General Terms and Conditions

(As of January 2022)

1. Scope of application
   1. The services offered by the Provider at www.supana.org are based exclusively on the following General Terms and Conditions in the version valid at the time of booking.
   2. Our General Terms and Conditions apply exclusively. Terms and conditions of the customer which deviate from our General Terms and Conditions are not valid unless agreed to them.

1. Customer account
   1. The booking of credits, their administration and their use for booking SUP boards requires your registration as a user.Contact details and other information requested by the Provider during the registration process must be entered correctly and in full.
      Once all the information requested has been provided, the Provider will check them for completeness and plausibility. If the information is correct from the Provider’s point of view and there are no other concerns from the Provider’s point of view, the Provider will activate your request to access and will confirm by email.
   2. During the registration process, you will be asked to enter a username and password. You can use these data to log in to our website after your access has been activated. You are obliged to your access data, including your password, secret and to not make them accessible to third parties. If there are concerns that unauthorised third parties have gained access of the login details, the Provider need to be informed immediately.
   3. In accordance with the statutory provisions, you are responsible for all uses and/or other activities which are performed with your access data.
   4. It is your responsibility to keep your information (including your contact details) up to date. If there is a change in the information provided during the period of your participation, you must update the details from your personal settings in your online account. If you are unable to do so, please notify us about the changes to your information immediately via email or fax.
2. Contract
   1. The services which can be booked via our website represent a non-binding invitation to the customer to purchase credit or to use this time credit to rent Stand Up Paddle boards (“SUP boards”) and accessories for a selected period of time. By submitting the order (click on the “Book now” button) on our website, the Customer makes a binding offer to conclude a contract. The contract for the acquisition of time credits is concluded with the Provider. The contract for the rental of a SUP board for the period selected at the time of booking is concluded with the operator of the location selected at the time of booking.
   2. Confirmation of receipt follows immediately after placing the order and does not constitute acceptance of the contract. We can declare acceptance within five days by sending an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by you is decisive, or by asking you to pay after placing the order (e.g. for PayPal payment). If several of the above-mentioned alternatives apply, the Contract shall become binding at the time at which the first alternative occurs. If we do not declare acceptance within the aforementioned period, this is considered a rejection with the result that you are no longer bound by your declaration of intent.
   3. The confirmation of the receipt of the booking of rental times of SUP boards as well as the acceptance of the contract takes place immediately after sending the booking request by transmitting the access information to the Supana-Box.
   4. When submitting an offer via the Provider’s online order form, the contract text is saved by the Provider and sent to the customer in text form by email after submitting his order, along with these terms and conditions. In addition, the text of the Contract on our website is archived and can be accessed free of charge by the Customer using their password-protected customer account, specifying their login information, provided that the Customer has created an account with us before submitting their order.
   5. Before a binding order is placed via the Provider’s online order form, the customer can correct their entries using the usual keyboard and mouse functions. Furthermore, all entries before the mandatory delivery of the order will be displayed again in the confirmation window and can be corrected using the standard keyboard and mouse functions.
   6. The Terms and Conditions are only available in German and English languages.

4. Subject matter of the contract

(1) The Customer acquires time credit from the Provider with which he can rent SUP boards for the duration booked by the Customer via the Provider’s website for his self collection and self return at the SUP stations of the location selected during the booking. The rented item is provided exclusively for contractual use in the area of the SUP station, i.e. the SUP board may only be used within one kilometer of the SUP station unless otherwise agreed.

(2) The customer is obliged to return the SUP board and the accessories in the condition in which they were taken. The usual signs of wear and tear (e.g. scratches, decoloration) are not taken into account. Check the SUP board carefully when you take it out of the compartment and notify us if you notice any damage to the SUP board which goes beyond the usual signs of wear and tear (e.g. scratches, decoloration).

5. Right of cancellation

Consumers have a right of cancellation.

However, the right of cancellation does not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision.

According to § 312g para. 2 no. 9 BGB, there is therefore no right of cancellation for the booking and rental of SUP boards.

For the creation of time credits, consumers have a right of cancellation as described below:

Cancellation policy

Cancellation rights

You have the right to cancel this contract within 14 days without specifying a reason.

The cancellation period is fourteen days from the date the contract was concluded.

In order to make effective your right of cancellation, you must send a clear declaration (e.g. a letter sent by post, fax or email) to us (Supana Rent & Go GmbH, Holstweg 17, 14163 Berlin, Germany, info@supana.org) of your decision to cancel this contract. To do so, you can use the attached sample cancellation form, but this is not compulsory.

For compliance with the cancellation period, it is sufficient to send the notification that you are exercising your right of cancellation before the cancellation period expires.

Consequences of cancellation

If you choose to cancel this contract, we shall refund all payments which we have received from you without delay, including shipping costs (except for additional costs arising in the event of selecting a shipping method which is different from the most cost-efficient standard delivery offered by us), no later than fourteen days from the date on which we have received the notice of cancellation of this contract. The refund shall be issued using the same payment method which you provided for the original transaction, unless otherwise explicitly agreed with you; under no circumstances shall you be charged fees to process this refund.

