Terms of use
General Terms of Business for Folkerts Trading
Folkerts Trading SLU and its brand names (FT below) offers the following services:
Surfing, kiting, as well as lessons, clinics and courses.
Renting-out of watersports equipment as well as other types of sports equipment.
Renting-out of storage containers for windsurfing and kitesurfing equipment.
Organizing sporting events, trainings or other related activities.
Conclusion of the Contract
With this declaration FT offers its party to the contract a binding conclusion of a service and/or a rental contract.
The declaration is valid through the party to the contract for all other participants listed in the booking.
For minors the legal obligation comes into effect with written agreement from the legal guardian.
The contract comes into effect through its acceptance by FT within 10 days.
FT sends a booking confirmation with payment terms upon contract conclusion.
If the booking confirmation differs from the reservation, a new offer is made that must be accepted within 10 days.
Party to the Contract, Hirer, Participants
The party to the contract is the person who made the registration via the website or directly.
The hirer is the one who registered for hiring watersports equipment or a storage box.
Participants include all persons covered by the contract, including the registrant.
Participants must be able to swim unaided for at least 15 minutes in open water.
For minors, this requirement must be confirmed by a legal guardian.
Terms and Methods of Payment
Payment must be made 4 weeks in advance, or immediately for last-minute bookings.
Payment options include credit card (Visa, Mastercard), bank transfer, and others via the booking system.
Any bank charges are the responsibility of the party to the contract.
Booking confirmation is sent once payment is received.
In case of non-payment despite reminder, FT may cancel the contract and claim compensation (see section 6.2).
The party to the contract is not liable if non-payment is not their fault.
Services
The scope of services is defined in the booking confirmation.
Changes to Services and Pricing
Changes may occur up to 3 working days before contract start and must be reasonable.
Withdrawal by the Party to the Contract
Withdrawal must be made in writing (letter, email, fax).
FT can claim compensation based on these percentages:
More than 31 days before rental: 50%
30 days or less: 70%
7 days or less: 100%
The client may contest this if lower damages can be proven.
FT may claim higher compensation if proven.
Lack of suitable conditions (e.g., no wind) is at the client’s risk.
Only official medical proof of disability may result in a credit voucher.
Cancellation or Contract Changes by Folkerts Trading
FT may cancel the contract without notice in case of breach, danger, or disruption.
No repayment is given in such cases.
Poor skills or ignoring staff instructions may lead to cancellation without refund.
Individual lessons from group bookings are shortened to 45 minutes if one participant is present.
Cancelled course payments are refunded via credit voucher only.
Same rules apply for unsuitable conditions as in section G.
Collection and Use of Rented Items
Conditions are outlined in sections (1) to (3).
Disclaimer
FT is not responsible for damages unless:
There is injury to life, body or health from negligent or intentional actions.
Damages are caused by major negligence or deliberate acts.
Observance of Safety Rules
All parties must follow the instructions of FT staff.
Participants must understand and follow watersport safety rules.
Damage from negligence or rule-breaking must be paid by the participant.
Liability and equipment insurance are strongly recommended.
Applicable Law
Spanish law applies.
Severability Clause
If a clause is invalid, the rest remains valid.
Parties must agree to a substitute clause that reflects the original intent.