General Terms and Conditions (GTC)


By registering, the customer offers the tour operator a binding offer to conclude a travel contract. Registration can be made in writing or electronically. It is also carried out by the registrant for all participants listed in the registration, for whose contractual obligations the registrant is responsible as for his own obligations, provided that he has assumed a corresponding separate obligation by express and separate declaration. The travel contract is concluded upon acceptance by the tour operator. Acceptance requires no specific form. Upon or immediately after conclusion of the contract, the tour operator will send the customer a written travel confirmation. He is not obliged to do this if the booking is made by the customer less than 7 working days before the start of the trip.


The scope of the services results exclusively from the travel confirmation, taking into account the advertisement on the website and in the brochure. However, the tour operator expressly reserves the right to declare a change to the information in the brochure before the contract is concluded for objectively justified, significant and unforeseeable reasons. Changes or deviations of individual travel services from the agreed content of the travel contract, which become necessary after the contract has been concluded and which were not brought about by the tour operator in bad faith, are only permitted if the changes and deviations are not significant and do not affect the overall design of the booked trip . Any warranty claims remain unaffected if the changed services have defects. The tour operator is obliged to inform the customer of any significant changes to services immediately after becoming aware of the reason for the change.


The participant expressly declares that from a medical perspective there are no concerns about practicing the sports offered. Apart from its statutory traffic safety obligations, the tour operator assumes no obligation to supervise underage participants.


When renting sports equipment, the tour operator is entitled to refuse to hand over any sports equipment if the renter does not have the required qualifications. If it is only after handover that a lack of qualifications (lack of control of the surfing board, kitesurfing equipment, bicycle, violation of the avoidance and driving rules, endangerment of others, etc.) of the renter with regard to the safe use of the sports equipment becomes apparent or if the renter acts contrary to the given instructions, the tour operator can declare the immediate withdrawal from the contract and retain the rental fee. The tenant is obliged to return the property on time. Meteorological events must be taken into account and do not constitute a reason for a late return. The tenant is liable for all damages and expenses resulting from a late return. Furthermore, the tenant is jointly and severally liable to the tour operator for all obligations arising from the rental agreement. The tenant is also responsible for any negligence on the part of his fellow users. At the start of the rental period, the tour operator may require the tenant to pay a deposit in cash. In the event of damage, the tour operator is entitled to deduct from this deposit the costs for dealing with the insurance company as well as for damages and losses that are not covered by liability insurance and that do not arise from normal use (wear and tear). The deposit is due for repayment immediately after the correctness of the return and the condition of the equipment have been determined.


The safety and operational readiness of the sports equipment is ensured through regular inspections. Nevertheless, the participant/renter is obliged to check all sports equipment before each use. In the interest of everyone involved, every participant/tenant is obliged to report any damage immediately.
If the operational readiness of the sports equipment is no longer guaranteed due to non-observance of the instructor's instructions or due to negligent or even intentional behavior on the part of the participant/renter, the participant/renter is not entitled to compensation for the loss of time resulting from the recording of the facts and the elimination of the fault.


The customer can withdraw from the trip at any time before the start of the trip. The decisive factor is the receipt of the declaration of withdrawal by the tour operator. It is recommended that you declare your withdrawal in writing for reasons of proof. The cancellation becomes effective from the day on which it is received by the tour operator. If the customer withdraws from the travel contract or does not start the trip, the tour operator can demand compensation for the travel arrangements made and for his expenses. When calculating the compensation, saved expenses and usually possible alternative use of the travel services must be taken into account. The tour operator can make this claim for compensation a flat rate based on the proximity of the time of withdrawal to the contractually agreed start of the trip, taking into account the following structure, in a percentage ratio of the travel price:

- up to the 30th day before the start of the trip 20%, from the 29th to the 15th day before the start of the trip 50%, from the 14th to the 8th day before the start of the trip 80%, from the 7th to the day of the start of the trip 90%, after and If you do not show up, 100% of the travel price.

Until the start of the trip, the traveler can request that a third party assume the rights and obligations from his travel contract instead. There is a fee of 30 euros for this. The tour operator can object to the entry of the third party for important reasons. If a third party enters into the contract, the entering third party and the traveler are jointly and severally liable to ElementFish for the travel price and the additional costs arising from the third party's entry.

If possible, the customer's rebooking requests will be taken into account and charged at EUR 30 and will be treated as a chargeable withdrawal from the travel contract with a simultaneous new registration. There is no right to rebooking.

In any case, the customer is free to prove to the tour operator that the tour operator suffered no damage at all or that the damage was significantly lower than the flat rate requested by him. The tour operator reserves the right to demand higher, specific compensation in deviation from the above flat rates. In this case, the tour operator is obliged to specifically quantify and substantiate the requested compensation, taking into account the expenses saved and any other use of the travel service.

We recommend taking out travel cancellation insurance.


If the customer does not use individual travel services that were properly offered to him for reasons attributable to him (e.g. due to early return or other compelling reasons), he is not entitled to a pro rata refund of the travel price. The tour operator will endeavor to reimburse the saved expenses from the service providers. This obligation does not apply if the services are completely insignificant or if reimbursement is contrary to legal or official regulations.


