Terms of Service

The present Terms of Service are an integrated part of the contract concluded between the traveller and Kite-Events, Raik Richter, Tschöpperlistrasse 8a, 4147 Aesch, later in here referred to as Kite-Events. By booking an activity offered by Kite-Events the traveller accepts these Terms of Service.

1. Registration, Booking
Registration takes place with Kite-Events in writing, by telephone, by E-mail or in person.

The traveller is bound to his registration for 5 work days.

If the traveller registers further participants, he/she is liable for the participant's contractual duties as well as for his/her own, in particular concerning the payment of the travel price.

First names and surnames are to be registered on the form according to the used personal ID cards.

The contract is concluded by confirmation through Kite-Events.

2. Subject of contract
Kite-Events agree to perform the services as booked by the traveller. The services are contractually agreed upon according to the service description (displayed in catalogues, flyer and internet for example) and the specifications in the confirmation related to that. The travel agent is entitled to change the service description priory to the conclusion of the contract at any time. However, the traveller will be informed about such change before placing the booking.

The performance duty of Kite-Events is restricted to the services contractually agreed upon, such as transport, accommodation, sports equipment. The performance duty of Kite-Events does not include weather conditions and other circumstances necessary to exercise sportive activities.

Accommodation takes place in a double room.

The journeys and services advertised on the website of Kite-Events are non-binding offers. Kite-Events explicitly reserve the right to change the advertisements at any time.

3. Prices
Price for travellers with permanent residence in Switzerland is to be paid in Swiss Francs. Travellers with a permanent residence in other countries pay in Euro. The services included in the prices result from the advertisements and the service description. Changes of prices are reserved. Possible price changes will be communicated on placing the booking.

4. Terms of payment
An advanced payment if 30 % of the total price, at least 250.00 CHF, 200.00 EUR respectively, is due immediately after issuance of the booking confirmation. The remaining amount is due latest 30 days before the departure. On short-term booking of less than 31 days before departure, the complete journey price is due immediately.

On default of punctual advanced or complete payment, Kite-Events is entitled to refuse to perform the services, to withdraw from the contract and to charge cancellation fees according to No. 6 of this agreement after fruitless expiry of a reminder granting a short payment term.

5. Requirements for participation and co-operational duties
A good physical condition is required for all activities. All travellers are obligated to announce obvious health problems to Kite-Events when placing the booking. If health problems or other problems should occur during the event, Kite-Events or the respective travel guide are to be informed immediately.

Every participant is solely responsible for the actual conduct of the booked sportive activity.

The participants are expected to be considerate concerning other participants and to integrate themselves actively into the travel group. Every participant agrees to take part in the evening cooking according to the program. The accommodation is a non-smoking accommodation. Smoking is prohibited in the entire premises.

Orders of Kite-Events, the travel guide/service performer respectively, are to be followed.

6. Withdrawal, changes by the traveller

6.1. Withdrawal, changes by the traveller
Cancellation and rebookings are to be made by e-mail (info@kite-events.ch) or by letter. The calculation of cancellation fees is subject to the date – common office hours - on which the cancellation or modification request is submitted. If the request is handed in on Saturdays, Sundays and national holidays (according to holiday regulation of the canton Baselland, Switzerland), the following work day is basis for the calculation. This regulation also applies to electronically submitted requests.

6.2. Cancellation and rebooking fees
• up to 40 days before departure 30 % of the total travel price
• 39-30 days before departure 50 % of the total travel price
• 29-14 days before departure 75 % of the total travel price
• 13-3 days before departure 95 % of the total travel price
• 2 days before departure/non-arrival 100 % of the total travel price

6.3. Rebooking
6.3.1. Journey (ferry & accommodation)
Rebookings are only possible for other advertised travel dates. If the booking is confirmed by Kite-Events, the rebooking fee up to 40 days before departure is 25 CHF, 20 EUR respectively. Rebookings less than 40 days before departure will be considered as cancellations with new registration. The cancellation fees of No. 6.2. apply.

6.3.2. Substitute participants
The participant may appoint a substitute participant who will take part instead according to the agreed conditions. The substitute participant must fulfil the travel conditions and must be solvent. The original participant will be released from the contract as soon as the substitute participant has taken over the contractual position and has paid the price contractually agreed upon. The original participant is charged a rebooking fee of 25 CHF, 20 EUR respectively, by Kite-Events. The substitute participant may be appointed up to 10 days before departure. Kite-Events take 5 days to assess the substitute participant and to modify the booking. If the substitute participant is appointed less than 10 days before departure, the journey will be considered as cancellation with new registration (cancellation fees acc. to 6.2.)

