General Terms and Conditions

General Terms and Conditions of Boarderstyle Inc. 

1. Conclusion of the contract

By registering, the customer makes a binding offer to Boarderstyle Inc – hereinafter referred to as the organiser – to conclude a sports service contract. The registration can be made in writing, verbally, by telephone or by email. It is also made by the applicant for all participants listed in the registration, for whose contractual obligations the applicant is responsible as for his own obligations, provided that he has assumed a corresponding separate obligation by express and separate declaration. The contract is concluded upon acceptance by the organiser. Acceptance must be in writing.

2. Payment

  • Upon conclusion of the contract, a payment of at least 20% is due, or as agreed in the individual case according to the invoice.
  • The remaining payment is due 30 days before the start of the trip or as agreed in the individual case according to the invoice.
  • After full payment of the service price, the customer will receive confirmation by electronic mail/email.

3. Services

  1. The scope of the contractual services is set out in the organiser’s description of services and in the related information in the confirmation of services. Additional agreements that change the scope of the contractual services require express written confirmation.
  2. Agreement on the provision of services at the location of the water sports centre of Boarderstyle Inc, Hurghada – Red Sea Egypt, hereinafter also referred to as ‘Centre’.
    1. Courses, rental and hire is offered by Boarderstyle Inc. for the voluntary and independent use of the respective customer. Boarderstyle Inc. expressly points out that the sports offered – wingfoiling, windsurfing, kitesurfing and SUP – are high-risk sports. The possibility of injury, even with more serious consequences, must be taken into account by every customer.
    2. The customer receives from Boarderstyle Inc. well-maintained and serviced equipment, which is in good condition and according to the possibilities of the difficult supply situation. Every customer is obliged to check the perfect condition of the sports equipment on receipt of the rental equipment and to report any defects to the centre staff. Should any damage to the rented equipment be found after use, this will be the responsibility of the last user/customer.
    3. Die Miete von Sportequipment des Centers setzt die entsprechende Lizenzierung des Kunden voraus. Der Mieter benötigt für Kitemiete eine aktuelle Lizenzierung des VDWS : 
      • At the El Naaba centre in front of the centre – Level 5
      • At the El Naaba lagoon and at the Grand Seas centre – Level 3
      • After a break of several months, riding skills can be lost, which is why level 3 kiters are checked again for their own safety and that of third parties. If your riding ability no longer meets the safety standard, it may be necessary to book a refresher course.
    4. Alcohol and mind-altering substances are prohibited during sporting activities.
    5. Payment for the training or hire service must be made before the start of use. The centre requires a deposit of EUR 50 from each rental customer – this deposit will be refunded in full at the end of the rental period.
    6. Customers with their own sports equipment are obliged to book a surf/kite pass. This sports pass is required for every user of the facility, the centre’s facilities and the beach areas.
    7. We recommend that every customer takes out a sports hull/liability insurance policy, such as the VDWS safety tool and the Südwestring insurance agency.
    8. In the event of damage to rental or training equipment, the customer is obliged to bear the restoration/repair costs of the sports equipment. The customer will be informed of the repair costs on the day of the damage. Payment for damage must be made by the following day at the latest. The centre will provide the customer with a damage invoice and damage images in electronic form (email). The customer is responsible for settling the claim with the relevant insurance company, as the customer is the contractual partner of the insurance company.
    9. Damage includes loss, breakage, tears in the laminate and cloth, scratches with colour damage and surface changes.
    10. Damage calculation – Damage is calculated according to the specified insurance tables. In a few cases there may be deviations. The purchase value according to German dealer prices is taken as the basis here, plus the costs for transport and customs duties to the place of use in Egypt. Repair costs are additionally calculated with a depreciation amount caused by the damage.
    11. A healthy physical condition and fitness is required. In the interests of safety, all illnesses and impairments must be reported to the centre before the start of use.

4. Changes to services and prices

  1. Changes or deviations of individual travel services from the agreed content of the travel contract which become necessary after conclusion of the contract and which were not brought about by the tour operator contrary to good faith are only permitted insofar as the changes or deviations are not significant and do not affect the overall design of the booked trip.
  2. Any warranty claims shall remain unaffected if the modified services are defective.
  3. The organiser is obliged to inform the customer immediately of any changes or deviations in performance. If necessary, the organiser shall offer the customer a free cancellation.

5. Cancellation by the customer, rebooking, replacement persons

  1. The customer may cancel the trip before the start of the trip. The date of receipt of the declaration of cancellation by the organiser is decisive. The customer is advised to declare the cancellation in writing.
  2. If the customer withdraws from the service contract or does not take the trip, the organiser may demand lump-sum cancellation costs as reasonable compensation for the service arrangements made and for its expenses. These flat-rate cancellation costs amount to the corresponding percentage of the service price per registered service participant: Up to 61 days before departure: 25% 60 to 46 days before departure: 40% 45 to 31 days before departure: 50% 30 to 15 days before departure: 70% 14 to 4 days before departure: 90% From the 3rd day before departure and in case of no-show: 95% of the service price There is always a minimum charge of 50 euros per person. When calculating the compensation, any expenses usually saved and any other utilisation of the services must be taken into account.

6. Services not utilised

If the customer does not make use of individual services due to early return or for other compelling reasons, these will be credited as the customer’s personal credit. The voucher/credit can be redeemed with the organiser within a period of 1-3 years. Vouchers are not transferable.

