General Terms and Conditions (GTC) of Heiuki Share GmbH

Terms governing the use of the Heiuki Share GmbH platform (GTC, General Terms and Conditions / “Terms of Use”)

As of: June 2026 · Version 3.0

This is a translation of the German General Terms and Conditions. In the event of any discrepancy between the language versions, the German version shall prevail to the extent legally permissible.

PREAMBLE

1.1 Heiuki Share GmbH, Erzherzog-Karl-Straße 5a/6, 1220 Vienna, registered in the company register of the Commercial Court of Vienna under FN 605422b, operates, among other things, an online platform via a progressive web app and on its websites (the “Heiuki Share Platform”).

1.2 Through the Heiuki Share Platform, services in the field of sport, equipment rental and leisure (the “Sport and Leisure Offering”) can be searched, booked (“Booking”) and paid for online. The Sport and Leisure Offering is carried out by the respective partner companies (“Operators”) on their own responsibility, in their own name and for their own account. If, exceptionally, Heiuki Share GmbH itself carries out the Sport and Leisure Offering at individual locations, it acts for those locations in the role of “Operator” described herein; this is indicated to the User during the booking process.

1.3 Role of Heiuki Share GmbH (intermediary platform). The User’s contractual partner with respect to the booked Sport and Leisure Offering – in particular the rental, the activity, the condition of the equipment, the automated station and, where applicable, the location – is exclusively the respective Operator as the owner of the station and the organiser. The organiser is indicated to the User during the booking process and in the Operator’s GTC linked there. Heiuki Share GmbH acts solely as an intermediary platform: it brokers the usage/service contract between the User and the Operator, does not itself become a party to that contract, and owes neither the rental nor the performance of the activity. Heiuki Share GmbH supports the Operator vis-à-vis the User essentially by clearly presenting the Sport and Leisure Offering and by processing Bookings, but not in the performance of the contract between the Operator and the User.

1.4 Definitions:

– “User” means persons (in particular consumers) who use the Heiuki Share web app, who have registered via the Heiuki Share Platform, and other visitors to the websites operated by Heiuki Share GmbH (in particular www.heiuki.com, www.heiuki.at).
– “Heiuki Share System” comprises the Heiuki Share Platform and other administration and booking services of Heiuki Share GmbH (online and offline).
– “Operator” / “organiser” means the natural or legal person that has concluded a contract with Heiuki Share GmbH for the use of the Heiuki Share System as a provider of Sport and Leisure Offerings and automated sports-equipment rental (“Partner Agreement”) and that provides the respective Sport and Leisure Offering in its own name and for its own account.

1.5 Personal data (of the Operator, its customers and its employees) within the meaning of data protection law (in particular telephone number, address, e-mail address, other content data) is processed in accordance with the Privacy Policy, available at www.heiuki.com on the homepage.

§ 1 SCOPE

1.1 These GTC govern any use of the Heiuki Share Platform, in particular the Booking of the Sport and Leisure Offering by the User.

1.2 Amendments to these GTC will be communicated to the User in writing or in text form. If the User does not object to such amendments within four weeks of receipt of the notification, the amendments shall be deemed agreed. The User will be separately informed of the right to object and of the legal consequences of silence in the event of an amendment.

1.3 These GTC apply exclusively. Conflicting or deviating terms of the User are not recognised unless Heiuki Share GmbH has expressly agreed to their validity in writing.

§ 2 SUBJECT MATTER AND ROLE OF HEIUKI SHARE GMBH

2.1 The Heiuki Share Platform enables the User to book or reserve Sport and Leisure Offerings – in particular stand-up paddling and canoe equipment – to collect them without personnel at the designated locations, and to use them exclusively on the bodies of water designated for the respective region.

2.2 The User may use the services via the Heiuki Share Platform by manually entering the reservation or through other activities related to the business.

2.3 In accordance with clause 1.3 of the Preamble, the usage/service contract is concluded exclusively between the User and the Operator indicated during the booking process. Heiuki Share GmbH acts solely as an intermediary.

