Our terms in short

Too busy to read our complete general terms and conditions? Below, KiteActive has summarized a few important and frequently asked topics for you. Please note: only the full general terms and conditions are legally binding.

Booking

▪ After your booking, we have an agreement. KiteActive must receive the deposit within 48 hours to confirm your booking. The remaining balance must be paid no later than 6 weeks before the trip starts.
▪ Are you under 18? Then a parent/legal guardian must approve the trip.

Requests

▪ If you have specific (but reasonable) requests that differ from our standard offer, we will try to accommodate them as much as possible. We are only bound to these exceptions if we have explicitly confirmed them in writing.
▪ Additional costs may be associated with these specific requests or exceptions. We will clearly communicate these in advance.
▪ Are there important (medical) details? Please let us know so we can assess whether we can take them into account during your trip.

Vitality

▪ Make sure you are fit and vital, as the activities require high physical effort!
▪ You must be healthy when participating in our trips and activities so you do not pose a risk to yourself or others. In case of doubt, consult your doctor (and KiteActive) in advance to check if you can safely participate.
▪ If we consider participation irresponsible, we reserve the right to exclude you. Such a decision will always be communicated with you by email or on location. When in doubt, check with us first – some trips require extra effort (e.g. TVTAS / IJsselmeer crossing).

Instructions & rules

▪ For everyone’s safety it is very important that you follow the instructions of our instructors and guides.
▪ KiteActive expects everyone to behave properly and respectfully towards others. Please follow the general terms and house rules and show respect for fellow travelers, crew, and nature.
▪ Rules regarding alcohol depend on the trip, the destination, and your age (ask your trip leaders). These are communicated in the house rules and may vary per trip. In addition, we always follow the legal rules regarding alcohol.
▪ The possession and use of drugs/narcotics are not allowed during the entire trip.

Exclusion

▪ If necessary and/or if an incident occurs that prevents further participation, we may be forced to deny you access to an activity or trip. KiteActive and its crew will make a fair judgment and, if possible, first give a warning.

Travel documents & insurance

▪ You are responsible for the required travel documents. Make sure your documents (passport, ID, visa, etc.) and, for some countries, recommended or required vaccinations are in order.
▪ Make sure you have proper travel and cancellation insurance that covers all activities. We can help you arrange a suitable insurance.

Equipment

▪ Rented equipment must and can only be returned to us.
▪ Equipment is handed out on the day of arrival or the next possible day, and must be returned on the day of departure (or the day before, if necessary due to departure times).
▪ You remain fully liable for the rented equipment during the rental period.
▪ Theft, loss, or damage must be reported to us immediately.
▪ Non-returned or irreparably damaged equipment must be compensated at retail value, preferably settled on-site by the renter. If insured, this will be handled together with the insurance company.
Formula for compensation:
o Current season equipment: 100%
o 1 season old: 80%
o 2 seasons old: 60%
o 3 or more seasons old: 40% of retail value.
▪ You are responsible for arranging (travel) insurance that covers equipment damage (ask us for advice!).

Cancellation

▪ You may cancel before the trip. If we have already incurred costs, you will need to cover cancellation fees.
▪ Cancellation fees:
– up to 56 days before departure: deposit (40% of total booking)
– from 56 days (incl) to 28 days before departure: 60% of total booking
– from 28 days (incl) to 14 days before departure: 85% of total booking
– from 14 days (incl) before departure: 100% of total booking.
▪ You can transfer your booking to someone else who wishes to join. Any additional costs will be charged.
▪ We reserve the right to cancel a trip without reason. You will then receive a full refund (or a voucher, if you prefer).

Changes

▪ If you want to make changes to your booking after it has been made, this is possible in many cases in consultation with us. KiteActive reserves the right to reject changes. A €30 change fee applies per modification. Any additional costs will be charged.

Weather-related changes

▪ Our trips and activities are highly weather-dependent and are adjusted to local conditions, skills, health, and participant experience. Therefore, there may be no-wind days or alternative activities. KiteActive is not liable for cancellations due to weather or other uncontrollable circumstances.
▪ Sometimes we may be forced to change (parts of) the trip. We will always aim to find a good alternative.

