General terms and conditions SUP & SURF Nijmegen and HOP & GO Nijmegen
SUP & SURF and HOP & GO Nijmegen are trade names of Brabant Evenementen Groep B.V., which is registered with the Chamber of Commerce under number 74077287.
Article 1. Definitions
In these General Terms and Conditions and in any agreement to which they are applied, the following definitions shall apply:
1.1 SUP & SURF Nijmegen (hereinafter: SUP & SURF): company that takes care of (unaccompanied) recreational activities and gives instructions in respect of such activities as well as the rental of related materials.
1.2 HOP & GO Nijmegen (hereinafter: HOP & GO): company that takes care of (un)guided recreational activities and giving instructions regarding these activities as well as the rental of related materials.
1.3. Agreement: Every Agreement in the broadest sense of the word that comes into being between SUP & SURF/HOP & GO and Participant as well as every amendment or addition thereto as well as all (legal) acts in preparation and execution of that Agreement.
1.4. Activity: An event, lesson or transportation provided or organized by SUP & SURF/ HOP & GO as listed on the website and/or named in the agreement.
1.5 Participant: The company or natural person who enters into an Agreement with SUP & SURF/ HOP & GO to rent, rent, buy, repair and/or participate in a (guided) activity.
1.6 Participant: All persons renting equipment and/or participating in a (supervised) Activity pursuant to the
Agreement entered into between SUP & SURF/ HOP & GO and Participant, based on registration by Participant and such for the account of Participant.
1.7 Rent: The rental of equipment in respect of the Activity by Participant (and Participant), which is rented by SUP &
SURF/ HOP & GO are made available to Participant (and Participant) for a pre-agreed period of time against payment by Participant. When Participant rents an E-Chopper from HOP & GO, the additional provisions in Article 13 shall subsequently apply to the Agreement between Participant and HOP & GO.
1.8. Where there is an Agreement or the provisions of Article 2.1 pursuant to which SUP & SURF/ HOP & GO performs repair work for the benefit of Participant or pursuant to which SUP & SURF/ HOP & GO supplies or is to supply goods to Participant, the additional provisions of Articles 14,15,16 and 17 shall apply to the Agreement between Participant and SUP & SURF/ HOP & GO.
Article 2. Applicability
2.1. The General Terms and Conditions shall form part of all Agreements, offers, quotations and deliveries made by SUP & SURF/ HOP & GO with Participant and shall apply to all (other) acts, work performed and legal acts of SUP & SURF/ HOP & GO and Participant in this regard.
2.2 These General Conditions are valid on all agreements and the provisions of Article 2.1, and apply both inside and outside the Netherlands, regardless of the place of residence or establishment of Participant and/or other (third) parties involved in the agreement and regardless of the place where the agreement was, or should have been, concluded.
2.3 Deviations and/or additions to any provision in the Agreement and/or General Terms and Conditions shall only apply if agreed in writing and shall relate exclusively to the Agreement in question or the provisions of Article 2.1. If SUP & SURF/ HOP & GO has agreed in writing to any deviations or additions to these General Terms and Conditions, Participant shall not be entitled to invoke these changes here in other Agreements and the provisions of Article 2.1 or to apply the amended General Terms and Conditions without SUP & SURF/ HOP & GO’s prior express consent.
2.4 SUP & SURF/ HOP & GO shall be entitled to amend or supplement these General Terms and Conditions at any time. If there are any changes or additions SUP & SURF/ HOP & GO will notify Participant in writing.
2.5 If Participant declares own and/or other General Terms and Conditions applicable they are not binding on SUP & SURF/ HOP & GO and are expressly rejected insofar as they differ from these General Terms and Conditions. No agreement will be established if Participant declares its own and/or other General Terms and Conditions applicable, insofar as they differ from these General Terms and Conditions.
Article 3. Tenders, formation and content of agreements
3.1.The Agreement between Participant and SUP & SURF/ HOP & GO may be established in the following three ways.
