General terms and conditions

GENERAL CONDITIONS

Article 1 – Definitions

1. In these General Terms and Conditions, the following terms are understood:

a. Activity: any activity offered by BeachBreak, including but not limited to the use of all facilities (whether in subscription form or not), kite surfing, surfing, powerkiting, SUPing and all other activities of BeachBreak;

b. Cancellation: the notification given by the Customer to BeachBreak that an Activity will not be used in whole or in part, or the notification given by BeachBreak to the Customer that an Activity will not be carried out in whole or in part;

c. Arrangement: an Agreement with the effect that the Customer purchases a combination of various Activities to be performed in a group against a predetermined price;

d. Luggage: clothing and other items that have been stored during the stay

a locker from BeachBreak;

e. Gift Card: a voucher issued by BeachBreak that can be used to pay for an Activity up to the value stated there;

f. Complex: the land, the spaces, the buildings and installations that are in use or under management at BeachBreak;

g. BeachBreak: Tofino vof at (2202 RL) Noordwijk at the address Daniel Noten-boomstraat 22, registered in the Commercial Register of the Chamber of Commerce under number 74411107.

h. House rules: the content of the house rules included in these Terms;

i. Customer: any visitor to BeachBreak, purchaser of an Activity of BeachBreak and/or the natural person or legal entity who otherwise enters into an Agreement with BeachBreak;

j. Discount voucher: a voucher issued by BeachBreak that entitles you to a discount on the price of an Activity;

k. Material: the material required to participate in the activity, including (protective) clothing, wetsuit, helmet, impact vest, buoyancy vest and the like;

l. Offer: a proposal made by BeachBreak to the Customer for the conclusion of an Agreement;

m. Accident: a sudden and direct effect of external violence, resulting in bodily injury that can be medically determined. In no case is any form of hernia considered an accident;

n. Agreement: an agreement concluded between BeachBreak and the Customer on the basis of which BeachBreak provides an Activity;

o. Activity location: the area located directly in front of and on both sides of the pavilion for the implementation of activities;

p. Sports equipment: clothing and sports equipment (whether rented or not) that the insured wears on their body while practicing an Activity at BeachBreak;

q. Conditions: the present general terms and conditions of BeachBreak;

r. Voucher: a voucher issued by a third party, other than BeachBreak, that can be used to pay for an Activity up to the value specified therein;

s. Free Ticket: a voucher issued by BeachBreak that entitles the holder to the Activity described therein.

Article 2 – Conclusion of Agreement, applicability of Terms

1. The Agreement comes into effect the moment the Customer accepts an offer from BeachBreak, or, if that is not explicitly done, the moment the Customer participates in an Activity.

2. Any additional agreements, modifications and/or oral commitments made later by BeachBreak shall only bind BeachBreak if and for as long as

to the extent that BeachBreak has confirmed in writing.

3. As long as an Offer has not led to a Contract, BeachBreak is free to withdraw or modify the Offer.

4. These Terms apply to any Agreement entered into with BeachBreak, any Quotation and/or other offer from BeachBreak.

5. The applicability of these Terms and Conditions is accepted by the Customer by entering into a Contract, by entering the Pavilion and surrounding activities location and/or by participating in an Activity.

6. These Terms are available for inspection at BeachBreak. These Terms are also published on www.beach-break.nl and can be viewed there, and will be provided or sent free of charge upon request from the Customer.

7. The applicability of any (general) terms and conditions of the Customer is expressly excluded.

8. Deviations from these Terms and Conditions are only valid if they have been expressly agreed in writing.

Article 3 – Price and payment terms

1. All rates charged by BeachBreak are inclusive of VAT, unless otherwise stated.

2. All rates charged by BeachBreak apply per person and include the cost of using the Equipment, unless otherwise stated.

3. Unless otherwise agreed, the price of an Activity must be paid in advance at the BeachBreak cash desk.

4. BeachBreak is entitled to require the Client to pay a deposit of 75% of the agreed price in advance.

5. Discount and promotional offers cannot be combined.

6. An Arrangement cannot be paid for with a Gift Card, Discount Voucher, Voucher Code or Free Ticket.

7. If a reduced rate has been agreed upon for an Arrangement, BeachBreak may impose conditions on the applicability of that rate, including a minimum number of Customers participating in the Arrangement. If these conditions are not met when purchasing the Arrangement, the normal rates will apply.

