GENERAL TERMS AND CONDITIONS

The following terms and conditions govern all online offers, sales and purchases of products through the website(s) currently located at:

ConnectiX GmbH, Rigaer Str. 60, 10247 Berlin (Germany)

USt-ID-Nr.: DE337605196

These terms hereby incorporate the terms and conditions of the Privacy Policy (https://wave-lovers.com/privacy-policy) applicable to the Site.

1 DEFINITIONS

The following terms and expressions shall have the following meanings:

a) 'consumer' means any natural person who is acting wholly or mainly for purposes which are outside his trade, business, craft or profession;

b) 'day' means a calendar day;

c) 'durable medium' means any instrument which enables you or the trader to store information addressed personally to him in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the information stored;

d) 'digital content’ means data which are produced and supplied in digital form;

e) ‘product(s)’ means the hardware and software product(s) and related accessories listed and described on the Site which Trader agrees to provide to you in accordance with these General Terms and Conditions;

2 IDENTITY

Products sold through the Site are sold to you by ConnectiX GmbH ("wave-lovers" or "Trader" or "us").

wave-lovers' contact information is as follows:

ConnectiX GmbH, Baruther Str. 23, 15806 Zossen (Germany)

USt-ID-No / VAT: DE337605196 (Intra-Community-Tax-Approved)

German Chamber of Commerce: HRB 33389 P

For Complaints please contact: info@wave-lovers.com

3 APPLICABILITY

These General Terms and Conditions apply to every offer of Trader and every contract concluded between Trader and you. Local laws and regulations where you reside may affect certain terms and conditions. These General Terms and Conditions, accordingly, are subject to local variation depending on the applicable governing law. We reserve the right to make changes to these General Terms and Conditions and how we interact with you, including fulfilling your orders, at any time, to ensure compliance with local laws and regulations.

4 ORDERING AND CONTRACTING

4.1. When you visit the site, place an order, or send e-mails to us, you are communicating with us electronically. For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights related to electronic communications.

4.2. You will be asked before the order confirmation to expressly accept these General Terms and Conditions and you represent and warrant that you are eighteen (18) years of age or older and have the legal right to use the payment means selected by you. Verification of information provided by you may be required prior to the confirmation or acceptance of an order or completion of any purchase. You will have an opportunity to review your order, and to correct any input errors, prior to submitting your order to us.

4.3. After receipt of your order confirmation, we will send to you, without undue delay, an acknowledgement of receipt and the confirmation by email that we have shipped the product to you. Note that we will only deliver products to your address. We will inform you by email if, to due circumstances not within the Trader’s reasonable control, a product you ordered is unavailable or if we will be unable to ship a product within the estimated delivery dates.

4.4. All relevant sales information shall form an integral part of the contract and shall not be altered unless we have expressly agreed otherwise.

5 WITHDRAWAL

5.1. By submitting your order or purchasing one of the products offered on our website, you expressly waive your 14-day right of withdrawal. Our costs for the organization of the revocation (e.g. payment processing, packaging, shipping, contractual payment and delivery obligations on our part in connection with your order) would lead to an enormous effort on our part, which is NOT reasonable due to the value of the goods.

5.2. Should you nevertheless wish to withdraw from your contract by means of a clear declaration within 14 days of receipt of the goods, you will be asked to explain the reasons for this to us in detail. In any case, the burden of proof for the existence of the right of withdrawal lies with you. The declaration is valid via the contact options provided by us on our website, we strongly recommend communication by e-mail. Please use the subject "REVOKE REQUEST" and provide us with all the necessary contact information (tel, email, address). In this case, we will send you an acknowledgement of receipt of the revocation. Upon receipt of your request, we will contact you personally within the next 3 working days to review your case with you and clarify the next steps.

5.3. In the case of a requested withdrawal reason is understandable for us we can allow you the withdrawal of your purchased goods even if you confirmed your Waive under 5.1. In case of acceptance of withdrawal from our side shall terminate the obligations of the parties to perform the contract. In this case any ancillary contracts shall be automatically terminated as well. Under no circumstances does a right of withdrawal exist if:

a. the seal attached to the battery contact is broken or tampered with;

b. Similarly, if the product (or parts of the product) has come into contact with water or

c. it is not possible to return it in the original packaging supplied.

6 DELIVERY AND EXECUTION

6.1. Into our shop we are offering 2 different delivery options of each products: "Direct Sale (in stock)" and "Early Bird Sale". The estimated delivery time for direct sale products is 10 working days. The estimated delivery time for early bird sale products 60 days. The shown delivery times within these options are estimated delivery times. The delivery time starts with the receiving of the full payment on our bank account.

