General Terms and Conditionsof the FreshSurf Cotillo S.L.
GENERAL TERMS AND CONDITIONS FOR TRAVEL CONTRACTS, ACCOMMODATION CONTRACTS AND SERVICE CONTRACTS
In addition to the legal provisions, the following general terms and conditions are agreed between you as a traveller and FreshSurf Cotillo S. L. (hereinafter FreshSurf). FreshSurf Cotillo S.L. is registered in Spain as a surf school and under this name as “Intermediador turístico”, in addition to surf courses, provides other services such as accommodation in apartments, hostels, hotels or surf houses.
1. REGISTRATION, CONCLUSION OF THE CONTRACT
1.1 By registering, you make a binding offer to FreshSurf to conclude a travel contract, accommodation contract or service contract based on the service descriptions and prices stated in our media. The registration should be made in writing using the form provided for this purpose. The contract with you is only concluded with our written booking confirmation. With his booking, the travel participant commits himself to making a down payment for the services to be provided by FreshSurf Cotillo S.L. The amount of the deposit depends on the advance payments to be made to cooperation partners and can vary from case to case.
1.2 The booking is also made by the registering party for all other co-travellers, for whose contractual obligations he is responsible as for his own obligations, provided that he has accepted this by means of an express and separate declaration to FreshSurf.
1.3 If our booking confirmation differs from the content of your registration, this is a new offer to you, to which FreshSurf shall be bound for a maximum of 7 days from receipt of the confirmation and which you can accept within this period by making an express or conclusive declaration (e.g. payment of the deposit).
2.1 After receipt of the booking confirmation, a deposit in the amount specified by FreshSurf must be paid. The amount of the deposit depends on the advance payments to be made to cooperation partners and may vary from case to case.
2.2 Advance payments shall be made by bank transfer or Paypal payment. The corresponding amounts result from the booking confirmation. The down payment is due within one week after booking. The remaining payment can be made in advance by bank transfer or Paypal payment or can be paid in cash on site. In case of a short-term apartment booking (less than six weeks before the start of the trip), the payment for the apartment must be made in full in advance by bank transfer or PayPal.
2.3 The booking confirmation is considered to be an invoice if payment is made by bank transfer. In this case, you are responsible for meeting the above-mentioned payment deadlines yourself.
2.4 The travel documents and/or specifying information will be sent to you with the booking confirmation and/or information regarding the airport transfer approx. 2-3 days before the start of the journey. If these are incomplete or not received in time, you should contact us immediately for clarification.
2.5 If due payments are not made or not made in full and you do not pay even after a reminder with a grace period, FreshSurf can withdraw from the travel contract, unless there is a significant travel shortage at that time. In the event of withdrawal, FreshSurf can demand cancellation fees as compensation in accordance with section 6.2. You reserve the right to provide evidence of costs not incurred or lower costs.
3.1 The services of FreshSurf result from the service description of the travel program and its general information as well as the information referring to this in the booking confirmation.
3.2 FreshSurf shall provide third-party services for the travel services of third parties merely brokered as part of the journey, insofar as this is expressly referred to in the travel description and the booking confirmation. FreshSurf is therefore not liable for the performance of these external services itself, but only for the proper mediation of this service. In such cases, any liability for these external services is governed by the conditions of the brokered company, which FreshSurf will be happy to provide you with on request.
4. HIGHER POWER
If the journey is considerably impeded, endangered or impaired as a result of force majeure not foreseeable at the time of conclusion of the contract, both FreshSurf and you may cancel the contract. The legal consequences result from the law. FreshSurf can therefore demand appropriate compensation for travel services provided or to be provided. FreshSurf is obliged to take the necessary measures as a result of the cancellation of the contract. 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.
5. TRAVEL CANCELLATION, CHANGES IN SERVICES AND PRICES
5.1 FreshSurf reserves the right to withdraw from the contract up to the 21st day before the start of the journey if the minimum number of participants specified in the invitation to tender is not reached. Amounts paid will be refunded immediately (see section 2.2).
5.2 FreshSurf is entitled to change the agreed content of the contract for legally permissible reasons. Changes or deviations of individual services from the agreed content of the contract, which are necessary after conclusion of the contract and which are not caused by us, are permitted, provided that these changes or deviations are not significant and do not affect the overall design of the booked trip or service.
5.3 FreshSurf undertakes to inform you of a permissible travel cancellation due to failure to reach the minimum number of participants or due to force majeure as well as of any significant change to an essential travel service immediately after becoming aware of this.
6. WITHDRAWAL, REBOOKING AND APPOINTMENT OF A SUBSTITUTE PERSON
6.1 You can withdraw from the trip or from the service (e.g. surfing course, yoga course, etc.) at any time before the start of the trip or before the specified date of the service claim. This is possible without formality. FreshSurf recommends that you declare the withdrawal in writing.
