General Terms and Conditions

General Terms and Conditions of kolula GmbH

1. Scope of application

The following General Terms and Conditions (“GTC”) shall apply to the use of deliveries, services or other offers from

kolula solutions UG (haftungsbeschränkt)

c/o Lars Ermisch

Werner-Schlierf-Str. 15

81539 München

www.kolula.com

Tel.-Nr. 089244183790
support@kolula.com

(hereinafter also “Provider” or “we”) by you (hereinafter also “User” or “Customer”), for all business relations between you and us, as well as for the use of our website www.kolula.com, (hereinafter also “Website”), our Progressive Web App “kolula” (hereinafter also “App”), as well as our other services.

We do not recognize deviating conditions unless we have expressly agreed to their validity in writing. We reserve the right to change the GTC at any time.

2. Offers and service descriptions

We offer high-quality Stand Up Paddle Boards (“SUP Boards”) and accessories (each also “Material”) for personnel-free rental at our SUP stations (hereinafter “Rental”), as well as we arrange course and tour offers of our external partners and SUP trainers (hereinafter “SUP Courses and Tours”), (hereinafter each and together also “Services”).

3. Personal participation requirements, order process and conclusion of contract

3.1 You can use our services via the online booking manager on our website www.kolula.com, or via our progressive web app app.kolula.com.

You must be of legal age to make a booking. Minors who have reached the age of 6 can participate in the use only with the consent of their legal representatives. By making a booking, you declare that you yourself are of legal age. If you allow minors to participate in the use of our services, you declare that you have the required consent of their legal representatives. We recommend all participants in our services, but especially children and teenagers, to wear a life jacket and weather appropriate clothing, and, if necessary, also a wetsuit. It is your responsibility.

Furthermore, only persons who do not have any health or fitness restrictions that could prevent them from practicing SUP sports and water sports in general without risking danger to themselves or others are eligible to participate. Participants must be able to swim for at least 25 minutes in open water without any aids in order to use our services.

Participation in our services under the influence of alcohol or other intoxicating substances is not permitted. Should participants consume alcohol before, during or after using our services, they do so at their own risk. Hereby, any liability of the provider for resulting damages is explicitly excluded. The provider reserves the right to exclude participants who are obviously intoxicated or under the influence of other mind-altering substances from participating in the service or to cancel the service for all participants of an intoxicated user’s group.

With the booking, you declare that the above-mentioned requirements are fulfilled for all participants.

3.2 Booking of our service “Rental”

Select the desired location and click the “Book SUP here” button. Then select the service, date and time. In the next step, provide us your first and last name, as well as your mobile phone number and e-mail. Then, click on the “Next” button to get to the overview and selection of the payment method. Click on the button “Book for a fee” to enter the payment process. By doing this, you are making a binding request to pay for the services in your shopping cart. Before submitting the order, you can change the entered data at any time, as well as return to the shopping cart with the browser function “back” or cancel the ordering process altogether.

After successful verification, the ordering process is completed.

Once your order has been purchased successfully, you will receive a confirmation of receipt by e-mail to your order number.

You will then receive a booking confirmation by e-mail with the booking link and proof of purchase. If you have made the booking via a desktop PC, you can transfer your booked service to your cell phone using the booking link. With the sending of the booking confirmation, the contract between you and us is effectively concluded.

If you would like to book our services for a corporate event or a larger group, please contact us by e-mail: hello@kolula.com. We will then gladly create an individual offer for you.

3.4 To book our service “SUP courses and tours” you simply choose the respective program offered on our website (course, tour, or special program such as SUP yoga, etc.) of our partners and external trainers.

Please note that the SUP courses and tours are carried out solely by our partners and external trainers, so that a contractual relationship regarding the use and implementation of the respective SUP course or tour is established directly between you and the respective provider of the service. The legal relationship between you and the provider of the service is governed exclusively by the GTC of the provider or the contractual provisions concluded with you.

4. Terms of payment and prices

You have the option to choose between payment by credit card or by PayPal.

The valid prices for our services can be found on our website. The listed price is the final price including the applicable VAT, currently in the amount of 19%.