6.2. Where we have failed to fulfil our obligation to deliver the products at the time agreed upon with you or within the time limit set out in clause 6.1, you shall call upon us to make the delivery and/or commencement within an additional period of time appropriate to the circumstances. If we fail to deliver the products within that additional period of time, you shall be entitled to terminate the contract. The above shall not be applicable to sales contracts or where delivery or commencement within the agreed delivery period is essential taking into account all the circumstances attending the conclusion of the contract or where you inform us, prior to the conclusion of the contract, that delivery by or on a specified date is essential. In those cases, if we fail to deliver the products at the time agreed upon with you or within the time limit set out in clause 6.1, you shall be entitled to terminate the contract immediately.

6.3. Upon termination of the contract in accordance with clause 6.2, we shall, without undue delay, reimburse all sums paid under the contract.

6.4. Orders are shipped on weekdays (Monday through Friday), except for applicable national holidays in Germany and Spain. If any products in your shopping cart indicate “Pre-Order“ as the status, your entire order will be delayed until all of the items in your order are in stock. You will receive a shipment confirmation e-mail with carrier tracking information on the day that your order ships from our warehouse. When an order is placed, it will be shipped to the shipping address designated by you as long as that shipping address is complete.

All shipments are made by an independent third party carrier. Shipping dates on the Site are estimates and are not binding. We will inform you by email upon shipment of a product. In case of conflict between this clause 6.4 and another part of clause 6, that other part shall prevail.

6.5. Subject to clause 6.7, the title, risk of loss of or damage to the products shall pass to you when you or a third party indicated by you and other than the carrier has acquired the physical possession of the products.

6.6. Our standard shipping charges are based on the total value and/or size and/or weight of merchandise shipped in a single shipment and the shipping address. This standard shipping charges ensure the estimated delivery date. In case a customer is asking for an express delivery, we are able to charge additional charges for this service.

6.7. Title to all products shall only pass to you when we have received final payment in full.

7 PRICE AND PAYMENT

7.1. The prices displayed on the Site are the total prices quoted in the applicable currency based on the location you have selected, inclusive of taxes and shipping, or where the nature of the products is such that the price cannot reasonably be calculated in advance, the Site shall display the manner in which the price is to be calculated, as well as, where applicable, all additional freight, delivery or postal charges and any other costs or, where those charges cannot reasonably be calculated in advance, the fact that such additional charges may be payable.

7.2. In the event of a material pricing error on an item that you have ordered, we will notify you and await your approval of the corrected price before continuing to process your order. Your credit card or other payment instrument will be billed by Trader and the charge may appear on your statement as “ConnectiX GmbH”. In case of a material pricing error you do not wish to proceed with your order, we will promptly refund any amounts previously billed.

8 WARRANTY

8.1. We warrant that for a period of one (1) year as from delivery of the product, the product will be in compliance with the contract, the manufacturer’s specifications and warranty terms supplied with the product, the reasonable requirements of usability and/or reliability, and the existing provisions of the applicable laws and / or governmental regulations on the date the contract was entered into. This warranty does not apply to products damaged by misuse, accident, or normal wear and tear. Because of possible user resealing error, this product is not warranted against water housing leakage or any resulting damage.

In the event of a defect, please contact us via e-mail.

8.2. The following clause does not apply if you are a consumer. Our sole obligation under the warranty at clause 8.1 will be at our option to repair or replace the product.

ALL IMPLIED WARRANTIES OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE ARE

LIMITED TO THE DURATION OF THE WARRANTY AT CLAUSE [8.1]. ConnectiX GmbH DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ConnectiX GmbH BE LIABLE FOR ANY LOSS OF DATA, REVENUE OR PROFIT, OR FOR ANY INDIRECT DAMAGES, LOSS OF BUSINESS AND REPUTATION, HOWEVER CAUSED, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF ConnectiX GmbH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ConnectiX GmbH’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. IN NO EVENT WILL ConnectiX GmbH BE LIABLE FOR ANY LOSSES OR DAMAGE INCURRED BY ANY BUSINESS, TRADE, CRAFT OR PROFESSION CARRIED ON BY YOU OR ANY OTHER PERSON USING PRODUCTS PURCHASED UNDER THESE TERMS.

8.3. Warranty returns are limited to each product's individual warranty as defined on the product's packaging and specific warranty instructions. If you experience a problem with one of your product, we suggest you first contact our support team for assistance.

8.4. Some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. The above warranty gives you specific legal rights. If you are a consumer, these rights do not affect your legal rights under applicable national legislation governing the sale of consumer products.

