THE LEGAL THINGS ABOUT USING KiteBnB SITE
1 Scope, amendment of General Terms&Conditions
1.1 The General Terms and Conditions (GTC) below apply to the use of the platform www.kitebnb.com (also: “platform”) by Kitesurf Concierge Ltd., 20-22 Wenlock Road, London, England, N1 7GU . The site is the property of Kitesurf Concierge Ltd. and its licensors. By using the Site, you agree to these Terms.
1.2 “Users” within the sense of these General Terms and Conditions are natural and legal persons who have registered and whose registration has been confirmed by KiteBnB.
1.3 KiteBnB offers the usage of its platform, in particular the use of the database, solely on the basis of these Terms and Conditions.
1.4 By registering for or using our services, users consent to the validity of these General Terms and Conditions.
1.5 KiteBnB reserves the right to amend its General Terms and Conditions effective for the future if an adjustment is necessitated by economic or legal grounds. KiteBnB may at any time revise or modify these Terms by updating this posting. You are bound by such revisions and modifications so we encourage you to visit this page to review the most current Terms from time to time.
2 Performance by KiteBnB, performance by hosts
2.1 The platform is an online marketplace on which users can offer and rent apartments, houses, rooms and other accommodation or experiences (“accommodation”)
2.2 KiteBnB provides a booking platform and facilitates the provision of travel-related products and services by Service providers. on which users can communicate with each other and conclude agreements. KiteBnB itself does not offer any accommodation and is not a tour operator, it merely acts as an intermediary for the conclusion of agreements between users.
2.3 Agreement are concluded exclusively between the user providing the accommodation (“Host”) and the user renting the accommodation (“Guest”). KiteBnB itself is not a party to the agreements concluded between the website’s users. KiteBnB is entitled to act as a representative for the hos with the authority to conclude agreements and to conclude agreements on his behalf. However, the host and the guests are themselves responsible for satisfying their own contractual obligations. In the event of default, this must be negotiated between the users. KiteBnB saves and will transmit the contact data of both parties for this purpose.
2.4 KiteBnB does not examine the legality, accuracy or completeness of offers published on the platform or user content, and these do not represent the views of KiteBnB. KiteBnB is not responsible for third-party offerings or content.
2.5 Hosts can apply their own terms and conditions to the accommodation they are renting that do not affect the General Terms and Conditions of KiteBnB.
2.6 Host and guest are responsible for their adherence to the provisions governed by public law, including municipal codes regarding property rental.
3 Registration, realisation of the user agreement, contractual declarations
3.1 User registration is required for the use of KiteBnB’s offering. Registration requires that users accept KiteBnB’s General Terms and Conditions. The user agreement between KiteBnB and the user arises on receipt of the registration confirmation e-mail at the e-mail address provided by the user. There is no claim to the conclusion of such a user agreement.
3.2 Registration is available only to natural persons, legal persons and partnerships that are fully legally competent. The registration of a legal person or partnership may be performed only by a natural person with power of representation who must be named. When registering, only individual persons may be given as the owner of the user account (i.e. no married couples or families).
3.3 When registering, the user undertakes to provide accurate, up-to-date and complete information as required by the registration form, in particular first and last name, current address (not a PO box), a valid e-mail address and, where appropriate, the name of the company and an authorized representative. The data must be up-to-date and correct at all times. Multiple registrations under different member names are prohibited.
3.4 The user can receive contractual declarations at his stated e-mail address.
3.5 By approving the general terms and conditions, the user agrees to receive newsletters and similar information via e-mail. The user can revoke their consent at any time without any costs.
4 User obligations, user account, system integrity
4.1 The user is solely responsible for all content that he places on the platform. In his relationship to KiteBnB, he commits not to place illegal content on the platform and to refrain from actions that violate laws.
4.2 The host is responsible for ensuring that the accommodation he offers is described correctly and completely. He must provide the information in KiteBnB’s required fields at a minimum so that the accommodation and the offer are described with sufficient accuracy. In addition, the host is free to stipulate further conditions such as the amount of any deposit, the cost of final cleaning, cancellation options, etc. The various cancellation policies that can be agreed are available under cancellation policies. The user undertakes to keep the information in his user account up-to-date and accurate at all times, i.e. to correct it immediately in the event of a change. A user account cannot be transferred.
