TERMS AND CONDITIONS
These terms and conditions apply to all types of kitesurfing / surfing rentals and kitesurfing / surfing trips, organised by LEN10 and the Participant (and the parent or legal guardian of the Participant if the Participant is a minor). Use of all safety equipment is highly recommended by LEN10, if a Participant refuses to use it during a clinic, he/she takes all responsibility for all possible damages arising out of that.
Participants can apply for the Experience, through the internet, by e-mail or by phone. By signing the application form the Participant accepts these terms and conditions. If applying by e-mail or through phone, the Participant accepts the terms and conditions too.
50% of the total cost has to be paid within 14 days after booking the remaining 50% of the cost has to be paid at least 6 weeks prior to the start of the experience unless otherwise agreed upon by both parties.
The booking cancellation follows the conditions below:
Cancellation with 90 days or more before the check-in date: No penalty will be charged.
Cancellation with 60 - 90 days before the trip: 25% of the total price will be charged;
Cancellation within 30 - 60 days before the trip: 50% of the total price will be charged;
Cancellation with less than 30 days before the trip or “No-Show”: 100% of the total price will be charged;
CHANGE OF PACKAGE
In the event of a change, LEN10 shall not reimburse the amount deposited to its account. This balance (if any) shall be available as credit for 6 months, maximum, from the date any such change is requested to be made;
The request for change in packages dates shall be subject to confirmation by the LEN10 reservation department;
Changes will be allowed only if requested up to 30 days before date. After this deadline, it will be considered NO SHOW with a penalty referred to 100% of the amount paid.
LEN10 may offer accommodation and food depending on the booked clinic. As the food and accommodation providers are third party service providers, LEN10 does not take any responsibility or liability for any issues arising from this.
CANCELLATION/CHANGES DUE TO HIGHER FORCES
If the weather conditions are not suitable during the trip and the participant is not able to kitesurf, LEN10 will provide alternate activities but is not obliged to give the Participant any refund. If the booking is cancelled because of an unforeseen act of nature or war then no refund will be provided and the Participant should claim through their travel insurance.
The Participant is obliged to take care of his/her own safety, safety of other Participants and other persons in the vicinity. The Participant must be in good health and has to declare any medical conditions that may affect his/her or others safety whilst participating in kitesurfing trips. When in doubt LEN10 recommends to consult a family doctor. He/she must be able to swim for at least 15 minutes in open water without any support. During the practice of kitesurfing / surfing, the Participant should not be under the influence of alcohol, drugs or other sedatives. The organiser may suspend a Participant from the practice, if he/she does not have a sufficient kitesurfing level and/or is behaving dangerously. In this case LEN10 will not refund any money.
The Participant has to provide accidental and travel insurance that covers kitesurfing for all booked clinics/experiences. LEN10 is not responsible for any damages, delays or else avoidable or unavoidable things which may happen to the Participant during his or her experience/clinic.
RISKS / RELIABILITIES
The Participant voluntarily assumes all risks related to the sport of kitesurfing, known and unknown. Medical and accident insurance are not provided by LEN10. LEN10 accepts no liability for loss or damage of Participant ́s property. The Participant is liable for all the damage or loss of equipment during the clinic and must pay an amount equal to damage/loss on its own.
The Participant releases and discharges LEN10 and Ruben Lenten and all associated from any and all liabilities, claims, demands, or causes of action that he/she may hereafter have for sports injuries, loss/damage of their equipment or third party claims however caused, even if caused in whole or part by the action, inaction or negligence (whether active or passive) of LEN10, Ruben Lenten, other Participants or third party/third parties to the fullest extent allowed by law. Therefore the Participant will not sue or make a claim against LEN10, Ruben Lenten or any Released Party for loss or damage on account of sports injuries, travel injuries, loss or damage of their equipment or third party claims. If he/she violates this by filing such a suit or making such a claim, he/she will pay all attorney ́s fees and costs incurred by LEN10/Ruben Lenten.
For the purpose of these terms and conditions, “RELEASED PARTIES” may include, without limitation, the owners (or beneficial owners), officers, directors, agents, spouses, employees, officials (elected or otherwise), members, representatives, examiners, trainers, certified instructors, certified schools, independent contractors, sub-contractors, lessors and lessees, and in addition the related service providers, partners and other stakeholders, by whatever name they may be called. LEN10/Ruben Lenten shall not be liable or accountable towards any third party injuries or claims arising due to the negligence of the Participant.
DISCLOSURE FOR INDEMNIFICATION
The Participant confirms that they are at least 18 years of age, or is the parent or legal guardian of the Participant and is making this Agreement on their behalf. The parent or legal guardian of the Participant AGREE TO INDEMNIFY AND REIMBURSE the RELEASED PARTIES for their defense and indemnity from any claim or liability in the event that the Participant suffers sports injuries as a result of participation, even if caused in whole or in part by the action, inaction or negligence (whether active or passive) of any of the RELEASED PARTIES, to the fullest extent allowed by law.
LAWS AND JURISDICTION
All disputes and matters whatsoever concerning sports injuries, loss or damage of the equipment and third party claims or arising under, in connection with these terms and conditions shall be litigated, if at all, in and before a Court located in the Netherlands, to the exclusion of the Courts of any other Country.
PERSONAL DATA, PHOTO AND VIDEO
By accepting these terms and conditions the Participant agrees that his/her personal data can be used for LEN10 marketing/promotions and for notification about offers from LEN10. This personal data will not be forwarded to third parties if they are not connected with LEN10. During the clinic photos and videos can be taken by LEN10. By accepting these terms and conditions, the Participant grants LEN10 the right to use the photos and videos of him/her for promotional purposes.
LEN10 reserves the right to change the content of these terms and conditions at any time.
If any part, article, paragraph, sentence or clause of these Terms and conditions is/are not enforceable, the affected provision shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, and the remainder of the agreement shall continue in full force and effect.
These Terms and Conditions are in addition to and are not intended to replace any other agreements related to liability for sports injuries, damage or loss that the Participant (or Participant ́s parents or legal guardians) may have signed, either in the past or in the future. To the extent that there is any conflict between the documents, the Participant (or Participant’s parents or legal guardians) intends to be subject to the document that provides the most expansive release of claims and assumption of risk allowed by law.
By signing the application form for participation in the clinic, or when applying over the internet by e-mail or phone, the Participant claims that he/she has read and understood the terms and conditions of LEN10 and that he/she will act according to these rules. If the Participant is a minor, written consent of the legal representative must be provided.