General Terms and Conditions of Travel (ARB) of KiteWorldWide GmbH

The following General Terms and Conditions of Travel (GTCT), insofar as effectively agreed, become the content of the package travel contract concluded between the customer (=traveler) and the tour operator KiteWorldWide GmbH (hereinafter referred to as KiteWorldWide). The ARB supplement the statutory provisions of §§ 651a et seq. of the German Civil Code (BGB) and Articles 250 and 252 of the Introductory Act to the German Civil Code (EGBGB) and fill them out. When booking a package tour, the contractual partner of the tour operator is the traveler - in this respect it is irrelevant whether the traveler takes the package tour himself or concludes the contract for another travel participant. These ARB expressly do not apply if the traveler does not book a package tour within the meaning of §§ 651a ff. of the German Civil Code (BGB), but only individual travel services (e.g., hotel only, rental car) from KiteWorldWide or if KiteWorldWide expressly acts as a travel agent for a package tour of another tour operator or individual travel services (e.g., flight only) or associated travel services pursuant to § 651w of the German Civil Code (BGB) and separately and unambiguously informs the traveler of this prior to booking. In these cases, the General Terms and Conditions of Travel/Business Conditions of the brokered package tour operator or service provider shall apply, insofar as these have been effectively included.

1 Conclusion of the Package Travel Contract

1.1 The following shall apply to all booking channels

1.2 For a booking that is not booked in electronic business transactions (e.g., in person, by telephone, in writing), the following applies:

1.3 For a booking made in electronic business transactions (e.g. on the Internet), the following applies:

1.4 KiteWorldWide points out that bookings of package tours at a distance (e.g., by telephone, e-mail) cannot be revoked in accordance with §§ 312 Paragraph 7, 312g Paragraph 2 Sentence 1 No. 9 BGB (German Civil Code). However, a right of revocation exists if the contract for the package tour was concluded between KiteWorldWide and the traveler, who is a consumer, outside of business premises, unless the verbal negotiations on which the conclusion of the contract is based were conducted at the prior request of the consumer.

2 Payment

2.1 After conclusion of the contract, a deposit in the amount of 20% of the travel price shall be due, provided that the security certificate has been sent to the traveler in text form in accordance with Section 651r (4) Sentence 1 of the German Civil Code (BGB), Article 252 of the Introductory Act to the German Civil Code (EGBGB) Insofar as the flights or overnight accommodations included in the respective offer are due for payment immediately to KiteWorldWide on the part of the service provider, or if a flight ticket must be issued immediately after the confirmed booking, KiteWorldWide reserves the right to invoice a higher deposit. The traveler will be informed of this by KiteWorldWide prior to the conclusion of the booking in a manner prescribed by Art. 250 § 3 EGBGB and in the travel confirmation in a manner prescribed by Art. 250 § 6 EGBGB.

2.2 The remaining amount is due for payment 29 days before the start of the trip, provided that the trip can no longer be canceled for the reasons listed in Item 7.1 and the security certificate has been sent in text form. Insofar as a trip can still be canceled for the reasons stated in Item 7.1, the remaining amount for this trip is only due at the time at which the trip can no longer be canceled by KiteWorldWide.

2.3 In the case of short-term bookings, i.e. bookings that are made so shortly before the start of the trip that the entire trip price is already due or KiteWorldWide can no longer cancel the trip due to the number of participants not being reached, the entire trip price is due for payment immediately after the security certificate has been sent in text form.

2.4 Premiums for insurance and other expenses such as cancellation and rebooking fees are due for payment in full after invoicing.

2.5 If the traveler does not make the down payment or final payment by the respective due date despite receiving the security certificate, KiteWorldWide is entitled to withdraw from the contract after issuing a reminder with a deadline and to charge the traveler the cancellation costs regulated in Section 4.1 ff. This does not apply only if the traveler has a legal or contractual right of retention or if KiteWorldWide is not willing and able to properly provide the contractual services or has not fulfilled its legal information obligations.

3 Services and service changes

3.1 The service obligation of KiteWorldWide results exclusively from the content of the booking confirmation in conjunction with an individual offer or other medium from KiteWorldWide, subject to all information, notes and explanations contained therein, as well as the pre-contractual information relevant to the booked package tour in accordance with Article 250 § 3 EGBGB.

