General Terms and Conditions of Services

GENERAL TERMS AND CONDITIONS OF SERVICES

KITE HABITS S.S.D. a R.L.
Contrada Giunchi n. 211, 91025 Marsala (TP), Italy

VAT No. / Tax Code: 02949870816 | Recipient Code: M5UXCR1

E-mail: biuro@kite-habits.pl | PEC: kitehabits@mypec.eu | Tel.: (+39) 352 0027871

Website: https://kite-habits.pl/

Registered in the Companies Register of the Chamber of Commerce of Trapani under no. TP - 208668

(hereinafter: the “Company” or “KITE HABITS”).

Version dated: 01.03.2026

PREAMBLE

These General Terms and Conditions of Services (hereinafter: the “Terms”) regulate the relations between KITE HABITS S.S.D. a R.L. and persons using the Company’s services (hereinafter: the “Client”).

The Terms apply to all services provided by the Company, including kitesurfing lessons and courses, equipment rental and the use of the base infrastructure at the Lo Stagnone spot (Marsala, Province of Trapani, Italy).

The Client is obliged to familiarise themselves with the content of these Terms prior to making a reservation. Making a reservation and its confirmation by the Company constitutes acceptance of these Terms in their entirety.

These Terms are made available in Polish, Italian and English. In the event of discrepancies between language versions, the Italian version shall prevail. The Italian version of these Terms contains clauses requiring separate approval pursuant to Articles 1341–1342 of the Italian Civil Code (Codice civile).

§ 1. DEFINITIONS

For the purposes of these Terms, the following terms shall have the following meanings:

Company / KITE HABITS — KITE HABITS S.S.D. a R.L. (Società Sportiva Dilettantistica a Responsabilità Limitata), an amateur sports association in the form of a limited liability company under Italian law, with its registered office indicated above.

Client — a natural person who concludes a contract with the Company for purposes not related to business or professional activity (consumer within the meaning of Article 3(1)(a) of the Italian Consumer Code — Codice del consumo, Legislative Decree No. 206/2005), as well as a natural or legal person concluding a contract within the scope of business or professional activity (professional client). In the case of a minor Client — also their parent or legal guardian.

Participant — a natural person taking active part in activities organised by the Company; the Participant may be identical to the Client or a third party for whose benefit the Client concluded the contract (e.g. the Client’s child).

Instructor — a person conducting lessons or training, holding appropriate qualifications and instructor licences (including IKO licence / PZKite licence, qualifications compliant with Italian regulations).

Services — kitesurfing lessons and courses, rental of kitesurfing equipment and use of the Company’s base infrastructure.

Base — the Company’s infrastructure at the Lo Stagnone spot (Marsala), including equipment storage space, preparation and briefing areas, and possible social facilities.

Spot — the Lo Stagnone lagoon in Marsala (TP) and the adjacent area where the Company conducts its activity.

Membership — registration of the Client/Participant with OPES Italia (OPES Latina section), required to activate insurance coverage and participation in sports activities in accordance with Legislative Decree No. 36/2021.

Contract — a contract for the provision of services concluded between the Company and the Client under the terms set out in these Terms and supplementary documents.

Force majeure — an extraordinary, unforeseeable event beyond the control of the parties, preventing performance of obligations, including: natural disasters, epidemics, administrative or governmental decisions, closure of the water area by authorities, acts of war, or widespread infrastructure failures.

§ 2. CONCLUSION OF THE CONTRACT — DISTANCE CONTRACTS

Booking channels. The Client may make a reservation via: e-mail, telephone, WhatsApp communicator or a form available on the Company’s website.

Contract conclusion procedure. The contract is concluded at the moment when the Client receives booking confirmation from the Company by electronic means (e-mail), containing:

  • scope of the service (type of course/lesson, equipment rental, dates),
  • total price of the service (gross, including possible membership costs),
  • payment method and deadline,
  • link to these General Terms and Conditions,
  • link to the Cancellation & Weather Policy,
  • link to the Privacy Policy and Cookies Policy,
  • information on the right of withdrawal or its exclusion (§ 3 of these Terms).

Payment of the deposit by the Client after receiving the booking confirmation constitutes confirmation of the conclusion of the contract and acceptance of these Terms.