2.4 Personal requirements. Eligible to participate and rent is any person who is of legal age and is neither medically nor physically impaired and who can practise SUP, canoeing and water sports in general without danger to themselves or others. A prerequisite for using the rental equipment is the ability to swim at least 25 minutes in open water without aids. By making a Booking, the User declares that they meet these requirements. Business and private customers must ensure that all other group members also meet this personal suitability.

2.5 For minors, the written consent of the legal guardian is required.

2.6 Use of the provided equipment under the influence of alcohol or other intoxicants is not permitted. If customers consume alcohol before, during or after using the rental equipment, a tour or other events, they do so at their own responsibility. Liability for resulting damage is excluded – except in cases of intent or gross negligence on the part of the Operator. The Operator and Heiuki Share GmbH reserve the right to exclude participants who are evidently intoxicated or under the influence of drugs or other addictive substances, and to refuse to commence or to discontinue the service.

2.7 By booking the rental equipment, the User confirms having taken note of and agreeing to comply with the “Ordinance on the commercial rental of sport boats and their use on inland waterways” and the VDWS information sheet “SUP water law”. The ordinance and the information sheet are available on the Heiuki Share GmbH website.

2.8 B2B customers act as independent legal and economic persons. They may use the rental equipment for their purposes at the respective location.

2.9 The selection of the entry/exit point as well as entering and exiting the water are not part of the brokered service and are at the User’s own responsibility. Responsibility for the location and its immediate surroundings lies with the respective Operator.

§ 3 RIGHTS AND OBLIGATIONS OF THE USER

3.1 The User declares that they have informed themselves about the local rules for navigating and using the water surfaces and about the weather, and undertakes to observe them when using the rented equipment.

3.2 The User undertakes to use the rented equipment only with the safety line (leash) attached and with weather-appropriate clothing.

3.3 The use of and independent provision of a proper life jacket is expressly recommended. Paddling, kayaking and the use of the equipment without a life jacket are at the User’s own risk. The rules of the respective region of the body of water also apply. If additional life jackets are required, the Operator of the SUP and kayak station must be contacted. If no buoyancy aids or life jackets are available, the Booking may be cancelled free of charge – including outside the cancellation rules under § 5.

3.4 The equipment and accessories to be rented are handed over in technically flawless and clean condition. All rental items must be returned by the User in the same proper and clean condition.

3.5 The User undertakes to inspect the equipment provided for damage upon collection and to report any damage in the designated protocol. Damage caused by the User must be reported in the designated protocol within 10 minutes during handover or return.

3.6 If parts of the equipment were damaged or lost during a previous rental and timely replacement by the Operator is not possible, the User may only withdraw from the contract or claim a reduction if the equipment’s fitness for use is impaired.

3.7 If the User discovers a defect or a safety-relevant deficiency in the rental equipment before or during use, use must be stopped immediately or must not be commenced. The User may not go onto the water with defective or evidently unsafe equipment. In such a case, the Heiuki hotline must be contacted without delay. If a defect not attributable to the User is established that precludes safe use, the Booking will be cancelled and the amount paid will be refunded to the User. Safety takes precedence over carrying out the Booking.

§ 4 DAMAGE, LOSS AND SETTLEMENT

4.1 If the User does not return the rental item in proper condition corresponding to the condition at collection (e.g. damaged or defective), or if individual components are missing (e.g. paddle, drybag, leash, other accessories), the Operator – or Heiuki Share GmbH in the name and for the account of the Operator – is entitled to charge the costs of repair or replacement.

4.2 The decisive measure is the replacement value taking into account the age and wear of the item concerned (deduction “new for old”). For consumable and accessory parts that are completely lost, missing or destroyed, the regular replacement price may be applied.

4.3 A comprehensible, itemised statement of the amounts claimed will be provided to the User. The User reserves the right to prove that no damage or only lesser damage occurred.

4.4 Authorisation to collect payment. The User authorises the Operator or Heiuki Share GmbH to collect justified and due claims arising from damage or loss via the payment method stored during the booking process, provided that the User does not object, with reasons, to the amounts claimed in the statement under clause 4.3 within 14 days of receipt. Undisputed amounts may be collected after expiry of this period.

