1. Introduction / conclusion of contract
a) By registering for a course or by concluding a contract with "The Dude", the course participant declares his agreement to these terms and conditions and confirms that the contract is based on these.
b) If these terms and conditions refer to the "course participant", men and women are equally meant.
c) Registration for one or more courses can be made in person, by telephone, email or using the online registration form. In any case, the registration is binding. When registering, it must be announced whether it is a young person / minor. The participation of a minor requires the express consent of the legal guardian; An appropriately signed declaration of consent must be brought along on the first day of the course. After registration, the course participant receives a written confirmation, including the invoice, with which the contract is concluded, sent by email or handed over on site in paper form.
d) The course participant undertakes to transfer the course fee to the bank account provided by "The Dude" after the registration has been confirmed in writing. Bank charges are borne by the course participant. If the course participant is in possession of a voucher / voucher that he would like to validate for payment, he must provide the corresponding voucher number / identification when registering.
2. Booking / right of withdrawal / cancellation
a) A booking for a course with a specific date is only valid after payment of the full course price.
b) Cancellation of a selected course date by the customer is only possible in exceptional cases such as illness (medical certificate required), death or other serious reasons up to 48 hours before the start of the course in writing or by email. In this case, the course participant can either announce a replacement person for the booked course date in writing and in good time or receive a voucher to attend an alternative course date.
If the course participant does not make use of the mentioned cancellation option and either does not participate in the course (NO SHOW) or breaks it off prematurely, the course participant remains obliged to pay the course fee in full.
c) "The Dude" reserves the right to cancel or postpone courses, in particular if events occur that render the service technically unreasonable (force majeure such as flood situations, storms lasting several days) or economically (not reaching the minimum number of participants) make. The participants concerned will be informed immediately. In this case, the customer will be reimbursed the course amount already paid; Any further claims for compensation do not exist.
d) If the course is canceled due to the COVID-19 pandemic, the participant concerned will be issued a voucher for participation in an alternative date chosen by him in consultation with "The Dude".
e) The rental / booking / right of withdrawal / cancellation for the board rental is listed separately in the following point "Board rental"
3. Liability / Insurance
a) Participation in the course takes place as part of a sporting leisure activity and is therefore expressly at the participant's own risk. “The Dude” is therefore only liable to the course participant for any property damage that occurs during the course of the course if this is caused by gross negligence or intent on the part of the people employed by the organizer. In the event of personal injury, the organizer is liable in accordance with the statutory provisions. The customer is recommended to take out accident insurance independently.
b) The course participant is obliged to check the equipment conscientiously before setting out and to report any damage or loss immediately. All inventory made available by the organizer, the rooms, media, devices and other material are to be used and treated with care by the course participant. The course participant is liable to the sailing school in full for any damage caused by them.
4. Course regulations / prices
a) The currently valid prices according to the website "The Dude" apply. Unless otherwise stated, the prices are per participant. The stated prices include the following services:
Course implementation (theory and practice)
the use of the technical facilities for teaching purposes.
Temporary participation does not entitle you to a reduction in the price of the course. "The Dude" reserves the right to change the content of courses, course documents, the duration of courses and the venue.
b) The course times result from the respective course program; Seasonal and weather-related changes are reserved.
c) Each participant must be physically and mentally healthy and be able to swim in deep water for at least 15 minutes. The minimum age for individual students is 16 years (the completed form including the signature of the legal guardian required, see above). By registering, the course participant confirms the correctness of the data provided by him (especially with regard to age) and is liable to the organizer for any incorrect statements. In any case, no liability is assumed for the supervision of children.
d) The prices for theoretical and practical training set by "The Dude" do not include any examination fees, examination fees or teaching material costs, apart from the course materials provided.
5. Duty to cooperate
The course participant undertakes to follow the instructions of the staff employed by the organizer without restriction during the course. The course participant also acknowledges that bags, glasses, cell phones, money or other valuables must be safely stowed away by the course participant; The organizer assumes no liability for loss or various damage. Furthermore, no liability is assumed for items brought to the training location / classroom etc.