9 LIABILITY

9.1. If you are a consumer, we will only be liable for losses that are a natural, foreseeable consequence of our breach of these Terms and Conditions and in no event for loss of data or indirect loss. If you use the Products for commercial, business or resale purposes, we will not be liable to you for any loss of profit, loss of business, business interruption or loss of business opportunity. The foregoing shall not affect your non-excludable statutory rights and shall apply only to the extent permitted by applicable law.

9.2. If you are not a consumer: Subject to clause 8. 2 and except as otherwise provided in these Terms and Conditions, we shall not be liable (for damage to property or personal injury or otherwise) in connection with these Terms and Conditions and any orders, products or purchases except to the extent that any damage arises from the wilful misconduct or gross negligence of us or our representatives or agents or to the extent that our liability cannot validly be excluded under applicable law.

10 PERSONAL INFORMATION AND YOUR PRIVACY AND EXPORT CONTROL

We comply with all data protection laws and will use data which could be used to identify you personally (“Personal data”) only as set out in our Privacy Policy.

10.1. Please note that products, which may include technology and software, are subject to E.U. export laws as well as the laws of the country where they are delivered or used. You agree to abide by these laws. Under these laws, product(s) may not be sold, leased, or transferred to restricted countries, restricted end-users, or for restricted end-uses.

11 ASSIGNMENT

The Contract formed under these General Terms and Conditions is personal to you and you are not permitted to assign or transfer it to any other person without the Trader’s prior written consent. The Trader has the right to assign the contract in full or in part to any company or entity for business reasons provided this would not serve to reduce the guarantees for the consumer.

12 APPLICABLE LAW AND EXCLUSIVE JURISDICTION

12.1. If you are a consumer: notwithstanding anything to the contrary in the Terms of Use and unless the law where you reside provides otherwise, these General Terms and Conditions and your purchases are governed by the laws of Germany without regard to conflict of laws principles. You submit to the non-exclusive jurisdiction of the courts of Germany. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

12.2. If you are not a consumer: notwithstanding anything to the contrary in the Terms of Use, these General Terms and Conditions and your purchases are governed by German laws, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Any dispute arising from or in connection with the Terms of Use, these General Terms and Conditions and your purchases shall be submitted to the exclusive jurisdiction of the competent court in Germany.

12.3. The rights you have under these General Terms and Conditions are in addition to and do not affect the statutory rights and remedies you have under applicable consumer protection law. In the event of conflict between these General Terms and Conditions and applicable consumer protection law, your statutory rights under applicable consumer protection law shall prevail.

WARRANTY INFORMATION (Outside the EU)

This warranty forms an integrated part of the purchase agreement between the private individual purchasing of our product (the “Customer”) and wave-lovers or the authorized dealer, as applicable.

1 Warranty

Subject to the conditions set out herein, wave-lovers will (in some cases, as specified below under “Communication”, through an authorized dealer) remedy defects or nonconformities resulting from defects in design, materials or workmanship of the wave-lovers product, provided that

a) the defect is notified to wave-lovers or, if applicable, the authorized dealer within a reasonable time after the defect came to, or ought to have come to, the Customer’s attention and in no event later than prior to the expiry of a 12 months period after the date of delivery; and b) that the product is proven defective (the “Warranty”).

This Warranty applies to all products purchased for final, recreational use by private individuals only. The Warranty is only valid for the original Customer and cannot be transferred to a third party. The battery, like all lithium-ion batteries, will experience gradual energy or power loss with time and use. Loss of battery energy or power over time or due to or resulting from battery usage is NOT covered under this battery Warranty. The Warranty for the battery is limited to 12 months or a maximum of 100 charging cycles, which-ever comes first.

The Warranty does not cover:

a) defects caused by the batteries due to Customer’s negligence and/or failure to i) install and connect Apps from App Store or Google Play as means of communicating battery status with the product at any given use or ii) follow proper safety protocols as stated by the manufacturer in the included printed user manual, safety instructions prescribed on the manufacturers product, safety instructions prescribed on the battery and/or the user manual in the manufacturers App.

b) defects caused by negligence, mistreatment or failure to follow instructions issued by the manufacturer;

c) faulty maintenance, handling or incorrect storage by the Customer;

d) alterations or modifications of the product carried out without the manufacturer's prior written consent;

e) repairs or any other work done on or in relation to the product by anyone other than the manufacturer; or

f) normal wear and tear and deterioration.

The herein stated sets out the full and complete warranty, express or implied, including without limitation in respect of satisfactory quality, merchantability and fitness for purpose, that is provided in relation to the product and all liability based on other grounds is hereby disclaimed.

Limitation of liability

The liability hereunder is limited to repair and/or replacement, at manufacturer’s sole discretion, of the defective part or component. Neither wave-lovers nor the manufacturer or the authorized dealer shall be liable for any damages, whether direct or indirect, consequential damages, loss of use, loss of production, loss of profit or whatever kind or nature.