8. If a reduced rate has been agreed for an Arrangement, the agreed price must be paid in full in advance to all Customers. If the participating Customers wish to pay individually, the normal rate applies.

Article 4 – Gift Card, Discount Voucher, Voucher and Free Ticket

1. Gift Cards, Discount Coupons, Vouchers and Free Tickets can only be used at BeachBreak.

2. Discount vouchers, vouchers and free tickets cannot be exchanged for cash and must be used in one go. The remaining value of a discount voucher, voucher or free ticket that may remain after exchange is not refunded by BeachBreak and will expire. A Gift Card may be used multiple times up to the value of the Gift Card remaining.

3. The validity of a Gift Card, Discount Voucher, Voucher and Value Voucher expires after the date or period stated thereon, or if there is no such date or period at all, at least one year after the date of purchase.

cancel the gift card, discount coupon, voucher or free ticket.

4. The assessment of the validity of a Voucher issued by a third party is not in BeachBreak’s hands. BeachBreak does not guarantee the validity thereof.

5. It is not permitted to multiply, edit and/or modify a Gift Card, Discount voucher, Voucher or Free Ticket in any way. In such a case, BeachBreak is entitled to declare the relevant voucher/card invalid and take it back.

Article 5 – Cancellation and amendment of a Contract

1. In the event of cancellation by the Customer, the Customer is liable to BeachBreak for the following fee:

a. in the event of cancellation more than fourteen days before the agreed date on which the Activity was to be undertaken: no fee;

b. in the event of cancellation between fourteen and seven days before the agreed date on which the Activity would be undertaken: 25% of the agreed price;

c. in the event of cancellation between seven and five days before the agreed date

on which the activity would be undertaken: 75% of the agreed price;

d. in the event of cancellation less than five days before the agreed date on which the Activity was to be undertaken: 100% of the agreed price.

2. In the event of cancellation of an Arrangement that includes catering services, the price of the catering services referred to in paragraph 1 will be deducted from the price stated above, unless BeachBreak has already made purchases for these catering services or incurred other costs that it cannot incur or compensate for on the day on which the Activities were originally scheduled to take place.

3. To the extent permitted by BeachBreak’s capacity, the Customer may, up to one day before the scheduled Activity, increase the number of participants of the Activities, for a fee corresponding to the corresponding price. After the aforementioned deadline, BeachBreak is entitled to charge additional costs in such a case.

4. BeachBreak is entitled to unilaterally change an agreed Activity. To the extent that the change is not

Since it is essentially of a non-contractual nature, the Customer is not entitled to an adjustment of the price.

5. BeachBreak is entitled to cancel a Contract. The Customer is then released from their payment obligation and receives a refund of any deposit already paid. BeachBreak is not liable for any (consequent) damage to the Customer resulting from this cancellation.

6. BeachBreak is entitled to change the opening hours of the pavilion, without this leading to the right to adjustment and/or refund of entrance, subscription and/or membership fees.

Article 6 – Obligations of the Customer

1. Before starting an Activity, the Client must ensure that they possess the physical fitness required for it. Any doubts about this should be communicated to BeachBreak in advance.

2. If, in BeachBreak’s reasonable judgment, the Client does not possess the required physical characteristics, such as body length, body weight, and/or the skills to participate in an Activity, BeachBreak

Entitled to exclude the Customer from participation.

3. If a time has been agreed upon between BeachBreak and the Customer for the start of the Activity, the Customer must, unless otherwise agreed, report to the BeachBreak desk at least thirty minutes before that time. If the Customer fails to comply with this, BeachBreak is entitled to prevent the Activity from taking place, without this relieving the Customer of its payment obligation.

4. The Customer must act in accordance with the BeachBreak House Rules and at all times follow the instructions of the BeachBreak staff. If the Customer does not comply with these, BeachBreak is entitled to exclude the Customer from participation and remove the Customer from the pavilion and from the activity location.

5. If the Customer notices a breach in the performance of the Agreement, they must immediately report it to the BeachBreak staff in order to enable BeachBreak to resolve the complaint on-site. If the Customer fails to comply with this, this will result in the forfeiture of the rights that the law imposes on a breach.

6. Participants in the surf camp must inform the camp in advance of any allergies, dietary requirements or other special needs.

Article 7 – Horeca

1. All catering services provided by BeachBreak are subject to the Uniform Conditions for Catering (hereinafter: ‘UVH’) in effect from time to time, insofar as they have not been expressly deviated from in these Terms and Conditions.