6. Data protection
a) By registering for the course, the course participant gives "The Dude" their consent that all (including personal) data disclosed in connection with the registration may be processed and stored by "The Dude" or persons attributable to it within the scope of the intended purpose of the existing contract .
b) The data relating to the course participants will not be passed on to third parties. Personal evaluations are not created.
c) Images and sound recordings. By registering and / or participating, all participants declare that they agree that pictures and sound recordings of them and their boats / material may be made and that these may be published for an unlimited period of time for reporting purposes - including future applications.
Board rental
1. Obligations of the landlord
a) The landlord provides the tenant with a roadworthy and technically perfect board including accessories for use.
b) The maintenance of the board is carried out by the lessor. In the event of excessive soiling after return, the landlord reserves the right to bill the tenant for the corresponding cleaning costs.
2. Prices / obligations of the tenant
a) The rental price is based on the current version of the lessor's price list made known to the tenant. The rental period, start of rental and return can also be found in this price list or verbal information. During the rental period, the tenant must provide a valid photo ID.
b) The board may only be used by the renter subject to the "dude certificate". Adults are strongly advised to carry suitable life-saving equipment if the wind and weather conditions require it. The landlord will provide these life jackets on request.
c) Obtaining the "Dude Certificate" and compliance with the legal regulations on shipping are basic requirements for moving the boards.
d) The lessee has to treat the board with care and to observe all relevant technical rules for its use as well as to properly secure the boat. Furthermore, the renter must check the board for damage before it is put into operation (expiry) and when it is returned, and immediately inform the landlord of any perceived damage.
e) In the event of an accident, the renter must inform the landlord of the details immediately, at the latest when the board is returned, in writing. The accident report should in particular contain the names and addresses of the people involved and any witnesses.
f) The tenant is obliged to return the board to the landlord punctually at the agreed location at the end of the rental period. Returns can only be made during business hours. If the return time is exceeded, the tenant - regardless of any further liability - is obliged to pay compensation in the amount of the rental price for the excess. If it becomes necessary to have the board picked up by "The Dude" or a third party, the renter is also liable for the costs incurred.
g) When renting by a minor, the express consent of the legal guardian is required; a corresponding signed letter must be submitted.
3. Right of withdrawal / cancellation
a) Cancellation of the contract is possible up to 7 days before the rental date in writing or by email. In this case, a cancellation fee of € 20.00 will be retained. If the tenant does not make use of the aforementioned cancellation option, he remains obliged to pay the rental amount in full. Instead of canceling the contract, the customer is given the right to provide a suitable replacement as the tenant at no additional cost. The obligations of the tenant remain unaffected.
b) The landlord reserves the right to cancel rentals, in particular if events occur that make the provision of the services technically or economically unreasonable. The tenants affected will be informed immediately.
c) If the tenant cannot start the rental due to bad weather, or if the landlord prohibits the rental for this reason, the tenant will receive a voucher for the amount of the payment already made.
4. Liability
a) The use of the boards and the accessories is at your own risk. The landlord (ie himself and his employees) is only liable for damage to property caused by gross negligence or willful intent. In the event of personal injury, the landlord is liable in accordance with the statutory provisions. The landlord assumes no liability for damage caused to third parties by the tenant or for damage caused by improper handling by the tenant; Furthermore, any liability on the part of the landlord is excluded for damage caused by the tenant himself.
b) The lessee is fully liable to the lessor for damage and loss of the board or equipment on loan due to improper use, transport or inadequate securing during the rental period. If damage is not reported, the renter can also be made liable for consequential damage (e.g. failure of the boards due to repairs). The lessor expressly advises the lessee that the lessee of the boards must be in possession of the "dude certificate" (that means participation in the practical and theoretical course offered) or can present an equivalent document of permission to operate the ship.
5. Final provisions
a) Should a provision of this contract be ineffective, this does not affect the effectiveness of the remaining provisions. Instead of the ineffective provisions, the effective provision that comes closest to the economic and legal will of the contracting parties shall be deemed to have been agreed.
b) Substantive Austrian law is applicable to this contract. The competent court at the landlord's registered office is responsible for disputes.
"The Dude" 4810 Gmunden