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Terms and Conditions

Effective: May 2026

§ 1 Scope and Contracting Party

1.1 Scope

These General Terms and Conditions (the “Terms”) apply to all contracts between you as a customer (the “Customer”) and us regarding the booking and use of experiences offered under the ALMARA brand (the “ALMARA Moments”). The version of the Terms in force at the time of booking applies.

1.2 Contracting Party

The Customer’s contracting party is:

Ubu Beteiligungs GmbH
Zehlendorfer Damm 75A
14532 Kleinmachnow
Germany
Commercial Register: HRB 34135 P, Amtsgericht Potsdam
Managing Director: Wolfgang Donko
Email: office@ubu-beteiligung.de

The ALMARA brand is part of the brand portfolio of Ubu Beteiligungs GmbH. In the event of a subsequent transfer of operational business to another group company (in particular ubu lifestyle GmbH), the contractual relationships will be transferred in accordance with Sections 414, 415 of the German Civil Code (BGB). The Customer will be informed in good time and may object to the transfer; in such case, the contractual relationship with Ubu Beteiligungs GmbH continues until full performance.

1.3 Consumer

These Terms are addressed to consumers within the meaning of Section 13 BGB. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.4 No conflicting terms

Deviating, conflicting or supplementary general terms and conditions of the Customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity in writing.

§ 2 Brokerage Model and ALMARA-Operated Locations

2.1 Two arrangements

ALMARA offers Moments in two arrangements:

  • Brokered Moments: ALMARA brokers the experience contract between the Customer and a partner (location operator, provider).
  • ALMARA-operated locations: At its own locations (e.g. store, pop-up, beach kiosk), ALMARA provides the service itself or through its own vicarious agents.

The applicable arrangement is clearly indicated to the Customer prior to conclusion of the contract in the booking flow (provider notice on the detail page of the respective Moment).

2.2 Brokered Moments

For brokered Moments, the experience contract is concluded directly between the Customer and the respective partner. ALMARA is not a contracting party to the experience service and is liable exclusively for proper brokerage and the provision of its own platform and booking services.

The respective partner, including its registered office and contact details, is communicated to the Customer no later than with the booking confirmation.

2.3 ALMARA-operated locations

At ALMARA-operated locations, Ubu Beteiligungs GmbH (subject to the transfer clause in § 1.2) is itself the contracting party to the experience contract.

§ 3 Conclusion of Contract

3.1 Booking process

The presentation of ALMARA Moments on the website does not constitute a binding offer but an invitation to the Customer to submit an offer. By clicking the order button (“Book now”, “Order with obligation to pay” or similar), the Customer submits a binding offer to conclude a contract for the selected Moment.

3.2 Conclusion of contract

The contract is concluded upon successful completion of payment and the booking confirmation sent by email immediately thereafter. In the case of brokered Moments, the contract is concluded between the Customer and the partner; ALMARA’s booking confirmation also serves as confirmation of the brokerage.

3.3 Voucher

With the booking confirmation, the Customer receives a voucher entitling them to receive the booked service. Depending on the technical implementation, the voucher may be attached to the booking confirmation as a PDF, transmitted as a digital link, as a QR code with attached PDF, or stored as an entry in a digital wallet (e.g. Apple Wallet, Google Wallet). The voucher contains, in particular, the booking number, booked Moment, date, and number of participants.

3.4 Storage of the contract text

The contract text (booking confirmation and Terms) is sent to the Customer by email. The Terms may additionally be attached as a PDF or made accessible via QR code. The Customer is requested to retain these documents.

3.5 Contract language

The contract language is German. Translations of these Terms into other languages are for information purposes only; in the event of any inconsistencies, the German version prevails.

§ 4 Prices and Payment

4.1 Prices

The prices indicated on the website at the time of booking are final prices in euros including statutory value-added tax. If local fees (e.g. tourist tax, spot fees) apply additionally at the location, they will be transparently disclosed before conclusion of the contract.

For bookings relating to locations outside the eurozone, prices may be indicated in the respective local currency. Billing takes place in the indicated currency; any exchange rate risks and fees of the payment service provider are borne by the Customer.

4.2 Payment methods

Payment is made in advance via the payment methods offered in the booking flow. We typically accept credit card (Visa, Mastercard, American Express), SEPA direct debit, PayPal, Apple Pay, Google Pay and other payment methods offered by our payment service providers. The specifically available payment methods are displayed in the booking flow.

