Terms and Conditions
Status: [24.02.2024]
These conditions
(1) This website (the "Site") and/or the Services, including any related mobile applications (collectively, the "Services") and any other services we provide to our customers in the course of our business (the "Services"). "Offered Services"), as well as the booking of such Offered Services (the "Booking") through the Site, is owned and operated by Sandro Popovic (hereinafter also: "we", "us" and "our").
These Terms and Conditions ("Terms") set out the conditions under which visitors or users (together: "User" or "you") can visit or use the Site and/or the Services and make bookings.
(2) By accessing or using the Services, you agree to be bound by the Terms. If you do not agree to all of the Terms, you may not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services or making any bookings. These Terms tell you who we are, how you can make and cancel bookings and what you can do if you have a problem.
(3) You represent that you are of legal age and have the legal authority, right and freedom to enter into a binding agreement based on these Terms and to use the Services and make bookings. If you are a minor, you need the permission of your parents or legal guardians to use the Services or make bookings.
Booking of services offered
(1) You can make bookings to purchase the services we offer. Through our Site and/or Services, we may authorize you to make appointments to use the Services we offer. When you make an appointment for one of the services we offer, you agree to be at the specified location at the scheduled time and to pay the price shown using the agreed payment method. If you are unable to keep the agreed appointment, you agree to reschedule this appointment upon request no later than 72 (seventy-two) hours before the originally agreed time and to make a new appointment. If you do not cancel an agreed appointment or do not cancel up to 72 (seventy-two) hours in advance, you will not receive a refund for payments already made.
(2) We may require payment for a particular service offered. If you make a payment in our offered services, you agree that: (i) you are responsible for reading the full entry and description of the services offered before you make a binding booking for them, and (ii) you have a enter into a legally binding contract for the booking of an offered service when you complete the booking process.
(3) You can select the services offered and available appointments you wish to book and collect them in a shopping cart by making the appropriate selection (e.g. type of services offered, quantity (if applicable), date and time of appointment) and clicking the relevant button. Our prices are listed on the Site or in the Services. We reserve the right to change our stated prices for services offered at any time (provided that you will only be charged the amount you agreed to prior to the price change) and to correct any unintentional pricing errors with effect for the future.
(4) Before you click on the "Book" button, all the services and dates you have selected, including the total price, are displayed again in a booking summary. You can then recognize and correct any input errors before you make your final binding booking. Place a booking order. By clicking on the "Book with obligation to pay" button, you place a binding order for the booking of the services offered on the selected date. However, the order can only be placed and transmitted once you have accepted these conditions by clicking on the corresponding box and thus included them in your booking order.
(5) We will then send you an automatic confirmation of receipt for your booking order by e-mail, in which your booking order is listed again and which you can then print or save using the corresponding function. The automatic confirmation of receipt only proves that we have received your booking order, it does not yet constitute our acceptance of this order.
(6) The legally binding agreement on the booking of the services offered is only concluded when we send you a confirmation e-mail. We reserve the right not to accept your booking order. This does not apply in cases in which we offer a payment method - and you select this payment method for your order - in which a payment process is initiated immediately (e.g. electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In this case, the legally binding contract is deemed to have been concluded when you have initiated the booking process as described above by clicking on the "Book with obligation to pay" button.
(7) The contract can be concluded in [German]. After conclusion of the contract, the terms and conditions will be stored by us and you will no longer have access to them.
(8) The fees for the services offered are due prior to the commencement of the service. In the event that payment for the services offered is to be made offline, you hereby agree to send payment in full prior to the scheduled time of the appointment. We reserve the right to refuse to provide the services offered at any time if payment has not been received.
Refunds are not subject to cancellation protection
Agreed dates for services offered may occasionally be canceled due to events beyond our control, such as natural disasters. In these cases, you will receive a refund or an alternative date will be agreed by mutual agreement.
Implementation of the service
There is no guarantee that the booked service will be carried out. Depending on weather conditions and for the protection of passengers and guests, we may have to postpone boat trips that have already been scheduled. We will endeavor to inform you of any changes as soon as possible. Please note, however, that due to the sometimes unclear weather forecasts, a cancellation of the booked date and postponement to a new date can happen up to a few hours before the planned trip.
Rebooking & Cancellation
Changes to bookings are only possible on request and up to 72 hours before the planned start of the journey. Please note that, apart from the applicable right of withdrawal, cancelations are not possible.