4.3 The user undertakes to use his user account himself only and to keep his password secret.
4.4 The user is liable to KiteBnB for all actions performed using his user account, unless the user is not responsible for the misuse of his user account.
4.5 Once the user is aware that third parties have access to his user data or have otherwise gained access to his user account, he must notify KiteBnB of this immediately. KiteBnB is entitled to then block the user account until the situation has been clarified.
4.6 Each user must independently verify the identity of his respective contract partner. KiteBnB accepts no liability for the accuracy of the user contact information entered on the platform.
4.7 The user undertakes to set up his systems and programmes in connection with the use of KiteBnB offering in a way that ensures that the security, integrity and availability of systems set up by KiteBnB to provide its services are not affected. Users must not block, rewrite, or modify content generated by KiteBnB or interfere with the KiteBnB offering in any other way that contravenes the purpose of the user agreement. KiteBnB is entitled to set up the required measures in accordance with section 12 as are necessary to ensure the system integrity of KiteBnB or third-party systems.
4.8 Users must not use addresses, contact data, or e-mail addresses that they obtain by using the website for any purpose other than for contractual communication. In particular, these data must not be forwarded to unauthorised persons or used to send advertising, unless the user in question has expressly granted his consent in advance.
4.9 The user absolutely must not send mass messages with the same content via the platform. Any spamming or similarly harassing action towards other users or third parties is prohibited.
4.10 Each user is himself responsible for archiving any information that can be viewed on the website and saved by KiteBnB that is required for the purposes of preservation of evidence, accounting, etc. on a storage medium independent of KiteBnB.
4.11 In the event of a violation of these General Terms and Conditions by a user, KiteBnB is entitled to exercise its virtual householder rights. KiteBnB can exclude the user in question from using its services, delete the content he uses, or take other measures within the meaning of section 12. KiteBnB will take legal action to exercise its legitimate rights to forbearance and compensation.
5 Handling of content and rights
5.1 Within the framework of the platform’s functionality, hosts can present to potential guests using a variety of media. Certain rules must be complied with to ensure that the various media are utilised legally so that neither the user nor KiteBnB can be made liable. These rules derive, for example, from laws protecting copyrights and brands in addition to these General Terms and Conditions.
5.2 KiteBnB saves for the user the multimedia content uploaded by him (images, text, etc.) or merely arranges the necessary memory space and access to it. Users themselves are therefore solely responsible for the multimedia content they upload to KiteBnB and indemnify KiteBnB against all third-party claims resulting from this. In particular, this indemnification also includes the costs of appropriate prosecution and legal defence.
5.3 Users will therefore ensure that the uploaded content does not violate applicable law or legal provisions, common decency, or in particular third-party rights (naming rights, personality rights, copyright, data protection rights, etc.). In particular, users undertake not to upload content that violates the terms of the Strafgesetzbuch (SGB – German Penal Code) or the Jugendmedienschutz -Staatsvertrag (JMStV – German Interstate Treaty on the Protection of Minors in the Media). The user also undertakes not to utilize content that is pornographic, glorifies violence, or is race baiting. This also applies to the sending of e-mails and other electronic communication media of the platform.
5.4 By uploading multimedia content, users transfer to KiteBnB a free, revocable, unlimited, non-local right of use that can be sublicensed to the multimedia content uploaded to KiteBnB by the user. In particular, the right of use comprises the right to process the multimedia content for the purposes of the platform and to make it available to the public offline, in printed or electronic form, by wired or wireless connection, in such a way that it is accessible to members of the public at places and times of their choosing, including playback on their chosen receiver terminal that allows online access, in particular stationary and portable computer and mobile handheld devices such as smartphones, tablets and similar equipment. The usage rights also include the right to integrate multimedia content, including advertising media, on websites from KiteBnB’s contractual partners.
5.5 The content offered via KiteBnB is protected by copyright. The platform is generally accessed and utilised individually by a natural person using a web browser. The use of technologies such as web spiders, crawlers, or similar programmes, the purpose of which is not just the indexing of content but also the mass accessing and saving of the platform’s content is prohibited. This also applies in particular to technologies that enable so-called screen scraping and other third-party services.
5.6 In the event of a violation of these prohibitions and the guidelines of these General Terms and Conditions, KiteBnB is entitled to refuse acceptance of content, to delete and block content immediately and to delete the pages and links to them immediately. In such cases the user has no right to the restoration of his multimedia content on the internet platform or the release of his deleted user profile.
