Terms and Conditions

1. Course participants and tenants
Every person who is not impaired in health or condition to practise kitesurfing, wingfoil or SUP without danger to themselves or others is entitled to participate and rent. A prerequisite for participation in all kitesurfing, wingfoil and SUP courses is the ability to swim for at least 15 minutes in open water without any aids. The consent of a legal guardian is required for minors.

2. Registration / Withdrawal from the contract

a) The registration for a kitesurfing and/or wingfoil course / rental must be made in writing (online booking via website included). In the case of minors, the written consent of the legal representative must be provided in order for the legal declaration to be valid.
The reservation is only binding after receipt of payment.
For courses, workshops or other individual services, the total amount must be paid in advance.

b) Withdrawal from the contract must be in writing.

+ up to 30. day before arrival 20 % will be retained
+ from 29th to 15th day before arrival 50 % will be retained
+ from 14th to 3rd day before arrival 75 % will be retained
+ from 2nd day before arrival 95 % will be withheld
The deposit will be deducted.

In special cases, other cancellations fees may apply. This will be informed accordingly before booking.

c) We reserve the right to withdraw from the contract without notice if the minimum number of participants required in the respective course description is not reached. The same applies in the event of force majeure (high winds, lightning) or destruction of the kitesurfing, surfing or SUP equipment due to collisions or vandalism.
There shall be no further claims.

d) Participants who permanently disrupt a course, behave in breach of contract or deliberately endanger themselves and others may be excluded from further participation.

3. Obligation to cooperate
In the event of any disruptions to performance, the participant is obliged to do everything reasonable to help remedy the disruption and to keep any damage as low as possible.

4. Safety/ Conditions of Execution
The instructions of the instructor/rental company must be followed. Neoprene shoes are to be worn during the course. Goggles must be secured against loss.

5. Duty of care

a) The safety and operational readiness of the kitesurfing, wingfoil and SUP equipment is ensured by regular inspections. Nevertheless, the participant/renter is obliged to check the kitesurfing, wingfoil and SUP material before setting off. In the interest of all parties involved, each participant/renter is obliged to report any damage immediately.
b) If the operational readiness of the kitesurfing, wingfoil, SUP material is no longer guaranteed due to non-observance of the instructor’s instructions or due to negligent or even intentional behaviour on the part of the participant/renter, the participant/renter has no claim to compensation for the loss of time caused by the recording of the facts and the rectification of faults.

6 Liability

a) We are liable for the conscientious preparation of the course and event, the careful selection and supervision of the service providers, the correctness of the course description and the proper provision of the contractually agreed service as well as for the conscientious performance of the inspections to ensure the operational readiness of the kitesurfing, wingfoil and SUP equipment.

b) Liability for damage to property and personal injury is excluded.

c) The participant/renter is obliged to report any damage caused by him/herself or by third parties. The participant/renter undertakes to treat the kitesurfing, wingfoil and SUP material as his/her property and to handle it in accordance with the rules of good seamanship.

d) The participant/renter is personally liable for self-inflicted damage (including breakdown and consequential damage) to the kitesurfing, wingfoil, SUP material and equipment.

e) No liability is accepted for the loss of valuables, glasses, money and other items.

7. Additional rental conditions

a) As the lessor, we are entitled to refuse to hand over the kitesurfing, wingfoil and SUP equipment if the hirer does not have the necessary qualifications (VDWS or IKO licence).

b) If, after handing over the kitesurfing, wingfoil or SUP equipment despite having a licence, a lack of qualification (lack of control of the sports equipment, violation of the avoidance and riding rules, endangering others) of the Hirer becomes apparent with regard to the safe handling of the kitesurfing, wingfoil or SUP equipment or if the Hirer acts contrary to the instructions given, the Rental Firm may declare the immediate withdrawal from the contract and retain the rental fee.

c) The hirer is obliged to return the equipment on time. Meteorological events are to be taken into account and do not constitute a reason for late return.

d) The lessee is liable for all damages and expenses caused by a late return. In all other respects, the Hirer shall be liable to the Owner for all obligations arising from the Rental Contract as joint and several debtor. The lessee shall also be liable for any fault on the part of his co-users.

