Information about Kitemondo

Terms of use

1. Scope of Application of the Terms of use 

(1) These Terms of Use apply to the Kitemondo online offer, which can be accessed on the Internet at the web address https://www.kitemondo.com This is a platform where users can book kite surfing courses, trainers and kite equipment.  

(2) The website www.kitemondo.com is operated by: (Imprint):

Fa. Sascha Krone - Kitemondo

Bruststrasse 10

D-45239 Essen

Germany

Phone: +49 - 201 - 759 713 71

E-mail: hello@kitemondo.com

Tax identification number according to § 27a UStG: DE257856665

Responsible for content according to § 55 II RStV: Sascha Krone (address see above)


(3) These are the current Terms of Use dated 22 August 2019 and can also be printed out via your browser functionality. 

2. Conclusion of Contract and User Account 

(1) By completing the online registration process, a user contract is concluded with the operator of the Kitemondo.com website. Subject of the contract is the free use of the website to search for suitable kite surfing courses, trainers and kite surfing equipment. The booking of the service of the provider is possible online and requires the use of a credit card or a Paypal account.  

(2) The creation of a profile requires the creation of a user account. This consists of a user name and a password ("log-in data"). 

(3) The creation of a user account is only possible by providing a current e-mail address of the user. This e-mail address is also used for communication with Kitemondo. 

(4) The user assures that the data ("profile data") used when creating his profile are accurate and complete. The use of pseudonyms is not permitted. 

(5) The contract language is exclusively German. All other translations are for information only. 

(6) With any communication of the user with other users, any contractual relationships arise exclusively between the users involved. The operator of Kitemondo.com is neither a representative nor a contractual partner. 


3. Performance of Kitemondo.com 

Kitemondo provides a platform for the presentation of kite surfing courses, trainers and kite surfing equipment. The use of this platform is free of charge, but requires registration in order to use all offers. Kitemondo, as a platform operator, ensures the technical operation and enables the mediation of the services of the providers (kite surfing courses, trainers, kite surfing equipment) to interested parties. 

Kitemondo.com uses the online payment providers Paypal and Stripe to fulfill the payments between the providers of a service and the customers of a service. 

Commissions after successful mediation  

Kitemondo.com collects a commission for the mediation of a service between a provider of a service and an interested party. The commission is due upon conclusion of the contract and is borne by the provider of a service. The commission is subtracted directly from the payment due to the provider by the online payment providers Paypal and Stripe and forwarded to Kitemondo.com, so that no further activities by the provider of a service are necessary to transfer the amounts due. 

The commissions for the services amount to 12% of the total amount, but at least EUR 4,- per booking. 
 
General terms and conditions of the providers: 

In case of booking a service of a provider, the user must agree to the terms and conditions of the respective provider of the service. The general terms and conditions can be found in the description of the service. By "clicking" on the corresponding button before placing an order, consent is given. 
 
Other possible uses of this platform:  

(1) During use, the user can make use of various services: - The user has the possibility to publish his/her own content (text, images, etc.) within the portal: This is information about yourself, information and pictures about the services offered. - The user has the possibility to send messages to other users.  

(2) The operator is entitled to block access to individual contents at any time, e.g. if it is suspected that these violate applicable law or the rights of third parties. The user has no claim to the maintenance of individual functionalities of the portal.
 
(3) The operator shall endeavour to ensure trouble-free operation of the portal. This is naturally limited to services over which the operator has an influence. The Operator is at liberty to restrict access to the Portal in whole or in part, temporarily or permanently, due to maintenance work, capacity requirements and other events beyond the Operator's control.
 
4. obligation of the user to cooperate

Posting of Contents

 (1) The user undertakes to place only information and content on the platform that is directly related to the purpose of this platform - the provision of kite surfing courses, trainers and kite surfing equipment. 

(2) The user undertakes to observe applicable law (e.g. criminal law, competition law and youth protection law) when creating and using his own content and not to infringe the rights of third parties (e.g. name, trademark, copyright and data protection rights).  

(3) The user undertakes vis-à-vis the operator to ensure that any content placed on the portal does not violate applicable law or morality by its content or form. The same applies to the setting of external links. In particular, it is not permitted to disseminate content that is:

- racism - Glorification of violence and extremism of any kind
- Calls for and incitement to commit criminal offences and infringements of the law, threats against                   body, life or property 

- rushing against persons or companies

- Personality-infringing statements, slander, defamation and nuisance                

- Defamation by users and third parties and breaches of fair trading law 

- contents or other breaches of copyright by third parties intellectual property Rights

- sexual harassment of users and third parties 

- pornography 

- offensive, sexist, obscene, vulgar, abominable or disgusting materials and expressions represent, concern or contain. 


