General Terms and Conditions (GTCs)

1. conclusion of the contract

With the registration the customer offers Avid Kiteboarding (Simon Hiemer Johannes), 37010 Brenzone, Via Monteccio 2 the conclusion of a contract. Registration may be made in writing, orally or by telephone, followed by a written application. It is made by the applicant also for all participants listed in the application, for whose contractual obligation the applicant is liable as for his own obligation, provided that he has assumed a corresponding separate obligation by express and separate declaration. With the written confirmation, the contract also becomes binding for the organizer. If the content of the confirmation/invoice differs from the content of the registration, the organizer has a new offer to which he is bound for a period of 7 days. The contract is concluded on the basis of this new offer if the participant declares acceptance within the commitment period.

2. payment

2.1. A deposit of up to 50% of the course price is due upon course registration, depending on the course days booked. Upon written on-site registration, the balance is due and must be paid prior to the start of the course. For separately marked offers, deviating deposit, cancellation and rebooking regulations apply according to the offer or order confirmation/invoice.
2.2. The booking confirmation will be sent to the customer by email after the organizer receives the deposit. If no deposit is due, a booking confirmation will still be sent. If the customer has not received the confirmation of the booking at least 4 days before the start of the course, please contact Avid Kiteboarding immediately.

3. services

For the scope of the contractual services, the service descriptions on our website, as they have become the basis of the contract, as well as the information in the booking confirmation/invoice referring to them, are binding. Ancillary agreements that change the scope of the contractual services require express confirmation.

4. service and price changes

4.1. As this is an outdoor sport subject to weather conditions, the organizer reserves the right to cancel the course for safety reasons or reasons of non-feasibility. If due to weather conditions the course cannot take place or cannot take place within the prescribed framework and under the necessary conditions, the 100% wind guarantee will apply. This does not give rise to any claim for reimbursement of costs.
4.2. The organizer is obliged to inform the customer immediately about changes in services and/or prices. If necessary, he will offer the customer a free rebooking or a free cancellation. If the customer withdraws from the contract, Avid Kiteboarding will immediately refund the payment made up to that point.

5. withdrawal by the customer, rebooking, substitutes and cancellation

5.1. The customer may withdraw from the event at any time before the event begins. The withdrawal must be declared stating the full name and the course date. In your own interest and to avoid misunderstandings, we strongly recommend that you declare your withdrawal in writing by mail. The date of receipt of the notice of withdrawal by the organizer is decisive for the date of withdrawal.
5.2. If the customer withdraws from the contract at short notice or does not attend the event without prior notice of withdrawal, the organizer may demand compensation for the arrangements made and for his expenses. In this case, the organizer will retain the deposit as compensation.
5.3. Rebooking is considered a cancellation with subsequent re-registration. For confirmed bookings, rebookings will be made at the customer’s request up to 60 days before the start of the course. There will be a rebooking fee of € 15,- per person. Rebookings can only be made within the same season.

5.4. If a substitute person takes the place of a registered participant, the participant and the substitute person are jointly and severally liable for the course price. Avid Kiteboarding may object to the change if it does not meet the specific requirements relating to the course or if it conflicts with legal regulations or official orders.

5.5. Cancellation conditions
Up to 14 days before the start of the course we allow you to change the date free of charge!

In case of cancellation, a minimum of the deposit fee per participant will be charged.

From the 14th to the 3rd day before the beginning of the course 75% of the course price or the deposit per person
From 2. to 1. day before course start 95 % of the course price per person
On the day of the course start or no-show 100% of the course price per person

6. services not used

If the course participant does not make use of individual services as a result of premature termination (for example due to injury) of the event or for other compelling reasons, the organizer will offer a credit note which will remain valid for 3 years.

7. withdrawal and termination by the organizer

The organizer may withdraw from the contract before the start of the service or terminate the contract after the start of the event in the following cases:
a) Without observance of a deadline: If the participant disturbs the performance of the service, regardless of a warning by the organizer, persistently or if he behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. If the organizer cancels the event, he retains the right to the event price. However, he must take into account the value of the saved expenses as well as those advantages he gains from another use of the services not used, including the amounts credited to him by the service providers. Or if the conditions necessary for the safe and sensible execution of the event are not given. The assessment is subject to the supervisor in charge on site. A refund of the costs is excluded in this case.
b) Up to two weeks before the start of the event: If the advertised minimum number of participants is not reached, if a minimum number of participants is indicated in the invitation to tender for the corresponding service. In any case, the organizer is obliged to inform the customer immediately after the occurrence of the condition for the non-performance of the service and to send him the notice of withdrawal without delay. The customer shall receive the paid-in performance price back without delay. If it is already apparent at an earlier point in time that the minimum number of participants cannot be reached, the organizer must inform the customer of this.
7.1. Furthermore, the organizer reserves the right to cancel the event at any time if it is hindered by obstacles that cannot be removed by him or only at disproportionate cost; in this case, the organizer will refund all payments without deduction of a fee. The right to withdraw from the contract also exists in the event of a participant’s default in payment, without the need to set a further deadline for payment. If the event is made considerably more difficult, endangered or impaired as a result of force majeure, both the organizer and the customer may terminate the contract. The customer receives the performance price back. However, Avid Kiteboarding may claim compensation for services rendered or yet to be rendered.