3.1.1 Participant sends a request to SUP & SURF/ HOP & GO for a for (not) guided recreational Activity and/or (rental) of related materials, after which SUP & SURF/ HOP & GO sends a quotation or offer and these General Conditions to Participant which quotation or offer must be signed and returned to SUP & SURF/ HOP & GO by Participant. All offers made by SUP & SURF/ HOP & GO are without obligation unless expressly stated otherwise. If an offer contains a non-binding offer and it is accepted, SUP & SURF/ HOP & GO is entitled to revoke the offer within two business days of receiving the acceptance. After SUP & SURF/ HOP & GO has received a confirmed offer or booking from Participant, Participant will receive an order confirmation for information after which the agreement is established. From the time SUP & SURF/ HOP & GO commences work with a confirmed quotation or offer it shall be deemed that the agreement has been made under the specific terms and conditions as set forth in the Agreement and these General Terms and Conditions and may be subject to change or cancellation charges, which are further discussed in Article 7.
3.1.2 Participant makes a booking directly through the website and/or contact form, whereby these General Terms and Conditions are provided digitally and can be downloaded from the website, upon which Participant agrees and the agreement is established. From the time SUP & SURF/ HOP & GO commences work on a confirmed booking it will be deemed that the agreement has been made under the specific terms and conditions as contained in the booking and these General Terms and Conditions and may be subject to change or cancellation charges, which are further discussed in Article 7.
3.1.3 Participant will enter into an agreement with SUP & SURF/ HOP & GO at SUP & SURF/ HOP & GO’s location. Participant is presented with an Agreement in which these Terms and Conditions are provided. When Participant signs the agreement and agrees to these Terms and Conditions, the agreement is established. From the time SUP & SURF commences work with the signed Agreement it will be deemed that the agreement has been made under the specific terms and conditions as set forth in the Agreement and these General Terms and Conditions and may be subject to amendment or cancellation charges, which are further discussed in Article 7.
3.2. Participant entering into an Agreement with SUP & SURF/ HOP & GO on behalf of or for the benefit of Participant shall be jointly and severally liable for all obligations under this Agreement.
3.3. The stated prices of composite offers are valid only if an offer is accepted in its entirety. If Participant agrees to any part of the Agreement, a new offer will follow, in which price changes are possible. Offers or quotations do not automatically apply to future Agreements.
3.4 SUP & SURF/ HOP & GO is entitled to refuse requests as described in Article 3.1.1 and Article 3.1.3 and bookings as described in Article 3.1.2 to enter into Agreements with Participant without giving reasons to Participant.
Article 4. Rights and obligations SUP & SURF
4.1. SUP & SURF/ HOP & GO shall perform each agreement to the best of its ability and shall be authorized to engage third parties if necessary for the proper execution of the order given.
4.2. SUP & SURF/ HOP & GO will ensure that the equipment provided is in good condition.
4.3. The performance of the Agreement shall be based on the circumstances prevailing at the time the Agreement is entered into and may depend on performance by third parties or on data provided by third parties to SUP & SURF/ HOP & GO.
Article 5. Rights and duties Participant (and Participant).
5.1. Participant (and Participant) must provide all information to SUP & SURF/ HOP & GO necessary for proper performance of an Activity/Rent. This information includes, but is not limited to:
a. Participant (and Participant) declares that he is in good health;
b. Participant (and Participant) declares not to be under the influence of drugs and/or alcohol. Use thereof is prohibited during the Activity/Rent;
c. Participant (and Participant) declares not to be pregnant during the Activity/Rent.
d. For agreements with SUP & SURF, Participant (and Participant) declares in advance and if necessary during the Activity that he (and Participant) has a swimming certificate, or that he has good swimming skills;
5.2. Participant takes care of the equipment rented from SUP & SURF/ HOP & GO and Participant hereby declares that he (and Participant) will use these items only for the agreed purpose and in accordance with the operating instructions provided by SUP & SURF/ HOP & GO and instructions given by SUP & SURF/ HOP & GO.
5.3 For agreements with SUP & SURF/ HOP & GO, Participant shall, until returned – as if he were the owner, possessor and user – be liable for all damage, loss or destruction of rented and/or provided items. As well as for damage caused by and/or with these items by Participant and/or Participant).
5.4 The materials provided by SUP & SURF/ HOP & GO for the purpose of carrying out the Activity/Hire must be returned by Participant (and Participant in the Activity/Hire) in the same good technical and external condition after the Activity/Hire has ended. The time of return is the time SUP & SURF/ HOP & GO has received all the rented or provided items properly and in full and SUP & SURF/ HOP & GO has had the opportunity to inspect the rented or provided items.
