Algemene Voorwaarden

General Terms and Conditions Flex Watersports

M. Marsman hodn Flex Watersports (hereinafter: Flex Watersports) is registered with the Chamber of Commerce under number 82799016 and is located at Morgenstarstraat 72 (1544CP) in Zaandijk.

 

Article 1 – Definitions

1. In these general terms and conditions, the following terms are used in the following sense, unless expressly indicated otherwise:

2. Offer: Any written offer to the Lessee to provide services by the Lessor to which these terms and conditions are inextricably linked.

3. Consumer: the natural person who does not act in the course of a profession or business.

4. Services: the service that Lessor offers is the rental of supboards and associated Equipment.

5. Leased: the movable property (hereinafter also the “Rental”) that is leased by the Lessor is paddle board and associated Equipment.

6. Lessee: the Consumer who enters into a (distance) Agreement with the Landlord.

7. Agreement: The (distance) agreement that extends to the rental of the rented property (Leased).

8. Lessor: The provider of the Leasedto the Lessee, hereinafter: Flex Watersports.

9. Material: the material that is supplied with the rental of supboards, such as belt, safety leash, paddle, pump and bag as well as life jackets and other materials/items.

 

Article 2 – Applicability

1. These general terms and conditions apply to every Offer of Flex Watersports and every Agreement between Flex Watersports and a Lessee.

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2. Before a (distance) Agreement is concluded, the Lessee will be provided with these general terms and conditions. If this is not reasonably possible, Flex Watersports will indicate to the Lessee how the Lessee can view the general terms and conditions, which are in any case published on the Flex Watersports website, so that the Lessee can easily store these general terms and conditions on a durable data carrier.

3. Deviation from these general terms and conditions is not possible. In exceptional situations, it is possible to deviate from these general terms and conditions if this has been explicitly agreed in writing with Flex Watersports.

4. These general terms and conditions also apply to additional, amended and follow-up agreements with the Lessee.

5. If one or more provisions of these general terms and conditions are partially or wholly invalid or are invalid, the other provisions of these general terms and conditions will remain in force and the invalid/nullified provision(s) will be replaced by a provision with the same purport as the original provision.

6. Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained to the spirit of these general terms and conditions.

7. If reference is made to she/her in these general terms and conditions, this should also be construed as a reference to he/him/are, if and insofar as applicable.

 

Article 3 – The Offer

1. All offers made by Flex Watersports are without obligation, unless explicitly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be explicitly stated in the offer. An Offer only exists if it has been laid down in writing.

2. The Offer made by Flex Watersports is without obligation. Flex Watersports is only bound by the Offer if the Lessee’s acceptance thereof is confirmed in writing within 30 days and/or the Lessee has already paid the amount due. Nevertheless, Flex Watersports has the right to refuse an Agreement with a potential Lessee for a reason that is justified for Flex Watersports.

3. The Offer contains an accurate description of the services offered and the Rental with

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associated prices. The description is detailed in such a way that the Lessee is able to make a proper assessment of the Offer. Obvious mistakes or errors in the Offer cannot bind Flex Watersports. Any images and specific data in the Offer are only an indication and cannot be a ground for any compensation or termination of the Agreement (remotely). Flex Watersports cannot guarantee that the colors in the image correspond exactly to the real colors of the Rental.

4. Offers do not automatically apply to follow-up orders.

5. Delivery times and terms stated in the Flex Watersports Offer are indicative and if they are exceeded, they do not entitle the Lessee to termination or compensation, unless expressly agreed otherwise.

 

Article 4 – Conclusion of the Agreement

1. The Agreement is concluded at the moment that the Lessee has accepted an Offer or Agreement from Flex Watersports by paying the Rental.

2. The Lessee can reserve the Rental via the Flex Watersports website, by e-mail and/or by telephone.

3. Flex Watersports has the right to revoke the (signed) Agreement within 5 working days after receipt of the acceptance.

4. If the Lessee has accepted the Offer by concluding an Agreement with Flex Watersports, Flex Watersports will confirm the Agreement with the Lessee in writing, or at least by e-mail.

5. If the acceptance (on minor points) deviates from the Offer, Flex Watersports is not bound by it.

6. Any agreement entered into with Flex Watersports or a project that is awarded to Flex Watersports by the Lessee is vested in the company and not with an individual person associated with Flex Watersports.

