SUPer Holidays

Information on Terms and Conditions for SUP rental and guided experiences (SUP, Kayak, Rubber Boat)

Dear Customer,
This information notice is provided by SUPer Holidays, as the organizer of Stand Up Paddleboard (SUP) rental services and guided experiences, including SUP excursions, kayak excursions, and boat tours. Before proceeding with the purchase or participation in the activities, we invite you to carefully read the following terms and conditions governing the services offered. The use of our services (SUP rental, SUP or kayak excursions, and boat tours) implies acceptance of the provisions set forth herein.

Terms

• At check-in, you must present the reservation code and a form of identification. The individual checking in will be considered the responsible party for the rental, regardless of who made the payment, thereby consenting to the contractual terms and conditions.
• The reservation code is exclusively for the use of the service renter of the SUP and the second person named during the data entry phase, provided that their information (ID number, first and last name) matches exactly at the time of check-in.
• It is advisable to arrive 15 minutes early to complete the check-in, in order to fully utilize the rental time in the water.
• The reservation code is exclusively for the use of the purchaser of the SUP rental service and the second person named during the data entry phase, provided that their information (ID number, first and last name) matches exactly at the time of check-in.
• One SUP per person. Shared use is not allowed, except for children under 10 years old, provided that the combined weight does not exceed 120 kg.
• It is strongly recommended to use the provided flotation aid jacket during the rental to minimize risks and facilitate rescue. However, the use of the jacket does not transfer any legal responsibility to the organization in case of accidents, whether the jacket is worn or not. The responsibility for personal safety remains with the customer.
• SUPer Holidays offers the customer a subscription for the rental of SUPs with two alternative options: 1.Price €100.00 (one hundred euros) valid for 4 rentals from 8:30 AM to 12:30 PM. 2. Price €50.00 (fifty euros) for a total of 6 hours, NOT necessarily consecutive, in one day.
• The subscription can be used not only by the purchaser but also by third parties indicated by them. The purchaser will be the one to sign the attached waiver and assumes all responsibility for the use of the equipment rented by them or by the indicated persons. In case of damage, loss, or deterioration of the equipment, the user will be exclusively and directly responsible. However, if the use of the equipment involves the persons indicated by the purchaser, responsibility for the damage will be jointly attributed between the signatory and the individuals actually involved, where identifiable.
• The use of the subscription for equipment rental is exclusively subject to booking through the SUPer Holidays online platform. It will not be possible to book equipment via phone, messaging, or any other unauthorized channels. Equipment availability will only be guaranteed following the correct online booking procedure and the pick-up at the SUPer Holidays physical location.

Conditions

• I. Subject - The user rents the following SUP, which is fully owned by the lessor and is in perfect working condition and maintenance.
• II. Obligations of the Parties:
  • The lessor undertakes to:
  • deliver the rental items in perfect working order and ensure their peaceful enjoyment by the user for the duration of the rental.
  • The user undertakes to:
  • take delivery of the items provided and to preserve them with the diligence of a prudent person;
  • use the items for their intended purposes;
  • pay the agreed rental fee as regulated and accepted;
  • return the items at the end of the rental period in the same condition, level of efficiency, maintenance, and cleanliness as when delivered, at their own care and expense;
  • be responsible in case of damage, theft, or loss of the rental items due to their fault. They are therefore held liable for any damages and must reimburse the lessor for the cost of repair or replacement, even if caused by third parties.
  
