GDPR

USED SHORTCUTS

KP	Kitepower El Gouna
T&C	General Terms & Conditions
DD	Privacy Policy
In the following, a person is called as participant, customer, renter. This refers to both the male and female form of the person who concludes the contract.In the following, the KP-staff is mentioned as KP-team, kite instructor, beachboy (s), stationmanager.

1. ORGANIZER

Kitepower El Gouna
FRZ14, El Gouna, Egypt

2. CONDITIONS OF PARTICIPATION

1. The participant will be particularly advised of the following:
   • kitesurfing is a high-risk sport.
   • there is an increased risk of personal injury, both in the own person and in a third party.
   • the customer must follow the instructions of the instructors immediately and unconditionally.
   • in case of improper conduct, the organizer does not accept liability for personal injury or material damage.
2. The participant must be healthy.
   The participant expressly declares that he/she has neither health issues, nor conditional, and from a medical point of view is impaired and there are therefore no objections to the practice of kitesurfing and thus does not endanger himself/herself or anyone else.
   For possible complaints we recommend to contact the family doctor/GP before concluding the contract.
3. Prerequisites for participation are good swimming skills and a sporty resilience. The participant can swim for at least 15 minutes in free water without aids.

3. REGISTRATION

1. Registration for a kitesurf course, kitepass/storage, rentals and any other offers by KP must be made in writing (including the internet registration form).
2. For minors, the written consent of the legal representative must be provided in order to ensure the effectiveness of the legal declaration.

4. WITHDRAWEL BY THE PARTICIPANT

A withdrawel from the participant is possible at any time. This must be done in writing. This comes into force upon arrival at the organizer. Withdrawel of the contract will result in cancellation fees.

5. CANCELATIONS

1. The booking is binding. The following conditions apply to cancellations. The following cancellation fees apply:
   • up to 30 days before planned arrival 10%
   • from the 29th to the 20th day before planned arrival 25%
   • from the 19th to the 10th day before planned arrival 50%
   • from the 9th to the 4th day before planned arrival 65%
   • from the 3rd day (72 hours) before planned arrival 85%
   • on the day of planned arrival or no-show 100%

6. CANCELLATION BY THE ORGANIZER

1. Participants who sustained disturb a course, behave in breach of contract or deliberately endanger themselves and others can be excluded from further participation.
2. In case of violations of the terms and conditions, KP is entitled to declare the immediate withdrawal from the contract. Payments made will not be refunded.

7. BUSINESS HOURS AND PAYMENT

KP is daily opened from 9 AM until sunset (about 6 PM). Due to safety reasons, kitesurfing is not permitted before and after the opening hours, as our rescue boat and the beach staff is not operating.

Payment must be paid before 5 PM.

8. DUTY TO COOPERATE

The participant is obliged to do everything reasonable in the event of performance disruptions in order to help remedy the incident and to minimize any damage that may have occurred.

9. SAFETY / CONDITIONS OF IMPLEMENTATION / CONDITIONS OF USAGE / RESCUE

1. The KP beach is a private beach. You therefore are required to follow the instructions by KP-Team.
2. The applicable beach rules must be observed.
3. Starting and landing of the kite is only permitted on the water’s edge with the help of the start- and landing helpers. For safety reasons it is not allowed to fly the kite on the land.
4. The international KVRs (collision avoidance regulations) according to VDWS and IKO apply. These are also known as general right of way rules.
5. Jumping near the shore is not permitted for safety reasons.
6. The lifeboat is primarily available for deep water rescue. At low-tide or too low water level, the use of the lifeboat cannot be guaranteed for technical reasons.
7. Kitesurfing out of sight is at your own risk. When leaving the field of view, about 2km – eg. Up- / Downwinder, Trips to the offshore islands – KP accepts no liability or guarantee for Rescues
8. In the case of a rescue, everyone has to follow the instructions by KP-staff. Priority, however, is given to saving people. KP assumes no liability for possible damage to the material.

