These Terms and general conditions (hereafter "Terms") provide important information regarding the operation of our services, your legal rights, remedies, requirements, limitations and restrictions, a clause that governs the jurisdiction and the venue of disputes, and the obligations to comply with applicable laws and regulations. The services included all the services of the "Surf Academy" (hereafter the services of the “Surf Academy"), the Surf Camp of Fuerteventura (hereafter the services of the “Surf Camp") and the offer of surf camp packages in others locations in collabotations with the partners (hereafter the services of the “Partners Surf Camp").
Surfintrip provides a platform of booking online that allows the reservations in an easy and fast way even all the services (hereafter "Service" or "Services"). The service is accessible on www.surfintrip.com (hereafter the "Website"), and any other Website through which Surfintrip makes the Services available. By using the Website, you agree to comply with and be legally bound by the terms and conditions of these Terms, whether or not you become a registered user of the Services. These Terms constitute a binding legal agreement between you and Surfintrip. If you do not agree with these Terms, you have no right to obtain information from or otherwise continue to using the Site or the Services. Failure to use the Website in accordance with these Terms may subject you to civil and criminal penalties.
If you are using the Website or the Services, you are contracting with Surfintrip SCP with legal head office in Calle Cangrejo n. 16, Corralejo, 35660 Oliva (LA) - Palmas (LA), NIF (VAT) n. J76214683.
Certain areas of the Website, as well as access or use by you of certain aspects of the Service, may have different terms and conditions, or may require you to agree to and accept additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Website and the Services, the latter terms and conditions will take precedence with respect to you use or access to that area of the Website and the Services.
You acknowledge and agree that by accessing or using the Website or Services, you are indicating that you have read, and that you understand and agree to be bound by these terms, whether or not you have registered on the Website. If you do not agree to these terms,then you have no right to access or use the Website, Services or content.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
Surfintrip reserves the right, in its sole discretion, to modify the Website or Services, or to modify these Terms, including the Service fees, at any time without prior notice. If we modify these Terms, we will post the modification on the Website, or we will provide you notice of the modification. We Will also update the "last updated date" at the top of these Terms. By continuing to access or use the Website or the Services after we have posted a modification on the Website or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website and the Services.
The Website and the Services are intended only for persons who are 18 or older. Any access or use of the Website or the Services by anyone under 18 is expressly prohibited. By accessing or using the Website or Services, you represent and warrant that you are 18 or older.
The lack of enforcement by Surfintrip any right or provision of these Terms shall not constitute a waiver of such right or provision future. The waiver of such right or provision shall be effective only if prepared in writing and signed by a duly authorized representative of Surfintrip.
2. The "Surf Academy" and "Surf Camp" Services of Fuerteventura
The services of the "Surf Academy" and the "Surf Camp" provide for the organization and provision of professional surf courses and surf camp packages (which include accommodation, course and other activities closely related to surfing) for any level, realized in Fuerteventura.
To access the Services of the "Surf Academy", you agree that you be physically fit and able to swim. You also confirms and declares, from a medical point of view, that there is nothing that would prevent you from exercising the sport of surfing.
You must take reasonable care with regard to the use of Surfintrip equipment and accept the responsibility for replacing any such equipment that is lost or damaged whilst in the care or use of you. Any property that is replaced must be paid for at the proper market value as assessed by Surfintrip. Thereafter the damaged equipment becomes the property of you.
2.3 Irresponsible and Behaviour
If you use our Sevices, you must follow the orders and instructions of the Surfintrip instructors. In case of irresponsible behaviour which endangers health or image of customers or Surfintrip, you can be excluded of the services after previous warning. In this case the course fee will not be returned.
2.4 In case of minor
In case of purchase of services by a child under age 18, is required a authorization form signed by a parent and/or guardian that must be sent by email at email@example.com least 7 days before the start date of the Service. Surfintrip reserves, in its sole discretion, to provide its services to child under age 18 without the required documents.
3. The "Partners Surf Camp" Service
The "Partners Surf Camp" service is the service through which Surfintrip, following a selection of qualified partners that meet certain quality standards, offers third-party surf camps packages (which include at least accommodation, surf lessons of any level and other related activities) in other surfing destinations outside of Fuerteventura.