6 Availability and amendment of the website
6.1 The user has no legal claim to permanent use of the platform. In particular, KiteBnB is not required to ensure that the platform is available or can be reached at all times. However, KiteBnB endeavours to maintain operation of the platform with as few disruptions as possible and to continue to develop it in line with user requirements.
6.2 KiteBnB can temporarily restrict use if this is necessary in terms of security, integrity, capacity limits, or the performance of technical measures (maintenance work). In particular, KiteBnB will take users’ legitimate interests into account by notifying them in advance.
7 Liability for third-party sites
7.1 The platform’s pages also include links to websites on the Internet maintained by third parties, the content of which is not known to KiteBnB. KiteBnB merely provides access to the websites and accepts no responsibility for the content. The links to third-party Internet sites merely serve to facilitate navigation. KiteBnB does not espouse the views expressed on the sites to which it links, and rather hereby expressly distances itself from all content on all websites that it links to on its platform.
7.2 The owners of the Internet sites to which the KiteBnB platform hyperlinks are solely responsible for both their content and the goods or services offered for sale there.
8 Booking process, payment, invoicing
8.1 By listing an accommodation on the KiteBnB website, the host is issuing an invitation to submit offers. Another user can submit an offer to conclude agreement for this accommodation. The agreement arises if the host accepts this offer within 24 hours in a manner intended by KiteBnB. Otherwise, the other user is no longer bound to his offer.
8.2 Cancellations are considered to be withdrawals before the planned check-in. One of the options shown under Cancellation Policies can be agreed. Refunds required as a result will be paid by KiteBnB to the user using the same channel chosen by him within the meaning of section 8.4.3.
8.3 The host must ensure that:
8.3.1 the description of the accommodation and the images used do not violate the law or third-party rights and that they relate only to the accommodation on offer.
8.3.2 successfully booked accommodation is indicated accordingly.
8.3.3 information uploaded does not constitute references to third-party content.
8.3.4 he complies with public law regulations, particularly those for payment, factoring and tax law obligations, which may also include any obligations under sales tax law or indirect tax obligations. The host will be solely responsible of the obligations and duties of the offer content. KiteBnB is entitled to verify the offer of the users and ask for the corresponding proofs.
8.4 The payment process shall take place under the following provisions:
8.4.1 The agreement arises by way of a total price shown at the end of the booking. This consists of the rent and the processing fee, which comprises an administration component and a property-based component determined by the rent. After a booking has been made, KiteBnB notifies users of its content and the total price.
8.4.2 KiteBnB is entitled to change the amount of processing fees at any time. This does not apply to agreements already concluded. The host will be notified of the amount of the processing fee by e-mail in a timely manner together with the booking inquiry.
8.4.3 The guest must pay the total price shown in the booking, possibly in several instalments, by way of the channel chosen in the booking process. KiteBnB receives the money from the guest on behalf of the host and holds it for the host in a non-interest-bearing trust account. If debt collection is unsuccessful, the guest must reimburse any additional costs incurred. This does not apply if the guest is not responsible for the failure of debt collection.
8.4.4 On conclusion of the booking process, the guest instructs KiteBnB to transfer the rent to the host after the start of his stay in the rented accommodation. If use of the accommodation is not transferred to the guest as per contractual arrangement, the guest has the right to revoke this instruction to KiteBnB. Instructions to KiteBnB must be revoked immediately stating grounds and using the contact form.
8.4.5 Users can offset KiteBnB processing fees against receivables only if these are due and have been legally established or are undisputed. Receivables cannot be transferred to third parties.
8.5 On request, the host must issue the guest with an invoice for the total price. On request, KiteBnB will issue the host with an invoice for the processing fee, in accordance with tax law provision.
8.6 Unless KiteBnB is notified otherwise, it is refutably assumed that the host operates in a business capacity and is aware of his resulting (sales) tax obligations and satisfies these accordingly. KiteBnB is entitled to demand corresponding evidence of the host’s business capacity.
8.7 The host reserves the right to additionally charge other on-site costs based on consumption and use (in particular: electricity, water, heating). The host must advise the guest that he has a basic right to charge these costs before concluding the agreement. Such costs are not taken into account in the calculation of the processing fee. This also applies to any security deposit.
8.8 Booking vouchers issued by KiteBnB can be used by guests to make bookings within set periods. Guests do not receive any payment.
