Pepsports.com is a sales platform for various companies and assumes no responsibility for the execution of the purchased products. Each company bears its own liability.

• Kite/surfing lessons + summer camps are carried out by Surf & Kite, Chamber of Commerce number: 93350732
• Events are carried out by Pepsports Events v.o.f., Chamber of Commerce number: 64671631
• Powerboat/banana boating are carried out by Pepsports, Chamber of Commerce number: 97033952

Article 1: Definitions

In these terms and conditions and the applicable agreement, the following definitions apply:

1. Lesson(s): Service or activity offered by the entrepreneur. For this service, activity, or combination thereof, equipment and/or personnel may be provided and/or hired to realize the service or activity.
2. Package: A service or activity or combination of services or activities organized or offered by the entrepreneur in a professional or business capacity, as well as the provision of facilities. These services, activities, or facilities may consist of the rental or sale of equipment, providing transport or activities, providing (overnight) accommodation(s), giving instruction, and (arranging) supervision of (parts of) a program of activities. Guided packages or guided activities are understood to mean: packages or activities supervised by a representative of the entrepreneur.
3. Service: all actions for the preparation or support of the execution of our offered outdoor sports. This includes, among other things, the rental or sale of equipment, providing transport, providing accommodation(s), giving instruction, and (arranging) supervision of (parts of) outdoor sports.
4. Activity: outdoor sport or service or combination of outdoor sport and service organized or offered by the entrepreneur in a professional or business capacity.
5. Guided activities: activities supervised by (a representative of) the entrepreneur:
6. One-day activity: an activity offered by an entrepreneur that lasts no longer than 24 hours in total and does not include an overnight stay;
7. Multi-day activity: an activity offered by an entrepreneur that lasts longer than 24 hours in total or includes an overnight stay;
8. One-day package: A service or activity, or a combination of services or activities offered by an entrepreneur that lasts no longer than 24 hours in total, does not include an overnight stay, and covers at least one half-day session.
9. Multi-day package: A service or activity, or a combination of services and activities, offered by an entrepreneur that lasts longer than 24 hours in total and includes at least one overnight stay.
10. Entrepreneur: the person who, in the exercise of their profession or business, offers activities and/or materials; Representative of the entrepreneur: the person acting in the name of the entrepreneur; Pepsports and/or the associated trade name Lerenkitesurfen.
11. Contracting Party: any natural or legal person who enters into an agreement with the entrepreneur for themselves or on behalf of third parties, or participates in an activity and/or package of the entrepreneur.
12. Participant: any natural person who actually participates in or makes use of a package and/or activity;
13. Agreement: agreement between the entrepreneur and the contracting party regarding a package or activity;
14. The agreement must be considered a travel agreement if the entrepreneur undertakes to provide a pre-organized trip offered by them that includes an overnight stay or a period of more than 24 hours, as well as at least two of the following services: 1) transport, 2) accommodation, and 3) another tourist service not related to transport or accommodation that forms a significant part of the package.
15. Agreed price: the fee paid by the contracting party for the activity; it must be stated in writing what is included in the price;
16. Information: written/electronic data about the activity
17. Cancellation: the written termination of the agreement by the contracting party before the start of the activity
18. Quote: A quote should be regarded as an invitation to the potential buyer to make an offer. They are therefore not binding on us in any way. The order given to us counts as an offer, which is only deemed to have been accepted by us after written confirmation on our part (the so-called order confirmation).
19. Order: An order means that the entrepreneur will have to order the equipment from third parties. The contracting party is obliged to take delivery of the ordered equipment or to pay for it if the ordered equipment can no longer be canceled with third parties, whereby the obligation of payment and/or purchase is passed on.
20. Booking: Booking means that there is an assignment and/or activity with an associated time of purchase and/or appointment on a specified date
21. Written contact: Written contact refers to both the actual sending of emails and/or letters. No other form of written contact is legally valid for us. A written confirmation is sent at all times. We are not liable for undelivered written contact that has not arrived due to force majeure or the non-functioning of third parties hired to provide the written contact.
22. Telephone contact: All telephone contact is confirmed via a written confirmation from the entrepreneur’s side. Not reading or not receiving the information is not the responsibility of the entrepreneur.
23. Contracting party contact details: The actual contact details provided by the contracting party are at all times the responsibility of the contracting party. We are not liable for the incorrect provision of contact details resulting in the information, booking, or order not arriving in full or in part.
24. Event: A service or activity or combination of services or activities organized or offered by the entrepreneur in a professional or business capacity, as well as the provision of facilities. These services, activities, or facilities may consist of the rental or sale of equipment, providing transport or activities, providing (overnight) accommodation(s), giving instruction, and (arranging) supervision of (parts of) a program of activities.