Neither wave-lovers nor the manufacturer or the authorized dealer shall have any liability whatsoever in respect of the Customer’s use of the product or in respect of any requirement to obtain registrations, licenses, approvals or similar by any governmental authority or agency.

Communication

Any communication or Warranty claims shall be directed as follows

a) if the product is purchased through an authorized dealer (the authorized dealers are listed on wave-lovers.com) – to the authorized dealer; or

b) if the product is purchased elsewhere (e.g. via wave-lovers.com) – directly to us.

Governing law and dispute resolution

This warranty information, subject to your local laws, shall be governed by and be construed in accordance with the laws of Germany, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

This Warranty gives you specific legal rights. These rights do not substitute for or affect your statutory rights under your local law. In addition to the rights arising under this Warranty, you may have additional rights arising from your local law including, but not limited to, any statutory warranty rights.

Any dispute, controversy or claim arising out of or in connection with this warranty information, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in Berlin, Germany. The language to be used in the arbitral proceeding shall be English, unless both parties agree otherwise.

In the event that any provision of this Warranty is held by a court of competent jurisdiction to be unenforceable because it is invalid or in conflict with any law of any relevant jurisdiction, the validity of the remaining provisions shall not be affected.

The rights and obligations of the parties shall be construed and enforced as if this Warranty did not contain particular provisions held to be unenforceable, and the unenforceable provisions shall be replaced by provisions which, being valid, legal and enforceable, come closest to wave-lovers' intention underlying the invalid or unenforceable provision.

General conditions of hiring and rental of electrical watersport equipment and the Academy & Testflights.

I further agree to return said equipment in the same condition as when rented. I further agree to pay for all equipment broken or loss or any damage done whatsoever to the rented equipment. The equipment is tested and checked prior to be rented out.
I rent this equipment entirely at my own risk and assume all responsibilities for all performance while under lease to me. Any and all claims arising as a result of incidents involving said rented equipment are the sole responsibility of the undersigned during the rental period and the renter will hold the hirer (and any agent) free and harmless of any
action or lawsuits. Any and all damage will be paid for immediately upon returning said equipment or lost equipment to the hirer.
Any new damage on the hull (scratch, chip) will be covered with EUR 300,-. Any larger damage on the hull (crack, hole) at cost of repair. Loss will be covered according secondary value of the water toy according to the value assessment of the local water toy trader.

1. The rental period of the contracted unit shall be as shown on the front of this document, and the unit shall be delivered at the agreed date and place. The return of the rented unit shall be made at the same place where it was delivered and at the time agreed upon by both parties. The rented equipment must be returned personally to the lessor at the agreed time. If the return time is exceeded, the hirer is obliged to pay additional rent per hour or per day as compensation. The lessee reserves the right to prove that the lessor has suffered no loss or a considerably lesser loss as a result of exceeding the rental period. The lessor may terminate the rental agreement without notice if an important reason becomes known which makes the continuation of the rental agreement unreasonable. The most important reasons are, in particular, false statements by the tenant about his person, his creditworthiness, as well as serious breach of contractual obligations. In the event of termination without notice, the rented equipment must be returned immediately, even before the expiry of the ordinary rental period. Furthermore, claims for damages shall remain unaffected.

2. The Payment of the rental fee and deposit of the security deposit must be made before the start of the service. The rental does not include comprehensive insurance.

3. The lessee undertakes to provide his fiscal data in order to facilitate the invoicing to the lessor. Any false information about his fiscal identity provided by the Hirer to the Rental Firm will be the responsibility of the Hirer before the Spanish authorities.

4. The rental equipment is delivered in perfect seaworthy condition and with a fully charged battery. Listed below are all available categories of electric water toys and the rules of use and safety. All rental equipment must be within 500 meters of the shore lines and never within the yellow beach marker buoys. Areas with bathers or divers should be avoided. A distance of at least 20 meters from other people (boats, swimmers, SUPs, canoes, other electric or non-electric surfboards, efoils, air mattresses, etc.) and objects in the water must be maintained. If this distance is not maintained, the control lever must be released immediately to stop the motor. The motor should not be restarted until a minimum distance of 20 meters can be maintained.

4.1. Electric E-Foil (Flying Board): The Efoil is always placed in the water with the bottom side up between two people holding it by the corresponding supports on the board. Only from a depth of at least 2 meters can the Efoil be rotated in the water. The instructor will instruct the client on how to put the board in the water from the boat platform and at the end of use to put it back in the boat so that the Efoil is not damaged.