4.3 Payment service providers

Payment processing is carried out via the external payment service providers Stripe Payments Europe Ltd. and/or Mollie B.V. By selecting a payment method, the Customer agrees to the transmission of their payment data to the respective provider. Further information on the processing of personal data can be found in our Privacy Policy.

4.4 Due date

The remuneration is due upon conclusion of the contract and is collected immediately as part of the booking.

§ 5 Cancellation by the Customer

5.1 Minimum standards

Unless otherwise noted in the booking confirmation, the following minimum standards apply to cancellation by the Customer:

  • Up to 48 hours before the date: free cancellation with full refund of the booking price.
  • Within 48 to 24 hours before the date: cancellation fee of 50% of the booking price.
  • Within 24 hours before the date: no refund.
  • In case of no-show: no refund.

5.2 Deviating cancellation terms

Different cancellation terms may apply to individual Moments, e.g. during high season or for special events. These are clearly indicated to the Customer prior to conclusion of the contract in the booking flow and become part of the contract with the booking confirmation.

5.3 Form of cancellation

Cancellations can be made in text form to support@almara.life or via the function provided in the booking flow. The receipt of the cancellation notice at ALMARA is decisive for compliance with the cancellation period.

§ 6 Rebooking

6.1 Rebooking by the Customer

Up to 48 hours before the date, the Customer may rebook to another date free of charge, subject to availability on the desired new date. Within 48 hours before the date, rebooking is no longer possible; the cancellation provisions in § 5 apply. Rebookings can be made via support@almara.life or via the function provided in the booking flow.

6.2 Cross-location rebooking and seasonal operation

ALMARA locations are partly seasonal operations. If no suitable replacement date is available at the original booking location within the current season, the Customer may choose:

  • rebooking to a date at the same location within the next 60 calendar days, at least until the end of the current season or until the start of the following season;
  • rebooking to another ALMARA location, provided a comparable Moment type is available there (see § 6.3);
  • conversion of the booking amount into a value voucher pursuant to § 19 with three years of validity, redeemable at all ALMARA locations.

6.3 Rebooking between Moment types

When rebooking to another Moment type, the following rules apply:

  • Rebooking to an equal or lower-value Moment type is free of charge. Any price difference remains as a credit balance (analogous to § 19.3).
  • Rebooking to a higher-value Moment type is possible against payment of the price difference, subject to availability.

6.4 Cancellation or delay by ALMARA or the partner

If the booked service is not provided by ALMARA or the partner at the agreed time – in particular due to unsuitable weather conditions, equipment defects, force majeure or for safety reasons – the following escalation cascade applies:

Stage 1 – Short delay on the same day: In the event of a delay of up to 60 minutes and if the Customer agrees to the later date, the service is provided as booked. ALMARA or the partner may, at its own discretion, offer a service bonus (e.g. additional experience time, follow-up voucher); there is no legal entitlement to such bonus.

Stage 2 – Same-day rescheduling: In the event of a delay of more than 60 minutes within the business hours of the same day, the Customer is offered a replacement date. Alternatively, the Customer may choose between:

  • accepting the replacement date;
  • rebooking pursuant to §§ 6.1 to 6.3;
  • conversion into a value voucher pursuant to § 19;
  • full refund of the booking amount.

Stage 3 – Rebooking in the coming days: If performance on the same day is not possible, ALMARA or the partner offers a replacement date within the next 3 calendar days at the same location. Alternatively, the Customer may choose between:

  • accepting the replacement date;
  • cross-location rebooking pursuant to § 6.2;
  • conversion into a value voucher pursuant to § 19;
  • full refund of the booking amount.

Stage 4 – No solution possible: If rebooking within the next 3 calendar days is also not possible or the Customer rejects all options offered, the Customer receives a full refund of the booking amount within 14 business days via the originally used payment method.

6.5 Exclusion of consequential damages

A claim for compensation for futile expenses (in particular travel, accommodation or other consequential costs) is excluded unless such expenses were foreseeable for ALMARA at the time of conclusion of the contract, or unless ALMARA or the partner is responsible due to wilful intent or gross negligence. § 17 (Liability) remains unaffected.

§ 7 Right of Withdrawal

7.1 Exclusion for fixed-date bookings

The right of withdrawal is excluded pursuant to Section 312g(2)(9) BGB for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period of performance. Since ALMARA Moments are generally booked for a specific date, there is no right of withdrawal in this respect.

7.2 Right of withdrawal for value vouchers

When purchasing a value voucher (§ 19) that is not issued for a specific date, the Customer has a statutory right of withdrawal. A corresponding instruction on withdrawal is made available to the Customer prior to conclusion of the contract.

