General terms and conditions Duckwing

These are the general terms and conditions (hereinafter: “General Terms and Conditions”) of Duckwing with registered office at R.Borremansstraat 50, 3040 Huldenberg and registered in the KBO under number BE0780262951. (Hereinafter: “Duckwing”).

Article 1 – Scope

These General Terms and Conditions apply to every offer, every quotation and every agreement concluded with regard to products and/or services offered by us.

These General Terms and Conditions apply to the exclusion of the Customer's general terms and conditions.

Article 2 – Quotations

Our quotations are purely indicative and without obligation and will expire if they are not accepted by the Customer within 30 calendar days. Quotations only become legally valid as an agreement once the quotation has been signed by the Customer and by us. We also reserve the right to refuse certain orders without giving reasons.

Article 3 – Price and payment

Activities :

After registering for an activity, you will receive a confirmation and a request for payment of the deposit or balance. This amount must be paid within 8 days. This commits oneself to the conditions described in this document.
The balance must be paid at least 1 week before the start of the activity.

Quotations :

The price for our goods/services is that stated in the quotation.

All our invoices are payable within 14 days of receipt, unless the quotation specifies a different due date. If we request an advance payment, we will only commence our activities after receipt of the advance payment.

For any delay in payment, the Customer owes late payment interest of 1% per month commenced from the due date of the invoice, by operation of law and without prior notice of default, whereby each commenced month counts as a full month and without prejudice to any damages and costs. A lump sum compensation of 10% of the invoice amount with a minimum of 250 euros as damages is also due by operation of law and without prior notice of default, without prior notice of default and in addition to the principal sum, late payment interest, collection, reminder, prosecution costs and expenses. as a result of loss of time and judicial or legal costs. This compensation clause does not affect the obligation to pay the agreed late payment interest.

Disputes must be communicated to us by registered letter within five working days after sending the invoice, under penalty of inadmissibility.

Article 4 – Cancellation, duration of the agreement, and termination

Cancellation :

Cancellation by participant:

50% costs will be charged up to 8 days before the start. If you cancel less than 8 days, 100% will always be charged.

Cancellation by organizer:

Since mainly outdoor activities are organized, Duckwing has the right to cancel due to bad weather conditions. This is for safety reasons. The activity can also be canceled if there are not enough participants. Another date or refund will then be provided. This does not lead to the participant claiming compensation.

All our agreements are entered into as described in our quotations. The agreement can be terminated by us at any time unilaterally and without judicial intervention if the Customer is in a state of bankruptcy or judicial settlement or if the customer does not pay his invoices.

Article 5 – Intellectual property rights

Our website, logos, texts, photos, names and in general all our communications are protected by intellectual property rights that belong either to us or to our suppliers or other rights holders.

Intellectual property rights include patent, copyright, trademark, drawing and model rights and/or other (intellectual property) rights, including patentable or non-patentable technical and/or commercial know-how, methods and concepts.

It is prohibited to use and/or make changes to the intellectual property rights described in this article. For example, the customer may not copy or reproduce our drawings, photos, names, texts, logos, color combinations, etc. without our prior and express written permission.

Article 6 – Photos Confidentiality and Privacy

Use of photos:
The photos taken during the activities are only used for your own purposes and are not shared with third parties. You can always be asked not to use it or to remove it from our website, Facebook page or other media.

We are responsible for the processing of your personal data and process it in accordance with the General Data Protection Regulation;

For more information about the processing of personal data, please refer to our Privacy & Cookie Policy.

Article 7 – Liability

We are not liable except in the case of intent or gross error. Furthermore, we are not liable for any direct or indirect damage (such as consequential damage, lost profits, lost savings or damage due to business stagnation) for which we have not expressly determined our liability in these conditions. Our liability will in all cases be limited to the amount of the price agreed for that order (excl. VAT).

Accidents and damage:
Our activities have an active character and participation is at your own risk. Duckwing does everything it can to ensure that the activity runs safely, but is not liable for damage, loss or theft of property or damage to participants or third parties. Duckwing has civil liability insurance in case the organization is held liable due to negligence for any damage suffered to goods or persons. Duckwing is not responsible for the personal accident insurance of the participants or for the liability between participants. Duckwing assumes that the customer will take out such insurance for the participants if this is required or he/she deems it necessary. Injuries resulting from participation in an activity are initially covered through the health insurance fund and any damage to property or persons through the family insurance.
Medication, illness, injuries, etc. must be reported in advance if they may pose a risk or influence the course of the activity.

We make every effort to provide access to the website 24 hours a day, 7 days a week. Taking into account the technical characteristics of the Internet and IT resources and the need to carry out periodic maintenance, update or upgrade work However, we cannot guarantee uninterrupted access and service. In the event of a normally acceptable interruption or disruption of access or service, we will make every effort to resolve this within the shortest possible time. Such normally acceptable interruptions or disruptions are inherent to the provision of services via the Internet and cannot be regarded as shortcomings.

Article 8 - Force majeure

In the event of force majeure, we are not obliged to fulfill its obligations. In that case, we can either suspend our obligations for the duration of the force majeure or definitively terminate the agreement.

Force majeure is any circumstance beyond our will and control that prevents the fulfillment of its obligations in whole or in part. This includes, but is not limited to: strikes, unexpected traffic jams, accidents on European roads, fire, business disruptions, energy disruptions, disruptions in a (telecommunications) network or connection or communication systems used and/or the unavailability at any time of the website, non-delivery or late delivery from suppliers or other engaged third parties, etc.

Article 9 - Course of activities :

The organization has the right, as a result of the group composition, weather conditions or force majeure, to make changes to the program for the benefit of the safety and comfort of the participants.
The organization also has the right to exclude a participant from an activity if inappropriate behavior endangers the quality of the activity or the safety of themselves or other participants.
Instructions from the supervisor must be strictly adhered to.
If children participate in an activity, they are always supervised by (one of) the parents or a competent adult.

We request all participants to treat nature and each other with respect.
Duckwing tries to create as little waste as possible during its activities. Please do not leave any waste in nature.

Adjust your clothing to the weather conditions and wear sturdy (walking) shoes.

Article 10 – Nullity and completeness

These General Terms and Conditions constitute the entire agreement between the customer and us with regard to the subject matter contained therein.

If one or more provisions of these General Terms and Conditions are at any time wholly or partially unlawful, void or for any other reason unenforceable, then this clause will be deemed severable from these General Terms and Conditions and will not affect their validity and affect the enforceability of the remaining provisions.

Article 11 - Jurisdiction and applicable law

Belgian law applies to all disputes relating to or arising from our offers and/or agreements. In the event of disputes or disputes, only the courts of the judicial district of our registered office have jurisdiction.