Booking terms and conditions
Surfescape SL , Spanish company (in the following “Surfescape”, “we” or “us”) provides surf, kite camps and lodging in destinations all over the world to individuals and businesses. These Terms and Conditions govern the contractual relationship between Surfescape and the Traveler when booking a camp at www.surfescape.com participating in an activity or buying any related products or services. Since these Terms and Conditions constitute an agreement between you and Surfescape it is important that you carefully read these Terms before booking your trip or buying related products or services. Please note that some Activities are sold but not carried out by Surfescape, different terms may apply to these Activities.
English: Surfescape offer products to clients all around the world. Our terms and conditions are written in English. If you have any problem understanding the content in this document, please contact us by phone: 00 34 676 230 223 or e-mail: firstname.lastname@example.org
2. THE BOOKING
2.1 By booking a Package Tour you acknowledge that you have read, understand and agree to be bound by these Terms.
2.2 When a booking has been submitted to Surfescape, Surfescape will send you a Booking Confirmation immediately after pressing the “confirm” button in the booking system. The booking is binding upon both parties only when such Booking Confirmation has been sent to you.
2.3 If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these Terms on behalf of the other participants in your party. By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your booking, notifying Surfescape if any changes or cancellations are required and keeping your party informed.
2.4 Anyone under the age of 18 on the date of first travel is considered to be a minor. All bookings made by a minor traveling without a parent or guardian require the written consent of a parent, guardian or any other person who is required by applicable law for any minor to travel.
2.5 A minor participating in the Package Tour “youth camp” must bring the original written consent in signed form and deliver it to the camp manager upon arrival. Surfescape has the right to reject a Traveler if he or she is without the necessary documents.
2.6 Anyone booking a booking under a 3rd party group organiser such as a university, school, company etc might have additional terms specified separately in the organisers contract and it is the organisers responsibility to inform the travelling party of these terms if they affect the traveller in any way or form.
2.7 Group guest list information will be shared with the group organiser, hereunder booking number, payment status and contact information.
2.8 Before invoicing a group organiser where group organiser take full responsibility for the total payment of the group, privacy statement as well as terms and conditions will be shared with the group organiser for pre-approval.
2.9 Any participant will by confirming a booking also confirm and accept our terms and conditions, data protection policy and package travel agreement visible in the last booking step of the order.
2.10 Group organiser takes on the responsibility of accepting these terms on behalf of their travel group.
3. OBLIGATIONS OF THE TRAVELER
3.1 The Traveler is responsible for having a complete and valid passport and other documents necessary for the fulfillment of the booking and, if circumstances so require, visa and required vaccinations.
3.2 Travelers are individually obliged to acquire travel insurance that covers medical treatment. The Activities that are offered through Surfescape includes a certain risk (even with the presence of instructors/guides), and it is the Traveler’s own responsibility to make sure their insurance covers injuries caused by the Activities Surfescape any affiliate or subcontractors to Surfescape offers at any given destination.
3.3 The Traveler is responsible for booking flights and / or other transport to the destination stated at the time of booking of the Package Tour. The Traveler shall, when booking a Package Tour, inform Surfescape of their nationality, including information about possession of Spanish or foreign passports, and possibly dual citizenship, in order for Surfescape to fulfill its obligation to inform about any passport and visa requirements. Surfescape obligation to provide information regarding passport and visa requirements, only apply in relation to EEA citizens.
3.4 The Traveler shall immediately after receiving the Booking Confirmation, go through the Booking Confirmation, tickets and other travel documents and make sure that the information is in accordance with the Agreement and that the name is spelled in the same way as it is in the passport.
3.5 The Traveler shall immediately inform Surfescape of any changes to the Travelers contact information, such as address, e-mail address, telephone number, errors in spelling or other information relevant to Surfescape’s opportunity to contact the Traveler.
