Terms and Conditions

Flyfoil Terms and Conditions
Efoil School & Rental.
Chapter 1 – General
Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Flyfoil: the company that offers eFoil lessons, courses, rentals, and related services.Customer: the natural or legal person who enters into an Agreement with Flyfoil.Participant: the person who actually participates in a lesson, course, or rental.

Agreement: any agreement between Flyfoil and the Customer concerning the provision of services or rental of equipment.
Equipment: the eFoils, boards, batteries, safety equipment, and related items made available by Flyfoil.Written:
Written also includes electronic communication (email, online booking system).

Article 2 – Applicability

These terms and conditions apply to all offers, quotations, agreements, deliveries, and services of Flyfoil, unless otherwise agreed in writing.
The Customer’s general terms and conditions do not apply and are explicitly rejected.
If one or more provisions are void or voidable, the remaining provisions remain in full force.

Chapter 2 – Formation and Execution of the Agreement

Article 3 – Offer and Formation

All offers from Flyfoil are non-binding and subject to availability.
An Agreement is concluded when Flyfoil confirms the reservation in writing.
Flyfoil reserves the right to refuse a reservation without giving reasons.

Article 4 – Execution and Obligations of Flyfoil

Flyfoil makes every effort to execute the agreement carefully and to promote the safety of Participants.
Flyfoil may reschedule or cancel lessons or rentals if circumstances make this necessary (such as weather conditions, technical malfunctions, or safety risks).
Flyfoil is entitled to engage third parties in the execution of the agreement.

Article 5 – Obligations of the Customer and Participant

The Customer and Participant are obligated to provide accurate information relevant to participation (such as medical restrictions, swimming ability).

The Participant declares:
a. to be at least 16 years old, unless otherwise agreed in writing,
b. to be able to swim,
c. to hold a swimming certificate A,
d. to be physically and mentally capable of participating.

The Participant is obligated to follow Flyfoil’s instructions at all times.
Violation of instructions may result in termination of participation without refund.

Chapter 3 – Equipment Rental
Article 6 – Use and Duty of Care

The Equipment remains the property of Flyfoil at all times.
The Client must use the Equipment carefully in accordance with its intended use and instructions.
It is prohibited to make changes to the Equipment or to rent it out to third parties.

Article 7 – Renter’s Liability

The Client is liable for all damage, loss, or theft of the Equipment during the rental period, regardless of the cause, except for normal wear and tear.
The Client must immediately report any damage or defects to Flyfoil.
Repair or replacement costs will be fully charged to the Client.

Chapter 4 – Payment and Cancellation.

Article 8 – Prices and Payment

All prices include VAT, unless otherwise stated.
Payment must be made prior to the activity or rental, unless otherwise agreed.
If payment is not made on time, Flyfoil is entitled to refuse participation or delivery.

Article 9 – Cancellation by Customer

Cancellation up to 7 days before the start: full refund.
Cancellation between 7 and 2 days before the start: 50% refund.
Cancellation within 48 hours before the start or no-show: no refund.

Article 10 – Cancellation by Flyfoil

Flyfoil may reschedule or cancel the activity due to force majeure (e.g., storm, lightning, instructor illness, technical defects).
In the event of cancellation by Flyfoil, the Customer will receive a refund of the amount paid or a voucher for a new date.

Chapter 5 – Liability and Risk.

Article 11 – Risk and Own Responsibility

Participation in Flyfoil activities is entirely at your own risk.
The Client and Participant are aware of the risks associated with water sports and electric boards.
Wearing the safety equipment provided by Flyfoil (such as a helmet and impact vest) is mandatory.

Article 12 – Flyfoil Liability

Flyfoil is only liable for direct damage resulting from intent or gross negligence on the part of Flyfoil.

Flyfoil is not liable for:
a. personal injury or damage to property of the Participant,
b. indirect damage (such as consequential damage, loss of profit),
c. damage caused by failure to follow instructions.

Flyfoil’s liability is in all cases limited to the amount paid out by its liability insurance.

Article 13 – Indemnification

The Client indemnifies Flyfoil against all third-party claims arising from the use of the Materials or participation in activities by the Client or Participant.

Chapter 6 – Other Provisions
Article 14 – Intellectual Property

Photos and videos taken by or on behalf of Flyfoil during activities may be used by Flyfoil for promotional purposes, unless the Client or Participant objects in advance in writing.
All intellectual property rights relating to Flyfoil’s materials and publications are vested in Flyfoil.

Article 15 – Complaints Procedure

Complaints must be submitted to Flyfoil in writing as soon as possible.
Flyfoil strives to handle complaints in writing within 14 days.

Article 16 – Force Majeure

Force majeure is defined as any circumstance beyond Flyfoil’s control that temporarily or permanently prevents fulfillment of the agreement.
In the event of force majeure, Flyfoil is entitled to suspend or terminate the agreement without liability for damages.

Article 17 – Applicable law and competent court

These terms and conditions and all agreements are exclusively governed by Dutch law.

Disputes will be submitted exclusively to the competent court in the district where Flyfoil has its registered office, unless mandatory law prescribes otherwise.