  
• 1. Rental Price and Payment Terms - For the rental of the SUP, a fee equal to the rate set in the application and freely chosen by the Customer is due to the lessor. Payment must be made at the time of booking.
• 2.Contract Duration - The duration of the contract will be agreed upon by the parties at the time of signing the lease agreement. The commencement coincides with the moment of delivery of the SUP, and the expiration with the term established and indicated in the app.
• 3.Renting SUPs is permitted for minors under 18 years of age, provided that the parent exercising parental responsibility and/or the person in a position of guarantee signs the waiver, included in the contracts and assistance section, and supervises them accordingly.
• 4.The responsible party, on their own behalf or on behalf of the minor, declares to be in good physical and mental health and not to suffer from medical conditions that could jeopardize their safety or that of others during the independent use of the SUP in water.
• 5.Before renting a SUP, the responsible party, whether for themselves or for the minor, must declare that they possess basic swimming skills and are capable of using the SUP independently and safely.
• 6.Utmost seriousness and responsibility are required in the use of the SUP to ensure both personal and others' safety. It is crucial to avoid reckless behaviors and to respect the sea in all circumstances.
• 7.In case the Customer is unable to avail themselves of the already paid rental due to reasons attributable to the Customer, there is no provision for a refund of the payment made.
• 8.In the event of unforeseen circumstances preventing the Customer from using the already paid rental, not attributable to the Customer, two options are available: 1. A refund of the amount paid. 2. Transfer of the reservation to the second declared person (if present) who meets the requirements outlined in these terms and conditions (e.g., being of legal age, possessing basic swimming skills, etc.). To execute the transfer, simply provide the booking code to the recipient, who must accept the transfer. It is clarified that all responsibilities associated with the use of the SUP will be transferred to the person using the service following the reservation transfer.
• 9.The use of the SUP is prohibited in adverse weather conditions. In such a scenario, the responsible party is required to show up at the agreed-upon location for the weather conditions check. If the operator confirms the impossibility of using the SUP due to bad weather, the customer has two options: reschedule the activity for a new agreed-upon date or request a refund, providing IBAN details for the transaction. The customer will not be entitled to a refund if they fail to show up without prior communication, and the weather conditions are not confirmed by the operator.
• 10.The use of the SUP in unauthorized areas is not permitted. Failure to comply with this condition absolves SUPER Holidays of any responsibility for any accidents or damages. However, assistance for the rescue of endangered individuals is provided by SUPer Holidays, with costs borne by the customer.
• Please note that the payment made to SUPer Holidays for the rental equipment does not include any insurance coverage for damages or personal injuries.
• 11.The booking code provided at the end of the booking process is unique and will be sent via email or can be downloaded directly at the end of the booking. It is essential that the booking code be presented along with the Customer's identification document and/or the issuance of a specific authorization in favor of third parties.
• 12.In case of damage, loss, or expenses for the recovery of the SUP, a penalty of up to €250.00 (two hundred fifty euros) will be applied.
• 13.For damage to or loss of the provided mask, dry bag, or anchor, a penalty of up to €30.00 (thirty euros) will apply. The Renter will not be held responsible under any circumstances for water entering the dry bag. The Renter will deliver the equipment in perfect condition, but it is the User’s responsibility to report any holes or to ensure they are capable of using it properly.
• The same penalty of €30.00 (thirty/00 euros) per person applies if two individuals ride the same SUP board together, in violation of the guidelines established by SUPer Holidays.
• 14.In case of the need for rescue during the use of the rented equipment, the intervention will be at the expense of the Customer who requested or benefited from it, with a fixed cost of €50.00 (fifty euros) per person for each intervention carried out. The payment of this amount will be required regardless of the cause of the incident or failure, unless the event is due to recognized defects in the equipment provided by SUPer Holidays.
• 15.The rental provider, upon the Customer's request, will make available a locker with a lock, but not monitored, at a cost of €4.00 (four euros) for the entire duration of the rental. The rental provider is in no way responsible for theft or damage to items inside the locker, and the key will be returned exclusively to the person who made the purchase. In case of damage or loss of the key, a penalty of up to €15.00 (fifteen euros) will be applied.
