Terms of Service

1. Preamble

These Terms of Service (“Terms”) govern your access to and use of any service, products, website, channel of communication, or any other features owned, operated, branded or offered by 24Kiteboard Pro School (“24Kiteboard” or the “Promoter”), except where we expressly state that separate terms (and not these) apply. For the purposes of these Terms, “we”, “us” or “our” refers to the party with who you are entering into this agreement. Please read these Terms carefully and contact us if you have any questions.

You may not use the Service to do or share anything that is contrary to these Terms. For clarity, these Terms include, and incorporate by reference, the following policies:

• Rider Etiquette: guidelines for responsible use of our teaching area.
• Privacy Policy: which explains how we protect your personal data.
• Cookie Policy: which explains how we collect and use cookies, and similar technologies.
• Brand Policy: policies for sponsored or branded content.

By accessing the 24Kiteboard website or using the Service, you agree to comply with and be bound by these Terms and you will not attempt to circumvent them. If you do not agree to our Terms, you must not access or use 24Kiteboard.

2. Scope

24Kiteboard helps to inspire everyone to create a life they love through the Service. This agreement constitutes the contract between the Promoter and the Customer and supersedes all prior agreements and understandings, whether written or oral, concerning the subject matter of this agreement. These terms should help Customers make informed choices about how to use our services and products. Nothing in this agreement changes your rights and obligations, or ours, under these terms.

No amendment or modification of this agreement shall be valid or binding unless in writing and signed by both the Promoter and the Customer. Disputes arising under these terms will be resolved in accordance with the version of these terms that was in effect at the time the dispute arose.

3. Booking

1. The required services must be paid to validate your registration and confirm your booking.
2. The booking will be considered valid when the required amount has been paid through one of our payment options through our booking platform and you have received a confirmation email with the booking details.
3. All prices are in euros and per person unless stated otherwise. Upon making your booking, the price of your lesson, course or rental will not normally be subject to change. However, we reserve the right to increase or decrease prices due to variations in service charges, offers, insurance, security levels or exchange rates.
4. Once a booking has been made, discounts cannot be applied retrospectively.
5. All lessons and rentals are weather-dependent. Once you have booked an activity, you will receive the go-ahead by phone one day before the activity is scheduled to begin.

4. Price and Payment

1. 24Kiteboard requires the submission of tax data to issue receipts/invoices. To ensure customer privacy, we use secure online payment methods. All amounts charged are subject to VAT.
2. All prices are subject to change without notice, and seasonal rates may apply, except that prices for an order/booking that has been accepted by 24Kiteboard or its Affiliates (the “Seller”) are not subject to change after acceptance.
3. All Website bookings are considered confirmed and valid if they are created and paid for at least 12 hours before the lesson starts time.
4. All bookings created less than 12 hours before the lesson starting time must be inquired about and made on-site at our school or requested by email or phone contact.
5. All Kiteboarding lessons, courses, discounts, and gifts are valid for the current season starting from the day of purchase.
6. All Kiteboarding lesson packages and gifts cannot be redeemed on products from the Promoter.
7. The Membership Program is valid for the current season and ends automatically by the end of the year it has been purchased.
8. All bookings & Membership Programs are exclusive to the person who booked.
9. All bookings must be booked under the Kiteboarder’s name (student).
10. No-shows of any booked lesson/rental will count as a lesson and be debited from your package or course.
11. Group Bookings:
    11.1. Group bookings are bookings made by a single person/agency for two or more users.
    11.2. Group bookings have to be confirmed by email and sent to contact@24kiteboard.com.

