Welcome to TheKiteMag Clinics website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy and/or disclaimer govern TheKiteMag Clinic’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.
The term ‘TheKiteMag Clinics’ or ‘us’ or ‘we’ refers to the owner of the website. The term ‘you’ refers to the user or viewer of our website.
The use of this website is subject to the following terms of use:
- General provisions
These terms and conditions apply to all types of kitesurfing / surfing rentals and kitesurfing / surfing trips, organised by TheKiteMag and the Participant (and the parent or legal guardian of the Participant if the Participant is a minor). Use of all safety equipment is highly recommended by TheKiteMag, if a Participant refuses to use it during a clinic, he/she takes all responsibility for all possible damages arising out of that.
- Application
Participants can apply for the clinic in person, through the internet, or by phone. By signing the application form for participation in TheKiteMag Clinic the Participant accepts these terms and conditions. If applying through the internet or through phone, the Participant accepts the terms and conditions too.
- Payment
100% of the total cost has to be paid in full prior to the beginning of the clinic.
- Cancellation and changes of booking
Any cancellations or changes to the booking must be made in writing and will only be accepted from the date they are received by TheKiteMag. Refunds for cancellations are as follows:
- Before 6 weeks before arrival date: full amount
- Less than 6 weeks before arrival date: no refund
TheKiteMag will communicate (at the latest) 6 weeks before the trip if it happens or not. If the trip cannot take place for any reason, TheKiteMag will refund the Participants 100%. Alternatively a Participant can request a place on an alternate clinic and will get priority for this.
TheKiteMag provides the opportunity to transfer the trip to a third person. This has to be communicated in advance at least one week before the arrival date.
The booking can be changed 14 days prior to the beginning of the trip, TheKiteMag will make every effort to change the requested booking. In any case, less than 14 days prior to the start, no changes can be made.
- Arrival / Departure
TheKiteMag provide the airport transfers through a company or their own transportation. The Participant shall wait at the agreed arrival time at the airport where a sign where their name and the name of the company will be written. For changes of arrival / departure times, the Participant has to communicate with TheKiteMag by phone on the contact number provided before the clinic.
- Delay of Participant
If Participant arrives at the airport and has not communicated, TheKiteMag is not obliged to pick him/her up.
- Accommodation / Food
TheKiteMag may offer accommodation and food depending on the booked clinic. As the food and accommodation providers are third party service providers, TheKiteMag do not take any responsibility or liability for any issues arising from this.
- Cancellation and changes of booking because of higher forces
If the weather conditions are not suitable during the trip and the participant is not able to kitesurf, TheKiteMag will provide alternate activities but are not obliged to give the Participant any refund. If the booking is cancelled because of an unforeseen act of nature or war then no refund will be provided and the Participant should claim through their travel insurance.
- Safety
The Participant is obliged to take care of his/her own safety, safety of other Participants and other persons in the vicinity. The Participant must be in good health and has to declare any medical conditions that may affect his/her or others safety whilst participating in kitesurfing trips. When in doubt TheKiteMag recommend to consult a family doctor. He/she must be able to swim for at least 15 minutes in open water without any support. During the practice of kitesurfing / surfing, the Participant should not be under the influence of alcohol, drugs or other sedatives. The organiser may suspend a Participant from the practice, if he/she does not have a sufficient kitesurfing level and/or is behaving dangerously. In this case TheKiteMag will not refund any money.
- Insurance
The Participant has to provide accidental and travel insurance for all booked clinics. TheKiteMag are not responsible for any damages, delays or else avoidable or unavoidable things which may happen to the Participant during his or her clinic. This insurance is recommended: https://www.chapkadirect.com/.
- Risks & Liabilities
The Participant voluntarily assumes all risks related to the sport of kitesurfing, known and unknown. The organiser is obligated to have a valid accident, third party liability and damage insurance policy. If the Participant does not have a copy, it can be seen here: https://cp.vdws.de/shop/insurance/IS and indicate the partner school number: VS17798. Medical and accident insurance are not provided by TheKiteMag. TheKiteMag accepts no liability for loss or damage of Participant ́s property. The Participant is liable for all the damage or loss of equipment during the clinic and must pay an amount equal to damage/loss on its own.
The Participant releases and discharges TheKiteMag from any and all liabilities, claims, demands, or causes of action that he/she may hereafter have for sports injuries, loss/damage of their equipment or third party claims however caused, even if caused in whole or part by the action, inaction or negligence (whether active or passive) of TheKiteMag, other Participants or third party/third parties to the fullest extent allowed by law. Therefore the Participant will not sue or make a claim against TheKiteMag or any Released Party for loss or damage on account of sports injuries, travel injuries, loss or damage of their equipment or third party claims. If he/she violates this by filing such a suit or making such a claim, he/she will pay all attorney ́s fees and costs incurred by TheKiteMag.
For the purpose of these terms and conditions, “RELEASED PARTIES” may include, without limitation, the owners (or beneficial owners), officers, directors, agents, spouses, employees, officials (elected or otherwise), members, representatives, examiners, trainers, certified instructors, certified schools, independent contractors, sub-contractors, lessors and lessees, and in addition the related service providers, partners and other stakeholders, by whatever name they may be called. TheKiteMag shall not be liable or accountable towards any third party injuries or claims arising due to the negligence of the Participant.
- Disclosure for Indemnification
The Participant confirms that they are at least 18 years of age, or is the parent or legal guardian of the Participant and is making this Agreement on their behalf. The parent or legal guardian of the Participant AGREE TO INDEMNIFY AND REIMBURSE the RELEASED PARTIES for their defense and indemnity from any claim or liability in the event that the Participant suffers sports injuries as a result of participation, even if caused in whole or in part by the action, inaction or negligence (whether active or passive) of any of the RELEASED PARTIES, to the fullest extent allowed by law.
- Laws & Jurisdiction
All disputes and matters whatsoever concerning sports injuries, loss or damage of the equipment and third party claims or arising under, in connection with these terms and conditions shall be litigated, if at all, in and before a Court located in Spain, to the exclusion of the Courts of any other Country.
- Personal data, photo and video
By accepting these terms and conditions the Participant agrees that his/her personal data can be used for TheKiteMag’s marketing/promotions and for notification about offers from TheKiteMag. This personal data will not be forwarded to third parties if they are not connected with TheKiteMag. During the clinic photos and videos can be taken by TheKiteMag. By accepting these terms and conditions, the Participant grants TheKiteMag the right to use the photos and videos of him/her for promotional purposes.
- Additional
TheKiteMag reserve the right to change the content of these terms and conditions at any time.
- Severability
If any part, article, paragraph, sentence or clause of these Terms and conditions is/are not enforceable, the affected provision shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, and the remainder of the agreement shall continue in full force and effect.
- Construction
These Terms and Conditions are in addition to and are not intended to replace any other agreements related to liability for sports injuries, damage or loss that the Participant (or Participant ́s parents or legal guardians) may have signed, either in the past or in the future. To the extent that there is any conflict between the documents, the Participant (or Participant’s parents or legal guardians) intends to be subject to the document that provides the most expansive release of claims and assumption of risk allowed by law.
- Effectiveness
By signing the application form for participation in the clinic, or when applying over the internet or phone, the Participant claims that he/she has read and understood the terms and conditions of TheKiteMag and that he/she will act according to these rules. If the Participant is a minor, written consent of the legal representative must be provided.
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