangement date, WingXperience reserves the right to charge amendment costs of 5% of the price, with a minimum of €50.00 excluding VAT.

Article 7. Authorisations

1. Only the Management of WingXperience—either personally or by written authorisation granted to one of WingXperience’s employees—is authorised to include provisions in an agreement that deviate from these General Terms and Conditions.

2. Any person acting on behalf of the Contracting Party is presumed to be authorised to do so by the Contracting Party.

3. By confirming an activity with WingXperience, it is assumed that the board of the participating company, association or institution and the contact person agree to these General Terms and Conditions as described here.

Article 8. Joint and several liability

The person booking the activity on behalf of other participants is jointly and severally liable for all other persons they register.

Article 9. Damage

1. Costs arising from damage and/or destruction caused by participants will be paid by the Client and/or Participant, insofar as such costs cannot be recovered from the perpetrator(s) themselves.

2. If a Participant causes nuisance to such an extent that the relationship between WingXperience and the owners of the location and/or the Supplier is seriously harmed, the Participant concerned may be excluded from participation. Any resulting costs will be borne by the Participant or Client concerned.

Repair costs – wing

• Hole or tear from 0 to 10 cm: €45

• Hole or tear from 10 to 50 cm: €70

• Hole or tear from 50 to 100 cm: €95

• Leak in leading edge or strut: €75

Repair costs – board

• Hole or tear in board: €75

• Fin lost or broken: €50

Article 10. Supervision

1. Participants who have agreed an activity with WingXperience are obliged, throughout the entire programme, to follow the instructions of the supervisors where these instructions are necessary to ensure the proper and safe progress of the activity.

2. We work with experienced instructors and, where necessary, with additional instructors selected by our head instructors and trained (internally).

3. If during an activity it becomes apparent that a Participant has physical or psychological limitations, is guilty of misconduct, or otherwise causes or may cause nuisance or disturbance, the Participant may be excluded from further participation. Any resulting costs 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 agreed otherwise.

2. WingXperience is entitled to require the Client and/or Participant to pay an advance payment of the total amount.

3. After the expiry of 14 days after the invoice date, the Client and/or Participant is in default; from the moment of default, the Client owes interest of 1% per month on the amount due.

4. In addition, the Client and/or Participant is obliged to reimburse extrajudicial collection costs equal to 15% of the amount claimed.

5. Variable costs, such as additional catering, extra activities, transport costs, refreshments and the like consumed during all activities will—unless agreed otherwise—be charged to the Client afterwards.

6. For corporate, group and school events, WingXperience requires a deposit of 50% of the total invoice amount.

7. WingXperience is entitled to deviate from these cancellation/payment conditions.

Article 12. Cancellation of surf lessons

1. Cancellation must at all times be made in writing and/or by email. The postmark date and/or the email receipt date is used to calculate the cancellation period.
   1.1 Booked surf lessons are valid for 12 months; during these twelve months there is flexibility to schedule the lessons. If this is not possible within these 12 months, you may submit a written request to extend the validity of the lessons.

2. If an agreement is cancelled, cancellation costs are due for each Client and/or Participant, in addition to any reservation costs that may be payable. For cancellations, we charge a standard €25 reservation and cancellation fee.

3. In case of cancellation, WingXperience will charge the following costs:
   a. 23 to 14 days before the start: 50% of the arrangement price;
   b. within 7 days (inclusive) before the start: 75% of the arrangement price;
   c. within 2 days (inclusive) before the start or later: 100% of the arrangement price.
   This also applies if a Participant does not show up without cancelling.

4. If WingXperience’s actual costs as a result of the cancellation exceed the cancellation costs referred to in paragraph 3 of this article, the additional costs may likewise be charged.

5. WingXperience reserves the right to cancel activities without being obliged to do anything other than possibly refund invoices already paid.

Article 13. Cancellation of surf trips

1. Cancellation must at all times be made in writing and/or by email. The postmark date and/or the email receipt date is used to calculate the cancellation period.

2. If an agreement is cancelled, cancellation costs are due for each Client and/or Participant, in addition to any reservation costs that may be payable.

3. In case of cancellation, WingXperience will charge the following costs:
   a. up to 56 days before the day of departure: the deposit
   b. from 56 days (inclusive) up to 223 days before the day of departure: 60% of the price;
   c. from 223 days (inclusive) up to 14 days before the day of departure: 80% of the price;
   d. from 14 days (inclusive) before the day of departure: 100% of the price.
   This also applies if a Participant does not show up without cancelling.

4. If WingXperience’s actual costs as a result of the cancellation exceed the cancellation costs referred to in paragraph 3 of this article, the additional costs may likewise be charged.

5. WingXperience reserves the right to cancel activities without being obliged to do anything other than possibly refund invoices already paid.

Article 14 – Right of withdrawal

In the provision of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, starting on the day the agreement is concluded. To exercise the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest upon delivery.

Article 15 – Costs in case of withdrawal

1. If the consumer exercises the right of withdrawal, at most the costs of return shipment will be for their 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 webshop operator or that conclusive proof of full return shipment can be provided.

Article 16 – Exclusion of the right of withdrawal

Exclusion of the right of withdrawal is only possible for services:

• relating to accommodation, transport, restaurant services or leisure activities to be performed on a specific date or during a specific period;

• the provision of which has begun with the consumer’s express consent before the cooling-off period has expired;

• relating to bets and lotteries.

Article 17. Liability of WingXperience

1. Participation in arrangements and/or activities is at the risk of the Client and/or Participant. Except in the event of intent or gross negligence by WingXperience, the organiser is not liable for any form of damage.