6.2 In the event of withdrawal, FreshSurf shall charge a flat-rate compensation, which is calculated according to the following percentages per person of the total travel price or the partial service
- up to the 31st day before arrival: 20% (flat-rate booking fee – is due in any case)
- until 22nd day before arrival: 25%.
- up to 15th day before arrival: 50%.
- until 08th day before arrival: 75%.
- from 07. day before arrival: 90%
- after the start of the journey 100%.
You have the right to prove to us that no damage was caused or that the damage is significantly lower than the flat rate.
6. WITHDRAWAL, REBOOKING AND APPOINTMENT OF A SUBSTITUTE PERSON
Corona additional regulation for bookings made from the period 01.07.2020 to 31.12.2020
Due to the current situation caused by Corona, we have relaxed our cancellation conditions. Up to 48 hours before the planned arrival you can still change your booking free of charge. If the date of the rebooking takes place this year, no rebooking fees will be charged. If the booking for the coming year is changed, a 20% booking fee will be charged. For cancellations of trips our cancellation conditions apply.
6.3 Rebooking: If, at your request, changes are made after the booking of the journey or a service with regard to the date, the destination, the place of commencement of the service or journey, the accommodation or the mode of transport, we will generally incur the same costs as if you had cancelled the travel contract. FreshSurf will therefore charge you the costs in the same amount as they would have been for a cancellation at the time of the rebooking, whereby you are also free to prove in this case that we have incurred no or less damage than the flat rate.
6.4 For other, minor changes FreshSurf only charges a processing fee of 25.00 €/booking.
6.5 Until the start of the tour or until the fixed date, you can demand that a substitute person takes over your rights and obligations from the contract. FreshSurf can object to the entry of the replacement person if he/she does not meet the special travel requirements or if his/her participation is contrary to statutory regulations or official orders. If the replacement person enters into the contract, he/she and you shall be jointly and severally liable to us for the travel price and the additional costs incurred by the entry of the replacement person. For this, FreshSurf shall charge a processing fee of 25 EUR per person.
6.6 In the event of cancellation of an apartment, FreshSurf shall retain the advance payment made to cover reservation costs and other expenses, the difference between the costs incurred and the advance payment shall be refunded within 7 days. Cancellation after departure will result in payment of the full apartment price. As different costs are incurred by cooperation partners, these can be found in the terms and conditions of the respective partners:
CANCELLATION CONDITIONS SOLERO APARTMENTS
- 60 DAYS BEFORE ARRIVAL FREE OF CHARGE
- 59 – 35 DAYS : 20
- 24 – 15 DAYS : 50
- < 15 DAYS : 100
CANCELLATION CONDITIONS DELUXE APARTMENTS – FARO VISTA – MARFOLIN by Simply Cotillo
If there are no general terms and conditions, the legal regulations apply.
7.1 FreshSurf recommends taking out additional travel insurance, but does not offer this option independently. Additional travel insurance policies are, for example, travel cancellation insurance, insurance to cover repatriation costs in the event of accident or illness, travel health insurance, travel accident insurance or luggage insurance.
7.2 During the surf course, the participants are covered by our insurance with Südwestring Versicherung with regard to personal injury, property damage and environmental damage. This insurance does not apply in case of negligence, gross negligence and improper behaviour of the participants.
8. LIABILITY OF FRESHSURF
8.1 Our liability for the agreed travel services is based on the statutory provisions of the travel contract law. Our liability for the agreed services is based on the relevant statutory provisions.
8.2 The contractual liability for damages, which are not bodily injuries, is limited to three times the travel price, provided that the damage was not caused intentionally or by gross negligence or is solely based on the fact that a service provider employed by us is solely responsible for the damage incurred. Legal regulations limiting or excluding liability, which are based on international conventions and on which a service provider employed by us can rely, also apply in our favour.
8.3 For claims for damages arising from tort culpably committed by us, which are not based on intent or gross negligence on our part and are not bodily injuries, a limitation of liability per person and trip of EUR 4,100 is agreed. If the tour price is above 1,367 EUR, this liability is limited to three times the tour price. 8.4 Excursions, guided tours, sports and special events, optional offers from local providers, etc., insofar as they are not expressly offered as separate services, do not fall within the scope of liability of FreshSurf.
9. CANCELLATION OF THE TRAVEL CONTRACT OR WITHDRAWAL FROM BOOKED SERVICES
Should a tour participant decide to end his/her stay early or withdraw from booked services due to circumstances for which FreshSurf is not responsible, in particular due to injury or for private reasons, the tour participant cannot derive any rights against FreshSurf from this termination. FreshSurf is not obliged to refund payments already made, but may insist on payment of the booked services in the opposite case (the cancellation conditions listed in 6.2 apply).