5. Use of The Services and Equipment

1. Customers must be physically fit, capable of swimming, and medically cleared to participate. We require that you communicate any relevant medical aspects, such as allergies, disabilities, or medical incapacities.
2. Each Customer (co-user) is responsible for the Promoter equipment during its use and accepts responsibility for replacing it in case of loss or severe damage caused by inappropriate use. The customer must pay for the lost or damaged equipment, which automatically becomes the customer’s property.
3. Equipment renting price and availability are subject to change without notice.
4. Early returns of rented equipment will not be subjected to a refund. Not returning the equipment within the lease period will incur the payment of a € 50,- penalty for each hour of delay, regardless of any legal actions the customer may take.
5. Should the leased equipment be stolen from the customer, he or she must file a criminal complaint of such fact to the police authorities as the customer is responsible for the rented equipment.
6. The customer is responsible for any damage to the leased equipment and must compensate the Lessor in the amount necessary to fully recover it.
7. The equipment lease excludes indemnity or personal accident insurance; thus, any damages incurred by the customer or to third parties are solely the lessee’s responsibility.
8. The Customer agrees to pay a fee to the Promoter for any equipment that is broken, damaged, or lost during the use of the equipment. The fee shall be as follows:
   8.1. Performance board: maximum fee of € 400,-
   8.2. Performance bar: maximum fee of € 300,-
   8.3. Performance Kite: maximum fee of € 1200,-
   8.4. Wetsuit: maximum fee of € 150,-
   8.5. Harness: maximum fee of € 200,-
9. At its sole discretion, the Promoter may waive or reduce the fee for damaged equipment.
10. The Customer agrees to pay the fee for any damaged equipment immediately upon demand by the Promoter.
11. The Customer authorises the Promoter to charge the Customer credit card or any other payment method on file for the amount of the fee for any damaged equipment.
12. The Customer releases and waives all claims against the Promoter arising from the Customer’s use of the equipment.
13. The Customer agrees to indemnify and hold harmless the Promoter, its affiliates, and their respective collaborators, partners and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorney’s fees) arising from the Customer’s use of the equipment.
14. We reserve the right, at our sole discretion, to deny access to the Services to anyone at any time and for any reason, including, but not limited to, violation of these Terms of Service.

6. Discounts, Gift Cards & Vouchers

1. Discounts and Gifts are valid per person and per booking. Any extra lesson will be charged according to the current season price.
2. Discounts and Gifts may only be applied or claimed should the booking's creation date be the valid timeframe for the discount, as stated in section 3.3.
3. Discounts are non-refundable. A booking may still be cancelled in accordance with section 3.4.
4. We aim to keep availability for voucher holders but can’t prioritise them over a new booking.
5. We cannot offer a refund on any voucher purchased or expired.

7. No-show, Cancellation & Rescheduling

1. A no-show is an absence without prior notice, resulting in full charges for the booked lesson/rental or service.
2. Customer cancellations should be made by email sent to contact@24kiteboard.com, by phone contact or via whatsapp.
3. Customer cancellations made 72 hours before the lesson start time will be offered an alternative date or full credit voucher.
4. Customer cancellations made within 72 hours of the lesson start time will incur a 25% fee.
5. Customer cancellations made within 48 hours of the lesson start time will incur a 50% fee.
6. Customer cancellations made within 24 hours of the lesson start time will incur a 100% fee.
7. Cancellations made on the day of the lesson are subject to a fee up to 75% of the total cost. This fee is to cover operational costs and ensure the efficiency of the service.
8. All other lessons/rental cancellations or no-shows will not receive a refund or credit.
9. 24Kiteboard reserves the right to cancel lessons and rentals due to adverse weather conditions or safety reasons. In such situations, customers will be informed as soon as possible and reimbursed if necessary.
10. Rescheduling and changes to reservations are subject to availability. We recommend that any adjustments be communicated in advance to ensure the best possible assistance. If no suitable time is available for rescheduling, 24Kiteboard will issue a 100% refund.
11. Should a booking be cancelled by the Promoter, you will be contacted by the Promoter if, for some reason, the lesson or rental is postponed or cancelled. Should this happen, you will be fully refunded or given a credit equivalent to the amount of the cancelled booking.
12. Customers must arrive 30 minutes earlier for their lesson. If the customer is late and the lesson has already started, the lesson will be charged, and the participant will be considered a no-show.
13. The promoter schedules all classes, lessons, or rentals according to the best conditions to ensure maximum safety and an enjoyable experience.

8. Refund Policy

1. Rentals for which the lessee wishes to return the rented material earlier than the rental end time are not entitled to any refund or credit.
2. To facilitate the refund process, please provide your complete bank account information when requesting a refund.
3. Full or partial refunds for cancellations made within the 48-hour window will take up to a maximum of 21 working days.

9. Responsibilities & Liability

1. The Promoter does not accept any responsibilities or any refunds in the following circumstances:
   1.1. When the participant/booker is responsible for the incorrect delivery of the services.
   1.2. When the defective services are due to third parties or they occur in an unpredictable manner.
   1.3. When services cannot be delivered due to factors outside the school’s control, these are often rare and unpredictable situations. These include natural disasters and political and social issues that might lead to unexpected outcomes.
   1.4. When the incorrect delivery of the services is caused within the Promoter’s responsibility, even though all the diligence is taken, they still could neither be predicted nor prevented.
   1.5. When any event occurs before and after the lesson & course hours, the Promoter does not hold any responsibility.

