TERMS OF SERVICE
Terms of Service
The following terms and conditions apply to the rental of boards, paddles, and accessories and to participation in the courses of the SUP Club Starnberger See.
Each guest must acknowledge the terms and conditions here or confirm for their child and thus that he/she can swim and paddles at their own risk: SUP Club Disclamer
General Terms and Conditions
1. Course participants and group of tenants
Anyone who is neither physically nor physically impaired is entitled to participate and rent the SUP sport (stand-up paddling), without danger to themselves and others. Prerequisite for participating in all SUP courses is the ability to swim outdoors for at least 5 min. without any tools. If this is not the case, the lender assumes no liability for resulting damages. For minors, the written consent of the legal representative is required.
2. Security/Conditions of Performance
- The instructor/lender must be followed. Eyewear must be protected against loss. In case of storm warning (flashing lights around the lake), the rental station must be padded immediately and the material returned.
- In the event of a health-endangering situation due to the weather conditions (storm, thunder, heavy fog, etc.), the lender is entitled to interrupt and cancel tours and training sessions. In this case, the tenant is not entitled to reimbursement of additional costs (travel, hotel accommodation, etc.). The tenant is obliged to return the rental property completely within the opening hours, even in the event of a sudden change in the weather.
3. Due Diligence
The safety and operational readiness of the SUP material is ensured by regular inspections. The tenant undertakes to treat the rented items with care. Damage and dirt caused by the tenant when used will be removed at his expense. The lender must be informed of existing damage before the rental. The lessee must return the rented property to the lessor completely and personally on the specified return date. In the interests of everyone involved, each participant/tenant is obliged to report any damage immediately. If the rental material is returned late, € 5 will be charged for every 15 min. or part thereof. These are to be paid directly on-site.
- As a training centre, the lender is not liable for physical and personal injury to the tenant, except in the case of intent and negligence. The lessor is only liable for other damages of the lessee in case of intent and gross negligence.
- The lessor assumes no liability whatsoever for lost or damaged valuables and wardrobe.
- The lessee indemnifies the lessor against claims by third parties due to accidents if the lessee caused these accidents intentionally or negligently. In addition, the lessee releases the lessor from all claims arising from the violation of laws, ordinances or other regulations in connection with the use of the rented items by him or a third person.
- After handing over the rental property, the lessee assumes liability for it and is obliged to compensate the lessor for material damage in the event of intentional or negligent behavior. If the lessee signs for several participants, he remains liable to the lessor for all points. In particular, he is jointly liable to the lender in accordance with the statutory provisions for the other participants.
- In the event of loss and/or damage to the rented property, the tenant and, if applicable, the user is jointly and severally liable if the legal requirements are met.
5. Obligations of conduct/rules of navigation
- Driving bans and private bids in areas of non-public land or bird/fish-protected areas must be observed. Meadows, pastures, and fields on the banks are partly privately owned and may not be entered. During stand-up paddling, the boards may only be left at public resting places.
- The consumption of alcohol, tobacco products, and narcotics of any kind is prohibited on board.
6. Cancellation policy
In the event that the paddling guest or the group or individual participants in the group cannot take part in the scheduled event despite weather approval from us, these cancellation periods and costs apply:
- up to 10 days prior to the event, no cancellation costs except for the system and processing costs of 8% of the sales value and an additional 3.5% of the sales value for PayPal repayment or reimbursement in the form of a voucher for the full value
- 9-3 days prior to the event – 60% of the total price
- from 2 days prior to the event or no-show 100% of the total price
The right of withdrawal cannot be used for purchases with a fixed date, in this case, tickets for a specific event. See the corresponding provision in the German Civil Code (§ 312g right of withdrawal paragraph 2):
Unless the parties have agreed otherwise, the right of withdrawal does not apply to the following contracts:
Contracts […] for the provision of other services related to leisure activities, if the contract stipulates a specific date or period for the provision.”
You agree to the terms and conditions when buying a ticket by ticking the appropriate box. A cancellation is actually not possible at all. However, as a gesture of goodwill, we have introduced the deadlines so that you can get a voucher when we have time to act.
Bookings for a fixed date are binding. The number of participants given to us for group bookings is also binding and will be invoiced. The right of withdrawal that exists in principle for online purchases does NOT apply to the purchase of tickets for events on a fixed date or in a certain period of time.
Such circumstances fall within the “general life risk” that everyone bears themselves.
However, our tickets are transferable. In this case, we ask for information.
The following applies to reservations/bookings: From two days before the booking date, you can assume a reasonably reliable weather forecast. If we are closed due to the weather, we will contact you (at least one day before by email) and the paddling guest can rebook to another date. For short-term information, we need a mobile number.
Reimbursement due to weather failure takes the form of a voucher that is valid for 3 years.
If you want a refund in the form of a cash back, you must notify us in writing via email to email@example.com. The system and processing costs of 8% of the sales value will be deducted and, in the case of PayPal refunds, an additional 3.5% of the sales value.
7. Salvage of the Rental Property
- If unforeseen circumstances occur that make it impossible to return the rented item on time, the renter is obliged to inform the lender immediately so that a simple and inexpensive solution can be found. If the lessor feels compelled to take back the rental material in whole or in part in order to safeguard his interests and/or to avoid possible damage/loss of material, even if this was not part of the agreement made, the lessee shall bear the costs for the associated measures in accordance with the following tarifs if he is responsible for the cost-triggering measures.
- € 70 per hour will be charged for salvage of the rental items and € 2 per kilometer for the vehicle plus the usual transport costs. The replacement of possible material damage is governed by paragraph 4 of this agreement.
Should one or more provisions of these terms and conditions be or become invalid, this does not affect the validity of the remaining conditions. The ineffective provision is to be replaced by an effective provision that comes as close as possible to the economic and legal will of the contracting parties.
9. Place of Performance
German law applies. The place of jurisdiction and fulfillment is Starnberg.