General terms and conditions

Urban Surf Solutions Ltd.

SCOPE

  1. The present General Terms and Conditions ("GTC") apply to the participation in a UP STREAM SURFING Session ("Surf Session") as well as all other services (provision of equipment, booking function, info, videos, pictures, user account, online payment, e-mail system, vouchers) which are offered by Urban Surf Solutions GmbH ("Organizer", imprint see footer) and can be booked by users ("User" or "Participant", each denoting the female and male form) online at the domain www.upstreamsurfing.com ("Platform") or can be booked directly with the organizer as well as for vouchers. These include in particular the following offers ("course offer/course offers"): Surf sessions, use of various UP STREAM SURFING infrastructure and equipment.
  2. Any violation of the GTC may result in the blocking or deletion of the account and/or exclusion of the user from the platform at the discretion of the organizer. Furthermore, the organizer is entitled to terminate the contract with the user extraordinarily. Claims of the affected user against the organizer as a result of such a measure are excluded.
  3. Supplementary, deviating or conflicting general terms and conditions or other contractual provisions of the user (regardless of their form) shall not become part of the contract and are hereby expressly rejected. Any ancillary agreements require written confirmation by the organizer in order to be valid.

PLATFORM, USER ACCOUNT

  1. The surf sessions can be viewed online by users and website visitors and can be booked by users after setting up a free customer account ("account") or without creating an account.
  2. The provision of certain data is mandatory for booking surf sessions and creating an account. During the creation of an account, the user will also be asked to choose a password for future access to the platform.
  3. The user is responsible for ensuring that the data provided is complete and correct at all times and must update the data if necessary. The User is also responsible for keeping the password for access to the Platform secret and not disclosing or making it available to third parties. The organizer assumes no responsibility or liability in connection with insufficient security of a chosen password, loss or misplacement of the password, misuse or the like.
  4. The Account and/or the User's rights in connection with the Platform and transactions processed within the framework of the Platform are not transferable. The Account may only be set up by natural persons and its access data may not be passed on to third parties, regardless of whether this is done commercially or non-commercially. It may not be used for purposes that violate applicable law. Automatically generated registrations, multiple registrations or spam registrations are not permitted. The organizer expressly reserves the right to reject, block or delete such accounts. Claims of the affected user against the organizer as a result of such a measure are excluded.

 

RIGHTS TO THE PLATFORM, LICENSE

  1. The Organizer grants the User a limited, personal, non-exclusive, non-transferable or licensable license, revocable at any time, to use the Platform in accordance with these GTC.
  2. The platform contains elements and content that are or may be protected in favor of the organizer or its partners / cooperation partners (such as under copyright / ancillary copyright law, trademark law, patent / utility model law, design patent law, competition law or by other standards). The organizer and its partners/cooperation partners expressly reserve all rights thereto. The use of these elements and contents (in whole or in part) beyond the usual and necessary use of the platform by the user, as well as in particular their reproduction or "reverse engineering", is not permitted without the prior written consent of the organizer. This applies in particular, but not exclusively, to the software and its source code (with the exception of any open source elements), know-how, trademarks, names and marks, content, layout, design and interface of the website and the platform, databases, videos, photographs, texts and graphics. In particular, the User is not permitted to use the Platform or elements contained therein for the creation or addition of his own database or similar uses.
  3. The organizer guarantees the best possible availability of the platform within the framework of reasonable and customary technical standards, but does not assume any warranty or liability for the correctness, completeness, a certain property, suitability or fitness at any time, the uninterrupted or error-free availability or the possibility of access, transmission, hardware, software or network errors, errors (in particular, but not exclusively, concerning stated prices/fees and data for surf sessions and course offers) or a certain success. The organizer is not liable for impossibility of performance due to force majeure or as a result of disturbances from the area of responsibility of the user or third parties.
  4. Any content entered by the user on the platform may be further used by the organizer. With the transmission / provision, the user grants the organizer free of charge the non-exclusive right, unlimited in time, space and content, to use this content in all currently known and future types of use in all media in any type of procedure and number. This includes in particular, but is not limited to, the right to reproduce, store, distribute, rent/lend, display, broadcast, publicly reproduce and perform this data and information (and/or parts thereof), to make it available to the public (wireless or wired) as well as to combine (synchronize) it with works of the same or a different kind, to edit, adapt and shorten it in an all-encompassing manner, to divide and change it and to use this editing in the aforementioned ways.
  5. The user represents and warrants that this content has not been produced or made available in violation of applicable law or contractual provisions/restrictions, is completely free of third-party rights and that no third-party rights of any kind are violated by its transmission/provision. This includes in particular, but not limited to, intellectual property rights, personal rights, confidentiality interests and security rights. The user shall fully indemnify and hold harmless the organizer with respect to any third party claims in this regard.

