Terms of
Service

1. Who we are and what these Terms cover

KiteCrew (the "Platform", "we", "us") is operated by Salty Habbits di Marchi Matteo, VAT IT02850780418, Italy. Contact: hello@kitecrew.app.

These Terms govern your use of the KiteCrew website and application. By creating an account, publishing a listing or contacting another user, you accept them and our Privacy Policy. If you do not accept them, do not use the Platform. Organisers are additionally bound by the Organiser Terms.

These Terms are written in English, which is the language of the Platform and of the contract between you and us.

2. What KiteCrew is, and is not

KiteCrew is a technology platform and online noticeboard. It provides listing space, a messaging channel and information about kite spots. Nothing else.

KiteCrew is not, and does not act as:

• a travel agency, tour operator, retailer of travel services or intermediary within the meaning of Italian Legislative Decree 79/2011 or Directive (EU) 2015/2302 on package travel;
• an organiser, seller or provider of any trip, accommodation, transport, tuition, equipment or activity;
• a payment institution, escrow agent, insurer or guarantor;
• an agent, employer, partner or representative of any user;
• a party to any contract concluded between an organiser and a rider.

KiteCrew does not combine travel services, does not sell at an inclusive price and does not facilitate the targeted procurement of additional travel services. It therefore does not create packages or linked travel arrangements. Where an organiser's offer amounts to one, the resulting obligations — including insolvency protection — fall on that organiser alone.

Organisers alone decide the destination, accommodation, dates, price, inclusions, minimum numbers, required level and any cancellation terms. We neither set nor influence them.

3. Payments: we are not involved

Accordingly, and to the fullest extent permitted by law, KiteCrew is not responsible for: money paid, not paid, paid late or paid to the wrong person; deposits lost; refunds promised and not given; fraudulent requests for payment; your choice of payment method; or any dispute about money between users.

Protect yourself

• Satisfy yourself who you are paying and why, before you pay anything.
• Prefer traceable methods. Be sceptical of any request to pay by irreversible means, or into an account whose name does not match the organiser.
• Keep a written record of what was agreed — in the app's chat, or by e-mail.
• Consider paying a deposit rather than the full amount before you have met the organiser.

We may introduce commissions or integrated payment processing in the future. If we do, we will publish amended Terms and notify you in advance under Section 10. Any such change applies only from its effective date.

4. Who is responsible for what

Any agreement about a trip is concluded directly and exclusively between the organiser and the rider. KiteCrew is not a party to it, gains no rights under it and assumes no obligations under it.

5. No endorsement, and no verification beyond a basic check

Anyone with an account can publish. We do not vet, select or approve organisers, and no check is required before a listing goes up.

An organiser may optionally have their VAT number checked against the European Commission's VIES register; if it is active, a ✓ appears beside their name. That check confirms only that the number exists and is active.

It is not an endorsement, approval, certification, background check, solvency assessment or safety audit. It does not confirm that an organiser is authorised to sell travel services, is competent to run a kite trip, is solvent, is honest, or holds insurance.

We do not review listings, messages or photographs before they are published. Content is written by users and reflects their views, not ours. We do not verify any statement any user makes.

Reporting content

If you believe content here is illegal or breaches these Terms, write to hello@kitecrew.app with enough detail to identify it. We assess every notice and, where appropriate, remove the content and tell the affected user why. That address is our single point of contact for users and authorities under Regulation (EU) 2022/2065 (Digital Services Act), under which KiteCrew is a hosting service provider.

Wind and climate information

The Platform shows historical wind, temperature and rainfall statistics from third-party reanalysis datasets, naming the model and resolution used. This describes the past. It is not a forecast and not a guarantee, and must never be used to judge whether conditions are safe on a given day.

6. How you must behave

You must not:

• publish a listing that is false, misleading, materially incomplete, or that offers a trip you cannot or do not intend to run;
• offer or seek anything illegal, or anything you are not authorised to provide;
• misrepresent your identity, qualifications, insurance, authorisations or experience;
• pressure anyone into paying by untraceable means;
• publish content that is defamatory, discriminatory, harassing or obscene, or that infringes anyone's rights;
• upload photographs you do not own, or images of identifiable people without their consent;
• collect or reuse other users' personal data for anything other than the specific trip in question, and never for marketing;
• create fake accounts, manipulate reviews, or pay for reviews;
• interfere with the Platform's operation or security, or access it by automated means.

Reviews may be posted only by people who actually took part in the trip. They are permanent and cannot be edited.

7. Rights nobody can take away from you

Whatever an organiser's terms say, the following apply where Italian and EU travel and consumer law give them to you:

• Transferring your place. You may transfer it to someone who meets the trip's conditions, on reasonable notice, and the organiser may charge only the real cost of the transfer.
• Extraordinary circumstances. If unavoidable and extraordinary circumstances at or near the destination make the trip impossible or significantly affect it, you may cancel without penalty and are entitled to a full refund.

These rights are against the organiser, who received your money. KiteCrew cannot enforce them for you and cannot refund what it never received.