8. Marketing

a) Social Media: The customer agrees to use photo and video content for marketing and social media purposes, both print and online.

b) Email Newsletters: The customer agrees to receive regular information in the form of newsletters about news and services of the Primesurf network.

9. Place of jurisdiction
Place of jurisdiction is the city of the company of Primesurf Network where the booking has been made.

10. Severability clause

The invalidity of individual provisions does not result in the invalidity of the entire contract. The contracting parties undertake to replace any invalid provision with a clause corresponding to the presumed intention, if possible.

The following General Terms and Conditions of Travel (GTCT) shall, insofar as they have been effectively agreed, form part of the package travel contract concluded between the customer (= traveller) and the tour operator Primesurf GmbH (hereinafter referred to as Primesurf). The ARB supplement the statutory provisions of Sections 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 complete these. When booking a package tour, the contractual partner of the tour operator is the traveller – it is irrelevant whether the traveller makes use of the package tour themselves or concludes the contract for another traveller.
These ARB expressly do not apply if the traveller 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, hire car) from Primesurf. This also applies if the traveller is provided with a security certificate for the individual travel service to secure the travel price paid or if Primesurf expressly acts as a travel agent for an individual travel service or a linked travel service in accordance with Section 651w BGB and informs the traveller of this separately and unambiguously before booking.
Furthermore, these ARB do not apply to contracts for travel if the traveller is an entrepreneur with whom Primesurf has concluded a framework agreement for the organisation of business trips in accordance with § 651a para. 5 lit. 3 BGB for the entrepreneurial purposes of the traveller.

1 Conclusion of the package travel contract
1.1 The basis of this offer is Primesurf’s travel advertisement in the catalogue or brochure valid at the time of travel, on its website, in an individual offer or other medium from Primesurf, together with supplementary information from Primesurf for the respective trip, insofar as this is available to the traveller at the time of booking.
By registering for the trip (booking), the traveller makes a binding offer to Primesurf to conclude the package travel contract for the persons specified. The traveller shall be responsible for all contractual obligations of fellow travellers for whom he makes the booking, as for his own, insofar as he has assumed this obligation by express and separate declaration.

1.2 The contract is concluded upon receipt of the travel confirmation (declaration of acceptance) from Primesurf. Primesurf shall send the traveller a travel confirmation on a durable medium upon or immediately after conclusion of the contract. If the contract is concluded when the traveller is physically present, the traveller is entitled to a travel confirmation in paper form; the same applies to the conclusion of a contract outside of business premises.

1.3 If the content of the travel confirmation differs from the travel registration, this travel confirmation is deemed to be a new offer to which Primesurf is bound for a period of ten days. The contract shall be concluded on the basis of this new offer, provided that Primesurf has drawn attention to the change and has fulfilled its pre-contractual information obligations in this respect and the traveller expressly or conclusively declares acceptance to Primesurf within the binding period by (down) payment of the travel price.
1.4 Primesurf points out that bookings of package holidays by distance selling (e.g. by telephone, e-mail) cannot be cancelled in accordance with §§ 312 Para. 7, 312g Para. 2 Sentence 1 No. 9 BGB. However, a right of cancellation exists if the contract for the package tour between Primesurf and the traveller, who is a consumer, has been concluded outside of business premises, unless the verbal negotiations on which the conclusion of the contract is based have been conducted at the prior request of the consumer.

2 Payment
2.1 After conclusion of the contract, a down payment of 20% of the travel price
travel price is due, provided that the security certificate has been sent to the traveller in text form in accordance with § 651r para. 4 sentence 1 BGB, Art. 252 EBGBG. If the flights or overnight services included in the respective offer are due for payment immediately by Primesurf’s service providers or if a flight ticket must be issued immediately after the booking has been confirmed, Primesurf reserves the right to charge a higher deposit. The traveller will be informed of this by Primesurf 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 four weeks before the start of the trip, provided that the trip can no longer be cancelled for the reasons stated in Section 7.1 and the security certificate has been sent in text form. If a trip can still be cancelled for the reasons stated in section 7.1, the remaining amount for this trip is only due at the time when the trip can no longer be cancelled by Primesurf.
2.3 In the case of bookings made at short notice, i.e. bookings made so shortly before the start of the trip that the entire travel price is already due or Primesurf can no longer cancel the trip due to the number of participants not being reached, the entire travel 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 traveller does not make the deposit or final payment by the respective due date despite having received the security certificate, Primesurf is entitled to withdraw from the contract after issuing a reminder with a deadline and to charge the traveller the cancellation costs regulated in section 4.1 ff. This shall only not apply if the traveller has a statutory or contractual right of retention or if Primesurf is not willing and able to provide the contractual services properly or has not fulfilled its statutory information obligations.

