General Terms and Conditions

Scope 1

1. The present General Terms and Conditions ("GTC") apply to the participation in a SEPORSURF GmbH session ("surf session") as well as all other services (provision of equipment, booking function, information, videos, pictures, user account, online payment, e-mail system, vouchers) which are offered by Seporsurf GmbH ("organiser") and can be booked by users ("user" or "participant", denoting both the female and male form) online under the domain www.seporsurf.ch ("platform") or directly with the organiser as well as for vouchers. These include in particular the following offers ("course offer/course offers"): surf sessions, use of various SEPORSURF 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 organiser. Furthermore, the organiser is entitled to extraordinarily terminate the contract with the user. Claims of the affected user against the organiser 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 organiser in order to be valid.

PLATFORM, USER ACCOUNT

4. 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.
5. The provision of certain data is mandatory for booking surf sessions and creating an account. When creating an account, the user is also asked to choose a password for future access to the platform.
6. 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 accessible to third parties. The Organiser accepts no responsibility or liability in connection with insufficient security of a chosen password, loss or misplacement of the password, misuse or the like..
7. 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 organiser expressly reserves the right to reject, block or delete such accounts. Claims of the affected user against the organiser as a result of such a measure are excluded.

RIGHTS TO THE PLATFORM, LICENCE

8. The Organiser grants the User a limited, personal, non-exclusive, non-transferable or licensable limited licence, revocable at any time, to use the Platform in accordance with these GTC.
9. The platform contains elements and content that are or may be protected in favour of the organiser or its partners / cooperation partners (for example under copyright / ancillary copyright law, trademark law, patent / utility model law, design patent law, competition law or by other standards). The Organiser and its partners/cooperation partners expressly reserve all rights thereto. The use of these elements and contents (in whole or in part) beyond the normal and necessary use of the platform by the user, and in particular their reproduction or "reverse engineering", is not permitted without the prior written consent of the organiser. 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.
10. The organiser guarantees the best possible availability of the platform within the framework of appropriate and customary technical standards, but does not accept any guarantee or liability for the correctness, completeness, a specific property, suitability or fitness at all times, 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 specific success. The organiser is not liable for the impossibility of performance as a result of force majeure or as a result of disruptions from the area of responsibility of the user or third parties.
11. Any content entered by the user on the platform may be further used by the organiser. With the transmission / provision, the user grants the organiser, free of charge, the non-exclusive right, unlimited in terms of 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 (by wire or wireless means) and to combine it (synchronise it) with works of the same or a different kind, to edit, adapt and shorten it in all respects, to divide it and change it and to use this editing in the aforementioned ways.
12. 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 whatsoever are violated by its transmission / provision. This includes, but is not limited to, intellectual property rights, personal rights, confidentiality interests and security interests. The user shall fully indemnify and hold harmless the organiser in respect of any third party claims in this regard.

COURSE OFFER, FEES, PROCEDURE

13. The course offers are offered on the platform for a fee; the prices stated on the platform apply in each case. The prices are per person, including the fee for the rental equipment and the statutory VAT. The organiser organises 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 can be booked there by 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.
14. The organiser 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 result in a change of the present GTC.
15. The organiser acts as the organiser 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.
16. Insofar as changes occur with regard to an already booked surf session (e.g. postponements, cancellations, usage restrictions, etc.), the organiser shall inform the user of this information at the latest 24 hours before the surf session is used.
17. Some course offers can only be carried out on condition that a certain minimum number of participants is reached. If the minimum number of participants is not reached, the organiser 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.
18. The safety of the surf sessions and the participants is a key concern for the organiser. Course changes/date changes due to unfavourable weather conditions remain reserved. Should 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 organiser may cancel the session. In the event of such circumstances occurring outside the organiser's sphere of influence, 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.
19. Surf sessions can be cancelled or the schedule changed by the organiser even after the start if weather conditions, currents, the danger of increased flotsam, official measures or requirements, force majeure, safety reasons or other reasons make this necessary. In the event of changes to the schedule, the organiser shall endeavour 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.
20. In the event of cancellation by the organiser for reasons other than those beyond its control, any fees already paid by users shall be refunded.
21. The following cancellation regulations apply to course offers bindingly booked by the user, which the organiser grants voluntarily, without acknowledgement of a legal obligation in this respect and revocable at any time:

• Cancellation free of charge up to 30 calendar days before the start of the surf session;
• Cancellation fee of 50% of the total price for the surf session if cancelled in the period of 30 - 14 calendar days before the start 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.

