Terms of Service

1. Preamble

These Terms of Service (“Terms”) govern the booking and use of lessons, courses, rentals and other services provided by 24Kiteboard Pro Kitesurf School (“24Kiteboard”, “we”, “us” or “our”). By making a booking or participating in a service, the Customer agrees to these Terms, subject to any mandatory rights and protections applicable under law. These Terms apply to all customers and participants unless specific written terms have been expressly agreed between the Customer and 24Kiteboard.

The services provided by 24Kiteboard may include, without limitation, kiteboarding and windfoiling lessons and courses, equipment rental, supervised activities, training sessions and other related services. Because kiteboarding is a weather dependent and safety sensitive activity, the availability, duration, location and delivery of a service may be affected by wind, weather, sea conditions, safety considerations and other circumstances outside our reasonable control. Nothing in these Terms limits or excludes any mandatory rights, responsibilities or liabilities that cannot lawfully be excluded or limited.

Our Privacy Policy, Cookie Policy and any specific safety or operational information provided to customers form part of the information governing the use of our services where applicable.

Customers are encouraged to contact us before booking if they have questions about the service, participation requirements, weather conditions, cancellation or refunds.

2. Scope and Contract

A booking constitutes an agreement between the customer (“Customer”) and 24Kiteboard for the service identified in the booking confirmation.

The contract is formed when:
• The Customer has completed the booking process;
• Any required deposit or payment has been successfully received; and
• 24Kiteboard or its booking system has issued a booking confirmation.
The booking confirmation, together with these Terms and any specific conditions communicated for the service, constitutes the contractual basis for the booked service.

The Customer is responsible for providing accurate information during the booking process, including participant names, contact details, relevant physical information and any other information reasonably required for the safe provision of the service.

The Customer must ensure that all participants comply with the requirements applicable to the booked service. If there is any conflict between these Terms and specific information expressly confirmed in writing by 24Kiteboard for a particular booking, the specific written confirmation will prevail for that booking.
Any amendment to a confirmed booking is subject to availability and must be agreed with 24Kiteboard.

3. Booking

1. Booking confirmation. Bookings may be made through the 24Kiteboard.com website, online booking system, WhatsApp, email, telephone and other booking methods or third-party platforms made available by 24Kiteboard. A booking is considered confirmed once the required payment or deposit has been successfully received and a booking confirmation has been issued.
   The Customer is responsible for providing accurate information during the booking process, including participant names, contact details and any other information reasonably required for the provision of the service.
2. Online bookings. Online bookings are processed through our online booking system and may require a deposit or full payment, as indicated during the booking process. The conditions applicable to rescheduling and refunds are set out in Sections 7 and 8 of these Terms.
3. Bank transfer bookings. Where a booking is arranged and paid directly by bank transfer, the Customer will receive the payment instructions provided by 24Kiteboard.
   Where a refund is due for a bank transfer booking, 24Kiteboard will refund the full amount actually received, with no online booking or payment-processing fees deducted, as no such online payment-processing fees are incurred through this payment method.
4. Weather dependent services. Lessons, courses and equipment rentals are dependent on suitable wind, weather, sea and safety conditions. 24Kiteboard will assess the conditions and, where possible, inform the Customer as early as reasonably possible if the activity cannot safely or reasonably take place.
5. Location changes. 24Kiteboard may change the location of a lesson, course or rental activity where reasonably necessary due to wind, weather, sea conditions, safety considerations, beach restrictions or other operational circumstances. Where possible, the alternative location will be selected to provide suitable conditions for the booked activity and will be communicated to the Customer as early as reasonably possible. The Customer will be informed of the alternative meeting point and any relevant changes to the activity arrangements.
   Where a location change makes it impossible or unreasonable for the Customer to participate, the Customer should contact 24Kiteboard promptly so that the available options can be discussed. Any applicable rescheduling or refund will be handled in accordance with Sections 7 and 8. A location change will not, by itself, entitle the Customer to a refund where the booked service can reasonably be provided at the alternative location and the change is consistent with the booking conditions.

