Terms & Conditions for Athletes

• SportsFINDR: the company SportsFINDR, registered with the Dutch Chamber of Commerce (KvK) under number 42118211.
• Platform: the website, application and all associated services of SportsFINDR.
• Athlete: any natural person who books a sports activity, sports lesson or sports coaching via the Platform.
• Instructor: any natural person or business that offers sports activities, lessons, coaching, guidance or other sports-related services via the Platform.
• Booking: a reservation between an Athlete and an Instructor concluded via the Platform.
• Activity: the sports activity, lesson, coaching or guidance that is the subject of a Booking.

2.1 These terms apply to every relationship between the Athlete and SportsFINDR, including account registration, platform use, Bookings, payments and reviews.

2.2 In addition to these terms, the Terms & Conditions Website & Platform apply. In the event of any conflict, these Terms and Conditions for Athletes prevail.

3.1 SportsFINDR is an online marketplace that connects Athletes and Instructors. SportsFINDR acts exclusively as a technical and administrative platform.

3.2 SportsFINDR is not a sports school, sports club or training institute, is not an employer of Instructors, does not give sports lessons, does not provide sports services, does not organise sports activities and does not act as an instructor.

3.3 The agreement for the Activity is concluded directly between the Athlete and the Instructor. This agreement covers, among other things, the performance of the Activity, the content of the lesson, safety during the Activity, the use of equipment and practical arrangements relating to the Activity. SportsFINDR is not a party to this agreement.

4.1 An account is required to place a Booking. The Athlete warrants the accuracy of the information provided.

4.2 A Booking is concluded as soon as the Athlete has completed the booking process on the Platform and the Instructor has accepted the Booking, or — in the case of instantly bookable offers — as soon as the Booking has been confirmed via the Platform.

4.3 The Athlete receives a confirmation of the Booking via the Platform or by e-mail. The content of the instructor profile and the offer as displayed at the time of booking determines what has been agreed between the Athlete and the Instructor.

4.4 Where the first contact between the Athlete and the Instructor was established via the Platform, active Bookings may not be settled or paid outside the Platform. SportsFINDR may restrict, suspend or terminate accounts in the event of violation.

5.1 The prices displayed on the Platform are the prices set by the Instructor, including VAT unless stated otherwise.

5.2 Payment is made via the Platform. SportsFINDR thereby acts exclusively as a limited payment agent on behalf of Instructors for receiving and forwarding payments. Payment via the Platform constitutes a discharging payment to the Instructor. The Instructor remains the provider of the sports service; SportsFINDR does not sell, provide or organise sports activities.

5.3 A fixed portion of every Booking is donated to a local charitable cause linked to the location of the Booking, as further explained on the Platform.

6.1 The Athlete may cancel or change a Booking in accordance with the cancellation conditions stated with the relevant offer on the Platform.

6.2 The Instructor may cancel a Booking due to force majeure, safety reasons or weather conditions as referred to in this article.

6.3 The Instructor alone assesses whether the weather and water conditions permit a safe and meaningful performance of the Activity. This assessment is made on the basis of objective, verifiable data, such as wind forecasts and measurements from a recognised weather source (e.g. Windguru, Windy or the KNMI), measured against the suitable conditions stated with the offer (such as the minimum and maximum wind strength for the relevant Activity). A cancellation on this ground does not constitute a breach by the Instructor or by SportsFINDR.

6.4 Cancellation due to weather conditions takes place preferably no later than 24 hours before the start and in any event no later than 2 hours before the start of the Activity, stating the substantiation. Cancellation less than 2 hours before the start is only permitted in the event of suddenly changed circumstances that make safe performance impossible. The safety of the Athlete prevails at all times; nothing in these terms restricts the Instructor from making a safety decision on site.

6.5 In the event of a justified cancellation due to weather conditions, the Athlete is entitled, at the Athlete's own choice, to: (a) rescheduling the Activity free of charge to a new time, in consultation with the Instructor; or (b) a full refund of the amount paid for the Booking. Refunds are made within 14 days via the original payment method.

6.6 In the event of a cancellation due to weather conditions, the Athlete has no claim to compensation for other costs or damage, including travel and accommodation costs, except to the extent that mandatory law provides otherwise.

6.7 The right of withdrawal for consumers in distance contracts does not apply, pursuant to Article 6:230p(e) of the Dutch Civil Code, to services relating to leisure activities performed on a specific date or during a specific period.

7.1 The Athlete is responsible for:

• their own health and physical fitness;
• honestly providing relevant information, including about experience, level and health insofar as relevant to the Activity;
• following the instructions of the Instructor;
• having any required insurance;
• assessing whether participation is appropriate for their own level;
• their own equipment and its maintenance and suitability.

7.2 The Athlete remains responsible for assessing the suitability of an Instructor, the suitability of an Activity and their own physical condition and experience.

8.1 Sports activities, in particular (water) sports such as kitesurfing, involve inherent risks. The Athlete acknowledges that participation in sports activities may involve risks, that participation is voluntary and that SportsFINDR is not a performing party in the Activity.

9.1 SportsFINDR exclusively facilitates the display of certifications, diplomas, experience and qualifications on instructor profiles. The Instructor is fully responsible for the accuracy of this information.

9.2 SportsFINDR does not guarantee that profile information is accurate or up to date, or that certifications are valid, and does not give any recommendation or endorsement of Instructors. References to certifications, qualifications, experience or verification status do not constitute any guarantee of quality, safety or suitability.

The Athlete is responsible for appropriate insurance, including travel insurance, sports insurance, accident insurance and other personal insurance. SportsFINDR does not facilitate insurance and does not check whether the Athlete is insured.

Persons under the age of 18 may only use the Platform and participate in Activities with the consent of a parent or legal representative. The parent or legal representative is responsible for the Booking and compliance with these terms.

12.1 The Athlete may post a review after an Activity. Reviews must be truthful, based on actual Bookings and respectful.

12.2 SportsFINDR may remove reviews in the event of insults, discrimination, deception, fake reviews or unlawful content.

13.1 SportsFINDR is not responsible or liable for injuries or accidents, material damage, loss or theft of property, acts of Athletes or Instructors, the quality of lessons or Activities, weather conditions, local conditions at the lesson location or the accuracy of information provided by Instructors; all of the foregoing except in cases of intent or gross negligence on the part of SportsFINDR.

13.2 SportsFINDR cannot be held liable for damage, injury, loss or other consequences arising from participation in an Activity, acts of an Instructor or Athlete, use of equipment or conditions at the location.

13.3 SportsFINDR gives no guarantee regarding the quality of an Instructor, the safety of an Activity, the achievement of results or the accuracy of profile information.

13.4 Nothing in these terms limits rights to which the Athlete is entitled as a consumer under mandatory law.

14.1 SportsFINDR is not a party to disputes between Athletes and Instructors. The parties must first attempt to resolve disputes between themselves.

14.2 SportsFINDR may, at its own discretion, mediate, temporarily withhold payments, investigate reviews and temporarily restrict or remove accounts. SportsFINDR is not obliged to make a binding decision.

None of the parties involved can be held liable for the non-performance of Activities as a result of circumstances beyond reasonable control, including extreme weather conditions, natural disasters, government measures, safety risks, war or social unrest, epidemics or pandemics and other unforeseen circumstances that make performance reasonably impossible.

All agreements between the Athlete and SportsFINDR are governed by Dutch law. Disputes will be submitted to the competent court in the Netherlands, without prejudice to the consumer's right to opt for the court having jurisdiction by law.

SportsFINDR — Dutch Chamber of Commerce (KvK) 42118211 — info@sports-findr.com