Surfintrip is neither a proprietary owner nor a property manager, including but not limited to hotel rooms, motel rooms, other accommodations or accommodations, nor is it a property provider, including but not limited to hotel rooms, motel rooms, other accommodation or Accommodation and Surfintrip does not own, sell, resell, provide, provide, rent, sublease, operate and / or control properties, including but not limited to hotel rooms, motel rooms, other accommodations or accommodations, transport or travel. Unless otherwise expressly stated on the Surfintrip Website, Surfintrip's responsibilities are limited to: (a) making the Site and the Services available.
Surfintrip does not control and can not control the condition, legality or suitability of any Surf Camp. Surfintrip is not responsible for and excludes any liability in relation to Surf Cmap partners. As a result, any booking will be made at the exclusive risk of the guest. In addition, Surfintrip may, at its sole discretion, promote certain packages.
The section may include, by way of example, a program of standard days proposed by a third party organizer, indications on surf spots, transport to and from the airport managed and provided by the owner of the accommodation and/or by a supplier, advice on the best surf season, where to eat, on places to visit, on services included and not.
3.1 Service Fees and Parity Rate
For the "Partners Surf Camp" service, as consideration for the use of the platform and its services, Surfintrip charge service fees exclusively to the Host. It is understood that Surfintrip charges the Service Fees to the Host only if there is a confirmed reservation.
Where applicable, it may also be charged taxes (such as VAT in Europe) in relation to the Host fees.
Surfintrip deduces the Host fees by pack’s price before paying the compensation to the Host as described in these Terms. The Host fees are, as previously indicated, included in the accommodation price. No fees paid by the guest.
The Host, in order to provide a reasonable price, will have to take into account that the final price includes service fees of Surfintrip.
It is understood that the Host can offer their surf camp packages through websites or other, always and in every case, however, not below (the "Parity rate") to those presented in Surfintrip. In case of default by the Host to the provisions contained in this clause, Surfintrip may withhold for each booking of surf camp packages sold through its portal, in addition to the percentage in consideration a further percentage of 5%, as a penalty.
It is understood that Surfintrip withhold the final sale price percentage (as specified below) as compensation for the use of the platform and related services, for the activities of promotion, positioning and user experience through the portal Surfintrip.com.
The fees charged by Surfintrip to the Host in case of sale through the portal surfintrip.com are as follows:
The balances, from Surfintrip to the Host, will be paid through PayPal or direct deposit or other payment method described on the Site, in Euro. The amounts will be rounded down or upwards as described in these Terms. Please note that Surfintrip will apply or deduct the cost of processing the foreign currency to or from any payment made or received by Surfintrip in currencies other than the Euro. Except as otherwise provided herein, the Service Fees are not refundable.
3.2 Users Conduct
You understand and agree that you are solely responsible for compliance with any law, rule, regulation and tax liability that may be applicable to the use of the Websire, the Service and Content. In connection with your use of the Website, the Service and the Content by you, the user undertakes to use the Site, the Service or the Content only for purposes that are expressly permitted by these Terms. Surfintrip have the right to investigate and take legal proceed in case of violation of any clause of this Terms to the maximum extent permitted by law.
Surfintrip may access, preserve and communicate your information if required to do so by law, or if we believe in good faith that it is reasonably necessary to respond to complaints brought against Surfintrip or fulfill orders of a procedural nature, implement and manage our agreements with users. You acknowledge that Surfintrip has no obligation to monitor your access to or use of the Website, the Service or Content by you, or to analyze or edit any User Content, but has the right to do so in order to manage and improve the Website and the Services (including, for example, the purposes of fraud prevention, risk assessments, customer support), to ensure compliance with these Terms by you, to comply with applicable law or with a resolution of a court, administrative agency or other governmental body, to respond to the content that it deems objectionable or otherwise as provided in these Terms. Surfintrip reserves the right, at any time and without notice, to remove or disable access to Content that Surfintrip, in its sole discretion, considers objectionable for any reason, in violation of these Terms or otherwise damaging to the Webste or services.