3. service, change of service & price change after conclusion of contract
3.1 Performance
a) Primesurf’s obligation to perform arises exclusively from the content of the booking confirmation in conjunction with the catalogue or brochure valid at the time of travel, Primesurf’s website, an individual offer or any other medium from Primesurf in accordance with all the information, notes and explanations contained therein as well as the pre-contractual information relevant to the booked package tour in accordance with Art. 250 § 3 EGBGB.
b) Employees of service providers (e.g. airlines, hotels) and travel agents are not authorised by Primesurf to give assurances or information or to make agreements that go beyond the travel advertisement, the booking confirmation or the pre-contractual information according to Art. 250 § 3 EGBGB of Primesurf, contradict it or change the confirmed content of the package travel contract.

3.2 Changes to services

a) Changes to or deviations from individual travel services from the agreed content of the package travel contract which become necessary after conclusion of the contract and which were not brought about by Primesurf in bad faith are only permitted insofar as the changes or deviations are not significant and do not affect the overall nature of the package holiday booked. Furthermore, these changes must be declared before the start of the holiday. Primesurf must inform the traveller of the change in a clear, comprehensible and prominent manner on a durable medium.

b) In the event of a significant change to an essential characteristic of a travel service in accordance with Art. 250 § 3 No. 1 EGBGB or a deviation from a special requirement of the traveller, which became part of the package travel contract, the traveller is entitled, within a reasonable period of time set by Primesurf

– to accept the notified change to the travel service or deviation from the special requirement, or
– to withdraw from the contract without cancellation costs, or
– to declare participation in a substitute package holiday offered by Primesurf, if applicable.

If the traveller does not respond to Primesurf or does not respond within the reasonable period set, the change or deviation shall be deemed to have been accepted. Primesurf shall inform the traveller of this, as well as of the significant change or deviation from a special requirement, immediately after becoming aware of the reason for the change, together with the notification of their rights and the setting of a deadline for the explanation, in a clear, comprehensible and prominent manner on a durable medium.

c) Any warranty claims shall remain unaffected if the modified services are defective. If the replacement package tour or modified package tour is not of at least the same quality as the package tour originally owed, the travel price shall be reduced in accordance with Section 651m (1) BGB; if Primesurf incurs lower costs for the same quality, the traveller shall be reimbursed the difference in accordance with Section 651m (2) BGB.

3.3 Price changes

a) Primesurf reserves the right to make changes to the advertised price confirmed with the booking if there are changes to exchange rates, fuel costs, charges such as harbour and airport fees, entry fees or air security costs, as well as tax increases on booked services, tourist taxes or state national park fees.
(aa) If the transport costs existing at the time of conclusion of the travel contract, in particular the fuel costs, increase, Primesurf may increase the travel price in accordance with the following calculation:

– in the case of an increase related to the seat, Primesurf may demand the amount of the increase from the traveller.
– In other cases, the additional transport costs demanded by the transport company per means of transport shall be divided by the number of seats on the agreed means of transport. Primesurf can demand the resulting increase for the individual seat from the traveller.

(bb) If the duties or taxes (in particular tourist taxes, harbour or airport fees, state national park fees) existing at the time of conclusion of the travel contract are increased vis-à-vis Primesurf, the travel price can be increased by the corresponding, proportionate amount.

