Terms and Conditions
Terms and Conditions
The following disclaimer concerns all of WIND ROSE, obrt za usluge, vl. Goran Božić i Martina Blažević, Zagrebačka cesta 132, Zagreb Customers:
In consideration for the renting and/or purchasing of WINDSURF/SUP equipment and/or utilizing the facilities, ground, school, WINDSURF/SUP instructions, premises and equipment of WIND ROSE water sports center.
I hereby acknowledge and agree that:
- The participation of WINDSURF/SUP can result in mishap and even injury and I hereby RELEASE AND DISCHARGE WIND ROSE water sports center and their officers, directors, elected officials, agents, employees, instructors and owners of equipment and land used for WINDSURF/SUP activities (hereinafter collectively referred to as “Released Parties”), from any all liability, claims, demands or causes of action that I may hereafter have for injures, disability, death, or damages arising out my participation in WINDSURF/SUP activities, including, but not limited to, losses caused by the negligence of the released parties.
- I understand and acknowledge that WINDSURF/SUP activities have inherent dangers that no amount of care, caution, instruction or expertise can totally eliminate. I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF PERSONAL INJURY OR DEATH SUSTAINED WHILE PARTICIPATING IN WINDSURFING/SUPING ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES and I further agree that I will not sue or make a claim against the RELEASED PARTIES for damage or other losses sustained as a result of my participation in WINDSURF/SUP activities. I also agree to indemnify and hold the released parties from claims, judgements, and costs, including attorneys’ fees, incurred in connection with any action brought as a result of my participation in WINDSURF/SUP activities.
- I agree that I will operate the said windsurfing and SUP equipment in a reasonable and safe manner so as not to endanger the lives of persons or property, of any individual or any belongings/material (f.e.boat) of Released Parties.
- I’ve read and understand the above and acknowledge all risks arising out of my engaging in windsurf/SUP activities.
- I agree that I will be flexible if it comes to some switches/changes of teachers.
- I further represent that those terms and policy shall continue in full force and effect for so long as I engage in windsurfing/SUPing activities which are in any way connected to or with the Release Parties.
- I further represent that I’m at least 18 years of age or that as the parent or legal guardian I waive and release any and all legal rights that may accrue to me or to my minor child as the result of any injury that my son or daughter (minor) may suffer while engaging in windsurfing activities.
- Wind Rose has a mandatory accident insurance for our Customers that covers event of accidental death and event of permanent disability. Wind Rose has a contract with Allianz Zagreb d.d. Insurance code is 1510-174114726.
- All other accidents (f.e. bone fracture) are a subject to Voluntary Personal Insurance that the Customer has to assure for himself, if he/she wants it.
All about windsurf/SUP – Courses
The subject-matter of this contract is the provision of services, in particular giving windsurf lessons and guiding and accompanying during windsurf lessons and activities related thereto (hereinafter shortly referred to as: “Courses”). Regarding the Courses offered, Wind Rose does not assume any guarantee on the training success.
Course registrations received by Wind Rose water sports center, which can be done via telephone, e-mail or other means of distance communication, shall be considered as bindingly booked after written confirmation. Wind Rose is not obliged to communicate a rejection of course registrations to the Customer. If the registration is not confirmed by Wind Rose within a reasonable period of time, the offer of the Customer shall in any case not be deemed as accepted.
Rent and reservation of windsurf/SUP equipment
Every customer is legally responsible for equipment what he uses. Before entering the water, a staff member will examine the gear with the Customer to check for previous damages. After the Customer returns, the same staff member will examine the gear again with the Customer. In case of new damage, the Customer will pay the cost of repair. If it is not possible to repair the gear, the Customer has to buy it out at current value.
Wind Rose water sports center has right to take a guarantee in the form of a deposit of document (passport, identity card, driving licence) or to take money deposit. This money deposit is not covering all costs. (Further costs can be charged).
Prices, Payment Terms, Service
- Any and all information – in particular price lists of Wind Rose on the Internet, in brochures, advertisements or other information media – shall be non-binding for Wind Rose. Wind Rose reserves its right to make modifications at any time.
- Any and all price indications in price lists are gross prices including any legal VAT.
- Payments shall be in default without further notice sent by Wind Rose. In the event of the Customer being in default with a payment, Wind Rose is entitled to invoice to the Customer the legal default interests and all incremental costs and expenses, in particular collection expenses or attorney fees. In case of outstanding claims, Wind Rose may, irrespective of any dedication and at its discretion, set off payments made by the Customer against outstanding claims. In the event of non-payment of a claim, all other claims against the Customer shall also become immediately due.
- If Wind Rose declares its withdrawal from the contract, because of any reason (force majeure) the course shall be immediately cancelled or, respectively, called off, and customer will get a refund in the amount of unused hours. One hour equals 100 kn refund. A started hour is counted as a full one, and hour in Wind Rose water sports center last for 50 minutes.
- Wind Rose does not assume any liability of any kind whatsoever for complying with course dates. (Wind/Sea conditions, f.e. to much wind, to little wind)
- If the Customer does not participate in a course – except for as stipulated in clause 7. – and if he has not declared withdrawal pursuant to clause 3., he shall not be entitled to a reimbursement of the course fee.
- If the Customer is injured or falls ill before or during the course so that he cannot participate in the course, he shall submit to Wind Rose a medical certificate within 3 (three) days from sustaining the injury or from falling ill. If the Customer is injured during the Course, the certificate shall be issued by a physician practising at the holiday location or by the hospital where he is treated. If Wind Rose has already started with fulfilling the contract, it shall reimburse to the Customer a pro-rata amount upon submission of a medical certificate. Wind Rose shall use the same means of payment for the reimbursement as were used by the Customer for processing his payment. However, using other means of payment is admissible if this was expressly agreed on with the Customer and if no costs are incurred by the Customer thereby.
Conditions of Participation
Prior to the start of the lesson, the Customer shall truthfully and thoroughly inform Wind Rose on his abilities and experiences in windsurfing/SUPing as well as, on his own, take care of equipment which complies with the state of windsurfing technology and is appropriate for the external conditions.
Prior to the beginning of the lesson, the Customer shall inform Wind Rose on any medical conditions which could affect his physical performance.
The Customer shall obey instructions of Wind Rose. Disregarding instructions and warnings immediately entitle Wind Rose to dissolve the contract. This shall also apply if Customers display inappropriate behaviour, in particular towards other course participants.
Furthermore, Wind Rose has the right to withdraw from the contract if the Customer participates in the courses of Wind Rose under the influence of alcohol, drugs or medication.
Oral ancillary agreements regarding these T&C do not exist. Oral ancillary agreements of any kind whatsoever, amendments or supplements shall only be valid if they are made in writing. The same shall be applicable in case of derogation from the written form requirement.
Croatian substantial law shall apply for any and all disputes arising from transactions which are based on these T&C.
Without prejudice to mandatory legal provisions, the court competent for 10 000 Zagreb, shall be the exclusive place of jurisdiction for all legal disputes between Wind Rose and the Customer.
Any and all rights and obligations under these T&C shall be transferred onto any legal successors of Wind Rose.
For disputes are valid Croatian law and court in Zagreb. Official language is Croatian. Disputes just in the writing to the following address from head office: Wind Rose water sports center, Zagrebačka cesta 132, 10 000 Zagreb.
Place of fulfillment is on address Hoteli Solaris 86, 22 000 Šibenik.
Wind Rose water sports center is owner of the logo (which is on a homepage of www.windrose.surf), and any changes or corrections are allowed only by owners of Wind Rose water sports center. It is forbidden to use it without our permission.