10. DUTY OF CARE

1. The safety and operational readiness of the kitesurfing material is ensured by regular inspections. Nevertheless, the participant / renter is obliged to check the kitesurfing material before departure. In the interest of all parties involved, each participant / renter is obliged to immediately report any damages incurred.
2. The kitesurfing equipment of KP must not be left lying on the beach for more than 15 minutes, as wind and UV light shorten the lifespan considerably. Therefore, after kiting, the material must be disassembled and – dry – returned to the office.
3. In case of non-compliance, KP’s team reserves the right to disassemble the material and issue a warning.
4. If the operational readiness of the kitesurfing material is no longer guaranteed by ignoring the instruction of the instructor or by negligent or even intentional behavior of the participant/renter, there is no entitlement to damages on the part of the participant/renter for the time lost due to the fact-finding and fault clearance.

11. LIABILITY AND DISCLAIMER

1. KP is responsible for the diligent course and event preparation, the careful selection and supervision of the service providers, the correctness of the course announcement and the proper performance of the contractually agreed performance and for the conscientious execution of the inspections to ensure the operational readiness of the kitesurfing material.
2. All activities on the kite beach are at your own risk.
3. In the case of self-inflicted or externally caused damage, the participant / renter is obliged to declare. The participant / tenant undertakes to treat and manage the kitesurfing material as his property.
4. For self-inflicted damages (including failure and consequential damages) on the Kitesurf equipment the participant / tenant is personally liable.
5. KP is not liable for property damage or personal injury of any kind. No liability is accepted for the loss or theft of valuables and objects. This also applies to the lockers and storage rooms.

12. ADDITIONAL RENTAL CONDITIONS

1. KP as landlord is entitled to refuse the handover of the kitesurfing equipment, unless the renter does has the required qualification (VDWS or IKO license).
2. If, despite the license, a lack of qualification (lack of control of the sports equipment, violation of evasion and driving rules, endangerment of others) reveals the renter with regard to the safe guidance of the kitesurfing material or this contrary to the instructions, the landlord can declare the immediate withdrawal from the contract and keep the rental fee.
3. Rental fees do not include material insurance. You may, however, obtain material insurance for € 35 per week (includes 1 damage). Insurance on a daily basis is not available. In case of negligent destruction or los of material, KP is authorized to withdraw insurance cover. In this case, the customer is required to make up for the damage.

13. COURSES AND COURSE IMPLEMENTION

1. Usually a kite surf lesson starts at the first booked day at 9 AM. If the practical part of the course can‘t take place because of too much (>25 kn) or too less (<12 kn) wind, the course will be rescheduled or replaced with a voucher with a similar value. KP is not required to reimburse part of the course fees if the customer for personal reasons ends a course rather than booked by him.
2. During kite courses you are required to follow the instructions by the kite instructors and the station director. In order to allow for orderly course proceedings on our part and with regard to the other participants, it is mandatory to adhere to the respective course schedule.
3. The participant declares to have been informed about the dangers, risks and possibilities of getting injured in the course. KP does not accept any liability for damages to material or persons that might be inflicted on course participants or third parties in the course of instructions.

14. SEVERABILITY CLAUSE

The ineffectiveness of individual provisions does not result in the ineffectiveness of the entire contract. The contracting parties undertake to replace any invalid provision by a clause corresponding to the presumed will whenever possible.

GENERAL TERMS AND CONDITIONS

for the purchase of goods and services listed on www.powerelgouna.com, operated by Kite4All s.r.o. with place of business class Kpt. Jaroše 1844/28, Černá Pole (Brno-střed), 602 00 Brno, ID number 28641663 (hereinafter referred to as the “Seller” or “Lessor”).