Article 2: Scope

1. These terms and conditions apply to all quotes, offers, and agreements made by or on behalf of the entrepreneur, unless explicitly deviated from in writing in the agreement.
2. The terms and conditions are known to both parties upon entering into the agreement. The contracting party accepts the applicability of these terms and conditions by entering into an agreement with the entrepreneur, by actually participating in an activity, or by paying the agreed price or a part thereof.
3. In the event of a conflict between these terms and conditions and the general terms and conditions of the contracting party, the entrepreneur’s terms and conditions shall prevail. This does not affect the fact that the contracting party and the entrepreneur can make individual additional written agreements in which these terms and conditions are deviated from in favor of the contracting party and/or the participant.
4. The entrepreneur is only bound by the agreement and/or changes thereto and/or additions thereto if the contracting party has accepted them in writing.

Article 3: Price Changes

If, after the agreed price has been determined, extra costs arise due to an increase in burdens on the part of the entrepreneur as a result of a change in charges and/or levies that directly relate to the activity or to the participant and/or contracting party, these may be passed on to the contracting party, even after the conclusion of the agreement.

Article 4. Delivery, Delivery Times, and Bookings

1. The delivery times specified by us start on the day the agreement is concluded, provided that all data we need for the execution of the order is in our possession. The delivery times specified by us shall never be regarded as a strict deadline, unless explicitly agreed otherwise in the individual agreement.
2. Equipment has a delivery time of a maximum of 5 working days, depending on the stock at the relevant dealer. Every effort will be made to deliver as quickly as possible. If delivery cannot be realized sooner than 5 days, the contracting party will be informed and dissolution of the assignment is therefore possible.
3. Unless the contrary appears from the order confirmation, delivery of goods takes place to the relevant specified home address on the invoice, written contact, and/or quote, unless explicitly indicated otherwise by the contracting party and confirmed by the entrepreneur.
4. If a contracting party requests that the delivery of goods take place in a manner other than the usual way, we may charge the associated costs to the buyer.
5. If delivery takes place in parts, we have the right to consider each delivery as a separate transaction, including the associated delivery costs.
6. The buyer is obliged to take delivery of the purchased items within the agreed time.
7. In the case of purchase and/or procurement of services, there is immediate delivery as soon as payment or booking has been made.
8. When booking a lesson, activity, or assignment, one is obliged to take delivery of the booking on the stated date. If it is not canceled in time, the lesson, activity, or assignment will be charged in full to the contracting party.

Article 5: Payment

1. The contracting party must make payments in euros; the amount of the agreement must be paid no later than 14 days before the start, unless otherwise agreed and recorded in writing.
2. If the agreement is concluded more than 14 days before the start and the amount of the agreement exceeds €250, the client has the right to pay in two installments. The first installment (deposit) is at least 25% of the agreement amount and must be paid within 8 days after the agreement is concluded. The second installment is the remainder of the agreement amount and must be paid no later than 14 days before the start.
3. If the booking is made within 14 days before the start, the client is obliged to pay the entire amount in one go within 1 week after the booking is closed, unless explicitly agreed otherwise in writing. If the agreement is concluded within 72 hours before the start, the client must pay the amount immediately via telephone/internet transfer or pay at the place of departure. If the agreement is concluded immediately before the start of the execution, payment must be made prior to the start.
4. A client who does not pay on time is in default by operation of law without further notice of default being required. In this case, the organizer is entitled to dissolve the booking or demand full performance. The organizer is entitled to claim additional compensation for all costs already incurred in connection with the agreement.
5. A client who does not pay on time owes the organizer interest of 1% per month on the amount of the agreement plus costs from the day of default, whereby a part of a month is counted as a full month. Furthermore, the client is held to compensate all reasonable costs for the collection of the claim, both judicial and extrajudicial, with a minimum of 15% of the claimed amount.

Article 6: Cancellation

1. We recommend that you take out cancellation insurance, accident insurance, and/or travel insurance.
2. The contracting party can only cancel the agreement for a trip, tour, or event by means of a registered letter to the organizer. The date of receipt of the letter by the organizer counts as the cancellation date.
3. In the event of cancellation of the components mentioned in paragraph 2 by the contracting party, the contracting party pays a fee to the entrepreneur. This amounts to:
4. up to 14 days before the start: the deposit, being at least 10% of the package price;
5. from 14 to 7 days before the start: 25% of the package price;
6. 7 to 1 day before the start: 50% of the package price;
7. within 1 day (inclusive) before the start or later: 100% of the package price.

