General Terms and Conditions (T&Cs) For Hawa Safaga | Kite & Surf (hereinafter Hawa Safaga)
Scope Of Application
The T&Cs apply to the pre-booked and/or on-site booked services, and services consumed in the fields of sport of kite (kite teaching/course, kite surfing, kite foiling, rental and equipment storage), wing (wing teaching/course, wing surfing, wing foiling, rental and equipment storage), SUP and kayak at Hawa Safaga.
Booking, Pricing And Payment Of Services
By confirming an offer, signing a registration form and/or paying for a booked/offered service, a contract is concluded between the customer and Hawa Safaga.
The booking and the price communicated with the booking are of fixed nature. Half of the amount (50%) of the communicated fixed price must be paid as a down-payment within the communicated time period. The remaining 50% of the amount is to be paid in cash on arrival at Hawa Safaga.
Walk-in bookings also pay half (50%) of the service booked as a down-payment at the time of booking/signing the registration form. Final payments are also to be made on site.
A commission fee of 4% will be charged for credit-card payments. Any fees for bank transfers are with the customer's responsibility.
In case of cash payments please note that paper-money bills must not be torn, folded or damaged, as these paper-money bills are not accepted for transactions by local banks.
The services with valuable consideration consumed on site at Hawa Safaga are to be paid in full at latest upon check-out at the Hawa Safaga reception/before the general departure.
The prices are in Euro (EUR/€) currency. The prices at the time of booking are to be applied.
Cancellation Policy
The booked services may only be cancelled by email directly with Hawa Safaga. The following cancellation conditions/fees apply:
- up to 3 weeks before the planned date of arrival: free of charge/no fee,
- between 11 and 21 days before the planned date of arrival: the fee is set at 20% of the booked services,
- between 5 days and 10 days before the planned date of arrival: the fee is set at 50% of the bookedservice,
- less than 5 days before the planned date of arrival: the fee is set at 100% of the booked service.
Registration And Withdrawal From The Contract
Hawa Safaga must receive a fully completed and signed registration form from the customer as a paper document (including a passport copy) by the start of the course/teaching and/or by the start of services.
When consuming services outside of course/teaching time a valid certificate of competence (basic license) for kite and/or wing from an association recognized by Egyptian authorities must be presented by the renting party/customer.
Customers must not be physically or mentally impaired. Customers must be independent swimmers and must be able to swim in open water for at least 15 minutes without any swimming aids/support.
Customers who behave in a dangerous manner and/or disrupt teachings/course and/or the procedures on site at the center Hawa Safaga and/or on the water, and/or repeatedly fail to follow the instructions of the staff may be excluded from further participation/consumption of the services on site at the center Hawa Safaga and/or on the water. The payments made will not be refunded. There are no further options for claims.
If a service cannot be provided due to political, technical or ecological reasons, or due to force majeure, or cannot be provided within the intended scope, this does not justify any claim for reimbursement.
Disclaimer Of Liability
Any liability on the part of Hawa Safaga as lessor regarding the qualifications of the renting party/customer is excluded. This disclaimer of liability states that Hawa Safaga is not liable for damage to property or personal injury of any kind. No liability is assumed for the loss or theft of items. This applies equally to the items stored in the lockers for kite material and/or wing material as well as for personal items in the small lockers.
The official CDWS (Chamber of Diving And Water Sports founded by the Ministry of Tourism) liability release form is part of these T&Cs (see appendix).
Courses And Course Implementation, Service Provision
Kite and/or wing teaching/courses usually start in the morning of the first day of the booking.
Teachings consist of teaching practical skills on the water as well as theory teachings on shore/at the center Hawa Safaga.
If the practical teaching cannot take place due to wind and weather conditions and/or closures of maritime activities by official authorities and/or too little wind, the teaching will be postponed to a later date and/or replaced by adequate theory and on-shore training as an alternative offer.
Hawa Safaga may issue a voucher for services that are not consumed due to early termination (e.g. illness, injury) or other urgent and compelling reasons if 50% of the services have not already been consumed. If the services are or can be claimed by the customer via an insurance policy Hawa Safaga will not issue a voucher. Hawa Safaga will not issue a voucher in the event of early termination without a compelling reason (non-liking, scheduling difficulties with other activities or personal reasons).
If a service cannot be provided due to political, technical or ecological reasons, or due to force majeure, or cannot be provided within the intended scope, these circumstances do not justify any claim for reimbursement. No further claims can be made.
The main and primary language of teaching is English. If lessons are to be conducted in another language, a request must be made in advance in writing by email. Hawa Safaga will try to accommodate this request but does not guarantee that the service will be provided in the language requested by the customer.
Hire/Rental
When consuming services outside of course/teaching a valid certificate of competence (basic license) for kite and/or wing from an association recognized by Egyptian authorities must be presented by the renting party/customer.
In case of lack of control of the rented equipment, violation of the COLREGs or endangering others, Hawa Safaga can declare immediate withdrawal from the contract and retain the already-paid rental fee.
A renting party/customer behaving in a dangerous manner and/or disrupting teaching/course and/or the procedures on site at the center Hawa Safaga and/or on the water, as well as repeatedly failing to follow the instructions of the staff, may be excluded from further participation/use of the services on site at the center Hawa Safaga and/or on the water. In this case Hawa Safaga reserves the right to withhold any payments already made for the services.