8.9 Users are prohibited from circumventing the above booking and payment processes, in particular the processing fees.
9 Cancellation and Refund
9.1 If, as a Guest, you wish to cancel a confirmed Booking made via the Site, Application and Services, either prior to or after arriving at the Accommodation, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Accommodation Fees, Guest Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Guest Fee is non-refundable unless otherwise indicated in the cancellation policy selected by the Host.
9.2 If, as a Host, you cancel a confirmed Booking, you agree that KiteBnB may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a Booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking, or (iii) imposing a cancellation fee.
9.3 In certain circumstances, KiteBnB may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application and Services. KiteBnB may also determine, in its sole discretion, to refund to the Guest part or all of the amounts charged to the Guest in accordance with the Guest Refund Policy. You agree that KiteBnB and the relevant Guest or Host will not have any liability for such cancellations or refunds.
9.4 If you owe or agree to pay any amount via KiteBnB Payments to KiteBnB (whether as a result of your Bookings or actions as a Guest or otherwise), then KiteBnB Payments may (but is not obliged to) withhold the amount owing to KiteBnB from any payout amounts due to you as a Host, and use the withheld amount to setoff the amount owed by you to KiteBnB. If KiteBnB Payments does so, then your obligation to pay KiteBnB will be extinguished to the extent of the amount withheld by KiteBnB Payments, and KiteBnB will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail as provided to KiteBnB and/or KiteBnB Payments by you. Such communication may be made by KiteBnB, KiteBnB Payments or by anyone on their behalf, including but not limited to a third party collection agent.
9.5 If KiteBnB Payments is unable to collect any amounts you owe for a confirmed Booking or a Damage Claim, KiteBnB Payments may engage in collection efforts to recover such amounts from you. You hereby explicitly agree that all communication in relation to amounts owed will be made by electronic mail, as provided to KiteBnB and/or KiteBnB Payments by you. Such communication may be made by KiteBnB, KiteBnB Payments or by anyone on their behalf, including but not limited to a third party collection agent.Please note that KiteBnB Payments cannot control any fees that may be charged to a Guest by his or her third-party payment service provider related to KiteBnB Payments’ collection of the Total Fees, and KiteBnB Payments disclaims all liability in this regard. Whatever Payment Method you use may be subject to additional terms and conditions imposed by the applicable third-party payment service provider; please review such terms and conditions before using your Payment Method.
9.6 If KiteBnB decides for any reason that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application and Services pursuant to the KiteBnB Terms of Service or Guest Refund Policy, you agree that KiteBnB Payments and the relevant Guest or Host will not have any liability for such cancellations or refunds.
If, as a Host, your Guest cancels a confirmed Booking or KiteBnB decides that it is necessary to cancel a confirmed Booking, and KiteBnB issues a refund to the Guest in accordance with the Guest Refund Policy or other applicable cancellation policies, you agree that in the event you have already been paid, KiteBnB Payments will be entitled to recover the amount of any such refund from you, including by subtracting such refund amount out from any future Accommodation Fees due to you or by engaging a third party collection agent.
10 Travel insurance
Please note that it is your responsibility to arrange appropriate comprehensive travel insurance to cover risks including, but not limited to, medical treatment, accidents, repatriations and holiday cancellation/curtailment.
11 Security deposit
11.1 The host is entitled to charge a security deposit in his offer. If a host demands a security deposit from the guest on the day of arrival, corresponding information on the amount of the security deposit and the payment method must have already been mentioned in the offer. The amount of the security deposit will be reserved on the arrival day on the guests credit card.The reservation of the security deposit will be canceled the earliest seven days after departure as long as there are no host claims as described in 9.2.
11.2 The host is allowed to assign his claims in the event of damage in parts or in total by support of KiteBnB. KiteBnB provides a form for documentation of the damage event. After completion of the damage event form KiteBnB will debit the guests credit card and execute payout of security deposit towards the host within seven days. KiteBnB charges a fee for processing security deposit claims.
11.3 If the host did not mention the security deposit when advertising his accommodation, but demands a security deposit at a later time and the guet does not agree, this constitutes a refusal to render performance by the host under the agreed contract. In such cases, KiteBnB reserves the right to cancel the booking and to charge the host a cancellation fee.