3.2 Employees of service providers (e.g., airlines, hotels) as well as travel agents are not authorized by KiteWorldWide to provide assurances or information, as well as to make agreements that go beyond the travel description, the booking confirmation or the pre-contractual information pursuant to Art. 250 § 3 EGBGB of KiteWorldWide, contradict these or change the confirmed content of the package travel contract.

3.3 Changes or deviations of individual travel services from the agreed content of the package travel contract that become necessary after conclusion of the contract and that were not brought about by KiteWorldWide contrary to good faith are only permitted insofar as the changes or deviations are not significant and do not impair the overall nature of the booked package tour. In addition, these changes must be explained before the start of the trip. KiteWorldWide must inform the traveler of the change in a clear, understandable and prominent manner on a permanent data carrier.

3.4 In the event of a significant change to an essential characteristic of a travel service pursuant to Article 250 § 3 No. 1 of the Introductory Law to the German Civil Code (EGBGB) or a deviation from a special requirement of the traveler that became part of the package travel contract, the traveler is entitled, within a reasonable period of time set by KiteWorldWide, to

4 Withdrawal by the traveler before the start of the trip, transfer of contract (substitute person)

4.1 The traveler can withdraw from the package travel contract at any time before the start of the trip. The withdrawal must be declared to KiteWorldWide using the contact data provided at the end of the GTC. If the trip was booked through a travel agent, the withdrawal can also be declared to this agent. The traveler is recommended to declare the withdrawal on a permanent data medium.

4.2 If the traveler withdraws before the start of the trip or does not begin the trip, KiteWorldWide will lose the claim to the travel price. Instead, KiteWorldWide may demand reasonable compensation from the traveler. This does not apply if KiteWorldWide is responsible for the withdrawal or if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity that significantly impair the implementation of the package tour or the transportation of persons to the destination; circumstances are unavoidable and extraordinary if they are not subject to the control of the party to the contract that refers to them and their consequences could not have been avoided even if all reasonable precautions had been taken.

4.3 KiteWorldWide has defined this compensation claim to which it is entitled in the following cancellation fees. The calculation is made taking into account the time of the cancellation declared by the traveler up to the contractually agreed start of the trip, the expected savings in expenses and the expected acquisition through an alternative use of the travel services. The compensation is calculated according to the time of receipt of the cancellation declaration by KiteWorldWide or the travel agent as follows:

4.4 In any case, the traveler is at liberty to prove to KiteWorldWide that KiteWorldWide can only demand significantly lower reasonable compensation as a result of the withdrawal.

4.5 KiteWorldWide reserves the right to demand higher, concretely calculated compensation instead of the above cancellation flat rates, insofar as KiteWorldWide can prove the occurrence of significantly higher expenses than the applicable cancellation flat rate. In this case, KiteWorldWide is obligated to specifically quantify the compensation demanded, taking into account the saved expenses and less what it acquires through other use of the travel services, and to justify this at the request of the traveler.

4.6 KiteWorldWide expressly recommends that travel cancellation insurance including pandemic coverage be taken out. This is not a component of the package travel contract and generally cannot be reimbursed in the event of cancellation of the travel contract; the same applies to the portion of travel cancellation insurance included in an insurance package.

4.7 If KiteWorldWide is obligated to reimburse the travel price as a result of a cancellation, the reimbursement must be made immediately, but in any case within 14 days of the cancellation.

4.8 The legal right of the traveler to declare a transfer of the contract to another traveler on a permanent data carrier in accordance with § 651e BGB (German Civil Code) (provision of a substitute participant) remains unaffected by the above provisions, provided that this notification is received by KiteWorldWide no later than seven days before the start of the trip. Otherwise, the substitute participant and the traveler are liable to KiteWorldWide as joint and several debtors for the travel price and the reasonable and actual additional costs incurred due to the entry of the substitute participant.

5 Rebooking by the traveler before the start of the trip

5.1 The traveler has no legal claim to a change in the travel date, the travel destination, the place of departure, the accommodation or the mode of transport (rebooking). This does not apply, of course, if a rebooking is necessary due to incomplete or incorrect pre-contractual information pursuant to Art. 250 § 3 EGBGB; such a rebooking will be carried out free of charge for the traveler.