4. Price and Payment

1. Prices. All prices are stated in euros (€) and include applicable VAT unless expressly stated otherwise. The price applicable to a confirmed booking is the price displayed and accepted by the Customer at the time of booking.
2. Payment methods. Payment may be made through the payment methods made available by 24Kiteboard, including online payment and bank transfer where offered. A booking may require a deposit or full payment, as indicated during the booking process.
3. Online booking and payment-processing fees. When a booking is made and paid through the 24Kiteboard website or online booking system, the transaction may generate non-refundable third-party booking, transaction or payment-processing fees.
   Where a refund is due for an online booking, these fees may be deducted from the amount refunded where they have actually been incurred and where such deduction is permitted by applicable law. Any such deduction will correspond only to the applicable third-party fees actually incurred in connection with the relevant booking and will not constitute an additional cancellation fee. Where payment was made by bank transfer, no online booking or payment-processing fees will be deducted from an eligible refund.

5. Use of The Services and Equipment

1. The Customer and all participants must follow the instructions of 24Kiteboard instructors, staff and safety personnel.
2. Participants must use equipment responsibly and only for its intended purpose.
3. 24Kiteboard may refuse or discontinue participation where a participant's behaviour, physical condition, skill level, equipment use or other circumstances create an unacceptable safety risk.
4. Equipment provided for rental or lessons must be returned in the condition in which it was provided, subject to normal wear and tear.
5. The Customer may be responsible for loss or damage caused by misuse, negligence or intentional acts, subject to applicable law.
6. Equipment loss or damage Equipment supplied by 24Kiteboard must be used responsibly and returned in the condition in which it was provided, subject to normal wear and tear. Where equipment is lost or damaged, 24Kiteboard will assess the circumstances and determine whether the loss or damage is reasonably attributable to misuse, negligence or intentional conduct by the Customer or Participant.
   Customers will not be charged for normal wear and tear, pre-existing damage, or damage not attributable to their actions or failure to follow instructions.
   Where the Customer or Participant is responsible, any charge will be based on a fair and reasonable assessment of the actual loss or repair cost. The assessment may take into account the nature of the damage, whether repair is possible, the actual repair cost, and the age, condition and residual value of the equipment.
   24Kiteboard will not automatically charge the full cost of new replacement equipment where repair is possible or where the damaged or lost equipment had a lower value before the incident.
   Where appropriate, the Customer will be informed of the assessment and proposed charge and given a reasonable opportunity to provide relevant information before the amount is finalised.

6. Discounts, Gift Cards & Vouchers

1. Discounts, promotional offers, gift cards and vouchers are subject to the specific conditions communicated at the time of purchase.
2. Unless expressly stated otherwise:
   • discounts cannot be applied retrospectively to an existing booking;
   • vouchers are not redeemable for cash, subject to any refund rights that apply under these Terms or applicable law;
   • vouchers are subject to their stated validity period;
   • promotional conditions may include restrictions on dates, availability or services.
3. Where a booking has been made using a voucher or promotional credit, any cancellation or refund will be handled according to the conditions applicable to that voucher or credit.