22. The organiser reserves the right to charge a processing fee of CHF 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.
23. 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 when booking at the organiser's registered office. If the organiser 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 organiser is authorised to charge a processing fee of CHF 5.00 per failed debit attempt; the organiser reserves the right to assert further claims, as well as extraordinary termination for good cause in the event of repeated cases of default by the user.
24. Non-existence of a right of withdrawal: The user is hereby expressly informed that the sports offers are "leisure services" within the meaning of § 18 Abs. 1 no. 10 FAGG, which is why the user does not have a right of withdrawal and rescission with regard to the individual bookings even if he/she is a consumer within the meaning of § 1 KSchG..
25. 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.
26. The user is also obliged to take care to carry the necessary equipment for the surf session (if indicated in the description).
27. The user is fundamentally responsible for correctly assessing his or her own ability before and during participation in the surf session and, if necessary, to inform the surf coach immediately of any (health or other) restrictions, pain, problems or the like. This applies to both known and spontaneously occurring circumstances.
28. Participation in a surf session under the influence of drugs, alcohol or psychotropic medication is excluded. Participation is also excluded if the user suffers from high blood pressure, cardiovascular risks, heart problems or epilepsy, is pregnant or has undergone eye surgery prior to participation.
29. Participation in the surf sessions requires in any case a very good general state of health and very good 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 organiser recommends that (planned) participation is also discussed with a doctor and a medically sound opinion is obtained in advance.
30. 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.
31. The organiser (as well as its organs, employees, representatives, agents or vicarious agents) shall not be liable to the user for lost property, damage to clothing, material or the like in the course of surf sessions.
32. The user undertakes to comply with the conditions of participation and to strictly follow the instructions of the organiser, the surf coaches and assistants. For reasons of safety, also of the other users and participants in a surf session, the express right must be reserved that the surf coaches on site, according to their own professional assessment, may, if necessary, break off a surf session or refuse further participation to individual participants (for example in the event of problems, safety risks, insufficient own equipment, etc.). This is at the discretion of the surf coaches; claims of the affected user against the organiser or its vicarious agents as a result of such a measure are excluded.
33. Part of every surf session is a briefing, which is carried out by the surf coaches. Participation in these briefings is compulsory and the instructions given must be followed.
34. When climbing on and off the SEPORSURF system and the surfboard, the user must exercise particular caution, as slippery stones and varying current conditions may cause the system to move away, resulting in an increased risk of injury.
35. When using the SEPORSURF systems, each participant must always keep a minimum distance of 10 metres from other persons (e.g. swimmers, other participants), objects (e.g. boats), the shore or shallows.
36. The existence of a valid health insurance for each participant is a prerequisite for participation, the organiser further recommends the conclusion of a suitable accident insurance.

GIFT VOUCHERS

36. Experience vouchers" are also offered on the platform. These are personalised vouchers for services that are individually compiled by the organiser in consultation with the user (e.g. several surf sessions) and sent to the user as a .pdf file by e-mail or post (in which case additional costs are incurred for shipping).
37. In order to purchase the "experience voucher", personal data must be provided.
38. These vouchers can be given as gifts or redeemed by the users themselves.
39. Cash redemption of the services securitised in the voucher is not possible (not even in part). Lost vouchers will not be replaced.
40. These vouchers can be paid for by credit card or PayPal. When paying by credit card, the name, credit card number, credit card expiry date and credit card security number must be provided.
41. If payment is not made on time or in full, the organiser is entitled to withhold the voucher until full payment has been made.
42. 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 this period, the voucher can no longer be used.
43. Right of withdrawal: According to Swiss law

PHOTOS / VIDEOS

44. Within the framework of the surf sessions, the organiser or on its behalf may take photographs and/or videos which may (recognisably) depict the respective participants. Should a participant not wish this, he/she must inform the persons on site, in which case no photos/videos will be taken or only those that do not depict the participant in question.
45. These photographs / videos may be used and exploited by the organiser in any way, in particular for the purpose of advertising their own offer. The participants give their express consent to this.