Risk & liability

▪ All our activities are fun and exciting, but they are also risky sports where accidents can happen. Even though KiteActive minimizes risks as much as possible and acts carefully, things can still go wrong. By joining our activities, you accept this risk yourself. KiteActive is not liable for any damages or injuries resulting from participation. Together, we keep risks as low as possible – so please follow instructions and rules!
▪ We are not liable for events/damages that cannot be attributed to us (e.g. force majeure).
▪ Liability limitations are included within the boundaries of the law. This includes exclusions for damages that are not insured.
▪ Claims must be submitted in time. Claims submitted more than 2 months after return will not be processed.
▪ You are responsible for damages you cause. KiteActive is not!

Complaints

▪ We are always open to feedback! If something bothers you or you want to share feedback, please let us know on-site as soon as possible. Only then can we try to resolve it during your trip.
▪ We prefer complaints/feedback to be shared during the trip. This way, we can provide the best solution. Complaints made one month after the end of the trip often cannot be processed.

Other

▪ If you encounter problems during the trip, we will do our best to help.
▪ Dutch law applies exclusively.
▪ All disputes arising from an offer and/or agreement will be submitted to the court in Leeuwarden.

KiteActive General Terms and Conditions

Article 1 – DEFINITIONS
1.1 In these terms and in the agreement, the following definitions apply:
Services: The services provided by the company.
Agreement: the agreement (including these terms) under which the company provides services to the client and participant.
Terms: these general terms and conditions.
Rules: The set of rules governing order and safety during services on site.
Client: any person who enters into an agreement with the company for themselves or on behalf of third parties.
Participant: any person who participates in or uses a service or product organized by KiteActive.
Company: KiteActive, located at Schans 12A, Lemmer, registered at the Chamber of Commerce under number 72054670.
Guide: the person executing the service on behalf of the Company, including camp leaders and instructors (excluding subcontractors).
Subcontractors: any non-employee performing work for the company, including external service providers delivering services on behalf of the company to the client or participant.
Written: in writing or electronically (e.g. email or SMS, but not via WhatsApp, Facebook, or other social media).
Business days: Monday to Friday, excluding Dutch public holidays, between 9 AM and 5 PM CET.

Article 2 – APPLICABILITY OF TERMS
2.1 KiteActive’s terms apply to all offers, quotations, and agreements of the company with customers/consumers.
2.2 By entering into an agreement with KiteActive (including guides and instructors), making use of services, or paying the price, the client accepts these terms. By signing a participation form, entering the premises, or using the services, the participant accepts these terms.
2.3 Deviations from these terms can only be made if explicitly stated in writing and signed by the Company’s management. Deviations regarding liability limitations are only valid if explicitly confirmed by management.
2.4 If a client registers other participants, they are responsible for informing them of these terms before or at the start of the service. The client and participants indemnify KiteActive for consequences of not providing the terms in time.
2.5 KiteActive ensures accessibility of these terms by publishing them on its website.

Article 3 – OFFER AND AGREEMENT
3.1 Services offered include only what is explicitly described in quotations/offers by KiteActive.
3.2 Each offer is subject to availability.
3.3 All quotations and offers are non-binding and revocable. Even after acceptance, KiteActive may cancel or amend within 48 hours of reservation.
3.4 Obvious errors do not bind the Company. Clients must verify pricing/information if in doubt.
3.5 The agreement is established when the client accepts the offer.
3.6 No cooling-off period applies to the Client.
3.7 The Company sends a booking confirmation within 1 week after receiving the booking.
3.8 A person booking on behalf of others is jointly liable for obligations. Participants are liable for their own share.
3.9 Clients/participants must provide special details (e.g. allergies, medical info). The Client indemnifies the Company for claims caused by failing to provide such information.
3.10 Bookings for minors must be signed by a parent/guardian. The Client indemnifies the Company for claims if not complied.

Article 4 – PRICE
4.1 Prices are per person and include VAT, unless otherwise specified.
4.2 Prices include unavoidable additional costs (e.g. tourist taxes). If not, it will be explicitly stated.
4.3 KiteActive may require a deposit. This may be used to offset damages or outstanding payments.