7. The Lessee’s right of withdrawal is excluded, unless otherwise agreed.

8. Flex Watersports is not bound by an Offer if the Lessee could reasonably have expected or should have understood or should have understood that the Offer contains an obvious mistake or

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error. The Lessee cannot derive any rights from this mistake or error.

 

Article 5 Term of the Agreement

1. The Agreement is entered into for a definite period of time and ends by operation of law on the agreed date and time.

2. Both the Lessee and Flex Watersports can dissolve the Agreement on the basis of an attributable shortcoming in the fulfillment of the Agreement if the other party has been given written notice of default and it has been given a reasonable term to fulfill its obligations and it still fails to fulfill its obligations then comply correctly. This also includes the payment and cooperation obligations of the Lessee.

3. The termination of the Agreement does not affect the payment obligations of the Lessee insofar as Flex Watersports has already performed work or delivered services at the time of the termination. The Lessee must pay the agreed fee.

4. In case of cancellation within 48 hours before the start of the rental period, Flex Watersports is entitled to charge 50% of the rent to the Lessee. Cancellation takes place exclusively via the website and/or by e-mail.

5. Both the Lessee and Flex Watersports can terminate the Agreement in writing in whole or in part without further notice of default, with immediate effect if one of the parties is granted a moratorium, bankruptcy has been filed or the company concerned ends due to liquidation. If a situation as stated above occurs, Flex Watersports is never obliged to refund monies already received and/or compensation.

6. If the weather conditions are so bad that the Service cannot be performed, all this at the sole discretion of Flex Watersports, the Lessee will be informed about this, after which a new appointment will be scheduled at no additional cost.

 

Article 6 – Execution of the Agreement

1. Flex Watersports will execute the Agreement to the best of its knowledge and ability.

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2. The Agreement on the basis of which Flex Watersports provides the services is leading for the size and scope of the service. The Agreement will only be performed for the benefit of the Lessee. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.

3. The information and data provided by the Lessee are the basis on which the services offered by Flex Watersports and the prices are based. Flex Watersports has the right to adjust its services and prices if the information provided turns out to be incorrect and/or incomplete.

4. The performance of the Services is based on the information provided by the Lessee. If the information has to be changed, this may have consequences for any established planning. Flex Watersports is never liable for adjusting the planning. If the commencement, progress or delivery of the Services is delayed because, for example, the Lessee has not provided all the requested information or has not provided all the requested information on time or in the desired format, does not provide sufficient cooperation, a possible advance has not been received in time by Flex Watersports or circumstances, which are for the account and risk of the Lessee, there is a delay, Flex Watersports is entitled to a reasonable extension of the delivery or completion period. All damage and additional costs as a result of delay due to a cause as mentioned above are for the account and risk of the Lessee.

5. If and insofar as required for the proper execution of the Agreement, Flex Watersports has the right to have certain work performed by third parties at its own discretion.

6. Flex Watersports may require security from the Lessee before proceeding with the execution of the Agreement, in the form of a deposit or advance payment.

7. Flex Watersports is not liable for damage, of whatever nature, that has arisen because Flex Watersports has based on incorrect and/or incomplete information provided by the Lessee, unless Flex Watersports was aware of this inaccuracy or incompleteness.

8. The Lessee indemnifies Flex Watersports against any claims from third parties who suffer damage in connection with the execution of the Agreement and which are attributable to the Lessee.

 

Article 7 – Instructions for use and obligations of the Lessee

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1. The Lessee must treat the Rental as befits a good Lessee. The Lessee is obliged to use the Leased Property properly and himself in accordance with its purpose under the Agreement.

2. The Lessee acknowledges that he has received the Leased Property in good overall condition and without visible defects. Before the Leased Property is put into use, the Lessee undertakes to carry out the required preparation and inspection actions.

3. The Lessee has an independent responsibility for the management and use of the items delivered or delivered by Flex Watersports.

4. Subletting is prohibited unless the Lessee has explicit written permission from Flex Watersports to sublet the Rental to third parties. In the case of further letting, the Lessee is liable for the use by this third party in the same way as for its own use has been agreed in these terms and conditions.

