LULL Company Terms and Conditions
All activities bookings are subject to these terms and conditions. By submitting your booking to us, you represent to us that you have the authority to make the booking for you or on behalf of your party and that you accept on your behalf or on behalf of your party that the booking is subject to these Terms and Conditions. A contract exists as soon as we issue our Booking Confirmation. You should check the details of your confirmation carefully and promptly to ensure that it accurately reflects the booking you have requested. You should immediately inform us of any discrepancies.
LULL is recreation and sports renting equipment company for all the services that we provide through our website efoilistria.com and onsite locations.
LULL, recreation and sports renting equipment craft
Viovica street 4, 52100 Pula, Croatia
Phone: +38597 639 3329
BANK NAME: PRIVREDNA BANKA ZAGREB
SWIFT CODE: PBZGHR2X
All content included in or made available through LULL Company website, social media or printed materials such as text, graphics, logos, button icons, images, audio and video clips, digital downloads or other is the property of LULL Company or its content suppliers and protected by Croatian and international copyright laws. The compilation of all content included in or made available through any LULL Company services is the exclusive property of LULL Company and protected by Croatian and international copyright laws.
LULL Company is the owner of its trademark. LULL’s trademark may not be used in connection with any product or service that is not LULL’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits LULL. All other trademarks not owned by LULL that appear in LULL website, social media or printed materials are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by LULL.
- No previous experience is required for the purchase of our services.
- Participants are solely responsible for being in adequate health and physical condition to participate in our services and to have the necessary basic level of fitness corresponding to the reserved activity.
- Participants are required to be able to swim and behave at sea properly.
- All customers participate at our services at their own risk.
- LULL Company provides insurance against third parties during the execution of our services in the event of accidents or injuries caused due to equipment malfunction.
- For other coverage customers are advised to have additional insurance (i.e. travel or other).
The customer is obliged to return the rented equipment by the end of the booked rental time to the location where the equipment has been picked off or at LULL eFoil surfing location. In case the customer is returning the equipment late, the customer will be charged double for the time outside the reserved time slot, minimum 100 EUR for delay up to 30 minutes.
Deposit in amount of 150 EUR is required for equipment rental (accepted as cash payment or credit card blocked amount) as well as personal document. Personal document (passport or ID card) will be returned to the customer after the equipment is returned. In case all equipment is returned undamaged full deposit of 150 EUR will be returned to the customer. In all other cases deposit will be kept by LULL.
Reservation and payment
All payments will be made in offical Croatian currency, which is Euro.
Once we receive your booking request, desired experience will be reserved for you at the reqested availabe date and time. Upon payment of the experience your booking will be confirmed.
All activity prices on LULL website are subject to change without prior notice. However, once you have made your booking and have received the booking confirmation from us, the price of your activity will remain the same as in the booking confirmation, no price changes will occur.
You may cancel your activity at any time. Written e-mail notification from you or the lead name in your group is required. Cancellation will only be accepted on payment of the cancellation charges as set out below:
- for cancellations till 48 h before your experience - we will not deduct any cancellation fee.
- for cancellations 48-24 h before your experience - we will deduct 20% cancellation fee.
- for cancellation less than 24h before your experience - we will deduct 50% cancellation fee.
- for cancellation within 4 hours of your scheduled booking - we will deduct 100% cancellation fee.
Postponement and cancellation due to unfavourable weather conditions
On rare occasions activities may need to be postponed due to unfavourable weather conditions. In these circumstances, LULL Company will make all efforts to reschedule your lesson.
If you are unable or unwilling to accept this rescheduled activity, LULL Company will not oblige to refund you the full cost.
If we need to cancel your experience due to unfavourable wind or dangerous weather conditions, you will not be liable for any costs.
Please note that we do not cancel experiences if it is raining unless there is thunder or lightning.
Loss and damages
We are not responsible for customer’s lost or damaged items.
Any loss or damage to LULL Company property during the experience will be charged to the customer in full amount.
Safety & Circumstances Beyond Our Control
Your safety and safety of our staff is our main concern. Services at LULL may be cancelled or re-scheduled or curtailed by us in weather conditions which may in our view make the activity dangerous or unsafe or due to circumstances beyond our control (including staff illness).
As with other activity-based experiences, water sports activities contain an element of risk. It must be understood that your participation in these activities is your decision and at your own risk.
The LULL instructor or employee has primary responsibility for the safety of the crew, customers and craft at all times and his/her decision is final.