3.6 The Traveler shall behave and not in any way impair the comfort and enjoyment of the other members of the booking or package tour. Surfescape reserves the right to withdraw any booking, service or Activity made and/or to decline or refuse any individual as a member of the Package Tour, if it appears, at Surfescape discretion, that such individual is likely to endanger the health or safety, or impair the comfort and enjoyment of the other members of the Package Tour.
4. PRICE AND PAYMENT
4.1 Information in brochures and catalogues (both analogue or digital) is included in the Agreement. The information is binding if we do not explicitly reserve the right to make changes in the catalog or brochure and the Traveler has received information about such changes prior to the conclusion of the Agreement.
4.2 The price must be stated in such a way that the total price per Package Tour is clearly stated. The price should include all services included in the Agreement as well as mandatory taxes, charges and fees national and/or foreign authorities may charge for the services provided.
4.3 Payment for web clients can be made against credit/debit cards and can be divided into 2 payments; consisting of a deposit of 25 % and the remaining amount, 75 %. The remaining 75 % has to be paid in full by credit card 7 days prior to arrival at the latest to avoid cancellation of booking and loss of deposit.
Surfescape will send out a payment reminder for this one week prior to payment due date to the travellers given email. The traveller has at all times access to their invoice / payment status and payment method via their guest log in given at time of booking.
4.4 Companies and large group bookings will also have the option to pay against invoice. When booking a Package Tour a deposit of 25 % of the total price is to be paid immediately. The remaining 75 % of the value is set to be paid within 7 days days prior to the arrival date with credit card. When payment is made against invoice, which is offered only for agents, and group travels, the Traveler will receive one invoice, with two different payment dates; one for the deposit of 25%, and the other payment date is for the remaining 75% of the booking value.
4.5 Please note that if the Package Tour is purchased less than 7 days prior to arrival, full payment is due at the time of booking. A credit card payment will be the mandatory way of paying the full price. The booking is a preliminary reservation until payment is received, and can be subjected to cancellation.
4.6 Special arrangements are included in the Agreement only if these are sold or marketed together with the main arrangement for a common price or for separate prices linked to each other.
4.7 At the Traveler’s request, additional special services are included in the Agreement only if expressly confirmed by us. Such confirmation must be made in writing. Costs or discounts linked to the additional services or specifications shall be clearly stated in the price schedule.
4.8 If the payment is delayed, a reminder with additional fee and new date of payment will be issued. By furthermore delays of payment, the case will be transmitted to a debt collector. Be aware that the booking is an obligatory agreement of purchase, and that you are obliged to pay unless you commence a written cancellation in accordance of the terms within section.
4.9 If the terms of payment listed above are not withheld, Surfescape have the right to regard the booking as annulled, and can prospectively sell the booking to someone else.
5. OPEN PURCHASE POLICY
5.1 Surfescape offers full refund policy on this purchase when purchased more than 7 days prior to the arrival date of the Package Tour. You will get the full amount refunded if you wish to use this open purchase policy. The policy is only valid by sending us a written cancellation with the order number included within the time limit stated above. 5.2 Send a written refund request to email@example.com and we will refund you the purchase within 14 days from the cancellation date.
5.3. The cost of the cancellation fee will not be refunded under any circumstances within 7 days of booking. 5.4 Surfescape offers a 14 day full refund policy on gift cards/travel vouchers. After the 14th day, gift cards/travel vouchers will not be refunded.
6. PRICE CHANGES
6.1 If cost increases occur for us after the Agreement becomes binding, we may raise the price for the Package Tour with an amount corresponding to the cost increases if these are due to:
6.1.1 changes in transport costs, including fuel prices;
6.1.2 changes in taxes, fees and duties or fees for certain services, such as airport, port, landing and start-up fees or
6.1.3 changes in exchange rates used in calculating the price of the Package Travel.
6.2 If a cost increase occurs due to any of the changes in
6.1 I-III above, the price may be increased by an amount corresponding to Surfescape share of the cost increase incurred when fulfilling the Agreement. For example, if a fee according to 6.1 above increases by 10€ for each Travel, the price may be increased by the same amount. 6.3 The right to increase the price as stated above is only available if the cost increase exceeds 10€.