Information obligation. In accordance with Article 49 of the Italian Consumer Code (Codice del consumo, Legislative Decree No. 206/2005), prior to concluding a distance contract, the Company informs the consumer Client in a clear and comprehensible manner about:

  • the identity of the Company, its address, telephone number and e-mail,
  • the main characteristics of the service and the total price including taxes,
  • payment methods and performance of the service,
  • conditions, deadline and procedure for exercising the right of withdrawal or its exclusion,
  • the existence of statutory liability for conformity of the service with the contract,
  • the duration of the contract and conditions for its termination,
  • the possibility of using out-of-court dispute resolution (§ 12 of these Terms).

Confirmation on a durable medium. In accordance with Article 51 of the Consumer Code, the Company provides the Client with confirmation of the concluded contract on a durable medium (e-mail) within a reasonable time after conclusion, and no later than at the start of the service.

Personal nature of services. Services provided by the Company are personal in nature. Transfer of a reservation to another person is possible with the prior consent of the Company, expressed in written or electronic form, provided that the new Participant meets all requirements set out in these Terms (including membership and health declarations). The Company may refuse the transfer only for justified objective reasons (e.g. lack of required qualifications of the new Participant). The transfer does not involve additional fees unless it generates additional administrative costs (e.g. new membership), of which the Client will be informed in advance.

§ 3. RIGHT OF WITHDRAWAL

Information for the consumer. In accordance with Articles 52 et seq. of the Italian Consumer Code (Legislative Decree No. 206/2005), a consumer Client who has concluded a distance contract has, as a rule, the right to withdraw from the contract without giving any reason within 14 days from the date of conclusion of the contract.

Exclusion of the right of withdrawal. Pursuant to Article 59(1)(n) of the Consumer Code, the right of withdrawal does not apply to contracts for the provision of services related to leisure, sports or cultural events, if the contract specifies a specific date or period of performance of the service. Therefore, if the reservation concerns a service with a specifically designated date (date/dates of lessons, course or rental), the right of withdrawal is excluded, of which the Client is expressly informed in the booking confirmation.

Cases in which the right of withdrawal applies. If the reservation does not include a specified date or period of performance of the service (e.g. purchase of an open voucher without a designated date), the consumer Client has the right to withdraw from the contract within 14 days from the date of conclusion of the contract.

Withdrawal procedure. Withdrawal requires an explicit statement (e.g. a letter sent by post, e-mail or via a form). A model withdrawal form constitutes an annex to these Terms.

Effects of withdrawal. In the event of effective withdrawal, the Company shall reimburse the Client all payments received within 14 days from the date of receipt of the withdrawal statement, using the same means of payment as used by the Client, unless the Client expressly agrees otherwise.

Commencement of performance before expiry of the withdrawal period. If the Client has expressly requested the commencement of the service before the expiry of the withdrawal period and subsequently withdraws from the contract, the Client shall be obliged to pay an amount proportional to the scope of services provided until the moment of informing the Company of the withdrawal (Article 57(3) of the Consumer Code).

§ 4. PRICES, PAYMENTS AND DEPOSITS

Prices. Service prices are stated in EUR, include VAT (where applicable) and are in accordance with the current offer of the Company. The Company reserves the right to change the price list, however such change does not apply to reservations already confirmed.

Deposit. The standard deposit amounts to 30% of the service price, unless otherwise agreed individually. The deposit is payable by bank transfer to the Company’s IBAN account indicated in the booking confirmation.

Remaining amount. The remaining balance of the service price is payable before the start of the first session or on-site at the base — in accordance with the arrangements contained in the booking confirmation.

Nature of the deposit. The deposit constitutes a caparra confirmatoria within the meaning of Article 1385 of the Italian Civil Code. In the event of non-performance of the contract due to reasons attributable to the Client, the Company has the right to retain the deposit. In the event of non-performance of the contract due to reasons attributable to the Company, the Client has the right to demand the return of double the deposit amount. The above does not prejudice the right of the parties to claim damages under general rules if the damage exceeds the amount of the deposit.

Lack of payment. Failure to pay the deposit within the deadline indicated in the booking confirmation results in cancellation of the reservation without additional consequences for the Client.

Invoices and receipts. Upon the Client’s request, the Company issues an invoice or receipt in accordance with applicable tax regulations.

§ 5. OPES MEMBERSHIP AND SPORTS INSURANCE

Membership obligation. A condition for starting lessons, courses or equipment rental is the completion of membership of the Client/Participant in OPES Italia (OPES Latina section) in accordance with the requirements of Legislative Decree No. 36/2021 (Riforma dello sport). Membership enables activation of insurance coverage under the OPES policy.