 Copyright-protected content may only be included literally in articles without the consent of the respective copyright holder within the scope of the applicable citation law. Quotations are to be identified by highlighting them with a quotation function and a reference to the source. Foreign-language quotations must also be translated in such a way that the content is roughly visible. Especially not correctly quoted contributions can be removed or corrected by the moderators. The distribution and/or public reproduction of any content of the portal without the consent of the operator is prohibited. 

 
5 Further duties of cooperation of the user 

(1) The user may only use the portal for the purposes intended and already described several times in these terms of use. 

(2) In the event that the user uses the opportunity to inform third parties about the existence of the portal via the recommendation function provided by the operator, he must ensure that the third party agrees to the sending of the advertising recommendation e-mail.  

(3) In the event that the contents contain hyperlinks to pages of third parties, the user warrants that he has the right to use the hyperlink and that the website to which reference is made ("landing page") is compatible with applicable law and the rights of third parties. 

(4) The user is obliged to handle the log-in data carefully. Without exception, the user is prohibited from disclosing the log-in data to third parties and/or allowing third parties access to the profile by circumventing the log-in data.
(5) The user must refrain from any activity that is likely to impair and/or overload the operation of the portal or the technical infrastructure behind it. These include in particular: - the use of software, scripts, or databases in conjunction with the use of the portal; - automatic readout, blocking, overwriting, modification, copying of data and/or other contents, as far as this is not necessary for the proper use of the portal is required; 

(6) It is also a violation of personality and therefore not permitted to remove the anonymity of other users or to disclose information from other users from private messages, e-mails or chats that are not intended for the public. Users may not include in their contributions or otherwise make known any information which could reveal the identity of another user or which the user has received from other users exclusively in private messages, e-mails or chats.
 
(7) Should disruptions occur during the use of the portal or its functionalities, the user will immediately inform the operator of this disruption. The same applies if the user obtains information about contents published by third parties which obviously violate applicable law or the rights of third parties.  
 
6. Rights of use 

(1) The user grants the operator a spatially and temporally unlimited, irrevocable, nonexclusive, royalty-free right, transferable to third parties, to utilize the posted content in the online offer. The operator is entitled to use, edit and exploit the contents at any time. This includes in particular the right of reproduction, the right of distribution and the right of communication to the public, in particular the right of making available to the public. The user waives the right to copyright. This provision shall not affect the possibility of the user to grant third parties rights to the content posted in accordance with certain licensing models.   

(2) All rights to the contents of the portal lie with the operator. The user is prohibited from reproducing, disseminating and/or publishing content that the operator, other users or third parties have posted on the portal. 


7. Liability

 (1) Unlimited liability: The operator of the platform is liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, the operator is liable for damages resulting from injury to life, limb and health of persons. 

 (2) Otherwise, the following limited liability shall apply: In the event of slight negligence, the operator shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the user may regularly rely (cardinal obligation).
Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of the operator's vicarious agents. 


8. Right to exemption 

The user indemnifies the operator and its employees or agents against all claims of third parties in the event of claims based on alleged or actual infringement of rights and/or infringement of rights of third parties by actions undertaken by the user in connection with the use of the portal. In addition, the user undertakes to reimburse all costs incurred by the operator as a result of claims by third parties. Reimbursable costs also include the costs of reasonable legal defence. 


9. personal data 

The operator stores and uses the data in accordance with the following regulations:

 (1) The user hereby consents to the storage of the personal data entered by him. This also applies to the storage of the IP addresses that are transmitted each time the portal is used. In particular, the user also consents to the presentation of the personal data entered by him in his profile representation within the portal for other users of the portal and third parties who are not users of the portal. 

(2) The user also consents to the use of his personal data for the personalization of advertisements placed in the portal (a disclosure of personal data to advertisers does not take place). The user further agrees that third party advertisements of any kind whatsoever may be placed on his profile pages. 

(3) The use of the portal makes the collection, processing and use of personal data by the operator unavoidable. The operator assures to handle all stored data carefully and to process them exclusively within the scope of the user's data protection consent. Any further use of personal data by the operator will only take place if this is legally permissible or if the user has consented in advance. 

(4) The user further agrees that the operator may use the user's personal data for direct marketing purposes. This includes addressing the user by e-mail for advertising purposes. (5) The data protection agreement is referred to here. These can also be found on the Kitemondo website.
 
10. contract duration/termination 

(1) The contract runs for an indefinite period and can be terminated by either party at any time without notice and without giving reasons. 

(2) In addition and beyond this, the right of the parties to terminate the contractual relationship by extraordinary termination for good cause shall remain unaffected.  

(3) For the operator there is an important reason to terminate this contract if the customer sustainably violates his obligations according to Clause 4 or 5 of this contract. 

11. final provisions
(1) Should the contract contain ineffective regulations, the effectiveness of the rest of the contract remains unaffected. 

(2) The present contract shall be governed exclusively by German law.