General Terms and Conditions for Renting of Water Sports Equipment E-NIC Ltd.
1. Scope of Services
E-NIC Ltd. rents Water Sports Equipment to Customer in accordance with the Contractual Agreement. The respectively valid General Terms and Conditions of Use are part of the Contractual Agreement and can be viewed on the E-NIC Ltd homepage as well as on the premises of E-NIC Ltd.
For renting, the following conditions must be met:
• The Customer must be at least 18 years old.
• Rental is only made against the indication of the personal details (name, address, e-mail, telephone number) and on presentation of the identity card or other valid document
• The Customer declares in his own name and / or on behalf of the user of the Water Sports Equipment that from a medical point of view there are no concerns about the use of Water Sports Equipment (including e.B. diabetes, epilepsy, etc.)
• The User of the Water Sports Equipment can swim well and knows the risks of swimming in the open sea and can keep himself floating afloat for at least 30 minutes.
• The use of Water Sports Equipment is permitted from 14 years of age. In the case of minors, the rental services take place via the legal guardian who vis-à-vis E-NIC Ltd. is the Customer.
It is not possible to rent Water Sports Equipment under the influence of alcohol, drugs or narcotic substances.If E-NIC Ltd. finds that Customer and/or user of their Water Sports Equipment are alcoholic, they may be excluded from the rental. A refund of the rental contributions paid is not possible. Possible claims for recourse by the customer shall be borne by the customer.
Registrations/bookings must be made via the booking system on E-NICs Ltd. www.e-surf.guru or directly at our location in Ta` Xbiex.
By registering/booking, this General Terms and Conditions of Use are accepted. With the online booking, the desired Contract becomes binding.
3. Period of Contract
The duration of the rental of Water Sports Equipment is determined by the period of use specified in the contract.
The agreed amount for renting the Water Sports Equipment has to be paid is in any case before the start of the renting period!
E-NIC Ltd. will issue invoicing in electronic form. Upon conclusion of the contract, the Customer agrees to accept invoices in electronic form.
If the contract is terminated prematurely for reasons for which the Customer is responsible, he has to pay damages to E-NIC Ltd. The amount of the damages is calculated from the sales that have escaped until the regular end of the contract.
All prices are additionally applicable to VAT.
The Customer has the option of paying for the renting by PayPal, by instant bank transfer or by credit card / giro card. In store, E-NIC Ltd accepts cash payment.
For a payment via PayPal the Customer needs a corresponding PayPal account. You can obtain this from PayPal (Europe) S.à.r.l. & Cie, S.C.A. set up and store your bank or credit card details there. When paying by PayPal, you must provide your PayPal details. Your PayPal account and ultimately your bank or credit card account will then be debited with the purchase price.
When paying by debit card or credit card, please enter the data requested during the payment process.
To secure claims from E-NIC Ltd. a deposit is provided by Credit Card. The deposit will be repaid after the end of the contract, provided that E NIC-Ltd. has no further claims against the Customer.
6. Order process and Conclusion of Contract
The E-NIC Ltd. Water Sports Eqipments offered in the onlineshop for renting do not constitute a binding offer by E-NIC Ltd. With the order, you as the customer make a binding offer to E-NIC Ltd. from entering into a contract with E-NIC Ltd. close. The order is placed by E-NIC Ltd. confirmed by email (order confirmation). This is not yet the acceptance of the contract by E-NIC Ltd., but merely information that the order has been received. A renting contract is only concluded when the order is confirmed by E-NIC Ltd..
The ordering process comprises a total of 5 steps. In the first step, as a customer, you select the desired articles from the overview and place them in the shopping cart. In the second step you go to the checkout. Here you can register or continue shopping as a guest. In the next step, enter your billing address. In the fourth step, you choose how you want to pay. In the fifth and last step you will receive an order overview. Here you have the option of going back to the shopping cart and making corrections. After confirming the terms and conditions and the cancellation policy, you can place your order by clicking on “Order”.
7. Withdrawal and Failure
• Withdrawals are possible free of charge if an equivalent replacement Customer can be presented.
• Cancellations from the registration date up to 14 days before the renting require a handling fee of 20% of the price.
• Cancellations of less than 10 to 2 days (48H) a fee of 50%.