I – Basic provisions

These General Terms and Conditions regulate the rights and obligations of the contracting parties in the sale of goods (products) and the provision of services by the Seller to its customers (hereinafter referred to as “Buyer” or “Lessee”).
The relations between the Buyer and the Seller are governed by these General Terms and Conditions, which are an integral part of the purchase or rental agreement (hereinafter referred to as the “Agreement”). In case of inconsistency between the text of these conditions and the text of a specific written contract, the text of the specific contract takes precedence. After the conclusion of the Agreement, all previous agreements relating to the subject matter of this Agreement, which are not expressly contained therein, become invalid.
By making a draft of the Contract – an order, the Buyer (Lessee) expresses his agreement with these General Terms and Conditions, unless he explicitly states otherwise in the draft of the Contract.
II – Sale of goods – commercial disposition

Individual Contracts are concluded on the basis of written (e.g. e-mail) or verbal (also telephone) orders of the Buyer. The order becomes a draft of the Contract if it contains the first and last name, place of residence, telephone and e-mail contact of the Buyer. Furthermore, the order must contain a clear description of the subject of the contract (hereinafter referred to as the “Goods”), the number of requested pieces and the price of the Goods in accordance with the current price list of the Goods located at www.kitepowerelgouna.com. Furthermore, in the case of collection by the carrier, the order must include the place of delivery of the Goods, if it is different from the Buyer’s place of residence.
The contract is considered concluded at the moment of delivery of the Goods to the Buyer.
The Seller undertakes to deliver the Goods to the Buyer usually within five working days from the date of receipt of the order, unless otherwise agreed.
The Seller reserves the right to change the prices listed in the price list (at www.kitepowerelgouna.com) in the event of a change in its business policy, a change in currency rates, a significant increase in inflation or in the event of changes in the terms of supply of the Seller’s business partners. The Seller undertakes to inform the Buyer in writing of the purchase price of the Goods, which is different from the purchase price listed on www.kitepowerelgouna.com at the time of the order, within five working days from the date of finalization of the proposal for conclusion of the Contract. If the Buyer does not agree with such a price, he is obliged to notify the Seller within five working days of receiving the Seller’s notification and the Goods will not be sent.
The invoice is also a tax document. The tax document is also a cash sale, the so-called receipt, issued when paying in cash by the Seller’s cash desk. The purchase price of the Goods will be increased by the cost of transport and the price of delivery (according to the individual tariffs of the contractual carrier), (hereinafter referred to as the “Total price”).
The Buyer undertakes to pay the Seller the Total Price in advance to the Seller’s bank account No. 2000404135/5500 or by cash on delivery upon receipt of the goods. Ownership of the Goods shall be transferred to the Buyer only after full payment of the Total Price by the Buyer.
The delivery period is extended proportionately to the circumstances, if the delay is caused by circumstances excluding the fault of the Seller, such as natural events, etc.
The risk of damage to the Goods passes to the Buyer at the moment of its acceptance. The Buyer is obliged to inspect the delivered Goods immediately when the risk of damage to the Goods passes and any damage to the packaging or its contents, or any other inconsistency with the purchase contract, must be noted on the receipt documents and immediately inform the Seller of this fact.
The buyer is obliged to check the material content of the shipment according to the attached tax document (invoice, receipt). If the contents of the shipment do not correspond to the invoice, the Buyer is obliged to reject the delivery as a whole. By signing the consignment note to the carrier, the Buyer confirms receipt of all products that are part of the delivery of the Goods.
The driver of the contractual carrier is authorized to accept the cash on delivery and will confirm the acceptance of the money on the carrier’s waybill. The tax document (invoice, receipt) is enclosed in the shipment.
The Seller provides a warranty for the Goods for a period of 24 months, which starts from the date of delivery of the Goods to the Buyer. The warranty does not apply to defects caused by the use of the goods for a purpose other than that intended.
If the Buyer discovers defects in the goods during the warranty period, he is entitled to claim these defects. Complaints are made by notification without undue delay, but no later than the end of the warranty period, either in person to the Seller by writing a complaint or in writing to the Seller’s address. The Buyer’s complaint must contain the date of delivery of the Goods, the name of the Goods, the claimed quantity, a description of the defect, a proposal for settlement of the complaint and a copy of the tax document (invoice, receipt). The seller is obliged to comment on the complaint within 30 days from the day of its receipt. The seller undertakes to approach the complaint responsibly and with professional care.
The Buyer has the right to withdraw from the Contract concluded via e-mail or on the basis of a telephone order within 14 days of receiving the Goods, with the exceptionin the case of the Contract for the supply of goods modified according to the Buyer’s wishes, or the Contract for the supply of audio and video recordings and computer programs, if the Buyer has violated their original packaging and with the exception of the Contract, which is concluded upon personal collection of the goods by the Buyer. If the Agreement was concluded outside the premises usual for the Seller’s business, the Buyer may withdraw from the Agreement within 7 days of its conclusion. The Buyer undertakes to exercise his right to withdraw from the Contract in principle by written notice sent to the Seller’s address indicated in the header of these General Terms and Conditions, or delivered personally to the Seller. The seller undertakes to take over the goods personally, or from the carrier only if no payment (cash on delivery, etc.) is required against the takeover. In the event of withdrawal from the Contract, the Buyer is obliged to return the Goods in their original, unused and undamaged condition and in their original packaging, including instructions for use and the original tax document, or other delivered documents (e.g. discount coupon, etc.). If the Buyer does not do so, the withdrawal from the contract is not valid and the Goods will be delivered to the Buyer personally or sent back to the Buyer at the Buyer’s expense with a written statement of the reason for the invalidity of the withdrawal. After fulfilling all the conditions for exercising the Buyer’s right to withdraw from the Contract, the Seller undertakes to transfer the purchase price of the Goods to the Buyer’s account within 15 working days from the date of receipt of the returned Goods, the number of which the Buyer undertakes to communicate in writing with an officially verified signature, or pay such price in cash to the Buyer in person or send it to the Buyer by postal order to the Buyer’s address.
III – Provision of services – business disposition