COURSE OFFER, FEES, PROCEDURE

  1. The course offers are offered on the platform against payment, the respective prices stated on the platform apply. The prices are per person, including the fee for the rental equipment and the statutory VAT. The organizer organizes these course offers / surf sessions himself. Content, conditions, scope and further information regarding the course offers are announced on the platform within the scope of the course description and are bookable there for registered users. However, the user has no claim to a certain (minimum) number or scope of course offers or a certain type, form or quality of the course offer.
  2. The organizer is entitled to adapt, change and supplement the course offers on the platform and to announce these changes accordingly on the platform - this does not cause any change of the present GTC.
  3. The organizer acts as the organizer of the course offers. The contract is concluded by online booking. In the course of the booking, the total amount is due for payment immediately.
  4. As far as changes occur in relation to an already booked surf session (such as postponements, cancellations, usage restrictions, etc.), the organizer will inform the user of this information at the latest 24 hours before the surf session is used.
  5. Some course offers can only be carried out under the condition of reaching a certain minimum number of participants. If the minimum number of participants is not reached, the organizer reserves the right to cancel the surf session / course offer. In such a case, any fees paid in advance by the user will be refunded.
  6. The safety of the surf sessions and the participants is a central concern for the organizer. Course changes/date changes due to unfavorable weather conditions remain reserved. If weather conditions, currents, the risk of increased flotsam, official measures or requirements, force majeure, safety reasons or other reasons make the surf session difficult or impossible, the organizer can cancel the session. In the event of such circumstances occurring beyond the control of the organizer, users who have already booked the respective course offer / surf session will receive a voucher for the use of an equivalent event from the course offer at a later date.
  7. Surf sessions can be canceled by the organizer after the start or changed in the sequence, if weather conditions, currents, the danger of increased flotsam, official measures or requirements, force majeure, safety reasons or other reasons require this. In the event of changes in the schedule, the organizer shall endeavor to offer a substitute service of the same value as far as possible or to continue the surf session immediately after the reason for the hindrance has ceased to exist.
  8. In the event of cancellation by the organizer for reasons other than those beyond its control, any fees already paid by users will be refunded.
  9. The following cancellation regulations apply to course offers bindingly booked by the user, which the organizer grants voluntarily, without acknowledging any legal obligation in this regard and revocable at any time:
  • free cancellation up to 30 calendar days before the start of the surf session;
  • Cancellation fee in the amount of 50% of the total price for the surf session in case of cancellation in the period of 30 - 14 calendar days before the beginning of the surf session;
  • Cancellation fee of 100% of the total price of the surf session for all later cancellations or no-shows on the day the surf session is taken.
  1. The organizer reserves the right to charge a processing fee of EUR 15.00 for changes of dates requested by the user. However, there is no legal claim to a change of date for reasons of planning security and the requirement of a minimum number of participants.