10. CHANGES IN THE COURSE OF THE EVENT / WEATHER-RELATED ALTERNATIVE PROGRAMME
Changes in the course of the event cannot be ruled out. Especially in case of weather-related dangers, the course program can be changed and an alternative program in the form of drysurfing, carver courses, etc. can be offered. A money return of the course price is excluded.
11. CONTRACTUAL OBLIGATIONS AND INFORMATION
10.1 If the tour is not provided in accordance with the contract, you only have the statutory warranty rights of redress by us, self-help, reduction of the tour price, termination of the contract and compensation, if it is not culpably omitted to notify us immediately of any defect occurring during the tour.
10.2 In the event of a travel deficiency, you can only remedy the deficiency yourself or, in the event of a significant deficiency, cancel the tour if you grant us a reasonable period of time to remedy the deficiency. There is no need for a remedy if it is impossible or has been refused by us or if immediate remedy or termination is required due to a special interest of the customer.
10.3 Our local office will accept a notification of defects. The written form is recommended in any case.
10.4 Warranty claims must be made to FreshSurf according to the law within one month after the contractually agreed end of the journey. After this period, you can only assert claims if there is no fault for the non-compliance with the deadline.
10.5 The statutory period of limitation is reduced to 12 months for claims from the travel contract according to §§ 651c to 651 f BGB. The statute of limitations begins on the day on which the tour should end according to the contract. Claims arising from tort are subject to a limitation period of three years.
12. PASSPORT, VISA AND HEALTH REGULATIONS
11.1 FreshSurf is responsible for informing nationals of the country in which the journey is offered about passport, visa and health regulations and any changes to these before the start of the journey. Nationals of other countries should enquire at the embassies/consulates responsible for them. Please also note the relevant information in the travel documents provided to you.
11.2 You are solely responsible for obtaining the necessary travel documents. You may want to take into account that the processing time may be several weeks. FreshSurf is not liable for the timely issue and receipt of necessary visas by the respective diplomatic/consular representation if you have commissioned it with the procurement, unless FreshSurf is responsible for the delay.
11.3 The traveller is responsible for complying with all entry regulations that are relevant for the execution of the journey. All disadvantages, in particular the payment of cancellation costs, which result from the non-compliance with these regulations, shall be borne by him. This does not apply in the event of culpable misinformation or failure to provide information by FreshSurf.
13. NOTES ON THE WEBSITE
The pictures shown on the website represent the conditions on site at a specific time and may have changed in the meantime. The photos of the apartments are to be seen as examples of possible apartments and there is no claim to apartments in exactly the same form as shown.
14. DATA PROTECTION
Right to one’s own image
The traveller agrees that he/she may be photographed during the trip at events and sporting activities and that these photographs may be used in the marketing of FreshSurf. This consent can be revoked in writing at any time. The travel participant agrees that the personal data collected (inventory data) may be used for market research and marketing purposes. With regard to the personal data collected, FreshSurf undertakes to comply with the provisions of data protection and media law, in particular the Federal Data Protection Act. In particular, the data shall be treated confidentially. The travel participant can revoke the consent in writing at any time.
15. COMMISSION REGULATIONS
Agencies or travel agents receive a commission for the mediation of FreshSurf’s services in the amount of the individual agreement. The entitlement to commission arises with the day of the start of the trip, billing and payment are made monthly or after invoicing by the agents. With the payment of the commission, all costs, expenses and claims arising in connection with the brokerage of FreshSurf products at the agency or travel agent are fully settled. The basis of calculation for the commission settlement is the turnover in the currency “Euro”. The travel price minus services, extra and additional services shall be commission. Cancellation costs received as well as additional and rebookings are fully taken into account when calculating the commission. A commission claim does not arise if the customer does not or only partially meet his payment obligations. The commission is calculated on the actual payment amount of the customer. If the booked trip cannot be carried out due to force majeure or because a fixed minimum number of participants has not been reached, the agency or travel agent is not entitled to commission. If the trip is only partially cancelled, the commission is granted on the proportionate travel price.
16. FINAL PROVISIONS
15.1 The invalidity of individual provisions of these General Terms and Conditions or of the travel contract that has come into existence shall not lead to the invalidity of all other provisions agreed between us.
15.2 Civil lawsuits against FreshSurf are – depending on the amount in dispute – to be filed at the company’s headquarters in Fuerteventura (Spain).
15.3 FreshSurf will immediately make the general terms and conditions of third-party organisers available to you in the event of a mediation service by us.
15.4 Place of performance and exclusive jurisdiction is the company’s registered office on Fuerteventura (Spain).
15.5 Responsible person unless otherwise stated: FreshSurf Cotillo S.L., Turistico Intermediador: I-0002805.2 Managing Director: Tobias Stark Cifra Identificación Fiscal: B-76033190