Terms and Conditions
Claims for damages against the organiser, his employees or other constitutionally appointed representatives as well as against the persons commissioned and employed in the performance of the contract are excluded, insofar as this does not involve personal injury caused by them in each case or other damage caused intentionally or by gross negligence. Furthermore, the exclusion of liability set out in sentence 1 does not cover damage due to the breach of an essential contractual obligation, so that in the event of such damage occurring, liability for this even in the case of slight negligence remains unaffected. In such a case, however, the scope of the claim shall be limited to compensation for the foreseeable damage typical for the contract. In this context, an essential contractual obligation is understood to be an obligation the fulfilment of which is a prerequisite for the proper performance of the contract and on the fulfilment of which the participant may regularly rely. The participant is aware that participation in the booked course (or service), as well as the practice of sports in general, involves an increased risk of injury. In the case of water sports, the participant must be a good swimmer. Each participant in the courses and experiences or in other training courses or rentals must insure himself/herself sufficiently and comprehensively by means of liability, accident, health insurance, etc. Participation places special demands on physical fitness, so that the participant expressly confirms with his/her signature that he/she is healthy and fit for sport. In case of doubt, the participant should be examined by a doctor before registering. If the participant chooses not to wear a helmet, this is also his/her own responsibility. Any other material brought by the participant must be checked by him/herself for suitability before the start of the course. If the participant rents material, he/she is also responsible for checking the suitability of this material, even if this has already been done by the school itself. The participant undertakes to handle the equipment entrusted to him/her with care, otherwise he/she will be liable for damages. In particular, unauthorised use of the equipment by third parties must be avoided and can lead to termination of the rental contract with the kite school without notice, as can all other cases of use contrary to the contract. Damage caused by the participant/renter himself/herself or by third parties must be reported immediately to the contractual partner. In the case of self-inflicted damage, the damage must also be reported immediately to the relevant liability insurance company.I/we have informed myself/ourselves in advance about the risks and possible dangers of the sport and once again expressly accept the general conditions of participation, in particular the exclusion of liability listed there, as well as the other conditions of participation.
Cancellation of the course due to weather, staff or number of participants
If weather conditions (too much/too little wind, thunderstorms), lack of staff, insufficient number of participants or the like do not allow the course to be held in part or in full, the booked course service or the remaining time can be used immediately on the following day or later by arrangement. This assumes that we have this capacity. As we have a high cost, we do not refund payments. We give the opportunity for a one-time make-up appointment, which must be arranged in good time and bindingly. This must take place in the following season at the latest. As this is a goodwill gesture, we reserve the right to do so. We reserve the right to take an expense allowance of ten to twenty percent of the attendance time from the hourly account, but decide this on a case-by-case basis. Hours or credits cannot be transferred and vouchers cannot be paid out. If it is already foreseeable for us that the course cannot be carried out due to weather, staff or number of participants, we will cancel the course at least 24 to 48 hours in advance and try to arrange another date directly.
The following proportions of the fee are payable to us for cancellations of bookings from the day of booking up to 30 days before the start: 15% of the course and rental fee. Cancellation of bookings from 29 days to 15 days before the start: 30 % of the course and rental fee. Cancellation of bookings from 14 days to 48 hours before the start: 50% of the course and rental fee. Cancellation of bookings less than 48 hours up to the day before the start: 80 % of the course and rental fee. Cancellation of bookings on the day before the start or no-show: 100 % of the course and rental fee.
Choice of law
German law shall apply to the contract concluded between the parties. In the case of cross-border issues not covered by this in the area of non-contractual and tort law, the parties may subsequently and retroactively make a choice of law after the occurrence of the event through which such a non-contractual obligation arose.
Agreement on jurisdiction
Provided that no other exclusive place of jurisdiction is given and it does not concern a property dispute which would fall under the jurisdiction of the local courts, the place of residence of the owner of the school is agreed as the exclusive place of jurisdiction for all claims arising from or on the basis of this contract in the following cases. This agreement on the place of jurisdiction shall also apply if the contracting party has moved its domicile or place of residence outside Germany after conclusion of the contract or if the domicile of the contracting party or habitual place of residence is not known at the time the action is brought, but ultimately also expressly in the case of cross-border situations, i.e. if the contracting party has no general place of jurisdiction in Germany. In the latter case, however, the agreement must be concluded in writing as a requirement for effectiveness or, if concluded orally, confirmed in writing.
The following provisions shall apply in addition to the above to participants who are minors, even in the case of only one legal guardian. If the participant is a minor, the legal guardians declare with their contractual signature that the young person (child) is adequately covered by their insurance against corresponding damages. In addition, they expressly confirm that, in their experience, the young person (child) also has the mental maturity to be able to follow the instructor’s instructions with the necessary seriousness and to do so without restriction. The obligation to follow the instructor’s instructions unconditionally also applies to all other participants, as otherwise, in the event of contravention or non-observance of proper instructions, the above-mentioned exclusion of liability in favour of the user of the conditions of participation could come into effect in the event of damage occurring. I/we hereby give permission for my/our child to participate in the booked course and to use the rental equipment. I/we hereby confirm in writing that my/our child is covered by my/our liability insurance. As far as it is possible for me/us in terms of time and space, I/we will also try to fulfil our duty of supervision on site. This declaration must be signed by both legal guardians, unless the undersigned assures that he/she is acting in agreement with the other legal guardian or has sole custody of the child.