• 16.The Customer is required to immediately report any malfunction or damage found on the SUP to the operator and, in any case, before use. Failure to report will be considered as acceptance of the SUP in optimal condition
• 17.If the Customer wishes to take part in the guided excursion experience, they explicitly authorize the creation of photographs and audiovisual recordings featuring them. The Customer further agrees to the publication and use of these images and recordings, without any time or geographical limitations, for the promotional, commercial, and informative purposes of SUPer Holidays. These materials may be used across any communication platform (including websites and social media) without any compensation being owed for such use.
• 18.During the use of the rented equipment, the Customer will be provided with a mobile phone and a smartwatch equipped with geolocation capabilities through the Life360 application. SUPer Holidays will track the Customer's route in real time exclusively for safety reasons, in order to monitor the location, intervene quickly in case of emergency, and communicate promptly. The tracking will end upon the return of the equipment and devices. The location data will not be stored beyond the time strictly necessary for managing the activity and will not be shared with third parties, unless required by law. By signing this agreement, the Customer declares to have been informed and to consent to the processing of location data for the purposes mentioned above. In case of damage or loss of the smartwatch or mobile phone, a penalty of up to 120€ (one hundred twenty euros) will be applied.
• 19.Both parties undertake to maintain the confidentiality of information regarding the other party's business activities. This obligation of confidentiality shall not apply to information that has become public knowledge. All in accordance with the provisions of Legislative Decree No. 196 of June 30, 2003.
• 20.The present contract is governed by Italian law. Insofar as not expressly provided, the provisions of the Civil Code apply, particularly those stipulated in Article 1571 et seq.
• 21.Any modification to this contract must be made in writing and signed by both parties, under penalty of nullity.
• 22.In case of disputes regarding the execution of this contract, the Court of Cagliari shall have exclusive and irrevocable jurisdiction.
• 23. Delay for excursions/tours – It is mandatory to arrive at least 15 minutes before the departure time. If the Customer arrives late and the excursion/tour has already departed, no refund or rescheduling of the activity will be provided. The indicated time is strict, and the organizer is not obliged to wait for latecomers.
• 24. Boat tour requirements – The activity is not suitable for people with reduced mobility or conditions that may compromise safety on board. Minimum age: 2 years. Minors must always be accompanied by a responsible adult. It is mandatory to follow the crew’s instructions and wear safety equipment where required.
• 25. Guided kayak/SUP excursion requirements – The participant declares to be in good physical and mental condition, to be able to swim, and to be fit for the activity. It is mandatory to follow the guide’s instructions and use the safety equipment provided (e.g., buoyancy aid) for the entire duration of the experience.
• 26. Allergies and intolerances for group snacks – The Customer is required to communicate any food allergies or intolerances in advance. In the absence of prior notification, the organizer cannot be held responsible for any reactions; however, necessary precautions will be taken within reasonable limits.
• 27. Prohibited behaviors – It is forbidden to participate in the activities under the influence of alcohol or drugs, to engage in dangerous conduct, or to disregard the staff’s instructions. The guide or the captain reserves the right to exclude the participant at any time for safety reasons, without the right to a refund.
• 28. Assumption of risk and limitation of liability – Sea activities involve inherent risks. The Customer assumes the risks associated with participation and undertakes to comply with all safety instructions. Within the limits permitted by law, SUPer Holidays is liable only for willful misconduct or gross negligence and is not responsible for events not attributable to its organization.
• 29. Insurance – The fee paid does not include personal insurance coverage against accidents and/or damage to the Customer’s property. It is recommended to obtain personal insurance coverage if deemed appropriate.
• 30. Authority of the captain/guide – For safety reasons or due to weather and sea conditions, the captain or guide may modify itineraries, schedules, stops, or cancel/postpone the activity. In such cases, the provisions already indicated regarding bad weather and rescheduling/refunds shall apply.

By accepting these terms and conditions, the Customer confirms awareness of the risks associated with SUP activities and assumes full responsibility for any accidents or damages to persons or property resulting from the use of the rented equipment. SUPer Holidays undertakes to provide equipment in good condition and to inform the customer of any precautions to be taken.

Pursuant to Articles 1341 and 1342 of the Civil Code, the following clauses are specifically approved in writing: 7, 9, 10, 12, 13, 17, 18, 20, 21, 22, 23, 24, 27, 28, 30.