This also applies if the participant is not present at the start of the package without canceling.

4. The fee will be refunded proportionally after deduction of administrative costs if the same activity is booked for the same period by a third party proposed by the contracting party and with the written consent of the entrepreneur.
5. Cancellation of lessons and other activities established on the basis of a booking or payment are subject to a different cancellation policy, namely:
6. In case of cancellation at least 48 hours in advance, the entrepreneur will not charge anything, provided the entrepreneur is informed of the cancellation in writing.
7. In case of cancellation at least 24 hours in advance but no earlier than 48 hours, 50% of the activity and/or lesson to be paid or already paid will be charged.
8. In case of written cancellation less than 24 hours in advance, the full amount due will be charged.
9. If there is force majeure on the part of the contracting party, it is important that the entrepreneur is informed as soon as possible. The entrepreneur is and remains entitled at all times to ignore the force majeure on the part of the contracting party if there are compelling reasons to do so.
10. It is not possible to cancel items ordered via the shop. Delivery is immediate. If the ordered product is not in stock, the contracting party will be informed immediately.
11. All orders, activities, or services subject to third-party terms regarding delivery, prices, and other matters relating to the order, activity, or service may be passed on to the contracting party.

Article 7: Early Departure by the Participant

In the event of early departure by the participant, the contracting party owes the full price for the agreed activity.

Article 8: Obligations of the Contracting Party

1. The contracting party must ensure that the participants comply with the rules of conduct and house rules applied by the entrepreneur.
2. For an activity abroad, the contracting party ensures that the participants are in possession of all documents required in the country of destination or transit countries, such as a valid passport or identity card, any visas, proof of vaccination, etc. If the participant cannot participate in (part of) the activity due to the lack of a required document, the entrepreneur is not liable.
3. The entrepreneur reserves the right to use photographic or other recordings made during the package or activity for promotional purposes. Objections to this must be submitted in writing within 14 days after the recording.
4. The use of alcohol, drugs, and/or medication that reduces reaction speed prior to and during the activity is prohibited. With the exception of activities such as visiting a bar or nightclub or in the case of mandatory medication prescribed by a doctor or pharmacy. This must then be carried out as the last activity. The entrepreneur is under no circumstances responsible if there is use of alcohol, drugs, or medication.

Article 9: Interim Termination by the Entrepreneur

1. The entrepreneur can terminate the agreement with immediate effect if the contracting party or participant does not, or does not properly, comply with the obligations under the agreement, the associated information, and/or government regulations, despite a prior warning, and to such an extent that according to standards of reasonableness and fairness, the entrepreneur cannot be expected to continue the (participation in the) activity.
2. The entrepreneur can exclude a participant from further participation in the

activity and dissolve the agreement with respect to this participant

if the participant, despite a prior warning, causes a nuisance to the entrepreneur and/or fellow participants, or endangers the safety of themselves

and/or others, or handles nature and the environment in an irresponsible manner, or spoils the good atmosphere on or in the immediate vicinity of the activity.

3. All resulting extra costs are for the account of the contracting party.
4. If the entrepreneur or representative wishes

interim termination, they must inform the participant personally and also notify the contracting party.

5. The contracting party remains in principle obliged to pay the agreed price.

Article 10: Amendment of the Agreement

1. If, at the request of the contracting party, the entrepreneur proceeds to change the content of the agreement, the entrepreneur has the right to charge extra costs.
2. An amendment of the agreement also occurs if the information provided by the contracting party does not correspond to reality.
3. If the entrepreneur proceeds to change the agreement, they will offer the contracting party an alternative. If the contracting party rejects this alternative, they must report this to the entrepreneur immediately. In this case, the contracting party is entitled to a full refund of monies already paid relating to the parts of the activity not enjoyed. Refunds are not possible for changes due to bad weather, such as thunderstorms, storms, or no wind.
4. A participant who is unable to participate in the activity may – after consent from the contracting party and the entrepreneur – be replaced by another person under

the following conditions:

1. the substitute must meet all conditions associated with the agreement
2. the request for substitution must be submitted in writing to the entrepreneur no later than 3 days before the start of the activity
3. the conditions of the service providers involved in the execution of the activity do not oppose the substitution.

