General terms and conditions TopSail B.V.
Article 1 Definitions
In these general conditions the following definitions shall apply:
1. TopSail: TopSail B.V. (Watersportcentrum Sloterplas).
2. Activity: a Course, Splash Week, Private Lesson, Group Clinic, Introductory Lesson or the hire of a vessel or location.
3. Participant: the person who makes a booking and participates in an Activity himself, or the person who participates in an Activity after booking by a third party or the person who makes a booking on behalf of an institution.
4. Course: all sailing courses organised by TopSail.
5. Splash Week: all activities organised by TopSail for youth during the holiday weeks.
6. Private lesson: an activity where the participant is taught by an instructor at a time of their choosing in a vessel of their choice.
7. Group clinic: an activity in which a group of participants are jointly taught by an instructor in a vessel of their choice at a time of their choosing.
8. Introductory lesson: all other activities organised by TopSail during Open Days.
9. Cancellation: no longer following an activity that has already been booked.
10. Activity sum: All net costs charged by TopSail within an agreement for an Activity.
Article 2 Applicability
These conditions apply to all the Activities booked with TopSail.
Article 3 Conclusion of an agreement
1. The Participant can register for an Activity by completing a registration form on one of the TopSail websites. After registration, the Participant will receive a proof of registration via email. Registrations will be processed in order of receipt. Registration is final as soon as confirmation of registration has been sent.
2. A registration for an Activity can also be made via the online shop of one of the TopSail websites. In this case, the contract is final as soon as payment has been made in the online shop. Any discounts offered via the website are only valid if payment has been made in the webshop on the date of the discount offer.
3. A contract is also concluded if a quotation issued by TopSail is accepted by the Customer. Unless otherwise stated, a quotation has a validity period of 30 days after the quotation date. In the event of unforeseen circumstances, TopSail may revoke a quotation.
4. Conclusion of a contract can also take place in person at TopSail. TopSail does not guarantee available places at an Activity when registering in person, but will do its best to place Participant. Payment must be made by direct payment before the Activity begins.
5. The agreement with Participant for an Activity is in all cases personal and non-transferable.
6. For registrations or bookings for an Activity taking place on a specific date, it is not possible to reschedule to another date after booking.
Article 4 Cancellation of an Activity by the Participant
1. In the event of cancellation of the agreement where payment has not yet been made before the Activity is to take place, cancellation can be made free of charge up to 2 weeks before the Activity. No refunds will be given within 2 weeks before the start of the Activity.
2. Based on an e-mail request from the Participant or the Participant’s parents/guardians showing that the Participant has a serious injury, long-term illness, pregnancy or an unforeseen long stay abroad, TopSail is willing to offer a replacement Activity for the time period not attended, in consultation. The replacement Activity must not be at the expense of registrations of other Participants. In such cases TopSail shall be entitled to require a doctor’s or employer’s certificate before offering a replacement Activity.
3. In the event of cancellation of a registration where payment has been made via the webshop:
> If the cancellation occurs at least 6 weeks before the start of the Activity, 80% of the paid Activity sum will be refunded;
> If the cancellation occurs at least 2 weeks but less than 6 weeks before the start of the Activity, 40% of the paid Activity sum will be refunded;
> No refund granted if cancellation occurs less than 2 weeks before the start of the Activity.
Article 5 Cancellation of an Activity by TopSail
1. Should a Participant fail to meet his/her payment obligations on time or to comply with the obligations as described in these general terms and conditions, the Participant shall be in default without further notice and TopSail shall be entitled to unilaterally cancel the registration. The Participant remains liable for all damages suffered and to be suffered by TopSail, including in any case the cancellation costs for the booked Activity and the legal interest on the outstanding amount and any collection costs.
2. TopSail shall be entitled to cancel the registration as described under 1. if it appears that a participant cannot reasonably be considered capable of participating in the Activity due to illness, physical or mental condition.
3. In case of insufficient registrations, TopSail retains the right to cancel the Activity or offer an alternative.
Article 10 Changes to the Activity
1. TopSail shall be entitled to modify the content of an Activity within reasonable limits.
2. TopSail undertakes to do everything in its power to prevent changes to the Activity.
3. In unforeseen circumstances that impede the fulfilment of an Activity and for which TopSail is not responsible, TopSail shall be entitled at any time to cancel an Activity under the obligation to offer a replacement Activity, to move an Activity, or to proceed to refund the Activity price.
4. In circumstances that impede the execution of an Activity and for which TopSail is responsible, such as technical breakdown of the boat or absence of the instructor, TopSail shall at all times be entitled to cancel the Activity under the obligation to offer a full or partial replacement Activity during the same period or refund the Activity price, at the discretion of TopSail.
5. The risk regarding weather conditions lies with the Participant. In the event of weather conditions hindering the performance of an Activity, TopSail shall not be obliged to offer a replacement Activity or refund of the Activity sum. The Lead Instructor will assess weather conditions on behalf of TopSail and this assessment is not subject to dispute.
6. Offering a replacement Activity will always be in consultation with the Participant.
Article 11 Liability
1. The Participant participates at his/her own expense and risk.
2. TopSail is not liable for theft, accidents or damage on, around and in his accommodation or equipment or vessel. TopSail shall also not be liable for damage to third parties.
Article 12 Participant’s obligations
1. The Participant is obliged to truthfully provide all information about the Participant that is relevant to TopSail. This includes, for example, any health aspects, diets, or medication that may conflict with the practice of the Activities. However, TopSail shall in no event be liable for the inability to participate in an Activity as a result of these aspects.