10. Children's Authorisation

1. I authorise my son/daughter to stay in the Promoter's facilities and participate in the activities organised by the Promoter in accordance with the characteristics and general regulations of said activity, of which I was duly informed during the booking process.
2. I also declare to know and accept the conditions and activities that take place in this entity and expressly waive to take any legal action against those responsible for this or against the Promoter under circumstances that are attributable to disobedience or individual negligence of the participant.
3. I authorise the person in charge of the health institution where the participant is at the time to make the necessary decisions in case of a medical emergency in which the Parents or legal representatives cannot be contacted.
4. Participating in the activity implies acceptance of its conditions and the guidelines set by the coordinators and monitors regarding the smooth running of the group or its conduct.

11. Partners & Third Parties

1. A travel agency or partner representing the Promoter is advised to maintain the same prices as those offered on the Promoter’s website.
2. Should a partner or agency charge less than the price list provided by the Promoter, the commission percentage will nonetheless be based on that list.
3. The Promoter cannot be held responsible for overcharging in any way by a third party.
4. Once the Participant has confirmed a booking through the Promoter’s website, it cannot be transferred to an agency or partner, even if they offer a lower price than our website (see section 8.3). In such cases, we have the right to reject the third party's new booking at any time.

12. Insurance, Liability & Complaints

1. For medical assistance during your kiteboarding lesson, each customer needs to have:
   1.1. Medical card and insurance and contract of travel insurance.
   1.2. Liability: The Promoter accepts responsibility for ensuring that the kiteboarding lesson you book is accurately described in the brochure and that the services provided meet reasonable standards standard.
   1.3. If any activity is not up to the advertised standard, the Promoter will pay you the appropriate compensation if it affects your enjoyment during your kiteboarding session.
   1.4. Complaints: If you wish to make a complaint or claim during your kiteboard lesson, you must report it to the relevant supplier of the problem and the Promoter’s representatives, allowing them to remedy the situation.
   1.5. We cannot accept liability if the Promoter is not immediately informed of any problems during your stay. Complaints that have not been fully resolved should be made in writing within 28 days of the booking end date or, the Service provided.

13. Media Release

1. The Promoter may photograph, video, or record the kiteboarding lessons and their participants. By participating in a kiteboarding lesson, participants and their parents or legal guardians consent to use their image, likeness, or voice in any promotional materials related to the Promoter, including, but not limited to, brochures, websites, social media, and advertising.
2. Participants and their parents or legal guardians understand that the Promoter will not sell or license these photographs, videos, or other recordings to third parties without their consent. Suppose participants or their parents or legal guardians revoke their consent. In that case, the Promoter may continue to use the photographs, videos, or other recordings taken before the revocation of consent.

14. Feedback

1. We value hearing from our customers and are always interested in learning about ways we can make 24Kiteboard more awesome. If you choose to provide input or suggestions regarding problems with, or proposed modifications or improvements to, the Site or any of the Services or Products made available by 24Kiteboard, then you hereby grant 24Kiteboard an unrestricted, royalty-free right to exploit such Feedback in any manner and for any purpose with no duty to make any payments to you for such exploitation.

15. Jurisdiction

1. By using Our equipment, the Customer agrees to be bound by the Terms of Service. If the user does not agree to this statement, the user may not use the equipment.
2. These Terms shall be governed by and construed in accordance with the laws of Portugal. The courts of Lisbon shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.
3. In the event of a dispute, the consumer may resort to CNIACC — Centro Nacional de Informação e Arbitragem de Conflitos de Consumo at www.cniacc.pt.
4. For complaints, you may also access the Livro de Reclamações Eletrónico at www.livroreclamacoes.pt.

16. Contact Information

1. The Site is the property of Cosmovento Lda. and its licensors. Our headquarters are located at Rua Dom Pedro V 41, 8900-283 Vila Real de Santo António. You can contact us by mail at this address, through our website at www.cosmovento.com or by email at contact@cosmovento.com.
2. VAT NO.: 518034720 - IRN Lisbon Regist. RNAAT: 569/2024.