General Terms and Conditions
These general terms and conditions (AGB) of the Tiki Project Development Society mbH - in the following contractor (AN), apply to all services of the company to the client (AG) - below - also referred to as customers.
§ 1 Scope
These general terms and conditions (AGB) between the Tiki Projektentwicklungsgesellschaft mbH - in the following contractor (AN), apply to the customer's services.
Changes to these terms and conditions are communicated to the customer in writing or in text form. If the client does not object to such changes within four weeks of receipt of the statement, the changes are considered agreed. In the event of amendment to the general terms and conditions, the client is pointed out separately to the right to object and the legal consequences of silence.
These terms and conditions apply exclusively; We do not recognize contrary or deviating conditions of the customer, unless we have expressly approved their validity in writing. These General Terms and Conditions also apply if the client is aware of the delivery without reservation or deviating from our terms and conditions of deviating conditions.
§ 2 Treaty
The contractor enables the customer to reserve stand-up paddling & canoe material and then to accept this at the locations provided free of charge and to use it exclusively on the local waters.
The customer can use the services via an online application provided by the contractor by manually entering the reservation or other activities related to the business.
Every person who is affected by the age of legal age nor physically or physically entitled to participation and rental is able to exercise SUP & canoe sports and in general water sports without danger for themselves and others. The use of the material provided under the influence of alcohol or other intoxicating agents is not permitted. Should customers consume alcohol before, during or after using the rented material, a tour or other events, do so at your own responsibility. This expressly excludes any liability by the contractor for the resulting damage.
The AN reserves the right not to start or cancel out the performance of drugs or other addictive substances under the influence of drugs or other addictive substances.
The prerequisites for the use of the rentable material is the ability to swim in the open water at least 25 minutes without aids. In the case of minors, the written consent of the legal representative is required. By booking the service, the customer declares that he meets these requirements. Entrepreneurial and private customers have to ensure that all other group members also have this personal suitability.
With the booking of the rental material, the customer confirms the "Ordinance on the Commercial Rental of Sports boats and their use on the inland navigation streets" and the "SUP water law" of the VDWS and follows them.
B2B customers appear as legally legal and economic persons. You can use the rent material for your purposes at the location.
§3 Customer Rights & Duties
The customer declares that they have informed himself about the local rules for the driving and use of the water areas and to consider them when using the rented material.
The customer undertakes to use the rented material only with a leash (leash) and with weather -appropriate clothing.
The customer refers to the use and the independent bringing of a proper rescue vest by the customer.
The material to be rented and the accessories are in a technically perfect and clean condition. Rental matters are to be returned by the customer in the same proper and clean condition.
The customer undertakes to check the material provided to him when assuming damage and to notify any damage in the protocol provided.
Damage caused by the customer must be displayed within 10 minutes in the protocol provided for this purpose as part of the handover or withdrawal, the customer is charged. Damage that goes beyond proper use and associated wear must be replaced by the customer within 8 days.
If parts of the equipment have been damaged or lost during a previous transfer and is not possible in good time by the contractor, the customer can only withdraw from the contract or assert a reduction if the material is affected in its use.
If rental material cannot be redesigned on time by fault of the customer, the right to compensation for use of € 5 per 15min of overdraft is charged to the customer. The customer is free to prove that damage has not occurred or only less.
The valuables brought with them are to be secured by the customer against loss and water damage. Equipment includes a waterproof pocket, it is splash -protected and waterproof with a short immersion. It must be folded 3 times for sufficient tightness and then closed with the three closures. Electrical devices are sensitive and should also be stowed in a waterproof box.
Use with animals is not permitted.
§ 4 Payment and withdrawal
A conclusion of a contract is concluded by a booking confirmation by email by the contractor. The contract is concluded exclusively in German and English. The contractual partner is: Tiki Projektentwicklungsgesellschaft mbH, An den Gärten 13, 14469 Potsdam.
The customer undertakes to pay the selected service using the online number methods offered. There is no right of return for the booked ticket in accordance with Section 312g (2) No. 9 BGB.
Resignation of both contracting parties due to weather conditions that counter the implementation of the performance (wind gusts over a thickness of 20 km/h, hail shower, cold slump) are discussed in advance as optional and can be carried out without consequences (costs).
§ 5 Liability
The services carried out at your own risk and risk of the customer are carried out at your own risk. The AN assumes no liability for damage, neither contractually nor non -contractual that arise in connection with the service to the customer or third parties. This also includes the transport of equipment. This does not apply to liability for the customer's, health and personal injury of the customer in the event of willful fault or gross negligence on as well as for other damage that can be attributed to intent and gross negligence from the AN.
If benefits cannot be provided for the reasons for the reason, which is liable to the full amount of the performance price. Any further liability is excluded.
The AG is liable for damage caused by the AN during the use of the service. In the case of grossly negligent or willful damage, the AG is also liable for consequential damage.
The AG releases the AN of all claims due to accidents, the violation of laws, regulations or other regulations in connection with the service by him or a third person.
In group bookings, the AG is liable with the liable participants. The AG is liable alone if the cause of the damage cannot be determined. Unless he shows that the damage was not caused or caused by the circle of customers.
The locker can then be assigned to the agreed booking time to another user who is entitled to open the locker.
The AG undertakes to inform itself about the respective local laws and regulations of the water chosen by it before using the rented material.
Customer claims for damages expire in one year after their creation. This does not apply to claims for damages due to intentional and grossly negligent breaches of duty as well as claims from unauthorized action.
The customer declares not to violate applicable law when using the rental object. In the event of violations, the customer releases the AN of each liability towards third parties.
§ 7 Place of performance, place of jurisdiction, effectiveness
The place of jurisdiction for all claims arising from the contractual relationship is, as far as permitted, Potsdam.
§ 8 Ineffectiveness of individual clauses
If individual of the above provisions are not valid by written agreement, the validity of the other provisions should not be affected.
§ 9 Act of Nature
If the processing of the contract is impossible through force majeure such as storms or the like, both parties can withdraw from the contract.