2. The Participant must be able to identify themselves by means of valid identification if requested. In the case of rentals, proof of identity may be requested as a deposit by TopSail.
3. The Participant must be insured for any damage caused by him/her towards TopSail or third parties.
4. The Participant must have a swimming diploma.
5. On the instructions of the instructor, the Participant must wear a life jacket once the Activity has started. The Participant will be issued one at the start of the Activity.
6. The Participant must be aware of the risks associated with the Activity (and obtain information about them beforehand if necessary).
7. The Participant must refrain from misconduct.
8. The Participant must refrain from the use and/or possession of narcotics during or just prior to an Activity and causing hindrance and/or nuisance to fellow participants, TopSail and/or other water sports enthusiasts.
9. The Participant must refrain from consuming alcohol before or during the Activity.
10. The Participant must be present at the agreed time before the Activity starts. A Participant who arrives late runs the risk of being excluded from all or part of the Activity.
11. The Participant must at all times behave in accordance with the house rules and safety instructions provided by TopSail.
12. Parents/Guardians of the Participant are obliged to ensure that underage Participants are picked up on time at the end of an Activity or leave the TopSail site under their responsibility.
13. If the Activity consists of renting, the Participant must have sufficient sailing skills.
14. The Participant is obliged to check the inventory for presence. The Participant must inform TopSail if the equipment is faulty before sailing.
15. The Participant uses the vessel as a good caretaker and good skipper and in accordance with the purpose of the vessel. The Participant may not make any changes in or to the vessel. The Participant may not hand over the vessel for use without TopSail’s permission.
16. At the end of the agreed time period, the Participant shall hand over the vessel or location to TopSail in the same condition in which it was received.
17. The Participant must comply with TopSail’s instructions to preserve the vessel and location.
Article 13 Obligations of TopSail
1. TopSail commits itself to inform the parents and/or legal guardians at all times in the event of problems, danger, denial or cancellation of an Activity of a minor Participant.
2. TopSail will do its utmost to support a Participant’s known health issues, diets and/or medication.
3. TopSail provides activities in the Dutch language. In consultation between the Participant and TopSail, Activities may be offered in English.
Article 14 Complaints
1. Requests for refunds, claims for damages and/or complaints regarding the performance of the Activities must be submitted in writing or by e-mail to TopSail within one month after the last day of participation in the respective Activity.
2. Complaints regarding the performance of the contract must be submitted to TopSail within a reasonable period, fully and clearly described.
3. Complaints submitted to TopSail will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, TopSail will respond within the 14-day period with a notice of receipt and an indication of when the Side can expect a more detailed response.
4. Lodging a complaint does not affect the obligations of a Client.
Article 15 Personal data
1. Participants and parents/guardians of Participants give permission to TopSail to include the data they provide about the Participant in a database that TopSail creates for its administration, services and its own promotional purposes.
2. The personal data stored by TopSail will be stored and managed in compliance with applicable privacy legislation.
3. Participant and parents/guardians may inspect Participant’s personal data stored in TopSail’s database by appointment.
4. Participant and parents/guardians can exclude the use of this personal data by TopSail by submitting a written request to TopSail.
5. Participant and parents/guardians agree to TopSail providing personal data to third parties to the extent necessary for the organisation or performance of the activities. TopSail will only use the personal data for activities in the TopSail group and will under no circumstances provide personal data to third parties for reasons other than those mentioned in this article.
6. Participant and parents/guardians agree to TopSail making visual recordings, which may be used for publicity purposes. Objections can only be made prior to or at the latest at the time of recording.
Article 16 Disclaimer websites
1. The information provided on TopSail’s websites is for general information purposes only. Due to external circumstances, there may be delays, defects and/or other imperfections in the information provided.
2. Although TopSail takes the utmost care in the composition and maintenance of its websites, TopSail cannot guarantee that the information provided is complete, current and/or accurate. The Participant hereby unconditionally and irrevocably waives his/her right to compensation for any direct or indirect damage resulting from the use of the information, unless there has been intent or equivalent gross negligence on the part of TopSail.
3. Third-party websites to which TopSail hyperlinks on its websites are included are not controlled, created and/or maintained by TopSail. TopSail therefore accepts no liability for the content of these linked websites.
4. The TopSail websites and their content are protected by copyright, trademark law and other intellectual property rights. No part of these websites or their content may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without the prior permission of TopSail.
Article 17 Final provisions
1. If and insofar as any provision in these general terms and conditions cannot be invoked on grounds of reasonableness and fairness or its unreasonably onerous nature, that provision shall be accorded a meaning corresponding as closely as possible to its content and purport, so that it can be invoked. The nullity of a provision does not result in the nullity of the entire agreement and/or general terms and conditions.
2. These general conditions are published on the websites of TopSail B.V. and will be sent to the Participant upon request.
3. The Participant enters into an agreement exclusively with the TopSail where the Participant registers and not with the other entities mentioned in these general conditions.
4. Participant has agreed to these general conditions when registering for the Activity.
5. The Participant is not entitled, except with the prior consent of TopSail, to transfer rights or obligations under this agreement to third parties.
6. The Participant is obliged to immediately communicate changes of address to TopSail.
7. The agreements to which these general terms and conditions apply shall be governed by Dutch law.
8. In case of disputes regarding the content and/or interpretation of these conditions, the version in the Dutch language shall apply.
9. The conditions are subject to change. The last published version of these terms and conditions applies. These terms and conditions were published on 21 February 2023.