7. Withdrawal and cancellation by the organiser

The tour operator may withdraw from the travel contract before the start of the trip or cancel the travel contract after the start of the trip in the following cases:

  1. a) Without adherence to a deadline If the traveller persistently disrupts the execution of the trip despite a warning from the tour operator or if he behaves in such a way contrary to the contract that the immediate cancellation of the contract is justified. If the tour operator cancels the contract, it retains the right to the tour price, but must deduct the value of the saved expenses and the benefits that it obtains from any other use of the unused services, including the amounts credited to it by the service providers.
  2. b) Up to 2 weeks before departure If an advertised or officially stipulated minimum number of participants is not reached, if a minimum number of participants is stated in the travel advertisement for the relevant trip. In any case, the tour operator is obliged to inform the customer of this immediately after the conditions for the non-realisation of the trip have been met and to send him the declaration of cancellation without delay. The customer shall be refunded the travel price paid without delay. If it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached, the tour operator must inform the customer accordingly.
  3. d) Other deadlines The organiser is at liberty to set cancellation deadlines other than those stated in individual cases. These must be communicated to the customer in the invitation to tender or in the confirmation.

8. Cancellation of the contract due to exceptional circumstances

If the services offered are significantly impeded, jeopardised or impaired as a result of force majeure unforeseeable at the time the contract was concluded, both the organiser and the traveller may terminate the contract.

9. Liability of the tour operator

  1. The tour operator is liable within the scope of the duty of care of a prudent businessman for:
    • 1. conscientious preparation of the trip 2. careful selection and monitoring of the service providers 3. the accuracy of the service description 4. the proper provision of the contractually agreed services.
  2. If, as part of a trip or in addition to it, transport is provided on a scheduled service and the traveller is issued with a corresponding ticket, the tour operator shall provide third-party services in this respect, provided that it expressly refers to this in the travel description and in the travel confirmation. The tour operator is therefore not liable for the provision of the transport service itself. In this case, any liability is governed by the transport regulations of these companies, to which the traveller must be expressly referred and which must be made available to them on request.

10. Limitation of liability

  1. The contractual liability of the organiser is limited to the simple service price, 1. insofar as damage to the traveller is neither caused intentionally nor through gross negligence or 2. insofar as the organiser is responsible for damage caused to the traveller solely due to the fault of a service provider.
  2. The tour operator is not liable for service disruptions in connection with services which are merely arranged as third-party services (e.g. sporting events, transport services, exhibitions, etc.) and which are expressly labelled as third-party services in the tour description.
  3. A claim for damages against the tour operator is limited or excluded insofar as a claim for damages against the service provider is only excluded under certain conditions due to statutory provisions applicable to the services to be provided by a service provider.

11. Warranties

  • a) Remedy If the service is not provided in accordance with the contract, the traveller must demand redress. The organiser may refuse to remedy the situation if it requires disproportionate effort. The organiser may also remedy the situation by providing an equivalent substitute service.
  • b) Reduction of the travel price The traveller may demand a corresponding reduction in the price (reduction) for the duration of a non-contractual provision of the trip. The travel price is to be reduced in the same proportion as the value of the service would have been at the time of sale in a defect-free condition to the actual value. The reduction shall not apply if the traveller culpably fails to report the defect.
  • c) Cancellation of the contract If a trip is significantly impaired as a result of a defect and the tour operator fails to remedy the situation within a reasonable period of time, the traveller may terminate the travel contract within the framework of the statutory provisions – in his own interest and for reasons of preserving evidence, it is advisable to do so in writing. The same applies if the traveller cannot reasonably be expected to continue the trip due to a defect for an important reason recognisable to the tour operator. It is only not necessary to set a deadline for remedial action if remedial action is impossible or is refused by the tour operator or if the immediate cancellation of the contract is justified by a particular interest of the traveller. The traveller owes the tour operator the portion of the tour price attributable to the services used, provided that these services were of interest to the traveller.

12. Duty to co-operate

The traveller is obliged to cooperate within the framework of the statutory provisions to avoid or minimise any damage in the event of service disruptions. In particular, the traveller is obliged to inform the local station management or the tour operator of any complaints without delay. The latter is instructed to take remedial action where possible. If the traveller culpably fails to report a defect, the right to a reduction shall not apply.

13. Exclusion of claims and contracts

If the customer wishes to make a claim against the tour operator for a reduction in price, compensation for damages due to contractual or tortious liability, reimbursement of expenses or repayment of the service price after cancellation of the service contract or after interruption of the trip for other reasons, he must notify the station management of these claims immediately on site.

16. Invalidity of individual provisions

  1. The invalidity of individual provisions of the service contract shall not result in the invalidity of the entire contract.
  2. Obvious printing and calculation errors entitle the traveller to contest the travel contract. Any loss of confidence that may have occurred shall be compensated, unless the contestability was known or should have been recognised.
  3. Promises made by the booking office/travel agency to the tour participants that go beyond the content of the catalogue are invalid. Promises made by the tour guide during the trip are also invalid.

17. Allowance for expenses

The traveller is liable for all additional costs incurred by the tour operator due to non-compliance with the valid terms of payment. In the event of unjustified complaints by the traveller, the tour operator is entitled to charge compensation for the expenses and costs incurred as a result.

18. Insurances

If sports liability insurance is taken out via the organiser, the insurance contract is concluded exclusively between the customer and the insurance company. It is the sole responsibility of the customer to fulfil the obligations arising from the insurance contract and to assert the rights arising from it against the insurance company.

20. Place of jurisdiction/choice of law

The traveller may only sue the organiser at its registered office. The place of residence of the traveller shall be decisive for actions brought by the organiser against the traveller, unless the action is directed against registered traders or persons who do not have a general place of jurisdiction in Germany, or against persons who have moved their place of residence or habitual abode abroad after conclusion of the contract, or whose place of residence or habitual abode is not known at the time the action is brought. In these cases, the organiser’s registered office shall be decisive. Egyptian law shall apply to all legal disputes.

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