Article 11: Unfeasibility of the Agreement

1. The entrepreneur has the right to suspend or terminate the execution of the agreement in the event of serious circumstances that are unforeseen and cannot be remedied or avoided, such as (civil) war, terror, political unrest, natural disasters, food shortages, general strikes, sick staff, weather conditions, and other matters in which force majeure plays a significant role. The entrepreneur is obliged to inform the contracting party of the termination immediately and with reasons.
2. The entrepreneur has the right to dissolve the agreement in whole or in part if the physical condition of the participant, in the opinion of the entrepreneur, makes him/her unsuitable for (further) participation in the activity.
3. The entrepreneur has the right to dissolve or suspend the agreement if there are too few participants for a group activity, where the number of participants is indicated in advance.

4.If performance becomes permanently impossible, the agreement can be dissolved for that part that has not yet been performed. In that case, neither party is entitled to compensation for the damage suffered as a result of the dissolution.

5.In case of insufficient wind, alternative programs may start, which are established with the contracting party prior to the agreement.

Article 12: Complaints

1. If the participant notices a shortcoming in the execution of the agreement, they must report it as soon as possible so that an appropriate solution can be found.
2. If the complaint is not resolved to satisfaction on-site, the contracting party can make this known in writing and with reasons to the entrepreneur no later than 14 days after the end of the activity.

Article 13: Liability

1. The entrepreneur’s legal liability for damage other than injury and death is limited to a maximum according to the then-current IKO standard per event.
2. The entrepreneur is not liable for an accident, theft, or damage unless this is the result of a shortcoming attributable to the entrepreneur.
3. The entrepreneur is not liable for consequences of extreme weather influences or other forms of force majeure.
4. The contracting party is liable to the entrepreneur for damage caused by the actions or omissions of the participant insofar as it concerns damage that can be attributed to them.
5. The entrepreneur undertakes to take appropriate measures after a report by the participant of a nuisance caused by other participants.
6. The participant is and remains responsible for assessing whether they are in sufficient condition to practice the relevant activities, as well as being in possession of a valid swimming certificate as a basis for entering the water.
7. The contracting party has a minimum age of 9 years. The entrepreneur assumes by definition that at least one of the parents/guardians is aware of the participation. The contracting party is therefore obliged to ensure this.
8. The contracting party is aware that participation involves an activity with a significantly increased risk that is often not covered by standard liability insurance. The contracting party should arrange for the correct insurance themselves if desired.

Article 14: Minimum and Maximum Participation

1. In the case of minimum participation, notice is given in advance about the number of participants required for the activity to proceed.
2. The maximum number of participants is notified in advance and depends on the type of activity.

Article 15: Rental, Lessons, Newsletter, and Social Media

1. Pepsports and its instructors/staff cannot be held liable for any injury and/or damage sustained or caused by the student or renter during lessons, rental, or testing periods.
2. By registering for an activity, you agree to receive the Pepsports newsletter, emails, and other forms of contact or marketing.
3. The contracting party is given the opportunity to unsubscribe from the relevant marketing/newsletter at all times.

Article 16: Validity of Outstanding Lessons, Gift Cards, and Other Vouchers

1. All purchased services have a redemption period of a maximum of 1 year unless otherwise and explicitly agreed in writing with the entrepreneur.
2. The entrepreneur has the right to link a redemption period to the purchased activity, service, gift card, or other forms offered by the entrepreneur.
3. Exceeding the redemption or validity period mentioned in paragraph 1 means that the relevant purchase is no longer valid or claimable, unless it is explicitly confirmed in writing that the redemption period is extended.
4. When purchasing third-party vouchers linked to our school, the maximum limit of 1 year always applies unless a shorter period is explicitly stated on the relevant voucher.

Article 17: Photos and Film

1. The contracting party or participant agrees that photos and film material made during an activity by Pepsports and/or Lerenkitesurfen may be used for promotional purposes.

Article 18: Advertising and Marketing

1. Every form of advertising, marketing, and information presented by the entrepreneur is always presented truthfully. We try to ensure its accuracy as much as possible. No claims can be made based on incorrect information, printing errors, or other inaccuracies. All printing and typing errors reserved.

Article 19: Laws and Regulations

1. The entrepreneur ensures at all times that the activity meets all environmental and safety requirements that (can) be set by the government for the activity.
2. The participant is obliged to strictly comply with all safety regulations applicable to the activity.
3. Dutch law applies to this agreement.