5. The Lessee is obliged to use the Rental in such a way that no nuisance or nuisance is caused to Flex Watersports, the neighbors and the wider environment by or on behalf of the Lessee and through (the use of) the Rental.

6. The Lessee is prohibited from changing or adding anything to the layout or appearance of the Leased Property in whole or in part.

7. The Lessee is obliged to return the Rented Goods at the agreed place and time at the end of the rental period. The Lessee is obliged to make the Leased Property available to Flex Watersports in a clean, dry and good condition after the end of the rental period and to deliver it in accordance with the Agreement. Flex Watersports is entitled to inspect the Rental for damage within 12 hours of delivery.

8. In the event of loss or theft of the Rental, the Lessee is fully liable in all cases, and the Lessee must reimburse the purchase value.

9. The Lessee is obliged to provide all information requested by Flex Watersports as well as relevant appendices and related information and data in a timely manner and/or before the start of the rental period and in the desired form for the correct and efficient execution of the Agreement. Failing this, Flex Watersports may not be able to fully implement the Agreement. The consequences of such a situation are at all times for the account and risk of the Lessee.

10. Flex Watersports is not obliged to check the accuracy and/or completeness of the information

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provided to it or to update Lessee with regard to the information if it has changed over time, nor is Flex Watersports responsible for the correctness and completeness of the information compiled by Flex Watersports for third parties and/or provided to third parties in the context of the Agreement.

11. Flex Watersports can, if this is necessary for the execution of the Agreement, request additional information. In the absence of this, Flex Watersports is entitled to suspend the execution of the Agreement until the information has been received, without being obliged to pay any compensation for whatever reason towards the Lessee. In the event of changed circumstances, the Lessee must notify Flex Watersports immediately or no later than 3 working days after the change has become known.

12. The use of the Rental by the Lessee is entirely at its own risk and responsibility. The Lessee is obliged to adhere to the instructions and safety regulations of Flex Watersports at all times, whereby Flex Watersports informs the Lessee of all obligations of the Lessee at the start.

13. The Lessee declares to be in good health. The Lessee must also ensure that none of the users uses the Leased Property if they are not authorized to do so or if they are apparently mentally or physically unfit.

14. All (physical) damage as a result of using the Rental at its own discretion is entirely at the risk and responsibility of the Lessee.

15. The Lessee has good swimming skills and must be able to swim at least 25 meters individually and without assistance or must be in possession of a swimming diploma A.

16. In the event of damage or defects that are known or perceivable to the Lessee, the Lessee is not permitted to use the Rental if this could lead to aggravation of the damage or defects, or to a reduction in safety.

17. The Lessee must at all times comply with the standards of decency applicable on and around the water. The Lessee respects the natural environment with the associated rules. The Lessee is not allowed to paddle on waters where that is not allowed.

18. Lessee declares not to be under the influence of drugs and/or alcohol. Use and/or being under the influence of drugs and/or alcohol is not permitted during the rental period.

 

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Article 8 – Obligations of the LandlordRental

1. Flex Watersports will perform the Agreement to the best of its knowledge and ability and is obliged to leave theat the disposal of the Lessee insofar as this is necessary for the agreed use.

2. Flex Watersports will deliver the Leased Property in a good state of repair and without defects observable by an expert, except if and/or insofar as maintenance defects and/or other defects may be mentioned.

3. If and insofar as required for the proper execution of the Agreement, Flex Watersports has the right to have certain activities performed by third parties at its own discretion.

 

Article 9 – Collection

1. The Lessee must pick up the Rental at the indicated location of Flex Watersports.

2. Any defects or incorrectly delivered goods must be reported to Flex Watersports in writing within 1 hour after delivery to info@flex-watersports.com. In the event of damage to the Rental due to careless handling by the Lessee himself, the Lessee is liable for any reduction in value of the Rental.

3. The Lessee is deemed to have received the Rental Property in good condition and is obliged to return the Rental Property in good condition. If during or after return an investigation shows that the returned item is not in good condition, the Hirer is obliged to reimburse the repair costs and any other damage to Flex Watersports. Furthermore, the Lessee is at all times liable for all damage to and/or caused by the Leased Property during all transports carried out by or on the instructions of the Lessee.

4. If the Lessee returns the Rented Goods later than the rented time, additional rental costs will be passed on to the Lessee.