5.5 Participant is responsible for any damage to the rented or provided SUP & SURF/ HOP & GO equipment. Participant shall pay to SUP & SURF/ HOP & GO as the damage and/or value of the (missing) part – as then charged by SUP & SURF/ HOP & GO. For agreements between Participant and SUP & SURF, SUP & SURF shall charge Participant a lump sum of €75 in the event of loss of a paddle or damage to a paddle by Participant and/or Participant, without SUP & SURF being required to prove damages and without prejudice to SUP & SURF’s right to claim damages if and to the extent the damages exceed the amount.
5.6 Participant and Participant are not permitted to make any changes of any kind to the rented or provided items and/or to paint and/or cover these items (with stickers, for example) or otherwise alter their appearance without SUP & SURF/ HOP & GO’s prior written consent. If Participant and/or Participant violates what is stated in the previous sentence, Participant shall reimburse SUP & SURF/ HOP & GO for all costs involved in returning these items to their original condition.
5.7. SUP & SURF/ HOP & GO reserves equipment for Participant (and Participant) based on the number of people indicated by Participant. SUP & SURF/ HOP & GO cannot rent this equipment to other people that day, therefore Participant will receive an invoice based on this number. If there are ultimately fewer people on the day of the outing, this will not be settled and the costs will be entirely for Participant.
5.8 Participant is not permitted to use, make available or sublet the rented or provided items to third parties without SUP & SURF/ HOP & GO’s prior written consent. If Participant acts in breach of the previous sentence, SUP & SURF/ HOP & GO shall, without further notice of default and/or judicial intervention, be entitled to an immediately payable penalty of EURO 10,000.00 (in words: ten thousand euros) per breach and EURO 10,000.00 (in words: ten thousand euros) for each day or part thereof that such breach continues, subject to a maximum of EURO 100.000.00 (in words one hundred thousand euros), without SUP & SURF/ HOP & GO being obliged to prove damages and without prejudice to SUP & SURF/ HOP & GO’s right to claim damages if and insofar as the damages exceed the amount of the fines.
5.9. Participant and Participant shall at all times observe the standards of decency applicable on and around the water. Participant and Participant respect the natural environment and its rules. Participant and Participant are prohibited from moving rented or provided items to any location other than the agreed location except with SUP & SURF’s written permission.
5.10 Participant is obliged to also submit or communicate (orally/written) to Participant all the obligations mentioned in this article and to make sure that Participant understands these obligations and will comply with them, such for Participant’s responsibility.
Article 6. Risk, Liability and Indemnity
6.1. SUP & SURF/ HOP & GO shall not be held liable by Participant (and Participant) for personal injury or damage of any kind, regardless of cause, incurred prior to, during or as a result of the Activity/Rent to Participant and/or Participant.
6.2. Participation in an Activity/Rent organized by SUP & SURF/ HOP & GO is at the Participant’s (and Participant’s) own risk. When an agreement is entered into by Participant with SUP & SURF/ HOP & GO, Participant (and Participant), accepts his/her own risk.
6.3. In case of (im)material damage to third parties, the costs will be recovered from the Participant (and Participant). Participant fully indemnifies SUP & SURF/ HOP & GO for (im)material damages to third parties for which SUP & SURF/ HOP & GO is held liable and shall pay compensation to such third parties or indemnify SUP & SURF/ HOP & GO and assume liability.
6.4. If SUP & SURF/ HOP & GO should be legally liable for any loss suffered by Participant and/or Participant as a result of the performance of the agreement, such liability shall be limited to a maximum of the amounts charged and paid to Participant in connection with the performance of the agreement or the total to be paid by SUP & SURF/ HOP & GO’s insurance company in this regard.
6.5. Negligence on the part of Participant and/or Participant (e.g. failure to follow SUP & SURF/ HOP & GO’s instructions), any other failure to perform the agreement or to perform it correctly or on time, or incompleteness on the part of Participant regarding information of which Participant and/or Participant should reasonably understand or should have understood that it should have informed SUP & SURF/ HOP & GO prior to performance of the agreement, excludes any form of liability on the part of SUP & SURF/ HOP & GO.
6.6. SUP & SURF/ HOP & GO cannot be held or held liable in any way by the Participant and/or Participant for damage to personal items or loss thereof.
