2.1.

BeachNow GmbH offers its users an online platform for renting beach chairs. Beach chair rental companies can offer their beach chairs and other services, and interested parties can rent and/or buy them.

2.2.

If a beach chair rental company uses digital locks, they can be opened with the free BeachNow app and an existing booking.

2.3.

If the user is not using a smartphone, the digital locks used can be opened with an RFID chip. The RFID chips created accordingly for a booking are issued by the landlord and are valid for the booking period.

2.4.

There is no employment relationship between beach chair rental companies and BeachNow GmbH and therefore no authority to issue instructions.

3.1.

Users can register on the platform in various ways to take advantage of the BeachNow GmbH offer. A user contract is concluded, provided that BeachNow GmbH has confirmed the successful registration.

3.2.

When booking a service via the BeachNow platform, a contract is regularly concluded with the service provider. If there is a sublease agreement between BeachNow GmbH and any provider, BeachNow GmbH acts as a service provider. In all other cases, the provider is considered a service provider.

3.3.

For each booking, the service provider is shown on the customer receipt or invoice.

3.4.

When a contract is concluded between a service provider and a user, the agreed service is based on the invoice document.

3.5.

A claim for benefits only exists upon confirmation of the booking made.

3.6.

BeachNow GmbH is entitled to reject booking requests from a user at any time without giving reasons.

3.7.

In the course of a confirmed booking, a user only acquires the right to use the booked service.

3.8.

There is no claim to a specific basket number or basket position within a selected beach section.

3.9.

BeachNow GmbH and the respective beach chair rental companies are required to consider the wishes of users as far as possible.

4.1.

The BeachNow platform and the online offering of BeachNow GmbH are available to users free of charge.

4.2.

To use additional services (e.g. basket booking, reservations, orders, articles), the prices, fees and cancellation conditions set by the service provider apply.

4.3.

The prices and other conditions can be viewed on the platform at any time. Costs arising are always displayed or notified immediately before the final payment obligation, so that users can view the required information immediately before payment is made.

4.4.

A note on the price list and cancellation conditions are also displayed immediately before the purchase decision is made.

5.1.

The BeachNow platform creates an invoice immediately after receipt of the order and sends the receipt as part of a possible booking confirmation.

5.2.

Invoices are due for payment immediately after invoicing, without deductions.

5.3.

As a payment option, the customer has various payment methods available, which can be viewed during the ordering process.

5.4.

BeachNow GmbH is entitled to extend or restrict the selection of payment methods at its own discretion.

5.5.

If a user opts to purchase on account, only bookings with a lead time of at least 7 days can be considered.

5.6.

For purchase on account, BeachNow GmbH is entitled to cancel the booking without further warning if no payment has been received within the period stated on the invoice.

5.7.

If cancellations are offered, BeachNow GmbH is entitled to charge a cancellation fee. The cancellation fee must be made visible when ordering and a cancellation must be confirmed by sending a receipt to the user.

6.1.

The goods and services booked via the BeachNow platform may only be used during the periods approved by the respective service provider.

6.2.

If the booked goods and services are provided as part of a rental, they must be handled gently and with care.

6.3.

Damages resulting from improper use must be paid by the user.

6.4.

If a booked service is assigned to a specific position, the user undertakes not to change it and to leave it behind to the best of his knowledge and belief.

6.5.

In particular, beach chairs must not be moved, moved or anchored. Beach chairs must also not be placed in sand castles or sand pits, as this would make recovery during floods much more difficult.

6.6.

Users of the services are required to comply with local regulations regarding animals, cycling, fireplaces, etc.

6.7.

In the event of violations of local requirements, the service provider is entitled to collect the booked service without replacement.

6.8.

It is not recommended to lock personal items and valuables in a beach chair. Liability for theft or loss by BeachNow GmbH or other service providers is excluded.

6.9.

Booked beach chairs must be left as you found them after each use. In particular, the beach chair gate must be closed with the appropriate lock.

6.10.

An issued RFID chip must be returned to the corresponding issue after the end of a rental period. By returning the RFID chip, the user submits his unilateral declaration to end the rental period. This also applies if the user uses the RFID chip in addition to the smartphone. After the RFID chip has been returned, further use via the smartphone is no longer possible due to the end of the contract.

6.11.

If a digital lock is damaged, stolen or otherwise lost due to the user's fault during the booking period, BeachNow GmbH is entitled to charge the user a recovery fee of 120.00€ including statutory VAT. The user is also at fault if another lock was used during the rental period and damage or theft was therefore negligently made possible.

6.12.

The user is obliged to stop using the offer after the booking period has expired. If use continues, this constitutes misuse, which entitles the service provider to bill for use in accordance with its existing price list plus any fee or to commission BeachNow GmbH to do the billing.

6.13.

BeachNow GmbH is entitled to settle claims against users by charging the means of payment known and previously used by it. This applies in particular to the settlement of damages incurred, fees for overdrafts and extensions of the services used.

7.1

The use of the services offered via the BeachNow platform requires the opening of a customer account by completing the registration process.

7.2.

When creating a customer account, the user is obliged to provide all mandatory information completely and truthfully. The use of data from a third party is only permitted with the person's consent.

7.3.

The user of a customer account is obliged to keep his login details confidential and to immediately notify BeachNow GmbH to block it if there is a fear of unlawful use of the account.

7.4.