6.4 The price may not be increased during the last 20 days prior to the agreed date of departure. We undertake to inform Travelers about price changes as soon as possible. 6.5 The price for a Package Tour should correspondingly be reduced if our costs decrease earlier than 20 days prior to the agreed departure date, for the same reasons as stated above in section 6.1. In case of cost reduction, the price should be reduced only if the cost reduction exceeds 10€.
7. TRANSFER OF PACKAGE TOUR
7.1 The Traveler has the right to transfer the Package Tour to another person, if this person complies with these Terms and the Agreement and fulfils the conditions of participation in the Package Tour, for a fee of 25€. The prerequisite is that Surfescape is notified within a reasonable time before departure. The right to transfer the Package Tour may be limited, in whole or in part, by us if a transfer is not possible due to conditions imposed by subcontractors. Restrictions on the right to transfer a Package Tour shall always be clearly stated in the Agreement.
7.2 The Traveler and the person to whom the Package Tour is transferred are jointly and severally liable for the amount remaining to be paid for the Package Tour and for all additional costs resulting from the transfer. In addition, we are entitled to reasonable compensation for the extra work and additional costs we incur as a result of the transfer.
8. CHANGES REQUESTED BY THE TRAVELER BEFORE DEPARTURE
8.1 For changes made after the Agreement has become binding upon the parties, Surfescape has, in addition to the reimbursement for the actual costs resulting from the changes, the right to charge an administrative fee.
The Traveler’s changes in this section 8.1 refers to changes made to the date of the Package Tour, the destination or the Travelers participating in the Package Tour etc. 8.2 Change of dates cannot be made less than 30 days prior to the arrival date. Downgrading the package from full package to bed and breakfast package can be done as long as its 7 days or more to arrival day. Each separate week in a package starts on the camp arrival day. To downgrade separate weeks in a long duration pack (more than 1 week) the downgrade has to be requested at least 7 days or more before the week in question starts. Adding services can be made up until 3 days prior to arrival. Change fee of 25 eur will be added to the invoice.
8.3 Surfescape will do their best to change the date of a booking if this is a request from the Traveler. However, be aware that this has to be done at the latest 30 days prior of the departure, as well as that such change is dependent of the availability on the desired dates. Change of date will entail an administration fee of 25€ per person in the booking.
8.4 Change of date will potentially result in added costs according to price adjustments alongside seasonal circumstances at the destination. Surfescape is required to inform the Traveler of a prospective rise of Package Tour costs by requests from Travelers to change the dates of a Package Tour.
8.5 The person responsible for the booking and payment, can request to change the name of the traveller in their booking, but only if the package already has been paid in full. Surfescape accepts name change, but will not accept responsibility for payment from the person taking over the booking. This is considered an interaction between the original traveller and the new traveller.
9. CHANGES/CANCELLATIONS MADE BY SURFESCAPE BEFORE DEPARTURE
9.1 Surfescape may change the terms of the Agreement after the Agreement has been concluded. If the Package Tour or booking has to be cancelled or if it cannot be carried out as agreed, the Traveler will be informed as soon as possible.
9.2 If the change results in a reduction of the value of the Package Tour, the Traveler is entitled to a price reduction. However, this does not apply to any changes or deviations that may be considered to be of minor importance to the Traveler.
9.3 If we can not fulfill what we have committed to under the Agreement and this constitutes a significant breach of contract for the Traveler, the Traveler may: cancel the Agreement and recover all the amount paid by the Traveler who made the booking under the Agreement; or participate in another Package Tour/ booking, if we can offer this.
9.4 In so far as the Traveler wishes to terminate the Agreement for the reasons stated in this section 9, Surfescape shall be informed within a reasonable period of time. If this is not done, you will lose the right to terminate the Agreement.
9.5 If the replacement Package Tour is less than the original Package Tour, we will refund the price difference to the Traveler.