6.7. At an Activity on location, Participant (and Participant) is responsible for a safe working environment of SUP & SURF/ HOP & GO. If any SUP & SURF/ HOP & GO supervisor finds that the work environment is not sufficiently safe, SUP & SURF/ HOP & GO shall be entitled to cease work and terminate the agreement. SUP & SURF/ HOP & GO shall also be entitled to claim from Participant any damages it has suffered or cancellation costs including but not limited to lost profits.
Article 7. Cancellation
7.1. Cancellation by Participant must be in writing. A cancellation is only deemed to have been made when signed by Participant and in SUP & SURF/ HOP & GO’s possession. If Participant postpones or cancels, the following costs will be charged to Participant:
a. In case of cancellation up to 1 week before the start of the Activity/Hire: 25% of the amount in the order confirmation.
b. In case of cancellation up to 72 hours before the start of the Activity/Hire: 50% of the amount in the order confirmation.
c. In case of cancellation up to 24 hours before the start of the Activity/Hire: 75% of the amount in the order confirmation.
d. In case of cancellation on the date of the Activity/Hire: 100% of the amount in the order confirmation.
7.2. If Participant postpones the Activity/Rent this will be considered a cancellation unless a new date is mutually agreed upon with SUP & SURF/ HOP & GO and agreement is reached regarding any additional costs incurred.
7.3. If performance of the agreement is delayed by Participant then SUP & SURF/ HOP & GO shall be entitled to charge Participant for the additional time in proportion to the agreed hourly price or to shorten the Activity/Rent without entitling Participant to any refund or discount.
7.4. Cancellation by SUP & SURF/ HOP & GO shall in no way render SUP & SURF/ HOP & GO liable to the Participant for damages. As soon as SUP & SURF/ HOP & GO becomes aware that the planned and agreed Activity/Rent cannot take place, respectively cannot take place in part, SUP & SURF/ HOP & GO shall be obliged to inform the Participant of this immediately (whether or not accompanied by an alternative offer). In the event that Participant renounces this alternative Activity/Rent then SUP & SURF/ HOP & GO shall be obliged to immediately refund the amounts received to Participant, unless an alternative offer has already been offered in the agreement to which Participant has agreed.
Article 8. Force majeure
8.1 In the event of force majeure, SUP & SURF/ HOP & GO shall be entitled either to suspend performance of the Agreement or to rescind the Agreement in whole or in part without being liable to pay any compensation to Participant.
8.2 In addition to its definition in the law and case law, force majeure in these General Terms and Conditions means all external causes, foreseen or unforeseen, over which SUP & SURF/ HOP & GO has no control but which prevent SUP & SURF/ HOP & GO from fulfilling its obligations. This includes, inter alia: strikes, death, fire, transport, obstruction, molestation and in general all unforeseen circumstances as a result of which compliance with the agreement can no longer be required of the contractor. This also applies in certain weather conditions.
8.3 SUP & SURF/ HOP & GO may invoke force majeure even after SUP & SURF/ HOP & GO has defaulted on one or more of its obligations under the Agreement.
8.4 In addition, SUP & SURF/ HOP & GO shall not be bound to perform any obligation if SUP & SURF/ HOP & GO is prevented from doing so as a result of a circumstance that is not attributable to its fault and is not for its account pursuant to law, a legal act or generally accepted practice. In such case, SUP & SURF/ HOP & GO is authorized to cancel bookings and reservations and suggest another date and time to the Participant.
Article 9. Payment
9.1. After the Activity/Rent has taken place, SUP & SURF/ HOP & GO will send an invoice to Participant. This invoice must be paid within 14 days.
9.2. If the term of payment is exceeded, Participant will owe interest from the due date of the invoice, without any notice of default being required, equal to the applicable legal commercial interest rate, which is fixed at at least 8% of the invoice amount for companies or the applicable legal interest rate, which is fixed at at least 2% of the invoice amount.
9.3 Upon expiry of this reminder, Participant shall be in default by operation of law and shall be obliged to reimburse in full the extrajudicial and/or judicial costs incurred as a result, whereby the extrajudicial costs shall be calculated in accordance with either the Law on Standardization of Extrajudicial Collection Costs and the associated decree or the Rapport Voor-werk II.