5. Cancellation policy and withdrawal

We offer you the possibility to change the selected appointment once free of charge up to and including 48 hours before the start of the appointment (rescheduling). Please contact us at support@kolula.com.

5.2 In case of a cancellation up to and including the 7th day before the day of the performance of the service, you will receive a refund from us in the amount of 90% of the paid amount, which you can choose to receive either as a monetary refund or in the form of a voucher. From the 6th day until 48 hours before the start of the appointment, the refund is reduced to 50% of the paid amount in the form of a voucher.

In case of a later cancellation (from 47 hours until the start of the appointment) we cannot offer a refund or a free rescheduling of the appointment.

If you have used a voucher for your booking, the refund can only be made against the issue of a voucher, but not in the form of a monetary refund, in accordance with the above conditions.

5.3 If due to weather conditions (storm, thunderstorm, severe weather, etc.) your participation in our services is not safely feasible (hereinafter “force majeure”), you, and we as the provider, have the right to withdraw from the contract in order to exclude any danger to life and/or limb. If a case of force majeure actually exists, we will refund you the amounts paid. Please understand that this decision will be made by us as the provider on an individual case basis. Claims for damages on your part due to the non-performance of the service are excluded. In case of uncertainty about the feasibility of the service, you can reach us by e-mail (support@kolula.com) or by phone for coordination.

5.4 kolula has the right to withdraw from the contract in the event of other reasons that prevent the feasibility of the service. In this case, you will receive a refund of the amounts paid. Claims for damages on your part due to the non-performance of the service are excluded.

6. Cancellation policy

A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (kolula GmbH, Neuendorfer Str. 7, 14770 Brandenburg, e-mail: support@kolula.com) of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter or e-mail sent by post). You can use the attached cancellation form for this purpose, which is, however, not mandatory. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the revocation period.

Consequences of the revocation

If you revoke this contract, we shall reimburse all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no case will you be charged any fees because of this repayment.

Exclusion or premature expiry of the right of withdrawal

The right of withdrawal does not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision.

According to § 312g para. 2 no. 9 BGB, there is no right of revocation for the booking of our “rental” services made by you.

7. Participation in our services

7.1 With your booking, you have reserved SUP material from us for rental. Please call up your booking link. You will be shown in which locker of your chosen SUP station the booked materials are available for you. You can open the locker (at the earliest 15 minutes before the start of the usage time) and take out the material.

Please check the material provided to you for any damage and completeness before using it and report this within the first 10 minutes of use by using the “Report damage” function. You can enter your finding/s in the text field and send the damage report to us by clicking “Confirm”.

After carrying out the damage report, put the material back into the locker and conclude the usage time. We will refund the amount paid for the service.

Please book the material again and take it from another locker

If you have any questions about this, you can reach us at any time using the contact options provided in the app.

If you do not submit a damage report within the first 10 minutes of use, we will assume that the material you found was complete and undamaged in the locker. Please take your cell phone with you on the water in the water-resistant bag (see section 8.2), as the cell phone serves as a key for the locker, and you can reach us at any time in the event of any problems on the water. Please refer to our information board at the station or our video on our website for the exact procedures on how to use and properly close the bag.

7.2 At the end of the usage period, please return the rented material on time, complete and in a clean condition by placing it back in the locker and closing the usage period by clicking the “End” button.

You will not be able to open the locker once the period of use has ended. Please note that personal items placed by you in the locker must be removed beforehand.

Damages of the provider due to exceeding the usage time have to be reimbursed by the user, even if the time breech is caused by another participant.

7.3 If damage occurs to the rented material or parts of the material are lost during the period of use, you must notify us. Please use the “Report damage” function for this purpose. You can present the problem that has occurred in the text field provided for this purpose.

8. Rules of conduct and liability of the user

8.1 The safety and operational readiness of the material is ensured by regular inspections. You undertake to treat the rental items with care. Damage and soiling occurring during your period of use will be removed at your expense. For the obligation to report damage, see above under 6.3.

If unforeseen circumstances arise that make it impossible to return the rental object on time, you are obliged to inform us immediately so that a simple and cost-effective solution can be brought about. Any salvage costs incurred shall be borne by you as the user.

