§1. AREA OF APPLICATION

1.1 With the purchase of your ticket for our surf park in Hallbergmoos, a contract is concluded between you (hereinafter referred to as "surfer" or "you") and us, Surftown GmbH, Lilienthalstr. 12, 85399 Hallbergmoos (hereinafter referred to as "Surftown", "we" or "us"). This requires legal rules, which are set out in these General Terms and Conditions (hereinafter "GTC").

1.2 These GTC apply to the purchase of your ticket via our online ticket shop at www.surftown.de or directly from us in Hallbergmoos at check-in. The GTC apply regardless of whether you come to us as a private individual or buy tickets from us as a company. You can also hire equipment for your surf day from us when you buy your ticket. Please note, however, that these GTC do not apply to the rental of equipment in our surf rental. They also do not apply to the purchase of goods in our surf store or gastronomy. There are separate general terms and conditions for the hire of rental equipment and the purchase of goods.

1.3 We sell our tickets and grant admission to the surf park only on the basis of these General Terms and Conditions in the version valid at the time of ticket purchase. Unfortunately, we are unable to accept any deviating general terms and conditions, even if we do not expressly object to their inclusion when the contract is concluded.

§2. CONCLUSION OF CONTRACT

2.1 In our ticket shop you will find a selection of different tickets that you can buy. We are not yet making you an offer to conclude a purchase contract.

2.2 You can initially place the tickets you want in the shopping basket of the ticket shop without obligation and correct your entries at any time before submitting a binding order.

2.3 Before you can send your ticket order, you must register with your personal details in our ticket shop. Once you have registered, a customer account with a central login will be created for you, which you can later use to book further goods and services from Surftown.

2.4 By submitting the order via the ticket shop by clicking on the correspondingly labelled button, you are placing a legally binding order with which you are making us an offer to conclude a purchase contract.

2.5 We will immediately confirm receipt of your order placed via our ticket shop by e-mail if you have specified your payment method when placing the order and we can collect the amount due. With our e-mail, we also declare our acceptance of your contract offer. A contract is only concluded between us when we accept your order by means of an express declaration of acceptance and by sending you the respective ticket.

2.6 We will send you the text of the contract (consisting of the order data and the valid GTC) on a permanent data carrier (e-mail) (contract confirmation) at the latest when the tickets are delivered. The text of the contract will be stored by us in compliance with data protection regulations.

2.7 If it is not possible to deliver the tickets you have ordered, for example because the relevant event is already sold out, we will not issue a declaration of acceptance. In this case, a contract will not be concluded. We will inform you immediately and refund any payments already received without delay.

2.8 If you purchase your ticket from us in the surf park at check-in, the contract is concluded when you submit an offer to purchase a ticket and a member of our team accepts your contract offer at check-in. In this case, we will register you with your personal data in our ticket store on site. Upon registration, a customer account with a central login will also be created for you at check-in, which you can later use to book further goods and services from Surftown.

2.9 Any resale of the purchased tickets without the prior consent of Surftown is prohibited, regardless of whether this is done for commercial, business or private purposes. Furthermore, Surftown reserves the right to exclude persons who violate the aforementioned prohibition from purchasing tickets in the future.

2.10 By registering, you guarantee that you are at least 16 years old. By ordering tickets, you ensure that you are at least 18 years old.

§3. SUBJECT MATTER OF THE CONTRACT

3.1 With the purchase of your ticket, you receive authorisation from us for access to the surf park at a time selected by you at the time of booking or later and the services that are granted for the ticket you have purchased. The description of the respective services and the conditions for their provision by us can be found in our ticket shop and at check-in in the surf park.

3.2 Our surf park regulations, which you can view at www.surftown.de/surfpark-regulations when you book your surf slot and to which we will also draw your attention in the surf park, also apply to your entry and the use of our surf park facilities.

3.3 Unfortunately, we can only grant you access to the surf park if you can present a valid ticket. If you have not purchased your ticket directly at check-in, you can print out your ticket purchased via our ticket shop and present it in legible form at check-in. Or you can save your ticket on your smartphone and show it to us at the entrance.

3.4 Please note that we can only grant you any discounts on the ticket price if the conditions for this are still met at the time you access the surf park. Otherwise, we must ask you to pay the difference at check-in so that we can grant you admission.

§4. RIGHT OF REVOCATION

4.1 A right of revocation only exists if required by law.

4.2 If you have purchased your tickets in our ticket shop privately, i.e., not as a company or for commercial or other professional purposes, you have a statutory right of revocation. Please note that according to § 312g para. 2 sentence 1 no. 9 BGB you are not or no longer entitled to revoke if you have purchased your ticket for a specific day or have selected a specific day for your (first) visit to the surf park after purchasing your ticket.

4.3 Your right of revocation also expires if we have granted you (first) entry to the surf park and this has only taken place after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of revocation upon complete fulfilment of the contract by us (§ 356 para. 4 sentence 1 BGB).