 

 

 

Article 10 – Defects

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1. Flex Watersports guarantees that the Rental complies with the Agreement as concluded between the parties.

2. Flex Watersports is obliged to remedy defects at the request of the Lessee, unless this is impossible or the costs of remedying the defects cannot reasonably be expected from Flex Watersports.

3. Any damage and loss must be reported to Flex Watersports immediately, but at the latest within 1 hour. If agreed, Flex Watersports will take care of further settlement of the damage and/or repair of the damage. The Lessee is obliged to follow the instructions of Flex Watersports.

4. The Lessee is personally liable for the following costs and damages, and indemnifies Flex Watersports against:

Damage due to the loss of the Rental and/or the accompanying documents;

The damage that for whatever reason is not reimbursed by the insurance company of the Lessee;

Damage due to negligent actions on the part of the Lessee himself.

5. Invisible defects are the defects that the Lessee has not discovered during a thorough inspection of the Rental and could not reasonably have discovered it, must be reported to Flex Watersports in writing immediately after discovery of the defect.

 

Article 11 – Prices

1. During the period of validity of the Offer, the prices of the items offered will not be increased, unless there are changes in VAT rates.

2. The prices stated in the Offer include VAT, unless otherwise agreed.

3. The Lessee is obliged to fully reimburse the costs of third parties, which are deployed by Flex Watersports after the Lessee’s approval, unless expressly agreed otherwise.

4. The parties can agree that the Lessee must pay a deposit. If a deposit has been agreed, the Lessee must pay the deposit before a start is made with the performance of the services. If the Rented Goods are returned in good condition, the deposit will be refunded as soon as possible, but at the latest within 7 (calendar) days after termination of the rental period.

5. Flex Watersports is entitled to annually increase the applicable prices and rates in accordance

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with the applicable inflation rates. Other price changes during the Agreement are only possible if and insofar as they are expressly laid down in the Agreement.

 

Article 12 – Payment and collection policy

1. Payment should preferably be made in advance in the currency in which the invoice is made, using the method indicated, unless otherwise agreed.

2. The Lessee cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.

3. The Lessee must make a lump sum payment to the account number and details of Flex Watersports that have been made known to her. Parties can only agree on a different payment term after explicit and written permission from Flex Watersports.

4. If a periodic payment obligation of the Lessee has been agreed, Flex Watersports is entitled to adjust the applicable prices and rates in writing with due observance of a term of 3 months.

5. In the event of the Lessee’s death, bankruptcy, attachment or suspension of payments, Flex Watersports’ claims against the Lessee are immediately due and payable, and the Rental must then immediately be brought under the control of Flex Watersports by the Lessee or his heirs.

6. Flex Watersports has the right to have the payments made by the Lessee go first of all to reduce the costs, then to reduce the interest due and finally to reduce the principal sum and the current interest. Flex Watersports can, without being in default as a result, refuse an offer of payment if the Lessee designates a different order for the allocation. Flex Watersports can refuse full repayment of the principal, if the outstanding and current interest as well as the costs are not also paid.

Article 13 – Warranty

Flex Watersports guarantees that the Rental complies with the Agreement, the specifications stated in the Offer, usability and/or reliability and the legal rules/regulations at the time of the conclusion of the Agreement.

Article 14 – Privacy, data processing and security

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1. Flex Watersports handles the (personal) data of the Lessee with care and will only use it in accordance with the applicable standards. If requested, Flex Watersports will inform the person concerned about this. Questions about the processing of personal data and further information can be sent to Flex Watersports by e-mail.

2. The Lessee is responsible for the processing of data that are processed using a service of Flex Watersports. The Lessee also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Lessee indemnifies Flex Watersports against any (legal) claim related to this data or the implementation of the Agreement.

3. If Flex Watersports is required to provide information security under the Agreement, this security will meet the agreed specifications and a security level that, in view of the state of the art, the sensitivity of the data, and the associated costs. , is not unreasonable.

 

Article 15 – Suspension and termination

1. Flex Watersports is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement if the Lessee does not or not fully fulfill the (payment) obligations under the Agreement.

2. In addition, Flex Watersports is authorized to dissolve the existing Agreement between itself and the Hirer, insofar as it has not yet been performed, without judicial intervention if the Hirer does not timely or properly fulfill the obligations that he has from any agreement with Flex Watersports. concluded Agreement. Flex Watersports is in that case not liable for damage, for whatever reason, as a result of the suspension of its activities.