If you have booked our services for several persons, you are jointly and severally liable for the respective liable participants and the rental items. If the person who caused the damage cannot be determined, you are solely liable unless you can prove that the damage was not caused or contributed to by the participants you selected.

8.2 Glasses and valuables carried by you are to be secured by you against loss and damage by water or other influences. We provide water-resistant bags for you in our lockers. You can carry these with you while using the SUP board on the water. Please note that we cannot guarantee that the bags are absolutely waterproof. Carrying non-waterproof items is at your own risk. Please note that your cell phone with our app will act as a key for the locker. Unless you want to put your cell phone in the bag, you should keep it in a suitable place on land.

For wearing glasses on the water, we recommend attaching a glasses strap. For lost or damaged valuables and wardrobe, no liability is assumed by the provider.

Please note that we do not assume any liability for items deposited in the lockers. Please also note that, following your period of use, the locker may be assigned to another user who is authorized to open the locker.

8.3 Rules of conduct on the water:

You are obliged to comply with the respective locally applicable regulations, in particular the water and traffic regulations during the use of the SUP equipment. Please inform yourself about the applicable regulations before using the equipment.

For our locations near Lake Constance, we would like to point out the following:

On Lake Constance, outside the 300 m shore zone, it is mandatory to carry or wear a life jacket (life-saving equipment and buoyancy aids EN ISO 12402-5).

Driving bans and private rules in areas of non-public lands or bird/fish sanctuaries must be observed. Fields, meadows, and pastures along the shore that are partially or completely privately-owned may not be entered. While using the rental equipment, shore access is permitted only at public staging areas.

In case of storm warning, thunderstorm or heavy rain, paddle to the rental station immediately and return the rental equipment.

When using the SUP equipment on the open sea, increased caution is required. In particular, waves, currents and wind pose special dangers to life and limb in this environment. Please inform yourself sufficiently about the conditions on the day and at the place of the intended use and estimate your physical fitness and experience in handling the SUP material correctly.

Please pay particular attention to our information board at the rental station, as well as our instructions for the start/SUP tips (Hints & Tips). The regulations stated there are an integral part of these General Terms and Conditions and are included in them.

8.4 Use exclusively at the designated locations

Please note that the SUP material is only allowed on and at the waters of the respective rental station. In particular, it is prohibited to transport the SUP material to other waters and use it there. We expressly point out that for such, contractually not permitted use, no liability of the provider exists. The regulations under clause 9 shall apply without prejudice.

We point out the joint and several liability of the user with other participants of the service.

8.6 Bringing a dog

You are permitted to take a dog with you on the board. Please note that bringing a dog on board is solely at your risk and responsibility. We cannot accept any liability in this case, without prejudice to the regulations in section 9. Please note that the safety of taking a dog with you depends on various factors, including the size and weight of the dog, its behavior, the use of appropriate safety equipment (e.g., dog life jacket), and the total weight of the user and the dog. Please also remember to supply your pet with water (water must be carried in any case when navigating in salt water).

You are fully liable to us for any damage or increased wear of the material.

9. Liability of the provider

The use of our services is at the user’s and participants’ own risk. The provider assumes no liability for damages, either contractual or non-contractual, incurred in connection with the use of the service to the user, participant or a third party. This also includes the transport of equipment.

However, the provider shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.

Furthermore, the provider is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the user regularly relies. In these cases, however, the provider is only liable for the foreseeable, contract-typical damage. The provider shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.

The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

10. Final provisions

10.1 The place of jurisdiction and performance shall be the registered office of the Seller, unless otherwise provided by applicable law.

10.2 The contractual language is German.

10.3 There are no verbal subsidiary agreements. All amendments and additions to these GTC must be made in text form, whereby e-mail is sufficient.

10.4 Should one or more provisions of this contract be invalid or void, this shall not affect the validity of the remaining provisions of the contract. Any gaps shall be replaced by the provision that comes closest to the presumed intention of the parties.

10.5 Platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.

Status of GTC: 06.09.2021
kolula