Article 10. Default and dissolution
10.1 If the Participant fails to perform, fails to perform properly or fails to perform on time any obligation arising for it from the Agreement concluded with SUP & SURF/ HOP & GO or the law, the Participant will be in default without notice of default and SUP & SURF/ HOP & GO will be entitled to suspend performance of the Agreement.
and/or rescind that Agreement and Agreements directly related thereto in whole or in part without SUP & SURF/ HOP & GO being liable for any damages and without prejudice to SUP & SURF/ HOP & GO’s other rights.
10.2 In the event of (provisional) suspension of payment or bankruptcy of the Participant, cessation or liquidation of the Participant’s business or – if the Participant is a natural person – placement of the Participant in receivership, all Agreements with the Participant will be terminated by operation of law unless SUP & SURF/ HOP & GO informs the Participant within a reasonable period that it requires performance of all or part of the Agreement(s) concerned, in which case SUP & SURF/ HOP & GO will be entitled, without notice of default being required, to suspend performance of the Agreement(s) in question. GO notifies the Participant within a reasonable period that it requires performance of all or part of the Agreement(s) in question, in which case SUP & SURF/ HOP & GO will be entitled, without notice of default being required, to suspend performance of the Agreement(s) in question until payment has been sufficiently secured, without prejudice to SUP & SURF/ HOP & GO’s further rights.
10.3 SUP & SURF/ HOP & GO shall be entitled to terminate the Agreement in the event of permanent force majeure on the part of the Participant. The Participant shall then reimburse SUP & SURF/ HOP & GO for all costs incurred and to be incurred by SUP & SURF/ HOP & GO.
10.4 In each of the cases mentioned in paragraphs 1, 2, 3 and 4, all SUP & SURF/ HOP & GO’s claims against Participant shall be immediately due and payable and Participant shall be obliged to immediately return rented or unpaid items and SUP & SURF/ HOP & GO shall be entitled to enter Participant’s premises in order to take possession of such items.
Article 11. Copyright and Portrait Rights
11.1. When participating in an Activity/Hire organized by SUP & SURF/ HOP & GO, photo and video footage will be shot. If Participant (or Participant of an Activity/Rent) does not wish to be photographed or filmed this must be expressly indicated to SUP & SURF/ HOP & GO in advance.
11.2. SUP & SURF/ HOP & GO reserves the right to post photos of the Activity/Rent on their website and/or social media accounts.
11.3. Of all products manufactured for the benefit of Participant, services provided, etc., SUP & SURF/ HOP & GO expressly retains any copyright or other intangible protection rights unless otherwise agreed in writing. Use or alternative use of designs and/or ideas of SUP & SURF/ HOP & GO is strictly prohibited unless SUP & SURF/ HOP & GO has given its express written consent and all conditions set by SUP & SURF/ HOP & GO in this regard have been fully complied with.
11.4. If Participant fails to comply with the provisions of the preceding paragraph, SUP & SURF/ HOP & GO shall be entitled, without further notice of default and/or judicial intervention, to an immediately due and payable penalty of EURO 10,000.00 (in words: ten thousand euro) per violation and €10.000.00 (in words: ten thousand euros) for each day or part thereof that such breach continues, subject to a maximum of EURO 100,000.00 (in words: one hundred thousand euros), without SUP & SURF/ HOP & GO being obliged to prove any loss and without prejudice to SUP & SURF/ HOP & GO’s right to claim damages if and in so far as the loss exceeds the amount of the penalties.
Article 12. Applicable law
12.1. The Agreement and these General Conditions as well as all that is mentioned in article 2 are exclusively governed by Dutch law. SUP & SURF/ HOP & GO is free to deviate from this and opt for the law of the country in which Participant is based or European law. Furthermore, SUP & SURF/ HOP & GO may similarly invoke the provisions of the Vienna Sales Convention. All this without prior notice to Participant.
12.2. All disputes arising from the Agreement or these General Terms and Conditions shall, to the extent not otherwise required by law, be subject to the judgment of the competent court in Nijmegen. Provided that SUP & SURF/ HOP & GO shall be entitled to bring claims, concurrent or otherwise, against Participant before other courts, which shall have jurisdiction over such claims.
12.3. If any provision of these Terms and Conditions or of the underlying Agreement should be wholly or partially void and/or invalid and/or unenforceable as a result of any statutory provision, court order or otherwise, this shall not affect the validity of all other provisions of these Terms and Conditions or the underlying Agreement.