Individual Contracts for the rental of kite equipment (hereinafter referred to as “Rental”) including training (hereinafter referred to as “Courses”) are concluded on the basis of written (e.g. by email) or verbal (also telephone) orders of the Lessee. The order becomes a draft of the Contract if it contains the name and surname, place of residence, or telephone and e-mail contact of the Tenant. In addition, the order must contain a clear description of the subject of the contract – i.e. the specification of the rented equipment and the ordered Course, the required date for the provision of the Rental and the Course, and the price of the Rental and the Course in accordance with the current price list located at www.kitepowerelgouna.com, or another important definition of the Lease or Course.
The contract is considered to have been concluded at the moment of delivery of its perfect draft (see the previous paragraph) to the Lessor, if the Lessor does not inform the Tenant within five working days that he does not accept the draft contract.
The Seller undertakes to provide the Lessee with equipment and basic theoretical and practical training within the scope of the Agreement as part of the Lease and the Course. The Lessor undertakes to approach the provision of the Lease and the Course with professional care and with regard to the safety of the Lessee and third parties.
The Lessor reserves the right to change the prices listed in the price list (at www.kitepowerelgouna.com) in the event of a change in its business policy, a change in currency rates, a significant increase in inflation or changes in the supply conditions of the Lessor’s business partners. The Lessor undertakes to inform the Lessee in writing of the price of the Rental and the Course, which is different from the price indicated on www.kitepowerelgouna.com at the time of the order, within five working days from the date of finalization of the proposal for conclusion of the Contract. If the Tenant does not agree with such a price, he is obliged to notify the Lessor within five working days of receiving the Lessor’s notification and the Agreement will not be concluded.
The price of the Rental and the Course is payable in advance by cashless transfer to the Lessor’s account no. 2000404135/5500, in cash at the Landlord’s cash desk or by postal order sent to the Landlord’s address, but at the latest when the Lease and the Course start.
The Tenant declares that he is in good health and that he has been familiarized with all the potential risks associated with the Lease and the Course. The Lessee undertakes to complete the Course and the activities connected with the Lease exclusively at their own risk and responsibility. The Lessor is not responsible for damage caused to the Lessee’s health or property during the Rental and the Course. The Lessor is also not responsible for damage caused by the Lessee to third parties to their health or property.
The lessee undertakes to compensate the lessor for all damages caused to the equipment by the lessor during the provision of the Lease and the Course.
The Lessor is not obliged to take out any insurance for the Lessee.
The Lessor undertakes to provide the Lessee with the Course only under favorable climatic conditions that do not increase the risk of damage to health and property. The Lessor will not provide the Course in adverse weather conditions, such as excessively strong wind, excessively high waves, excessively gusty wind, storm, insufficient wind, lack of snow, insufficient visibility, etc. The suitability of weather conditions is decided solely by the Lessor and the Lessee undertakes to take full care his instructions.
In the event of adverse weather conditions, the Lessor undertakes to provide the Lessee participating in the Course with another substitute program, such as theoretical lessons, othersports activities, cultural activities, etc. The occurrence of adverse weather conditions does not entitle the Lessee to refund the price of the Rental and the Course. The rental and courses can be moved to another convenient date that suits the Tenant – valid for 1 year from the date of order!
