Terms of Service

This document outlines the Terms of Service (the “Terms”) which form a legally binding agreement between you (the “User”, “Your” or “You”) and Aldonera OÜ (the “Company”, “Surf Station”, “Us” or “Our”). These Terms govern your interaction with our website: surfstation.ee, (the “Site”) App (the “App”) and any related subdomains owned by the Company that are associated with our Services and/or Goods.

By engaging with or acquiring our Goods or Services (the “Services” “Goods”, “Courses” and/or “Order”), you acknowledge and accept these Terms. If you’re unwilling to be legally bound by this agreement, we request that you refrain from accessing or utilizing our Site and/or App.

These Terms have been established to oversee the delivery of services related to Stand-up paddling (the “SUP”) equipment usage, the provision of such equipment, and the Company’s product sales.

Surf Station supplies Users with SUP-boards and accompanying accessories, specifically a vest and a paddle (collectively termed the “Equipment”). In return, Users commit to paying Surf Station a fee for the use of this Equipment (the “Fee”).

The SUP Equipment is accessible for various Company-organized activities, including but not limited to excursions, tours, team-building exercises, and SUP yoga classes. Users may obtain the Equipment from Surf Station staff, designated SUP-Stations (the “SUP-Station”), or through alternative arrangements made by the Company.

The Company offers equipment exclusively for personal use (unless otherwise specified by the contracting parties) and only at locations designated on the map (the “Map”). These locations are accessible via the Company’s Site and/or App.

Users agree to compensate for the Equipment based on the fee structure detailed in the price list, available on the Site and/or App. This payment obligation is applicable for a specified duration, after which Users are required to return the Equipment in its original, undamaged condition.

ACCESSING OUR SITE AND/OR APP IMPLIES YOUR ACCEPTANCE OF THESE TERMS:

Section 1. Access and Registration

  1. Accessing our Site and/or App and its resources may require you to provide specific registration information. You are obligated to ensure all information provided is accurate, up-to-date, and complete.
  2. Any login credentials, including usernames and passwords, provided as part of our security measures must be kept confidential. You agree that your account is for your personal use only and commit not to share access to the Site and/or App with others using your security information.
  3. You commit to promptly inform us of any unauthorized use of your login credentials or other security breaches. After each session, you should log out of your account, especially when using a public or shared device, to protect your personal information.
  4. It is your responsibility to ensure you have the necessary means to access the Site and/or App.
  5. We reserve the right to deactivate any user account, login credentials, or other identifiers at our discretion, without prior notice or explanation. This includes instances where we believe you have violated these Terms or other Policies.
  6. Users must confirm they have reached the age of majority or are at least “15 years old” and possess the legal capacity to engage in financial transactions, either independently or through a legal guardian.

Section 2. Acceptable Usage Guidelines

  1. Our Company has established this Site and/or App to ensure Users receive high-quality Services and/or Goods.
  2. By adhering to these Terms, you are granted a limited, personal, global, non-transferable, non-exclusive, revocable, and non-sublicensable license to access our Site and/or App, its content, and to utilize our Services and/or Goods as permitted by these Terms and applicable laws.
  3. Guidelines for acceptable use:
    1. Equipment can be acquired from Surf Station staff or SUP-Station.
    2. Users with specific medical conditions should refrain from using our Goods and/or Services. If uncertain about your ability to use our offerings, consult a medical professional.
    3. Handle all Equipment with care to maintain its original condition.
    4. Equipment usage is restricted to designated areas as outlined in the guidelines.
    5. Users must review and follow Surf Station’s guidelines and safety protocols.
    6. Surf Station reserves the right to reclaim Equipment without refund if a User violates these Terms or poses a risk to themselves, others, or the Equipment, regardless of prior warnings.
    7. Users are responsible for keeping the Equipment under constant supervision.
    8. Users should verify proper Equipment storage and accurate detection by SUP-Station.
    9. If Equipment usage exceeds the allotted time, Users must pay for the additional time as per the price list on the Site and/or App. Insufficient account funds require payment within 5 calendar days to the Company’s bank account. Failure to pay may result in account suspension until payment is received. Repeated violations may lead to account termination after a warning.
    10. Users are liable for improper Equipment placement in SUP-Station, or if Equipment is damaged, lost, or stolen due to their actions. Users must immediately inform Surf Station of such incidents and cooperate with relevant authorities and/or Surf Station team, including filing a police report if necessary.
  4. Users are required to inspect the Equipment before use and promptly report any defects to Surf Station.