LIABILITY, WARRANTY

46. The Platform is provided on an "as is" basis. The Organiser 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 unauthorised third parties within the Platform or from outside.
47. The organiser reserves the right to interrupt the operation of the platform in whole or in part (e.g. for maintenance work, updates, etc.) or to discontinue it at any time without prior notice. The user may not assert any rights or claims against the organiser as a result of a suspension.
48. Der Veranstalter (sowie dessen Organe, Arbeitnehmer, Vertreter, Beauftragten oder Erfüllungsgehilfen) haftet dem Nutzer gegenüber für Sachschäden nur bei grober Fahrlässigkeit oder Vorsatz – gleich aus welchem Rechtsgrund; die Haftung für Personenschäden aufgrund Verschuldens ist nicht beschränkt.
49. The organiser (as well as its organs, employees, representatives, agents or vicarious agents) shall not be liable for a specific success or a specific 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).
50. 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-up, retrieval, content or use of this Internet presence is not the responsibility of the organiser, the organiser does not adopt this as its own and does not assume any guarantee or liability for such third-party offers or content.

PRIVACY

51. Die Verarbeitung personenbezogener Daten des Nutzers erfolgt auf Grundlage der Datenschutz-Grundverordnung Nr 2016/679 („DS-GVO“) sowie der anwendbaren nationalen Datenschutznormen, insbesondere des Datenschutzgesetzes.
52. The responsible party within the meaning of Art. 4 Z 7 DS-GVO is the organiser (details - see imprint). The following personal data concerning the user may be collected and processed by the organiser 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).
53. By calling up or using the website / platform, the following (partly personal) data may also be transmitted to the organiser and processed by the latter: (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-related information and information about the terminal device used (depending on the corresponding settings of the terminal device).
54. Personal data will not be passed on to third parties (or exclusively within the framework of the fulfilment of the contract in accordance with the provisions of the DS-GVO - such as to the specified partners, or after prior separate consent).
55. The user's personal data is protected by organisational and technical measures, such as protection against unauthorised access, impairment or loss and technical data security precautions.
56. Personal data will only be stored by the organiser for as long as is necessary for the fulfilment of contractual or legal obligations and/or receivables management (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.
57. Subject to the existence of any statutory confidentiality obligations, the user has the following rights:

• The right to receive information at any time about his/her 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 the 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 Article 6 (1) (f) of the GDPR ("safeguarding legitimate interests") (Article 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 can send these claims to the following e-mail address: info@sepor.surf.

Should the user be of the opinion that the processing of his personal data violates applicable data protection provisions 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).

58. In order to design the website according to the needs of the users and to collect certain information, the organiser uses various technologies, including so-called cookies. Cookies serve to simplify internet use 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 information they have already entered. A cookie only contains the data that a server outputs and/or the user enters on request (e.g. structure: information on domain, path, expiry date, cookie name and value). Cookies therefore contain purely technical information, no personal data. Cookies cannot spy on the user's hard drive, 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 depending on the stored expiry 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 that is derived from search histories. 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 organiser.

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

PLACE OF FULFILLMENT

59. The place of performance for all services arising from the contractual relationship between the organiser and the user is Zurich, Switzerland.

RESERVATION OF RIGHT TO CHANGE, TRANSFER

60. The organiser reserves the right to amend and adapt these GTC with effect for the future. In such a case, the organiser will inform the user by e-mail at least two (2) weeks before the new version comes into force. The continued use of the platform and/or the making of bookings shall render the amended GTC fully valid. The user has the right to object to the validity of the amended GTC.
61. The organiser is entitled to transfer the rights and obligations arising from the contractual relationship with the user to a third party. In this case, the organiser will inform the user of this circumstance, whereupon the user has the right to terminate the contractual relationship with the organiser within four (4) weeks of receiving this information.

APPLICABLE LAW, PLACE OF JURISDICTION, SEVERABILITY CLAUSE

62. The present GTC as well as the contractual relations between the organiser 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.
63. The exclusive place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship between the organiser 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 organiser's registered office. If the customer is a consumer within the meaning of § 1 of the Austrian Consumer Protection Act (KSchG), this shall only apply insofar as this place of jurisdiction coincides with the customer's general place of jurisdiction.
64. If any provision of these GTC is or becomes 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.
65. The user is not entitled to withhold or set off any claims against the organiser. Anything to the contrary shall only apply if the corresponding claim has been expressly recognised by the organiser in writing or has been established by a court of law.
66. The present agreement contains the complete regulation of the agreements made between the parties; there are no verbal ancillary agreements. Amendments and supplements must be made in writing; this also applies to any waiver of this formal requirement.
67. The organiser is entitled to carry out the services owed himself or to use third parties for this purpose at his own discretion.