  2. The fees payable by the User can currently be paid using the following means of payment: Online payment (Paypal, credit card and voucher) and cash payment upon booking at the organizer's headquarters. If the organizer does not receive these fees in full (e.g. as a result of insufficient funds in the account, unjustified objection by the user to a credit card charge, etc.), the user shall, in addition to paying the (difference) amount, also reimburse the costs incurred as a result of this delay, including interest on arrears at the statutory rate. The organizer is authorized to charge a processing fee of EUR 5.00 per failed debit attempt, the organizer reserves the right to assert further claims, as well as the extraordinary termination for cause in repeated cases of default by the user.
  3. Non-existence of a right of withdrawal: The user is hereby expressly informed that the sports offers are "leisure services" in the sense of § 18 para. 1 no. 10 FAGG, which is why the user is not entitled to a right of withdrawal and rescission with regard to the individual bookings even if he is a consumer in the sense of § 1 KSchG.
  4. The user must carefully read the description of the course offer and the prerequisites required for it and ensure that he/she meets the prerequisites for it before making a binding booking or registration.
  5. The user is also obliged to take care of carrying the necessary equipment for the surf session (if specified in the description).
  6. The user is basically responsible for correctly assessing his own performance before and during the participation in the surf session and, if necessary, to inform the surf coach immediately about (health or other) restrictions, pain, problems or the like. This applies to known as well as spontaneously occurring circumstances.
  7. Participation in a surf session under the influence of drugs or alcohol as well as under the influence of psychotropic drugs is excluded. Participation is also excluded if the user suffers from high blood pressure, risks in the cardiovascular system, heart problems or epilepsy, pregnancy or the user had to undergo eye surgery before participation.
  8. Participation in the surf sessions requires in any case a very good general health and fitness. Participation is always at the user's own risk and responsibility. A certain increased risk of injury is generally to be expected during the surf sessions. The organizer recommends to discuss the (planned) participation also with a doctor and to obtain a medically sound opinion in advance.
  9. Participation is generally reserved for persons who have reached the age of 18. The booking/participation of minors requires a written declaration of consent from the parent/guardian.
  10. The organizer (as well as its organs, employees, representatives, agents or vicarious agents) are not liable to the user for lost property, damage to clothing, material or the like in the context of surf sessions.
  11. The user undertakes to comply with the conditions of participation and to strictly follow the instructions of the organizer, the surf coaches and assistants. For reasons of safety, also of the other users and participants in a surf session, it must be expressly reserved that the surf coaches on site, according to their own professional assessment, may, if necessary, terminate a surf session or refuse further participation to individual participants (for example in the case of problems, safety risks, insufficient own equipment, etc.). This is at the discretion of the surf coaches, claims of the affected user against the organizer or its agents as a result of such a measure are excluded.
  12. Part of each surf session is a briefing, which is conducted by the surf coaches. The participation in these briefings is mandatory and the announced instructions must be followed.
  13. When getting on and off the UP STREAM SURFING system and the surfboard, the user must exercise special caution, as slippery rocks and varying current conditions can cause the system to move away, increasing the risk of injury.
  14. When using the UP STREAM SURFING system, each participant must always keep a minimum distance of 10 meters from other people (e.g. swimmers, other participants), objects (e.g. boats), the shore or shoals.
  15. The existence of a valid health insurance of each participant is a prerequisite for participation, the organizer further recommends the conclusion of a suitable accident insurance.

