Kitesurf Adventure - Terms and Conditions
General Note
For readability purposes, the male form is used for personal designations and capitalized personal nouns in these terms and conditions. These terms refer to all genders in the sense of equality. The shortened language form serves editorial purposes only and carries no value judgment.
1. Contract Partners
1.1 The advisory and booking services for a kitesurf course or kitesurf shuttle service are provided by KITESURF ADVENTURE e.K., D-89564 Nattheim, Gartenstrasse 24, hereinafter referred to as the "Booking Partner." The online marketing, customer acquisition, advisory and booking services, as well as customer support up to the start of the service, are handled by Kitesurf Adventure Kitecenter. The contract partner for the execution of the service is the local kitesurf school.
1.2 The service provider and responsible entity for the execution of kitesurf services at Lake Garda is Kitesurf Adventure Italy (registered under: Kristian Schmid, Via Gardesana 4, 37018 Malcesine (VR), hereinafter referred to as the "Organizer").
2. Conclusion of the Contract
By submitting a written registration on-site, the customer offers Kitesurf Adventure, Via Gardesana 4, 37018 Malcesine (VR), to conclude a contract. The pre-booking through Kitesurf Adventure e.K. is merely a reservation for the booked service and does not constitute the conclusion of the contract for the service. Registration for all participants can only be made via the Kitesurf Adventure App. This is finalized on-site by activating the booking. In the case of minors, for whose contractual obligations the registrant (guardian) is liable as for their own obligations, the registration is made in writing on-site. With the written confirmation and/or the check-in via the app, the contract becomes binding for the Organizer. The Organizer guarantees that every service pre-booked by Kitesurf Adventure e.K. will be incorporated into the contract according to the service description on-site and will be executed within the given possibilities.
3. Payment
3.1 Upon registration for the event on-site, the total cost must be paid to Kitesurf Adventure, Via Gardesana 4, 37018 Malcesine (VR). In the case of pre-booking, the remaining balance or, in the case of a new registration, the total amount must be paid before the course begins. For specifically marked offers, different deposit, cancellation, and rebooking conditions apply according to the offer or order confirmation/invoice.
3.2 The booking confirmation for a pre-booking will be sent to the customer by email after the deposit is received by the Booking Partner. If the customer has not received the confirmation by at least 4 days before the course begins, the customer must immediately contact the Booking Partner in writing via email or by phone.
4. Services
The scope of the contractual services is binding according to the service descriptions on our website, as they have become the contractual basis, as well as the corresponding details in the booking confirmation/invoice. Side agreements that change the scope of the contractual services require express confirmation.
5. Changes to Services and Prices
5.1 Since it is an outdoor sport subject to weather conditions, the Organizer reserves the right to cancel the course for safety reasons or if it cannot be carried out. In the case of course services that cannot be fully or partially carried out due to weather conditions, the "100% Wind Guarantee" rule applies. There is no entitlement to a refund of costs. The customer will receive a corresponding voucher for the services that could not be carried out due to weather conditions. This voucher is valid for three years from the date of issue. Vouchers are personal and non-transferable.
5.2 Discounts on course services for two or more course days (all other services are excluded) for students, schoolchildren, and groups can be granted by the Organizer upon request. There is no obligation on the part of the Organizer to grant a discount upon request.
5.2.1 Discounts for students and schoolchildren will be applied on-site upon presentation of a valid ID. Discounts listed in the preliminary offer are only valid if a valid ID is presented at the time of course registration on-site.
5.2.2 Discounts for groups can be requested by the customer at the time of booking. The minimum group size is 4 persons. Additionally, the participants must book and take the course within the same period.
6. Cancellation by the Customer, Rebooking, Replacement Persons
6.1 The customer can cancel the booked service up to 15 days or longer before the event start, for a processing fee of 30 euros. The cancellation must be declared with the full name and course date. For the customer's own protection and to avoid misunderstandings, we strongly recommend that cancellations be made in writing via email. The relevant date for the cancellation is the receipt of the cancellation declaration by the Organizer.
6.2 If the customer cancels 14 days or less before the event start, or if they fail to attend the event without prior cancellation, the Organizer reserves the right to demand compensation for the arrangements made, as well as for their expenses and losses due to the allocation of limited course spots. The Booking Partner will retain the deposit as compensation in this case. The detailed regulation can be found under I. Cancellation Conditions.
6.3 Rebooking can be made up to 14 days before the event start for a processing fee of 30 euros. A new date can only be selected during periods with available capacity. If no suitable date can be found, the general cancellation conditions for a withdrawal from the contract apply. Rebooking can only be made within the same season. If a price difference arises due to different seasonal prices, the customer must cover the difference. Rebooking made less than 14 days before the event start will be treated as a cancellation and a new booking.
6.4 If a replacement person attends in place of a registered participant, both the participant and the replacement person are jointly liable for the course price. The Organizer may refuse the change if the replacement person does not meet the specific requirements for the course or if there are legal or administrative reasons preventing the change.
I. Cancellation Conditions
From 14 days up to 3 days before the event start, a cancellation fee of at least the deposit amount of the course price (or other booked services) but a maximum of 50% of the booked service cost per person will apply. If a valid voucher was accepted instead of a deposit, the voucher will be redeemed accordingly.
In the case of a short-term cancellation (3 days before the event) and no-show without prior communication, the Organizer reserves the right to demand the full cost of the booked service (including the cancellation of any used vouchers in the booking).