12.4. If any provision in the Agreement or any part of the Agreement cannot be invoked as a matter of law, the remainder of the Agreement shall remain in full force and effect, provided that provisions in the part that cannot be invoked shall be deemed to have been amended so as to be invoked, leaving intact, to the extent possible, the intent of the parties with respect to the original provision or part.
Article 13. Additional Terms and Conditions for Agreement between HOP & GO and Participant regarding E-Chopper Rental.
13.1. When Participant rents an E-Chopper in execution of the agreement with HOP & GO, it is only provided to Participant who has reached the age of 18 years (or older) on presentation of a valid ID, valid moped license and/or car license and a completed and signed form. For valid moped license and/or car license, Participant must have held the E-chopper applicable license for at least 1 year and not have or have had a driving disqualification within the last 5 years. The foregoing will be verified by HOP & GO prior to rental. If Participant does not comply with this, Participant will not be able to rent an E-Chopper from HOP & GO. Subsequently, each Participant will be instructed both theoretically and practically prior to rental and Participant must demonstrate sufficient dexterity/skill with the E-Chopper prior to rental. If HOP & GO determines – in its sole discretion – that Participant does not have sufficient dexterity/skill to drive an E-Chopper or will not or cannot sufficiently follow the instructions, Participant will not be able to rent an E-Chopper from HOP & GO. If HOP & GO decides, subject to the foregoing in this paragraph, that Participant cannot use the E-Chopper, SUP & SURF/ HOP & GO shall be entitled to rescind the directly related Agreement(s) in whole or in part without SUP & SURF/ HOP & GO being liable to pay any compensation to Participant(s) and without prejudice to SUP & SURF/ HOP & GO’s further rights.
13.2 HOP & GO will only and exclusively assign the E-Chopper to Participant for the service of an individual use and/or tour and/or guided use, whereby Participant is prohibited from varying the purpose for any other use. Participant will be informed of the recommended routes and bike paths prior to rental.Improper use of an E-Chopper and failure to follow the rules of the road are the sole responsibility of Participant subject to the Agreement with HOP & GO. HOP & GO, in conjunction with the provisions of Article 6, is exempt from any imprudence that Participant may cause during the term of this contract.
13.3 Subject to and in application of Article 5.8, Participant is prohibited from transferring, lending or subleasing all or part of the E-chopper covered by this contract in favor of third parties, in which case HOP & GO has the right to terminate this contract without prejudice to HOP & GO’s right to claim the penalty described in Article 5.8.
13.4. HOP & GO is in no way responsible for any person other than Participant authorized by hiring this service, following the provisions of Article 6.
13.5. The E-Chopper are delivered completely refurbished and in perfect condition by HOP & GO for use by Participant, such that Participant has the obligation to return the E-Chopper in the same condition as it was delivered as further provided in Article 5.4. The E-Chopper is provided by HOP & GO for rental to Participant including license plate and third party insurance on the vehicle.
13.6. Participant, upon entering into the Agreement with HOP & GO, shall pay a deposit by cash or credit card, as a guarantee for the handling of the vehicle, which will be returned at the end of the contract after verification of the harmless return of the vehicle as stipulated in Articles 5.4 and 13.5. HOP & GO is not obligated to pay interest on this amount to Participant.
13.7. In addition to Article 5.5. any damage or breakage that occurs during the term of the Agreement to the E-Chopper shall be offset by Participant against the deposit of the Agreement, without prejudice to HOP & GO’s right to claim damages from Participant, if and to the extent the damage exceeds the deposit.
13.8. In agreements between Participant and HOP & GO, Participant is required to pay Rent to HOP & GO, notwithstanding any theft, for as long as the Agreement lasts. Theft in this regard is not limited to the offense description of art. 310 Sr, but applies to any taking away of the rented property by a third party and will be borne by Participant. In the event of theft, Participant is obliged, on a replacement basis, to reimburse HOP & GO within 48 hours for the new value of his/her rented property, which shall be reduced by any reimbursement from the insurer to HOP & GO. If, to bridge theft, other items and/or materials are supplied by HOP & GO to Participant in performance of the Agreement, Participant shall be required to pay the costs associated therewith to HOP & GO separately without prejudice to the new value compensation that HOP & GO shall receive from Participant.
13.9. The Agreement may be renewed at the end if both parties agree. If there is no extension, Participant is obliged to return the vehicle in the same condition as it was delivered, notwithstanding the provisions of Article 5.4. and Article 13.5.