(cc) If the travel price is increased due to a change in the exchange rate, Primesurf must disclose to the traveller which exchange rate it originally used as a basis for the travel offer and at what time, whereby the key date for the exchange rate change is after the date of conclusion of the contract.

b) An increase in the travel price is only permissible if the circumstances leading to the increase have not yet occurred prior to the conclusion of the contract. A price change by Primesurf is only permissible if Primesurf informs the traveller clearly and comprehensibly on a durable medium about the price increase and its reasons, as well as the calculation of the price increase and this is done at least 21 days before the start of the trip; a price increase is only possible for Primesurf up to 8 percent.

c) The traveller is entitled to demand a price reduction of up to 8 percent from Primesurf for the same reasons that would entitle Primesurf to a price increase and the changes lead to lower costs for Primesurf. If the traveller has paid more than the amount owed hereunder, the additional amount is to be reimbursed by Primesurf. Primesurf may deduct the administrative expenses actually incurred by Primesurf from the additional amount to be refunded. At the request of the traveller, Primesurf must prove to the traveller the amount of administrative expenses incurred.

d) If the price increase exceeds 8 per cent of the travel price, Primesurf may not implement this unilaterally. In this case, the traveller is entitled, within a reasonable period of time set by Primesurf

– either accept the notified price increase, or cancel the contract
– to withdraw from the contract without cancellation costs, or
– to declare participation in a substitute package holiday offered by Primesurf, if applicable.

If the traveller does not respond to Primesurf or does not respond within the reasonable period set, the price increase shall be deemed to have been accepted. The traveller shall be informed of this by Primesurf immediately after becoming aware of the reason for the price increase, together with notification of their rights and a deadline for the declaration, in a clear, comprehensible and prominent manner on a durable medium. The offer to increase the price must be made to the traveller no later than 21 days before the start of the trip; Primesurf is not entitled to request a price increase at a later date.

e) If the replacement package tour carried out is not of at least equivalent quality to the package tour originally owed, the travel price shall be reduced in accordance with § 651m Para. 1 BGB; if Primesurf incurs lower costs with equivalent quality, the traveller shall be reimbursed the difference in accordance with § 651m Para. 2 BGB.

3.4 In the event of a significant change to an essential characteristic of a travel service in accordance with Art. 250 § 3 No. 1 EGBGB or a deviation from a special requirement of the traveller, which became part of the package travel contract, the traveller is entitled to accept the notified change to the travel service or deviation from the special requirement within a reasonable period set by Primesurf, to withdraw from the contract without cancellation costs, or to declare participation in a substitute package tour offered by Primesurf, if applicable.
If the traveller does not respond to Primesurf or does not respond within the set, reasonable period, the change or deviation is deemed to have been accepted. Primesurf shall inform the traveller of this, as well as of the significant change or deviation from a special requirement, immediately after becoming aware of the reason for the change, together with the notification of their rights and the setting of a deadline for an explanation, in a clear, comprehensible and prominent manner on a durable medium.

3.5 Any warranty claims shall remain unaffected if the modified services are defective. If the replacement package tour or modified package tour is not of at least the same quality as the package tour originally owed, the travel price shall be reduced in accordance with Section 651m (1) BGB; if Reisen & Spei- sen incurs lower costs with equivalent quality, the traveller shall be reimbursed the difference in accordance with Section 651m (2) BGB.

4 Cancellation by the traveller before the start of the trip, contract transfer (replacement person)

4.1 The traveller may withdraw from the package travel contract at any time before the start of the trip. Cancellation must be declared to Primesurf using the contact details provided at the end of the GTC. If the trip was booked through a travel agent, the cancellation can also be declared to the travel agent. The traveller is advised to declare the cancellation on a durable medium.

4.2 If the traveller withdraws before the start of the trip or does not start the trip, Primesurf shall lose its claim to the travel price. Instead, Primesurf may demand reasonable compensation from the traveller. This does not apply if Primesurf is responsible for the cancellation or if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity which significantly impair the performance of the package tour or the transport of persons to the destination; circumstances are unavoidable and extraordinary if they are beyond the control of the contracting party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.

4.3 Primesurf has defined this claim for compensation 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 traveller up to the contractually agreed start of the trip, the expected savings in expenses and the expected acquisition through alternative use of the travel services. The compensation is calculated according to the time of receipt of the declaration of cancellation by Primesurf or the travel agent as follows:

a) General cancellation fee:

up to 30. day before arrival 20 % will be retained
from 29th to 15th day before arrival 50 % will be retained
from 14th to 3rd day before arrival 75 % will be retained
from 2nd day before arrival 95 % will be withheld

b) Special cancellation fee: Special offers/specials, individually prepared package tours and group tours may be subject to special cancellation conditions, which are expressly referred to in the respective service description or travel advertisement/offer and the travel confirmation in accordance with Art. 250 §§ 3, 6 EBGBG.