7. Minimum number of participants, withdrawal, modification by Kite-Events after contract conclusion
7.1. Minimum number of participants
For all journeys the minimum number of participants is 8. If the minimum number of 8 participants is not reached, Kite-Events is entitled to withdraw from the contract up to 4 weeks before departure. The participants will be informed about the withdrawal immediately. Further going claims are excluded.

7.2. Modifications and cancellation by Kite-Events
In the interest of the participants, Kite-Events reserve the right to modify single services or the entire itinerary if unforeseeable or inevitable circumstances require doing so. Kite-Event will inform about those modifications and their effect on the travel price as quickly as possible.

If there should be a significant modification of an essential contractual aspect, the participant has the right to accept this modification or to withdraw from the contract.

If Kite-Events draw the conclusion that the journey or single activities are significantly jeopardised, complicated or impossible to be conducted due to unstable weather conditions or environmental circumstances, force majeure, authority measures, political unrest or strikes etc., Kite-Events may cancel those at any time. The participants will be informed about the withdrawal immediately; already paid sums will be refunded. Further going claims are excluded.

7.3. Exclusion of participants due to participant's fault
Kite-Events are entitled to exclude participants from the journey if his/her actions or omission give reason to do so. In that case the travel price is still due and will not be refunded.

8. Price increase
Kite-Events reserve the right to increase price after conclusion of the contract if transport cost, fees for certain services or the currency exchange rate increase.

Kite-Events will inform about possible price increases up to 3 weeks before departure. In case of price increases of more than 10%, the participant is entitled to withdraw from the contract. Participants are to send their withdrawal declaration to Kite-Events within 5 days after being informed about the price increase. In that case Kite-Events will refund the paid travel price immediately under exclusion of further going claims.

9. Arrival, non-obtained services, abortion of the journey through the participant
The participant is responsible for the punctual arrival at the place where the journey begins. On late arrival, the participant bears all additional costs. Non-obtained services will not be refunded.

If the participants cannot take advantage of all services due to being late, e.g. meals, those will not be refunded.

If the participant aborts the journey, non-obtained services cannot be refunded. The participant bears possible costs for the return travel etc.

10. Program changes after the beginning of the journey, abortion of the journey/activity through Kite-Events
Kite-Events is entitled to change or abort single parts or the entire activity or journey at any time if weather or environmental conditions, force majeure, official decrees or other unforeseeable or inevitable conditions jeopardise, complicate or make the conduct of the activity impossible.

Kite-Events, the travel guide respectively, are entitled to exclude participants from single activities or the entire journey if they endanger themselves, other participants, parts of the journey or the entire journey by their behaviour.

11. Cancellation costs, insurance for baggage, theft, accidents and health insurance
The journeys do not include cancellation costs, insurance for baggage, theft, accidents and health insurance. The participants are solely responsible for sufficient insurance coverage. Therefore participants are advised to check if their baggage-, accident- or health insurances have sufficient coverage. The health costs abroad may be significantly higher as in Switzerland or the country of residence.

In addition, we recommend to contract a travel cancellation insurance (Travelsafe, Elvira or Mobiliar etc.). Such insurances may also be contracted via Kite-Events.

12. Liability of the event participant
The event participants are to carefully treat the provided rental and test material according to Kite-Events' or the service performer's instructions. The participants are liable for damages caused on rental and test material.

The accommodation is to be treated carefully and the house rules are to be complied with. The participant is liable for damages caused to the accommodation or the furniture, respectively.

During the activities the participants are to follow Kite-Events' or the travel guide's instructions. They are to be considerate of other participants. If a participant causes damage to another participant or in another way, he/she is liable for the damage caused. If Kite-Events are prosecuted in such cases, Kite-Events may completely take regress and claim the damage as well as all costs from the participant who caused the damage.

13. Liability of Kite-Events
13.1. General information
Kite-Events compensates the participant for the non-performance of agreed services as far as Kite-Events or the travel guide fail to offer comparable services at once and so causing an impaired value of the journey, whereat Kite-Events' service duties do not consider weather and non-influenceable conditions relevant for the exercise of sports or other agreed activities. Kite-Events are not liable for the non-exercise or only partly exercise of sports activities due to weather conditions etc. 13.2. Exclusion of Kite-Events' liability
Kite-Events are not liable in case of damages caused:
● by failures of the participant priory or during the activity, especially if he/she overestimates or wrongly estimates his/her own abilities or does not follow Kite-Events' or the travel guides instructions;
● by unforeseeable or inevitable failures of third parties not involved in performing the service
● by force majeure or by incidents which Kite-Events or the travel guide could not foresee or avert despite all due diligence

In these cases any duties to compensate damages are excluded.