If you reside with someone who believes is acting or has acted inappropriately, or someone who believes home is acting or has acted inappropriately, including, but not limited to, someone who (i) implements offensive behavior, violent or sexually inappropriate, (ii) suspected to have stolen, or (iii) to execute any other harassing behavior, You shall immediately report such person to the competent authorities and then to Surfintrip, sending the number of the police station and your verbal to firstname.lastname@example.org; provided that the complaint does not force us to take action beyond what is required by law (if any), or can lead to the incurring any liability to you.
3.3 Management of the Accommodations Damages
As a Guest, you are responsible for leaving the Surf Camp in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Surf Camp. In the event that a Host claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given seventy two (72) hours to respond, the payment will be charged to and taken from the credit card on file in your Surfintrip Account. Surfintrip also reserves the right to charge the credit card on file in your Surfintrip Account, or otherwise collect payment from you and pursue any avenues available to Surfintrip in this regard. If we are unable to charge the credit card on file or otherwise collect payment from you, you agree to remit payment for any damage to the Surf Camp to the applicable Host or to Surfintrip.
Both Guests and Hosts agree to cooperate with and assist Surfintrip in good faith, and to provide Surfintrip with such information and take such actions as may be reasonably requested by Surfintrip, in connection with any complaints or claims made by Users relating to Surf Camps or any personal or other property located at an Surf Camp or with respect to any investigation undertaken by Surfintrip or a representative of Surfintrip regarding use or abuse of the Site or the Services. If you are a Guest, you understand and agree that Surfintrip reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Surf Camp or any personal or other property located at an Surf Camp.
4. Booking method
The bookings must be made via e-mail (email@example.com) or via our website (www.surfintrip.com) or by telephone (+34 667015604) or via Whatsapp (+34 667015604). In the booking by e-mail or telephone must be indicated: name, surname, check-in and check-out, type of service booked, e-mail and n. of cellphone.
Through the site, to book a service you need to choose the service that you intend to buy. Once you have chosen the Service, you will be asked to fill in a form with the necessary information and to finalize the payment by providing the requested data.
The reservation is valid when, based on availability, you will receive an email notification from Surfintrip with confirmation of booking and receipt of the required deposit.
5. Payment method
The booking of the Service through this website provides for the payment of 50% of the total amount to Surfintrip at the time of booking valid as a deposit of the total purchased service. Bookings of the Service by e-mail, telephone or whatsapp provides a payment of 50% of the total amount to Surfintrip at the time of booking valid as a deposit of the total purchased service. The balance, or the remaining 50% of the total amount, must be paid locally at the time of check-in, or the first Service day. The method of payment is bank transfer, credit card (exclusively through the site), Paypal account (PayPal commissions will be added to the total amount paid) and cash. This last method of payment is valid only on site.
6. Cancelation and refunds
Cancelation of bookings are possible at any time and you must send us the cancelation with an e-mail (firstname.lastname@example.org) and/or thought our Website. The cancelation will be valid the day that Surfintrip receive it.
Our policy in case of cancellation is the following:
7. Privacy and Cookies
8. Ownership and Copyright
All trademarks, service marks, logos, trade names and any other proprietary designation Surfintrip used here are trade names or registered trade names of Surfintrip. All other trademarks, service marks, logos, trade names and any other proprietary designation are trade names or registered trade names of their respective parties.
The Site, Services and Content are protected by copyright, trademark and other laws of Spain, the European and international community. You acknowledge and agree that the Website, Services and Content, including all asspciated intellectual property rights, are the exclusive property of Surfintrip and its licensors. You will not remove, alter or obscure any copyright, trademarks, service marks or other proprietary rights notices incorporated in or accompanying the Websiite, Services and Collective Content.
9. Responsibility and indemnification
Surfintrip is responsible for the correct preparation and execution of the services and the description of the service we offer. You acknowledge and agree that, to the fullest extent permitted by law, the entire risk arising from access to and use of the Site, the Services and related content and any contact you have with other Surfintrip users, both in person and online, they are at your expense. Neither Surfintrip nor any other party involved in the creation, production or publication of the Site, the Services and the contents will be responsible for any accidental, special, exemplary or consequential damage, service interruption, IT damage or system malfunction, or any connected damage to personal or physical injury or emotional distress due to or related to these terms resulting from the use or inability to use the site, the Services or the contents, from any communication, interaction or meeting with other users of the site, or the Services, or with other people with whom you communicate or interact as a result of your use of the site, the Services, regardless of whether such damage is based on a warranty, contract, tort (including negligence), product liability or any other source of liability and whether or not Surfintrip has been informed of the possibility of such damage, even if a limited remedy under this document does not achieve its essential purpose.