4.5 Damage and soiling occurring during use must be remedied at the User’s expense. The User is obliged to report damage without delay to hallo@heiuki.com and to provide photographic evidence.

4.6 If unforeseen circumstances arise that make timely return of the rental item impossible, the Operator or Heiuki Share GmbH must be notified immediately to enable a simple and cost-effective solution. Any recovery costs are to be borne by the User.

4.7 For group bookings, the User is jointly and severally liable together with the participants involved. If the party that caused the damage cannot be identified, the person who made the group booking is solely liable, unless they can prove that the damage was not caused or co-caused by any of their participants.

§ 5 BOOKING, PRICES, PAYMENT AND CANCELLATION

5.1 Conclusion of contract. A contract for the Sport and Leisure Offering is concluded upon the booking confirmation by e-mail. The contractual partner is exclusively the Operator (organiser) indicated during the booking process; Heiuki Share GmbH acts as an intermediary (see clause 1.3 of the Preamble). The contract is concluded in German and English.

Examples of Operators at individual locations:

– Hungarian locations Pere, Hernád: see www.hernad-sup.hu
– Italian location Cortellazzo/Venice: see www.whatsupragazzi.com/impressum/

The relevant Operator is always indicated during the booking process.

5.2 Use of the Heiuki Share Platform is free of charge for the User.

5.3 The prices for the Sport and Leisure Offering stated on the Heiuki Share Platform are final prices and include statutory VAT. The prices originate exclusively from the respective Operator. Heiuki Share GmbH assumes no liability for these price details.

5.4 Every Booking or booking request made via the Heiuki Share Platform is forwarded by Heiuki Share GmbH as a messenger of declaration to the Operator, either by e-mail or directly via the Heiuki Share Platform. The Booking becomes effective upon receipt of the corresponding booking confirmation. The booking confirmation is displayed via the Heiuki Share Platform or sent by e-mail; no liability is assumed for delivery of the e-mail.

5.5 The User must pay the price displayed by the Operator via the Heiuki Share Platform through the Heiuki Share Platform. Various payment methods are available at various rates.

5.6 Insolvency. If the Operator or Heiuki Share GmbH becomes insolvent before the User has used the already paid-for Sport and Leisure Offering, the User will only receive a refund from Heiuki Share GmbH if Heiuki Share GmbH has not yet forwarded the payment to the Operator. The User bears the credit risk of the Operator.

5.7 Cancellation. As a matter of principle, a Booking must be assumed to be non-cancellable. Cancellation conditions vary by Operator. If the Operator grants the User cancellation rights, the conditions are visible before each Booking. If these are not visible before the Booking, the following applies: where cancellation rights have been granted by the Operator, the cancellation is settled exclusively by means of a value voucher. Cancellation after expiry of the cancellation period is only possible with the consent of the respective Operator.

5.8 Misuse of free services. To prevent misuse of exceptionally free services and erroneous bookings, Heiuki Share GmbH and the Operator reserve the right to cancel a reservation in individual cases if a query at the telephone number provided by the User is not possible. In such cases, the User has no claim to use the offering. The same applies if repeated bookings were made in the past under the e-mail address provided by the User without the free offering having been used.

5.9 Withdrawal and free cancellation due to weather conditions. In the event of weather conditions that prevent the safe performance of the service (e.g. gusts exceeding a strength of 20 km/h, hail showers, cold snaps, persistent rain), both contracting parties may withdraw from the contract before as well as during the booking period in order to ensure a safe stay on the water or to avoid dangerous situations. If the Booking is cancelled due to such weather conditions before commencement, the Operator will fully refund the amount already paid by the User. Free cancellation is possible online at heiuki.com/stornieren or by e-mail to hallo@heiuki.com. If the hazard arises only after use has commenced, § 9.3 applies.

§ 6 LATENESS AND LATE RETURN

6.1 If the User does not properly return the rental item by the booked return time at the latest, the User is in default.

