Duckwing General Terms and Conditions

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 Crossroads Bank for Enterprises under number BE0780262951. (hereinafter: “Duckwing”).

Article 1 – Scope

These General Terms and Conditions apply to every offer, every quotation, and every agreement concluded with respect 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 non-binding and expire if they are not accepted by the Client within 30 calendar days. Quotations only become legally valid as an agreement upon signing of the quotation by both the Client and us. Furthermore, we reserve the right to refuse certain assignments 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 a deposit or balance. This amount must be paid within 8 days. By doing so, you agree to the conditions described in this document.
The balance must be paid no later than 1 week before the start of the activity.

Quotations :

The price for our goods/services is that stated on 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 not commence our activities until receipt of the advance.

For every delay in payment, the Customer shall, from the due date of the invoice, automatically and without prior notice of default, owe default interest of 1% per commenced month, whereby each commenced month counts as a full month, and this without prejudice to any compensation for damages and costs. Furthermore, a fixed compensation amounting to 10% of the invoice amount, with a minimum of 250 euros, shall automatically and without prior notice of default be due as liquidated damages, this without prior notice of default and in addition to the principal sum, default interest, collection costs, reminder costs, prosecution costs, and expenses resulting from loss of time and judicial or legal costs. This liquidated damages clause does not affect the obligation to pay the agreed default interest.

Disputes must be notified to us by registered letter within five working days of the dispatch of the invoice, failing which they will be inadmissible.

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

Cancellation :

Cancellation by participant:

Up to 8 days before the start, 50% of the costs are charged. In the event of cancellation less than 8 days, 100% is always charged.

Cancellation by organizer:

Since primarily outdoor activities are organized, Duckwing reserves the right to cancel due to bad weather conditions. This is for safety reasons. The activity may also be cancelled due to an insufficient number of participants. In that case, an alternative date or refund will be provided. This does not entitle the participant to claim compensation.

All our agreements are entered into as described in our quotations. The agreement may be terminated by us unilaterally at any time and without judicial intervention in the event that the Client is in a state of bankruptcy or judicial settlement, or in the event that the Client fails to pay its invoices.

Article 5 – Intellectual property rights

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

Intellectual property rights are understood to mean patent, copyright, trademark, design, and model rights and/or other (intellectual property) rights, including technical and/or commercial know-how, methods, and concepts, whether or not patentable.

It is prohibited to use and/or modify the intellectual property rights as 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 used solely for our own purposes and are not shared with third parties. You may always request that they not be used or be removed 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 cases of intent or gross negligence. Furthermore, we are not liable for any direct or indirect damage (such as consequential damage, lost profits, lost savings, or damage due to business interruption) for which we have not expressly determined our liability in these terms and conditions. Our liability shall in all cases be limited to the amount of the agreed price for that order (excl. VAT).

Accidents and damage:
Our activities are active in nature and participation is at your own risk. Duckwing makes every effort to ensure the activity proceeds safely but is not liable for damage, loss, or theft of property, or damage to participants or third parties. Duckwing holds civil liability insurance in the event that the organization is held liable due to negligence for any damage suffered to property or persons. Duckwing is not responsible for the personal accident insurance of the participants or for liability between participants. Duckwing assumes that the client will take out such insurance for the participants if required or if he/she deems it necessary. Injuries resulting from participation in an activity are primarily covered by the health insurance fund, and any damage to property or persons by family insurance.
Medication, illness, injuries, etc., must be reported in advance if they could pose a risk or affect the course of the activity.

We make every effort to provide access to the website 24 hours a day, 7 days a week. However, given the technical characteristics of the internet and information technology resources, and the need to perform periodic maintenance, updates, or upgrades, 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 remedy this as soon as possible. Such normally acceptable interruptions or disruptions are inherent to internet-based services and cannot be considered shortcomings.

Article 8 - Force Majeure

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

Force majeure is any circumstance beyond our will and control that wholly or partially prevents the fulfillment of its obligations. This includes, but is not limited to: strikes, unexpected traffic jams, accidents on European roads, fire, business interruptions, power outages, failures in a (telecommunication) network or connection or communication systems used and/or the website being unavailable at any time, non-delivery or late delivery by suppliers or other third parties involved,…

Article 9 - Course of the activities :

The organization reserves the right to make changes to the program due to group composition, weather conditions, or force majeure, 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 they jeopardize the quality of the activity or the safety of themselves or other participants through inappropriate behavior.
Instructions from the supervisors must be strictly followed.
If children participate in an activity, they must be under the supervision of (one of) the parents or an authorized adult at all times.

We ask all participants to treat nature and each other with respect.
Duckwing tries to create as little waste as possible during the activities. Please do not leave any waste that may be generated in nature.

Dress appropriately for the weather conditions and bring sturdy (walking) shoes.

Article 10 – Nullity and completeness

These General Terms and Conditions constitute the entire agreement between the customer and us with respect 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, this clause shall be deemed severable from these General Terms and Conditions and shall not affect the validity and enforceability of the remaining provisions.

Article 11 - Jurisdiction and applicable law

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