TERMS AND CONDITIONS - Stunt and Wheelieschool
1.1 In these terms the following definitions apply:
These terms and conditions stipulated by Stunt and Wheelieschool (part of Pro Moto Xperience BV
- Stunt and Wheelieschool based in Huissen, registered under Pro Moto Xperience BV with the Chamber of Commerce in Duisburg-'s Hertogenbosch, Netherlands.
a) active activity organized by Stunt and Wheelieschool or offered includes, courses, clinics, trainings and sports recreation forms,
b) services or the provision of facilities and other operations carried out by Stunt and Wheelieschool for the client including giving demonstrations;
A combination co-organized or offered by Stunt and Wheelieschool activities, including, giving instructions, and (to) guidance (parts of) a program of activities;
- Representative of Stunt and Wheelieschool: a person who acts on behalf of Stunt and Wheelieschool at activity or event, including, instructors or tutors;
Any natural or legal person for itself or on behalf of third parties into an agreement with Stunt and Wheelieschool or otherwise use any of the activities, events or material from Stunt and Wheelieschool;
Any natural person who actually participate or would participate in or use or would use an activity or event of Stunt and Wheelieschool;
The written agreement in which Stunt and Wheelieschool is committed against a client to provide an activity or event under previously agreed conditions, also including the amount of the contract;
- Amount of the contract:
The sum of the price of the activity or event, any premium for insurance taken out by Stunt and Wheelieschool for the client and participants and any other agreed charges, prices and amounts.
Article 2. Application of these conditions
2.1 The general conditions apply to all offers, promotions, vouchers, activities, events and deals offered, made or entered into by or on behalf of Stunt and Wheelieschool, unless explicitly otherwise agreed in writing thereof.
2.2 Clients and participants accept the applicability of these terms and conditions by entering into an agreement with Stunt and Wheelieschool, actually participating in an activity or event, or paying (part of) an amount due.
2.3 In case of conflict with these terms and conditions with the general conditions of the client prevail terms, unless written agreement expressly agreed otherwise.
2.4 If one or more conditions in these general conditions have been wholly or partially invalid at any time or to be destroyed, then the remainder in these general conditions apply in full.
2.5 If uncertainty exists regarding the interpretation of one or more provisions of these terms and conditions, then the explanation should take place in the spirit of these provisions.
2.6 If there is a situation that is not covered by these terms and conditions, should be assessed the situation in the spirit of these terms and conditions.
Article 3. Offers and Deals
3.1 All offers of Stunt and Wheelieschool are not binding until the order by Stunt and Wheelieschool is accepted in writing. Despite the publication of an offer Stunt and Wheelieschool has no obligation to accept an assignment.
3.2 The Stunt and Wheelieschool-made offers are valid for 1 month, unless otherwise indicated.
Article 4. Entering into the agreement and amendments
4.1 The agreement is concluded solely by Stunt and Wheelieschool and the client terms of the agreement have agreed in writing to the payment terms are met.
4.2 Changes or additions to the contract can only be written agreed.
4.3 The client can request up to 10 days before changing the agreement (including reducing the number of participants). Stunt and Wheelieschool will as far as possible to this reasonably cooperate. If Stunt and Wheelieschool is unable to honor the request, Stunt and Wheelieschool will notivy the client as soon as possible. With regard to the administrative costs of change is the principal owed at least € 75.
A contestant who is unable to actually participate in the activity or event may be replaced by another with the permission of the client. The substitute must meet all the conditions and obligations of the agreement.
4.4 The customer is required before the conclusion of the agreement to check all personal circumstances of himself and on behalf of those for whom the agreement concerns, including participants, They have to inform Stunt and Wheelieschool if there is anything that can /could reasonably affect the conduct of the activity or event, including, medical or conditional specifics.
4.6 The person who enters into a contract on behalf of or for another participant is fully liable for all obligations arising from the agreement.
4.7 Stunt and Wheelieschool has the right to sell the reserved spotit if the client fails to pay the amount within a reasonable period of registration for participation in the activity.
4.8 The Client shall, if requested by Stunt and Wheelieschool, before the activity to sign and accept the Liability and Health information.
4.9 The client and participants are required to first request Stunt and Wheelieschool or a representative of Stunt and Wheelieschool valid identification or other appropriate to the activity or event required document, including, a valid driver's license or ID to show.
Article 5. Price
5.1 Stunt and Wheelieschool brings on the client's request a quote for an activity or event. The price of the offer includes only the services and facilities that are described in the offer. The Stunt and Wheelieschool is free to offer temporary events or activities at a special rate. Prices / rates are not binding listed in brochures or on a website or other publications. Only the prices and rates stated on the Stunt and Wheelieschool request quotations are valid. Prices are in euros including VAT, unless otherwise indicated.