Membership data. The Client undertakes to provide complete and accurate data necessary to complete the membership. Providing false data may result in lack of insurance coverage — the Client bears responsibility for this.

Membership costs. The cost of membership is approximately EUR 10 and is included in the price of the service. The Client is informed about the cost of membership before making a reservation.

Scope of OPES insurance coverage. The Company informs the Client that the OPES insurance policy (sports card type “B”) includes in particular: accident insurance (NNW / infortuni), including death of the Participant up to approximately EUR 80,000 and permanent disability (invalidità permanente) up to approximately EUR 80,000, coverage of selected medical expenses related to an accident (with limitations and deductibles), and third-party liability insurance (RC) up to EUR 1,000,000 per event, subject to a deductible. Insurance coverage applies exclusively during sports activities organised under the auspices of OPES and in accordance with applicable regulations and rules.

Detailed terms of insurance coverage resulting from the OPES policy are available on the OPES website: opesitalia.it / at the Company’s base / sent upon the Client’s request by e-mail. The Company recommends that the Client familiarise themselves with the OPES policy conditions before starting the activities, in particular with the scope of exclusions of insurance coverage.

Additional insurance. Insurance coverage resulting from the OPES policy may not cover all risks related to practising kitesurfing. The Company recommends that the Client take out additional insurance at their own expense, in particular:

  • accident insurance (NNW) with extended coverage,
  • third-party liability insurance (OC),
  • insurance covering medical expenses abroad and medical transport (for Clients not holding EHIC or private health insurance covering Italy).

Lack of membership. If it is not possible to complete the membership (e.g. due to lack of data, refusal by OPES or delays beyond the control of the Company), the Company cannot commence the provision of the service. In such a case, the Client has the right to: (a) wait for the membership to be completed, (b) change the reservation date, or (c) receive a full refund of the amounts paid.

Company’s liability insurance. The Company holds third-party liability insurance (responsabilità civile) related to its sports activity, in accordance with Article 33 of Legislative Decree No. 36/2021, concluded with AXA. The policy covers third-party liability up to EUR 1,000,000 per event, within the scope and under the conditions specified in the general insurance terms. Detailed conditions of the policy, including exclusions, limits and possible deductibles, are available upon the Client’s request. The Company recommends familiarising oneself with the insurance terms before starting the activities.

§ 6. HEALTH DECLARATIONS AND SAFETY

Health declaration. Before participating in the activities, the Client/Participant is required to submit a declaration confirming that:

  • they are able to swim,
  • they are physically fit to practise water sports, including kitesurfing,
  • they are not under the influence of alcohol or intoxicating substances,
  • they are not aware of any medical contraindications to practising a high-risk sport.

This declaration is made within the Participant Card. Persons with health issues should consult a doctor before participating in the activities. The Company reserves the right to request a medical certificate confirming the absence of contraindications to practising sport (certificato medico per attività sportiva non agonistica), if circumstances so require.

Medical certificate. To the extent required by applicable Italian regulations (including OPES rules), the Participant is obliged to obtain, at their own expense, a medical certificate confirming the absence of contraindications to practising sport (certificato medico) and to present it to the Company before the start of the activities.

High-risk sport — acceptance of sporting risk. The Client/Participant acknowledges and accepts that:

  • kitesurfing is a high-risk sport involving the use of wind force,
  • it involves being in water and on an open body of water,
  • practising kitesurfing involves a risk of injury, accidents and, in extreme cases, a threat to health and life, resulting in particular from: sudden changes in weather conditions,
  • gusts of wind, water currents, collisions with other users of the water area, equipment failure, human error and the action of unpredictable forces of nature,
  • these risks cannot be completely eliminated even with the highest level of care and professionalism on the part of the Instructor and the Company.

The above declaration constitutes a conscious and voluntary acceptance of sporting risk and does not constitute a waiver by the Client/Participant of the right to pursue claims resulting from wilful misconduct (dolo) or gross negligence (colpa grave) of the Company, its Instructors or employees.

Safety obligations of the Client/Participant. The Client/Participant undertakes to:

  • strictly follow the instructions of the Instructor and Company staff,
  • comply with right of way rules (ROW) on the water and local regulations,
  • immediately inform the Instructor of any changes in well-being, health condition, equipment problems or dangerous situations,
  • use a protective helmet during lessons and equipment rental, regardless of level of advancement,
  • inform the Instructor or Company staff when entering the water and returning to land,
  • navigate only within the permitted water area designated by the Instructor or Company staff, no further than 1 km from the launch point,
  • not give false distress signals.

