Scope of application

These Terms and Conditions apply between Joshua Steiner, Neugasse 63, 8005 Zurich, and Justin Steiner, Feldstrasse 40, 8004 Zurich (hereinafter "Superience" or "Lessor") and the person renting the the Rental object (see art. 5) (hereinafter "Lessee"; collectively the "Parties" or individually the "Party").

Conclusion of the contract / Booking

The rental agreement becomes valid upon online payment and receipt of the booking confirmation. By completing the booking, the Lessee confirms the accuracy of his/her personal data, acknowledges the Safety Guidelines and accepts these Terms and Conditions.

The Lessor reserves the right to deny or restrict access to its services if users violate the Safety Guidelines or these Terms and Conditions, or behave in any other harmful, disruptive or unlawful manner.

Rental price

The rental price must be paid in full online using the available payment methods. The rental price is determined according to the Superience website at the time of the booking and depends on the rental period (see art. 4) and the Rental object (see art. 5). The Lessee may incur additional fees (see art. 4, 7 and 8).

Rental period

The rental period is based on the agreed time. The usual rental period is one day. A subsequent extension of the agreed rental period may be arranged for an additional fee, subject to availability.

Rental object

The Rental object, i.e. the type of stand up paddleboard (hereinafter "SUP") selected, the number of SUPs rented, and the selected components, is determined by the booking confirmation and the collection confirmation (see art. 7 para. 3) and in accordance with the Superience website at the time of the booking.

Cancellation policy

Bookings can be cancelled free of charge by either Party up to 24 hours before the agreed pick-up or delivery time (see art. 7). If the Lessee cancels within the permitted period, he/she shall receive a refund in the form of a credit, which must be used within two weeks of issuance. A free cancellation requires written notification and shall be confirmed by the Lessor.

Cancellations made by the Lessee later than 24 hours before the agreed pick-up or delivery time are only eligible for a refund in cases of illness, accident, or other serious reasons. In such cases, the Lessee is required to provide written notification to the Lessor through a medical certificate. In all other cases of late cancellation, the Lessee is not entitled to a refund.

If the Rental object is returned early due to illness, accident, or other serious reasons, only the unused days of the agreed rental period shall be refunded.

No refund shall be granted in the event of, but not limited to, the following circumstances:

• Early return (except as per art. 6 para. 3);

• Bad weather conditions;

• Loss of the Rental object;

• Damage to the Rental object (except as per art. 10 para. 1).

If unforeseen circumstances arise, the Lessor may cancel bookings free of charge later than 24 hours before the agreed pick-up or delivery time. In such cases, the Lessor shall inform the Lessee immediately and grant him/her a refund in the form of a credit.

Pick-up or delivery of the Rental object

The Lessee must collect the Rental object in person at the time and the location specified in the booking confirmation. The Lessee must present a valid identity card or driver’s licence and the booking confirmation upon pick-up and agrees to allow a copy or photo of the document presented to be taken. Delivery of the Rental object by the Lessor may be agreed upon for an additional fee.

If the Lessee fails to collect the Rental object at the agreed time and location, or if the Lessee does not accept delivery at the agreed time and location, the Lessee shall not be entitled to a refund of the rental price. Any additional costs for a replacement pick-up or delivery appointment shall be borne by the Lessee.

The Lessee confirms the receipt of the Rental object upon pick-up or delivery. The Parties agree on the time and location of the return of the Rental object. The pick-up or delivery of the Rental object and the agreement on the return are documented in the collection confirmation.

Return of the Rental object

The Lessee must return the Rental object to the Lessor completely in the condition in which it was handed over, at the agreed time and location. If the Rental object is not returned in the same condition, the Lessee shall be liable for the resulting costs of restoring it to proper condition. Unless otherwise agreed, the pick-up and return locations are the same. Collection of the Rental object by the Lessor may be agreed upon for an additional fee.

