General Terms and Conditionsof the FreshSurf Cotillo S.L.
- Termination of tour agreement, advance payment
1.1 Registration must be made in writing by registration form or email. Participants under the age of 18 require the signature of a parent or their guardian.
1.2 Registration is binding for Participant upon receipt by FreshSurf Cotillo S.L. (FreshSurf); the written confirmation is binding for FreshSurf.
1.3 Upon receipt of the confirmation 60 of payment is due to secure the booking within 7 days. The remaining 40 % have to be paid on arrival.
1.4 If payment is not made within 7 days FreshSurf may send a reminder after which FreshSurf is entitled to cancel the contract and charge cancellation fees to the amount of fifty per cent of the payment due.
- Services and information on special services
2.1 The services listed on the print media or on FreshSurf’s Website are included in the tour price. FreshSurf is not responsible for the parental supervision of minors.
2.2 Additional agreements require explicit confirmation by FreshSurf. If deemed necessary FreshSurf reserves the right to make changes after confirmation without greatly affecting the whole spectrum of services.
2.3 Pick-up & Drop-off Service
FreshSurf offer a pick-up and drop-off service provided by a cooperation partner without obligation. Should FreshSurfs partner be unable to provide this service due to force major participants have no right of recourse or compensation. This includes any consequential costs such as taxi, booking changes etc. participant must, though, be informed about the cancellation of service immediately.
2.4 Cancellation of surfing lessons
Should FreshSurf not be able to hold surfing lessons due to an act of nature beyond its control or due to impossible surfing conditions FreshSurf decides whether the course will be compensated (in form of a voucher or repetition at a different time) or not. Participant has no right of recourse or compensation. This includes any consequential costs such as taxi, booking changes etc. Participant must, though, be informed about the cancellation of the surfing lessons immediately.
- Withdrawal from contract through Participant
3.1 Changes in booking or cancellation must be made in writing. In such case Participant is obliged to pay a cancellation fee. Cancellation fees are calculated according to the cost on the invoice as follows:
- Up to 31 days before date of departure: 20 % of the invoiced price (flat-rate booking fee of 20% applies to each booking!)
- Up to 22 days before date of departure: 45 % of the invoiced price
- Up to 15 days before date of departure: 50 % of the invoiced price
- Up to 08 days before date of departure: 75 % of the invoiced price
- From 07 days before date of departure: 90 % of the invoiced price
- After travel start: 100% of the invoiced price
3.2 The date of receipt of cancellation determines the calculation of the cancellation fee. Participant can provide a suitable substitute or rearrange booking before commencing the journey. In such case a fee of EUR 25,00 is due.
- Cancellation due to lack of attendance
In general there is a minimum level of attendance of 2 Participants for every course. This may vary according to the services offered which can be found in the respective brochure. FreshSurf reserves the right to cancel the contract at the latest one week before commencing the course if the minimum level of attendance has not been reached. Fees already paid will be reimbursed immediately.
- Termination of contract due to exceptional circumstances
In the event of a course not being executed due to an act of nature beyond control (such as epidemic, storm, catastrophe or war etc.) or any other unacceptable source of danger for Participant, FreshSurf reserves the right to cancel the contract immediately. Fees already paid will be reimbursed less costs encurred by FreshSurf. We include a flat-rate booking fee of 20% in every booking, which we also charge in the event of force majeure. As we have to prepare and set up our company for such cases and cover the running costs, we ask for your understanding that we cannot completely waive cancellation costs or a booking fee.
6.1 Continuous disturbance caused by Participant in which the group harmony is greatly disrupted or danger is caused to any person can lead to FreshSurf terminating the contract without consultation with parent/guardian. In such case Participant will be excluded from any further participation.
6.2 Further, possession of any kind of weapon or illegal drugs as well as consumption of illegal drugs is not tolerated. If Participant is not cooperative FreshSurf reserves the right to exclude Participant from all further activities and cancel the contract without consulting parent/guardian. Any consequential costs are borne by Participant. The FreshSurf staff is authorised to secure and destroy any weapons and illegal drugs. In this case Participant renounces his rights to possession of these items. The return journey is at the expense of Participant.
- Liabilities, retainer, period of limitation
7.1 If the journey is not provided as agreed, Participant only has right of implied warranty of remedy, reduction of payment, cancellation of contract and compensation if Participant himself reports insufficiencies or inconsistencies during the stay.
