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Terms & Conditions

Terms & Conditions

School Terms and Conditions

 

We pride ourselves on offering the best service possible at Tribe Watersports, but due to the nature of the sports we specialise in there is an important element of safety and weather to consider.

 

Tribe Watersports will always operate with safety as our priority, we reserve the right to cease activity if safety is compromised at any time.

 

Kitesurf training is weather dependent, having booked a session the ‘go ahead’ will be given by phone, sms or email one day before a course is scheduled to begin, based on the weather forecast.

 

a) If the forecast is uncertain ‘students’ will be notified that we’ll make dynamic decisions on the day of activity.

 

b) If the weather forecast is deemed too unsuitable for a productive session we will cancel training and offer alternative dates for rescheduling. Alternatively we can offer a refund.

 

c) If conditions change during a lesson and make it impossible to finish the lesson, we will charge you the lesson in proportion of what has been done, with the possibility for the student to be given a refund of the balance, or to postpone the time left during another lesson when conditions are better.

 

Bookings are confirmed in our diary on receipt of payment through Cash, Mpesa or Bank Transfer.

 

Should a pre-booked course be cancelled from our end due to adverse weather or operational issues we will offer an alternative date or a full refund.

 

Courses started, but unfinished due to changing weather will be offered remaining ‘lost time’ as a credit.

 

Cancellations from the customer should be made three days prior to training to be offered an alternative date or full refund.

 

a) cancellations made closer than three days will incur a 25% fee.

 

b) cancellations made one day prior to a course will incur a 50% fee.

 

c) ‘no shows’ or last minute cancellations will not be offered a refund or rescheduling.

 

Refunds can take up to seven days to complete.

 

Credit notes issued will be valid for twelve months.

 

All offers for discounted lessons are only valid on a prepaid basis

 

‘Students’ should arrive at least fifteen minutes early for their training. Whilst we will try to be flexible, we cannot guarantee to make up lost time due to customer lateness.

 

Tribe Watersports and our staff operate within our recognising / governing bodies – the BKSA and IKO, alongside it’s own risk assessments and procedures, carrying full third party liability insurance cover. Our decisions on safety and activity will be made following their rules and guidelines.

 

Participants of the sports must be aware of the potential dangers, notify us of any relevant medical considerations and participate in the sports entirely at their own risk.

Persons unable to swim will not be permitted to kitesurf, they may be permitted to SUP under the correct supervision with the appropriate equipment, on an appropriate day.

 

 

Tribe Watersports LTD Liability Waiver

 

In consideration for the renting, purchasing, of kiteboarding equipment from and/or utilizing the facilities, ground school, instruction, premises, and equipment of TRIBE WATERSPORTS LTD in engaging in the sport of kiteboarding, ground instruction, water instruction, I hereby understand and agree to this release of liability, waive of legal rights, and assumption of risk, and to the terms hereof as follows:

 

1. I acknowledge that kiteboarding is an action sport and recreational activity involving travel in three dimensions and such activity is subject to mishap and even injury to participating in the sport of kiteboarding.

 

2. I hereby RELEASE AND DISCHARGE TRIBE WATERSPORTS LTD and their officers, directors, elected officials, agents, employees, instructors, and owners of equipment and the land used for kiteboarding activities (hereinafter collectively referred to as “Released Parties”), from any and all liability, claims, demands, or causes of action that I may hereafter have for injuries, disability, or death, or damages arising out of my participation in kiteboarding activities, including, but not limited to, losses CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.

 

3. I understand and acknowledge that kiteboarding activities have inherent dangers that no amount of care, caution, instruction, or expertise can totally eliminate. I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN KITEBOARDING ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.

 

4. I further agree that I WILL NOT SUE OR MAKE A CLAIM against the Released Parties for damages or other losses sustained as a result of my participation in kiteboarding activities.

 

5. I also agree to INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from all claims, judgments, and costs, including attorneys’ fees, incurred in connection with any action brought as a result of my participation in kiteboarding activities.

 

6. I will take full responsibility for, and hold harmless Released Parties for any injury that I may suffer or inflict upon others or their property as a result of my engaging in kiteboarding activities.

 

7. I agree that I will operate the said kiteboarding equipment in a reasonable and safe manner so as not to endanger the lives of persons or property of any individual.

 

8. I have read and understand the above and acknowledge that the same constitutes a release of liability and a waiver of my legal rights and also acknowledgment of the assumption by me of all risks arising out of my engaging in kiteboarding activities.