The Lessee has the right to withdraw from the Agreement at any time until the start of the Lease and the Course, by written notice sent to the Lessor’s address indicated in the header of these General Terms and Conditions. In such a case, the Lessor undertakes to provide the Lessee with the following cancellation conditions for the Lease and the Course. Cancellation of a kite course with a fixed date up to 60 days before the start – a cancellation fee of 10% of the paid price, up to 30 days before the start – a cancellation fee of 50% of the paid price, up to 10 days before the start – 75% of the paid price and in time until the actual start – 100% of the paid price. In case of cancellation of a kite course without a fixed date (course based on the forecast and according to the conditions), we charge 50% of the price paid. If the conditions do not meet (for example, the end of the winter season and it no longer snows), I will convert the course to the summer form or we will charge a cancellation fee of 25% of the paid price. The date of delivery of the written resignation to the Lessor is decisive for the calculation of the cancellation fee. In case of cancellation, the Lessor undertakes to transfer to the Lessee the price of the Rental and the Course reduced by the cancellation fee within 15 working days to the Lessee’s account.
The Lessor reserves the right to withdraw from the Agreement at any time until the start of the Rental and the Course in the event of an insufficient number of participants and in circumstances excluding the Lessor’s responsibility, such as natural events, etc. In such a case, the Lessor undertakes to provide the Lessee with an alternative date, or if the Lessee does not agree to another term, to return to the Lessee the already paid price of the Rental and the Course in full, within 15 days from the Lessor’s written notification of withdrawal from the contract to the Lessee, to the Lessee’s account, whose number the Lessee undertakes to provide with an officially verified signature, or The lessee shall pay such price in cash or send it by postal order to his address.
Children under the age of 15 can only participate in the Course accompanied by their legal representative, who is also a participant in the Course. Young people between the ages of 15 and 18 can participate in the course unaccompanied, but only with the written consent of their legal representative. In these cases, the legal representative bears full responsibility for the actions of the minor course participant.
The lessor reserves the right to change the location of the kiteboarding course at a short distance (up to 50 km) during the provision of services.
The lessee agrees to the teaching method of 2 persons per 1 instructor. If the lesson is occupied by only 1 student, the lesson time will be reduced accordingly.
The Lessee grants the Lessor consent to the acquisition of photographic and film documentation from the course of the Lease and the Course and its use for marketing and promotional purposes of the Lessor and cooperating entities.
IV – Protection of personal data

The Seller undertakes to handle the Buyer’s personal data in such a way that they are not misused by a third party.
The Buyer gives the Seller consent to the inclusion of his personal data in the Seller’s database and their subsequent processing for the purposes of the Seller and cooperating entities, such as sending information about organized events, the offer of goods and other activities. This consent is granted for an indefinite period. The buyer has the right to withdraw his consent in writing at any time. In such a case, the seller undertakes to remove the buyer’s personal data from its database.
V – Final Provisions

The seller reserves the right to change the General Terms and Conditions in the event of a change in the relevant legal standards, as well as in the event of a change in its business policy. The Seller will announce this change and its effectiveness at least five working days in advance, by publishing it on the website www.kitepowerelgouna.com
Other rights and obligations of both parties not contained in these General Terms and Conditions or in the Contract are governed by the legal order of the Czech Republic, in particular the relevant provisions of Act No. 40/1964 Coll., Civil Code, as amended.
Date of publication: 1/12/2011 Effective date: 1/12/2011