8. Disclaimers and limitation of liability

To the fullest extent permitted by law, the Platform is provided as is and as available. We do not warrant that it will be uninterrupted or error-free, nor that any content published by users is accurate.

To the fullest extent permitted by law, KiteCrew is not liable for loss or damage arising from:

• a trip cancelled, curtailed, changed, not performed, or performed differently from how it was described;
• the quality, safety, legality or suitability of any accommodation, transport, tuition, equipment or activity;
• death, personal injury, illness or damage to property before, during or after a trip, save as set out below;
• the acts, omissions, negligence, fraud or insolvency of any user or third party;
• conduct between users, online or in person;
• any money paid, lost or not refunded;
• reliance on wind or climate information shown here;
• loss of profit, opportunity, holiday enjoyment or wasted expenditure, or any indirect or consequential loss.

Where we are nevertheless liable and that liability may lawfully be limited, our total liability to you for all claims arising in any twelve-month period is limited to the greater of the amounts you actually paid to KiteCrew in that period and EUR 100.

9. Indemnity

To the fullest extent permitted by law, and except where you act as a consumer and mandatory law provides otherwise, you agree to indemnify and hold harmless KiteCrew, its operator, employees and representatives against any claim, proceeding, loss, damage, fine, cost or expense (including reasonable legal fees) arising from: your use of the Platform; any trip you organise, offer, join or take part in; any agreement or interaction with another user; any content you publish; your breach of these Terms or of any law; and any claim by a third party — including a tax or consumer authority, or a person injured on a trip — arising from your acts or omissions.

We will tell you of any claim covered by this Section and will not settle it without consulting you.

10. Changes to these Terms

We may amend these Terms to reflect changes in the Platform, in our business model or in the law. We publish the new version here with a new number and effective date, and notify registered users.

Changes take effect no earlier than 15 days after notice, or 30 days if you use the Platform as a trader, under Regulation (EU) 2019/1150. Changes required by law or addressing a security risk may take effect at once. If you do not accept them, close your account before they take effect.

11. Suspension and closure

You may stop using the Platform at any time and may delete your account from within the app. Deletion removes your profile, photograph, messages, reviews and alerts.

We may suspend or close an account, or remove content, where we reasonably believe there is fraud, illegality, serious misleading of other users, danger to users, or repeated breach of these Terms. Except where the law forbids it or the breach is manifestly illegal, repeated or fraudulent, we give a statement of reasons and you may challenge the decision at hello@kitecrew.app. If you use the Platform as a trader, we give 30 days' notice before terminating your access, except in the cases permitted by Regulation (EU) 2019/1150.

12. Governing law and disputes

These Terms are governed by Italian law. If you are a consumer habitually resident elsewhere in the European Union, this choice does not deprive you of the mandatory protections of your own country's law.

Talk to us first. Write to hello@kitecrew.app describing the problem and what you would like us to do. We will reply and try in good faith to resolve it within 30 days. This is encouraged, not compulsory, and does not affect your right to go to court.

Disputes about a trip are between the organiser and the rider. We are not an arbitrator and have no power to decide them. We may, at our discretion and without obligation, provide factual records — such as what a listing said on a given date — to help the parties or an authority.

Consumers in the EU may use the European Commission's online dispute resolution platform at ec.europa.eu/consumers/odr. We do not undertake to use a consumer arbitration body.

The courts of Cagliari, Italy have exclusive jurisdiction over disputes arising from these Terms. This does not apply to consumers: if you are a consumer, you may sue us in the courts of your country of residence, and we may sue you only there, under Articles 17 to 19 of Regulation (EU) 1215/2012.

13. General

Intellectual property. The Platform, its software, design, name, logo and spot and climate database belong to KiteCrew or are licensed to it.

Your content. You keep ownership of what you publish and grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce and display it for as long as it is on the Platform, in order to operate and promote the Platform. You confirm you hold the rights needed to grant that licence. It ends when you delete the content, apart from backups kept for a limited period.

Personal data. See the Privacy Policy. When an organiser receives a rider's contact details, that organiser becomes an independent controller of those data and may use them only to arrange the trip in question.

Third-party data. Climate and geographic information comes from third-party sources under their own licences, acknowledged in the app.

Force majeure. Neither party is liable for failure caused by events beyond its reasonable control.

Severability. If a provision is invalid it is severed and the rest continues in force.

Assignment. You may not assign your rights. We may assign ours to a successor of the business, provided your rights are not reduced.

Entire agreement. These Terms, the Privacy Policy and, for organisers, the Organiser Terms are the whole agreement between you and KiteCrew about the Platform.

Specific approval (Articles 1341 and 1342, Italian Civil Code). For users acting as traders under Italian law, the following require specific approval: Section 8 (disclaimers and limitation of liability), Section 9 (indemnity), Section 10 (changes), Section 11 (suspension and closure) and Section 12 (jurisdiction). Acceptance is recorded with its date and time at registration.

14. Contact

Salty Habbits di Marchi Matteo · VAT IT02850780418 · Italy
hello@kitecrew.app · kitecrew.app

Mark messages about illegal content, account restrictions or data protection accordingly.