13.10. In addition to Article 3.1.3. Participant will be charged the agreed price for E-Chopper Rental upon delivery of the vehicle and signing of the Agreement. The amount due must be paid by Participant immediately upon Agreement.
13.11. The maximum permitted speed with the E-Choppers is 25 km/h, this speed must not be exceeded under any circumstances. E-Choppers are subject to the general traffic laws in the Netherlands. These must also not be exceeded under any circumstances. E-Choppers are not allowed to use car (highway) roads, as E-choppers are required by law to use bicycle paths in the Netherlands. Under no circumstances can HOP & GO be held liable by Participant for improper use or non-compliance with this clause. Participant indemnifies HOP & GO against any claims in respect of any fines, surcharges and/or other (pecuniary) penalties of third parties, which might be imposed on HOP & GO for Participant’s failure to comply with the provisions of this Article and shall pay such fines, surcharges and/or other (pecuniary) penalties to such third parties or indemnify HOP & GO and assume liability. 13.12 Accidents and collisions committed by Participant with the E-Chopper are the responsibility of Participant without prejudice to the provisions of Articles 5 and 6 of these General Conditions. Participant shall indemnify HOP & GO against any claims in respect of any liability of third parties to HOP & GO, and Participant shall pay damages to such third parties or indemnify HOP & GO and assume the liability, to the extent not covered by Third Party Liability Insurance.
13.13. Participant is liable for all damages suffered by HOP & GO if Participant fails to promptly deliver the E-Chopper properly after termination of the Activity/Rent. Such damages shall amount to at least 30% of the new value of the items rented or made available in question and shall be immediately payable, without prejudice to HOP & GO’s authority to claim the damages actually incurred.
13.14 HOP & GO reserves the right to terminate the Agreement for Participant’s violation of any of the provisions of this Article.
Article 14. Additional Conditions for Agreement for Delivery (Delivery Time, Delivery, Risk)
14.1. In the event of an Agreement or the provisions of Article 2.1 pursuant to which SUP & SURF/ HOP & GO is required to deliver goods to Participant, the delivery period agreed in the offer/quotation and/or the Agreement shall not be deemed to be a strict deadline and shall only be indicated approximately, even in the event that the period stated is expressly accepted by Participant. In the event of late delivery, SUP & SURF/ HOP & GO shall therefore only be in default after written notice of default.
14.2. In any case, but not exclusively, the stated and/or agreed delivery period is automatically extended by the period(s) during which:
– There is a delay in manufacturing and/or shipping and/or assembly and/or any other circumstance temporarily preventing performance, whether or not this can be attributed to SUP & SURF/ HOP & GO;
– Participant fails in one or more obligations to SUP & SURF/ HOP & GO or there is a well-founded fear that he will fail to do so, whether or not the reasons are well-founded;
– Participant does not enable SUP & SURF/ HOP & GO to perform the agreement; this situation occurs, inter alia, if the Participant fails to communicate the place of delivery or to provide data, items or facilities necessary for performance.
14.3. Participant must take delivery and inspect the goods or services purchased from SUP & SURF/ HOP & GO (see Article 17. Warranty). If these goods are refused by Participant or delivery proves impossible, the goods will be stored by SUP & SURF/ HOP & GO at Participant’s expense and risk. The cost of storage shall be borne by Participant. SUP & SURF/ HOP & GO will demand performance but reserves the right to rescind the agreement without judicial intervention, without prejudice to SUP & SURF/ HOP & GO’s right to damages.
Article 15. Additional Terms and Conditions for Agreement to Perform Agreement (Repair, Maintenance, Damage Appraisal)
15.1. In the case of an Agreement or the provisions of Article 2.1. pursuant to which repair work will be performed by SUP & SURF/ HOP & GO, the Participant may require, before or at the time the repair order is given, an indication of the price of the work as well as the time within which the work will be performed. The quoted price and time period is approximate unless SUP & SURF/ HOP & GO agrees on a fixed price and/or time period. 15.2. An itemized bill will be issued of the work performed.
15.3. If the Participant has not picked up the goods within three working days of being notified of the execution of the order, SUP & SURF/ HOP & GO shall be entitled to charge a reasonable fee for storage costs.