4.2. Electric surfboard or jetboard: The unit must always be carried by two people. And follow the same procedure to put the board in and out of the boat by the platform of the boat as mentioned in the Efoil.

4.3. Electric underwater scooter (dive-scooter): The unit must always be transported by two people using the side handles of the unit (not the handles of the controls), placing it on a flat, stable and dry surface. It shall not be thrown into the sea from a boat, a dock, a pier or from the shore. It shall not be stored inside a vehicle or exposed to direct sunlight. The battery compartment shall not be opened and the batteries shall not be struck or punctured. Do not touch the operating propellant jet or attempt to remove any object that may have entered the jet. In such a case, you will communicate the incident to the lessor so that it can be solved. The maximum depth of immersion will be 2 meters. Dives deeper than the stipulated 2 meters will only be allowed, upon request, to professional divers who can prove their qualification, certification and experience for this purpose. Wearing a diving mask during use is mandatory. In addition, it is the obligation to use and throw out a marker buoy. This is to draw the attention of other boats and water sports equipment users to the person under water. Should the user/renter suffer personal injury due to the non-use of the buoy, the renter shall bear the sole and exclusive responsibility for such injury.

4.4. SUP (electric paddle): Electric paddle should never be operated inside the yellow beach marker buoys. To turn off the motor, press the off button on the remote control.

5. The use of any of the categories described above is recreational and may only be used in bathing areas that allow the use of the same. The lessor shall provide the lessee with the pertinent instructions aimed at the proper use of the rented unit, as well as the indications and safety measures to use the unit safely and without risk to the physical integrity of the user/lessee and third parties. The unit hired by the lessee may not be subleased without the consent, in writing, of the lessor.

5.1. The lessee is forbidden to participate in motor sports events. Commercial use - monetary transportation of passengers - as well as subsequent rental are strictly prohibited. Trips abroad require the express consent of the Rental Firm. The lessee has to respect the legal regulations, especially the maritime traffic laws. The Hirer is liable for all warnings, fines and penalties, including costs incurred by the Rental Firm as a result of his use of the rented electrical equipment. The lessee confirms that he/she is aware of the Sport Boat Rental Ordinance in particular his/her obligations.

5.2. Too repeated actions and gross negligence in the handling of any electrical equipment or non-observance of the rules of inland and maritime navigation may result in immediate termination of the lease by the lessor. The tenant's claims are considered forfeited. The lessor shall deliver the equipment in a flawless, clean, operational and roadworthy condition. The Rental Firm will only acknowledge the above damages if this is stated in writing in the rental agreement at the time of handover. Claims for damages by the Hirer are excluded, unless the Rental Firm has acted with intent or gross negligence. For acts and omissions of the Hirer for which the Rental Firm is held liable by third parties, the Hirer shall indemnify the Rental Firm against all consequences under private and criminal law, including all costs of legal action at home and abroad. The lessee takes over the rented electrical equipment under his own and sole responsibility. It is pointed out that the conclusion of liability insurance by the lessor does not entail any exemption of the lessee from liability for damages which are not covered by the insurance or in respect of which the insurance has expressly reserved the right of recourse against the lessee. This applies in particular to damages based on gross negligence, intent or breach of contract, as well as to any consequential damages. In case of infringement by the lessee of the maritime regulations of the Balearic Islands or any other local administration, the lessee shall be liable for all fines, penalties or liabilities that may arise, as well as all the consequences thereof. In case of capture of any rented equipment due to the fault of the lessee, the lessee shall pay to the lessor as compensation for damages caused a sum equivalent to twice the daily rental price for each day that elapses until the restitution of the same by the Authorities. In case of confiscation, the customer shall pay the full value of the rented equipment within seven days, without prejudice to any legal action that may be appropriate to claim any damages caused. Insurance and Responsibility for equipment provided: The participant is responsible for the equipment provided for the activity. The organizer/landlord is not responsible for any damage that may be caused by the equipment made available in case of imprudence or negligence or for not following the instructions. In case of loss, theft or deterioration of the equipment provided, the participant/client will be asked for a compensation related to wear and tear or a full refund of the equipment. The contracted unit(s) shall be returned in perfect seaworthy condition and without any damage to its structure, together with the accessories supplied upon delivery. In case of non-return of any accessory or in case of damage not recorded upon delivery, a security deposit of 1.500 € (one thousand five hundred euros) is going to be block on a credit card, for which the lessee, in order to settle this amount in good faith, authorizes the lessor to use the credit card (deposit) registered on the front of this document. In case of major damage, loss or theft of the contracted unit, attributable to carelessness, negligence, lack of interest, disregard, imprudence or misuse of the lessee, the lessee shall be ultimately responsible and shall bear the total economic cost of any of these facts. Insurance and liability for equipment provided: The participant is responsible for the equipment provided for the activity. The organizer/landlord cannot be held responsible for any damage caused by the equipment made available in case of carelessness or negligence or by not following the instructions. In case of loss, theft or deterioration of the equipment provided, the participant/client will be asked for a compensation related to wear and tear or a full refund of the equipment in the following amounts: (E-FOIL Equipment) Broken Board or Mast (fuselage): 2000 €, Propeller: 250 €, Main Wing or Remote Control: 600 €, Small wing: 300€.