2. The UVH are published on www.khn.nl and can be downloaded there. The UVH have been filed with the Chamber of Commerce in Woerden and registered there under number 40482082.

Article 8 – Liability

1. Access to the pavilion and the activity location, as well as participation in an Activity, is at the customer’s own risk. The customer must take adequate insurance to cover this risk.

2. BeachBreak’s liability for indirect or consequential damage, including but not limited to business losses and loss of profits, is excluded.

3. BeachBreak is not liable for any damage to the Customer that results from actions or omissions in breach of the Agreement and/or the House Rules and/or instructions from the staff of BeachBreak and/or the misuse of Material and/or the instructions and guidance provided for that purpose.

4. BeachBreak is not liable for loss or theft of any property that may have been left in the custody of the Customer.

5. BeachBreak is not liable for damage caused by water that has accumulated or moisture damage to the Customer's property.

6. Without prejudice to the foregoing, the liability of BeachBreak, in any event, except in cases of intent or wilful recklessness on the part of BeachBreak, shall be limited to the amount covered in the event in question by BeachBreak’s liability insurance or, if there is no coverage under a liability insurance, to the price associated with the Agreement.

7. The aforementioned exclusions and limitations of liability also apply to the staff of BeachBreak and any third parties engaged by BeachBreak.

8. Any damages paid by or on behalf of BeachBreak shall take the place of the right to demand compliance.

9. If the Customer causes damage to BeachBreak, its staff, other Customers and/or third parties through actions or omissions contrary to the Agreement and/or the House Rules and/or the instructions of the staff of BeachBreak and/or the misuse of Materials and/or the instructions and instructions provided for that purpose, the Customer shall be liable for that damage.

10. If the Customer damages Material or other property of BeachBreak and/or does not deliver it in a timely manner, she shall be liable for the damage that BeachBreak thereby suffers.

Article 9 – Force majeure

1. In the event of force majeure, BeachBreak is entitled to suspend its obligations under the Agreement without being liable for any (re)payment and/or compensation to the Client. In that case, the agreed Activity will be moved to a time when BeachBreak is again able to fulfill its obligations in consultation with the Client.

2. If the force majeure situation persists for more than fourteen days, both parties have the right to terminate the Agreement. In such a case, BeachBreak shall not be liable to the Customer for any damage that may be caused as a result. The already paid (partial) amount will be converted by BeachBreak into a Discount Voucher or Value Voucher of equal value, which voucher must be used within six months from the date on which BeachBreak is actually able to offer the Activity again.

3. If the Agreement concerns a

Activity offered under (whether or not ongoing) subscription or annual pass will, in the event of a force majeure situation, be extended for free for the duration of that period, with a period equal to the period during which the force majeure situation lasted. In such a case, BeachBreak shall not be liable to the Customer for any damage that may be caused as a result.

4. Force majeure is understood to mean circumstances that prevent BeachBreak from fulfilling its obligations and that are not attributable to BeachBreak. This includes (if and insofar as these circumstances make compliance impossible or render it unreasonably difficult): an epidemic and/or pandemic (such as the Coronavirus) and/or government measures related to it, war, danger of war, civil war, riot, harassment, fire, water damage, flooding, work stoppage, company occupation, exclusion, obstacles to entry and exit, government measures, defects in machinery, disruptions in the supply of energy, all within BeachBreak and with third parties to whom BeachBreak must wholly or partially source the necessary materials or raw materials, as well as during storage or during transport, whether in-house or outsourced.

Article 10 – Privacy

1. In connection with the execution of the Agreement, BeachBreak processes personal data relating to the Customer. BeachBreak processes, manages, and safeguards personal data as the controller with the utmost care. It complies with the requirements set out in the General Data Protection Regulation (GDPR) and national legislation in this regard. More information about this can be found in the privacy statement on the BeachBreak website.

Article 11 – Final provisions

1. If any provision of these Terms is invalid or void, the remaining provisions of these Terms will remain in full force and effect and BeachBreak and the Customer will enter into negotiations to agree on new provisions to replace the invalid or voided provision, taking into account as much as possible the purpose and intent of the invalid or voided provision.

2. The legal relationship between BeachBreak and the Customer shall be governed solely by Dutch law.

3. Unless the law provides otherwise, all disputes arising from the legal relationship between BeachBreak and the Customer shall be resolved exclusively by the competent court of the court in The Hague.