If you or any member of your party commits an illegal or potentially dangerous act including carrying or taking drugs before or during an activity, is under the influence of alcohol, persistently disregards the instructions of the LULL instructor, or is disruptive or exhibits difficult behaviour, the LULL instructor reserves the right to terminate such persons’ participation in the activity with no responsibility to LULL Company. In such an event there will be no right to any refund and LULL reserves the right to make a claim for costs and losses incurred.
Photo & Video Usage
LULL takes photos and videos of its booked customers as a part of the service provided as it is clearly stated on our website. We reserve the right to use these photos and videos in our web, social media and any other promotional materials. By sending your booking to us you acknowledge and accept this term in full.
All participants must be physically fit and able. They must, at the time of booking, advise of any illness or disability (such as diabetes, epilepsy, asthma, heart condition, recent injuries, hearing impairment, visual impairment etc.) that may affect their ability to participate. If at all unsure, participants must check with a doctor before booking and must be able to produce a note from their doctor if required.
Participants must bring any necessary medication with them and ensure that staff are made aware of what medicine this is and how it is to be administered. Be advised that some of the activity locations are remote and self-contained. We reserve the right to refuse any booking on medical grounds if the medical condition is detrimental to the safety and smooth running of the experience.
Damage by customers
Should damage or loss to vessels, persons or equipment be caused because of wilful damage or gross negligence by a customer, a customer under the influence of alcohol or drugs or as a result of refusal or failure to obey instructions given by our staff, then he or she will be liable for the full amount of repair or replacement and any resulting costs. The activity leader reserves the right to terminate the activity immediately.
All complaints can be submitted via email: email@example.com . If needed customer may also submit written complaint personally at our beach location in Lost bay in Štinjan, Pula or by post to LULL obrt, Viovica street 4, 52100 Pula, Croatia. The customer will receive a written response within 15 days of complaint receipt.
LULL Company is committed to protecting the personal data of customers, by collecting only the necessary, basic information about customers needed for the purpose of meeting our obligations.
For purpose of online booking LULL Company collects the following information:
- name and surname
- mobile phone number
- e-mail address
LULL Company does not share the above collected personal data of customers with any other party. All user data is kept strictly by LULL Company and is available only to the employees who need access to this information to complete their tasks.
All LULL employees are responsible for adhering to the principles of privacy protection.
LULL Company gives the ability to decide whether the customer wants to remove their name from the lists used for marketing campaigns.
Information efoilistria.com collects using cookies are used exclusively for:
- optimum page functionality,
- site visitor analytics through Google Analytics module
No personal user data is collected.
LULL, recreation and sports renting equipment craft (efoilistria.com) is not responsible for the data manipulation of third-party modules. By agreeing to use the website you agree to these terms.
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Risk Warning and Liability Waiver
- The Participant acknowledges and agrees that the use of a Fliteboard eFoil (Fliteboard) and the activity organized or conducted by LULL Company MB 98377833 (we, us or supplier) is in the nature of an “extreme sport” and as such, has inherent dangers and risks, including risk or personal injury or death to the Participant. The Participant acknowledges that the use of a Fliteboard is dangerous with many inherent risks and hazards, including but not limited to crashing, falling off the Fliteboard, slipping, falling, losing balance, colliding with other persons, equipment, or another object of a physical feature, falling on hard or otherwise uneven surfaces, other people or their equipment and can cause, therefore, personal injury (including spinal injury) and sometimes death. You voluntarily assume and accept all such risks. To the fullest extent permitted by law, you agree to waive and exclude all of your legal rights of action against us or the Fliteboard Pty Ltd CAN 621 061 569 and you fully release and indemnify us for any loss, damage, personal injury or death you may suffer or sustain howsoever arising out of or in relation to your use of a Fliteboard and/or participation in the activities conducted or organized by or on behalf of us including without limitation, liability for any negligent or tortious act or omission, breach of contract of breach of statutory duty by us, our director, employees or agents. You further acknowledge and agree that you undertake the activity freely, voluntarily, and absolutely at your own risk and with a full appreciation of the nature and extent of all risks involved in the activity. By signing this document you warrant that you are 18 years of age or over OR by signing this document you warrant as a parent or legal guardian for the Participant under the age of 18, that you/Participant are physically fit and do not have any pre-existing physical, medical or other conditions which might impair your ability to safely use a Fliteboard or could be impacted or exacerbated by your use of a Fliteboard.
- You understand and acknowledge that by signing this document or accepting it online, our liability is excluded in relation to recreational services and recreational activities for death, physical or mental injury, contraction of a disease or aggravation of any physical condition that may be suffered by you resulting from the supply of recreational services or recreational activities. The change to your rights, as set out in this document, do not apply if your death or injury is due to gross negligence on our part.