5.3. Behavior in case of accidents and other damages. In the event of damage, including damage or accidents in which no third parties are involved, the Hirer is obliged to first notify the Rental Firm (or the police, if applicable) immediately. Towing and/or repair services will only be arranged after consultation with the Rental Firm. In the event of an accident, the Rental Firm and, if necessary, the police must be called immediately. Evidence (witnesses, traces, etc.) must be secured, the details of the parties involved must be ascertained and everything must be done that can contribute to the correct and complete clarification of the course of the accident. The lessee undertakes not to make any admission of guilt and not to take any other action (payments, settlements) that could compromise the insurance coverage. In the case of having to report to the insurance and open a file, the customer must pay the amount of 300 € for the corresponding administrative costs.

6. In the case of contracts for more than one day, the lessee undertakes to comply with the following safety instructions with respect to the contracted unit:

6.1. At the end of its use, wash the entire exterior surface of the unit with fresh water and then proceed to a thorough drying, with special emphasis on connectors, screws and threads, as well as the display and buttons of the equipment. Charge the battery until the indicator shows 100%, always in perfect conditions of watertightness and absence of humidity. Make sure to close the connection cap perfectly after charging.

6.2. Always switch off the unit after use.

7. The following recommendations must be taken into account and must be faithfully followed for a safe use of the contracted unit and non-compliance with them will be subject to possible actions against the user/lessee for non-compliance:

7.1. The contracted unit or units may not be used in the open sea, transit areas and maritime maneuvers, jetties, docks or near vessels under navigation.

7.2. The rented unit or units may not be used by persons under 18 years of age, unless supervised by the adult responsible for them. The unit shall not be used by persons with pacemakers, persons with health problems, persons in a state of drunkenness or who have consumed drugs or medications that impair their physical capacities. Users must wear appropriate bathing clothes for the occasion, with short hair or, failing that, a bathing cap. The user/lessee must check at all times that the battery charge level is sufficient to allow it to return to its origin without problems, and that it does not heat up above 60 degrees Celsius.

7.3. The unit(s) may not be used in sea areas subject to strong winds, low visibility, currents, swell or in storm situations with electrical apparatus. It shall not be moored in rocky areas, in shallows, on boats or floating objects, in beach access channels, on the coast or on jetties, piers or docks. It may not be used for fishing, rescue or salvage work, in regattas, or for sanctionable or illegal activities.

8. The user of the contracted unit or units shall be liable in case of prosecution for non-compliance with maritime and/or customs rules and regulations, the lessee being vicariously liable (the lessor remaining unharmed). In case of accident, if the insurance company contracted by the lessor to cover the all risk insurance and/or civil liability and/or third parties does not respond to cover the damages and any other expense derived from the accident, the lessee shall be ultimately responsible, exempting the lessor from any liability.

9. The parties expressly waive any other jurisdiction to which they may be entitled and expressly admit and agree that the jurisdiction to settle any controversy, discrepancy or dispute arising from the interpretation of this contract shall be that of the Courts and Tribunals of the city of Palma de Mallorca. All notices, summons, requests and other communications to be made in connection with this contract must be in writing and shall be deemed to have been duly received when delivered by hand or sent by registered mail to the addresses listed in the heading of this contract, or to the addresses that either party communicates to the other in writing in the manner provided for in this clause.

10. Personal data. The Hirer agrees to the storage of his personal data. In the event of non-payment, failure to return the rented equipment in accordance with the contract or other reasons justifying the termination of the rental contract without notice, personal data may be entered in a central alert file.

11. Training and instruction

11.1. The Customer declares and acknowledges that he/she has the necessary knowledge and experience to operate the Equipment.

11.2. WAVE-LOVERS representatives may be called upon to provide the Customer with start-up operator training, professional instruction or training lessons, if necessary and requested by the Customer. For the avoidance of doubt, the cost of initial operator training, professional instruction or training lessons is not included in the Order and will be quoted separately if requested.

12. If the renter or participant of the e-foil academy does not follow the rules from paragraph 4.) or other instructions by the supervisors, the course/tour will be canceled without refund.

13. Company representative or others, frequently take pictures and videos of customers. We reserve the right to use this photos/videos in our brochures, social media, and any other promotional material.