7.2 Participant can only resolve the insufficiencies or inconsistencies by himself or in the case of great insufficiency terminate the contract if FreshSurf has been given an adequate deadline to find a remedy in advance. A deadline is not required if a remedy is not at all possible or is declined by FreshSurf or if Participant demands an immediate resolution or cancellation due to special circumstances.
7.3 Any insufficiencies or inconsistencies will be noted by the local staff. Should the local staff not be within reach or if a manager is not included in the stay Participant may contact FreshSurf directly.
7.4 It is not sufficient to make a complaint to the local agent.
7.5 Any claims are to be made at the registered office of FreshSurf within one month after end of contract. It is not sufficient to make a claim at the local tourist office. After expiration of the deadline a claim can only be made if Participant was not to blame for the delay.
7.6 Claims can only be made by Participant himself. Assignment of the claim is not acceptable.
7.7 FreshSurf takes utmost care and responsibility that all travel preparations as well as choice of partners and staff together with all services rendered are up to standard and in accordance with the contract. Nevertheless FreshSurf cannot be held responsible for accidents, possible obstruction of traffic or any consequential costs caused herein.
7.8 The liability of FreshSurf concerning claim for non-physical damages is limited to triple the tour costs as long as the damage to Participant is not a result of negligence or premeditation.
7.9 Damages caused by Participant will be charged Participant to a maximum of EUR 200,00 per claim.
7.10 Participant’s entitlement to resolution, reduction, compensation (§§ 651 c to 651 f BGB – German Law Book) or any other contractual claims are limited to one year after end of contract. Any other compensation other than according to § 651 f BGB not referring to injury of life, body or health is limited to six months after coming to the attention of Participant.
- Tour management
During their stay Participants are in the care of trained staff or have a contact person on site whose instructions are to be followed at all times.
- Insurance and travel documents
We recommend that Participant take on insurances for baggage, travel cancellation and/or international medical care! Travel documents will be sent approx. 10 days before commencement of journey.
- Sporting permission
10.1 The signature on the Registration/Declaration of Consent confirms that Participant is able to attend sporting activities such as swimming, sports, hiking etc.
10.2 Any sporting activities take place at own risk. The FreshSurf office must be informed of possible restrictions or disagreement in writing. Mopeds or motorbikes may only be hired by minors with an explicit written permission by parent/guardian.
Catering is to be booked separately and begins on the day after arrival and ends in the morning of the day of departure. Drinks are not included in the price.
12. Special information, passports, visas and health
12.1 FreshSurf would like to point out that journeys to European countries require a valid ID-card or passport and a valid vaccination record or certificate of vaccination. Journeys to countries outside of Europe require a valid passport as well as valid vaccination documents. Non-observance can lead to refusal of entry into the country.
12.2. FreshSurf is generally not responsible for issue and receipt of any required visas. However we can be of assistance should Participant request in which case FreshSurf will only accept responsibility should a delay occur through FreshSurf. Participant is responsible for all correct travel documents. In case of difficulties he/she may be excluded from the tour. In such case no reimbursement will be made.
12.4 Change-over of guests may occur on the same day. This may lead to delays in availability of the accommodation for the new guests.
- Use of photographs / data / data privacy protection
13.1 Participant consents to FreshSurf taking photographs during the stay at events and sports activities and to use these for promotional purposes. Consent can be withdrawn in writing at any time.
13.2 Participant consents to FreshSurf using the collected personal data of Participant (base data) for marketing and marketing research purposes. FreshSurf pledges that the data collected from Participant will be stored according to the data protection and media law regulations. The data will be kept in confidence. Participant can withdraw consent in writing at any time. If Participant withdraws consent the personal data will not be used.
- Invalidity of singular terms
Invalidity of singular terms of the travel agreement or of the General Terms and Conditions does not imply the invalidity of the complete travel agreement.
- Place of jurisdiction
Any proceedings by Participant may only be made to the registered office of FreshSurf. Any legal action against Participant by FreshSurf will be taken to court at the place of residence of FreshSurf.
- Information on the Website
The photographs presented on FreshSurf’s Website illustrate prevailing conditions at that point in time. In the meantime conditions may have changed. Photographs of the accommodation are only exemplary and cannot be taken as guaranteed.