3w-sports GmbH (hereinafter referred to as "3w") offers the following services:
• Kite-, Windsurf-, as well as SUP courses.
• Rental of water sports equipment, as well as other sports equipment.
• Rental of storage boxes for kite equipment.
§1.CONCLUSION OF CONTRACT
1. With the registration, the contractual partner offers 3w the conclusion of a binding service and/or rental contract.
2. The registration is also carried out by the contractual partner for all participants listed in the registration, for whose contractual obligations the contractual partner is responsible as well as for his own obligations, provided that he has assumed a corresponding separate obligation by an explicit declaration.
In the case of minors, the written consent of the legal representatives must be submitted for the legal declaration to become effective.
3. The contract is concluded with the acceptance by 3w. This must be declared or rejected by the contractual partner at the latest 10 days after receipt of the offer.
Immediately after conclusion of the contract, 3w will send the booking confirmation with the payment amount and the payment deadline to the contractual partner.
4. The contractual partner is the person who made the registration by an explicit declaration.
5. The lessee is the person who has made the registration by an explicit declaration for the rental of water sports equipment or a storage box.
6. Participants are the persons for whose contractual obligations the contracting party is responsible as for its own obligations, as well as the contracting party itself. Participants can only be those who are neither impaired in health nor in physical condition, to practise water sports without endangering themselves or others.
7. 3w emphasises that the ability to swim in open water for at least 15 minutes without any aids is a prerequisite for participation in all courses as well as for the rental of water sports equipment. In the case of minors, this declaration must be provided by the legal representatives without whom the contract for the minors will not be concluded.
8. Payment of the invoice amount must be made 4 weeks prior to departure, quoting the invoice number. In case of short-term bookings, the amount is due immediately. The amounts for the payment result from the booking confirmation.
9. Payments can be made by credit card (Visa and Mastercard only) or Paypal. Possible bank charges are at the expense of the contract partner.
10. The booking documents (vouchers) will be sent by Cebra upon receipt of the invoice amount.
11. If the contractual partner is in default with the payment of the amount (non-payment despite reminder with setting of a deadline) 3w has the right to withdraw from the contract. In the event of withdrawal from the contract, the contractual partner shall be obliged to pay the corresponding claim for damages specified in § 6 para. 2 sentence 3. This shall not apply if the contractual partner is not responsible for the default.
12. The scope of the contractual services can be derived from the exact details in the booking confirmation.
13. Changes or deviations of individual services from the agreed content of the contract are only possible if they are reasonable for the contractual partner and take place up to 3 working days before the start of the contract.
14. The withdrawal is to be explained to 3w by the contractual partner in text form e-mail.
15. If the contractual partner withdraws from the contract, 3w can demand compensation for the disbursements. When calculating the compensation, usually saved expenses and usually possible other uses of the booking services shall be taken into account. This claim for compensation is calculated as follows:
The following charges apply to all confirmed reservations to the Company:
• Till 31 days before travel date will be charged with 25% of the booking
• 30 till 25 days before travel date will be charged with 40% of the booking
• 24 till 18 days before travel date will be charged with 50% of the booking
• 17 till 11 days before travel date will be charged with 60% of the booking
• 10 till 4 days before travel date will be charged with 80% of the booking
• 3 till 1 days before travel date will be charged with 90% of the booking
• on the travel date or in case of no-show 100% of the booking will be charged.
16. 3w can terminate the rental and/or service contract without notice if the contractual partner, if, despite a corresponding warning the contractual partner disturbs the business operations permanently, behaves contrary to the contract to a considerable extent or deliberately endangers himself or others.
In this case, 3w reserves the right to claim payment. Any additional costs incurred for another booking shall be borne by the contractual partner or participant itself. Any value of saved expenses as well as those benefits which are obtained from another use of the service not used, can and will be offset by 3w.
17. For safety reasons, such as strong winds, lightning, etc., or destruction of the water sports equipment due to collision or vandalism caused by the contractual partner or participant, 3w may terminate the contract without notice. In this case, the rental fee will not be refunded.
18. If after handing over the water sports equipment a lack of qualification of the contracting partner or participant regarding the safe operation of the water sports equipment becomes apparent (lack of control of the water sports equipment, non-observance of the safety regulations), or if the participant acts contrary to the instructions given by the personnel, 3w can terminate the contract without notice. In this case there will be no refund of the payment amount.
19. The liability of 3w or a legal representative or vicarious agent for initial or subsequent defects of the water sports equipment or the rental object, or for a breach of contractual or other obligations, or for a positive breach of contract, or for liability due to tortious acts, is excluded, with the exception of an exclusion or limitation of liability for damages arising from injury to life, limb or health based on a negligent breach of duty by 3w or an intentional or negligent breach of duty by a legal representative or vicarious agent of 3w.
20. Furthermore, the exclusion or limitation of liability does not apply to other damages based on a grossly negligent breach of duty by 3w or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of 3w.
21. Each contracting party/participant must strictly follow the instructions of the water sports instructor or 3w personnel authorised to give instructions.
The contractual partner/participant must familiarise himself with the safety regulations on the water and the rules of "good seamanship" and adhere to them consistently.
22. If the operational readiness of the water sports equipment is no longer guaranteed due to non-compliance with the instructions of the water sports instructor/personnel or due to negligent or intentional behaviour of the contractual partner/participant, the contractual partner/participant shall not be entitled to compensation for the rental payment made.'
23. Damage to the water sports equipment caused by disregard of the instructions of the water sports instructor/personnel or by disregard of the safety rules is the personal responsibility of the contracting partner/participant. In this respect 3w recommends the conclusion of a liability insurance, which covers water sports, as well as the conclusion of a water sports equipment insurance (material insurance).
24. The Parties agree to apply Austrian law.
25. Should individual clauses of this contract be invalid and/or unenforceable in their entirety, or should a loophole in the overall contract be found, the validity of the remaining clauses shall remain unaffected. Instead of the ineffective conditions, or to fill the gap, an appropriate regulation shall take effect, which - as far as legally possible - comes closest to what the parties wanted economically, or would have wanted according to the sense and purpose of this contract, if they had considered the point. If necessary, the parties are obliged to supplement this contract.