WindTrail OÜ

Terms & Conditions

These terms and conditions of sale (hereinafter the "Terms") govern the contractual relationship between the company WindTrail OÜ, a private limited company under Estonian law registered under number [Estonian commercial registry number], with its registered office at [Registered office address in Estonia] (hereinafter "WindTrail" or the "Organiser"), and any individual making a booking on the website [Website URL] (hereinafter the "Traveller" or the "Customer").

Article 1 — Purpose

These Terms set out the rights and obligations of the parties in connection with the sale of package travel organised by WindTrail, comprising at least two of the following travel services: accommodation, local transport, and kitesurf coaching services, within the meaning of Article 3(2) of Directive (EU) 2015/2302 and its transposition into Estonian law (Turismiseadus). The international flight to the destination is not included in the package and remains the Traveller's sole responsibility.

Article 2 — Identification of the Organiser and professional guarantees

WindTrail has filed an economic activity notice (majandustegevusteade) with the Estonian Register of Economic Activities (Majandustegevuse Register), under number [EMTAK registration number / economic activities register], in accordance with the Estonian Tourism Act (Turismiseadus / Tourism Act). This activity is supervised by the Estonian Consumer Protection and Technical Regulatory Authority (Tarbijakaitse ja Tehnilise Järelevalve Amet — TTJA).

Financial security: in accordance with §15 and §15¹ of the Estonian Tourism Act, WindTrail holds a guarantee or insurance policy covering the full amount of sums paid by Travellers (deposits and balances), taken out with [name of the guarantee provider or insurer, established in Estonia or another EEA member state], [guarantor's address].

Professional liability insurer: [Name of the professional liability insurer], policy no. [policy number].

In accordance with the principle of mutual recognition set out in Directive (EU) 2015/2302 (Article 18) and its Estonian transposition, this guarantee is in principle enforceable throughout the European Union, including where the Traveller resides in France. This information, together with the Organiser's full contact details, is also included in the standard information form provided to every Traveller before the contract is concluded.

Article 3 — Standard information form and contractual documents

Prior to any booking, the Organiser provides the Traveller with a standard information form compliant with Annex I of Directive (EU) 2015/2302 and its transposition into Estonian law (Turismiseadus and võlaõigusseadus — Law of Obligations Act, Chapter 44), setting out the Traveller's essential rights: the right to receive all essential information about the trip before the contract is concluded, the right to transfer the contract to a third party with reasonable notice, the right to a price reduction if any part of the services is not performed, the right to appropriate assistance in case of difficulty, and the right to a refund and, where applicable, compensation if the Organiser or a supplier fails to perform.

Article 4 — Booking and payment terms

• The booking is confirmed upon receipt of a deposit of 30% of the total price per person and validation of these Terms via a checkbox during the online booking process.
• The balance of the trip price is due no later than 30 days before the departure date. If the balance is not paid by this deadline, the Organiser may treat the booking as cancelled by the Traveller, under the conditions set out in Article 8 below.
• Accepted payment methods are: credit/debit card (Visa, Mastercard), bank transfer. No additional fee is charged for payment by standard consumer card, in accordance with the surcharge ban set out in Regulation (EU) 2015/751 and Directive (EU) 2015/2366 (PSD2), applicable across the European Union, including Estonia.
• Any booking made less than 30 days before departure must be paid in full upon confirmation.

Article 5 — Price

The prices shown are in euros, inclusive of all taxes. They include the services expressly mentioned in the trip description (accommodation, local transport, coaching, meals depending on the package) and specifically exclude international transport, drinks not included in the package, personal expenses, tips, and optional insurance. In accordance with Article 10 of Directive (EU) 2015/2302, the price may not be revised upward within 20 days before departure, and any revision (upward or downward) beyond that period may only result from changes in transport costs, applicable taxes or fees, or exchange rates.

Article 6 — Changes to the contract by the Traveller before departure

Any request for changes (dates, destination, number of participants) made by the Traveller is subject to the Organiser's agreement and availability. It may result in a price revision and, where applicable, an administration fee of €50 per change.

In accordance with Article 9 of Directive (EU) 2015/2302 and its Estonian transposition, a Traveller who is prevented from taking part in the trip may transfer the contract to a transferee who meets the same conditions, provided the Organiser is notified by any means allowing acknowledgement of receipt, within a reasonable period before the trip begins (set at 7 days by these Terms). The transferor and the transferee are jointly liable for payment of the balance of the price as well as any fees, charges or other costs arising from the transfer, the actual amount of which will be communicated to the Traveller.

Article 7 — Cancellation by the Traveller

The Traveller may cancel the booking at any time before the trip begins. Cancellation must be notified in writing (e-mail) and takes effect on the date it is received. Except in cases of unavoidable and extraordinary circumstances within the meaning of Article 12 of Directive (EU) 2015/2302 (in which case cancellation is free of charge), the following cancellation fees, proportionate to the period between the cancellation and the departure and intended to cover costs already incurred by the Organiser, apply:

This scale reflects non-recoverable costs incurred by the Organiser (deposits paid to accommodation providers and local suppliers, coordination fees) and may be adjusted on a case-by-case basis upon presentation of supporting evidence by the Traveller. The Traveller is strongly advised to take out cancellation insurance (see Article 10).