11.4 KiteBnB is not responsible for any claims asserted by the host or any damages caused by the guest.
12 Passport and VISA requirements
All Guests must possess valid passports and any visas required. It is the sole responsibility of the Guest/Group leader to ensure that all Guests are in possession of all requisite travel documents (passport, Visa, etc.) at the commencement of travel and that all Guests fulfill the health requirements.
13 Duration, termination
13.1 The user agreement is concluded for an indefinite period.
13.2 The user can terminate it at any time without notice. A declaration of termination to KiteBnB in written form (e.g. letter, fax, e-mail) is sufficient. User’s agreements with other users that have already been proven or arranged remain unaffected by the termination of the agreement. This applies accordingly to claims for the payment of processing fees already due.
13.3 KiteBnB can terminate the user agreement at any time with two weeks’ notice.
13.4 This does not affect the right to block, the right to terminate for just cause or individually agreed rights of termination of the user. In particular, KiteBnB has just cause if:
13.4.1 The user does not comply with a not merely insignificant payment obligation in full or in part, despite having been sent a reminder with an appropriate deadline;
13.4.2 The user violates his obligations under these General Terms and Conditions and does not take remedial action despite having been sent a reminder with a timely deadline. A reminder is not needed if this is not expected to be successful or if the breach is sufficiently severe that it would be unreasonable for KiteBnB to maintain the agreement. Furthermore, the severity of the offence can also result from the fact that the user has already been warned several times for similar violations;
13.4.3 Requirements of law, a court, or an official authority mean that the use of the platform can no longer be offered in this form;
13.4.4 KiteBnB discontinues its platform or business activities;
13.4.5 Insolvency proceedings are initiated for the user’s assets owing to a lack of funds.
14 Measures in the event of illegal conduct and/or conduct in breach of contract by the user
14.1 If there are specific indications that a user is culpably violating legal provisions, thirdparty rights, or the General Terms and Conditions or if KiteBnB otherwise has a legitimate interest, particularly with regard to protecting its users against fraudulent activities, KiteBnB can take one or more of the following actions subject to termination without notice:
14.1.1 Issue the user with a warning;
14.1.2 Delete the user’s offers or other content;
14.1.3 Restrict the user’s use of the website;
14.1.4 Temporarily or permanently exclude (block) the user from the website;
14.1.5 Contest and cancel existing agreement in the name of the provider without taking into account the otherwise applicable cancellation policies, and reject the user’s offers for the conclusion of an agreement in the name of the provider.
14.2 KiteBnB also takes the legitimate interests of the user in question into consideration when choosing these measures.
14.3 Agreements that have already been concluded between the user and other users are not affected by deletion of an offer. This applies accordingly to claims for the payment of processing fees already due. An effective agreement does not arise if KiteBnB deletes an offer before it is accepted by a user.
14.4 KiteBnB reserves the right to block a user in any of the following cases, taking the legitimate interests of the user into account. KiteBnB has the right to block a user when:
14.4.1 the user has repeatedly received negative reviews in the review system as per section 10 and must be blocked to protect the interests of other market participants;
14.4.2 the user has provided incorrect contact information in his user account, in particular an incorrect or invalid email address;
14.4.3 a user account is transferred to another party;
14.4.4 the user significantly harms other users, in particular if their accommodations and/or furnishings are damaged, destroyed, stolen, etc.;
14.4.5 there is just cause due to similar risk and responsibility of the user.
12.4.6 a user shows a capture rate that is significantly lower than the average rate and an improvement cannot be predicted.
14.5 After a user has been permanently blocked by KiteBnB, he is not entitled to have the blocked user account or the reviews profile restored. The user will also no longer be permitted to use the website with other user accounts or to re-register.
15 Indemnification and Liability
15.1 You agree to defend, indemnify and hold harmless KiteBnB and its affiliates and their respective directors, officers, employees and agents from and against all demands, losses, liability, claims or expenses, including attorneys’ fees, made against KiteBnB by any third party due to or arising out of or in connection with your use of the Site.
15.2 KiteBnB is not liable for the availability of the travel-related product or service at the time of booking.
15.3 The Host will not be liable to Guest for any business, financial or economic loss or for any consequential or indirect losses such as lost reputation, lost bargain, lost profit, loss of anticipated savings or lost opportunity arising as a result of this Agreement, the Accommodation or the rental (whether such loss arises as a result of the Host’s negligence or otherwise). This also includes any compensation for noise, inconvenience or nearby construction.