7. Cancellation, Rescheduling and Weather

1. Customer Cancellation or Rescheduling. Customers who need to cancel or reschedule a confirmed booking should contact 24Kiteboard as soon as possible. Cancellation requests may be made through the channel used to make the booking, where that channel supports the request, including the 24Kiteboard online booking system, WhatsApp, email, telephone or the relevant third-party booking platform.
   For direct bookings with 24Kiteboard, the following cancellation conditions apply, subject to any specific conditions agreed for the booking and mandatory applicable law.
   A. Cancellation more than 24 hours before the scheduled start
   Where the Customer cancels more than 24 hours before the scheduled start of the service, the Customer will be entitled to a 100% refund of the service amount paid. Any deduction of third-party booking or payment-processing fees is subject to Section 4.3 and applicable law.
   B. Cancellation less than 24 hours before the scheduled start
   Where the Customer cancels less than 24 hours before the scheduled start, the Customer will receive a 50% refund of the price allocated to the first day's service. For a multi-day booking, the Customer will also receive a 100% refund for subsequent days that have not started and will not be used. This policy recognises that a late cancellation may prevent 24Kiteboard from reallocating the instructor, equipment and time reserved for the booking. For example, if a Customer cancels a three-day course 12 hours before the first day's scheduled start, the Customer will receive 50% of the price allocated to the first day and a full refund for the second and third days, subject to any applicable deductions permitted under these Terms and applicable law.
   C. Cancellation after a multi-day course has started
   Where a Customer decides to discontinue a multi-day course after one or more lessons have been provided, a refund may be provided for the remaining lesson hours not delivered.
   The refund will be calculated proportionally based on the total price paid for the course and the total lesson hours included in the booking, taking into account the lesson hours already provided.
   This provision applies to the cancellation of the remaining course after the course has started and is distinct from the late-cancellation rule in Section 7.1(B), which applies when a booking is cancelled less than 24 hours before the fist day's scheduled start.
   D. Rescheduling
   Rescheduling requests are subject to availability and agreement with 24Kiteboard.
   When a rescheduling request is accepted, the booking will be transferred to the agreed alternative date and time. Any change to the service, duration or other material booking conditions may require an adjustment to the price.
   E. Third-party bookings
   Bookings made through third-party platforms may be subject to the cancellation and refund conditions established by those platforms.
   Customers must follow the relevant platform's cancellation procedure where required.
   The conditions of a third-party platform remain subject to any mandatory consumer right and legal obligations applicable to the booking.
2. Weather and wind conditions. Kiteboarding activities depend on suitable wind and weather conditions. If there is insufficient wind or the conditions are otherwise unsuitable or unsafe for the booked activity, 24Kiteboard may postpone or cancel the activity. 24Kiteboard will inform the Customer as early as reasonably possible when it becomes clear that the activity cannot take place.
   In such circumstances, the Customer may choose between:
   • rescheduling the activity to another available date; or
   • receiving a refund in accordance with Section 8.
   Where payment was made directly by bank transfer, an eligible refund will be made for the full amount received for the service that cannot be provided, with no online booking or payment-processing fees deducted.
   Where payment was made online, any deduction of non-refundable third-party booking, transaction or payment-processing fees actually incurred will be subject to Section 4.3 and applicable law.
   The late cancellation conditions in Section 7.1 do not apply when 24Kiteboard cancels or postpones the activity because of unsuitable wind, weather, sea or safety conditions.
3. Conditions at the time of the activity. If the Customer arrives for the scheduled activity but the conditions are not suitable for a safe kitesurfing session, 24Kiteboard may postpone or cancel the activity. In such circumstances, the options set out in Section 7.2 will apply.
4. No-show. A Customer who does not attend a confirmed booking without prior notice may be treated as a no-show and may not be entitled to a refund. A no-show is distinct from a cancellation communicated to 24Kiteboard. No refund is guaranteed for a missed session where the Customer has not provided prior notice.
   For multi-day bookings, the Customer may contact 24Kiteboard to cancel or reschedule the remaining days. Any refund for subsequent days that have not started will be determined in accordance with Section 7.1 and any applicable third-party booking conditions, subject to mandatory law.

