General conditions

GENERAL TERMS AND CONDITIONS WINGFOIL IJSSELDELTA

These are the general terms and conditions of Mint Projects, also trading under the name WINGFOIL IJSSELDELTA. These general terms and conditions can also be viewed at www.wingfoilIJsseldelta.nl.

Article 1. Definitions

In these general terms and conditions, the following definitions shall apply:

Activities: all programs, events and activities organized by Mint Projects.
Client: all businesses, consumers and other participants using Mint Projects' services.
Supplier: the person, not being a client, who delivers goods, services, or other performances worth money to Mint Projects.
Management: she who is registered as Mint Projects at the Amsterdam Chamber of Commerce.
Counterparty: both client, participant and supplier.

Article 2. Applicability of these terms and conditions

These terms and conditions shall apply to every offer and every agreement between Mint Projects and a counterparty to which Mint Projects has declared these terms and conditions applicable, insofar as these terms and conditions have not been expressly deviated from by the parties.

Article 3. Quotation

Based on the wishes or objectives of the client or participant, program proposals are made, containing: price indications, program descriptions and a time schedule; these program proposals are sent to the client as an offer.
Prices stated in an offer are exclusive of VAT unless otherwise indicated.

Article 4. Agreement

Registrations, confirmations or reservations for an activity organized by Mint Projects shall be made in writing or orally. One can register or confirm an activity by telephone, e-mail or via the website. At all times, these general conditions apply to the application, confirmation or reservation.

Article 5. Consideration of risks.

A client who has signed (or checked, or confirmed by phone or e-mail) the confirmation of the agreement declares to have taken note of the possible difficulty, severity and risks of the activities in which will be participated, as well as to have reported all relevant medical and/or conditional particularities. And each registered participant must be able to participate in the activities in terms of health and fitness without endangering themselves or others.

Article 6. Modification of the agreement

Mint Projects may amend the agreement or confirmation due to weighty circumstances communicated immediately to the other party.
Mint Projects reserves the right to adjust the participant price in case of interim changes in group size. The allowable change in participant number, without consequence for the package price, is 10%.
Changes in group size must be notified in writing no later than 1 week before arrangement date. Decisive is the date on which Mint Projects receives the cancellation notice. Changes communicated within 7 days will not be charged.
Mint Projects reserves the right to charge modification costs of 5% of the price with a minimum of € 50,00 excluding VAT.

Article 7. Proxies

Only Mint Projects' management - either personally or by written authorization to one of Mint Projects' employees - is authorized to include clauses in an agreement that deviate from these general terms and conditions. 2. The person acting on behalf of the other party shall be deemed to be authorized to do so by the other party.
Upon confirmation of an activity at Mint Projects, it is assumed that the board of the participating company, association or institution and the contact person agree to the 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 he books.

Article 9. Damages

Costs resulting from damage and/or destruction caused by participants will be paid by the client or participant, insofar as they cannot be recovered from the perpetrator(s) themselves.

Failure to comply with efoil battery handling instructions will result in a €100 fine for each violation.

If a participant causes a nuisance, such that the relationship between Mint Projects and the owners of the location and/or the supplier is seriously damaged, the participant in question may be excluded from participation. Any resulting costs shall be borne by the participant or client in question.

Article 10. Guidance

Participants who have agreed to an activity with Mint Projects are required to follow the directions of the leader throughout the program when such directions are necessary to ensure the proper and safe progress of the activity.
We work with experienced instructors and if necessary with other instructors selected and (internally) trained by our head instructors.
If, during the activity, a participant is found to be physically or mentally defective, guilty of misconduct or otherwise a nuisance, the participant may be excluded from further participation. Any resulting costs will be borne by the participant in question.

Article 11. Payment, interest and collection costs

Payments shall be made no later than 14 days from the date of invoice unless otherwise agreed.
Mint Projects is entitled to have the client or participant pay an advance of the total amount.
After the expiration of 14 days from the invoice date, the client or participant shall be in default; the client shall owe interest of 1% per month on the amount due from the moment of default.
Furthermore, the client or participant is liable to pay extrajudicial collection costs equal to 15% of the amount claimed.
Variable costs such as extra catering, extra activities, transport costs, refreshments, etc. consumed during all activities will be charged to the client afterwards, unless otherwise agreed.
Mint Projects requires a 50% deposit of the total invoice amount for corporate, group and school events.
Mint Projects is entitled to deviate from these cancellation/payment terms.

