These general terms and conditions ("GTC") apply to the entire business area of KiteBoat Cruises. The company organizes and arranges trips. Furthermore offers kite courses, coaching (for kite-technical progress), photo shootings, video recordings, care at Kiting and Rescue services on.
2. Conclusion of contract.
The contract comes through the confirmation of the company regarding the purchase of services by the customer.
The contract is concluded in any case if the customer offers the services offered by the company takes up.
The booking is binding on both sides upon receipt of payment. From the conclusion of the contract, the space is reserved, if booked on time, booked.
Unless otherwise stated, all prices are in Euros €, U.S. Dollars $. All prices are exclusive of any applicable value added tax (VAT).
The prices are exclusive of any further applicable taxes.
The company reserves the right to change prices at any time. It applies at the time of the conclusion of the contract valid prices.
If a commission has been agreed, this will be owed with fulfillment of the obligations by the company. If the customer pays the customer, has no effect on the origination and maturity of the commission, is relevant the fulfillment of duties by the company.
Price increases are possible in principle. The calculation of the price increase follows the same criteria such as the calculation of the basic price. However, they must be made at least 3 (three) weeks before the departure date. The price increase has to be based on one of the following reasons: increase in transport costs, including fuel costs, an increase in charges for certain services, such as landing fees, docking or disembarkation fees in ports and corresponding fees at airports or change in exchange rates applicable to the package.
If the price increase is more than 10%, it is a significant contract change. The customer has the right to accept the change or to withdraw from the contract. He has his decision to inform the company as soon as possible, but definitely before the start of the journey. If the customer of the contract he wants to withdraw, he is entitled to participate in another equivalent or higher package tour, if the company or one of your business partners can offer one, or to participate in another inferior package holiday or to refund the price difference or on the fastest possible refund of all amounts paid by him. Reserved remains the claim compensation for non-performance of the contract.
The company offers the following payment options to the customer: invoice, prepayment, down payment.
The customer is obliged to pay the invoiced amount within 30 (thirty) days from the invoice date to pay.
If the invoice is not paid within the aforementioned payment period, the customer will automatically be in default.
The travel documents will be delivered approx. 10-14 days before the start of the journey, but only after full payment.
From the time of default, the customer owes default interest in the amount of 5% (five percent).
Settlement of the invoiced amount with a possible claim of the customer against the company is not permitted.
With a high order total, the company can ask the customer for a down payment.
The company has the right to refuse delivery or service provision in the event of default in payment. A reserved space can then be passed on to other customeris.
Material orders are made only on prepayment.
5. Obligations of the company:
5.1. Service delivery.
Unless otherwise agreed, the Company will fulfill its obligation by providing the agreed service. If no further provisions are agreed, the place of performance shall be the registered office of the company.
The parties have the express right to be assistants for the performance of their contractual obligations call in. You must ensure that the assistant is provided in compliance with all mandatory statutory provisions and any collective agreements. Fall additional costs for the order of auxiliary persons on the part of the customer, these go to loads of the customer.
Costs for the appointment of auxiliary persons on the part of the company are included in the offered price calculation.
6. Duties of the customer.
The customer is obligated to make all arrangements for the provision of the service by the company
are required to increase immediately. The customer must make the arrangements at the agreed place at the agreed time and in the agreed amount. Depending on the circumstances, this includes providing the company with suitable information and documents.
The customer is responsible for the correctness of the required information about himself and any third parties responsible for the company and has to fully bear the consequences of any errors.
Costs and expenses for valid identification documents, visa, residence permits and health preparations for the journey (eg vaccination) must be fully assumed and performed by the customer. The carrying of all necessary travel documents is the duty and responsibility of the customer.
The customer is aware that in those cases in which the company acts only as a mediator, he the contract with the third party (airline, tour operator etc) received and its terms apply.
For services provided by other tour operators or service companies, the company is merely an intermediary, but not acting as a contracting party; their own contract and travel conditions apply. The customer must notify the customer in writing of any defects vis-à-vis the company and the service provider.
7. Travel cancellation.
If the customer can not start the journey or does not use a service for reasons that are not attributable to the company, the customer has the company immediately in writing with information to inform the reason. In such cases, cancellation costs will apply. Relevant for the calculation the cancellation fee is the date of receipt of the letter from the company. In addition, the cancellation costs of the respective organizer and the booked transport company apply.
If the customer is prevented from entering the package holiday, he may assign the booking to a person, which meets all the conditions attached to the participation, if he previously the company within a reasonable time informed before the departure date. This person and the customer are liable to the company for the payment of the price as well as any additional costs arising from this assignment.
The Company reserves the right to charge a fee for the re-booking costs. Of the resignation / replacement must be announced no later than 30 days before departure.
If the company cancels the service for reasons for which the customer is not responsible, then the customer has entitlement to the possibilities according to the above-mentioned paragraph. The claim for damages for non-performance
does not exist if the cancellation is due to failure to reach the minimum number of participants or force mature he follows.
A personal travel insurance of the customer is strongly recommended.