Article 5 – PAYMENT & DEFAULT
5.1 Deposit must be paid within 1 week after invoice.
5.2 Remaining payment must be made at least 6 weeks before the trip.
5.3 Bookings made within 6 weeks of departure must be paid in full immediately.
5.4 If payment is not made in time, statutory interest is charged on the outstanding amount.
5.5 In case of default, collection costs will be charged according to Dutch law.
5.6 If the participant is in default, KiteActive may suspend obligations until full payment is received.
5.7 Failure to pay before the first service may result in exclusion or cancellation, with applicable cancellation fees (article 10).

Article 6 – INFORMATION
6.1 Travel duration is stated in full days, counting both departure and return days.
6.2 Wishes of the participant are only binding if confirmed in writing by KiteActive.
6.3 Medical or essential requirements must be communicated as conditions before the agreement is concluded. KiteActive must accept or reject within a reasonable time (7 days).
6.4 Before departure, KiteActive provides a “Ready to go” email with visa/travel document info.
6.5 The participant is responsible for obtaining travel documents in time.
6.6 Participants must have required documents (passport, visa, vaccination proof, etc.) throughout the trip. KiteActive is not liable.

Article 7 – OBLIGATIONS OF CLIENT & PARTICIPANTS
7.1 Trips require physical/mental effort and concentration. Participants must be fit. In doubt, consult KiteActive or a doctor.
7.2 Participants must disclose relevant personal circumstances (especially medical) in advance.
7.3 If participation is deemed unsafe, KiteActive may exclude the participant without refund. Extra costs are the participant’s responsibility.
7.4 Participants must follow rules, instructions, and respect fellow travelers, staff, and nature.
7.5 Failure to comply or causing disturbance/danger may lead to exclusion without refund. Extra costs remain the participant’s responsibility.
7.6 Participants are liable for damages caused by their behavior. Clients/participants indemnify KiteActive for third-party claims.
7.7 Many activities are considered extreme sports. Standard insurance may not cover these. Participants must arrange adequate insurance covering the services.
7.9 Participants with reduced mobility, pregnant women, minors traveling alone, or those with illnesses must inform KiteActive as soon as possible.

Article 8 – RENTAL & USE OF EQUIPMENT
8.1 Equipment is provided after full payment, at agreed time and place.
8.2 The participant is responsible for proper use.
8.3 Missing parts must be reported immediately, otherwise considered complete.
8.4 Defects making safe use impossible must be reported immediately for replacement/repair.
8.5 External repairs require prior approval from KiteActive.
8.6 Equipment must only be returned to KiteActive. Issued at arrival day, returned on departure day. Leaving equipment unattended does not release responsibility.
8.7 Theft, loss, or damage must be reported immediately. Participant is fully liable. Replacement value owed if irreparable/lost: current season 100%, 1 season old 80%, 2 seasons old 60%, 3+ seasons 40%.
8.8 Failure to return on time results in regular rental fee plus 50% surcharge.

Article 9 – CHANGES BY CLIENT
9.1 Client may request changes in writing. The Company may reject requests if unreasonable.
9.2 For changes, the client pays resulting costs plus €30 admin fee, unless otherwise agreed.

Article 10 – CANCELLATION OF THE SERVICE BY CLIENT
10.1 The Client may cancel the agreed Services in writing before the start.
10.2 If no flight is included, the following cancellation fees apply:
a. up to 56 days before departure: deposit;
b. from 56 days (incl) to 28 days before departure: 60% of the price;
c. from 28 days (incl) to 14 days before departure: 85% of the price;
d. from 14 days (incl) before departure: 100% of the price.
If a flight is included, 100% of ticket costs will be added to the above.
10.3 If one booking includes multiple persons and part of them cancels, KiteActive will assess losses and propose a solution. KiteActive may charge full losses to the participant.
10.4 This article is subject to Dutch Civil Code 7:509 paragraph 3.

Article 11 – SUBSTITUTION
11.1 A participant may be replaced by another person if:
a. the substitute meets all conditions of the agreement;
b. the request is made at least 7 days before start;
c. service providers involved do not object.
11.2 Both the original participant and the substitute are jointly liable for payment, change fees, and extra costs.

Article 12 – PRICE CHANGES
12.1 KiteActive may change prices before the start due to changes in taxes or government levies.