Every user of the BeachNow platform is required to update their registration data as required.

7.5.

The use of the customer account by various persons is prohibited.

7.6.

BeachNow GmbH can reject a user's request for registration at any time without giving reasons.

7.7.

An existing customer account can be deleted by both parties at any time without giving reasons. Should the user delete their account request, BeachNow GmbH will comply with this request immediately.

8.1.

Vouchers, visitor cards and discounts offered by any service provider and purchased by a user can only be redeemed with this service provider. Redemption via the BeachNow platform is generally not possible.

8.2.

Offers on the BeachNow platform are generally not discounted based on visitor cards. Should a service provider offer a discount based on a visitor card, the service provider must be contacted directly (via email or telephone) to take account of the discount. The service provider's current contact details can be found on the BeachNow platform. Once a booking has been made, it is not possible to apply any discounts retroactively.

9.1.

All users are required to provide their contributions, messages and reviews truthfully and factually.

9.2.

In particular, insults and other illegal forms of treatment must be avoided.

9.3.

In order to create their own contributions, every user is obliged to respect the rights of third parties and not to use any content without permission.

9.4.

When creating their own content and/or contributions, the user assures that he has the necessary rights and that no rights of third parties are affected.

9.5.

By uploading content to the BeachNow platform, the user declares that he is the rights holder of this content and gives his consent that BeachNow GmbH may use and publish this content for its own use in the future.

9.6.

The user indemnifies BeachNow GmbH against all claims arising from his contributions. This applies in particular to attorney and court costs that are necessary to defend BeachNow GmbH against any claims, insofar as these disputes have arisen as a result of misconduct on the part of the user.

10.1.

BeachNow GmbH is entitled to block user contributions in the event of an unclear legal situation.

10.2.

For important reasons, BeachNow GmbH can exclude users from using its platform with immediate effect.

11.1.

BeachNow GmbH is liable in the event of defects in the contractual services in accordance with the statutory provisions.

11.2.

If the booked service does not comply with the agreement or cannot be used for other reasons, the user shall report the defect to the local service provider immediately after discovery.

11.3.

If a defect is reported to the service provider only after the rental period has expired, a refund based on the reported defect is excluded.

11.4.

Cash reimbursement on site by the service provider is excluded if the service identified as defective was booked via the online platform.

12.1.

All content and structures of the online platform are protected by copyright. Information and data (images, videos, texts, graphics, sounds, animations) of the content available online may not be used — even in part — without prior written permission from BeachNow GmbH.

13.1.

BeachNow GmbH is liable for damage to life, body and health resulting from a negligent or intentional breach of duty by BeachNow GmbH, its legal representatives, its employees or their vicarious agents.

13.2.

BeachNow GmbH is liable for damage caused intentionally or through gross negligence or the lack of guaranteed services, but — if permitted — up to the amount of the agreed or paid remuneration.

13.3.

If BeachNow GmbH is in default or if the agreed contractual performance has become impossible or impossible as a result of slight negligence, the liability arising therefrom is limited to the damage typical of the contract up to the amount of the agreed or paid fee.

13.4.

Any further liability, for whatever reason, is excluded.

13.5.

Insofar as compensation claims are excluded or limited, the limitation also applies to the personal liability of all employees and vicarious agents of BeachNow GmbH.

14.1.

Data collection, processing and use of personal data by BeachNow GmbH is carried out exclusively within the framework of legal regulations. Details on how to handle collected data are set out in the privacy policy at https://www.beachnow.de/datenschutzerklarung remove.

15.1.

BeachNow GmbH tries to ensure that availability is as permanent as possible. However, minor platform updates are required on a regular basis to improve the offering.

15.2.

Updates to the platform can restrict the accessibility of the platform and thus cause a disruption to the user experience.

15.3.

BeachNow GmbH will always try to schedule interruptions during the evening/night hours in order to ensure that use is as uninterrupted as possible.

15.4.

There is no claim to availability of the platform and is generally excluded.

15.5.

A claim for compensation due to lack of availability of the platform within a time window of less than 24 hours and cases of force majeure are excluded.

16.1.

The legal provisions oblige BeachNow GmbH to inform its users of the existence of the European Online Dispute Resolution Platform. This can be used to resolve disputes without involving a court. The European Commission is responsible for setting up that platform. The platform can be found at https://ec.europa.eu/odr.

16.2.

BeachNow GmbH can be reached by email at: kontakt@beachnow.de.

16.3.

Since the consumer arbitration board is not a court, BeachNow GmbH is generally not obliged and is not interested in participating in dispute resolution proceedings before this body.

17.1.

To determine the applicable legal provisions, the law of the Federal Republic of Germany applies exclusively, to the exclusion of the UN Sales Convention. Statutory restrictions on the choice of law and applicability of mandatory provisions of the state in which the user is habitually resident as a consumer remain unaffected.

17.2.

If the user is a merchant, a legal entity, a person under public law or a special fund under public law, Kiel in Schleswig-Holstein is determined as the place of jurisdiction for all disputes.

17.3.

In all other cases, Kiel is determined as a reasonable place of jurisdiction, unless jurisdiction is excluded or other legal provisions contradict this provision.

17.4.

If individual provisions of this agreement are or become invalid, this shall not affect the effectiveness of the remaining components. They are replaced by regulations which, as far as possible by law, come as close as possible to the parties' contractual intent.