15.4 The Host ’s liability for all losses will be limited to the cost of obtaining replacement accommodation for the agreed Rental Period or the amount of the Accommodation Fees and charges payable by Guest, whichever is the higher amount.
16 Final provisions
16.1 KiteBnB is authorised to transfer its rights and obligations under this agreement in full or in part to third parties.
16.2 These Terms will be interpreted in accordance with German law. You agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by court in Germany only.
16.3 If the user is a consumer within the meaning of section 13 of the Bürgerliches Gesetzbuch (BGB – German Civil Code), this does not affect the mandatory consumer protection regulations in which the consumer is ordinarily resident.
16.4 If individual provisions of these General Terms and Conditions are or become wholly or partially invalid, the other General Terms and Conditions are still valid. In the event of such a provision being invalid, it shall be replaced by a legal provision.
16.5 All declarations to be sent in connection with the user agreement to be concluded with KiteBnB must be issued in writing or by email. The postal address and email address of a user are those that are stated as the current contact data in the user’s user account.
Your privacy is important to us. It is Kitesurf Concierge Ltd.’s policy to respect your privacy regarding any information we may collect from you across our website, https://www.kitebnb.com, and other sites we own and operate. KiteBnB reserves the right to amend its Policies effective for the future if an adjustment is necessitated by economic or legal grounds. KiteBnB may at any time revise or modify these Policies by updating this posting. You are bound by such revisions and modifications so we encourage you to visit this page to review the most current Terms from time to time.
Information we collect
When you visit our website, our servers may automatically log the standard data provided by your web browser. This data is considered “non-identifying information”, as it does not personally identify you on its own. It may include your computer’s Internet Protocol (IP) address, your browser type and version, the pages you visit, the time and date of your visit, the time spent on each page, and other details.
We may also collect data about the device you are using to access our website. This data may include the device type, operating system, unique device identifiers, device settings, and geo-location data. What we collect can depend on the individual settings of your device and software. We recommend checking the policies of your device manufacturer or software provider to learn what information they make available to us.
We may ask for personal information, such as your name and email address.
This data is considered “identifying information”, as it can personally identify you. We only request personal information relevant to providing you with a service, and only use it to help provide or improve this service.
How we collect information
We collect information by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used. You are free to refuse our request for this information, with the understanding that we may be unable to provide you with some of your desired services without it.
Use of information
We may use a combination of identifying and non-identifying information to understand who our visitors are, how they use our services, and how we may improve their experience of our website in future. We do not disclose the specifics of this information publicly, but may share aggregated and anonymised versions of this information, for example, in website and customer usage trend reports.
We may use your personal details to contact you with updates about our website and services, along with promotional content that we believe may be of interest to you. If you wish to opt out of receiving promotional content, you can follow the “unsubscribe” instructions provided alongside any promotional correspondence from us.
Data processing and storage
The personal information we collect is stored and processed in Germany, or where we or our partners, affiliates and third-party providers maintain facilities. We only transfer data within jurisdictions subject to data protection laws that reflect our commitment to protecting the privacy of our users.
We only retain personal information for as long as necessary to provide a service, or to improve our services in future. While we retain this data, we will protect it within commercially acceptable means to prevent loss and theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure, and cannot guarantee absolute data security.
If you request your personal information be deleted, or where your personal information becomes no longer relevant to our operations, we will erase it from our system within a reasonable timeframe.
Marketing Choices regarding your personal information
1. Where we have your consent to do so (e.g. if you have subscribed to one of our e-mail lists or have indicated that you are interested in receiving offers or information from us), we send you marketing communications by email about products and services that we feel may be of interest to you. You can ‘opt-out’ of such communications if you would prefer not to receive them in the future by using the “unsubscribe” facility provided in the communication itself.
2. You also have choices about cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. If you choose to reject cookies some parts of our Sites may not work properly in your case
KiteBnB Data Controller
For the purposes of applicable EU data protection law (including the General Data Protection Regulation 2016/679 (the “GDPR”), we are a ‘data controller’ of your personal information.
What is a cookie?
A cookie is a small piece of data that a website stores on your device when you visit, typically containing information about the website itself, a unique identifier that allows the site to recognise your web browser when you return, additional data that serves the purpose of the cookie, and the lifespan of the cookie itself.
Cookies are used to enable certain features (eg. logging in), to track site usage (eg. analytics), to store your user settings (eg. timezone, notification preferences), and to personalise your content (eg. advertising, language).