8. liability of the organizer

8.1. The organizer is liable within the scope of the duty of care of a prudent businessman. He is obligated to provide the service in such a way that it has the warranted characteristics and is not afflicted with defects that nullify or reduce the value or suitability for the usual use or the use assumed under the contract.

8.2. Contractual limitation of liability: the organizer does not assume any liability for any monetary, material or health damages arising in connection with the course. Liability for damages due to force majeure is completely excluded. If the organizer is prevented from providing the service due to force majeure or weather conditions, the course participant is not entitled to a refund.

9. exclusion of claims

Claims for non-provision or non-contractual provision of services must be made to the organizer within one month after the contractually stipulated end of the course. This should be done in writing in your own interest.

10. insurances and liability of the participant

10.1. An unconditional condition of participation is a valid personal liability insurance for damages to third parties. Each participant is responsible for his own accident, health and liability insurance. It is advised to check existing insurance policies for coverage.

10.2. In case of wilful or intentional damage to the training material, or in case of damage during or gross negligence, the participant has to pay the full amount of the damage incurred.

11. conditions of participation

11.1 Participation in the kitesurfing courses and packages offered by us requires mental and physical fitness. It is therefore strongly recommended to have a sports medical examination before registration. During the kitesurfing courses the trainers and supervisors must be followed. Violations will result in immediate exclusion with no right to reimbursement. Participants who book a special event must have the required and described experience.
The responsible trainer on site has the right to rewrite or cancel the booked service or package if necessary in case of lack of qualification.
Basically, the event participant operates the kitesurfing courses at his own risk and must comply with local, national as well as international safety guidelines.

11.2 Course participants will be added to our newsletter. This can be objected to at any time and the subscription will be deleted immediately.

11.3 Storage of kitesurfing equipment and other private items on the premises as well as the motor boats of the kite school is at your own risk.

12 Ineffectiveness of individual provisions

12.1. The invalidity of individual provisions of the contract shall not result in the invalidity of the entire contract.
12.2. Promises made by the booking office or travel agency to the event participants that go beyond the website and the invitation to tender of the organizer are invalid. Likewise invalid are promises made by the trainers during the event.

13. general

13.1. All information on the website corresponds to the latest version.
13.2. We reserve the right to correct errors as well as misprints and miscalculations.
13.3. Verbal agreements are possible in principle, but we recommend a written confirmation of these agreements.
13.4. All personal data provided to the organizer are protected against misuse

14. place of jurisdiction

The participant may only sue the organizer at the latter’s registered office. Additions, amendments and supplements to this contract must be made in writing, whereby a waiver of this requirement is also bound to the written form.

ADDENDUM FOR KITECAMPS:

15. booking & payment kitecamp

15.1 The booking of the Kitecamps takes place via Simon Hiemer Johannes or their booking partners. Third-party services booked through booking partners are not part of the contract with Simon Hiemer Johannes. In this case, the content of the event contract is limited exclusively to the implementation of the booked kitesurfing service.

15.2 In case of booking a kite camp directly through Simon Hiemer Johannes, the same acts as a travel agent or as an organizer of the booked kitesurfing services. In case of booking the pure kite service, the complete payment is necessary at the time of reservation according to the offer. For all bookings in the period shorter than 4 weeks before departure is always required directly the total amount for a booking.

15.4 If due payments are not made or not made in full and you do not pay even after a reminder with a grace period, the organizer can withdraw from the contract, unless there is already a significant travel defect at that time.

16. conclusion of the contract for kite camps

By returning the signed registration form for the Kitecamp the customer offers Simon Hiemer Johannes the conclusion of a contract. It is made by the event participant also for all participants listed in the booking according to the offer in the case of minors, for whose contractual obligation the registrant (legal guardian) is liable as for his own obligation, provided that he has assumed a corresponding separate obligation by express and separate declaration. With the written confirmation and the payment of the full service at the latest 4 weeks before the start of the trip without further request, the contract also becomes binding for the organizer. If the content of the confirmation/invoice differs from the content of the registration, the organizer has a new offer to which he is bound for a period of 7 days. The contract is concluded on the basis of this new offer if the participant declares acceptance within the commitment period.