§ 8 Force Majeure

ALMARA and the partner are not liable for the non-performance or delayed performance of services attributable to force majeure. Force majeure includes, in particular, exceptional weather conditions, official orders, pandemics, natural disasters, strikes or comparable unavoidable events. § 6.4 (escalation cascade) remains unaffected; in these cases the Customer receives the options provided for therein.

§ 9 Customer Requirements

9.1 General suitability

By booking, the Customer confirms that they are in the physical and health condition to safely participate in the booked experience. In particular, the Customer confirms that there are no health restrictions that would prevent participation (e.g. cardiovascular conditions, epilepsy, acute injuries, pregnancy, insofar as relevant to the respective experience).

9.2 Swimming ability

For water-based Moments, the Customer confirms that they have sufficient swimming ability, can move freely and safely in the water and have no fear of water. The Customer is obliged to inform the provider of any concerns before the Moment begins.

9.3 Minimum age and supervision of minors

For the use of certain ALMARA Devices, age restrictions set by the manufacturer apply, which are communicated to the Customer in the product description prior to conclusion of the contract. Minors may only use the Devices under the supervision of an adult legal guardian or an adult accompanying person expressly authorised by the legal guardian. The supervising person assumes full responsibility for the minor’s compliance with these Terms.

9.4 Alcohol and drugs prohibition

The Customer confirms that they will not use the ALMARA Device or the experience service under the influence of alcohol, narcotics or medication that impairs reactivity. ALMARA and the partner are entitled to refuse handover of the Device and provision of the service if there are indications of such impairment. In such case, there is no right to refund.

9.5 Right of refusal

ALMARA and the partner are entitled to refuse handover of the Device and provision of the service if there are legitimate doubts as to the Customer’s suitability within the meaning of paragraphs 9.1 to 9.4, or if the Customer does not complete the safety briefing provided for in § 10. In case of a justified refusal, there is no right to refund.

§ 10 Safety Briefing

10.1 Mandatory briefing

Before first use of an ALMARA Device, the Customer is required to complete a safety briefing. The briefing covers the operation of the Device, applicable safety rules, behavioural rules in the water, emergency procedures and information on suitable areas of use.

10.2 Form of the briefing

The briefing takes place in one of the following forms:

  • Digital: The Customer watches a mandatory briefing video and digitally confirms receipt and understanding of the safety information.
  • Analogue: The Customer receives an oral briefing from the provider on site and confirms receipt and understanding thereof.

The form of the briefing follows from the booking or is determined at the location.

10.3 Confirmation and consequences

By confirming the briefing, the Customer confirms that they have understood the safety information and will comply with it. Without confirmed briefing, the Device will not be handed over. False or incorrect confirmation of the briefing may result in refusal of the service and trigger liability for the Customer.

§ 11 Handover and Use of the ALMARA Device

11.1 Handover

Upon handover of the Device, a joint visual inspection is carried out by the provider and the Customer. Any existing defects are recorded in a handover protocol (digital or analogue). By accepting the Device, the Customer confirms that it is in a proper, usable and clean condition and that the accessories supplied are complete.

11.2 Intended use

The Customer undertakes to use the Device exclusively for its intended purpose and in accordance with the manufacturer’s specifications, the safety instructions from the briefing and these Terms. In particular, the permissible areas of use, maximum depths, speed levels and usage times must be observed.

11.3 Prohibited uses

The following are in particular prohibited:

  • use in places where use is legally, officially or by house rules prohibited;
  • carrying or transporting additional persons or objects, insofar as the Device is not expressly intended for this;
  • technical, visual or software modifications to the Device, including stickers, paintwork or adhesive films;
  • transfer of the Device to third parties without prior express consent of ALMARA or the partner;
  • repairs or maintenance work by the Customer;
  • use for competitions, stunts or comparable activities with increased risk.

11.4 Duties of care

The Customer undertakes to handle the Device carefully and conscientiously and to protect it from damage, soiling, theft and loss. During breaks, the Device must be kept in a safe place or supervised.

11.5 Return

The Customer returns the Device at the agreed time, complete and in the condition in which they received it, apart from normal contractual wear and tear. Upon return, a renewed visual inspection is carried out by the provider. If a damage is identified which was not noted in the handover protocol, it is presumed that this occurred during the usage period; the Customer is free to provide evidence to the contrary.

