General Terms and Conditions Kitesurf & Paddle ApS

1.Course participants and renters

Any person who is not impaired in terms of health or physical condition is entitled to participate in kitesurfing, SUP, kayaking, wingsurfing or sailing courses  as well as renting kitesurfing, SUP, kayak, wingsurfing or sailing equipment without endangering themselves or others. The requirement for participating in all kitesurfing, SUP, kayaking, wingsurfing, and sailing courses is the ability to swim in open water for at least 15 minutes without aids. In the case of minors, the consent of the legal representative is required.

 

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2. Registration/ withdrawal from the contract

1. Registration for a kitesurfing, SUP, kayaking, wingsurfing or sailing course / event / camp must be in written form (internet registration form included). The same applies to the rental agreement. In the case of minors, the written consent of the legal representative must be provided for the legal declaration to be effective.

2. A withdrawal from the contract must be declared in written form. If the withdrawal occurs later than 14 days before the start of the course, 30% of the respective course price will be retained if no substitute participant/tenant is provided. In the case of a withdrawal from our kitesurfing camps / event-weeks later than 30 days before the start of the camp / event week, 50% of the respective camp / event price will be retained if no substitute participant / tenant is provided.

3. The surf school reserves the right to withdraw from the contract without notice if the required minimum number of participants of the respective course / event / camp is not reached. The same applies in the event of force majeure (strong wind, lightning) or destruction of the kitesurfing, SUP, kayak, wing or sailing equipment through collisions or vandalism. Payments made will be refunded. Further claims do not exist.

4. Participants who permanently disturb a course, behave in breach of contract or intentionally endanger themselves and others can be excluded from further participation.

 

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3. Duty to Cooperate

In the event of any disruptions to performance, the participant is obliged to do everything reasonable to contribute to remedying the disruption and to keep any damage that may have occurred as low as possible.

 

 

4.  Security/Conditions of implementation of services

1. The instructions of the trainer/charter company must be followed. Glasses must be secured against loss.

2. If a service (course / rental / tour) cannot be carried out due to weather conditions, the customer is not entitled to a refund. The outstanding service will be credited to the customer and carried out at another time.

 

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5. Duty of Care

1. The safety and operational readiness of the kitesurf, SUP, kayak, wingsurf and sailing gear is ensured by regular inspections. Nevertheless, the participant/renter is obliged to check the kitesurfing, SUP, kayak, wingsurfing or sailing equipment before starting the journey. In the interest of everyone involved, each participant/renter is obliged to report any damage immediately.

2. If the operational readiness of the kitesurfing, SUP, kayak, wingsurf and sailing equipment is no longer guaranteed due to non-observance of the instructor's instructions or due to negligent or even intentional behavior on the part of the participant/renter, there is no right to compensation for the time lost due to the factual assessment and troubleshooting on the part of the participant/tenant.

 

 

6.  Liability

1. The surf school Kitesurf & Paddle is liable for the conscientious preparation of courses and events, the careful selection and monitoring of the service providers, the correctness of the course description and the proper provision of the contractually agreed service as well as for the conscientious implementation of the inspections to ensure the operational readiness of the kitesurfing, SUP, kayak, wingsurf and sailing gear.

2. Liability for property damage and personal injury is excluded.

3. In the event of self-caused damage or damage caused by others, the participant/tenant is obliged to report it. The participant/renter undertakes to treat and guide the kitesurf, SUP, kayak, wingsurf and sailing equipment with care.

4. The participant/renter is personally liable for self-inflicted damage (including failure and consequential damage) to kitesurfing, SUP, kayak, wingsurfing and sailing equipment.

5. No liability is assumed for the loss of valuables, glasses, money and other objects.

 

 

7. Additional Rental Terms

1. The surf school Kitesurf & Paddle is entitled to refuse to hand over the kitesurf, SUP, kayak, wing and sailing equipment if the customer/renter does not have the required qualification (VDWS or IKO license).

2. If, after the handover, despite the license, the renter reveals a lack of qualifications (lack of control of the sports equipment, violation of the safety and driving rules, endangering others) with regard to the safe handling of the kitesurfing, SUP, kayak, wing or sailing gear or if he acts contrary to the given instructions, Kitesurf & Paddle declare the immediate withdrawal from the contract and withhold the rental fee.

3. The renter is obliged to return the rented equipment on time. Meteorological events are to be taken into account and do not constitute a reason for a late return.

4. The renter is liable for all damages and expenses caused by a late return. Otherwise, the renter jointly and severally liable to the lessor for all obligations arising from the rental agreement. The renter is also responsible for the fault of his co-users.

 

 

8. Severability

The invalidity of individual provisions does not result in the invalidity of the entire contract. The contracting parties undertake to replace any invalid provision, if possible, with a clause that corresponds to the presumed will.