5.2 Stunt and Wheelieschool and the client can agree on a fixed price:
a) per group, with a minimum and maximum number of participants per clinic;
b) per person, with a minimum and maximum number of participants per clinic;
5.3 If the agreement is concluded on behalf of a group, Stunt and Wheelieschool will charge for the pre-specified number of persons, unless otherwise agreed. If the number of people who actually participates in an activity or event is less, than the agreed amount will not be lowered. If the number of persons which actually participates in an activity or event is higher than the agreed number. The costs due to additional participants will be calculated proportionately.
Article 6. Payment terms
6.1 Full payment of the invoice amount must be made 14 days after the invoice date. If the booking is within 14 days before the activity or event, the client must complete the payment fully by banktransfer or in cash before the start of the activity or event on the day in which the activity or event will take place.
6.2 Payments are made on a designated bank account by Stunt and Wheelieschool or otherwise indicated by Stunt and Wheelieschool.
6.3 If the client doenst pay before the specified date, it is automatically cancelled without further notice being required.
Article 7. Cancellation by the client and the substitution
7.1 The client can only cancel the agreement in writing.
7.2 If the client is unable to attend may (a) another client (s) under the same registration requirements and participate in the activity or event. The client in that case in writing to submit a request by Stunt and Wheelieschool. Whoever is put in place, thereby taking over all liabilities. However, the original client remains jointly and severally liable at all times for the fulfillment of the (payment) obligations towards Stunt and Wheelieschool.
7.3 If the client wishes to cancel the contract, the client must do it in writing, by a registered letter, to submit to Stunt and Wheelieschool. Verbal cancellation (including via voicemail) will not be accepted as an official cancellation. The date of cancellation that is used, is the date of the postmark. If canceled, which is also included in the general conditions a request for moving the activity or event to another date, the client he is at least the following to Stunt and Wheeleischool:
If canceled 30 days to 14 days before the date of the activity or event by Stunt and Wheeliechool 50% of the amount of the contract to the client will be charged. Cancellation from 14 days before the date of the activity or event by Stunt and Wheelieschool 75% of the amount of the contract to the client will be charged. In case the participants without canceling are not present at the start of the activity or event remains the principal owed 100% of the amount of the contract.
Article 8. Termination by Stunt and Wheelieschool
8.1 Stunt and Wheeliescool can withdraw from the agreement due to significant circumstances that are unforeseeable and not to remedy or avoid. Also including the circumstances that an agreement between the Stunt and Wheelieschool material and one of its suppliers for whatever reason, is dissolved or is not carried out, or conditions secondary to force majeure, by safety requirements or by public authorities; it reserves
also the right to cancel the entire event due to special conditions, without being required to pay for any damage that this causes. Stunt and Wheelieschool is obliged to inform the client immediately and reasons of the cancellation informed.
8.2 Upon termination by Stunt and Wheelieschool as provided above, the client is entitled to a full refund of the paid amount. Stunt and Wheelieschool will endeavor to offer the client an altarnative date.
Article 9. Termination and Suspension of Agreement
9.1 Stunt and Wheelieschool is authorized to suspend the fulfillment of the obligations of the agreement to terminate with immediate effect if:
- the client does not fully or timely comply with the obligations under the agreement;
- After the conclusion of the agreement Stunt and Wheelieschool learns of circumstances giving good ground to fear that the client will not fulfill his obligations;
Article 10. Obligations of the client and participants
10.1 The rider is expected before the activity or event to have a standard liablity insurance.
10.2 The participant is obliged to comply with all instructions of Stunt and Wheelieschool or his representative to promote the smooth implementation of the agreement and the success of the activity or event.
10.3 The participant is obliged to provided material and facilities to use in a manner for which it is intended by its nature and convention. The participant must report and to fix any defects upon receipt of the material. The participant may not make changes to the material or give them to third parties without permission of Stunt and Wheelieschool or his representative. The participant shall inform Stun and Wheelieschool or his representative as soon as possible but no later than the end of the activity or event, for aware of the damage or loss of materials. The participant will transfer the material made available by the end of the activity or event to the representative of Stunt and Wheelieschool, in the same state in which the participant has received.
10.4 Participants must be present in time for the start of the activity or event. Stunt and Wheelieschool will as far as possible follow the agreed timetable for the activity or event. In the extreme case, therefore (parts of) activities or events are shortened or expire without refund of amounts paid.
10.5 The participant who causes so much nuisance or trouble that the realization of the activity or event is impeded or can be complicated greatly, which endangers the safety of themselves or others at risk or dealing irresponsibly with nature and the environment, can be excluded by Stunt and Wheelieschool from (further) participation in the activity or event. All any resulting costs will be borne by the excluded participant or the principal.
10.6 Stunt and Wheelieschool reserves the right to photographic or other recordings made during the activity or event, to be used for promotional purposes. Objections against this must be submitted to Stunt and Wheelieschool by writing within 14 days there after.
10.7 If the client or participant has not yet reached the age of 18 years and is not accompanied by an adult, the participant must in possession of a declaration of no objection signed by a legal representative or the legal Representative co-signs the agreement.
10.8 Each participant is and remains responsible for assessing if he / she sufficient enough to participate in an activity or event.
Article 11. Confidentiality
11.1 All parties are required to disclose any confidential information they obtained in the course of their agreement from each other or from another source.