5.2 If KiteWorldWide makes a rebooking at the request of the traveler in accordance with Item 5.1 Sentence 1, the traveler will be charged for the expenses incurred by KiteWorldWide as a result of the rebooking up to the day of the occurrence of the 2nd cancellation level, which includes, in particular, rebooking or cancellation costs (for non-refundable rates) for booked flights or overnight accommodations and other destination services. These incurred and verifiable expenses will be clearly communicated to the traveler prior to a rebooking, as well as a changed travel price due to the rebooking due to daily updated prices for the new bookings necessary with the service providers of KiteWorldWide or deviating seasonal times. For each rebooking that is made, a rebooking fee in the amount of €50 will be charged for the work and time expended by KiteWorldWide for each process. The traveler is at liberty to prove to KiteWorldWide that KiteWorldWide may only demand a significantly lower reasonable compensation for the effort due to the rebooking that took place.

5.3 Later rebooking requests by the traveler than those regulated in 5.2 can only be carried out, if their implementation is possible at all, after withdrawal from the travel contract in accordance with Item 4.3 under the conditions applicable there and simultaneous new registration. This does not apply to rebooking requests that only cause minor costs. 6.

6. services not used

If the traveler does not make use of individual travel services that KiteWorldWide has properly offered for reasons for which the traveler is responsible, the traveler has no right to a proportional refund of the travel price. The same applies if a service cannot be used because the traveler does not meet certain requirements (e.g., health or conditional requirements), although KiteWorldWide has fulfilled its pre-contractual information obligations in this regard. KiteWorldWide will endeavor to obtain reimbursement of the saved expenses from the service providers. This obligation does not apply if the services are completely insignificant or if a reimbursement is opposed by legal or official regulations. KiteWorldWide recommends taking out travel cancellation insurance.

7 Cancellation due to failure to reach the minimum number of participants and termination by KiteWorldWide

7.1 KiteWorldWide can only withdraw from the package travel contract due to failure to reach a minimum number of participants if KiteWorldWide

A. specifies the minimum number of participants in the pre-contractual information regarding the booked package tour, as well as the time by which the declaration must be received by the traveler prior to the contractually agreed start of the trip, and

B. states the minimum number of participants and the latest cancellation deadline in the travel confirmation. The withdrawal must be declared to the traveler no later than on the date specified in the pre-contractual information and the travel confirmation. If it is already apparent at an earlier point in time that the minimum number of participants cannot be reached, KiteWorldWide must immediately exercise its right of withdrawal. If the trip is not carried out for this reason, KiteWorldWide must immediately refund any payments made by the traveler, but in any case within 14 days of the declared withdrawal.

7.2 KiteWorldWide can terminate the package travel contract without notice if the traveler persistently disrupts the implementation of the trip regardless of a warning by KiteWorldWide or behaves in a manner contrary to the contract to such an extent that the immediate cancellation of the contract is justified; this does not apply if behavior contrary to the contract has occurred due to a violation of pre-contractual information obligations. Insofar as special requirements must be met by the traveler for a package tour according to the travel description (e.g., health or conditional requirements), a violation of this constitutes conduct in violation of the contract. If KiteWorldWide cancels, KiteWorldWide retains the claim to the travel price, but must take into account the value of the saved expenses as well as those advantages that KiteWorldWide obtains from another use of the services not utilized, including the amounts credited to it by its service providers.

8 Obligations of the traveler to cooperate

8.1 Travel documents The traveler must inform KiteWorldWide or his or her travel agent with whom he or she booked the package tour if he or she does not receive the required travel documents (e.g., e-ticket receipts, hotel vouchers) within the period communicated by KiteWorldWide. The travel documents will be sent approximately 10-14 days prior to the start of the trip, but only after full payment has been received.

8.2 Notification of defects KiteWorldWide is obligated to provide the traveler with the package free of travel defects. If this is not the case, the traveler is obligated to immediately notify KiteWorldWide of a travel defect. For this purpose, the traveler must immediately notify the representative of KiteWorldWide of the defect on site. If a representative of KiteWorldWide is not available on site and is not contractually owed, the traveler must notify KiteWorldWide directly of the defects that have occurred. The contact data of a representative of KiteWorldWide available on site along with his or her availability as well as the contact data of KiteWorldWide for a travel defect notification can be found in the travel confirmation. The traveler also has the option of submitting his or her notice of defects to the travel agent with whom he or she booked the package tour. The representative of KiteWorldWide is instructed to provide remedy, insofar as this is possible. However, he or she is not authorized to acknowledge claims. Insofar as KiteWorldWide was not able to provide a remedy as a result of a culpable omission of the notification of defects, the traveler can neither assert claims for a reduction in price according to § 651m BGB (German Civil Code) nor claims for damages according to § 651n BGB.