10. CHANGES MADE BY SURFESCAPE AFTER DEPARTURE
10.1 Due to later events, we may not be able to provide parts of the agreed services after departure. For certain Package Tours, it may for example be difficult to predict the precise outcome because of their special nature. Changed natural conditions, road change, political events, etc. may cause us to make changes to the travel plan. In such cases, if possible, we will offer the Traveler compensational Package Tour. If the change causes a degradation for the Traveler, this may be entitled to damages and / or deductions.
10.2 If Surfescape finds it necessary, an already started Package Tour can be cancelled or changed. By such cancellations, the Traveler has the right to demand the refund of an amount equivalent to the amount of days the Traveler has not made use of. When changing the Package Tour, the Traveler will be informed of what refund regulations that will abide at the specific destination, and the possibility to make the choice whether they want to cancel the Package Tour, or accept the changes that will be made.
10.3 If changes to the agreed services under 10.1 or 10.2 are due to circumstances beyond our control which we could not reasonably have expected to count on when the Agreement was concluded and whose consequences we could not reasonably have avoided or overcome, the Traveler is not entitled to damages. If changes are due to subcontractors we have hired, we are free of liability only if it is due to a circumstance beyond the subcontractor’s control.
11. THE TRAVELER’S RIGHT TO CANCEL THE PACKAGE TOUR
11.1 The Traveler’s cancellation of the Package Tour / booking must be done in writing, either by mail or e-mail to the addresses listed in section 19 in these Terms. Send us a written cancellation with the number of your Booking Confirmation and your account
number included, and we will refund the amount within 2 weeks from the cancellation date.
11.2 The date of which Surfescape receive the cancellation will be crucial for the amount of the refund / the Traveler’s payment responsibilities. Cancellation in days before departure: Percentage of total refund: 11.4 Cancellation terms without insurance
11.3 Under 7 days to arrival: 0% (you will be charged 100 % of the total amount)
Prior to 7 days before arrival 100% reimbursed.
7 11.5 There will be no refund if the Traveler chooses to cancel a Package Tour / services / booking after it has commenced, unless the cancellation is in accordance with section 12.
12. SURFESCAPE’S RIGHT TO CANCEL THE PACKAGE TOUR
12.1 In accordance with paragraph 9 in this agreement, Surfescape has the right to cancel the booking and retain the deposit if payment has not been made in full within 7 days of arrival. It’s important to place payment by credit card in order to assure that payment is registered in Surfescape system on the payment due date (7 days prior to arrival).
12.2 If you have been offered an invoice payment it’s important that you place payment at the very latest 1 week PRIOR to payment due date, to ensure that payment is registered on your booking at the time of the payment due date. A delay of 1 week when paying via bank transfer is considered normal procedure and therefore a payment a week prior to due date is necessary when paying with bank transfer.
13. FORCE MAJEURE
13.1 Surfescape, as well as the Traveler, has the right to withdraw from the Agreement, after the Agreement has become binding upon the Parties, if a natural disaster, war, mobilization or military call-up of larger scale, requisition, seizure, authority regulations, contagious diseases and riots or other events that significantly influences the performance of a Package Tour or the conditions of the travel destination at the time when the Package Tour is to be carried out. If the Traveler or Surfescape waive the Agreement under this provision, the Traveler is entitled to a refund of what he / she has paid under the Agreement.
If Surfescape waive the Agreement under this provision, the Traveler is not entitled to damages or any other penalties.
13.2 The assessment of whether an event is considered to be such an event as specified in 13.1 shall be made taking into account official statements from Spanish and other international authorities. A statement issued by the Ministry of Foreign Affairs refraining from travel to the current travel destination shall be regarded as such an event.
13.3 The Traveler is not entitled to withdraw from the Agreement in accordance with clause 13.1 if, at the conclusion of the Agreement, he / she knew that such an incident occurred as referred to in this section 12 or if the event was generally known.