4.4 In any case, the traveller is at liberty to prove to Primesurf that Primesurf can only demand significantly lower appropriate compensation as a result of the cancellation.
4.5 Primesurf reserves the right to demand higher, specifically calculated compensation instead of the above cancellation flat rates, insofar as Primesurf can prove the occurrence of significantly higher expenses than the applicable cancellation flat rate. In this case, Primesurf is obliged to specifically quantify the compensation claimed, taking into account the expenses saved and less what it acquires through other use of the travel services, and to justify this at the request of the traveller.

4.6 The conclusion of travel cancellation insurance is expressly recommended by Primesurf. This is not part of the package travel contract and cannot generally 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 Primesurf is obliged to reimburse the travel price as a result of a cancellation, the reimbursement must be made immediately, and in any case within 14 days of the cancellation.

4.8 The legal right of the traveller to declare a contract transfer to another traveller on a durable medium in accordance with § 651e BGB (provision of a substitute participant) remains unaffected by the above provisions, provided that Primesurf receives this notification no later than seven days before the start of the trip. Primesurf shall charge a service fee of €30 for the expenses incurred as a result of the contract transfer.

5. rebookings by the traveller before the start of the trip

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

5.2 If Primesurf makes a rebooking at the request of the traveller in accordance with section 5.1 sentence 1, the traveller will be charged for the expenses incurred by Primesurf as a result of the rebooking up to the day of the 2nd cancellation stage, including in particular rebooking or cancellation costs (for non-refundable fares) for booked flights or accommodation and other destination services. The traveller will be clearly and unambiguously informed of these incurred and verifiable expenses prior to a rebooking, as well as any changed travel price due to the rebooking as a result of daily updated prices for the new bookings necessary with Primesurf’s service providers or deviating seasonal times. For each rebooking made, a rebooking fee of €50 will be charged for the work and time required by Primesurf for each process. The traveller is at liberty to prove to Primesurf that Primesurf is only entitled to demand a significantly lower appropriate compensation for the work involved in the rebooking.

5.3 Later rebooking requests by the traveller than those regulated in 5.2 can, insofar as their implementation is possible at all, only be carried out after cancellation of the travel contract in accordance with Clause 4.3 under the conditions applicable there and simultaneous new registration. This does not apply to rebooking requests that only incur minor costs.

6. services not utilised

If the traveller does not make use of individual travel services that Primesurf has duly offered for reasons for which the traveller is responsible, they are not entitled to a pro rata refund of the travel price. The same applies if a service cannot be used because the traveller does not meet certain requirements (e.g. health requirements), although Primesurf has fulfilled its pre-contractual information obligations in this regard. Primesurf shall endeavour to obtain reimbursement of the expenses saved from the service providers. This obligation does not apply in the case of completely insignificant services or if statutory or official regulations prevent reimbursement. Primesurf recommends taking out travel cancellation insurance.

7 Cancellation due to failure to reach the minimum number of participants and cancellation by Primesurf

7.1 Primesurf may only withdraw from the package travel contract due to a minimum number of participants not being reached if Primesurf 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 traveller at the latest before the contractually agreed start of the trip, and specifies the minimum number of participants and the latest cancellation period in the travel confirmation. Cancellation must be declared to the traveller at the latest on the day specified in the pre-contractual information and the travel confirmation. If it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached, Primesurf must immediately exercise its right of cancellation.
If the trip is not carried out for this reason, Primesurf must refund any payments made by the traveller without delay, and in any case within 14 days of the declared cancellation.

7.2 Primesurf may terminate the package travel contract without notice if the traveller persistently disrupts the performance of the trip despite a warning from Primesurf or behaves in breach of contract to such an extent that the immediate cancellation of the contract is justified; this does not apply if the breach of contract is due to a breach of pre-contractual information obligations. Insofar as special requirements must be met by the traveller for a package tour as stated in the travel information or travel description (e.g. health requirements), a breach of these requirements constitutes a breach of contract. If Primesurf cancels, Primesurf shall retain the claim to the travel price, but must allow the value of the saved expenses and the benefits that Primesurf obtains from any other use of the unused services, including the amounts credited to it by its service providers, to be offset.