17. services

The service descriptions on our website, as they have become the basis of the contract, as well as the information in the booking confirmation/invoice referring to them, are binding for the scope of the contractual services. Ancillary agreements that change the scope of the contractual services require express confirmation.

18. service and price changes / credit notes

18.1 As this is an outdoor sport subject to weather conditions, the organizer reserves the right to cancel the course for safety reasons or reasons of non-feasibility. If due to weather conditions the course cannot take place or cannot take place within the prescribed framework and under the necessary conditions, this does not give rise to a claim for reimbursement of the costs. Should it not be possible to carry out the service on more than 50% of the booked days with kite performance, the customer will receive a corresponding credit note which can be offset against the booking of the next kite camp. This remains valid for three years from the date of issue. Services cannot be converted (e.g. from kite course to material rental).

18.2 Discounts on kite services by charging credits (also from the Avid Kiteboarding Kitecenters) must be made by indicating them in the booking request or at least before the first partial payment and must be evident in the offer. Credit notes submitted later can unfortunately not be taken into account due to the booking process in the system.

18.3 Discounts for groups can be requested by the customer in advance at the time of booking. The minimum group size is 4 persons. The prerequisite is also the simultaneous booking of the participants as well as the participation in the same period in the same kitecamp.
18.4 The organizer is obliged to inform the customer immediately about changes in services and/or prices. If necessary, he will offer the customer a free rebooking or a free cancellation. If the customer withdraws from the contract, Simon Hiemer Johannes will immediately refund the payment made until then.

19. travel documents

If you have not received the travel documents at least 4 days before departure, please contact the respective booking partner immediately. For short-term bookings from 7 days before departure, you will receive the documents after consultation. In your own interest, please check the travel documents carefully upon receipt.

20 Cancellation by the traveler before the start of the trip/ Cancellation fees

20.1 You can withdraw from the trip at any time before the start of the trip. The date of receipt of the cancellation notice by the booking partner is decisive. You are advised to declare your withdrawal in writing by mail.
20.2 If you withdraw or if you do not start the trip for reasons (except for cases of force majeure) for which the Organizer is not responsible, the Organizer loses the right to the tour price. Instead, the organizer may demand reasonable compensation for the travel arrangements made and its expenses (cancellation fees). When calculating the compensation, usually saved expenses and the usually possible alternative use of the travel services are to be taken into account.
20.3 Cancellation fees are also payable if a travel participant does not arrive in time at the respective departure airport or place of departure at the times announced in the travel documents, or if the trip is not started due to a lack of travel documents such as passport or necessary visas for which the Organizer is not responsible.
20.4 You are at liberty to prove that no costs or significantly lower costs were incurred in connection with the cancellation or non-commencement of the trip than the costs shown by the Organizer in the flat rate to be applied in the individual case (see section 20.5 below).
20.5 The flat-rate entitlement to cancellation fees is generally per person for cancellations:
20.5.1 Standard charges:
up to 31. day before departure 25%
from the 30th day before departure 40%
from the 24th day before departure 50%
from the 17th day before the start of the trip 60%.
from the 10th day before the start of the trip 80%.
from the 3rd day before the start of the trip 90%.
from the day of departure or in case of no-show 95% of the tour price;

20.5.2 In the event of partial cancellation resulting in changes to the travel service, such as room occupancy, transfer, etc., the traveler shall bear the additional costs.

21. rebooking, substitute person

21.1 At your request, the Organizer will make a change to the confirmation (rebooking), if feasible, before the start of the periods specified in 20.5.1 and 20.5.2. For this, € 30,- rebooking fee per person will be charged. Changes in the date of travel, the destination, the place of departure, accommodation or transportation, for example, are considered to be rebookings. Changes after the above-mentioned deadlines, as well as changes beyond the period of validity of the service description on which the booking is based, can only be made after withdrawal from the travel contract under the conditions according to section 20.5 with simultaneous new registration.
21.2 Until the start of the trip, the traveler may request that a third party enter into his rights and obligations under the travel contract. This requires notification to the organizer. The latter may object to the change of person if the substitute person does not meet the special travel requirements or if his/her participation conflicts with legal regulations or official orders.
If a substitute person takes the place of the registered participant, the organizer is entitled to charge a handling fee of € 30,- for the costs incurred by the participation of the substitute person. You are at liberty to prove that no costs were incurred or that the costs were significantly lower.
The registered participant and the substitute person are jointly and severally liable for the travel price and the additional costs incurred by the substitute person.