15.4. The replaced parts will be made available to the Participant after execution of the order, if requested by the Participant when the order was issued. This does not apply to parts that must be segregated for warranty claims. In that case, the parts will be made available after the warranty claims have been settled and the Participant wishes to demonstrate by means of these parts that the warranty claims have not or (still) insufficiently been settled. In all other cases, the replaced parts become the property of SUP & SURF/ HOP & GO without Participant being entitled to any compensation. 15.5. If SUP & SURF/ HOP & GO has performed a damage appraisal, Participant will be charged 10% commission of the appraised amount. When the Participant provides SUP & SURF/ HOP & GO with the damage repair order, the pass-through 10% commission of the appraised amount will be waived.
15.6. SUP & SURF/ HOP & GO shall be entitled, without the consent of Participant, to subcontract the assignment or parts thereof to or have them performed by third parties not employed by SUP & SURF/ HOP & GO.
15.7. SUP & SURF/ HOP & GO shall perform the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
15.8. Participant shall ensure that all data which SUP & SURF/ HOP & GO indicates are necessary or which Participant should reasonably understand are necessary for the performance of the agreement are provided to SUP & SURF/ HOP & GO in a timely manner.
Article 16. Additional Terms and Conditions for Agreement for Delivery and/or Repair (Retention of Title)
16.1 As long as the Participant has not paid SUP & SURF/ HOP & GO in full for the items, parts, installations and/or work carried out supplied to it by SUP & SURF/ HOP & GO, they shall remain at the expense and risk of the Participant but the undisputed property of SUP & SURF/ HOP & GO. Delivery is therefore made under retention of title. This reservation shall apply in matters of claims for payment of all sums paid by SUP & SURF/ HOP & GO to Participant under any Agreement or the provisions of Article 2.1. goods delivered or to be delivered and/or work performed in connection with delivery, as well as in respect of claims due to Participant’s failure to comply with these agreements or the provisions of Article 2.1. 16.2 If a Participant violates any obligation under the Agreement or the provisions of Article 2.1. SUP & SURF/ HOP & GO will be entitled without further notice of default to take back the goods or materials, in which event the agreement will be terminated without judicial intervention, without prejudice to SUP & SURF/ HOP & GO’s right, if necessary, to claim compensation in or out of court for any loss suffered or still to be suffered by SUP & SURF/ HOP & GO, including loss suffered, loss of profit, interest, transport costs, etc.
16.3 SUP & SURF/ HOP & GO reserves the right to actually retain any items, tools, materials, cars, monies, securities, (financial) documents, etc. belonging to the Participant that it has in its possession under any title whatsoever until the Participant has complied in full with his/her financial and other obligations to SUP & SURF/ HOP & GO.
Article 17. Additional Terms and Conditions for Agreement for Delivery and/or Repair (Warranty)
17.1. SUP & SURF/ HOP & GO shall be deemed to have fulfilled its obligations when the products it supplies meet the requirements of normal commercial quality. If the product is second-hand, Participant will be notified of this and declares that Participant is familiar with it and the product will meet the requirements of normal trade quality for second-hand products.
17.2. No warranty may be invoked by Participant unless Participant uses the product in the properly prescribed manner. This is in any case the case when used in accordance with the product information relating to the product supplied by SUP & SURF/ HOP & GO.
17.3. The warranty does not extend to and/or is not valid when:
(a) Defects resulting from failure to (strictly) observe the installation, operation and maintenance instructions;
(b) Defects resulting from exposure of the products to abnormal, unforeseeable conditions or as a result of otherwise careless and/or incompetent handling of the products;
(c) Defects resulting from the usual wear and tear that the product undergoes;
(d) Defects resulting from the application of any government regulation on the nature or quality of the materials used;
(e) Defects arising as a result of the use of products, materials, goods, works and/or constructions used or applied at the express request/instructions of the other party;
(f) Defects arising from the use of third party involved parts;
(g) Participant is in default vis-à-vis SUP & SURF/ HOP & GO;
(h) Participant has not given SUP & SURF/ HOP & GO the opportunity to investigate the defect within 10 business days of discovery;
(i) One year after delivery has elapsed.
17.3. SUP & SURF/ HOP & GO gives no warranty as to the operation and/or applicability of products supplied or re-supplied by Participant to third parties or of products modified by Participant and subsequently supplied or re-supplied to Participant.