GIFT VOUCHERS

  1. Experience vouchers" are also offered on the platform. These are personalized vouchers for services, which are individually compiled by the organizer in consultation with the user (e.g. several surf sessions) and sent to the user as a .pdf file via e-mail or by post (in which case additional costs are incurred for shipping).
  2. For the purchase of the "experience voucher" it is necessary to provide personal data.
  3. These vouchers can be given away or redeemed by the user himself.
  4. Cash redemption of the services securitized in the voucher is not possible (not even partially). Lost vouchers will not be replaced.
  5. These vouchers can be paid by credit card or PayPal. When paying by credit card, it is necessary to provide the name, credit card number, credit card expiration date and credit card security number.
  6. If payment is not made on time or in full, the organizer is entitled to withhold the voucher until payment is made in full.
  7. A voucher is valid for 36 months from the date of issue/order and can be extended once for 24 months within this period at the request of the user/holder. After that, the voucher can no longer be used.
  8. Non-existence of a right of withdrawal: The user is hereby expressly informed that the sports offers securitized in the vouchers are "leisure services" within the meaning of § 18 para. 1 no. 10 FAGG, which is why the user is not entitled to a right of withdrawal and rescission with regard to the individual bookings even if he is a consumer within the meaning of § 1 KSchG.

LIGHT PICTURES / VIDEOS

  1. Within the framework of the surf sessions, the organizer or on its behalf may take photographs and/or videos that can (recognizably) depict the respective participants. Should a participant not wish this, he has to inform the persons on site, in this case no photos/videos will be made or only those that do not show the respective participant.
  2. These photographs / videos may be used and exploited by the organizer in any way, in particular for the purpose of advertising its own offer. The participants give their express consent to this.

LIABILITY, WARRANTY

  1. The Platform is provided on an "as is" basis. The Organizer does not warrant or assume any liability for (i) any particular feature, suitability or fitness of the Platform, (ii) the uninterrupted or error-free availability of the Platform, the possibility of access or interaction, (iii) transmission, hardware, software or network errors, (iv) lost, damaged, incomplete, altered or delayed transmission of data, (v) attacks or access by unauthorized third parties within the Platform or from outside.
  2. The organizer reserves the right to interrupt the operation of the platform at any time and without prior notice, in whole or in part (such as for maintenance work, updates, etc.) or to discontinue it. The user can not assert any rights or claims against the organizer from a suspension.
  3. The organizer (as well as its organs, employees, representatives, agents or vicarious agents) shall only be liable to the user for property damage in the event of gross negligence or intent - irrespective of the legal grounds; liability for personal injury due to fault is not limited.
  4. The organizer (as well as its organs, employees, representatives, agents or vicarious agents) are not liable for a certain success or a certain result, which the user may hope for or expect from the surf session. It is expressly pointed out that the results and effects of the same course offer may well vary for different participants due to factors that cannot be controlled (such as physical condition, state of health, fitness).
  5. Insofar as a link is made on the platform to an Internet presence or an advertising presence of a third party (including the partners), the call, retrieval, content or use of this Internet presence is not the responsibility of the organizer, the organizer does not adopt it as its own and does not assume any guarantee or liability for such third-party offers or content.

DATA PROTECTION

  1. The processing of the User's personal data is carried out on the basis of the General Data Protection Regulation No 2016/679 ("GDPR") and the applicable national data protection standards, in particular the Data Protection Act.
  2. The responsible party within the meaning of Art. 4 Z 7 DS-GVO is the organizer (details - see imprint). The following personal data concerning the user may be collected and processed by the organizer in connection with the creation of a user account as a result of the user's input: (i) first and last name / company, (ii) address, (iii) email address, (iv) payment data (such as credit card details etc), (v) telephone number; (vi) date of birth, (vii) photographs/videos (if personal).
  3. By calling up or using the website / platform, the following (partly personal) data may also be transmitted to and processed by the organizer: (i) log files such as IP address, date and time of the call, information about the operating system used and the Internet browser, website from which access is made ("referrer URL") etc (ii) cookies, (iii) location-based information and information about the terminal device used (depending on the corresponding settings of the terminal device).
  4. A transfer of personal data to third parties does not take place (or exclusively in the context of contract performance in accordance with the requirements of the DS-GVO - such as to the specified partners, or after a prior separate consent).
  5. The user's personal data is protected by organizational and technical measures, such as protection against unauthorized access, impairment or loss and technical data security precautions.
  6. Personal data will only be stored by the organizer as long as this is necessary for the fulfillment of contractual or legal obligations and/or the management of receivables (corresponding storage obligations may arise, for example, in particular from tax law regulations - a legal basis for the storage of data in this context also arises from Art 6 para 1 lit c DS-GVO). If this necessity is no longer given, the data will be deleted.
  7. Subject to the existence of any legal obligations of confidentiality, the user has the following rights:
  • The right to receive information at any time about his stored personal data, its origin, the purpose of processing and, if applicable, the recipient of this data (Art. 15 DS-GVO).
  • The right to request the rectification, transfer, restriction of processing, blocking or erasure of personal data if they are inaccurate or the basis for data processing ceases to exist (Art 16, 17, 18, 20 DS-GVO).
  • The right to object to the processing of personal data on the basis of Art 6 (1) (f) of the GDPR ("safeguarding legitimate interests") (Art 21 of the GDPR). However, it should be noted that any objection has no influence on the permissibility of processing personal data on the basis of other permissible grounds pursuant to Art 6 (1) of the GDPR.