Section 3. Prohibited Uses

The use of our “Site” and/or “App” for any purpose that contravenes laws, regulations, statutes, ordinances, decrees, or guidelines established by relevant authorities is strictly forbidden.

The following activities are expressly prohibited, though this list is not exhaustive:

  1. Engaging in violent, unlawful, libelous, menacing, or prejudiced behavior.
  2. Infringing upon the intellectual property rights of individuals or entities.
  3. Assuming the identity of any person, organization, or their representatives.
  4. Presenting false or misleading information about oneself.

Users are strictly forbidden from:

  1. Attempting to tamper with the “Site” and/or “App”.
  2. Employing bots, automated systems, or any unlawful means to access the “Site”, or introducing harmful software such as viruses, trojans, worms, logic bombs, or other malicious code.
  3. Gathering personal data for direct marketing objectives.
  4. Utilizing the “Site” and/or “App” to create a comparable platform or to solicit its users.
  5. Reproducing, disseminating, publishing, reverse engineering, decompiling, disassembling, altering, or otherwise modifying the “Site” and/or “App”, or producing derivative works or source code.
  6. Acting in bad faith or causing harm to the Company’s “Intellectual Property Rights”.

Users must respect the allocated time limits for “Equipment” usage. Any breach of this provision will incur penalties, as determined by the Company.

Section 4. Protection of Our Intellectual Assets

Our “Site” and/or “App” constitute our exclusive property. This encompasses all databases, software, source code, website design, audio, video, textual content, and graphical elements (collectively referred to as the “Content”), as well as any trademarks, service marks, logos, or other identifying symbols (collectively referred to as the “Marks”). These assets are either owned or controlled by us, or licensed for our use. They are safeguarded by applicable intellectual property laws, regulations against unfair competition, international agreements, and related implementing legislation.

It is strictly prohibited to duplicate, reproduce, republish, upload, publicly exhibit, translate, transmit, distribute, sell, license, or exploit any aspect of our Intellectual Property, Content, or Marks for any commercial purposes without our explicit written authorization.

Users are forbidden from altering any materials obtained from the “Site” and/or “App”, utilizing any visual or audio elements separately from their accompanying text, or removing or modifying any copyright, trademark, or other proprietary rights notices from any materials sourced from the “Site” and/or “App”.

Should you engage in printing, copying, modifying, downloading, or otherwise utilizing or granting others access to any portion of the “Site” and/or “App” in violation of these Terms, your usage rights will be immediately terminated. You will then be required, at our discretion, to either return or destroy any copies of the materials you have created. It is important to note that no rights, title, or interest in the “Site” or its content are transferred to you, and we retain all rights not explicitly granted.

Your use of our “Site” and/or “App” grants you a restricted license to access and utilize our Services solely for personal, non-commercial purposes.

For any desired use of material from the “Site” and/or “App” beyond what is outlined in this section, please submit a request to [email protected].

Section 5. Notifying Us of Infractions

If you notice any breach of our Terms, we urge you to contact our support team immediately.

We maintain the authority to examine any reported violations or complaints regarding our Terms. We may take actions we deem necessary, which could include, but are not limited to, suspending or ending user access, notifying law enforcement, regulators, or other relevant parties about suspected illegal activities, and sharing pertinent information with these entities about user data, email addresses, usage patterns, IP addresses, and traffic details, as outlined in our Privacy Policy.

Section 6. Data Protection

To use our Services, you must provide specific personal information. It’s crucial that all data you submit is genuine, precise, and comprehensive. You are responsible for notifying us of any changes to your personal information.

The handling of your personal data is subject to the guidelines set forth in our Privacy Policy.

Section 7. Account Termination

Should you fail to comply with the Terms, we will evaluate the extent of your misconduct and may opt to alter, cease, terminate, or suspend your access to our Services. We retain the right to pursue appropriate legal measures.

To the best of our ability, we may discontinue your access to our Services without prior notice if you violate any of the terms. We reserve the right to employ any technological, legal, or alternative methods to uphold the Terms and block your access to our Services.

Any clauses in this Agreement that, by their nature, impose ongoing obligations on the parties will remain in effect even after the Agreement’s expiration or termination. The management and deletion of your information will be carried out in line with our Privacy Policy.

Section 8. Charges, Transactions, and Refund Policy

Service Charges and Remuneration

We collect fees/service charges for delivering our Services and/or Goods, as detailed in these Terms or in direct agreements between the contracting parties. We may modify fees as required for our operational needs or to adhere to applicable regulations. Users will be informed of any alterations to the charges.