Storage of online payment details
You can save a preferred payment method for the future. In this case, we will store these payment details in accordance with the applicable industry standards, if any (e.g. PCI, DSS). You can identify your saved card by its last four digits.
Right of withdrawal
(1) If you make a booking for the services offered via the Site or the Services, the following instructions will inform you of your right of withdrawal. You can cancel this contract within 14 days without giving any reason. The withdrawal period expires 14 days after conclusion of the contract. To exercise your right of withdrawal, you must send us
[Please state the name and address of the company], telephone number:
[Please state telephone number], fax number: [Please state fax number]
E-mail address: [enter e-mail address]
of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can (but do not have to) use the attached withdrawal form.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you withdraw from this contract, we will - without undue delay and in any event not later than 14 days after receipt of notice of your withdrawal - refund any payments already received from you. We will make such a refund using the same means of payment that you used for the original transaction, unless you have expressly authorized otherwise; in any event, you will not incur any fees as a result of such a refund.
If the desired start of performance is within the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided (in relation to the total scope of the services provided for in the agreement) at the time you informed us of the exercise of the right of withdrawal in relation to this agreement.
Expiry of the withdrawal period
(1) The right of withdrawal expires in the case of contracts for the provision of services (e.g. training or coaching services) if we have provided the contractually agreed services in full and have only started to provide the services after you have expressly agreed to this and at the same time confirmed that you are aware that your right of withdrawal expires as soon as we have provided our services in full.
(2) If you have a right of withdrawal, you can use the following withdrawal form to exercise this right. However, this is not mandatory.
Revocation form
(Complete and return this form only if you wish to withdraw from the contract)
To ([Company name and address]), Telephone number: [Please specify telephone number], Fax number: [Please specify fax number], E-mail address: [specify e-mail address], Fax number: [specify fax number], E-mail address: [Please specify e-mail address]. — I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following services — Ordered on (*)/received on (*) — Name of the customer(s) — Address of the customer(s) — Signature of the customer(s) (only if this form is sent in paper form) — Date (*) Delete where not applicable.
Warranty for services offered
We are liable in accordance with the statutory warranty provisions for quality defects in our services offered if the services offered are work services under German law.
Vouchers, gift cards and other offers
Vouchers, gift cards or discounts and other offers may be available from time to time for our services ("Offers"). Such Offers are valid only for the period specified in such Offer. Offers may not be transferred, modified, sold, exchanged, reproduced or distributed without our express written permission.
Permitted use
(1) Our Services are provided to you for informational purposes and for personal, noncommercial use only. When using our Services, you must comply with these Terms and all applicable laws.
(2) Except as expressly permitted by these Terms, you may not: (i) use our Services in an unlawful or fraudulent manner (including in violation of the rights of third parties) or for purposes of harvesting personal information or impersonating other users; (ii) modify or use our copyright, trademark or other proprietary rights notices or interfere with the securityrelated features of our Services; (iii) use our Services in any way to manipulate or distort content or undermine the integrity and accuracy of any content, or take any action to interfere with, damage or disrupt any part of our Services; (iv) use our Services to send, receive, upload/post, download material that does not comply with our content standards; (v) use our Services to transmit or facilitate the transmission of unsolicited or unauthorized advertising or promotional material; (vi) use our Services to transmit data or upload data to our Services that contains viruses, Trojan horses, worms, time bombs, keystroke logging, spyware, adware or other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (vii) robots, spiders, other automated devices or manual processes to monitor or copy our website or other web pages or the content contained in our Services, or use network monitoring software to determine the architecture of our Services or extract usage data from our Services; (viii) engage in any conduct that restricts or inhibits any other user f r o m using our Services; or (ix) use our Services for any commercial purpose or in connection with any commercial activity conducted without our prior written consent. You agree to cooperate fully with our investigation of any activity that is suspected or actual violation of these Terms.
Intellectual property rights
(1) Our services and related content (and any derivative works or improvements thereto), including but not limited to all text, illustrations, files, images, software, scripts, graphics, photographs, sounds, music, videos, information, content, Materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names and trade dress, and interactive features, and all intellectual property rights therein, are either owned or licensed by us (collectively, "our Intellectual Property Rights") and nothing in these Terms grants you any rights in connection with our Intellectual Property Rights. Except as expressly set forth herein or as required by mandatory legal provisions governing the use of the Services, you acquire no right, title or interest in or to our intellectual property rights. All rights not expressly granted in these terms and conditions are expressly reserved.