22. withdrawal and cancellation by the tour operator

22.1 The Organizer may terminate the travel contract without notice if the performance of the trip is persistently disrupted by the traveler despite an appropriate warning by the Organizer. The same applies if a traveler behaves contrary to the contract to such an extent that the immediate cancellation of the contract is justified. However, the organizer retains the right to the tour price. Any additional costs for return transportation shall be borne by the disruptive party itself. However, the organizer must take into account the value of saved expenses as well as those benefits that are obtained from another use of unused services, including any reimbursements by service providers. Or if the conditions necessary for the safe and sensible execution of the event are not given. The assessment is subject to the supervisor in charge on site. A refund of the costs is excluded in this case.
22.2 The Organizer can withdraw from the trip up to 5 weeks before the start of the trip if the minimum number of participants specified in the respective service description and in the travel confirmation is not reached. The organizer will of course inform you if it becomes apparent at an earlier stage that the minimum number of participants cannot be reached. You will receive the paid travel price back immediately. However, the organizer has no right of withdrawal if he is responsible for the circumstances leading to this (e.g. calculation errors) or if he cannot prove these circumstances. The notice of withdrawal will be sent to the traveler immediately.
22.3 In the event of withdrawal by the Organizer in accordance with Section 22.2, the traveler is entitled to demand participation in another trip of at least equal value if the Organizer is able to offer such a trip from its range of services at no extra cost to the traveler. The traveler must assert this right immediately after the organizer’s notice of withdrawal. If the traveler does not exercise his right to participate in an equivalent trip, he will be refunded the paid travel price without delay.

23. kitesurfing services not used

If the participant does not make use of individual services as a result of premature termination (for example due to injury) of the event or for other compelling reasons, a credit note will be offered by the organizer, unless 50% of the kite service has already been fulfilled or this can be claimed by the participant through insurance. In the event of premature termination of the event without a compelling reason (e.g. displeasure), no compensation will be provided by the organizer.

24 Liability of the organizer

The organizer is liable within the scope of the duty of care of a prudent businessman. He is obligated to provide the service in such a way that it has the warranted characteristics and is not afflicted with defects that nullify or reduce the value or suitability for the usual use or the use assumed under the contract.
24.1 Contractual limitation of liability for monetary & material damages: the organizer assumes no liability for any monetary or material damages arising in connection with the performance of services. Completely excluded is any liability for damages due to force majeure. If the organizer is prevented from providing the service due to force majeure or weather conditions, the course participant is not entitled to a monetary refund.

24.2 Contractual limitation of liability for health damages: the organizer does not assume any liability for any health damages arising in connection with the performance of the service. All participants will be informed in advance about the risks of conducting the event and the sport of kitesurfing and must agree to the complete assumption of liability by signing the registration.

25 Exclusion of Claims &Limitation of Actions

25.1 Claims for non-contractual provision of the tour (§§ 651c to 651f BGB) must be asserted against your Organizer within one month after the contractually agreed termination of the tour. This should be done in writing in your own interest. After the deadline has expired, the traveler may only assert claims if he was prevented from meeting the deadline through no fault of his own. For notification of damage to baggage, delays in delivery of baggage or loss of baggage, see section 13.7.2.
25.2 Claims of the traveler according to §§ 651 c to 651 f BGB are subject to a limitation period of one year. The limitation period begins on the day on which the trip should end according to the contract. If negotiations between the traveler and the tour operator about the claim or the circumstances giving rise to the claim are pending, the limitation period is suspended until the traveler or the tour operator refuses to continue the negotiations. The limitation period shall commence at the earliest 3 months after the end of the suspension. Claims in tort are subject to a limitation period of three years.

26. insurances and liability of the participant at the kitecamp

26.1 An unconditional condition of participation is a valid personal liability insurance for damages to third parties. Each participant is responsible for his own accident, health and liability insurance. It is advised to check existing insurance policies for coverage.

26.2 We strongly recommend that you also take out travel cancellation insurance.
26.3 In the event of wilful or intentional damage to the training material, or in the event of damage in the case of or gross negligence, the participant shall pay the full amount of the damage incurred as well as the reduction in value of the material due to the damage.

27. conditions of participation

Participation in the kitesurfing courses and packages we offer at the kite camps requires mental and physical fitness. It is therefore strongly recommended to have a sports medical examination before registration. During the kitesurfing courses the trainers and supervisors must be followed. Violations will result in immediate exclusion with no right to reimbursement. Participants who book a special event must have the required and described experience.
The responsible trainer on site has the right to rewrite or cancel the booked service or package if necessary in case of lack of qualification.
Basically, the event participant operates the kitesurfing courses at his own risk and must comply with the local, national as well as international safety guidelines.