The guest is personally liable for any damage to rented items, the associated loss of value, and loss of rented equipment, and repairs to damaged equipment. The insurance being held by the renting party/customer must cover any of these cases stated above, therefore Hawa Safaga recommends insurance for rented items/rental equipment being held by the renting party/customer. Hawa Safaga offers insurance cover via an in-house insurance to be booked separately. Hawa Safaga accepts the VDWS Safety Tool as insurance cover.
Link SafetyTool
http://safetytool.de/VS23596/IS
Link SafetyTool PLUS
http://safetytool.de/VS23596/IP
Every renting party/customer is obliged to report any damage immediately upon return/the damage occurring. The safety and operational state of the equipment is ensured by regular inspection. The renting party/customer is nevertheless obliged to check the equipment before starting the use and to report any defects immediately. All damage caused by improper handling or negligence will be charged in full amount by Hawa Safaga to the renting party/customer and must be paid the lates upon check-out at the Hawa Safaga reception/before general departure.
The rented equipment/rental item may not be passed on to third parties.
After use the rented equipment/rental item must be properly cleaned and stored/handed over to the staff at the equipment storage.
Check-In/Check-Out
Customers must check in and out at the Hawa Safaga reception during the currently valid/communicated service hours.
Severability Clause
The invalidity of individual provisions shall not result in the invalidity of the entire contract. The contracting parties, if possible, undertake the replacement of any invalid provision by a clause corresponding to the presumed intention.
Appendix
CDWS Disclaimer Of Liability
Liability Release Form
By signing this declaration, I acknowledge that I carry out watersport activities on my own responsibility without any responsibility on the station of Hawa Safaga Kite & Surf Station.
I also acknowledge the following:
- I am aware of the danger resulting from the practice of watersport activities in terms of personal injuries or injuries to others, whether external or internal, or the loss of life.
- I declare that I am familiar with all the instructions related to the activity/activities as well as the safety and security instructions and the emergency plan in place.
- I acknowledge that I do not have any physical or health contraindications that lead to complications when exerting or engaging in physical activities.
- I admit that I can swim and do not fear falling into the water under any circumstances.
- I declare that I am aware of the danger of watersport activities and that I should not engage in watersport activities in the event that I am pregnant and there is no responsibility on the station for this.
- I acknowledge that all the rental equipment is in good condition and that I am responsible for returning it in the same condition it was in.
- I declare that I will not / did not engage in watersport activities while I am under the influence of alcohol or any drug.
- I declare my knowledge of the limits of the swimming area and the area of activity, and my commitment to those limits to avoid injury to myself or others.
- I acknowledge that the official at the Hawa Safaga Kite & Surf Station explained to me fully and answered all my questions before practicing the activity.
- I declare that I am 18 years old (or) that I am a guardian responsible for the child(s) who are under my guardianship and I release the responsibility of the station towards them regarding the terms of this declaration.
- I declare that I have read the above carefully and that I have signed this declaration of my own free will.
إقرار اخلاء المسئولیة
مسئولیتى على البحریة الأنشطة بممارسة أقوم بأنى أقر الاقرار ھذا على بالتوقیع سیرف آند كایت سفاجا مركزھوا على مسئولیة أدنى دون :بالآتى أقر أننى كما أو شخصیة إصابات من البحریة الأنشطة ممارسة عن الناتجة بالخطورة علمي- .الحیاة فقدان أو داخلیة أو خارجیة سواء الغیر إصابات وكذلك الأنشطة/ النشاط بممارسة الخاصة التعلیمات بجمیع درایة على بأنى أقر- .المتبعة الطوارئ وخطة والسلامة الأمن تعلیمات او المجھود عند لمضاعفات تؤدى صحیة أو بدنیة موانع أى لدى توجد لا بأنة أقر- .بدنیة أنشطة ممارسة .ظرف أى تحت الماء فى السقوط أرھب ولا السباحة أستطیع بأنى أقر- الأنشطة ممارسة عدم علي وأن البحریة الأنشطة بخطورة درایة على بأنى أقر- آند كایت سفاجا مركزھوا على مسئولیة أدنى یوجد ولا حمل وجود حالة فى البحریة .ذلك حیال سیرف بنفس اعادتھا عن مسئول وأنى جیدة بحالة المؤجرة المعدات جمیع بأن بعلمى أقر- .علیھا كانت التى الحالة .مخدر أى أو الكحول تأثیر تحت وأنا البحریة الأنشطة أمارس ولم لن بأنى أقر- الحدود بتلك والتزامى النشاط ممارسة ومنطقة السباحة منطقة بحدود بعلمى أقر- .الغیر أصابة أو أصابتى لتجنب وأجاب وافیا شرحا لى شرح قد سیرف آند كایت سفاجا بمركزھوا المسئول بأن أقر- .النشاط ممارسة قبل أسئلتى جمیع على الأطفال/الطفل عن مسئول أمر كولى أنى )أو( سنة 18 العمر من أبلغ بأنى أقر- .الإقرار ھذا بنود یخص فیما تجاھھم المركز مسئولیة وأخلى ولایتى تحت ھم الذین بكامل الإقرار ھذا على بالتوقیع قمت قد وأنى جیدا سبق ما قرأت قد بأنى أقر- .أرادتى