3. Furthermore, Flex Watersports is authorized to dissolve the Agreement (or have it dissolved) without prior notice of default if circumstances arise which are of such a nature that fulfillment of the Agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise. which are of such a nature that unaltered maintenance of the Agreement cannot reasonably be expected.

4. If the Agreement is dissolved, Flex Watersports’ claims against the Lessee are immediately due and payable. When Flex Watersports suspends the fulfillment of its obligations, it retains its rights under the law and the Agreement.

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5. The Lessee may not return the Leased Property without explicit and written permission from Flex Watersports.

6. Upon termination of the rental period, the Lessee immediately loses the right to use the Rental.

7. Flex Watersports is entitled to reclaim all property when the Agreement is dissolved.

8. Flex Watersports always reserves the right to claim compensation.

 

Article 16 – Limitation of liability

1. In the event of an attributable shortcoming on the part of Flex Watersports, Flex Watersports is only obliged to pay any compensation if the Lessee has given Flex Watersports notice of default within 14 days after discovery of the shortcoming and Flex Watersports subsequently fails to comply with this shortcoming within a reasonable period of time. The notice of default must be submitted in writing and contain such an accurate description/substantiation of the shortcoming, so that Flex Watersports is able to respond adequately.

2. The Lessee is liable for all damage to the Rental, unless the Lessee proves that to him and to persons for whom he bears responsibility and/or liability in relation to Flex Watersports, which in any case includes his staff, with regard to the occurrence of that damage is not at fault.

3. Flex Watersports is not liable for damage as a result of the use of the Rental.

4. Flex Watersports is not liable for any damage arising to the Lessee as a result of not making the Rental available in time, unless a later making available of the Rental to the Lessee arises through its own intent or gross negligence on the part of Flex Watersports itself.

5. Flex Watersports is never liable for improper use of the Rental outside its control during the rental period by the Lessee. The Lessee must adhere to the use of the Leased Property in accordance with the manual and instructions provided by Flex Watersports.

6. If damage occurs during the rental period, the Lessee is obliged to compensate all damage if this is not covered by the warranty and/or Flex Watersports cannot repair the damage or have it repaired free of charge.

7. If the Lessee is unlawfully in possession of the Rental after the end of the Agreement, Flex

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Watersports can claim compensation based on the rental price for the time that it misses the Rental.

8. If the execution of the Agreement by Flex Watersports leads to Flex Watersports’ liability, that liability is limited to the total amount invoiced under the Agreement, but only with regard to the direct damage suffered by the Lessee unless the damage is the result of intent or fault on the part of Flex Watersports. Direct damage is understood to mean: reasonable costs incurred to limit or prevent direct damage, determining the cause of damage, direct damage, liability and the method of repair.

9. Flex Watersports is not liable for consequential damage, indirect damage, trading loss, loss of profit and/or loss suffered, missed savings, damage due to business interruption, capital losses, damage caused by delay, interest damage, immaterial damage and damage as a result of the use of the Rental. A restriction applies to the Consumer in accordance with what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code.

10. Flex Watersports is not liable for damage that is or may be the result of any act or omission as a result of (incomplete and/or incorrect) information on the website(s) or linked websites.

11. Flex Watersports is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for whatever reason.

12. Flex Watersports does not guarantee a correct and complete transmission of the content of and e-mail sent by/on behalf of Flex Watersports, nor for the timely receipt thereof.

13. Flex Watersports is also not liable for physical injury caused by injuries, due to the use of the Rental and/or accidents. The use of the Rental is at the Lessee’s own risk and responsibility. The Lessee is responsible for the choice he/she makes to use the Leased Property. Any injuries or medication use must be made known to Flex Watersports in advance to the Service. Flex Watersports is never liable for (physical) damage resulting from this.

14. All claims of the Lessee due to shortcomings on the part of Flex Watersports lapse if they are not reported in writing and with reasons to Flex Watersports within one year after the Lessee was aware or could reasonably have been aware of the facts on which it bases its claims. All claims of the Lessee expire in any case one year after the termination of the Agreement.