14. The invalidity of a paragraph of these GTCs does not lead to the invalidity of other paragraphs of these GTCs.

Terms & Conditions | Event Organisation Services

1. General information and scope of application
The present General Terms and Conditions shall apply to all offers, deliveries and services of the contractor of EVENTS organised and/or performed by ConnectiX GmbH.
The following terms and conditions are an integral part of all contracts and supplementary agreements concluded between the principal and the contractor. Subsidiary agreements are only valid insofar as the principal and the contractor have expressly agreed to them in writing.

2. Formation of the contract (= event organisation contract)
The object of the event organisation contract is the preparation and implementation of the event (=event) at the location agreed with the Client. The event organisation contract shall be concluded by acceptance of our individually prepared order confirmation. Changes and additions must be made in writing.

Offers from the client are always subject to change as long as the contract has not been concluded and as long as nothing to the contrary has been stipulated expressly or in writing.
With the conclusion of the contract as well as the acceptance of deliveries and services by the Agency, the Client declares in any case the acceptance of these General Terms and Conditions.
In the event of subsequent changes and/or additions to the contents of the contract, we reserve the right to adjust the final event price calculation accordingly. Our preliminary work and research for the development of the requested event concept, offers as well as the drafting of associated event organisation contracts shall be invoiced if this has been individually agreed in advance.
If ConnectiX GmbH also provides additional organisational activities (e.g. organisation of arrivals and departures, procurement of accommodation or similar), ConnectiX GmbH does not act as an organiser, but merely as an agent for this service. For this ConnectiX GmbH may receive brokerage fees from third parties.

3. Contractual partner
ConnectiX GmbH is the contracting party of the principal. Its tasks also include suggesting subcontractors to the principal for the implementation of services connected with the event (e.g. catering companies, wedding planners, charter companies, transport companies or similar).
Communication with the subcontractors shall take place exclusively via ConnectiX GmbH. It is the general contractor commissioned by the client and it in turn commissions the subcontractors. It is thus responsible for the successful interaction of the commissioned companies. In justified cases ConnectiX GmbH is free to replace initially proposed (or already commissioned) subcontractors with others offering comparable or better services within the agreed overall event framework (e.g. transport companies).

4. Cooperation obligations of the Client
The Client shall be obliged to perform the necessary acts of cooperation, in particular the transmission of personal data and the handing over of necessary documents and information, in due time. The Client undertakes to immediately communicate any changes or news that are of importance for the consultation, conception, planning, organisation and/or supervision of the event.
The client is obliged to check delivered interim reports and interim results without delay and to notify corrections/change requests in writing without delay. The client has a duty to inform and advise with regard to all details, any special features or changes to the event that is the subject of the contract. Any registration of artists’ performances with GEMA and the corresponding fee payments shall be the sole obligation of the Client. The client shall also be solely responsible for obtaining all necessary official permits and/or registrations in good time. Should any conditions have been imposed by an authority, these shall be notified to the Agency without delay.

5. Payment agreement
The prices quoted by the Agency are net prices (excluding the applicable statutory value-added tax) which shall be shown separately. The event organisation price agreed individually with the Client shall be due for payment as follows, subject to any other specific agreement. Deposits paid shall at the same time be regarded as cancellation fees.

  • Initial payment € 1,500 (plus 21 % VAT) when the order is placed to secure the date of the event
  • 40% upon confirmation of the final overall offer (= placing of the order = event organisation contract)
  • 30% instalment 2 months before the start of the event
  • 30% final payment 14 working days before the start of the event

The present contract is subject to the timely payment of the aforementioned partial amounts. If the deadline is exceeded, the present contract shall lose its effect.
The client is free at any time to make payments at an earlier date as well as to combine payments at an earlier date (e.g. 60% final payment already 2 months before the start of the event).

6. Cancellation/termination
The parties are legally entitled to terminate the present contract for extraordinary reasons. Such reasons include:

  • Failure to provide services owed under the contract despite a written reminder and setting of a deadline
  • Significant breach of contractual obligations by the other party, so that further performance of the contract becomes unreasonable.
  • Initiation of preliminary insolvency proceedings on the assets of the other party to the contract
    In any case, notice of termination shall be given in writing to the other contracting party. In the event
    of the termination of the contract as well as the withdrawal from the contract as regulated above the

following shall apply: Insofar as the contractor (ConnectiX GmbH) has issued claims, services and payments to third parties (e.g. subcontractors) on behalf of the contracting party arising from the latter’s payments, commissions and related payments and/or contractual obligations, these claims, services and payments shall be repaid to the contracting party by the commissioned third parties.
Should a contractual partner (e.g. the commissioned third party; the subcontractor) refuse to repay, the contractor is obliged to assign their repayment claim to the client.
Withdrawal from the contract is only permissible in written form.
The withdrawal costs shall be offset against the down payment made.
The following shall apply in principle: Deposits are intended to secure deadlines and shall at the same time be regarded as cancellation fees. Refunds are excluded.