 

Users may submit these claims to the following email address: info@upstreamsurfing.com.

 

Should the user be of the opinion that the processing of his personal data violates applicable provisions of data protection law or that his claims under data protection law have been violated in any other way, he has the right to lodge a complaint with the competent supervisory authority (pursuant to Art 77 DS-GVO).

 

  1. In order to design the website according to the needs of the users and to collect certain information, the organizer uses various technologies, including so-called cookies. Cookies are used to simplify the use of the Internet and communication.

 

Cookies are small text files that the website sends to the browser and that are stored on the user's computer as an anonymous identifier. The purpose of these cookies is, for example, better control of the connection during the visit to the website and more effective support when the user returns to the website. Without this temporary "caching", some applications would require users to re-enter data they have already entered. A cookie contains only the data that a server outputs and/or the user enters on request (e.g. structure: details of domain, path, expiration date, cookie name and value). Cookies therefore contain purely technical information, not personal data. Cookies can also not spy on the hard drive of the user, cause damage or the like.

The following types of cookies may be used:

  • Session cookies: These are automatically deleted when the Internet browser is closed.
  • Persistent cookies: These remain stored on your computer for a certain period of time, the duration depends on the stored expiration date.
  • Third party cookies: These may include, in particular, cookies from various social media platforms or other internet service providers (such as Google). These cookies collect information such as length of stay, page views, movement via links, etc.. They are used, for example, to display certain advertising content resulting from search histories, visited websites and the like. These cookies cannot be read by the organizer.

The user can generally suppress the storage of cookies (or certain types of cookies) via his web browser or decide whether he wants them to be stored or not via a notice. However, the non-acceptance of cookies may result in some pages no longer being displayed correctly or the usability being restricted.

 

PLACE OF FILLING

  1. The place of performance for all services arising from the contractual relationship between the organizer and the user is Innsbruck, Austria.

RESERVATION OF RIGHT OF MODIFICATION, TRANSFER

  1. The organizer reserves the right to change and adapt the present GTC with effect for the future. In such a case, the organizer will inform the user by e-mail at least two (2) weeks before the new version comes into force. By continuing to use the platform and/or making bookings, the GTC amended in this way shall become fully valid. The User has the right to object to the validity of the amended GTC.
  2. The organizer is entitled to transfer the rights and obligations arising from the contractual relationship with the user to a third party. In this case, the Organizer will inform the User about this circumstance, whereupon the User has the right to terminate the contractual relationship with the Organizer within four (4) weeks after receipt of this information.

APPLICABLE LAW, PLACE OF JURISDICTION, SEVERABILITY CLAUSE

  1. The present GTC as well as the contractual relations between the organizer and the user shall be governed exclusively by Austrian law, with the exception of the provisions of conflict of laws and the UN Convention on Contracts for the International Sale of Goods.
  2. The exclusive place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship between the organizer and the customer, who is an entrepreneur within the meaning of § 1 of the Austrian Commercial Code (UGB), is agreed to be the court with subject-matter jurisdiction at the organizer's registered office. If the customer is a consumer within the meaning of § 1 KSchG, this shall only apply insofar as this place of jurisdiction coincides with the customer's general place of jurisdiction.
  3. Should one of the provisions of these GTC be or become illegal, invalid or ineffective, this shall not affect the validity of the remaining provisions. As long as the parties have not agreed on another provision, the invalid provision shall be replaced by a provision which is valid and which takes into account, as far as possible, the economic purpose of the provision and the intention of the parties when concluding this agreement.
  4. In principle, the user is not entitled to withhold or set off any claims against the organizer. Anything to the contrary shall only apply if the corresponding claim has been expressly recognized by the organizer in writing or has been established by a court of law.
  5. The present agreement contains the complete regulation of the agreements made between the parties; there are no verbal collateral agreements. Amendments and supplements must be made in writing; this also applies to any waiver of this formal requirement.
  6. The organizer is entitled to perform the services owed himself or to use third parties for this purpose at his own discretion.
 

IMPRINT

URBAN SURF SOLUTIONS Ltd.

Höttinger alley 32

A-6020 Innsbruck

Tel. +43 677 63065037

info@upstreamsurfing.com