Company’s right to interrupt activities. The Company, through the Instructor or staff member, has the right to suspend or interrupt activities, training or rental at any time if:

  • weather conditions or the state of the water area threaten safety,
  • the Client/Participant does not follow the Instructor’s instructions or safety rules,
  • the Client/Participant is under the influence of alcohol or intoxicating substances,
  • other circumstances arise that threaten the safety of the Participant or third parties.

The decision of the Instructor or Company staff to interrupt activities for safety reasons is final and not subject to discussion. Financial settlement of interrupted services shall be made in accordance with the Cancellation & Weather Policy (§ 8 of these Terms).

Minors. Participation of a minor requires:

  • written consent of a parent or legal guardian,
  • signing of the Participant Card and declarations by the parent/legal guardian,
  • completion of membership of the minor.

The parent/legal guardian is responsible for the accuracy of information regarding the health condition and predispositions of the minor Participant. The minimum age of the Participant and rules of supervision during activities are determined individually with the Instructor.

§ 7. EQUIPMENT RENTAL — BASIC RULES

Conditions for independent riding. The Company rents equipment for independent riding only to persons who demonstrate skills corresponding at least to IKO Level 3 / PZKite Level III or equivalent, including in particular: the ability to ride upwind, safe launch and landing of the kite, body-drag and knowledge of right of way rules (ROW).

Verification of skills. The assessment of the Client’s/Participant’s skills is carried out by the Company’s Instructor based on a practical demonstration or presentation of a valid IKO/PZKite certificate. The Instructor’s decision to refuse rental due to insufficient skills is final. In such a case, the Client is offered improvement lessons or another service.

Equipment condition documentation. The handover and return of equipment are carried out on the basis of a report including:

  • description of the equipment issued,
  • photographic documentation of the condition at the time of issue and return,
  • signature or electronic confirmation of both parties.

Lack of objections at the time of collection means confirmation that the equipment was issued in complete condition and without visible defects.

Liability for equipment. The Client is responsible for damage to or loss of equipment beyond normal wear and tear resulting from proper use, including damage caused by improper use, instructions or these Terms, as well as leaving the equipment unattended. Detailed rules are set out in the Equipment Rental Agreement.

Return of equipment. Equipment must be returned on time, clean and packed, to a Company employee. Return takes place after inspection and preparation of return documentation.

§ 8. CANCELLATION, RESCHEDULING AND WEATHER CONDITIONS

Detailed rules regarding cancellation, rescheduling of services and the impact of weather conditions on the performance of services are set out in a separate document entitled “Cancellation & Weather Policy”, which constitutes an integral part of these Terms.

The Client confirms that before concluding the contract they have been provided with the content of the “Cancellation & Weather Policy” and accept its provisions.

The “Cancellation & Weather Policy” is also available on the Company’s website.

§ 9. LIABILITY

General rule of liability. The Company shall be liable for damages resulting from non-performance or improper performance of the contract in accordance with generally applicable provisions of Italian law, in particular Articles 1218 and 2043 of the Italian Civil Code (Codice civile).

Limitations of liability. To the extent permitted by applicable law, the Company’s liability does not cover damages resulting from circumstances for which the Company is not responsible, including in particular:

  • force majeure,
  • fault of the Client/Participant,
  • fault of third parties not acting on behalf of the Company.

Exclusion of limitation. Pursuant to Article 1229 of the Italian Civil Code, any contractual provisions excluding or limiting liability for damages caused by wilful misconduct (dolo) or gross negligence (colpa grave) shall be null and void. These Terms do not exclude or limit such liability.

Sport risk. The Client/Participant acknowledges that practising kitesurfing involves inherent sport risk. The Company shall not be liable for damages resulting exclusively from such risk, provided that the Company exercised due diligence in organising and conducting the activities.

Duty to mitigate damage. The Client/Participant is obliged to take reasonable actions to minimise potential damage, in particular by complying with safety rules and instructions of the Instructor.

Personal belongings. The Company shall not be liable for loss, theft or damage of personal belongings of the Client/Participant, unless the damage occurred due to fault of the Company.

§ 10. PERSONAL DATA PROTECTION (GDPR)

The controller of personal data is KITE HABITS S.S.D. a R.L.