11.6 Late return (Quick-Rent)

ALMARA Moments are provided in a Quick-Rent model: the Customer rents the Device for a precisely defined slot (e.g. 30, 40 or 50 minutes). Following the booked slot, there is a tolerance period of 5 minutes for the return (drop-off). If the return takes place after expiry of the tolerance, the following applies:

Case A – no follow-up booking affected: If the grace period is exceeded and no subsequent booking is made, the additional charge will be calculated in 10-minute intervals. Example: A booked slot price of € 30 for 30 minutes results in a charge of €10 per 10-minute interval.

Case B – follow-up booking affected: If the grace period is exceeded and a subsequent booking is made, the additional charge will be calculated in 10-minute intervals, plus a 50% surcharge. The surcharge serves as a lump-sum compensation for the additional expenses and follow-up booking rescheduling caused by the delay.

The Customer is in each case free to prove that ALMARA or the partner has suffered no damage or significantly less damage. Further claims for damages remain unaffected.

§ 12 Security Deposit

For the use of higher-value Devices, ALMARA or the partner may require a security deposit in the form of a credit card pre-authorisation. The amount of the security deposit is transparently communicated to the Customer prior to handover. Following contractual return of the Device, the pre-authorisation is released; the actual crediting to the Customer’s account depends on processing by the card-issuing bank and may take several business days. Actual charging of the credit card only takes place if and to the extent that the Customer is liable for damage, loss or other breaches of duty under these Terms.

§ 13 Damage, Loss and Non-Return

13.1 Damage

The Customer is liable for damage to the Device occurring during the usage period that is attributable to a breach of their obligations under these Terms, in particular operating errors, overuse, non-contractual use or breach of duties of care. The Customer is not liable for normal contractual wear and tear or for material or manufacturing defects.

13.2 Loss and theft

In the event of loss or theft of the Device during the usage period, the Customer is obliged to inform ALMARA or the partner without delay. In the case of theft, a police report must additionally be filed and a copy thereof submitted unsolicited to ALMARA.

The Customer is liable for loss or theft if a breach of the duties of care under § 11.4 is attributable to them. Liability does not apply if the Customer proves that they have observed customary care.

13.3 Non-return

If the Device is not returned beyond the booked slot and until the end of business hours of the respective location, and if the Customer does not establish contact with ALMARA or the partner within this period, the Device is deemed not returned. In such case, ALMARA is entitled to:

  • invoice the replacement value of an equivalent Device;
  • file a criminal complaint for misappropriation pursuant to Section 246 of the German Criminal Code (StGB);
  • realise the security deposit agreed under § 12 in the corresponding amount.

The provision of § 11.6 (late return within the same business day) remains unaffected by this provision; it applies exclusively to late but completed returns.

13.4 Extent of liability for damage

In case of partial damage, the Customer is liable for the repair costs, capped at the replacement value of an equivalent Device. ALMARA will endeavour to ensure an appropriate and proportionate assessment when asserting any claims.

§ 14 Conduct in Case of Accidents and Damage Events

If the Customer is involved in an accident or comparable damage event during use of the Device or performance of the Moment, they must inform ALMARA or the partner without delay. The Customer is obliged to provide all information necessary to clarify the matter, in particular information on parties involved in the accident, witnesses and extent of damage. In case of personal injury, the emergency services must be notified immediately. Police records or medical examination must be initiated as required.

§ 15 Customer’s Own Responsibility, Insurance and Optional Damage Liability Reduction

15.1 Own risk

Participation in an ALMARA Moment and use of an ALMARA Device are at the Customer’s own risk, insofar as this is not attributable to a breach of safety obligations by ALMARA or the partner. The Customer bears in particular the risk for personal belongings, valuables, items of clothing and electronic devices they bring along.

15.2 Customer’s own liability insurance

The Customer is obliged to have sufficient private liability insurance covering damage to third parties in connection with the use of leisure equipment. ALMARA further recommends taking out accident insurance.

15.3 Optional damage liability reduction

ALMARA or the partner may optionally offer, against an additional fee, a damage liability reduction that limits the Customer’s liability for damage or loss of the Device to a pre-disclosed deductible. The specific availability, conditions, deductible amount and excluded cases of damage (in particular wilful intent and gross negligence) are disclosed in the booking flow and become part of the contract upon booking the damage liability reduction. There is no entitlement to the damage liability reduction.

§ 16 Damage to Third Parties and Indemnification

16.1 Customer’s liability towards third parties

If the Customer causes damage to third parties during use of the Device or performance of the Moment – whether to persons, property or assets – the Customer is solely liable. ALMARA and the partner are not contracting parties between the Customer and third parties and assume no liability whatsoever for such damage.