8. Refund Policy

1. General Refund Procedure. Where a refund is due under these Terms, 24Kiteboard will discuss and agree the applicable amount and procedure with the Customer before initiating the refund. Once the refund has been agreed and any information reasonably necessary to process it has been received, 24Kiteboard will normally initiate the refund within 1 to 5 working days.
   Refunds will normally be made through the original payment method where reasonably possible. Where a bank transfer is required, the Customer may be asked to provide accurante bank account details.
   The time required for the funds to appear in the Customer's account may depend on the relevant bank, card issuer, payment provider or booking platform.
   Nothing in this section extends or limits any mandatory statutory refund deadline.
2. Refunds Following Wheather-Related Cancellations. Where a lesson, course or rental cannot take place due to insufficient wind, unsuitable weather, sea conditions or safety considerations, the Customer may choose to reschedule or receive a refund.
   For bookings paid by bank transfer, the refund will correspond to the full amount received for the service that cannot be provided, with no online booking or payment-processing fees deducted.
   For bookings paid online, any deduction of non-refundable third-party booking, transaction or payment-processing fees actually incurred will be subject to Section 4.3 and applicable law.
   When the booking was made through a third-party platform, the applicable booking-channel procedures will also apply, subject to mandatory consumer rights.
3. Refunds for Partially Completed Courses. Where a multi-day course cannot be completed because of insufficient wind, unsuitable weather, safety considerations or other circumstances preventing 24Kiteboard from providing the remaining service, the Customer may choose to reschedule the remaining service or receive a refund for the service not provided.
   Where a refund is agreed, the amount will be calculated proportionally according to the unused lesson hours included in the booking, taking into account the total price paid and the total lesson hours purchased.
   Nothing in this section limits any additional rights to which the Customer may be entitled under applicable law.
4. Refund for Customer-Initiated Cancellations. Refunds resulting from cancellations initiated by the Customer will be calculated according to Section 7.1.
   Where the Customer cancels more than 24 hours before the scheduled start, the Customer will be entitled to a full refund of the service amount paid.
   Where the Customer cancels less than 24 hours before the scheduled start, the refund will be calculated according to the 50% first-day refund rule and the full refund for subsequent days not yet started.
   Where a multi-day course has already started, refunds for unused lesson hours will be calculated proportionally in accordance with Section 7.1(C).
   Any deduction of third-party booking or payment-processing fees will remain subject to Section 4.3 and applicable law.
5. Refunds Through Third-Party Booking Channels. Where a booking has been made through a third-party platform, cancellation and refund requests must be handled in accordance with the applicable booking-channel procedures.
   Depending on the conditions of the relevant platform, customer-initiated cancellations may be non-refundable or subject to different refund conditions.
   Where 24Kiteboard cannot provide a service because of weather or safety conditions, the available rescheduling or refund options will be handled through the relevant booking channel, subject to its conditions and mandatory consumer rights.
6. Refund Confirmation. Before a refund is initiated, 24Kiteboard will communicate the refund amount and any applicable deductions to the Customer.
   Once the Customer and 24Kiteboard have agreed on the refund, 24Kiteboard will proceed in accordance with Section 8.1.

9. Responsibilities and Liability

1. 24Kiteboard will provide the Services with reasonable care and skill and in accordance with their description.
2. Kiteboarding involves inherent risks, including but not limited to falls, collisions, changes in weather or wind, sea conditions, equipment failure and interaction with other water users.
3. Customers and Participants must follow all safety instructions and directions provided by 24Kiteboard instructors and staff.
4. 24Kiteboard may refuse or discontinue participation where a Customer or Participant does not comply with safety instructions, is not fit to participate, behaves dangerously, or otherwise creates a risk to themselves or others.
5. 24Kiteboard is not responsible for delays, interruptions or inability to provide a Service caused by circumstances beyond its reasonable control, including severe weather, natural events, restrictions imposed by public authorities, emergency situations or other unforeseeable circumstances, subject to the Customer's rights under applicable law.
6. Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.
7. Customers are responsible for providing accurate information and for complying with the participation requirements communicated by 24Kiteboard.

10. Children's Authorisation

1. Where a Participant is under the applicable age of majority, a parent or legal guardian must provide the required authorisation before participation.
2. The parent or legal guardian confirms that they have been informed of the nature of the activity and its inherent risks.
3. The parent or legal guardian is responsible for ensuring that the minor meets the participation requirements communicated by 24Kiteboard, including any applicable swimming, age or fitness requirements.
4. In an emergency, the parent or legal guardian authorises 24Kiteboard and/or relevant emergency or medical professionals to take reasonable measures necessary to protect the Participant's health and safety.
5. Minors must comply with the instructions of instructors and staff at all times.