Equipment Utilization and Charges

Users are required to pay the fee listed in the pricing schedule for equipment usage, in line with these Terms. Should a user wish to prolong their usage time beyond the allocated period without returning the equipment to the SUP-Station, an extra charge will apply.

  1. Usage Duration:
    1. Equipment rentals are available for periods spanning from 1 to 6 consecutive hours. The initial booked duration can be extended once for an additional hour at a reduced rate. If the SUP-Station is closing in less than 2 hours, users may rent equipment for a maximum of 1 hour.
    2. Delayed Returns: If equipment isn’t returned within the booked timeframe, the user will receive a warning notification, visible in their account. A second late return may result in account deactivation. Warnings remain valid for one year from the violation date, after which they’re automatically removed. Please reach out to the Surf Station team promptly if you receive an erroneous warning or if your reservation is canceled without valid cause.
    3. Extended Usage: If the booked period is surpassed, Surf Station will bill for the extra time in hourly increments at the discounted rate, provided the user settles the additional charge immediately upon concluding the rental session. Users must verify the successful completion of their rental session in the app and pay for any extra time to benefit from the discounted rate. Failure to pay for extended usage immediately may result in Surf Station imposing a penalty fee, typically double the standard price.
    4. Payment Acknowledgment: By completing a payment, the user irrevocably confirms their purchase of the Service and/or Goods and accepts these Terms. The user recognizes and agrees to the formation of a contract with Surf Station.
    5. Reservation Cancellation by Surf Station: The Company reserves the right to cancel orders or discontinue services for users who breach these Terms.
    6. Price Adjustments: Surf Station maintains the right to modify prices at any time. If prices in Surf Station’s online store change after a user has placed and paid for an order, Surf Station will fulfill the order at the price valid at the time of purchase.
    7. Order Modifications and Cancellations: Changes and cancellations are restricted. For Service products (rental and event sessions), alterations and cancellations can only be processed within the app. For events (SUP tours, classes, etc.), cancellations made over 24 hours before the event start time will receive a 90% refund. No refunds will be issued for event cancellations made less than 24 hours before the session begins. Cancellations for booked rental sessions will also be refunded 90% if made more than 1 hour before the session start time. No refunds will be given for cancellations made less than 1 hour before the session begins. For physical products, change or cancellation requests must be submitted via email and may incur an additional fee unless otherwise determined by Surf Station.
    8. Users wishing to withdraw from a contract after purchasing a physical product must notify Surf Station in writing immediately. A written notice should be emailed to [email protected], detailing the order date, order number, and the user’s contact information (first name, surname, contact phone number). In case of withdrawal, products must be returned to Surf Station within 14 days of submitting the withdrawal request. The user is responsible for return shipping costs. Returned items must be in their original packaging and suitable for resale. A copy of the order or invoice should be included, along with the reason for return if possible. Damaged products will not be refunded.
    9. A Seasonal Pass can be acquired from Surf Station, allowing the user access to equipment at the SUP-Station during the current season, as specified on the Season Pass. Seasonal Passes, priced according to the app price list, can be purchased through the Surf Station web app or mobile app, and may also be activated using a voucher code. Surf Station also provides other time-specific tickets with varying prices and validity periods. Equipment available under the Seasonal Pass can be used during daylight hours, except during special events, group activities, or if Surf Station restricts equipment use for other reasons. Users can check exact free time and equipment availability via the mobile app. Seasonal Passes are valid only for equipment at the SUP-Station and do not apply to instructor-led group activities like SUP tours, SUP yoga, and other special events. Each user can purchase only one Seasonal Pass at a time, and these passes are personalized and intended for individual use only. Reselling or transferring Seasonal Passes to third parties is prohibited. Equipment obtained with a Seasonal Pass cannot be transferred for use by third parties, and sharing login information and access codes to the SUP-Station with third parties is also forbidden. If a user is found to have transferred their Seasonal Pass to a third party, resold it, or otherwise violated the general terms and conditions, it will be considered a breach of the Terms. In such cases, Surf Station may cancel the user’s Seasonal Pass and notify the user via the mobile app or email. Users must use the web app at surfstation.ee/app or download the mobile app to access the equipment at the SUP-Station, register their valid phone number, and ensure their Seasonal Pass is linked to an active bank card. A valid Seasonal Pass allows users to access the equipment via the mobile app. However, Surf Station does not guarantee the availability of equipment at the SUP-Station at all times. Users can check equipment availability through the mobile app and, if available, book the equipment up to three hours before the intended use. If a user does not show up at the time of booking, does not start using the equipment, and does not cancel the booking at least one hour before the start time, Surf Station has the right to charge the user for the booked equipment usage time. All conditions and requirements listed in these general terms apply to the use of the equipment unless specified otherwise by Surf Station in special conditions. With a Seasonal Pass, users can repeatedly rent one set of SUP equipment for up to one hour at a time without additional charges. After the first hour, to start a new one-hour period, the equipment must be returned to the SUP-Station as specified in the general terms. If the equipment is not returned to the SUP-Station on time and the usage time exceeds one hour, an additional fee as per the price list will be charged. A Seasonal Pass can be terminated at any time, and the registered account can be deleted. In the event of termination of a Seasonal Pass, the payments already made by the user are non-refundable.
    10. Surf Station offers gift cards for purchase (the “Gift Card”). Upon purchase of a Gift Card, Surf Station will email a unique code to the buyer (the “Voucher Code”). This code can be used to purchase products in Surf Station’s online store and pay for events. Gift cards are transferable to third parties, and it’s the responsibility of the Gift Card purchaser to forward the voucher code. Recipients of gift cards can redeem the code and register as a User.