Article 13 – PROGRAM ADJUSTMENTS
13.1 All Services are subject to adjustments due to weather, local conditions, skills, health, and participant experience. Risks of these adjustments lie with the participant.
13.2 Services, adapted or not, will generally proceed even in bad weather.
13.3 Unsafe conditions include, but are not limited to: extreme temperatures, too much/little wind, storms, unsuitable water levels, or strong currents. KiteActive and its guides decide if a Service can safely proceed.

Article 14 – CANCELLATION BY COMPANY
14.1 KiteActive may cancel if minimum required participants are not met. In this case, only already paid amounts will be refunded.

Article 15 – FORCE MAJEURE
15.1 KiteActive is not obliged to execute the agreement if impossible or excessively costly due to unforeseen and unavoidable circumstances (“force majeure”), such as war, terrorism, political unrest, natural disasters, strikes, blocked roads/passes, closed areas/beaches, bans, or extreme weather. In such cases, KiteActive may terminate the Agreement entirely or partially, and each party bears its own losses.

Article 16 – PARTICIPANT’S OWN RISK & COMPANY LIABILITY LIMITATION
16.1 The services offered carry unavoidable risks of damage or accidents. Despite careful action by KiteActive, risks of injury or death cannot be excluded. Insurance coverage of KiteActive is limited. Therefore, personal risk is inherent to participation.
16.2 KiteActive is not liable for damage or events not attributable to it, including:
a. circumstances attributable to the participant, such as:
– poor health/fitness;
– inadequate personal equipment;
– incorrect actions/inactions;
– overestimating abilities;
– careless or reckless behavior;
– ignoring instructions;
– failing to follow safety rules;
– participation under influence of alcohol, drugs, or medicines;
– misclassification in wrong category;
– providing false information about experience/skills.
b. acts and influences of third parties not involved in the Agreement;
c. force majeure.
16.3 Any liability is limited to three times the service price, unless damage involves death or injury.
16.4 If an international treaty applies, liability is limited according to that treaty.
16.5 Liability is in any case limited to the coverage of KiteActive’s insurance plus deductible, unless unlawful under mandatory law.
16.6 KiteActive is not liable for damages covered by participant’s insurance (health, travel, cancellation).
16.7 Exclusions do not apply in case of intent or deliberate recklessness by KiteActive.
16.8 Limitation periods for liability claims are one (1) year, unless unlawful.
16.9 Rights of claim expire after one (1) year, unless unlawful.

Article 17 – COMPLAINTS
17.1 If the participant notices a shortcoming in execution, they must report it immediately or as soon as possible during the Service to KiteActive or local guide for resolution.
17.2 If unresolved on site, complaints must be submitted in writing within 1 month after the Service.
17.3 Failure to timely complain may affect compensation, unless KiteActive’s interests were not harmed.

Article 18 – PETS
18.1 Pets are not allowed on KiteActive premises or accommodation unless stated otherwise.
18.2 Some accommodations/campsites may allow certain pets under their own rules.
18.3 If allowed, pets must be registered with KiteActive, who will pass it on to service providers. Approval may still be denied. KiteActive is not responsible for the pet’s stay.
18.4 Unregistered pets will be denied access.
18.5 Bringing pets is entirely at the owner’s and main booker’s risk. They are jointly liable for any damage/injury caused by the pet. They indemnify KiteActive against third-party claims.
18.6 Pet owners will usually be placed in pet-allowed accommodation. Pets are not allowed in bedrooms/sleeping areas. Owners must provide a place for their pet.
18.7 Additional instructions or house rules may apply on site and must be followed.
18.8 Pets causing nuisance may be denied access.

Article 19 – OTHER PROVISIONS
19.1 Employees, subcontractors, and third parties involved in the Agreement may invoke these Terms (including liability exclusions).
19.2 No content from the website, offers, agreements, social media, or other information of KiteActive may be published or reproduced without permission.
19.3 If mandatory law invalidates a clause, parties are deemed to have agreed on a valid one closest in meaning.
19.4 Dutch law applies exclusively, unless contrary to mandatory law.
19.5 For consumers residing outside the Netherlands: if services are provided partly/entirely in your country of residence, and KiteActive targets its activities there, despite Dutch law, you remain entitled to protections under your national consumer law.
19.6 Dutch courts have exclusive jurisdiction, unless contrary to mandatory law.