• In case of withdrawal two days (48H) before renting, no refund can be made.
In cases of force majeure, strong winds from 6 Beaufort, hail showers, cold snaps or thunderstorms, the scheduled renting can prevent the safe performance, as a result the renting must be cancelled or postponed at short notice for safety reasons. Each Customer will receive a voucher for the booked service.
8. Liability of E-NIC Ltd.
E-NIC Ltd. is liable for the conscientious care and use of the Water Sports Equipment as well as the service description. Renting and use of the Water Sports Equipment is at the risk of the Customer. A residual risk cannot be completely excluded, as this is a natural sport.
E-NIC Ltd. shall not be liable for death, or any personal injury, or any other loss of any nature what so ever (including consequential loss) suffered by any Customer during the period of the renting. E-NIC-Ltd. also demands to be informed of any health issues that may affect the Customer`s suitability for attending the use of the Water Sports Equipment. E-NIC Ltd. accepts no responsibilities for the decision of the physical fitness of the Customer to use the rented Water Sports Equipment.
From the moment the Water Sports Equipment are booked, E-NIC Ltd. is not accepting claims and shall not be liable at any time for claims or expenses caused by circumstances beyond its control including sickness, accident, travel delays, weather, strikes, war or civil unrest.
9. Force Majeure
E-NIC Ltd. shall not be liable for any expenses incurred due to Force Majeure, including weather conditions, strikes, act of Government or any other occurrence beyond control. E-NIC Ltd. ’s decisions regarding heavy weather with the safety of the Customer and the water sports equipment is final.
10. Liability of the Customer
The Customer is not entitled to pass on or rent the Water Sports Equipment to third parties without the consent of E-NIC Ltd..
Each customer is obliged to take appropriate precautions (swimming protection, accident and liability insurance, etc.) to avert risks and dangers.
Customers are liable for theft or damage to the rental equipment in the amount of the current new value, which is caused by them intentionally or negligently. E-NIC Ltd. is only liable for damages caused by errors in the Water Sports Equipment, which made the use of the Water Sports Equipment impossible.
11. Risks of using the Water Sports Equipment
E-NIC Ltd. tries to advise and support the Customers and user of the Watercraft according their skills and their prerequisites, which the Customer told E-NIC Ltd., so that the Customer can use the Water Sports Equipment much as possible without stress. However, boarding and use of Water Sports Equipment is a water sport and so it can happen to all Customers that they fall off the Water Sports Equipment. E-NIC. Ltd. accepts no liability for damage to persons or clothing caused by falls from the Water Sports Eqipment. In any case, E-NIC Ltd. recommend keeping dry clothes ready on the shore or riding in a wetprene/dry suit.
12. Damage and Defects
In the event of an accident or accident, E-NIC Ltd. must be notified immediately and instructions for further conduct must be awaited.
Undeclared damages will be considered intentional and will be charged (even retrospectively). If damage is not reported, the Customer can also be held liable for consequential damages (e.B. failure of the boards due to repair). Normal signs of wear and tear are exempt from the obligation to pay damages. The Customer undertakes to return the Water Sports Equipment cleanly, otherwise a cleaning fee of 20.00 € will be charged.
13. Instructions of E-NIC Ltd.
Instructions from E-NIC Ltd. management must be followed in any case. Nature is expected to be handled with care. In the event of grossly irregular behaviour that endangers the reputation or integrity of E-NIC Ltd., a Customer may be excluded from the further renting after being warned by the responsible E-NIC Ltd. Management.
The aim of E-NIC Ltd. is to surpass the services offered. If the Customer is not satisfied with any service or product E-NIC Ltd. provides, E-NIC Ltd. ask to approach them first hand and E-NIC-Ltd. will do the utmost to resolve directly. In the event a dispute is not settled by mutual agreement it is agreed that The Chamber of Advocates of Malta shall appoint an Arbiter whose decision shall be final and that wherever the dispute occurred both the Customer and E-NIC Ltd. shall be governed by Maltese Law.
15. Final provisions
Maltese law applies.
Place of performance and place of jurisdiction is Valetta, Malta.
The ineffectiveness of individual provisions does not affect the remaining validity of the contract and these General Terms and Conditions.