8 Obligations of the traveller to cooperate

8.1 Travel documents
The traveller must inform Primesurf or their travel agent, with whom they have booked the package tour, if they do not receive the required travel documents (e.g. e-ticket receipts, hotel vouchers) within the period communicated by Primesurf.

8.2 Notification of defects
Primesurf is obliged to provide the package holiday to the traveller free of travel defects. If this is not the case, the traveller is obliged to notify Primesurf immediately of any travel defects. For this purpose, the traveller must immediately notify Primesurf’s representative on site of the defect. If a representative of Primesurf is not available on site and is not contractually owed, the traveller must notify Primesurf directly of the defects that have occurred. The contact details of a local representative of Primesurf and their availability, as well as the contact details of Primesurf for reporting travel defects, can be found in the travel confirmation. The traveller also has the option of submitting their complaint to the travel agent with whom they booked the package holiday.
The representative of Primesurf is authorised to take remedial action if this is possible. However, it is not authorised to recognise claims.
Insofar as Primesurf was unable to remedy the situation as a result of a culpable omission of the notification of defects, the traveller may neither assert claims for a reduction in price in accordance with Section 651m BGB nor claims for damages in accordance with Section 651n BGB.

8.3 Setting a deadline before cancellation
If a traveller 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 traveller must first set Primesurf a reasonable deadline for remedial action. This shall only not apply if Primesurf refuses to provide a remedy or if an immediate remedy is necessary.

8.4 Baggage delay and damage:
a) In accordance with air traffic regulations, the traveller must report damage to their baggage or a loss or delay in baggage immediately on site to the responsible airline by means of a damage report (P.I.R.) and obtain a confirmation in text form for reasons of proof. Both airlines and Primesurf generally refuse refunds in this respect on the basis of international agreements if the damage report has not been completed. The damage report must be submitted within 7 days of delivery in the case of damaged baggage and within 21 days of delivery in the case of delayed baggage.
b) In addition, the damage, loss or luggage delay must be reported to Primesurf immediately in accordance with the explanations in section 8.2. Notifying Primesurf does not release the traveller from the obligation to report the damage to the responsible airline in due time in accordance with a).

9 Limitation of liability
9.1 Primesurf’s contractual liability for damages that do not result from injury to life, limb or health is limited to three times the travel price, insofar as these were not culpably caused. If international agreements or statutory regulations based on such agreements apply to a travel service, according to which a claim for damages against the service provider only arises or can be asserted under certain conditions or restrictions or is excluded under certain conditions, Primesurf can also invoke this against the traveller. Insofar as further claims arise from international agreements or statutory provisions based on these, these remain unaffected by the limitation of liability.

9.2 Primesurf shall not be liable for service disruptions, personal injury and damage to property in connection with services that are merely arranged as third-party services, such as excursions, sporting events, musical performances, exhibitions, if these services are expressly and clearly labelled as third-party services in the travel description and booking confirmation, stating the identity and address of the arranged contractual partner, so that it is recognisable to the traveller that these are not part of Primesurf’s package tour. However, Primesurf shall be liable for these services if and insofar as the breach of information, clarification or organisational obligations on the part of Primesurf was the cause of damage to the traveller.

9.3 Primesurf is not liable for services which are used by the traveller as part of the package tour and which are not arranged or organised by Primesurf or its local representative, but for example by the hotel or other persons or companies on their own responsibility.

10. assertion of claims, limitation period, consumer dispute resolution

10.1 Claims in accordance with §§ 651i Para. 3 No. 2, 4-7 BGB must be asserted by the traveller against Primesurf. Claims can also be asserted by the traveller via the travel agent with whom they booked the package holiday. It is recommended to assert the claims on a durable medium.

10.2 The traveller’s claims under the travel contract are subject to a limitation period of two years; the limitation period begins on the day on which the package tour should end according to the contract.

10.3 The assignment of claims against Primesurf to third parties who are not travellers is excluded. When concluding contracts in electronic legal transactions, reference is made to the European platform for online dispute resolution in accordance with Art. 14 Para. 1 ODR-VO at https://ec. europa.eu/consumers/odr/.