If the Lessee does not return the Rental object at the agreed time and location, or if the Lessee significantly impedes or renders impossible an agreed collection by the Lessor, the Lessee shall be liable for the resulting additional costs. In particular, the Lessor may charge an additional daily rental price for the Rental object. In case of delay exceeding 24 hours or continued obstruction, the Lessor may charge an additional daily rental price plus a 50% surcharge. If the delay or obstruction persists, the Lessor may declare the Rental object lost and proceed as per art. 11 para. 6.

Personal requirements

By entering into the rental agreement, the Lessee confirms that he/she and all users of the Rental object are at least 16 years old, are swimmers without exception, and are capable of participating in physical activity with no known health issues, physical limitations, or acute injuries. Any exceptions to the age requirement for users (excluding the Lessee) require prior written consent from the Lessor. If these conditions are not fulfilled, use of the Rental object is prohibited. The Lessor shall not be liable for any resulting personal injury or damage to property during the entire rental period. The Lessor reserves the right to deny or restrict access to its services for further medical reasons or other serious reasons.

Use

The Lessee must carefully check the Rental object for its proper condition, functionality and seaworthiness before use. Defects or damage of any kind must be reported to the Lessor immediately. In this case, the Rental object must not be used until a suitable solution is found or the Lessor has given his consent to its use. The Lessor is not liable for any resulting personal injury or damage to property during the entire rental period.

The Lessee must use the Rental object exclusively in accordance with its intended function and conditions of use, with due care and solely on Swiss waters. The Safety Guidelines must be followed at all times. Any accidents or damage must be immediately reported to the Lessor. The Lessor shall not be liable for personal injury or damage to property resulting from improper use, violation of the conditions of use or disregard of the Safety Guidelines.

The Lessee is responsible for ensuring that the Rental object is used by all users in accordance with the Safety Guidelines, these Terms and Conditions and any other instructions of the Lessor during the entire rental period. Violations may result in the Lessee being held liable (see art. 11 para. 4). The Lessor reserves the right to take action against third parties.

The Lessee must secure the Rental object against loss, damage or theft during the entire rental period. Any loss, damage or theft must be immediately reported to the Lessor. In case of theft, the Lessee must file a police report within 24 hours and report the theft to the Lessor with such proof.

Liability

By accepting these Terms and Conditions, the Lessee confirms that he/she and all other users of the Rental object are aware of the risks associated with the use of the Rental object. The Lessee further confirms that he/she and all other users of the Rental object have sufficient insurance coverage (in particular liability and accident insurance) against all risks associated with the use of the Rental object for the entire rental period.

The use of the Rental object is at the own risk of the Lessee and all other users. The Lessor and all auxiliary persons shall not be liable for damage of any kind in connection with the use of the Rental object during the entire rental period, to the extent permitted by law.

The Lessor shall not be liable for any valuables of the Lessee that are lost, damaged, or otherwise missing during the entire rental period.

The Lessee is personally liable for all damage to the Rental object caused by slight negligence, wilful damage or improper use. This applies in particular to violations of the intended conditions of use, the Safety Guidelines and these Terms and Conditions. The Lessee may also be liable for consequential damage, including loss of use (e.g. due to necessary repairs).

Unreported damage is considered wilful and may be invoiced retrospectively, including potential consequential damage.

In case of loss or other misplacement of the Rental object, the Lessee must reimburse the Lessor for the replacement value of the relevant object.

Miscellaneous

The contract language is English. The rental agreement between the Parties, including these Terms and Conditions, is governed by Swiss law. The courts of Zurich, Canton of Zurich, shall have exclusive jurisdiction over any dispute arising from or related to this rental agreement.

Severability clause

Should one or more provisions of the rental agreement between the Parties, including these Terms and Conditions, be or become invalid, the remaining provisions shall remain unaffected. Amendments or additions to these Terms and Conditions must be made in writing.

Contact information

Superience (Joshua Steiner)
Neugasse 63
8005 Zurich
Switzerland
+41 79 600 83 30

Superience (Justin Steiner)
Feldstrasse 40
8004 Zurich
Switzerland
+41 79 964 29 68

info@superience.ch