ElementFish is entitled to withdraw from the travel contract or to terminate the travel contract after the start of the trip in the following cases: The tour operator can terminate the travel contract without notice if the customer is persistently disruptive despite a warning from ElementFish or its representatives or if he is in behaves in breach of contract to such an extent that the immediate cancellation of the contract is justified. If the tour operator cancels, he retains the right to the travel price; However, he must be credited with the value of the saved expenses as well as the benefits that he obtains from other uses of the service not used, including the amounts brought to him by the service providers. The tour operator can withdraw from the travel contract due to the minimum number of participants not being reached if he has stated the minimum number of participants in the respective travel advertisement and the time by which the traveler must have received the declaration at the latest before the contractually agreed start of the trip and clearly states this in the travel confirmation information has pointed out. Withdrawal must be declared to the customer no later than the fourteenth day before the agreed start of the trip.


If the trip is made significantly more difficult, endangered or affected by force majeure that was not foreseeable at the time the contract was concluded, ElementFish and the traveler can terminate the contract. If the contract is terminated, ElementFish can demand appropriate compensation for the travel services that have already been provided or that still need to be provided at the end of the trip. The parties must each bear half of the additional costs for the return transport. In all other cases the traveler is responsible for additional expenses.


ElementFish is liable for the conscientious course and event preparation, the careful selection and monitoring of the service providers, the accuracy of the course advertisement and the proper provision of the contractually agreed service as well as for the conscientious execution of the inspections to ensure the operational readiness of the sports equipment. Participation in courses and leisure activities, travel, use of the services mentioned and stay are all at your own risk. ElementFish is not liable for service disruptions in connection with services that are merely arranged as third-party services (e.g. flights, sporting events, excursions, exhibitions, apartment rental, etc.). ElementFish's liability does not extend to dangers that are inevitably associated with the sports and leisure activities and which are consciously accepted by the participant and to damages that the participant suffers during the exercise of sports and leisure activities due to the fault of other participants or Third parties arise. ElementFish assumes no liability for loss or damage to participants' property. ElementFish also excludes liability claims for personal injury and property damage. The equipment for taking part in courses is provided to the participant free of charge. In the event of loss or damage due to grossly negligent treatment, the participant is liable for their current value or equivalent compensation. The organizer's liability for contractual claims for damages by the participant is limited to three times the travel price for non-physical damage, provided that the damage was not caused to the participant intentionally or through gross negligence, or if the tour operator is responsible for damage incurred by the participant Damage is solely responsible due to the fault of a service provider.


If the trip is not provided in accordance with the contract, the customer can request redress. However, the customer is obliged to immediately notify the tour operator of any travel defects that have occurred. If he culpably fails to do so, there will be no reduction in the travel price. This only does not apply if the advertisement is clearly hopeless or is unreasonable for other reasons. The customer is obliged to immediately notify the tour guide at the holiday destination of his complaint about defects. If there is no tour guide at the holiday destination, any travel deficiencies must be reported to the tour operator at their headquarters. The customer will be informed about the availability of the tour guide or tour operator in the service description, but at the latest with the travel documents. The tour guide is commissioned to remedy the situation if possible. However, it is not authorized to recognize customer claims. If a customer wants to terminate the travel contract due to a travel defect of the type described in § 615 c BGB according to § 615 e BGB or for an important reason that is apparent to the tour operator due to unreasonableness, he must first give the tour operator a reasonable deadline to provide remedial action. This only does not apply if remedy is impossible or is refused by the tour operator or if the immediate termination of the contract is justified by a special interest of the customer that is recognizable to the tour operator. The customer must inform the tour operator if he does not receive the required travel documents within the deadline communicated by the tour operator.


The traveler must assert claims due to non-contractual provision of the trip to the tour operator within one month of the contractually agreed end of the trip. The traveler's claims expire within one year, § 651m BGB. If the traveler has asserted such claims, the statute of limitations is suspended until the day on which ElementFish rejects the claims.


The traveler is responsible for complying with all regulations important for carrying out the trip. Travelers without German citizenship are required to obtain information about passport, visa and health regulations from the responsible consulate. If the traveler does not comply with the entry regulations of individual countries, or if a visa is not issued on time due to the traveler's fault, so that the traveler is therefore prevented from traveling, ElementFish can charge the traveler the corresponding cancellation fees. ElementFish strongly recommends taking out travel cancellation insurance, travel accident insurance and international health insurance. The customer will receive information about these insurance policies upon request.


ElementFish only provides services from other organizers, which are identified accordingly in the service description, with the result that the travel and business conditions of the respective third-party organizer apply. ElementFish is not liable for the provision of the service itself. Any liability in this case is governed by the provisions of these third-party organizers, which must be expressly pointed out to the customer and which must be made available to him upon request.


The participant agrees that they may be photographed and filmed at events and sporting activities during the trip and that this image material may be used as part of the marketing of ElementFish. ElementFish also points out that journalists may also accompany the trips for recordings and reports. An objection to the use of images must be submitted to ElementFish in writing.


The ineffectiveness of individual provisions of the travel contract or the general terms and conditions does not imply the ineffectiveness of the entire travel contract.


The traveler can only sue the organizer at its headquarters. For the tour operator's action against the traveler, the traveler's place of residence is decisive, unless the action is directed against registered traders or persons who have moved their place of residence or habitual residence abroad after conclusion of the contract or whose habitual residence is not at the time the action is filed is known. In this case, the location of the tour operator is decisive. In other cases, the statutory regulations apply.

Portuguese law applies.