Article 8 — Cancellation or modification by the Organiser

• If the minimum number of participants required for a trip (set at 4 people, unless stated otherwise) is not reached, the Organiser may cancel the trip no later than 20 days before departure for trips of more than 6 days, 7 days before for trips of 2 to 6 days, and 48 hours before for trips of less than 2 days, in accordance with Article 12(3) of Directive (EU) 2015/2302. The Traveller is fully refunded, with no further compensation.
• In the event of unavoidable and extraordinary circumstances (natural disaster, weather conditions making the trip impossible to carry out safely, decisions by the authorities, etc.), the Organiser may cancel or modify the trip with no compensation other than a full refund of the sums paid.
• For any other cancellation initiated by the Organiser, the Traveller is fully refunded and may, where applicable, be entitled to compensation under the conditions set out in Article 12 of Directive (EU) 2015/2302.
• The Organiser reserves the right to modify non-essential elements of the trip (schedules, order of activities, accommodation of an equivalent category) for operational reasons, with no right to compensation, provided the Traveller is informed as soon as possible.

Article 9 — Insurance

As kitesurfing is a sport with inherent risk, each Traveller is additionally required to be covered, at the time of departure, by sports liability insurance and insurance covering medical and repatriation costs related to kitesurfing. The Organiser reserves the right to request proof of coverage before departure and to refuse access to coached sessions in the absence of sufficient coverage.

Article 10 — Conditions of participation

• The minimum age for participation is 18, unless the Organiser gives prior written consent for a minor accompanied by a legal guardian.
• The Traveller declares to be in good physical condition, able to swim, and free of any medical contraindication to kitesurfing. The Traveller agrees to inform the Organiser, before departure, of any relevant medical information (allergies, treatments, medical history) that could affect their safety or that of the group.
• The Traveller agrees to follow the safety instructions given by the coaches as well as the rules of local accommodation providers and suppliers. In the event of behaviour endangering their own safety or that of others, the Organiser may, after a warning, exclude the Traveller from all or part of the activities, with no refund or compensation.

Article 11 — Equipment

When the Traveller uses equipment belonging to WindTrail (as part of the rental offer, not included by default in the package price), the Traveller is responsible for it throughout the period of use and agrees to return it in good condition. In the event of loss or damage resulting from use that does not comply with instructions, repair or replacement costs may be charged to the Traveller, upon presentation of a joint condition report and proof of cost.

Article 12 — Excursions and optional activities

Certain excursions or activities offered outside coaching sessions (visits, outings, no-wind activities) are not included in the package price and are offered as options, subject to a minimum number of participants and availability. Their cancellation by the Organiser for these reasons does not affect the main package and gives rise to a refund only of the sums paid for that optional activity.

Article 13 — Organiser's liability

In accordance with Article 14 of Directive (EU) 2015/2302 and its transposition into Estonian law (võlaõigusseadus, Chapter 44), the Organiser is automatically liable for the proper performance of the travel services included in the contract, whether those services are performed by the Organiser or by other suppliers, without prejudice to its right of recourse against them.

The Organiser is exempt from all or part of its liability where the non-performance or improper performance of the contract is attributable to:

• the Traveller;
• a third party unconnected with the provision of the travel services included in the contract, and is unforeseeable or unavoidable;
• unavoidable and extraordinary circumstances.

Outside these three cases, exhaustively provided for by law, the Organiser cannot be exempted from its contractual liability.

Article 14 — No right of withdrawal

In accordance with Article 3(3)(g) of Directive 2011/83/EU on consumer rights, package travel contracts are excluded from the scope of the 14-day right of withdrawal applicable to certain distance contracts. The applicable cancellation terms are those described in Article 7 of these Terms.

Article 15 — Right to image

Photographs and videos may be taken during sessions and the stay. WindTrail requests the Traveller's explicit consent, collected via a separate checkbox at the time of booking, before using their image for communication purposes (website, social media, marketing materials). This consent may be withdrawn at any time upon simple written request to the address indicated in Article 18.

Article 16 — Personal data

Personal data collected during the booking process is processed by WindTrail as data controller, in accordance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act. It is used for booking management, customer relations and, subject to the Traveller's consent, for marketing communications. For more details on processing, retention periods, and the exercise of the rights of access, rectification and erasure, the Traveller is invited to consult the privacy policy available at [privacy policy URL].

Article 17 — Complaints and dispute resolution

Any complaint should first be sent to WindTrail's customer service at [customer service e-mail address]. If the response is unsatisfactory, the Traveller may file a free complaint with the Estonian Consumer Protection and Technical Regulatory Authority (Tarbijakaitse ja Tehnilise Järelevalve Amet — TTJA), which has jurisdiction over the out-of-court settlement of consumer disputes involving a package travel organiser established in Estonia.

A Traveller residing in another European Union member state, including France, may also use the European online dispute resolution platform, available at ec.europa.eu/consumers/odr.

Article 18 — Governing law and jurisdiction

These Terms are governed by Estonian law. In accordance with Article 6 of Regulation (EC) No. 593/2008 ("Rome I"), this choice of law may not, however, have the effect of depriving the consumer Traveller of the protection afforded by the mandatory provisions of the law of the European Union member state in which they have their habitual residence (in particular, for a Traveller residing in France, the mandatory provisions of the Consumer Code and the Tourism Code that cannot be excluded by contract). In the event of a dispute, and failing an amicable settlement or mediation, the competent courts shall be those designated by the applicable rules of private international law, without prejudice to the consumer Traveller's right to bring proceedings before the courts of their own place of residence.

Article 19 — Acceptance of the Terms

Validation of the booking by the Traveller, evidenced by a dedicated checkbox during the online booking process, constitutes full and complete acceptance of these Terms, a copy of which is sent to the Traveller by e-mail together with the booking confirmation.