13.4 The cancellation by force majeure is not valid if the hotel at the destination does not have to close due to the force majeure, e.g. if there is a volcano eruption causing a cloud of ashes that will lead to flight cancellations. Surfescape does not offer or sell flights, and is therefore not obliged to refund their packages if there is a flight cancellation that leads to the customer being hindered from arriving in time.
14. REFUNDS, COMPLAINTS, CLAIMS AND ERROR CORRECTION
14.1 In the event of a defect in the agreed services, the Traveler shall immediately, after having noticed or should have noticed the defect, give Surfescape or to the subcontractor to which the fault relates a complaint, so that we or the subcontractor are given the opportunity to correct the defect. Complaints should be made on the journey if possible. If it has been possible to make the complaint before returning home, but this has not happened, the Travellers right to complain has been lost.
14.2 The Traveler shall, as far as possible, ensure that the complaint is documented in writing by us or our subcontractor at the destination. The Traveler may not invoke a defect if a complaint has not been made in accordance with the section 14.1 above. 14.3 Claims for damages or deductions shall be made to Surfescape immediately after the end of Package Tour and within 7 days of check out date to firstname.lastname@example.org
14.4 If a claim is made due to defects in the Package Tour later than two months from the date on which the Traveler noticed or should have noticed the defect, the Traveler is deemed to have lost the right to invoke the defect.
14.5 If we offer to correct the error, the Traveler may not demand a deduction or cancel the Agreement, provided that the correction is made within a reasonable time and at no additional cost or material disadvantage to the Traveler.
14.6 The Traveler should always limit his / her injury to the furthest extent possible.
15. PARTICIPATION IN ACTIVITIES
15.1 Please note that sometimes Surfescape only acts as an intermediary and does not organize or perform the Activity at the destination. Activities may be organized and performed by an affiliate or subcontractor to Surfescape.
15.2 If the Activity is not organized by Surfescape , Surfescape is not responsible for the performance of the Activity. Different terms, regulations or laws may apply to an Activity not performed by Surfescape and the relationship between the Traveler and the party responsible for the Activity.
15.3 If the Activity is not performed by Surfescape, the Traveler shall be informed who the responsible party is. If the Traveler has questions, requests or complaints regarding the performance of the Activity the party responsible for the Activity should be contacted directly.
15.4 Travelers participate in all Activities on their own risk and are responsible for assessing whether a Package Tour and/or Activity is suitable for them or not. Travelers should consult a physician to confirm their fitness for travel and participation in any planned Activities.
15.5 Surfescape does not provide medical advice. It is the Travelers responsibility to assess the risks and requirements of each aspect of the Package Tour and Activity based on their unique circumstances, limitations, fitness level and medical requirements.
15.6 In order to participate in an Activity, you must upon request provide any medical information reasonably requested by Surfescape and may be required to complete Surfescape Travel’s medical information form available at the time of booking or at the destination of the Package Tour.
15.7 Medical forms are mandatory for certain Package Tours.
15.8 Surfescape reserves the right to deny the Traveler permission to travel or participate in any aspect of a Package Tour or Activity at any time and at the Traveler’s own risk and expense where Surfescape determines that the Traveler’s physical or mental condition renders the Traveler unfit for travel or represent a danger to he or herself or others.
15.9 Please note that affiliates and subcontractors organizing Activities also may require the Traveler to complete a medical information form before participating in the Activity. 15.10 Surfescape are not responsible for wind, wave, snow and weather conditions during your stay, and will have the right to cancel surf/snow/skiing lessons, guided tours, if wind, surf, snow and weather conditions make it impossible or unsafe to run lessons as planned. Instructors and guides working for Surfescape will have the full right to take decisions about whether the conditions are appropriate or not for lessons, and will also do their best to give the missing lesson(s) back at another time during your stay. Surfescape will have the full right to take decisions about whether the conditions are appropriate or not for lessons, gear and rentals. Travelers cannot claim a refund because of snow or any other weather conditions hindering Surfescape in giving safe activity lessons.
