Version 2026-09-12. You accept this version at checkout; we store the version and the time you agreed.
§ 1 Provider and scope
These general terms apply to membership at Smoke at the Water, owner Benn Neujahr, Am Strand 5a, 19063 Schwerin (“we”). Membership is for consumers aged 18 and over and can only be taken out at smokeatthewater.de/mitgliedschaft. For hire of SUP boards and sun loungers our rental terms and safety notes also apply.
§ 2 Formation of contract
You choose a tier (Bronze, Silver or Gold) and a billing interval (monthly or yearly), confirm these terms and that you have read the privacy policy, and click “Subscribe and pay”. That is a binding offer. The contract is formed when we receive the first payment via our payment provider Stripe and confirm the membership by email. That email contains your customer number.
§ 3 Tiers, prices and payment
All prices are final prices in euros including statutory VAT.
- Bronze: 9,90 € per month or 108,90 € per year (equals eleven monthly fees).
- Silver: 24,90 € per month or 273,90 € per year (equals eleven monthly fees).
- Gold: 49,90 € per month or 548,90 € per year (equals eleven monthly fees).
On the monthly plan the fee is due monthly in advance, on the yearly plan the yearly fee yearly in advance. Payment is via Stripe with the methods offered there (for example credit card, SEPA direct debit, Apple Pay, Google Pay). Cash is not accepted. If a payment fails we inform you by email; until it is settled we may suspend perks.
§ 4 Term, renewal and cancellation
Initial term. The monthly plan has an initial term of six months, the yearly plan of twelve months, each from formation of the contract. During the initial term you can cancel at any time; cancellation takes effect at the end of the initial term.
Renewal. If you do not cancel by the end of the initial term, the membership continues indefinitely. The billing interval stays the same: the monthly plan is still billed monthly, the yearly plan still yearly in advance. We remind you by email about 30 days before the end of the initial term and before each yearly charge.
Cancellation after the initial term. After the initial term you can cancel at any time. On the monthly plan membership ends at the end of the current billing month. On the yearly plan it ends at the end of the current contract month; we refund already paid fees for unused full months pro rata (yearly fee divided by twelve per month) within 14 days after the contract ends, to the original payment method.
How to cancel. You cancel via the cancellation button at smokeatthewater.de/en/kuendigen, in your account on the website, or by email to info@smokeatthewater.de. You receive a confirmation without delay with the date received and the date the membership ends. You can withdraw a cancellation in your account until it takes effect.
Extraordinary cancellation. Both sides keep the right to cancel for good cause.
§ 5 Membership perks
Perks follow the booked tier and apply during an active, paid membership. They are personal and not transferable.
- Discount. Bronze: 5% off drinks. Silver: 5% off the whole menu. Gold: 10% off the whole menu. The discount never applies to alcoholic drinks and not to beach-rental services. It is given on site when you show the membership card in the app (customer number and QR code) and cannot be combined with other offers.
- Birthday. In your birth month you once get food and a non-alcoholic drink for 2 people (Bronze) or 4 people (Silver, Gold) free, in total up to €30 (Bronze) or €60 (Silver, Gold). A date of birth must be stored in your profile. The perk can only be redeemed in the birth month and then expires.
- SUP board. Bronze: once a month two hours free. Silver: once a month a full day free. Gold: twice a month a full day free. “Full day” means within current opening hours. The perk applies only if a board is free; a reservation is not part of membership. The rental terms including safety notes apply. Unused SUP perks expire at month end.
- Voucher. Silver: €5 a month, Gold: €10 a month on the whole menu excluding alcohol. The voucher cannot be paid out, is not transferable and expires at month end if unused.
- Priority. Silver and Gold members are served first when ordering on site, as far as operations allow. There is no claim to a particular wait time.
Perks are ticked off on site by our staff in the app. Each perk can be redeemed only once.
Season. We operate seasonally: daily from March to October, from November to February on weekends, holidays and in good weather. You can only redeem perks on opening days. Fees run year-round; that is reflected in the fee levels and you know it when you sign up. Monthly perks that could not be redeemed in a fully closed month expire without replacement; voucher amounts (§ 5, “Voucher”) from fully closed months are credited in the next open month.