8.3 Setting a deadline before termination If a traveler wishes to terminate the package travel contract due to a significant travel defect of the type described in § 651i BGB in accordance with § 651l BGB, the traveler must first set a reasonable deadline for KiteWorldWide to provide a remedy. This does not apply only if remedial action is refused by KiteWorldWide or if immediate remedial action is necessary.

8.4 Baggage delay and damage:

A. In accordance with air traffic regulations, the traveler must immediately notify the responsible airline on site of damage to his or her luggage or a loss or delay of luggage during air travel by means of a notice of claim (P.I.R.) and, for reasons of proof, obtain a confirmation in text form. As a rule, both airlines and KiteWorldWide will refuse refunds in this regard based on international agreements if the damage report has not been completed. The notice of claim must be filed within 7 days in the case of baggage damage and within 21 days in the case of baggage delay.

B. In addition, the damage, loss or luggage delay must be immediately reported to KiteWorldWide in accordance with the explanations in Section 8.2. Notification to KiteWorldWide does not release the traveler from the obligation of timely notification of damage to the responsible airline in accordance with a).

9 Limitation of liability

9.1 The contractual liability of KiteWorldWide for damages that do not result from injury to life, body or health is limited to three times the travel price, insofar as these were not culpably caused. If international agreements or legal regulations based on such apply to a travel service, according to which a claim for damages against the service provider only arises or can only be asserted under certain conditions or restrictions or is excluded under certain conditions, KiteWorldWide can also refer to this with respect to the traveler.

9.2 KiteWorldWide is not liable for service disruptions, personal injury and property damage in connection with services that are merely brokered as third-party services (e.g., excursions) if these services are expressly identified as third-party services in the travel description and the booking confirmation, stating the identity and address of the brokered contractual partner, in such a clear manner that the traveler can recognize that they are not part of the package tour of KiteWorldWide. However, KiteWorldWide is liable for these services if and insofar as the violation of information, explanation or organizational obligations on the part of KiteWorldWide were the cause of damage to the traveler.

9.3 KiteWorldWide is not liable for services that are used by the traveler as part of the package tour and are not arranged or organized by KiteWorldWide or its local representatives, but rather, for example, by the hotel or other persons or companies under their own responsibility.

10 Assertion of claims, consumer dispute resolution

10.1 The traveler must assert claims in accordance with §§ 651i Paragraph 3 No. 2, 4-7 BGB (German Civil Code) against KiteWorldWide. The assertion can also be made by the traveler through the travel agent with whom the traveler booked the package tour. It is recommended that the claims be asserted on a permanent data carrier.

10.2 The assignment of claims against KiteWorldWide to third parties who are not travel participants is excluded.

10.3 In accordance with § 36 VSBG (Consumer Dispute Resolution Act), KiteWorldWide points out that KiteWorldWide does not participate in dispute resolution proceedings before a consumer arbitration board and is not legally obligated to do so. Should a legal obligation to participate in such a dispute resolution procedure arise after printing or should KiteWorldWide participate voluntarily, KiteWorldWide will inform the travelers of this on a permanent data carrier. In the event of conclusion of a contract in electronic legal transactions, reference is made to the European platform for online dispute resolution in accordance with Article 14 (1) of the ODR Regulation at https://ec.europa.eu/consumers/odr/.

11 Passport, visa and health regulations

11.1 KiteWorldWide informs the travelers about general passport and visa requirements of the destination country, including the approximate deadlines for obtaining any necessary visas, as well as health police formalities prior to the conclusion of the contract, as well as any changes to these prior to the start of the trip.

11.2 The traveler is responsible for obtaining and carrying the travel documents required by the authorities, any necessary vaccinations and compliance with customs and foreign exchange regulations. Disadvantages resulting from non-compliance with these regulations, e.g., payment of cancellation costs, shall be borne by the traveler. This does not apply if KiteWorldWide has not provided information, or has provided insufficient or incorrect information.

11.3 KiteWorldWide is not liable for the timely issuance and receipt of necessary visas by the respective diplomatic representation if the traveler has commissioned KiteWorldWide with the procurement, unless KiteWorldWide has culpably violated its own obligations.

