Organiser
Terms
The short version. You are the seller. You arrange the trip, you agree the price with each rider, you receive the money directly from them, and you carry the legal and fiscal responsibility for all of it. KiteCrew provides a noticeboard and a messaging channel. It takes no commission and handles no payment.
1. You are the seller, not us
By publishing a trip you declare that you organise and sell it, that any contract is concluded directly between you and the riders, and that KiteCrew acts solely as a technical intermediary providing listing and contact tools. KiteCrew is not a party to that contract and receives nothing from it.
2. What you need before you can publish
- A valid VAT number, which the Platform checks against the EU VIES register.
- Every authorisation, licence, professional qualification and insurance the law requires for what you offer — including, where applicable, the requirements for travel organisers and the insolvency protection required by Directive (EU) 2015/2302 and Italian Legislative Decree 79/2011.
There is no manual approval. These are objective, published requirements checked automatically. We do not select, vet, curate, rank or recommend organisers, and publishing does not mean we have assessed you in any way.
3. What you declare each time you publish
- You comply with all tax and administrative obligations for your activity, and you declare the income from it.
- You hold every authorisation, licence, qualification and insurance the law requires.
- The information you publish is accurate, complete in every material respect and not misleading.
- You have the right to sell the accommodation and services you include.
- You take full responsibility for organising, running and the safety of the trip.
- You will honour whatever cancellation terms you publish, and any refund owed under them or under mandatory law.
4. Money is entirely between you and the rider
KiteCrew does not process, hold, transmit or receive any payment. No money passes through the Platform, and we take no commission.
You agree the price, the deposit, the method and the timing directly with each rider, outside this app.
Because of this, you alone are responsible for: collecting what you are owed; issuing any invoice or receipt required by law; charging, declaring and paying any VAT, tourist tax or other tax; and making any refund you owe. KiteCrew cannot recover money for you, cannot refund a rider on your behalf, and cannot mediate a payment dispute.
State clearly in every listing what the price covers, what it excludes, when payment is due and how a rider should pay you. Vague or misleading payment terms are a breach of Section 3.
5. Prices, changes and cancellation
The price you publish is what riders rely on. Do not raise it after someone has committed on the basis of it.
You choose the cancellation terms for each trip. KiteCrew displays them and neither sets nor recommends them. They must be lawful: under EU and Italian law you cannot remove a rider's right to transfer their place, nor their right to cancel without penalty where unavoidable and extraordinary circumstances at the destination make the trip impossible or significantly affect it.
If you cancel a trip, you must refund every rider what they have paid you, promptly and in full unless your published terms lawfully provide otherwise. Repeated cancellations lead to removal from the Platform.
6. Indemnity
You indemnify and hold harmless KiteCrew, its operator and its representatives against any claim, action, loss, damage, fine, sanction, legal cost or expense arising from: your breach of these Terms or of any law; the trips you publish or run; accidents, injury or damage connected with your trips; money you received, did not refund or did not declare; and any dispute with a rider, an authority or a third party.
7. Data you receive about riders
When a rider contacts you, you receive personal data about them. From that moment you are an independent data controller under the GDPR. You may use those data only to arrange the specific trip in question. You must not use them for marketing, add them to a mailing list, or pass them to anyone else. You must keep them secure and delete them when they are no longer needed.
8. Suspension, termination and changes
In line with Regulation (EU) 2019/1150 on platform-to-business fairness:
- Before restricting or suspending your listings we give you a statement of reasons, unless the law forbids it or the breach is manifestly illegal, repeated or fraudulent.
- Before terminating your access we give 30 days' notice, except in those same cases.
- You may challenge any decision at hello@kitecrew.app. We consider challenges in good faith and reply within a reasonable time.
- Trips are listed by departure date. There is no paid placement and no way to buy visibility.
- We give at least 30 days' notice of changes to these Terms.
9. Tax reporting
If and when KiteCrew becomes subject to Council Directive (EU) 2021/514 (DAC7) in respect of your activity, you agree to provide the information we are required to collect and report to the tax authorities, and you accept that we may suspend your ability to publish if you do not.
10. Liability, law and jurisdiction
Sections 8, 12 and 13 of the Terms of Service — limitation of liability, governing law, disputes and general provisions — apply to you and are incorporated here.
Specific approval (Articles 1341 and 1342, Italian Civil Code). The following clauses require specific approval: Section 4 (money entirely between you and the rider), Section 6 (indemnity), Section 8 (suspension and termination) and the incorporated limitation of liability and jurisdiction clauses. Acceptance is recorded with its date and time each time you publish a trip.
11. When payments are switched on
KiteCrew may later enable payment processing through Stripe Connect. If that happens:
- you will have to open a Stripe connected account and accept the Stripe Connected Account Agreement directly with Stripe;
- you will remain the merchant of record — payments will be charged directly to your own account and your name, not ours, will appear on riders' statements;
- KiteCrew will not hold your funds, and will not be liable for failed payments, chargebacks, disputes, fraudulent transactions or any act, omission or insolvency of Stripe;
- any commission will be stated before you publish.
None of this applies until we publish amended Terms saying so and give you the notice required by Section 8.
This document is a draft prepared for review by a qualified lawyer before commercial launch.