The company is entitled to terminate the contract without notice if the execution of the
Travel despite a corresponding warning by the customer is disturbed lasting. The same goes for
the suspicion that the customer in the holiday country or on the journey a punishable and after Swiss
Criminal law has been punishable by imprisonment threatened with action, or if the customer is in such mass
contrary to the contract, that the immediate cancellation of the contract is justified. The company keeps
however, the claim to the travel price. Any additional costs for the return transport of the customer as a disturber
The costs saved as a result as well as advantages gained from services not used, including reimbursements by other service providers, however, will be borne by the customer
9. Head hunting and employment ban.
The customer may without the express written consent of the company of its employees or other to recruit or hire assistants neither on their own nor on behalf of a third party. Even after termination of the contractual relationship, the customer is prohibited from employing employees or other auxiliary persons company in any way directly or indirectly to deal. This prohibition is valid for one year after termination of the contractual relationship and is limited to the area of activity of the corresponding employee or assistant.
The company guarantees to carry out the agreed services in industry-standard quality.
The liability for any indirect damage and consequential damage is fully excluded.
The company is not liable for performance disturbances, personal injury and property damage in connection with services, which are merely conveyed as external services.
Damage or delays in the delivery of air travel must be clarified and resolved by the customer on the spot with the airlines. The company disclaims all liability. There is no entitlement to reimbursement due to the resulting reduction or impossibility of the service.
The company is basically liable to the customer for the services offered, independently of who is responsible for their execution. The company is not liable if the failure or the incomplete fulfillment of the contract is due to: negligence of the customer; on unpredictable or unavoidable negligence of third parties involved in the provision of the contractually agreed services are not involved; force majeure or an event, which the organizer, the mediator or the
Service provider despite all due care could not foresee or avert. Even if the company is not liable, it must endeavor to provide assistance to the customer.
For any damage, except personal injury, the liability is limited to twice the price of the service, except for damage caused intentionally or through gross negligence.
The customer is obliged to report any damage to the company immediately.
Any liability for auxiliary persons is completely excluded.
Damage to third parties, rental equipment or property damage caused by the customer shall be borne by the customer to the customer, the company disclaims all liability. It is strongly recommended to take out a personal child liability insurance. The Company reserves the right to have its customers provide the kit liability insurance in order to book or make use of a service to be able to.
12. Intellectual property rights.
All rights to the products, services and any trademarks belong to the company or it is authorized to use them by the owner.
Neither these General Terms and Conditions nor any related individual agreements cover the transfer of any intellectual property rights unless explicitly stated.
In addition, any re-use, publication or making available of information, pictures, texts or other information the customer receives in connection with these provisions is prohibited, unless it is explicitly approved by the company.
In connection with the company, the customer uses contents, texts or pictorial material on which third parties have a protective right, the customer has to ensure that no third-party property rights are violated.
The company may process and use the data included in the contract to fulfill its obligations under the contract. The company takes the measures to secure the data are required according to the legal regulations. The customer agrees with the storage and the contractual use of its data by the company fully agrees and is aware that the company is obliged and authorized by order of courts or authorities to provide information to the customer or to third parties. If the customer has not expressly prohibited it, may the company uses the data for marketing purposes. The data necessary for performance can also be passed on to commissioned service partners or other third parties.
These terms and conditions may be changed by the company at any time.
The new version will enter into force 30 (thirty) days after it has been activated on the website by the company.
In principle, the version of the GTC which is valid at the time of the conclusion of the contract applies to the customers
is. It is because, the customer has agreed to a newer version of the terms.
These terms and conditions precede all older terms and contracts. Only provisions from individual contracts which specify the terms of these GTCs are subject to these GTC.
16. Sever ability clause.
Should any provision of this Agreement or any supplement to this Agreement be or become invalid, then otherwise, the validity of the contract is not affected. The Contracting Parties shall replace the invalid provision by an effective provision which corresponds to the intended economic purpose of the invalid provision comes as close as possible. The same applies to any contract gaps.
Both parties, as well as their assistants, undertake to treat as confidential all information provided or acquired in connection with the services. This duty remains also exist after the termination of the contract.
18. Force mature.
Is the timely performance by the company, its suppliers or third parties due to higher violence such as natural disasters, earthquakes, volcanic eruptions, avalanches, storms, thunderstorms, storms, wars, civil unrest, civil wars, revolutions and revolts, terrorism, sabotage, strikes, nuclear accidents respectively. Damage to the reactor is impossible for the company during the period of force majeure and an appropriate start-up period after the end of which it is exempted from fulfilling the duties involved. Takes the higher violence for more than 30 (thirty) days, the company can withdraw from the contract. The company has the customer fully refunded fees already paid.
Any further claims, in particular claims for damages due to vis major are excluded.
19. Agents and Distributors.
The customer acknowledges that any sales partner or agent will work independently and thus independently of the company and assert any potential claims against them directly are. The company is in no way liable for breaches of contract by any agents and distributors.
20. Applicable Law / Jurisdiction.
These terms and conditions are subject to Belize’s law. Insofar as no mandatory statutory provisions apply, the court at the registered office of the company is responsible. The company is free to file a lawsuit at the defendant's domicile
to raise. The United Nations Convention on Contracts for the International Sale of Products (SR 0.221.211.1) is explicitly excluded.