General Terms and Conditions of Travel
Thank you for choosing to make a booking with Downwind Kitesafari (hereinafter “DK”). The following general conditions of travel form the contractual relationship between you as our customer and DK 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 DK. As a result, certain rights and obligations apply to you and to DK. 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, Jericoacoara 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 Swiss francs, euro or Brazilian real. In all cases, the prices valid at the time of booking are binding. All prices are inclusive of statutory sales tax (VAT).
2.2 Deposit/Payment of balance
To confirm the reservation, a deposit of 10% of the total price is due within 30 days of receiving the confirmation/invoice. The remaining amount must be paid 30 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, the 10% deposit will not be refunded.
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.
3.1 Charges for cancellation/changes
If you cancel the contract, we will levy the following charges as a percentage of the total price:
- up to 30 days before start of trip: 10%
- 30 - 15 days before start of trip: 40%
- 14 - 8 days before start of trip: 60%
- 7 - 4 days before start of trip: 80%
- 3 - 0 days before start of trip: 100%
3.2 Substitute traveller
If you are unable to travel, DK 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 us.
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.
4. General disclaimer of liability
The participant hereby confirms that s/he has taken out personal, full insurance cover and will make no claims against DK in connection with the kite safari (for any reason whatsoever).
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)
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.
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.
The participant is responsible for his or her own kitematerial. For example in case of lost material in the wather or forgotten material on the beach/pousada. The participant is responsable 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.
If a trip has to be called off, payments already made will be refunded to the customer in full. There is 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 DK 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 number of participants
13. Health regulations
The participant is personally responsible for getting the recommended or compulsory vaccinations.
Shortcomings and complaints should be reported immediately to the tour guide. Complaints involving liability cannot be considered at a later time.
15. Liability waiver
The participant is fully aware of the risks and dangers involved in participating in a kite safari and bears full liability
16. Applicable law and jurisdiction
In the contractual relationship between you and DK, exclusively Brazilian law applies. Claims can only be lodged against DK in Forum de Caucaia – CE, Rua Coronel Correia, 1540, Centro 61600 Caucaia, Ceara, Brazil.
17. Contact details in Brazil