2. WingXperience is in any event not liable for damage resulting from:
   a. circumstances attributable to the Participant and/or Client, such as not having adequate health or fitness, inadequate personal equipment, incorrect actions or omissions, overestimating one’s abilities, or ignoring instructions;
   b. knowingly or unknowingly being placed in an incorrect category and/or if the Participant fails to comply with one or more safety regulations and/or if their fitness was insufficient to practise the relevant activity;
   c. actions and influences of third parties not directly involved in the performance of the agreement; circumstances not due to the fault of WingXperience and which, under Dutch law or according to standards accepted in society, cannot reasonably be attributed to WingXperience.

3. The Client and/or Participant is deemed to take out appropriate accident, travel and cancellation insurance. WingXperience never accepts liability for damage for which compensation can be claimed (or is deemed to be claimable) under a travel, accident and/or cancellation insurance policy.

4. The exclusions and/or limitations of liability included in this article also apply for the benefit of employees and other representatives of WingXperience, the booking office and involved service providers, as well as their staff, unless excluded by law.

5. If, during the performance of an arrangement, an event unexpectedly occurs that leads to liability of WingXperience, such liability will be limited to the amount(s) covered by the liability insurance taken out by WingXperience.

Article 18. Liability of the Client and/or Participant

The Participant and/or Client is liable towards WingXperience for damage or any other loss caused by their own acts or omissions, or by third parties “permitted” by them.

Article 19. Applicable law

Dutch law applies to every agreement between WingXperience and the Contracting Party.

Article 20. Copyright, industrial property

1. WingXperience reserves the rights and powers to which it is entitled under the Copyright Act.

2. Industrial or intellectual property rights in programmes, assignments, ideas and activities conceived or created by WingXperience shall, without further permission, belong exclusively to WingXperience.

Article 21. Additional information

1. Students/trainees are responsible for bringing water shoes themselves.

2. It is mandatory to wear underwear, swim shorts or a bikini under suits rented from WingXperience for hygiene reasons.

3. Lesson packages are relatively cheaper than individual lessons. A condition for purchasing a lesson package is that payment is made before the start of the first lesson.
   3.1.1 The lesson packages are valid until 1 year after purchase. This is shown in your online account.
   3.1.2 Lesson packages cannot be exchanged for money, only for a wingfoil surf lesson.
   4.1.3 Lesson packages are personal and issued in a name. Only that person may use the wingfoil surf lessons.

Article 22. Discount promotions

1. Courses with spring discount can only be used in April and May of the current season.

2. The above conditions also apply if you were unable to complete the lessons in April and May due to unsuitable weather conditions.

3. Special offers cannot be combined with one another.

4. Gift cards obtained by purchasing a surf set from partners (Van den Berg surf & Telstar) are personal.

Article 23. Rental and use of equipment

The Company will make the rented items available to the Client and/or Participant at the agreed time and place after receipt of full payment.
23.2 The Client and Participant are responsible for the rented items. The Client and Participant shall use the rented items only in a manner intended by their nature and the Agreement. The Client and Participant may not make changes to the rented items, nor allow third parties to use the rented items or grant third parties access, without the Company’s consent.
The Client and Participant must report any defects upon receipt of the rented items to the representative. If no report is made, the rented items are deemed to have been in order at the start.
If the rented items show defects as a result of which the Service cannot be continued, cannot be continued safely or cannot be continued properly, this must be reported immediately to the Company. The Company will endeavour to repair the defect as soon as possible or replace the rented items. If repair or replacement is reasonably not possible, the Company will refund the price pro rata to the extent of the lost rental enjoyment.
New damage or defects must be reported by the Participant and/or Client as soon as possible, but no later than when returning the rented items to the Company.
Repairs by external parties require the Company’s prior consent.
Equipment rented from the Company can only be returned to the Company. Equipment is issued on the day of arrival and taken back on the day of departure. At the end of the Agreement, the Client and Participant shall hand over the rented items to a representative at the pre-agreed place and time in the same condition as received and as clean as possible. If the rented items are not returned sufficiently clean, the Company may charge reasonable cleaning costs. If the rented items are left behind without being handed over to a representative, the Client and Participant remain responsible for loss, damage or theft of the rented items.
Theft, loss and damage must be reported to the Company immediately. The Client and Participant are jointly and severally liable for loss or theft of the rented items, for damage to the rented items, or for damage caused by or with the rented items. In the event of loss, theft or irreparable damage, the local retail store value is payable. The following scale applies:

• equipment from the current season: 100%

• 1 season old: 80%

• 2 seasons old: 60%

• 3 or more seasons old: 40% of the retail store value.
  For minor damage, repair costs are due, among other things.

Repair costs – wing

• Hole or tear from 0 to 10 cm: €45

• Hole or tear from 10 to 50 cm: €70

• Hole or tear from 50 to 100 cm: €95

Repair costs – board

• Hole or tear in board: €75

• Fin lost or broken: €50

For minor damage, repair costs are due, among other things. The Company is entitled to charge the Client and/or Participant for costs for cleaning, search efforts, transport and recovery of the rented items, repairs, replacement, reports of loss, etc. The Client and Participant are responsible for taking out (travel) insurance that covers damage in connection with the equipment.
If the Client or Participant has not returned the rented items before or immediately after the end of the agreed rental period, the Company is entitled to charge the regular fee for the additional commenced rental period and a surcharge of 50% of the total rental price. If, due to the overrun of the rental period, the Company must also offer other customers an alternative programme and/or compensation or loses rental income, that damage will be charged additionally.

Article 24. Photos and videos

The Client agrees that (1) photo and video recordings may be made of the Client(s) and/or Participants during the activities/arrangements, and (2) that these may be used by WingXperience and its partners for promotional purposes. If the Client does not want this, this must be explicitly stated in advance by email to info@wingxperience.com.