For the Surf Academy services, Surfintrip don't take responsibility for damage to persons or material which happens during any travels to the course/school and for travels by car which are made during the course. The participation is the risk of the client. Surfintrip is responsible for any faults of the members of Surfintrip, also during the courses. The responsibility of Surfintrip is limited to maximum 3 times the amount of the course fee, as long as the damage or harm was not produced on purpose.
Surfintrip is not responsible for circumstances caused by the weather and no refunds will be given due to climate conditions. If you choose to use the site, the Services or the contents, you do so at your sole risk. No advice or data, whether oral or written, obtained from Surfintrip or through the site, the Services or the contents, will create any warranty not expressly granted herein. You undertake to release, defend, hold harmless and keep Surfintrip and its affiliates and subsidiaries, and their employees, directors, employees and agents unharmed to and from any claim, liability, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way related to (a) access to or use of the Site, the Services or Content by you or the violation of these Terms by you; (b) your User Content; (c) the interaction with any User, (d) any of the following actions performed by you (e) the booking or use of a Service, including, without limitation, any injury, loss or damage (for damages, direct, accidental, consequential or otherwise) of any kind arising in connection with, or as a result of the use of the site or the Services and contents.
Surfintrip does not recognize any guarantee that the site and the services, including the contents, by way of example, meet its requirements or are available continuously, safely and without errors. Surfintrip does not provide any guarantee regarding the quality of any accommodation, services or contents or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the site and services.
No advice or data, whether oral or written, obtained from Surfintrip or through the site, services or contents, will create any warranty not expressly granted herein.
You are solely responsible for all your communications and interactions with other users of the site or services and with other people with whom you communicate or interact as a result of your use of the site or services, including but not limited to. Surfintrip makes no representation or warranty regarding the conduct of users of the site or services or their compatibility with any current or future user of the site or services. You undertake to take reasonable precautions in all communications and interactions with other users of the site or services and with other persons with whom you communicate or interact as a result of your use of the site or services, including, among others, owners of surf camps and guests, especially if they decide to meet them offline or in person, regardless of whether these meetings are organized by Surfintrip. Irrespective of the appointment of Surfintrip, as a temporary agent for the collection of payments of surf camps owners in order to receive payments from guests on behalf of the owners themselves, Surfintrip expressly waives any responsibility for actions or omissions of the owner of the surf camps towards guests or third parties.
10. Complaint management
Surfintrip makes available to its customers the complaint forms, approved by the Ministry responsible for tourism, at its headquarters located in Calle Chorlitejo 8, vistas del mar 8, villa n.2, Corralejo (La Oliva), from Monday to Friday from 09:00 to 19:00. Surfintrip will deliver to its customers the complaint forms sheets when they request them, fill in the entire data box which must be filled in by the company and provide explanations and data necessary for proper completion. The claimant must keep the green copy for the record and send the original (white copy) to the Ministry responsible for tourism. The claimant may attach to the original copy such evidence or documents as it deems necessary. In case of price complaints, the presentation of the invoice will be mandatory. Surfintrip will send the blue copy to the competent Ministry of Tourism within one month from the date of the complaint, keeping the pink copy.
If you wish to submit a complaint online, please send us an e-mail to email@example.com with your personal data indicating the reason for the complaint. If you request it, we will send you a complaint form by ordinary mail.
The European Commission makes available to consumers residing in the European Union a web page (http://ec.europa.eu/odr) where complaints concerning their online purchases can be processed.
11. Controlling Law and Jurisdiction and Dispute Resolution
These Terms will be interpreted in accordance with the laws of the State of Spain, without regard to its conflict of law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Spain, for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
You and Surfintrip agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Website, the venue of disputes is in Las Palmas of Gran Canaria.