Section 9. Tax Obligations

Users are responsible for all applicable taxes related to the Services and/or Goods they receive, excluding taxes on our company’s income.

All users bear the responsibility for any tax obligations linked to payments they make or receive. We will only withhold taxes from payments when legally required or as specified in these Terms.

Should our company undergo an audit, you consent to promptly assist us by providing any necessary tax documents or other relevant materials that may be requested by the appropriate authorities.

Section 10. User Liability and Compensation

By using our services, you agree to protect and compensate our Company, including its leadership, staff, representatives, and partners (collectively referred to as “Protected Parties”), against any potential losses, legal claims, expenses, damages, penalties, fines, and costs. This includes, but is not limited to, legal fees that may be incurred by a Protected Party due to your improper use of the “Site” and/or “App”.

Users accept full personal responsibility for any harm caused to themselves or others while utilizing the Equipment.

Users will be held accountable if they fail to return the Equipment to the “SUP-Station” properly, do not secure the door correctly, or if their actions result in damage, loss, or theft of the Equipment, rendering it beyond repair or further use. The maximum liability is equal to the combined value of the “SUP-board”, paddle, and life vest.

In cases where a user is responsible for the loss or destruction of multiple equipment sets, a higher liability amount may be applicable. “Surf Station” will notify the User of any such claim beforehand via email or telephone.

Section 11. Limitation of Liability

We cannot be held responsible, and you acknowledge that you will not hold us liable for any damages resulting from or related to the Terms, including but not limited to:

  1. Any malicious software, errors, or glitches encountered while accessing or linking to our “Services” and/or “Goods”.
  2. Any harm to your device resulting from the use of the “Site” and/or “App”.
  3. Any inability to access or use our “Site” and/or “App”.
  4. Any actions taken regarding your account, including suspension.
  5. Any failures in telecommunications, computer services, systems, equipment, or software managed or provided by third parties.
  6. Your trust in the accuracy or reliability of profiles, recommendations, or other information available through our “Site” and/or “App”.
  7. Any other circumstances beyond our reasonable control.

“Force Majeure” refers to any cause impacting the execution of the Terms that is beyond the reasonable control of either party. This includes, but is not limited to: labor disputes, civil unrest, acts of war, natural disasters, epidemics, and transportation disruptions.

In the event of “Force Majeure”, neither party is responsible for failing to fulfill their obligations under the Terms, provided that the affected party:

Promptly informs the other party and provides complete details about the “Force Majeure” event. Makes every effort to overcome the “Force Majeure” and continues to fulfill their obligations to the extent possible. If a party is unable to meet their obligations due to “Force Majeure”, the obligation will be suspended for the duration of the event, but this suspension period must not exceed 15 days under any circumstances. If a “Force Majeure” delay persists for more than 30 days, either party may terminate the binding Terms by providing 7 days’ written notice to the other party.

Section 12. Limitation of Liability and Warranty Exclusions

To the maximum extent permitted by law, We are not liable to You or any third party for any indirect, special, incidental, punitive, or consequential damages. This includes, but is not limited to, bodily harm, financial losses, emotional distress, data loss, revenue reduction, intellectual property infringement, and economic disadvantage.

