§1. Area of application

(1) We, Surftown GmbH, Lilienthalstr. 12, 85399 Hallbergmoos (hereinafter referred to as "Surftown", "Lessor", "we" or "us"), also offer you the opportunity to rent surf and body boards, wetsuits, fins, leashes and other surf accessories as well as surfskate boards and accessories (hereinafter referred to as "Rental Equipment") during your visit at our surf park. This requires legal rules, which are set out in these rental conditions (hereinafter referred to as "Rental Conditions").

(2) These Rental Conditions apply to all rental contracts for Rental Equipment concluded between you and us, the rental company. These Rental Conditions do not apply to ticket purchases and the booking of surf sessions or to the purchase of goods in our surf store or in the gastronomy. There are separate general terms and conditions for these.

§2. Conclusion of contract

(1) If you rent Rental Equipment from us, the rental contract is always concluded with us, Surftown GmbH.

(2) You can make us an offer to conclude a rental contract at any time during the opening hours of the surf rental. If we accept your offer either by handing over the Rental Equipment to you or by an express declaration of acceptance, the contract for the rental of the Rental Equipment is bindingly concluded by you.

(3) The rental contract is also concluded if you make a reservation request for Rental Equipment via our website and we confirm it. Please note that you can only select one category of Rental Equipment via our website and that the specific rental item will only be determined when the Rental Equipment is handed over to you at our surf rental. We are entitled to refuse your reservation request without giving reasons.

§3. Rental period, issue and return of Rental Equipment

(1) The rental period is specified in the rental contract when booking online via the website www.surftown.de or in the event of spontaneous rental in our surf rental on site. An extension of the rental period is only possible by prior arrangement.

(2) We reserve the right to charge an additional rental fee for late return.

(3) We will only hand over Rental Equipment that is in perfect condition and complete. We will check the condition and completeness of the Rental Equipment together upon handover. If you discover after receiving the Rental Equipment that something is missing or not in perfect condition, you can exchange the Rental Equipment at any time. If there are defects in the Rental Equipment that are relevant to safety (e.g. cracks or sharp edges on the surfboard or fins, loose fit of a fin, incorrect length, lack of strength or malfunction of the Velcro fastener of the leash), you are obliged to exchange the Rental Equipment in question. We have also set out rules on this in §10(8) of our surf park regulations (surftown.de/en/park-regulations), which you must adhere to.

(4) The Rental Equipment must be returned complete and in perfect condition at the agreed time.

§4. Reservation and rental conditions

(1) The rent is valid for the entire duration of the rental period regardless of external influences, weather conditions or the operation of the facilities required for the use of the Rental Equipment (e.g. wave generator, surfskate ramp).

(2) With your rental request, you provide us with the relevant data for selecting the right Rental Equipment. If you wish to rent the Rental Equipment but not use it yourself, please inform us of this before concluding the rental contract and provide us with the personal data of the actual user required for the issue of the Rental Equipment (e.g. name, address, date of birth, height, weight, sporting ability in relation to the Rental Equipment).

(3) If the Rental Equipment consists of textiles, we will clean them after each use. Soiling that can be removed by simple cleaning – as well as minor, easily repairable damage – will not be charged separately.

(4) If you have booked more than one surf or bodyboard session on the same day, you have the option of swapping your surfboard or bodyboard once for another surfboard or bodyboard free of charge. It is not possible to make a reservation for this. If you would like to take advantage of this option, please contact a member of our surf rental team.

§5. Rental price and terms of payment

(1) The rental price is agreed before the start of the rental period and must be paid when the Rental Equipment is handed over to you using the accepted payment methods. If we charge an additional rental fee, this is due upon return of the Rental Equipment.

(2) We only accept the digital payment methods EC card, credit card and payment functions of smartphones (GooglePay and ApplePay). We do not accept cash, PayPal or other payment methods not expressly stated by us.