 

9. I further represent that this release of liability, waiver of legal rights and assumption of risk shall continue in full force and effect for so long as I engage in kiteboarding activities which are in any way connected to or with the Released Parties.

 

10. I further represent that I am at least 18 years of age or that as the parent or legal guardian I waive and release any and all legal rights that may accrue to me or to my minor child as the result of any injury that my son or daughter (minor) may suffer while engaging in kiteboarding activities.

 

11. I hereby expressly recognize that this Release of Liability, Waiver of Legal Rights and Assumption of Risk is a contract pursuant to which I have released any and all claims against the Released Parties resulting from my participation in kiteboarding activities including any claims by the negligence of the Released Parties.

 

 

Rental Terms and Conditions

 

Rental of kite equipment may be offered to ‘safely independent’ kiters, unlike lessons, they accept personal liability for other people and the equipment they’re hiring. If an individual is unable to ride up wind they must rent with a kite assistant.

 

a) we reserve the right to deny or cancel rental at any time.

 

b) persons not flying responsibly for themselves, others or the kit, will be issued warnings. If undesirable behaviour continues we may cancel hire with no refund at any time.

 

c) if an individual decides not to take out the equipment rental insurance then responsibility of the care of the equipment is down to the renter during their rental period, any damage to the equipment will be charged as per our repair costs, plus a $150 surcharge (for loss of value). If the kite can not be repaired then the cost of a replacement will be charged to the renter.

 

d) equipment rental insurance covers any damage to the equipment but does not cover loss of equipment.

 

e) equipment damage as a result of gross misconduct or as not abiding to the “rules of the road” set out by the BKSA and IKO is not covered within the equipment rental insurance.

 

f) a tariff of repair costs can be found at the Tribe Watersports HQ

 

g) Rental is charged at a minimum of half an hour and in variables of half an hour only. Durations of 15 minutes or more will be rounded up to the nearest half hour.

 

h) Charges for the equipment starts when the equipment has been collected it then stops when the individual renting kitesurfing equipment informs the beach assistant they are finished. There is a 15 minute grace period for setting up the kite if it is not already available. The equipment will be packed away by the beach assistant when the individual renting the equipment has indicated that they are finished using it.

 

I) Individuals renting kitesurfing equipment must log the equipment in with the beach assistants after completion of their session.

 

J) All equipment is checked on a daily basis for any damage, anything that our kite staff might have missed needs to be reported before heading out on the water.

 

k) Kite rental is for individual use only equipment may not be shared with others, in addition rental equipment is not to be used to teach others.

 

Vouchers

 

Our lesson vouchers are valid for twelve months for the service described and person issued to. The service or ownership may gladly be changed with written notice.

 

Special offer vouchers may be valid for a limited time, as per their description.

 

We aim to keep availability for voucher holders, but can’t prioritise them over a new booking.

 

We cannot offer a refund on any vouchers purchased or expired.

 

We request cancellations no later than three days before a session. Cancellations received after this will be treated as per general booking T&C.

 

 

Watamu Kitesurfing Club

 

Tribe Watersports takes no responsibility for loss, damage by fire or theft of members equipment whilst in storage in the Tribe Watersports HQ.

 

Members are responsible for maintaining their storage log on their Tribe portal.
Tribe Watersports will courier kitesurfing equipment to any coastal destination at cost of the club member. Tribe Watersports takes no responsibility for any damage by fire, loss or theft whilst the equipment is in transit.

 

Members must give a minimum of three days notice that they will require use of their equipment if they want it to be ready for use on the day of their arrival in Watamu.
Tribe Watersports working hours are 9 till 5 if you wish for your equipment to be stored overnight then it needs to be returned to the office within office hours. It is possible to access and store outside of this time frame but this must be approved by Tribe Watersports management.

 

 

Kite Repairs

 

All kite repair parts must be paid for before the repair of the kite.

 

Tribe watersports cannot guarantee the effectiveness of any repair parts from any manufacturer.

 

Tribe watersports can not guarantee the longevity of any kite repair.

 

Tribe watersports will not be held responsible for any damage made to the kite during a repair.

 

Although we will try our best to get your kite up and running as quickly as possible, during busy periods we can not guarantee how quickly it will be fixed.

 

There is a $10 surcharge if the kite is delivered and requires cleaning before repair.
Any broken kite that is left without collection or correspondence from the owner will be discarded after 6 months.

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