§ 6 Customer number, check-in, points and leaderboard
With the first payment you receive a sequential four-digit customer number (for example 0042). It identifies you on site and on the leaderboard. The leaderboard shows only the customer number, no names.
Check-in. A QR code hangs at the stand. If you scan it with the app, a check-in is stored for the calendar day (Europe/Berlin), at most one per day. A check-in is one point. For orders our staff assign to your customer number you get one point per started €10 of order value.
Leaderboards. The monthly leaderboard counts points in the current calendar month, the all-time ranking all points since the start. On a tie the member whose membership started earlier ranks higher. At month end 1st place gets a meal of their choice plus a non-alcoholic drink, 2nd a meal of their choice, 3rd a non-alcoholic drink. Prizes appear as a voucher in the app and can be redeemed until the end of the following month. The all-time ranking has no physical prizes. We may change prizes for future months; current months stay as they are.
Streak. The app shows consecutive check-in days. Streak milestones are badges with no cash value.
§ 7 Misuse and exclusion
Not allowed in particular: check-ins without being on site (for example photographed or shared QR codes), passing on the membership card, obtaining points or perks by deception, and several memberships for one person to get around limits. On breaches we may cancel points, perks and prizes and terminate the membership without notice. Fees already paid are only refunded in that case to the extent we have suffered no loss.
§ 8 App and availability
You use membership card, perks, check-in and leaderboard in the free “Smoke at the Water” app (iOS). Sign-in uses the email address from checkout and a one-time code. Without the app you can still use perks on site with your customer number and ID. We aim for constant availability of the app and website but do not guarantee it; short interruptions for maintenance are possible.
§ 9 Changes to these terms and to prices
We may change these terms if there is an objective reason (for example legal changes, changes to the offer) and the change does not unreasonably disadvantage you. We inform you of changes at least six weeks before they take effect, by email. If you do not object within that period the change is deemed accepted; we point that out in the email. On price increases you may cancel extraordinarily as of the date they take effect.
§ 10 Liability
We are fully liable for intent and gross negligence and for injury to life, body or health. For other damage we are liable in cases of slight negligence only for breach of an essential contractual duty and limited to the typical, foreseeable damage. Liability under the Product Liability Act is unaffected.
§ 11 Privacy
Which data we process for membership, app, check-in and leaderboard is in our privacy policy.
§ 12 Withdrawal information
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day the contract is formed.
To exercise your right of withdrawal you must inform us (Smoke at the Water, owner Benn Neujahr, Am Strand 5a, 19063 Schwerin, email info@smokeatthewater.de, phone 0172 5354796) by a clear statement (for example a letter sent by post or an email) of your decision to withdraw from this contract. You may use the model withdrawal form below, but it is not obligatory.
To meet the withdrawal deadline it is sufficient to send the notice of exercising the right of withdrawal before the period expires.
Effects of withdrawal
If you withdraw from this contract we will repay all payments we have received from you without delay and at the latest within fourteen days from the day we receive notice of your withdrawal. For this repayment we use the same payment method you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged fees for this repayment.
If you asked for the services to begin during the withdrawal period, you must pay us a reasonable amount corresponding to the share of the services already provided up to the time you inform us of the withdrawal, compared with the full services provided for in the contract. Perks already redeemed (for example vouchers, birthday meal, SUP use) are counted at their regular price.
Model withdrawal form
If you want to withdraw from the contract, please complete this form and send it back.
To Smoke at the Water, owner Benn Neujahr, Am Strand 5a, 19063 Schwerin, email info@smokeatthewater.de:
I/We (*) hereby withdraw from the contract I/we (*) concluded for the following service: Smoke at the Water membership, tier ______, customer number ______
Ordered on (*)/received on (*): ______
Name of consumer(s): ______
Address of consumer(s): ______
Signature of consumer(s) (only if this form is notified on paper)
Date: ______
(*) Delete as appropriate.
§ 13 Dispute resolution
The European Commission provides a platform for online dispute resolution: ec.europa.eu/consumers/odr. We are neither willing nor obliged to take part in dispute-resolution proceedings before a consumer arbitration board.
§ 14 Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods; mandatory consumer-protection rules of your country of residence remain unaffected. If individual provisions are invalid, the rest of the contract stays in force. The contract language is German.
As of: 12 September 2026