Kitesurf Adventure - Terms & Conditions
General Notice
For reasons of readability, masculine forms are used for personal designations in these Terms & Conditions. These terms apply equally to all genders. The abbreviated form is for editorial purposes only and does not imply any valuation.
1. Contracting Party
The service provider and party responsible for the execution of the kitesurfing services at Lake Garda is Kitesurf Adventure Italy (registered under: Kristian Schmid, Via Gardesana 4, 37018 Malcesine (VR), Italy - hereinafter referred to as "Organizer").
2. Conclusion of Contract
By registering via the booking platform "Tideforce," the customer offers to conclude a contract with Kitesurf Adventure, Via Gardesana 4, 37018 Malcesine (VR), Italy.
Registration of all participants must be completed exclusively via the Kitesurf Adventure App (Tideforce). The registration must be completed online prior to the start of the booked service through the check-in process in the app.
By completing the check-in, the customer accepts these Terms & Conditions and participation requirements.
3. Payment
3.1. At the time of booking, the customer may choose to either pay the full amount or a deposit of 50%. The remaining balance must be paid no later than one day before the end of the booked service.
Different payment, cancellation, or rebooking terms may apply for specific offers as stated in the offer or booking confirmation/invoice.
3.2. In case of advance booking, the booking confirmation will be sent by email after receipt of the deposit. If the customer has not received the confirmation at least 4 days before the course starts, they must immediately contact the booking partner via email or phone.
4. Services
The scope of contractual services is determined by the service descriptions on our website as they have become part of the contract, as well as the information referenced in the booking confirmation/invoice.
Any additional agreements that modify the scope of services require explicit confirmation.
5. Changes to Services and Prices
5.1. Kitesurfing and wingfoil courses are highly dependent on weather conditions. There is no entitlement to the execution of individual course units if weather conditions are unsuitable.
Services that cannot be carried out will be refunded proportionally. The calculation is based on the services actually provided in relation to the total booked service.
A processing fee may only be charged if it is reasonable and reflects actual costs incurred (e.g. trainer availability, partially used sessions).
As these are outdoor activities subject to weather conditions, the Organizer reserves the right to cancel courses for safety reasons or due to impracticality.
If services cannot be carried out fully or partially due to weather conditions, a refund of up to a maximum of 80% of the total service price may be granted.
The progress of the services is documented daily in the Kitesurf Adventure App and is transparently visible to the customer. Refunds are calculated and issued at the end of the stay.
5.2. Discounts for courses of two or more days (excluding other services) may be granted for students, pupils, or groups upon request. There is no obligation for the Organizer to grant such discounts.
5.2.1. Student discounts are granted on-site upon presentation of a valid ID. Discounts stated in offers are only valid if proof is provided at registration.
5.2.2. Group discounts can be requested in advance. The minimum group size is 4 persons. All participants must book together and attend during the same period.
5.3. Vouchers & gift vouchers are valid for three years from the date of issue and cannot be extended.
They can be redeemed for all course services at the kitesurf school at Lake Garda and for kite camps organized by Kitesurf Adventure.
Redemption for other services or shop items is not possible. Cash redemption and transfer to third parties are not permitted.
6. Cancellation by the Customer, Rebooking, Substitute Participants
6.1. The customer may withdraw from the booking up to 15 days before the start of the event, subject to a processing fee of €30.
The cancellation must include the full name and course date. Written cancellation via email is strongly recommended.
The relevant date is the receipt of the cancellation by the Organizer.
6.2. If the customer cancels 14 days or less before the start, or fails to attend without notice, the Organizer reserves the right to retain the deposit as compensation.
Further details are outlined in section I (Cancellation Policy).
6.3. Rebookings are possible up to 14 days before the start, subject to a €30 fee.
New dates depend on availability and must be within the same season. Price differences due to seasonal pricing must be paid by the customer.
Rebookings within 14 days are treated as cancellations and new bookings.
6.4. A substitute participant may take the place of a registered participant. The original and substitute participant are jointly liable for the course fee.
The Organizer may refuse the substitution if requirements are not met or legal regulations apply.
I. Cancellation Policy
The customer may cancel at any time before the start of the event.
The following cancellation fees apply:
- up to 15 days before: €30 processing fee
- 14-4 days before: 50% of total price
- from 3 days before or no-show: 100%
The customer may prove that no or lower damage was incurred.
7. Unused Services
7.1 Early termination for valid reasons
If a participant discontinues for valid reasons, compensation may be granted as per
section 5.1.
7.2 Early termination without valid reason
No compensation is provided.
8. Cancellation by the Organizer
The Organizer may cancel or terminate the contract:
- without notice if the participant disrupts the course or violates rules
- if safe execution is not possible
In such cases, the Organizer retains the right to payment.
8.1. The Organizer may also cancel if external circumstances prevent execution.
In this case, payments for unused services are refunded proportionally (excluding weather-related cancellations).
In cases of force majeure, both parties may terminate the contract. Refunds are proportional.
9. Liability of the Organizer
The Organizer is fully liable for damages resulting from injury to life, body, or health caused by negligence or intent.
For other damages, liability is limited to intent and gross negligence. In cases of slight negligence, liability is limited to essential contractual obligations and foreseeable damage.
Liability for indirect damages, including loss of profit, is excluded where legally permissible.
10. Claims
Claims must be submitted within one month after the end of the course. Written submission is recommended.
11. Insurance and Participant Liability
Participants must have valid liability insurance.
Participants are responsible for their own accident, health, and liability insurance.
Damage caused intentionally or through gross negligence must be fully compensated.
12. Participation Requirements
- Participants must be physically and mentally fit
- Participants must be able to swim
- Instructions must be followed at all times
- Lack of qualification may result in exclusion
- Participation is at own risk
- Risks are acknowledged during check-in
- Minors require parental consent
- Late arrival does not entitle to refund
13. General
All website information reflects the latest version.
Errors and omissions are reserved.
Verbal agreements should be confirmed in writing.
Amendments must be in writing.
14. Data Protection
Information on data processing can be found in the privacy policy on our website.
15. Photo & Video Recordings
Photos and videos may be taken during courses.
They may be used for marketing purposes unless the participant objects.
16. Severability Clause
Invalid provisions do not affect the validity of the remaining contract.
Additional promises require confirmation.
17. Jurisdiction
Italian law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Mandatory consumer protection laws of the customer's country of residence remain unaffected.