12 Information on the identity of operating air carriers

The EU regulation on informing passengers about the identity of the operating air carrier obligates KiteWorldWide to inform the traveler about the identity of the operating air carriers of all air transportation services to be provided within the scope of the booked trip at the time of booking. If the operating airline has not yet been determined at the time of booking, KiteWorldWide is obligated to inform the traveler of the airline or airlines that will likely operate the flight or flights. As soon as KiteWorldWide knows which airline will operate the flight, KiteWorldWide must inform the traveler. If the airline named to the traveler as the operating airline changes, KiteWorldWide must inform the traveler of the change. KiteWorldWide must immediately take all reasonable steps to ensure that the traveler is notified of the change as soon as possible. The list of airlines that are prohibited from operating in the EU (so-called "Black List") can be found on the following website: https://ec.europa.eu/transport/modes/air/safety/air-ban_de.

13. sports courses and programs offered by KiteWorldWide

13.1 Due to their sporting character, the trips organized by KiteWorldWide require increased mental and physical fitness as well as health. It is therefore strongly recommended that you have a sports medical examination before registering for the trip.

13.2 During the sports courses and programs, the sports instructors and supervisors must be followed. The traveler is obliged to comply with local, national and international safety regulations. Non-compliance will result in immediate exclusion without the right to reimbursement of the proportional costs for the corresponding course or program.

13.3 Travelers who book a sports course or program offered by KiteWorldWide must have the required experience as described in the invitation to participate. The responsible sports instructor or supervisor on site has the right, in the event of a lack of qualification, to rebook the traveler to a sports course or program suitable for his/her knowledge, provided that such a course or program can be offered; if such a course or program cannot be offered, there is no claim to participation in the booked course or program.

14 Applicable law, place of jurisdiction

14.1 German law applies to the contractual relationship between the traveler and KiteWorldWide.

14.2 The traveler can only sue KiteWorldWide at its registered office. The domicile of the traveler is decisive for lawsuits by KiteWorldWide against the traveler. For lawsuits against travelers who are merchants, legal entities under public or private law or persons, the place of jurisdiction is agreed to be the registered office of KiteWorldWide, insofar as these ARB are applicable to the traveler's company due to a lack of a framework agreement for the handling of business trips. The same applies to travelers who have their domicile or usual place of residence in a third country or whose domicile or usual place of residence is not known at the time the action is filed.

14.3 The above provisions shall not apply,

A. if and insofar as other provisions in favor of the traveler result from contractually non-mandatory provisions of international agreements that are applicable to the package travel contract between the traveler and KiteWorldWide, or

B. if and to the extent that non-mandatory provisions applicable to the package travel contract in the EU member state to which the traveler belongs are more favorable for the traveler than the above provisions or the corresponding German provisions.

Status: 25.11.2021 / ©JD

Tour Operator:

KiteWorldWide GmbH
Steindamm 97| D-20099 Hamburg
Tel:+49 (0) 40-20 93 45 09 0
Fax: +49 40 209 345 099
info@kiteworldwide.com
Managing Director: York Neumann


Data protection notice:

The personal data provided by travelers in the course of booking the package tour will be processed electronically and used by KiteWorldWide GmbH and its service providers (carriers, hotels, incoming agencies, database providers of entry and health regulations) and processed and stored in the AMADEUS/SABRE reservation system (GDS) used worldwide, to the extent that it is necessary for the performance of the contract. Due to a U.S. federal terrorist screening law, airlines are required to provide the flight and reservation information of each passenger to the U.S. Transportation Security Administration (TSA) prior to entry into the United States. Without this data transfer, entry into the USA is not possible - this also applies to stopovers as well as connecting flights. This data must also be transmitted for flights to other countries that are only tangential to the airspace of the USA. The provisions of the GDPR apply. The detailed data protection information, including the rights of travelers, is stored on https://kiteworldwide.com/de/datenschutz/, can be requested under the contact data of KiteWorldWide GmbH or will be made available at the time the data is collected (travel request / travel booking).

Distance contracts:

KiteWorldWide GmbH points out that bookings of package tours in distance selling (e.g., by telephone, e-mail) cannot be revoked in accordance with §§ 312 Para. 7, 312g Para. 2 Sentence 1 No. 9 BGB (German Civil Code). However, a right of revocation exists if the contract for the package tour was concluded between KiteWorldWide GmbH and the traveler, who is a consumer, outside of business premises, unless the oral negotiations on which the conclusion of the contract is based were conducted at the prior order of the consumer.

Travel insurance:

KiteWorldWide GmbH generally recommends the conclusion of travel cancellation insurance and foreign travel health insurance, including coverage of repatriation costs in the event of accident or illness. In addition, it is strongly recommended to pay attention to an included or separately concluded Covid-19 protection ("pandemic protection") when concluding the insurance.

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