(2) If the services you have booked require or include the use of digital content, such as music or videos, you are granted the rights as set out in relation to such bookings on the Site.
Disclaimer of warranty for the use of the Site and the Services
The Services, our intellectual property rights and all information, materials and content provided in connection therewith and made available to users free of charge are provided "as is" and without warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties as to the security, reliability, timeliness, accuracy and performance of our Services, among others), except for cases of malicious non-disclosure of defects. We do not warrant that free services will be uninterrupted or error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance or updates. The warranty for services offered that you purchase from us as described in the section "Warranty for services offered services" mentioned above remains unaffected.
Exemption
You agree to defend, indemnify and hold us harmless from and against any and all actual or alleged claims, damages, costs, liabilities and expenses (including, without limitation, reasonable attorneys' fees) arising out of or relating to your use of the Site and Services in violation of these Terms, including, without limitation, any use in violation of the terms and conditions set forth in the The use of the software violates the restrictions and requirements set out in the section "Permitted use", unless these circumstances are not due to your fault.
Limitation of liability
(1) We shall only be liable in cases of intent, gross negligence, negligent injury to life, limb or health or slightly negligent breach of a material contractual obligation. contractual obligation, and only in the case of paid services or offered services. A "material contractual obligation" means an obligation the fulfillment of which is a basic requirement for the proper performance of the agreement and on which you normally rely and on which you can reasonably rely. Our liability for slightly negligent breach of a material contractual obligation is limited to the amount of usual and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly given a guarantee remains unaffected.
(2) The above provisions shall apply to our contractual (including liability for futile expenses) and non-contractual liability (including liability in tort) as well as to liability arising from transactions prior to the conclusion of the contract (culpa in contrahendo). They also apply in favor of our managing directors, executives or other legal representatives, employees and vicarious agents.
Change of conditions and services; discontinuation
We reserve the right to amend these Terms from time to time at our sole discretion to reflect changes in the law or additional features that we may introduce or as we otherwise develop our business. You should therefore review these Terms regularly and in any event during the booking process when you finalize a booking. The new terms will apply to any new order you place after the effective date of the new terms. If ongoing services used by you are affected by the changes to the Terms, we will take your legitimate interests into account in an appropriate manner. We will inform you of such changes in good time in advance. You will be deemed to have accepted the changes if you do not object to them within two months of this notification. We will point this out to you in our notification. If you object to the changes, we will have a special right of termination - without any further obligations to you - which will take effect on the date the changes come into force. We may modify the Services, discontinue providing the Services or one or more features of the Services offered, or restrict the Services. We may terminate or suspend access to the Services permanently or temporarily, for any reason and without further obligation. We will notify you in good time in advance if this is possible under the given circumstances and take your legitimate interests into account appropriately in such measures.
Links to third party websites
The Services may contain links that allow you to leave the Site. Unless otherwise stated, the linked sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. We are not responsible for transmissions received from any linked site. Links to third party websites are provided for informational purposes only. The fact that we have included links to other websites does not imply that we endorse their ownership or content.
Applicable law
(1) These Terms and Conditions shall be governed by and construed in accordance with the laws of the Federal Republic of Germany (without regard to its conflict of law provisions).
(2) The European Commission provides a platform for online dispute resolution (ODR), available at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to settle disputes with consumers before alternative dispute resolution bodies.
Miscellaneous
(1) No waiver by either party of any breach or default under these Terms shall constitute a waiver of any preceding or subsequent breach or default.
(2) The headings used in these terms and conditions are for ease of understanding only and have no legal significance.
(3) Unless expressly provided otherwise, if any part of these Terms is held to be unlawful or unenforceable for any reason, it is agreed that such part of the Terms shall be deleted and the remaining Terms shall remain unaffected and in full force and effect.
(4) You may not assign your agreement with us under these Terms or any or all of your contractual rights or obligations without our prior written consent.
(5) These Terms constitute the entire agreement and supersede all prior written or oral agreements between you and us in connection with the Services and the booking of Services offered.
(6) The provisions of these Terms which by their nature are intended to survive any such action by us shall survive, including, without limitation, provisions regarding indemnification, hold harmless, disclaimers, limitations of liability and this "Miscellaneous" section.
Contact us
To contact us, please send an e-mail to:
Name: Sandro Popovic
Address: Heinrich-Gebhard-Str. 12, 61239 Ober-Mörlen