11. Third-party Bookings

1. 24Kiteboard may work with travel agencies, instructors, partners, booking channels and other third parties.
2. Where a booking is made through a third party, the Customer may be subject to the third party's booking conditions, provided that such conditions do not conflict with mandatory consumer rights or these Terms. The Customer may be required to submit cancellation or refund requests through that platform and comply with its applicable procedures. Refund eligibility and processing for third-party bookings may be governed by the platform's conditions. These conditions remain subject to any mandatory consumer rights and legal obligations applicable to the booking.
3. 24Kiteboard is not responsible for additional charges imposed by an independent third party without 24Kiteboard authorisation.
4. Partners and agencies may be subject to separate commercial terms agreed with 24Kiteboard.

12. Insurance and Complaints

1. Insurance. 24Kiteboard maintains insurance applicable to its activities, including personal-accident and public-liability cover, subject to the terms, limits, exclusions and conditions of the relevant insurance policies.
   Insurance does not remove the Customer's obligation to follow safety instructions or exclude any responsibility that may arise under applicable law.
   Customers may contact 24Kiteboard before participating if they require further information about the insurance arrangements applicable to the booked activity.
2. Accidents and Incidents. Any accident, injury, equipment problem or other safety-related incident occurring during a 24Kiteboard activity should be reported to the instructor or a member of the 24Kiteboard team as soon as reasonably possible.
   Prompt reporting allows the school to provide appropriate assitance, assess the circumstances, preserve relevant information and, where necessary, notify the insurer or other competent parties.
   Where a medical emergency occurs, emergency services should be contacted as appropriate.
3. Complaints. Customers are encouraged to report concerns about a service to 24Kiteboard as soon as reasonably possible, preferably while the relevant activity is taking place or shortly afterwards.
   Prompt reporting allows the school to investigate the circumstances, review the information available and, where appropriate, take corrective action.
   Complaints may be submitted using the contact details in Section 16.
4. Applicable Rights. Nothing in this section limits any rights, applicable complaint procedures or legal deadlines.

13. Media and Image Rights

1. 24Kiteboard may take photographs or videos during activities for operational, educational or promotional purposes.
2. Where the image, likeness or voice of an identifiable Customer is intended to be used for promotional purposes, 24Kiteboard will obtain the appropriate consent where required by applicable law.
3. Customers may contact 24Kiteboard if they have questions or concerns regarding the use of their image.

14. Feedback

1. We welcome feedback, suggestions and comments about our services.
2. By voluntarily providing feedback, the Customer grants 24Kiteboard permission to use that feedback for the purpose of improving or promoting its Service, provided that such use complies with applicable law and does not identify the Customer without appropriate consent where required.

15. Jurisdiction

1. These Terms are governed by Portuguese law, without prejudice to any mandatory consumer protection provisions that may apply.
2. Nothing in these Terms limits the Customer's right to use any legally available consumer complaint, alternative dispute resolution or judicial procedure.
3. Customers may submit complaints directly to 24Kiteboard using the contact details provided below.
4. Consumers may also use the applicable Portuguese alternative dispute resolution mechanisms, including the competent consumer arbitration centre, where applicable, to CNIACC — Centro Nacional de Informação e Arbitragem de Conflitos de Consumo at www.cniacc.pt.
5. Consumers may access the Portuguese Electronic Complaints Book at the official platform provided for this purpose: Livro de Reclamações Eletrónico at www.livroreclamacoes.pt.
6. Any dispute that cannot be resolved amicably shall be handled by the competent courts in accordance with applicable Portuguese law and mandatory jurisdictional rules.

16. Contact Information

1. The 24Kiteboard.com Site is the property of Cosmovento Lda., and its licensors. Our headquarters are located at Rua D Pedro V 41, 8900-283 Vila Real de Santo António. For contact please visit our website at www.cosmovento.com or by email at contact@cosmovento.com.
2. VAT NO.: 518034720 - IRN Lisbon Regist. RNAAT: 569/2024.