If, during the cancellation period, you had already requested the commencement of the services, you will be required to pay an amount corresponding to the services already provided up to the date upon which you notified us that you are exercising your right of cancellation for this contract prorated to the total scope of the services provided for in the contract.

Cancellation form

(If you would like to cancel the contract, please fill out this form and send it back to us.)

To Supana Rent & Go GmbH in Gründung, Holstweg 17, 14163 Berlin, Germany, info@supana.org:

I hereby give notice that I/we (*) would like to withdraw from my/our (*) contract concluded for the purchase of the following products (*):

Ordered on (*)/received on (*):

Name of the Customer(s):

Customer address:

Signature of the Customer(s) (only if sent on paper):

Date

(*) Strike through if not applicable.

6. Rental period and handover

1. The Provider makes the SUP board available for collection at the selected/booked location and sends the information on how to access the storage compartment of the SUP station to the customer. The Provider does not owe any additional services.
2. The rental period begins when you take the SUP board out of the compartment and ends when you have put the SUP board and accessories back in the compartment and close the door.
3. The SUP board and the accessories are picked up and returned at the times selected by the Customer when booking. When the time has expired, the Customer must put the SUP board back in the compartment assigned to him in the booking confirmation in proper condition.
4. If the rental period is exceeded or not reached, time credit will will remain available for later booking or credited the overtime per extra minute.

7. Payment

1. The prices listed on our website at the time of booking apply. All prices include the German Value Added Tax.

2. The Customer purchases time credit on our website to pay the rental price. The selected time credit is paid in advance and is possible with PayPal or by credit card. When selecting the “PayPal” payment method, the payment is processed by the payment service provider PayPal (Europe) Sàrl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full.

The acquired credit remains valid for 12 months. The specifically time booked for the SUP board is deducted from the overall credit. If the Customer does not use up the credit within these 12 months, he can request a chargeback to the same payment method at any time via his customer account.

8. Customer’s duty of care

During the rental period, the Customer is responsible for the SUP board and the accessories and, during this time, is obliged to:

• observe the usage and safety instructions of the Provider and the site operator when using it;
• apply reasonable care and expertise when using the SUP board;
• only use the SUP board in accordance with the safety regulations on site;
• Do not remove, change or make illegible identifications of the rental object, in particular signs, numbers or inscriptions;
• Do not leave the SUP board unattended when not in use;
• stop using the SUP board as soon as possible if the weather or water conditions require it or if he discovers a defect on the SUP board and to notify us immediately of this defect;
• notify us immediately if he has been involved in an accident or damage with the SUP Board, even if no third party was involved.

9. Right of cancellation

The customer can cancel the booking at any time by putting the SUP board and accessories back in the compartment and cancelling his credit for the specific booking via the booking display (My Bookings). Any time which has already been used since collection is deducted and the time not used is credited back to the Customer’s time credit.

10. Rights of the Customer with regard to Defects

(1) The Customer receives the rental item in a condition suitable for use in accordance with the contract and carries out the necessary operations. The corresponding measures required for maintenance and repair work are carried out regularly and when defects or damage occur.

(2) The Customer must immediately notify the Provider of any defects, malfunctions or damage.

(3) In the event of defects, the Customer can take another SUP board from another compartment after notification of the defect to the Provider. If no other SUP board is available, the Customer will be credited with his booked time credit by making use of his right of cancellation as described under point 9.

11. Limitations of Liability

(1) Within the framework of the statutory provisions, the Provider has unlimited liability for damage

(a) arising from injury to life, body or health caused by intentional or negligent breach of duty and, accordingly, intentional or negligent behaviour of the Provider, his legal representatives or vicarious agents;

(b) due to the absence or loss of a warranted property;

c) due to intentional or negligent breach of duty and, accordingly, intentional or negligent behaviour by the Provider or one of his legal representatives or vicarious agents.

(2) The Provider is liable, limited to replacement of the foreseeable damage typical of the contract, for damage which is based on a slightly negligent breach of essential contractual obligations (i.e. those obligations whose fulfilment enables the proper execution of the contract in the first place and whose compliance the Customer may normally rely on) by the Provider or one of his legal representatives or vicarious agents.

(3) The above provisions apply mutatis mutandis to the liability of the Provider with regard to the reimbursement of wasted expenses.

(4) Liability according to product liability regulation remains unaffected.

12. Other agreements

(1) Changes or additions to these GTCs must always be in writing to be effective.

(2) Should a provision of these GTCs be or become ineffective in whole or in part, or should these terms and conditions contain a loophole, this shall not affect the legal validity of the remaining provisions.

(3) The contracts concluded between the Provider and the Customer are subject to the substantive law of the Federal Republic of Germany.

13. Information on online dispute resolution / consumer arbitration

The EU Commission provides an online platform for online dispute resolution at the following link: http://ec.europa.eu/consumers/odr

This platform serves as a focal point for the extra-judicial settlement of disputes arising from online sales or service contracts, in which a consumer is involved. The Provider is neither willing nor obliged to participate in a consumer dispute resolution procedure in accordance with the VSBG.

You can find our email address in the heading of these GTCs.