You acknowledge that We cannot guarantee the absence of viruses or other harmful code in files downloadable from the internet, “Site” and/or “App”. It is your responsibility to implement adequate anti-virus measures, ensure data accuracy, and maintain external backups for any potential data loss.

We bear no responsibility for any damages resulting from distributed denial-of-service attacks, viruses, or other technologically harmful material that may compromise your computer, device, programs, data, or proprietary information due to your use of the “Site” and/or any “App”.

The “Site” and/or “App”, including all content, services, and items obtained through them, are provided “as is” and “as available” without any express or implied warranties. Neither the Company nor its associates make any guarantees regarding the completeness, security, reliability, quality, accuracy, or availability of the “Site”, “Services”, and/or “Goods”.

Please note that some of Our “Services”, “Courses” and/or “Tours” are conducted by external third-parties/Service providers. We are not responsible for any claims arising from contractual relationships between You and these third parties.

To the fullest extent allowed by law, the Company disclaims all warranties, whether express, implied, statutory, or otherwise. This includes, but is not limited to, warranties of merchantability, non-infringement, and fitness for a particular purpose. This disclaimer does not affect any warranties that cannot be excluded or limited under applicable law.

Section 13. Conflict Resolution

We encourage a swift, economical, and mutually advantageous approach to resolving disagreements. Prior to initiating any legal proceedings, you commit to engaging in an alternative dispute resolution method. Both parties will jointly decide on a mediation or arbitration process.

Should the parties fail to resolve a dispute within a 7-day period from its inception, either party may opt to refer the matter to dispute mediation or online commercial arbitration. This process will be managed by JAMS, Inc. in accordance with its “Streamlined Arbitration Rules and Procedures” (the “Rules”), accessible at https://www.jamsadr.com/rules-streamlined-arbitration. Alternatively, another mutually agreed-upon online dispute resolution (ODR) center may be used. The mediator or arbitrator will determine the applicable mediation or arbitration guidelines.

At Our discretion, you may be asked to relinquish all rights to pursue legal action for resolving disputes arising from these terms through other channels, including any court of law.

Any legal claims or causes of action related to these Terms must be initiated within one (1) year of the cause arising; failure to do so will result in the permanent barring of such claims or causes of action.

While parties are engaged in the informal dispute resolution process outlined in this section, any statutes of limitations and filing fee deadlines will be suspended.

By agreeing to these terms, you forfeit your right to participate in class action lawsuits or other class proceedings.

This clause does not impact a party’s ability to seek interim relief or initiate legal proceedings.

Section 14. Applicable Law and Venue

These Terms are subject to the relevant International Private Laws and the local laws and regulations of the country where Surf Station and/or its affiliates are registered, without consideration of any principles that might lead to the application of laws from other jurisdictions.

Any legal actions, suits, or proceedings stemming from or related to these Terms must be brought exclusively in the courts of the country where Surf Station and/or its affiliates are registered. However, we maintain the right to initiate legal action against you for breaching these Terms in your country of residence or any other pertinent jurisdiction. You hereby waive any objections to the exercise of jurisdiction over you by these courts.

Section 15. Additional Provisions

We retain the authority to modify our Terms periodically to ensure compliance with evolving laws and regulations. In such instances, we will provide you with timely notification.

It is your responsibility to periodically review this page to stay informed of any changes, as these modifications are binding upon you.

We maintain the right to deny or limit access to Users who breach our Terms and may pursue legal remedies when deemed necessary.

Should any provision within these Terms be deemed invalid, unless otherwise specified, such invalidity will not impact the enforceability of the remaining provisions, which will continue to be fully effective.

When an email address is required, you must provide your most up-to-date contact. If the last email you provided is invalid or unable to receive communications, any notice sent to that address will still be considered effectively delivered.

The “Site” and/or “App” may contain links to external websites and resources. These are provided solely for your convenience, including those in advertisements and sponsored content. We do not oversee or take responsibility for the content of these external sites, nor are we liable for any losses or damages that may result from your use of them. Accessing any third-party websites linked from our “Site” and/or “App” is done at your own risk and is subject to their respective terms of use.

Section headings are included for ease of reference and do not affect the interpretation of these Terms.

Our failure to enforce any term or condition outlined in these Terms does not constitute a waiver of that or any other term or condition. Similarly, our failure to assert a right or provision under these Terms does not equate to a waiver of that right or provision.

The Terms presented here should be interpreted in conjunction with our Policies.

Section 16. Contact Details

For any inquiries, feedback, or requests regarding our Terms, please use the contact information provided below:

Company: Aldonera OÜ

Phone: +372 56638788