Cookies set by the website you are visiting are normally referred to as “first-party cookies”, and typically only track your activity on that particular site. Cookies set by other sites and companies (ie. third parties) are called “third-party cookies”, and can be used to track you on other websites that use the same third-party service.
Types of cookies and how we use them
Essential cookies are crucial to your experience of a website, enabling core features like user logins, account management, shopping carts and payment processing. We use essential cookies to enable certain functions on our website.
Performance cookies are used in the tracking of how you use a website during your visit, without collecting personal information about you. Typically, this information is anonymous and aggregated with information tracked across all site users, to help companies understand visitor usage patterns, identify and diagnose problems or errors their users may encounter, and make better strategic decisions in improving their audience’s overall website experience. These cookies may be set by the website you’re visiting (first-party) or by third-party services. We use performance cookies on our site.
Functionality cookies are used in collecting information about your device and any settings you may configure on the website you’re visiting (like language and timezone settings). With this information, websites can provide you with customised, enhanced or optimised content and services. These cookies may be set by the website you’re visiting (first-party) or by third-party service. We use functionality cookies for selected features on our site.
Targeting/advertising cookies are used in determining what promotional content is more relevant and appropriate to you and your interests. Websites may use them to deliver targeted advertising or to limit the number of times you see an advertisement. This helps companies improve the effectiveness of their campaigns and the quality of content presented to you. These cookies may be set by the website you’re visiting (first-party) or by third-party services. Targeting/advertising cookies set by third-parties may be used to track you on other websites that use the same third-party service. We use targeting/advertising cookies on our site.
Third-party cookies on our site
Our third-party privacy promise
We review the privacy policies of all our third-party providers before enlisting their services to ensure their practices align with ours. We will never knowingly include third-party services that compromise or violate the privacy of our users.
How you can control or opt out of cookies
If you browse websites from multiple devices, you may need to update your settings on each individual device.
Although some cookies can be blocked with little impact on your experience of a website, blocking all cookies may mean you are unable to access certain features and content across the sites you visit.
We encourage parents to engage with us in protecting their children’s privacy, ensuring a safe and enjoyable online experience.
Collecting information from children
At times, we may require information from children to enable participation in certain activities, for example, registering an account, customising a profile, or receiving notifications. When collecting non-personal information, we encourage children never to provide any details that may personally identify them or reveal their location. We do not require children to provide more information than is necessary to participate in an activity.
We do not use children’s contact details for marketing purposes, though we may use them for our internal marketing and research in order to improve the quality of products and services offered across our site.
In accordance with COPPA, if an activity does require any personal information (such as first name, last name, or email address), we will provide notice to and seek consent from a parent or guardian prior to collecting the information. We only retain collected information for as long as necessary to enable participation in the requested activity.
In the event we discover we have collected personal information in a manner non-compliant with COPPA, we will either delete the information or seek parental consent.
As a parent/guardian, if you believe your child is participating in an activity that collects personal information, and you have not received a notification or request for consent, please feel free to get in touch via our contact page https://www.kitebnb.com. We do not use parent contact details for marketing purposes unless marketing materials are explicitly requested.
Safeguarding children’s privacy
We take security seriously, and do what we can within commercially acceptable means to protect your child’s personal information from loss or theft, as well as unauthorised access, disclosure, copying, use or modification. That said, we advise that no method of electronic transmission or storage is 100% secure, and cannot guarantee absolute data security.
Information abuse and community misconduct
We do not tolerate doxing (publishing of private or personal information about an individual without their consent), cyberbullying, or other forms of information abuse on https://www.kitebnb.com.
If we discover that a child’s personal information has been disclosed on our site without the express consent of their parent/guardian, we will remove the content in question as quickly as possible and effect disciplinary measures (a warning, suspension or ban) on the offending account.
Third-party access to information
We do not knowingly disclose any personally identifying information or personal information provided by children to third parties. We may, however, disclose anonymised and aggregated versions of this information (analytics and statistics) for business, marketing or public relations purposes.
Parental controls and intervention
As a parent/guardian, you may at any time refuse to let us collect further information from your children for a particular activity or account. If you have given us consent previously, you may log in to your child’s account to review, edit or delete the information, or contact us via to request the removal of the information from our records.
Please be aware that the removal of certain information may result in the termination of the associated account, or withdrawal from the associated activity.