- By signing this document or accepting it online, you acknowledge, agree, and understand that participation in the recreational services provided may involve risk. You agree and undertake any such risk voluntarily and at your own risk. You also acknowledge that the risk warning above constitutes a ‘risk warning’ in accordance with the Civil obligations Act and other relevant legislation of the Republic of Croatia and that the exclusive jurisdiction and venue for any claim shall be in the City of Pula municipal court.
- Signing this form or accepting it online, you are agreeing that your rights to sue the supplier (LULL Company MB 98377833 or the Fliteboard Pty Ltd CAN 621 061 569), if you are killed or injured, are excluded, restricted, or modified in the way set out in this form. Note: The change to your rights, as set out in the form does not apply if your death or injury is due to gross negligence on the supplier’s part. “Gross” negligence, in relation to an act of omission, means doing the act or omitting to do an act with reckless disregard, with or without consciousness, for the consequences of the act or omission.
Acknowledgment: This document binds the Participant and his or her executors and we will rely on this document. The Participant has read, understood, and agrees to the terms of this document.
Boat & Personal Watercraft Demo Release of Liability & Indemnification Agreement for rental services provided by LULL Company
Read Carefully. This is a release of liability and waiver of legal rights.
The person who is booking a boat or personal watercraft rental shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” mean LULL Company and its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. The “Activity” means using a boat or personal watercraft, and otherwise taking part in boating or the use of a personal watercraft.
- Risks of Activity.
The Undersigned agree and understand that taking part in the Activity can be hazardous and involves the risk of physical injury and/or death. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: changing weather or water conditions; debris; tides; currents; wake action; slips; falls; collisions, including but not limited to, collisions with other participants, boats, watercraft, and other manmade and natural objects; weather conditions; capsizing; sinking; exposure to elements; drowning; marine and other wildlife; equipment failure and/or defects; operator error, mental distress from exposure to any of the above; and negligence of others.
THE UNDERSIGNED ACKNOWLEDGE THAT THE DESCRIPTION OF THE DANGERS AND RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS, INCLUDING, BUT NOT LIMITED TO THE ACTS, OMISSIONS, REPRESENTATIONS, CARELESSNESS, AND NEGLIGENCE OF THE RELEASED PARTIES. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
- Boat or Personal Watercraft Use and Damage.
The boat or personal watercraft is provided “as is” and with no warranties, express or implied. The Undersigned accept full responsibility for the care of the rental boat or personal watercraft during the rental period. Undersigned agree to pay for any damage that occurs to the boat or personal watercraft regardless of the circumstances under which such damage may occur. Undersigned agree to pay for any costs incurred in retrieval of rented boats or personal watercraft which are left in water for non-mechanical reasons. Undersigned agree to pay all costs, including reasonable attorney’s fees, incurred by Released Parties to collect any sums due or to enforce any terms of this agreement. Undersigned agree to pay interest of 18% per annum on all sums owed to Released parties. The Undersigned agree that Released Parties are authorized and shall have the right to charge the Undersigned’s credit card for any sums owed.
- Release and Indemnification: In consideration of the Participant being permitted to participate in the Activity, the Undersigned (a) unconditionally release, forever discharge, and agree not to sue the Released Parties from and for any claims or causes of action for any liability or loss of any nature, including personal injury, death, and property damage, arising out of or relating to Participant’s participation in the Activity, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract the Undersigned may or will have against the Released Parties; and (b) agree to indemnify, defend, and hold harmless the Released Parties from and against any liability or damage of any kind and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity.
- Minor Acknowledgment. By signing this Agreement or accepting it online without a parent or legal guardian’s confirmation, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing or accepting it online as the parent or guardian of a minor Participant, adults represent that they are a legal parent or guardian of the minor Participant.
- Medical Care. Undersigned authorize the Released Parties to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in their opinion, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.
- Miscellaneous. The Undersigned agree: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the Republic of Croatia, and the exclusive jurisdiction and venue for any claim shall be located in the City of Pula municipal court; and (c) this agreement shall be binding upon the subrogors, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned.
I have carefully read this agreement and understand its contents. I am aware that I am releasing legal rights that otherwise may exist.
BY SENDING A BOOKING FORM OR A REQUEST AND/OR BOOKING A SERVICE WITH LULL COMPANY YOU FULLY ACKNOWLEDGE AND AGREE TO THE LULL COMPANY TERMS AND CONDITIONS INCLUDING RISK WARNING AND LIABILITY TERMS AND BOAT & PERSONAL WATERCRAFT DEMO RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT FOR RENTAL SERVICES PROVIDED BY LULL COMPANY.