16.2 Indemnification in the internal relationship

If ALMARA or the partner are subjected to claims by third parties for damages or other performance because the Customer has caused damage in connection with the use of the Device or performance of the Moment, the Customer indemnifies ALMARA and the partner from all such claims in the internal relationship, including reasonable costs of legal defence incurred. This does not apply insofar as the damage is attributable to a breach of safety obligations by ALMARA or the partner.

§ 17 Liability of ALMARA

17.1 Principle

ALMARA is liable within the framework of the statutory provisions for damages based on wilful intent or gross negligence, as well as for damages from injury to life, body or health based on a negligent breach of duty by ALMARA or a wilful or negligent breach of duty by a legal representative or vicarious agent.

17.2 Material contractual obligations

For other damages based on a slightly negligent breach of material contractual obligations (cardinal obligations) by ALMARA, a legal representative or vicarious agent, ALMARA is liable only up to the amount of the damage typical for the contract and foreseeable at the time of conclusion. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner regularly relies and may rely.

17.3 Exclusion of further liability

Otherwise, ALMARA’s liability is excluded.

17.4 Liability under the Product Liability Act

Liability under the German Product Liability Act and other mandatory statutory provisions remains unaffected.

17.5 Application to vicarious agents

The foregoing limitations of liability also apply in favour of legal representatives, employees and other vicarious agents of ALMARA.

17.6 Brokered Moments

For brokered Moments (§ 2.2), the liability provisions of this § 17 relate to the brokerage and platform services of ALMARA. For the actual provision of the experience service, the partner is solely liable. For ALMARA-operated locations (§ 2.3), these liability provisions also apply comprehensively to the provision of the experience service itself.

§ 18 Exclusion of Liability for Own Risk

Insofar as the Customer suffers damage attributable to a breach of their own obligations under these Terms, in particular non-compliance with the safety briefing, the prohibitions of use under § 11.3 or the safety and suitability requirements under § 9, liability of ALMARA and the partner is excluded, unless the provider is at fault.

§ 19 Value Vouchers

19.1 Subject matter and redemption locations

ALMARA offers the opportunity to purchase value vouchers. A value voucher entitles the holder, within its validity, to make bookings via the ALMARA platform and to offset the voucher value in whole or in part against the booking price. Value vouchers are redeemable across locations and countries at all ALMARA locations available at the time of redemption. They are not tied to a specific Moment type, country or location.

19.2 Validity

Value vouchers are valid for three years from the end of the year of their purchase, unless expressly stated otherwise. After expiry of validity, the right of redemption lapses.

19.3 Remaining balance

If a value voucher is only partially redeemed, the remaining amount remains as a credit balance for further bookings within the validity period. Cash payout of the remaining balance is excluded.

19.4 Transferability

Value vouchers are transferable and may also be redeemed by third parties. ALMARA does not verify the authorisation of the person redeeming.

19.5 Right of withdrawal

When purchasing a value voucher, the Customer has a statutory right of withdrawal (§ 7.2). A corresponding instruction on withdrawal is made available before conclusion of the contract.

19.6 Currency and conversion

Value vouchers are issued in the currency in which they were purchased. The nominal value remains unchanged irrespective of exchange rate movements. If a value voucher is redeemed in a currency other than the issuing currency, conversion is made at the reference rate published by the European Central Bank on the day of redemption. Any exchange rate differences, fees of the payment service provider or other bank-side costs are borne by the Customer. Any remaining balance remains in the issuing currency of the voucher.

§ 20 Complaints and Dispute Resolution

20.1 Complaint management

Complaints and reclamations can be sent to support@almara.life. We endeavour to respond to complaints within five business days of receipt.

20.2 EU online dispute resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. Our email address for consumer complaints is: support@almara.life.

20.3 Consumer dispute resolution

We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 21 Data Protection

The processing of personal data in connection with the booking and execution of ALMARA Moments is carried out in accordance with our Privacy Policy.

§ 22 Final Provisions

22.1 Applicable law

Contracts between ALMARA and the Customer are governed by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers habitually resident in another EU member state, the protection afforded by mandatory consumer protection provisions of their state of residence remains unaffected.

22.2 Place of jurisdiction

No exclusive place of jurisdiction is agreed vis-à-vis consumers. For actions by ALMARA against the Customer, the court at the Customer’s place of residence has exclusive jurisdiction.

22.3 Changes to these Terms

ALMARA reserves the right to amend these Terms with effect for the future. The version applicable at the time of booking is decisive for the contractual relationship. Changes are published on the website and do not apply retroactively to contracts already concluded.

22.4 Severability clause

Should individual provisions of these Terms be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, the statutory rule shall apply.

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