6.2 From the 11th minute after the booked return time, the further usage time is charged retrospectively at the applicable rate. In addition, the User owes a lump-sum compensation for loss of use and additional expense in the amount of EUR 15 per rental item per instance of lateness. The User reserves the right to prove that no damage or only lesser damage occurred; the right of judicial mitigation remains unaffected.

6.3 After settlement of the retrospectively charged usage time and the compensation, the User is granted renewed access to the locker so that the rental item can be returned in accordance with the contract. The payment obligation exists independently of the renewed access.

6.4 If the rental equipment cannot be re-rented on time due to the fault of the User, the provisions of this § 6 apply.

§ 7 LOCKER, VALUABLES AND DRYBAGS

7.1 The locker of the rental item serves exclusively to store the rental equipment and is not a valuables or storage compartment (personal locker). The safekeeping of the User’s belongings is not part of the contract.

7.2 The Operator and Heiuki Share GmbH assume no liability for items left behind by the User in the locker, in particular valuables, mobile phones, keys and documents.

7.3 The User is expressly informed that, after expiry of the booked time – but no earlier than 10 minutes after the booked return time – the locker may be assigned to a subsequent User authorised to open it, thereby making the contents accessible to third parties. Valuables must therefore be stored separately on land or carried in a suitable drybag. The User’s mobile phone functions as the key to the locker; if the User does not wish to carry it, it must be kept safely on land.

7.4 Drybags. The provision of drybags is a voluntary, free-of-charge service. Liability for their presence, availability or water-tightness is excluded – except in cases of intent or gross negligence. Carrying items that are not packed water-tight is at the User’s own risk. To ensure sufficient water-tightness, the drybag must be folded at least three times and then closed with the intended fasteners. Electronic devices are sensitive and should additionally be stored in a waterproof box.

§ 8 LIABILITY

8.1 Operator’s performance. The services performed by the Operator are at the User’s own risk and peril. The Operator assumes no liability for damage, whether contractual or non-contractual, arising to the User or third parties in connection with the service. This also includes the transport of equipment. Excluded from the liability exclusion is liability for bodily injury, harm to health and personal injury of the User, as well as for other damage, insofar as such damage is attributable to intent or gross negligence on the part of the Operator.

8.2 If services cannot be provided for reasons attributable to the Operator, the Operator is liable up to the full amount of the service price. Any further liability is excluded, subject to mandatory statutory provisions.

8.3 Role and liability of Heiuki Share GmbH. Heiuki Share GmbH acts solely as an intermediary (see clause 1.3 of the Preamble) and does not become a party to the usage/service contract. It is therefore not liable for the performance, the condition of the equipment, the station or the location, or for other performance obligations of the Operator. Liability of Heiuki Share GmbH exists exclusively for the intermediary and platform services owed by it, and even then only in cases of intent and gross negligence; mandatory liability for bodily injury, harm to health and personal injury remains unaffected. Insofar as Heiuki Share GmbH exceptionally carries out the offering itself at individual locations (clause 1.2), the provisions regarding the Operator apply to it.

8.4 Liability of the User. The User is liable for damage incurred by the Operator or Heiuki Share GmbH during the User’s use of the service. In the case of damage caused by gross negligence or intent, the User is also liable for consequential damage.

8.5 Indemnification. The User indemnifies the Operator and Heiuki Share GmbH against all third-party claims arising from accidents or from the violation of laws, ordinances or other regulations in connection with the service by the User or a third party. The User declares that they will not violate applicable law when using the rental item.

8.6 Group bookings. For group bookings, the User is jointly and severally liable together with the respective liable participants. The person who made the group booking is solely liable if the party causing the damage cannot be identified, unless they prove that the damage was not caused or co-caused by any of their participants.

8.7 Standard of liability. The Operator and Heiuki Share GmbH are liable for breaches of duty by their vicarious agents or legal representatives in accordance with the statutory provisions (§ 1313a ABGB) in the case of intentional or grossly negligent conduct. For slight negligence, liability exists only for damage arising from injury to life, body or health. Liability for consequential damage, including loss of earnings and lost profit, is excluded to the extent legally permissible. Otherwise, to the extent legally permissible, liability exists only for foreseeable damage typically to be expected.