13.3. Limitation of liability for material and financial damages etc.
For other than physical damages resulting from the non-fulfilment or undue fulfilment of the contract, the liability of Kite-Events is limited to the maximum of the double travel price/person per participant, unless the damage is caused by intention or gross negligence; alternative regulations according to these Terms of Service are reserved as well as

13.4. Limitations and exclusions of liability according to international treaties and national laws
further going limitations and exclusions of liability according to applicable international treaties, laws based on international treaties and national laws that overrule these contractual regulations.

13.5. Flight and ship baggage
13.5.1. Flight baggage
Damages to flight baggage or its delayed delivery are to be reported immediately to the responsible airline by a notice of loss (P.I.R.). Airlines usually reject any damage claim if such notice of loss is not handed in or handed in too late.
If baggage damages are not reported within 7 days, damages due to delayed delivery not within 21 days after the handing-over of the baggage, all rights of the participant are forfeit.

13.5.2. Ship baggage
If cabin baggage should be damaged during the transport, the damage is to be reported to the carrier in writing latest on disembarkment. Damages on other pieces of baggage are to be reported on handing-over. Non-obvious damages or the loss of the baggage are to be reported within 15 days after disembarkment or handing-over, respectively.

13.6. Non-contractual (tortious) liability of Kite-Events
Non-contractual liability is based on the respective legal regulations and international treaties. For other damages than physical damages, the liability is limited to the maximum of the double travel price/person per participant in any case, unless international treaties, laws based on international treaties, national laws or these Terms of Service set further going limitations and exclusion of liability.

14. Services of third-party enterprises
Under certain circumstances it is possible to book services or to take part in events of third-party enterprises (external services) on-site. In these cases the participant directly concludes a contract with the third-party enterprise (external service provider). The third-party enterprise performs according to its own contractual and liability conditions.

Kite-Events are not liable for third-party enterprises (external services).

15. Objections, complaints, temporal limitation of liability
If a participant has reason to object during the journey or activity or suffers damage, he/she is to report to Kite-Events or the travel guide immediately has his/her objection to be confirmed. The travel guide or Kite-Events are anxious to rectify the defect and the damage during the activity. All claims against Kite-Events are to be asserted within 30 days after the contractual end of the journey under enclosure of the written confirmation of the event guide.

All rights of the participant are considered to be forfeit if the defect, the damage respectively, is not reported immediately during the journey to the travel guide or Kite-Events or if claims against Kite-Events are not asserted within 30 days after the contractual end of the journey (forfeit of rights).

All claims against Kite-Events expire one year after the contractual end of the journey. Shorter forfeiture terms, expiry terms respectively, are subject to legal regulations. This regulation is subject to mandatory, contractually not changeable longer legal expiry terms.

Alternative regulations concerning flight baggage (No. 13.5.1) and ship baggage (13.5.2.) are reserved.

16. Data protection
Kite-Events are bound to the Swiss Data Protection Act and process participant's personal data according to these regulations. If necessary for the fulfilment of the contract, Kite-Events will pass on the participant's personal data to service performers. Those may be located abroad. The service performers and Kite-Events may be obligated to pass on or to make personal data accessible to authorities if required by law or by official decree.

17. Entry, Visa and health regulations, baggage regulations
17.1. Entry regulations
In the journey advertisement details concerning passport and entry regulations are published. These regulations apply to citizens of Switzerland and Germany. Kite-Events pre-assume that no peculiarities, such as dual citizenship or statelessness, are existent.

17.2. Citizens of states of the Schengen Area
If the participant, as a citizen of a state of the Schengen Area, is travelling from one Schengen state to another Schengen state, no systematic controls of travel documents take place, yet the participant has to be in possession of mandatory travel documents and has to carry the mandatory personal ID Card with him/her at any time.

17.3. Travel documents
The participant alone is responsible if travel documents have to be issued or extended etc. If a travel document is not available or issued too late and the journey has to be cancelled or postponed, the cancellation regulations apply. 17.5. Compliance with entry requirements
The participant is responsible for the compliance with entry, health and exchange control regulations. The participant is to check priory to departure if all necessary documents are available and at hand.

17.6. Baggage regulations
Some airlines charge additional fees for baggage, which are not included in the travel price. Also for excess baggage, skiing equipment etc., extra baggage fees may be charged. Under certain circumstances those pieces of baggage are transported only on prior registration. For this registration the participant alone is responsible.

18. Applicable law, place of jurisdiction
18.1. Swiss law exclusively applies to the relationship between the participant (and other legally entitled claimants) and Kite-Events.

18.2. The exclusive place of jurisdiction for contractual as well as non-contractual claims is Aesch, Switzerland.

18.3. The choice of law (No. 18.1.) and the place of jurisdiction (No. 18.2.) are subject to mandatory applicable, contractually non-changeable regulations of mandatory applicable international treaties and national laws.

19. Changes or amendments to advertisements and these Terms of Service
Kite-Events may change advertisements, prices or these Terms of Service at any time

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