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Article 17 – Indemnification and correctness of information

1. The Lessee is responsible for the accuracy, reliability and completeness of all data, information, documents and/or documents, in whatever form they provide to Flex Watersports in the context of an Agreement. , as well as for the data it has obtained from third parties and which has been provided to Flex Watersports for the purpose of the execution of the Agreement.

2. The Lessee indemnifies Flex Watersports against any liability as a result of failure to fulfill or late fulfillment of the obligations with regard to the timely provision of all correct, reliable and complete data, information, documents and/or records.

3. The Lessee indemnifies Flex Watersports against all claims from the Lessee and third parties engaged by him or working under him, as well as from customers of the Lessee, based on the failure to obtain (timely) any permissions and/or permissions required in the context of the implementation of the agreement.

4. If a minor makes use of the Rental, the Lessee guarantees that permission has been given by the parent or guardian. If this permission is missing, the Lessee indemnifies Flex Watersports against all claims on whatever grounds from that parent(s) or guardian if the permission appears to be missing.

 

Article 18 – Force majeure

1. Flex Watersports is not liable if it is unable to fulfill its obligations under the Agreement as a result of a force majeure situation, nor can it be obliged to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not due to its fault and that is not for its account by virtue of the law, legal act or generally accepted standards.

2. Force majeure is in any case understood to mean, but is not limited to what is understood in this regard in law and jurisprudence, (i) force majeure of suppliers of Flex Watersports, (ii) failure to properly fulfill obligations of suppliers have been prescribed or recommended to Flex Watersports, (iii) defective goods, equipment, software or materials of third parties, (iv) government measures, (v) electricity failure, (vi) failure of the internet, data network and telecommunication facilities (for example due to: cyber crime and hacking), (vii) natural

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disasters, (viii) war and terrorist attacks, (ix) general transport problems, (x) strikes in the Flex Watersports company and (xi) other situations that, in the opinion of Flex Watersports, are beyond its control that temporarily or permanently prevent the fulfillment of its obligations.

3. Flex Watersports has the right to invoke force majeure if the circumstance that prevents (further) fulfillment occurs after Flex Watersports should have fulfilled its obligation.

4. During the period that the force majeure continues, the parties can suspend the obligations under the Agreement. If this period lasts longer than two months, each of the parties is entitled to dissolve the Agreement, without any obligation to pay compensation to the other party.

5. Insofar as Flex Watersports has partially fulfilled or will be able to fulfill its obligations under the Agreement at the time of the occurrence of force majeure, and the part fulfilled or to be performed has independent value, Flex Watersports is entitled to to be invoiced separately for the part to be fulfilled. The Lessee is obliged to pay this invoice as if it were a separate Agreement.

 

Article 19 – Transfer of risk

The risk of loss or damage to the Rental that is the subject of the Agreement transfers to the Lessee as soon as the Rental has been brought under the control of the Lessee. This is in any case the case if the Rental has been collected from Flex Watersports.

 

Article 20 – Complaints

1. If the Lessee is not satisfied with the Rental and/or has complaints about the (performance of the) Agreement of Flex Watersports, the Lessee is obliged to report these complaints as soon as possible, but no later than 14 calendar days after the relevant reason that led to the complaint. Complaints can be reported via info@flex-watersports.com with the subject “Complaint”.

2. The complaint must be sufficiently substantiated and/or explained by the Lessee if Flex Watersports is to be able to handle the complaint.

3. Flex Watersports will respond substantively to the complaint as soon as possible, but at the latest within 7 calendar days after receipt of the complaint.

4. The parties will try to reach a solution together.

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Article 21 – Applicable law

1. Dutch law applies to every Agreement between Flex Watersports and the Lessee. The applicability of the (CISG) Vienna Sales Convention is expressly excluded.

2. Flex Watersports has the right to change these general terms and conditions and will inform the Lessee thereof.

3. In the event of translations of these general terms and conditions, the Dutch version shall prevail.

4. In the event of an explanation of the content and purport of these general terms and conditions, the Dutch text thereof is always decisive. Flex Watersports has the right to unilaterally change these general terms and conditions.

5. All disputes arising from or as a result of the Agreement between Flex Watersports and the Lessee will be settled at the competent court of Noord-Holland (location Haarlem) unless mandatory provisions lead to the jurisdiction of another court.

 

Zaandijk, August 31st, 2021