8.8 Limitation period. Claims for damages by the User become time-barred one year after they arise. This does not apply to claims for damages based on intentional or grossly negligent breaches of duty, nor to claims arising from injury to life, body or health, nor to claims in tort.

§ 9 USAGE REQUIREMENTS AND RESPONSIBILITY OF THE USER

9.1 Rules of conduct on the water.** The User must comply with the local provisions, in particular water and traffic regulations, while using the equipment, and must inform themselves accordingly before starting use.

9.2 For locations near Lake Constance, on the Main and, for example, Lake Chiemsee, the following applies: outside the 300 m shore zone, there is an obligation to carry or wear a life jacket (lifesaving appliances and buoyancy aids EN ISO 12402-5). Navigation bans and private rules in non-public property areas or bird/fish protection zones must be observed. Private meadows, pastures and fields along the shores may not be entered; going ashore is only permitted at public rest areas. In addition, the “Heiuki Guideline for Rental” linked in § 11 applies.

9.3 Weather and discontinuation during use. The User is obliged to inform themselves, on their own responsibility, about the current weather conditions and the weather forecast before each outing. A non-binding weather forecast is also displayed to the User for guidance at app.heiuki.com; this display is provided without warranty as to accuracy, completeness or timeliness and does not release the User from their own responsible assessment of whether a safe outing is possible. In the event of a storm warning, thunderstorm, heavy rain or other weather conditions endangering safety, the User must immediately discontinue use, return to the rental station and hand over the equipment. For the remaining time not used as a result, the User receives a value voucher of corresponding value for later redemption. If use must be refrained from due to weather conditions already before commencement, § 5.9 (free cancellation) applies.

9.4 Particular caution is required when using the equipment on the open sea; waves, currents and wind pose particular dangers. The User must inform themselves sufficiently about the conditions on the day and at the location of use and correctly assess their physical condition and experience.

9.5 The notices on the information board at the rental station and the start and SUP tips must be observed and form part of these GTC.

9.6 Use exclusively at the designated locations. The SUP/kayak equipment may only be used at and on the waters of the respective rental station. It is prohibited to transport the equipment to other bodies of water and use it there. No liability is assumed for such use, which is not contractually permitted.

9.7 Bringing a dog. Bringing a dog onto the board is permitted, but is at the User’s own risk and responsibility; no liability is assumed in this respect. The User must use suitable safety equipment (e.g. a dog life jacket), take the total weight into account, and ensure the dog is adequately supplied with water – especially on salt water. The User is fully liable for damage or increased wear of the equipment. To protect the equipment, it is recommended to place a large, thick towel on the area designated for the dog.

§ 10 PLACE OF PERFORMANCE AND JURISDICTION

The place of performance and jurisdiction for all claims arising from the contractual relationship is, to the extent legally permissible, the registered office of the respective Operator and contractual partner. Mandatory consumer-protection venues (in particular § 14 KSchG) remain unaffected.

§ 11 NOTICES AND INSTRUCTIONS

The following documents form part of these GTC and are available on the Heiuki Share GmbH website:

– Heiuki Guideline for Rental
– Heiuki Instructions and Notes
– SUP within the framework of water traffic law – VDWS
– SUP Rules at Otto-Maigler-See, Hürth

§ 12 FORCE MAJEURE

If performance of the contract becomes impossible due to force majeure (e.g. severe weather or the like), both parties may withdraw from the contract.

§ 13 FINAL PROVISIONS

13.1 Severability. Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.

13.2 Language version. These GTC are available in German and English. In the event of discrepancies between the language versions, the German version shall prevail to the extent legally permissible.

Heiuki Share GmbH · Erzherzog-Karl-Straße 5a/6 · 1220 Vienna · FN 605422b (Commercial Court of Vienna) · hallo@heiuki.com