Personal data of Clients and Participants are processed in particular for the purposes of:

  • performance of the contract (Article 6(1)(b) GDPR),
  • fulfilment of legal obligations (Article 6(1)(c) GDPR),
  • ensuring safety during activities (Article 6(1)(d) GDPR),
  • legitimate interest of the Company (Article 6(1)(f) GDPR),
  • marketing purposes and use of image — based on consent (Article 6(1)(a) GDPR).

Health data (special categories of personal data) are processed exclusively on the basis of explicit consent of the Client/Participant (Article 9(2)(a) GDPR).

Detailed information regarding the processing of personal data, including the rights of data subjects, is provided in the Privacy Policy available on the Company’s website.

§ 11. COMPLAINT PROCEDURE

The Client has the right to submit a complaint regarding the performance of services by the Company.

Complaints may be submitted in written or electronic form, in particular via e-mail to: biuro@kite-habits.pl or by post to the Company’s address.

The complaint should contain:

  • name and surname of the Client,
  • contact details (e-mail address or correspondence address),
  • description of the subject of the complaint,
  • indication of the request of the Client.

The Company shall confirm receipt of the complaint within 72 hours from its receipt.

The Company shall consider the complaint and provide a response within 30 days from the date of receipt of the complaint.

§ 12. OUT-OF-COURT DISPUTE RESOLUTION (ADR)

A consumer Client has the right to use out-of-court methods of handling complaints and pursuing claims in accordance with Directive 2013/11/EU and Legislative Decree No. 130/2015.

Detailed information regarding ADR procedures and a list of competent entities is available on the website of the Italian Ministry of Enterprises and Made in Italy (MIMIT):
https://www.mimit.gov.it/it/mercato-e-consumatori/adr-risoluzione-alternativa-controversie

Using ADR procedures is voluntary and does not exclude the possibility of pursuing claims before a competent court.

§ 13. FORCE MAJEURE

The Company shall not be liable for non-performance or improper performance of the contract caused by force majeure.

Force majeure shall be understood as extraordinary, unforeseeable events beyond the control of the parties, in particular: natural disasters, epidemics, administrative or governmental decisions, closure of the water area by authorities, acts of war, strikes or serious infrastructure failures.

If a force majeure event lasts longer than 30 days, each party has the right to terminate the contract without the obligation to pay compensation.

§ 14. AMENDMENTS TO THE TERMS

The Company reserves the right to amend these Terms.

Amendments shall not affect contracts concluded prior to the entry into force of the amendments.

The current version of the Terms is available on the Company’s website.

§ 15. INTELLECTUAL PROPERTY

All materials made available by the Company, including training materials, graphics, photos, videos, logos and other content, are protected by copyright and industrial property law.

Without prior written consent of the Company, it is prohibited to copy, reproduce, distribute, modify or use such materials for commercial purposes.

§ 16. GOVERNING LAW AND JURISDICTION

These Terms and contracts concluded on their basis shall be governed by Italian law.

In the case of a consumer Client, disputes shall be subject to the jurisdiction of the court competent for the place of residence of the consumer, in accordance with applicable provisions of consumer law.

In the case of a Client who is not a consumer (B2B), any disputes shall be subject to the exclusive jurisdiction of the court competent for the registered office of the Company, i.e. the Tribunal of Marsala.

§ 17. FINAL PROVISIONS

These Terms constitute the entire agreement between the Company and the Client with regard to the services covered herein.

If any provision of these Terms is found to be invalid or ineffective, the remaining provisions shall remain in full force and effect.

In matters not regulated by these Terms, the relevant provisions of Italian law shall apply, in particular the Italian Civil Code (Codice civile) and the Consumer Code (Codice del consumo).

§ 18. SEPARATE APPROVAL OF CLAUSES

Pursuant to Articles 1341 and 1342 of the Italian Civil Code (Codice civile), the Client hereby declares that they have read and expressly approve the following clauses of these Terms:

  • § 4 — deposit (caparra confirmatoria),
  • § 6 — high-risk sport and acceptance of sport risk,
  • § 7 — liability for equipment,
  • § 9 — limitations of liability,
  • § 13 — force majeure,
  • § 16 — jurisdiction.

CLIENT — SIGNATURE

Name and surname:
Identity document number:
Date:
Place:

Signature: ______________________

FOR MINORS — PARENT / LEGAL GUARDIAN

I, the undersigned, as the parent/legal guardian of the minor Participant, consent to their participation in the activities and accept these Terms.

Name and surname:
Date:

Signature: ______________________