Terms and Conditions for Providers

for publishing business and service listings on the website KITE-AND-WINDSURFING-GUIDE.com

1. Scope

1.1 These Terms and Conditions for providers apply in addition to, and in case of disputes have priority over, the "General Terms & Conditions" already agreed upon between the parties. In other cases the "General Terms & Conditions" shall continue to apply.

1.2 These specific conditions govern the extended contractual relationship between the KITE AND WINDSURFING GUIDE and the member registered as a provider (hereinafter "provider").

2. Becoming a provider on the KITE AND WINDSURFING GUIDE website

2.1 The facility to publish a provider listing is exclusively reserved for users who have agreed to the “General Terms & Conditions”, as well as the current provider conditions.

2.2 In order to appear on the website as a provider with one (or more) published business/service listings, the user must log into their user account (type „provider“) with the credentials chosen during registration, then complete the „add listing“ process by filling in all required fields, and finalize this input by pressing the appropriate confirmation button.

2.3 The provider is obliged to provide complete and correct data for the „add listing“ process and keep this up to date.

3. Duration & termination

3.1 A listing in the KITE AND WINDSURFING GUIDE is valid for 12 months from publishing date. The listing can be managed through kite-and-windsurfing-guide.com

3.2 To make it easy for providers to prolong their listing KITE AND WINDSURFING GUIDE offers listings based on subscription. Subscriptions will automatically renew on an annual basis. The subscription can be managed through kite-and-windsurfing-guide.com

3.3 Subscriptions can be cancelled at any time up to the next billing date and no further sums will be debited.

4. Fees

4.1 For publishing a listing the KITE AND WINDSURFING GUIDE charges the provider fees. The level of fees is agreed upon between the seller and the KITE AND WINDSURFING GUIDE and is based on the latest price list available at https://dev.kite-and-windsurfing-guide.com/listing.html#pricing".

4.2 In addition, KITE AND WINDSURFING GUIDE reserves the right to offer optional services for a separate fee. The costs for these are specifically referred to when booking additional services.

4.3 KITE AND WINDSURFING GUIDE can change the general level of charges at any time, however not for periods already paid for. General price changes are communicated to providers prior to their coming into effect.

5. Invoicing

5.1 Listing fees payable by the provider are charged anually in advance. Invoices are sent via e-mail to the provider's given e-mail address.

5.2 The provider must pay the invoice through PayPal or PayPal Plus or by upfront bank transfer:

5.2.1 Paypal: The provider pays the invoice amount through the online service Paypal (PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, hereafter „PayPal“), subject to the PayPal terms and conditions available at: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full The provider must have a PayPal account or needs to sign up first, to authorise the payment.

5.2.2 Credit card or direct debit through PayPal Plus: The payment methods credit card (VISA and Master Card) and direct debit are conducted by the external payment service PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg through the service „PayPal Plus“. The whole payment process is performed by PayPal Plus. Details on the service are available at https://www.paypal.com/webapps/mpp/paypal-plus

5.2.3 Bank transfer: Bank transfer is only possible, if it is executed as a EU credit transfer (using IBAN/BIC codes) without any additional charges, or if all possibly occurring additional charges are paid by the provider (issuer) and if the transfer is issued in EUR. KITE AND WINDSURFING GUIDE is allowed to invoice the provider for all possibly occurring additional charges or exchange differences.

5.2.4 Whatever the method, the invoice is payable in any case in full to the KITE AND WINDSURFING GUIDE before the listing can be published or prolonged.

6. Obligations of the provider

6.1 In addition to the General Terms & Conditions, the provider is obliged to offer through his listing only goods or services that do not contravene applicable law, third party rights, morals, and the KITE AND WINDSURFING GUIDE rules about use of the website.

6.2 Any of the provider’s own terms and conditions may not be in conflict with these or others laid down by KITE AND WINDSURFING GUIDE and accepted by the provider.

7. Sanctions and other measures in case of infringements

7.1 In addition to the General Terms & Conditions, in case of suspicion of abuse KITE AND WINDSURFING GUIDE can take sanctions against the provider’s listing .This includes, among other things suspending, blocking or terminating the listing. KITE AND WINDSURFING GUIDE expressly reserves the right to take additional measures. This is without prejudice to KITE AND WINDSURFING GUIDE’s right to resort to legal remedies relating to misuse.

7.2. KITE AND WINDSURFING GUIDE is authorised, at its discretion, to edit or remove provider’s listings which do not fit KITE AND WINDSURFING GUIDE’s style or guidelines. If the provider has not committed a breach of duty, KITE AND WINDSURFING GUIDE will reimburse the provider upon request for the amounts paid for a deleted listing accordingly to the remaining time of the current year.

8. Changes to the Terms and Conditions

KITE AND WINDSURFING GUIDE reserves the right to alter these Terms & Conditions at any time and to introduce new or additional contractual terms for the use of website. The revised terms will be sent to the provider by e-mail, with reasonable advance notice prior to the effective date. These take effect on the effective date if the provider has not expressly disputed them before this date. As part of notifying the revised terms, KITE AND WINDSURFING GUIDE will separately specifically inform the provider of their option to dispute them and the consequences of inaction. In the event that the seller disputes them, KITE AND WINDSURFING GUIDE may deactivate the listing or terminate the user relationship with the provider.

9. Final provisions; applicable law; place of jurisdiction

9.1. The effective contract language is English. Correspondence between KITE AND WINDSURFING GUIDE and providers will be conducted in English. Any translations of these Terms & Conditions made available on the website shall not be binding; the German version alone is definitive.

9.2. German law applies in respect of all legal disputes arising in connection these Terms & Conditions, under exclusion of the UN Sales Convention – Contracts for the International Sale of Goods (CISG). Mandatory provisions of laws of the place where the provider has their habitual residence remain unaffected.

9.3. The exclusive place of jurisdiction for sellers, legal persons of public law or public special assets is Düsseldorf. This also applies if the member has no general jurisdiction in Germany, the member moves their domicile or habitual residence from Germany or the domicile or habitual residence is not known.

End of Provider's Terms and Conditions
As of May 2017