10.4 In accordance with § 36 VSBG (Consumer Dispute Resolution Act), Primesurf points out that Primesurf does not participate in dispute resolution proceedings before a consumer arbitration board and is not legally obliged to do so. Should a legal obligation to participate in such a dispute resolution procedure arise after going to press or should Primesurf participate voluntarily, Primesurf will inform travellers of this on a durable medium.

11 Passport, visa and health regulations

11.1 Primesurf shall inform travellers about general passport and visa requirements of the country of destination, including the approximate deadlines for obtaining any necessary visas, as well as health formalities prior to conclusion of the contract and any changes to these prior to departure. Travellers with non-EU nationality, travellers with “stateless” status or travellers with dual citizenship shall be informed of this prior to conclusion of the contract.

11.2 The traveller 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 arising from non-compliance with these regulations, e.g. the payment of cancellation costs, shall be borne by the traveller. This does not apply if Primesurf has provided no, insufficient or incorrect information.

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

12. information on the identity of operating air carriers

The EU regulation on informing air passengers of the identity of the operating air carrier obliges Primesurf to inform the traveller of the identity of the operating air carriers of all air transport services to be provided as part of the booked trip at the time of booking. If the operating airline has not yet been determined at the time of booking, Primesurf is obliged to inform the traveller of the airline or airlines that will probably operate the flight or flights. As soon as Primesurf knows which airline will operate the flight, Primesurf must inform the traveller. If the airline named to the traveller as the operating airline changes, Primesurf must inform the traveller of the change. Primesurf must immediately take all reasonable steps to ensure that the traveller is informed 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 Applicable law, place of jurisdiction

13.1 The contractual relationship between the traveller and Primesurf is governed by German law.
13.2 The traveller may only sue Primesurf at its registered office. For legal action by Primesurf against the traveller, the place of residence of the traveller is decisive. For legal action against travellers who are merchants, legal entities under public or private law or persons, the place of jurisdiction shall be the registered office of Primesurf, insofar as these GTC are applicable to the traveller’s company due to the absence of a framework agreement for the handling of business trips. The same applies to travellers 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 brought.

13.3 The above provisions shall not apply if and to the extent that contractually non-modifiable provisions of international agreements applicable to the package travel contract between the traveller and Primesurf result in something else in favour of the traveller, or if and to the extent that non-modifiable provisions applicable to the package travel contract in the EU Member State to which the traveller belongs are more favourable to the traveller than the above provisions or the corresponding German provisions.

Status: 01.03.2024

Tour operator:
Primesurf GmbH
Kanonenberg 20
21423 Winsen/Luhe
Germany

Register court: Local court Lüneburg
Commercial register number HRB 210927
VAT ID No.: DE358805652
Telephone: +49 (0) 1732969105
E-mail: [email protected]
Web: www.primesurf.com

Data protection notice:
The personal data provided by travellers when booking the package tour is processed electronically and used by Primesurf and its service providers (transport companies, hotels, incoming agencies, database providers for entry and health regulations) and processed and stored in the AMADEUS/SABRE reservation system (GDS) used worldwide, insofar as it is necessary for the execution of the contract. Due to a US federal law on the search for terrorists, airlines are obliged to disclose the flight and reservation details of every passenger to the US Transportation Security Administration (TSA) before travelling to the USA. Without this data transfer, entry into the USA is not possible – this also applies to stopovers and connecting flights. This data must also be transmitted for flights to other countries that only touch US airspace.
The provisions of the GDPR apply. The detailed data protection information, including the rights of travellers, can be found at www.primesurf.com, can be requested using the contact details of Primesurf or will be made available at the time the data is collected (travel enquiry / travel booking).

Distance selling contracts:
Primesurf points out that bookings of package holidays in distance selling (e.g. by telephone, e-mail) cannot be cancelled in accordance with §§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB. However, a right of cancellation exists if the contract for the package tour between Primesurf and the traveller, who is a consumer, has been concluded 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.

Travel insurance:
Primesurf generally recommends taking out travel cancellation insurance and foreign travel health insurance, including cover for repatriation costs in the event of accident or illness. In addition, it is strongly recommended to ensure that Covid-19 protection (“pandemic protection”) is included or taken out separately when taking out insurance.