7. Non-performance and warranty

7.1. In case of non-performance or late performance of the contract by the cosigning party, i.e. in particular in case of non-performance or late performance of the duties to co-operate in articles 3 and 4, ConnectiX GmbH, as well as the cosigning party in case of substantial breaches of duty on the part of ConnectiX GmbH, shall be entitled to withdraw from the contract.
A claim for reimbursement of the advance payments made by the cosigning party does not exist in this respect if the latter withdraws from the contract or orders changes from the original scope of the contract which are not accepted by ConnectiX GmbH because it has already made expenditures, entered into obligations and performed its prepared actions.

7.2. Insofar as the partial or complete realisation of the event is not possible for a reason for which ConnectiX GmbH or one of its subcontractors is responsible, the following regulation applies:
In case of non-realisation of a partial performance, the corresponding claim for partial compensation shall lapse in favour of ConnectiX GmbH insofar as the contracting party or event participants invited by the contracting party suffer damage due to culpable behaviour of a subcontractor, this subcontractor shall be directly liable to the contracting party. In this case the company ConnectiX GmbH commits itself to support the orderer to receive his compensation. It is released from any responsibility provided that it immediately notifies the principal of any incident or unforeseen event that has occurred with a subcontractor.

7.3. The liability of ConnectiX GmbH is limited exclusively to its own actions taken without due diligence. The amount of liability is limited to the agreed total agency fee of the respective event.

7.4. Warranty claims and claims for damages against ConnectiX GmbH shall be notified to ConnectiX GmbH within one week after the event, shall be substantiated and proven and shall be asserted in detail within 3 months.

7.5. If an event occurs that makes the entire event or part of the service impossible and for which ConnectiX GmbH is not directly responsible, ConnectiX GmbH must refund the amounts paid by the client, provided that they have not yet been used for the payment or down payment of the work, services or materials ordered by the client. In this case, ConnectiX GmbH’s obligation is limited to assisting the principal in obtaining compensation.
The contractor is not liable within the scope of this contract for the consequences of force majeure.
This includes orders of authorities, wars, civil unrest, aeroplane hijackings, terrorist attacks, fire, floods, power failures, accidents, storms, strikes, lockouts or other industrial action, by which the services of the contractor or their suppliers are affected. The same applies to the occurrence of circumstances that make the Event impossible but were not caused by the Contractor or are otherwise attributable to it.

7.6. The contractor (ConnectiX GmbH) is not liable for printing errors. He is also not liable for additional costs resulting from printing errors. The review of printed matter is the sole responsibility of the principal.
The contractor undertakes to inform the client immediately upon becoming aware of significant event budget overruns and to obtain the client’s confirmation. The review of the budget plan is the sole responsibility of the Client; the Contractor shall not be liable for any budget overruns. The Contractor shall support the Client in the decision-making process, but the Client shall nevertheless be responsible for the scope of the budget.

7.7. Any costs incurred in the event of damage to or loss of the decoration shall be borne by the client. In case of particularly heavy soiling of the rental material, additional costs may arise which will be charged according to the actual cleaning effort. ConnectiX GmbH is not liable for any damage or fire caused by the rental material of any kind, as well as consequential damages and does not meet any cost obligations. For this reason we recommend that the client takes out separate insurance to cover all event risks in advance of the event.
All electrical items must be disconnected from the mains in the event of damp or rain. Please note that flowers are a natural product and variations may occur depending on the season and time of year.

8. Photo rights
The ordering party agrees that the photo and film material created in the course of the event may be used for advertising purposes, e.g. on the internet, at trade fairs, in printed form or also in social networks by ConnectiX GmbH as well as the commissioned photographers. This right may be revoked by the client at any time.

9. Applicable law and jurisdiction
The event organisation contract is subject to German law. The place of jurisdiction is Berlin.

10. Validity and partial invalidity – severability clause
If individual provisions of these General Terms and Conditions should be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes as close as possible to the intended purpose.

11. Data protection
ConnectiX GmbH undertakes to treat the personal data and information provided with utmost discretion and to use them only to the extent necessary for the event.
All data provided by the client will be treated with utmost discretion and will only be made available to persons directly entrusted with the organisation and implementation of the event in question (e.g. commissioned subcontractors).
For further information on the applicable data protection regulations, please refer to our data protection guidelines under the following link: [LINK]

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