7. Services Not Taken Advantage Of
7.1 Cancellation of the Event for Compelling Reasons
If the participant does not take part in individual services due to an early cancellation (e.g., injury) or other compelling reasons, the Organizer will offer a voucher that remains valid for 3 years. Vouchers can also be redeemed at other Kitesurf Adventure kite camps or, upon prior inquiry, at other Kitesurf Adventure schools. There is no right to a monetary refund. Vouchers are personal and non-transferable. The customer agrees to inform the Organizer as soon as possible about non-participation in the event, providing reasons and evidence if necessary.
7.2 Cancellation of the Event for Non-Compelling Reasons
If the event is canceled early without compelling reasons (e.g., dissatisfaction or nausea due to boat rides), no compensation will be provided by the Organizer.
8. Cancellation and Termination by the Organizer
The Organizer may cancel the contract before the service is provided or terminate the contract after the event has started under the following circumstances: Without notice: If the participant disturbs the event significantly despite a warning by the Organizer, or behaves in a manner that justifies immediate termination of the contract. In case of termination, the Organizer retains the claim for the event price but must deduct savings and other benefits obtained from using the unutilized services, including amounts refunded by service providers. Or if the necessary conditions for the safe and meaningful execution of the event are not met, the judgment of which lies with the responsible supervisor on-site. A refund of costs is excluded in this case.
8.1 Furthermore, the Organizer reserves the right to cancel the event at any time if obstacles arise that cannot be removed or only at unreasonable costs; in this case, the Organizer will refund the proportionate amount of payments for services not provided without deduction (except for weather-related cancellations). The right to cancellation also exists in the event of payment delay by a participant without further notice. If the event is significantly impeded, endangered, or affected by force majeure, both the Organizer and the customer can terminate the contract. The customer will receive a partial refund for the services that were not carried out. The Organizer may claim compensation for services already rendered or still to be rendered. This does not apply to weather-related cancellations covered by the 100% Wind Guarantee (see 5. Changes to Services and Prices).
9. Liability of the Organizer
The Organizer is liable within the scope of due diligence. They are obliged to provide the service in a manner that meets the promised characteristics and is free from defects that would reduce the value or suitability for the intended purpose. External conditions that affect the execution of the service must be considered, which may result in deviations in service content.
9.1 Limitation of Liability for Monetary & Material Damage: The Organizer assumes no liability for any monetary or material damages that may occur in connection with the provision of services. Liability for damages due to force majeure is fully excluded. If the Organizer is prevented from performing the service due to force majeure or weather conditions, the participant has no claim for a monetary refund. In the case of weather-related impacts, the 100% Wind Guarantee applies (see 5. Changes to Services and Prices).
9.2 Limitation of Liability for Health Damages: The Organizer assumes no liability for any health damage that may occur in connection with the performance of the services. All participants will be informed in advance about the risks of participating in the event and the sport of kitesurfing, and must agree to assume full liability by signing a waiver form.
10. Exclusion of Claims
Claims for non-performance or non-contractual performance of services must be made within one month after the contractually scheduled completion of the course to the organizer. This should be done in writing via email, in your own interest.
11. Insurance and Liability of the Participant
11.1. A valid personal liability insurance for damages to third parties is an unconditional requirement for participation. Each participant is responsible for their own accident, health, and liability insurance. It is recommended to check existing insurance coverage.
11.2. In the event of deliberate or intentional damage to the training equipment or boats, or in the case of damage caused by gross negligence, the participant must fully compensate for the damage and the resulting depreciation of the material.
12. Conditions of Participation
12.1. Participation in the Kitesurfing courses and packages we offer requires mental and physical fitness. Therefore, it is strongly recommended to have a sports medical examination before registration.
12.2. During the event, participants must always follow the instructions of trainers and supervisors for safety reasons. Violations may result in immediate exclusion without the right to a refund.
12.3. Participants who book a special event (e.g., a foil kite course or the shuttle service) must have the required and described experience. The responsible instructor on-site has the right to change or cancel the booked service or package in case of insufficient qualifications.
12.4. In general, the participant operates the kitesurfing courses and participates in the shuttle service at their own risk and must comply with the local, national, and international safety regulations.
12.5. Participation in the event is only possible if the participant agrees to all conditions listed in the registration form (event contract) with their signature on-site. For minor participants, a consent form from a legal guardian is also required.
13. Invalidity of Individual Provisions
13.1. The invalidity of individual provisions of the contract does not result in the invalidity of the entire contract.
13.2. Any commitments made by booking partners to the participants that go beyond the website and the announcement of the organizer are invalid. Likewise, commitments made by instructors regarding the event are invalid unless confirmed by the responsible person on-site.
14. General
14.1. All information on the website is current as of the last version.
14.2. The correction of errors, as well as printing and calculation mistakes, is reserved.
14.3. Oral agreements are generally possible, but we recommend obtaining written confirmation of these agreements.
14.4. Additions, changes, and supplements to this contract must be made in writing, and the requirement for written form applies even if it is waived.
15. Jurisdiction
The participant can only sue the organizer at the organizer's place of business. For claims concerning the execution of the service or damages occurring during the execution of the service, the location of the kite school is decisive (Via Gardesana 4, 37018 Malcesine (VR), Italy), and Italian law applies. For claims regarding the booking process, the location of Kitesurf Adventure e.K. is decisive, and German law applies.