§6. Security deposit

(1) The Rental Equipment is handed over without a deposit. The members of our team are entitled to charge a deposit in individual cases. The amount of this deposit will be agreed individually. We are also entitled to have an identification document presented to us and deposited with us as security until the Rental Equipment is returned.

(2) Any deposit paid in individual cases will be refunded in full upon proper return of the Rental Equipment in perfect condition and any identification document deposited will be returned.

§7. Obligations of the tenant

(1) You are obliged to treat the Rental Equipment with care, to use it only as intended and not to leave it unattended. In particular, you may not take the Rental Equipment outside the surf park premises or leave it to persons other than the users specified by you.

(2) You are also obliged to immediately report any defects or damage, in particular in the event of breakage (snap) of a surfboard or bodyboard, as well as the loss or theft of the Rental Equipment.

(3) You are liable for all damage caused by improper use, theft or loss of the Rental Equipment. This applies in particular if you do not observe the rules of the surf park regulations (surftown.de/en/park-regulations).

In the event of culpable breakage (e.g. if the board is used at too high a risk, you do not jump off in time at the end of the wave or the board "thunders" against the wall), loss or theft, you must pay us a deductible in the following amount (gross) within 48 hours:

(4) You are not authorized to make any changes to the Rental Equipment, such as labeling it or attaching stickers.

(5) In the event of early return, you are not entitled to a pro rata refund of rental costs already paid or owed.

(6) By submitting your reservation request, you declare that all your personal details and those of the users named by you are true and correct. You are obliged to inform us immediately of any changes to the data. We reserve the right to carry out ID checks, in particular to verify the legitimacy of discounts, e.g. for children and young people.

§8. Liability for damages

(1) We shall be liable to each other 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 fulfillment 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, liability is limited to foreseeable damage typical for the contract, unless a case of letter (a) or (b) exists at the same time. Otherwise, liability is excluded, irrespective of the legal grounds; this applies in particular to strict liability for defects in the Rental Equipment upon conclusion of the contract.

(2) Insofar as 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. §8(1) shall not apply in this respect.

(3) Claims arising from the Product Liability Act remain unaffected. §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.

(4) This §8 also applies to any liability of our legal representatives, employees and freelancers.

§9. Right of revocation

(1) A right of revocation only exists if required by law.

(2) If you have concluded the rental contract for your Rental Equipment with us via our website 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 rented your Rental Equipment for a specific day or have selected a specific day for your Rental Equipment rental after the reservation request for your Rental Equipment.

(3) Your right of revocation also expires if we have handed over the Rental Equipment to you and this has only taken place after you have given your express consent and at the same time confirmed your knowledge that you lose your right of revocation upon complete fulfillment of the contract by us (§ 356 para. 4 sentence 1 BGB).

(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 rental 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 e-mail (to [email protected]) of your decision to revoke. You do not have to give any reasons for this and to meet the deadline you only have to send the letter or e-mail in good time before the deadline expires.

Consequences of revocation

If you revoke the contract, the rental of the Rental Equipment will be canceled, and we will refund any rental price you have already paid 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.

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

§10. Data protection

(1) We collect and store the data necessary for the processing of the rental contract. When processing personal data, we observe the statutory provisions.

(2) Our data protection provisions, which we have set out in our privacy policy and which are available at surftown.de/en/privacy-policy, shall apply.

(3) You have the right to information about the data stored about you and, in addition, all other rights as set out in our privacy policy.

§11. Final provisions

(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).

(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 into the rental 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 the provision of the Rental Equipment and payments.

(3) Should any provision of these Rental Conditions and the other agreements made be or become invalid, this shall not affect the validity of the remaining provisions.

(4) Should the meaning of any provision of this English translation of our Rental Conditions deviate from the German language version or should any other difficulties of interpretation arise, the German text of our Rental Conditions and its interpretation shall prevail over this English translation.

Status: July 2024; subject to change.