11.2 If Stunt and Wheelieschool pursuant to a contract, receives personal data of the clients, Stunt and Wheelieschool will manage them in accordance with the requirements of the Law on Personal Registration. The client always has the right to access his or her data and may ask to change or delete data.
Article 12. Intellectual property
12.1 Without prejudice to article 11 of these conditions maintaining Stunt and Wheelieschool the rights and powers it is entitled under the Copyright Act.
12.2 Without the prior permission of Stunt and Wheelieschool it is not allowed to take information from the website and / or information which is provided to the client.
Article 13. Defects and complaints
13.1 If the client or participant discovers a defect in the execution of the agreement, he must report to Stunt and Wheelieschool or his representative so that it can find a suitable solution or facility as soon as possible.
13.2 If the complaint is not handled correctly, Stunt and Wheelieschool will offer a correct solution after receiving a written letter by the participant within 7 days after the activity.
Article 14. Liability of Stunt and Wheelieschool
14.1 If Stunt and Wheelieschool is liable, this liability is limited to the stipulations of this provision.
14.2 Stunt and Wheelieschool is not liable for damages of any kind, created by Stunt and Wheelieschool for incorrect and / or incomplete information provided by or on behalf of the client.
14.3 Stunt and Wheelieschool is not liable for damages if such damage (also) cause found in breach of rules laid down by or instructions of Stunt and Wheelieschool.
14.4 The client or the participants have to read through the text issued disclaimer before the start of the activity or event and signing. If the client or participant acting on behalf or for third parties, the client is obliged to issue this disclaimer and have it signed by the parties.
14.5 Participation in the activities or events occur at the risk of the client and participant. Stunt and Wheelieschool is not liable for any damages, including consequential damages suffered by the client or participant as a result of accidents that occur while participating in activities or events unless and may not be legally permissible insofar as exclusion of liability.
14.6 Stunt and Wheelieschool is not liable for damages resulting from:
- conditions that are attributable to the client, such as not having necessary documents, causing traffic or other violations of laws and regulations, inadequate health or condition, insufficient personal equipment, improper action or inaction, overestimating own funds or ignoring instructions or recommendations or failure to observe safety rules;
- actions and influences of third not directly involved in the implementation of the agreement;
- circumstances not due to the negligence of representatives or Stunt and Wheelieschool text or by Stunt and Wheelieschool hired third parties, which can not be attributed reasonably to Stunt Wheelieschool under Dutch law or the norms prevailing in society;
- driving under the influence of drugs which the response ability (may) affect, drink and / or soft / hard drugs.
14.7 Stunt and Wheelieschool is not liable for indirect damages, including consequential damages, lost profits, lost savings and damage due to business or other stagnation.
14:8 Stunt and Wheelieschool is never responsible c.q. liable for loss, theft and damages, either directly or indirectly, or to personal property of the client or participants. This also applies to delivery of goods to staff of Stunt and Wheelieschool, for example in the catering.
14.9 If, during the execution of an activity or event an unexpected event occurs that leads to liability of Stunt and Wheelieschool, such liability will be limited to the amount to which one gives entitlement by Stunt and Wheelieschool closed liability, reduced by the excess that Stunt and Wheelieschool bears under this liability insurance .
14:12 The limitations of liability included in this article do not apply if the damage is due to intent or gross negligence of Stunt and Wheelieschool or representative (s).
Article 15. Liability of the principal and participants
15.1 The client and participant towards Stunt and Wheelieschool liable for any damage or any injury caused by the non-fulfillment of the agreement (including the default on himself or by him authorized third party), or otherwise due is his fault or by law, this agreement, legal act or prevailing opinion is accounted for.
15.2 The client and participant indemnify Stunt and Wheelieschool for all third-party claims for compensation for any such third-party damage which comes under the foregoing provision on behalf of the client or participant.
Article 16. Terms and house rules Stunt and Wheelieschool
16.1 The client or participant must abide by the general rules and house rules applicable to the area where the activity or event takes place. The instructors of Stunt and Wheelieschool will explain the rules prior to the activity or event.
16.2 The client or participant is required to comply with the licensing requirements for the nuisance and environmental law, as applied in the field in which the activity or event is held.
16.3 In the event of a group arrangement the contractual partner of Stunt and Wheelieschool is held responsible for the behavior of all participants in the booked arrangement.
Article 17. Applicable law and dispute resolution
17.1 All offers and agreements and / or legal relationships to which Stunt and Wheelieschool is a party, only Dutch and German law, also if a contract wholly or partly executed abroad or if the domiciled party involved in the legal relationship . The applicability of the CISG is excluded.
17.2 The parties will first appeal to the courts after they settle have done their utmost dispute by mutual agreement.
Article 18. Modification and location of the conditions
18.1 These conditions have been deposited at the office of the Chamber of Commerce, Duisburg-Wesel-kleve. Applicable is the last registered version c.q. the version valid at the time of the creation of the present command.
18.2 The English text of the general conditions is decisive for its interpretation.