Article 12. Cancellation

Cancellation must be made in writing and/or by email at all times. Date postmarked and/or email entry date will be used to calculate the cancellation period.
If an agreement is cancelled, each client or participant will be liable for cancellation costs in addition to any reservation costs due.
In case of cancellation Mint Projects shall 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 does not attend without cancellation.
Should the actual costs on the part of Mint Projects as a result of the cancellation exceed the cancellation costs referred to in this article paragraph 3, the additional costs may also be charged.

Mint Projects reserves the right to cancel activities without Mint Projects being obligated in any way other than possible refund of invoices already paid.

Article 13. Right of Withdrawal

With the delivery of services, the consumer has the option of dissolving the agreement without giving reasons for at least 14 days, starting from the day of entering into the agreement.
To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest at the time of delivery.

Article 14. Costs in case of revocation

1. If the participant makes use of his right of withdrawal, he will be liable for at most the costs of return shipment. 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 the withdrawal. This is subject to the condition that the product has already been received back by the merchant or conclusive evidence of complete return can be provided.

Article 15. Exclusion of right of withdrawal

Exclusion of the right of withdrawal is only possible for services: 1. concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period; 2. the delivery of which commenced with the express consent of the consumer before the expiration of the withdrawal period; 3. concerning betting and lotteries.

Article 16. Liability of Mint Projects

Participation in arrangements and/or activities is at the risk of the customer and/or participant. Except in case of intent or gross negligence of Mint Projects, the organizer is not liable for any form of damage.
Mint Projects shall in any case not be liable for damage resulting from: a. circumstances attributable to the participant and/or customer, such as not having an inadequate health or condition, inadequate personal equipment, acting or not acting correctly, overestimating one's own abilities or ignoring instructions; b. consciously or unconsciously classifying a participant in 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. actions and influences of third parties not directly involved in the execution of the agreement; circumstances that cannot be blamed on Mint Projects and that cannot reasonably be attributed to Mint Projects by virtue of Dutch law or socially accepted standards.
The customer and/or participant is expected to take out appropriate accident, travel and cancellation insurance. Mint Projects shall in no event accept liability for damages for which entitlement to compensation exists, or is deemed to exist based on the preceding sentence, under a travel, accident and/or cancellation insurance.
The exclusions and/or limitations of liability contained in this article also apply on behalf of employees and other representatives of Mint Projects, the booking office and service providers involved, as well as their staff, unless excluded by law.
If during the execution of a package an unexpected event occurs that leads to liability of Mint Projects, that liability shall be limited to the amount or amounts claimed by the liability insurance taken out by Mint Projects.

Article 17. Liability of the client and/or participant

The participant and/or the client shall be liable to Mint Projects for damages or any other disadvantage caused by the acts or omissions of himself, or third parties "admitted" by him.

Article 18. Applicable law and competent court

Any agreement between Mint Projects and the other party shall be governed by Dutch law.
All disputes, including summary proceedings, relating to and/or arising from these General Terms and Conditions or an agreement between Mint Projects and a counterparty, shall be adjudicated to the exclusion of any court by a competent court in IJsseldelta.

Article 19. Copyright, industrial property

Mint Projects reserves the rights and powers to which it is entitled under the Copyright Act.
Industrial or intellectual property rights of programs, assignments, ideas, activities conceived or brought about by Mint Projects shall belong only to Mint Projects without further consent.

Article 20. Additional information

It is mandatory to wear underwear, swimsuit or bikini in suits rented from WINGFOIL IJSSELDELTA for reasons of hygiene.
Lesson packages are comparatively cheaper than single lessons. The condition of taking a lesson package is that payment is made before the start of the first lesson.

2.1.1 Lesson packages are valid for 1 year after the purchase of the lesson package.

2.1.2 Lesson packages are not redeemable for cash. Only against a wing foil surf lesson.

2.1.3 Lesson packages are registered to a person's name. Only that person can take advantage of the wing foil surf lessons.

Article 21. Photographs and videos

The customer agrees that 1) during the activities/arrangements photo and film recordings can be made of the customer(s) and 2) that these can be used by Mint Projects and its partners for promotional purposes. If the customer does not want this, this must be explicitly indicated in advance by email to info@wingfoilIJsseldelta.nl.

These general conditions were filed with the Commercial Register of the Chamber of Commerce on May 10, 2023.