4.4 Your right of revocation is also subject to the provisions set out in detail in the following revocation policy

Right of revocation
You have the right to revoke the contract within fourteen days of concluding the contract. To do so, you must inform us by letter (to Surftown GmbH, Lilienthalstr. 12, 85399 Hallbergmoos) or email (to [email protected]) of your decision to revoke. You do not have to give any reasons for your revocation and only have to send the letter or e-mail in good time before the deadline expires.

Consequences of revocation
If you revoke the contract, your tickets will be canceled, and we will refund your ticket price as quickly as possible in the same way as we received your payment. You will not incur any costs for this.

Sample revocation form
If you wish to revoke the contract, you can use this sample revocation form and send it back to us.

4.5 If you do not have a right of revocation, you are not permitted to unilaterally cancel the purchase contract unless you are entitled to terminate the purchase contract on other legal grounds or have other rights to terminate the purchase contract.

§5. TERMS OF DELIVERY

5.1 If you have purchased your ticket via our ticket shop, we will send you the ticket as an attachment by e-mail in PDF format. You also have the option of downloading and printing the ticket via a direct download link, which will be displayed once you have completed the order process. You can also retrieve the ticket at any time in the login area after booking your surf slot.

5.2 You must have suitable software ready that allows you to open and print the files properly.

5.3 The ticket will not be sent by post.

5.4 The ticket will be sent immediately after confirmation of payment, but at the latest within 14 days of receipt of payment.

5.5 If tickets are lost, we will only provide the booked service if your identity can be clearly established and the ticket has not yet been used. You do not have a legal claim for the provision of the booked service.

§6. TERMS OF PAYMENT, OFFSETTING AND RIGHT OF RETENTION

6.1 The purchase price is due immediately upon conclusion of the contract.

6.2 You can use all payment methods offered in our ticket shop, in particular EC card and credit card. At check-in we also accept payment functions of smartphones (GooglePay and ApplePay). We do not, however, accept cash, PayPal or other payment methods not expressly stated by us.

6.3 You may not offset against our claims unless your counterclaims have been recognised by declaratory judgement or are undisputed. You are also entitled to offset against our claims if you assert notices of defects or counterclaims from the same contract.

6.4 You may only exercise a right of retention if your counterclaim arises from the same contract.

§7. GUARANTEE

7.1 The statutory provisions shall apply to the warranty for defects. Insofar as the law provides for claims due to defects, these shall become time-barred one year after the start of the statutory limitation period, with the exception of claims due to fraudulent concealment of a defect and claims for damages due to defects. For claims for damages due to defects, clause §8 applies.

7.2 We do not assume any warranty for the services of third-party companies that we merely procure. Your warranty rights against the respective third-party contractor remain unaffected by this.

§8. LIABILITY FOR DAMAGES

8.1 We are liable to you in accordance with the statutory provisions for (a) damages resulting from injury to life, body or health caused by an intentional or negligent breach of duty; (b) other damages resulting from an intentional or grossly negligent breach of duty; and (c) other damages based on a slightly negligent breach of an obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (so-called "cardinal obligations"). In the cases of letter (c) however, our liability is limited to foreseeable damage typical for the contract, unless a case of letter (a) or (b) exists at the same time. Otherwise, our liability is excluded, irrespective of the legal grounds; this applies in particular to strict liability for defects in a rental object upon conclusion of the contract.

8.2 If we have assumed a separate guarantee or other strict liability, the conditions of the respective guarantee or assumption of liability, or alternatively the statutory provisions, shall apply to damages arising from the breach of the guarantee or assumed liability. Clause 8.1 shall not apply in this respect.

8.3 Claims arising from the Product Liability Act remain unaffected. Clause 8.1 shall not apply to these claims. The same applies to claims arising from other laws which expressly stipulate that the liability regulations cannot be deviated from in advance.

8.4 This clause §8 shall also apply to any liability of our legal representatives, employees and freelancers.

8.5 The instructions of the surf park staff must be followed at all times within the surf park and in particular at and in the wave pool in order to ensure safety. This applies accordingly to events organised by us.

§9. APPLICABLE LAW AND PLACE OF JURISDICTION

9.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

9.2 The exclusive place of jurisdiction is the registered office of Surftown GmbH, provided that you are a merchant, a legal entity under public law or a special fund under public law. If you have entered the contract as a consumer with habitual residence in the EU, the applicable statutory provisions shall apply to the place of jurisdiction instead. Hallbergmoos is agreed as the place of performance for deliveries and payments.

9.3 The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: ec.europa.eu/consumers/odr/main. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

9.4 Should any provision of these terms and conditions and the other agreements made be or become invalid, this shall not affect the validity of the remaining terms and conditions.

9.5 Should the meaning of any provision of this English translation of our terms and conditions deviate from the German language version or should any other difficulties of interpretation arise, the German text of our terms and conditions and its interpretation shall prevail over this English translation.

Status: July 2024; subject to change.