General Terms and Conditions – Flyboard Dreams
1. Definitions and applicability
1.1 In these general terms and conditions the following terms shall have the following meanings: Flyboard Dreams: the performer of flyboard and water shows. Client: the natural or legal person who enters into an agreement with Flyboard Dreams. Agreement: any agreement, quotation or booking between Flyboard Dreams and the client.
1.2 These general terms and conditions apply to all offers, quotations, agreements and performance of shows by Flyboard Dreams.
1.3 Deviations from these conditions are only valid if confirmed in writing by Flyboard Dreams.
1.4 The applicability of any general terms and conditions of the client is explicitly rejected.
2. Conclusion of the agreement
2.1 An agreement is concluded after written confirmation (including e-mail) by Flyboard Dreams.
2.2 Quotations are without obligation, unless expressly stated otherwise, and valid for the period stated therein.
3. Safety and performance
3.1 The safety of artists, employees, audience and third parties has absolute priority at all times.
3.2 Flyboard Dreams is entitled to cancel, interrupt, shorten or modify the performance in whole or in part if, in its opinion, there are unsafe conditions, including but not limited to: weather conditions (such as wind, thunderstorms, storms or limited visibility); insufficient water depth or water quality; presence of the public, vessels or obstacles within the safety zone; technical, logistical or organizational risks.
3.3 Decisions regarding safety are reserved exclusively for Flyboard Dreams and are binding on the client.
3.4 If possible, the show will be rescheduled in consultation. Rescheduling or cancellation on the grounds of safety does not entitle to a refund or compensation.
4. Obligations of the client
4.1 The client guarantees that: the location meets all technical and safety requirements; a minimum water depth of 2 meters is present; a sufficiently spacious safety zone is set up and maintained; safe access and clear sailing routes for jet skis and equipment are available; all necessary permits, permissions and notifications have been obtained in a timely manner.
4.2 The client shall ensure that clear instructions are provided to the public, staff and any security regarding safety measures.
4.3 If it appears that these obligations have not been met, Flyboard Dreams is entitled to refuse or terminate the performance without this leading to any liability or refund.
5. Cancellation by the client
5.1 Cancellation must be made in writing or by email.
5.2 In the event of cancellation, the client owes the following fees: cancellation on the day of the event: 100% of the agreed amount; cancellation up to 7 days before the event: 50% of the agreed amount.
5.3 Without prejudice to the foregoing, Flyboard Dreams reserves the right to fully charge for costs already incurred.
6. Force Majeure
6.1 Force majeure is understood to mean any circumstance beyond the control of Flyboard Dreams that makes fulfillment of the agreement temporarily or permanently impossible.
6.2 This includes, but is not limited to: extreme weather conditions, technical failures, illness or absence of personnel, government measures, transport problems, calamities and other unforeseen events.
6.3 In the event of force majeure, Flyboard Dreams is entitled to change, suspend, move or terminate the agreement without being liable for any damages.
7. Liability and Indemnity
7.1 Participation in and attendance at the show is entirely at the own risk of the client and visitors.
7.2 Flyboard Dreams is only liable for direct damage that is the direct result of intent or gross negligence on the part of Flyboard Dreams, to the exclusion of any other form of liability.
7.3 Any liability is limited to the amount paid out in the relevant case by Flyboard Dreams’ liability insurance, plus the deductible.
7.4 The client fully indemnifies Flyboard Dreams against all claims from third parties, including visitors, participants and government agencies, arising from or related to the performance of the agreement.
8. Insurance
8.1 The client is responsible for taking out adequate insurance to cover liability, damage, and risks arising from the event.
8.2 Flyboard Dreams is not obligated to accept or acknowledge any additional insurance taken out by the client.
9. Payment
9.1 Payment must be made in accordance with the agreements in the quotation or invoice.
9.2 Flyboard Dreams is entitled to suspend the performance of the show if the client is unable to perform the show.
9.3 All judicial and extrajudicial collection costs shall be borne by the client.
10. Applicable law and disputes
10.1 All agreements are exclusively governed by Dutch law.
10.2 Disputes arising from or related to this agreement shall be submitted exclusively to the competent court in the district where Flyboard Dreams is established.
11. Final provision If any provision of these general terms and conditions proves to be null and void or voidable, the remaining provisions shall remain in full force and effect. In that case, the null and void or voided provision shall be replaced by a provision that approximates the intention of the original provision as closely as possible.