General Terms and Conditions of Travel

Thank you for choosing to make a booking with Freeride Kitesurf (hereinafter “FRKS”). The following general conditions of travel form the contractual relationship between you as our customer and FRKS as your trip operator.

1. Contract formation

On receipt of your application, whether in writing, by telephone or in person, a contract comes into existence between you and FRKS. As a result, certain rights and obligations apply to you and to FRKS. We hereby draw your attention to the fact that, in general, our services begin only on the day of the kite safari. Timely arrival in Cumbuco, Icaraizinho or Barra Grande (Brazil) is thus your responsibility.

2. Trip price, price changes, payment conditions

2.1 Trip price

Unless specifically stated, our prices are given per person in Euros. In all cases, the prices valid at the time of booking are binding. All prices are inclusive of statutory sales tax (VAT). Organisational fees (between 5% and 10% applied to the travel package price) and costs derived from bank transfer fees to FRKS providers will be added to the final travel package price in the invoice sent to you.

2.2 Deposit/Payment of balance

To confirm the reservation, a deposit of 70% of the total price is due within 30 days of receiving the confirmation/invoice. The remaining amount must be paid at least 60 days prior to the start of the trip. For last-minute bookings, the mandatory payment deadline is stated in the confirmation. In the event of cancellation, FRKS will refund the amounts established on article 3.

2.3 Failure to pay on time

Failure to pay on time authorises us to withhold travel services and to claim the cancellation charges as set out in point 3 below.

3. Cancellation

3.1 Charges for cancellation/changes

In all those cases in which third-parties are involved (hotels, transport services, different activities, etc.), FRKS will apply the same cancelation policy as its partners (providers).

In every other case, if you cancel the contract, we will apply the following charges as a percentage of the total price:
• Cancellation 55 days prior to check-in date -> 25% penalty
• Cancellation 45 days prior to check-in date -> 35% penalty
• Cancellation 35 days prior to check-in date -> 50% penalty
• Cancellation 25 days prior to check-in date -> 75% penalty
• Cancellation 15 days prior to check-in date, during the stay or no show -> 100% penalty

In all cases FRKS will keep the organizational fee charged shown on the reservation invoice. Bank fees derived from the refund will be deducted from the amount refunded.

3.2 Substitute traveller

If you are unable to travel, FRKS will, on principle, allow you to send a substitute to take your trip instead. In this case, the following requirements must be observed: The substitute must be willing to accept the arrangement on the same conditions as you have agreed with FRKS.

3.3 Dropping out of the kite safari

If, as a result of illness, accident or for other reasons, you drop out of the trip during the kite safari, there will be no refund.

3.4 Force Majeur

Force Majeur cases are those in which clients have to cancel their trips because of sociopolitical conflicts, climatic disaster or health pandemics. In these cases FRKS will apply the same cancelation policy as those imposed by its partners (providers) as long as they are involved in the organization of the trip, otherwise a credit will be created equivalent to the same value of the trip reserved, which the client will be able to use in the future. Read conditions of the credit in point 3.4.1.

3.4.1. Credit Force Majeur

• The credit expires in 545 days from the moment it’s issued.
• The value of the credit is equivalent to the value of the trip cancelled. The client will have the right to go on exaclty the same trip which was cancelled or to organise a new one of the same value.
• If there is a difference on the cost of the new trip due to the valuation or devaluation of currencies or to the increase or decrease on the rates of providers, the client will have to assume this difference in price.

4. General disclaimer of liability

The participant hereby confirms that she/he has taken out personal, full insurance cover and will make no claims against FRKS in connection with the kite safari (for any reason whatsoever).

5. Insurance

5.1 Cancellation protection

If you do not already have cancellation protection, we recommend taking out cancellation insurance. This will cover the resulting charges in the event of cancellation as a result of injury, accident, etc.

5.2 Additional insurance

Please check your private insurance before you travel, and enhance the following if necessary:
• Travel insurance (Insurance against the consequences of accidents and illness worldwide)
• Luggage and personal liability insurance (Usually included in household insurance)
Additional conditions

6. Tour guide

The tour guide is the leader of the relevant tour. If a tour guide is ill or injured during a kite safari and the safari has to be aborted as a result, the participants are eligible to claim back the appropriate proportion of the price for participation. There is no entitlement to further compensation.

7. Safety

The participant is responsible for his or her own safety in the water and on land. Close attention should be paid to the information provided during the daily morning meeting.

8. Kite Material

The participant is responsible for his or her own kite material. For example in case of lost material in the water or forgotten material on the beach / pousada. The participant is responsible to put his or her equipment in the provided storage at night. The participant is also personally responsible for ensuring his or her kite surfing equipment is functioning properly.

9. Completion

If a trip has to be called off before its start date, payments already made will be refunded to the customer in full. The Client has no right to further claims.

10. Changes to the programme

We reserve the right to make changes to the programme or routes at short notice for meteorological reasons. If it is raining or there is no wind, there will be a wait of at most half a day before continuing with the trip. If it is still not possible to kite surf, we will travel by car to the next destination.

11. Waiting times en route

No liability claims can be brought against FRSK in respect of waiting times en route caused by breakdowns or necessary repairs to the vehicle or the kite surfing equipment. If a participant is unable to continue with the kite safari as a result of defective equipment, the participant is responsible for him-/herself and can continue the journey by car.

12. Minimum and maximum number of participants

Minimum of 4 participants. A kite safari can be organised for 3 people, but in this case it must be noted that the total price of the trip will be higher.

Maximum of 12 participants.

13. Health regulations

The participant is personally responsible for getting the recommended or compulsory vaccinations.

14. Liability for third party suppliers and/or agents

We will accept responsibility if due to fault on our part, or that of our agents or suppliers, any part of your holiday arrangements booked before your departure is not as described in the brochure, or not of a reasonable standard, or if you or any member of your party is killed or injured as a result of an activity forming part of those holiday arrangements. We do not accept responsibility if and to the extent that any failure of your holiday arrangements, or death or injury is not caused by any fault of ours, or our agents or suppliers; is caused by you; … or is due to unforeseen circumstances which, even with all due care, we or our agents or suppliers could not have anticipated or avoided.

15. Complaints

Shortcomings and complaints should be reported immediately to the tour guide. They should also be reported by email to contact@freeridekitesurf.com or by WhatsApp to FRKS number +33669455473. Complaints involving liability cannot be considered at a later time.

16. Liability waiver

The participant is fully aware of the risks and dangers involved in participating in a kite safari and bears full liability

17. Applicable law and jurisdiction

In the contractual relationship between you and FRKS, exclusively Spanish law applies. Claims can only be lodged against FRKS in the Juzgado de Primera Instancia de Marbella, Málaga – Avda Arias de Velasco, 15 – C.P. 29601

18. Contact details in Spain

Freeride Kitesurf – García Lasso de la Vega – Urb. Alanda Flamingos, Bloque 4 Apto 14, Benahavis, Málaga – C.P. 29679 – contact@freeridekitesurf.com