16. LIMITATION OF LIABILITY
16.1 Without limiting any other provision of these Terms, to the fullest extent permitted by law, Surfescape shall not be responsible or assume any liability to any Traveler for: (a) any injury, damage, loss or delay affecting any person or property not arising from Surfescape own negligence or breach;
(b) any loss, damage, cost, expense or delay suffered or incurred due to circumstances beyond our reasonable control, including but not limited to:
16.1.1 actions or omissions of third parties (including any applicable third party service providers);
16.1.2 a force majeure events;
16.1.3 a failure by the Traveler to comply with any of his or her obligations hereunder; 16.1.4 a failure by the Traveler to possess, obtain or maintain any travel documentation required for the Package Tour (e.g. health certificates, visas, valid passports, etc.); 16.1.5 a failure by the Traveler to follow reasonable instructions, including but not limited to noting and complying with specified check-in and check-out and/or meeting places and times.
16.2 To the fullest extent permitted by law, our maximum liability to any Traveler for any loss, damage, cost and/or expense shall in no event exceed the amount of the Package Tour fare paid to and received by us in respect of such Traveler.
18.1 Surfescape reserves the right to update or alter these Terms at any time, and will post the amended Terms on the Website. Any amendment will take effect 10 days after being posted to the Website. An up to date copy of these Terms, as amended, may be accessed at any time on the Website and will be sent to you upon written request to Surfescape. You are deemed to have accepted any amendments to these Terms on the date that is 10 days after their posting on the Website.
19.1 If any provision, or part thereof, in the Agreement would be or become invalid, this shall not render the entire Agreement invalid. Instead, and to the extent the invalidity substantially affects a Party’s payoff or performance according to the Agreement, reasonable adjustment shall be made.
19. SURFESCAPE ‘S CODE OF CONDUCT
Our aim at Surfescape is to provide good times for our guests but to everyone working for us. Any breach of these codes done by staff members or guests can be reported via mail : email@example.com
1. Respect in the camp ● Respect other guests and staff, including local staff ● The camp language at Surfescape is English to ensure that everyone feels included.
2. Safe environment free of discrimination and harassment ● Surfescape is committed to providing a safe environment for all its guests and employees, free from discrimination on any ground and any form of harassment at the camps. ● Surfescape will operate a zero tolerance policy for any form of harassment at the camps, treat all incidents seriously and promptly investigate all allegations of harassment. Any person found to have harassed another will face disciplinary action, up to and including dismissal from the camp. All complaints of harassment will be taken seriously and treated with respect and in confidence. No one will be victimised for making such a complaint.
3. Drugs and alcohol ● Substance abuse is prohibited. Consumption of alcohol is not banned, but use good judgement and never drink in a way that leads to impaired performance or inappropriate behaviour, endangers the safety of others or violates the law. ● Illegal drugs are strictly prohibited at any time.
4. Protection of Camp Property ● All guests and staff should treat our camps’ property and equipment with respect and care.
5. Communication ● Communication between guests/staff should always be in a respectful manner, regardless of gender, origin, position and sexual orientation.
6. Internet usage: ● It is prohibited to use our internet connection to: ○ Download or upload obscene, offensive or illegal material. ○ Send confidential information to unauthorized recipients. ○ Invade another person’s privacy and gain access to sensitive information. ○ Download or upload pirated movies, music, material or software. ○ Visit potentially dangerous websites that can compromise our network and computers safety. ○ Perform unauthorized or illegal actions, like hacking, fraud or buying/selling illegal goods.
20. CONTACT INFORMATION
21.1 If you have any questions regarding these Terms, your Booking Confirmation, changes to the Package Tour, refunds, general questions or other, please send us a message to firstname.lastname@example.org or send us a letter using the address Surfescape SL Calle Cangrejo 14 Las Palmas, Spain. You can also reach us by calling 0034 676 230 223
21. GOVERNING LAW AND DISPUTE RESOLUTION
21.1 This Agreement shall be construed in accordance with, and governed by the laws of Spain.
21.2 All disputes in relation to this Agreement shall be settled by public courts in Spain.
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