REGISTRATION AND ADVANCE PAYMENT
The registration becomes effective when we receive the registration form via our website, per email or per post. Within 14 days the participant must pay a 50 percent of the total booking amount. The payment can be done in cash or to our bank account. An entitlement to participation does not arise until the money is received. The participant then receives a confirmation email. The remaining amount is to be paid to our account within four weeks before the course/accommodation period starts or in cash at arrival. If the time between booking and check-in/start of surf course is less than four weeks, the full amount is to be paid via bank transfer or in cash at arrival. In this case no 50 percent registration fee is necessary.
TERMS OF PARTICIPATION / LEGAL OBLIGATION OF SUPERVISION
With the registration for a surf course the participant concludently declares that there are no medical objections to his/her participating in surfing.
We are not liable for dangers inevitably linked to surfing and that are knowingly accepted by the participant, nor for damage or injury caused to the participant during surfing caused by other course participants or third parties. Any liability for loss or damage to the property of the participant on the part of the organizer is excluded. The rental equipment is to be handled properly. In the case of grossly negligent damage and loss the participant is liable for the resultant damage.
LIMITATION OF LIABILITY
The contractual liability of us for damage is limited to threefold of the course price if the damage to the participant was caused neither with intent nor grossly negligently.
CANCELLATION AND RESCISSION BY US
The organiser can cancel the contract after the event has started in the following case without a time limit: If the participant lastingly disturbs the realization of the course or the peace of other guests despite having received a warning from us, or if the participant behaves in such a degree contrary to the contract that immediate cancelation of the contract is justified. If we cancel the contract, the participant remains entitled to the course price and accommodation costs not used already.
CANCELLATION BY THE PARTICIPANT
Within 14 days after the booking confirmation the guest can cancel the booking and will be refunded everything that was payed before. E-mail, letter, or phone may be the means of communication. The client will get back everything already payed within 14 days after reception of the cancellation.
CANCELLATION AFTER 14 DAYS
After 14 days the participant can withdraw from the surf classes or accommodation booking at any time by means of a written declaration (email or post). The arrival of the declaration of withdrawal is decisive. If the participant cancels the contract or does not start the journey, we can demand reimbursement of expenses from the full amount in accordance with the following flat rate cancellation fee per registered participant:
- Up to 28 days before arrival full refund,
- up to 14 days before arrival 10%,
- up to 7 days before arrival 25%,
- up to the day before arrival 50%,
- on the starting day of the course and in case of no show 100%.
The organizer retains entitlement to the course price also for the case of self imposed bodily harm of the participant, illness or early departure by his own will.
- Up to 28 days before arrival full refund,
- up to 14 days before arrival 25%,
- up to 7 days before arrival 50%,
- up to the day before arrival 75%,
- on the day of booked check-in or in case of no show: 90%.
Also in case of early departure, cause by free will of the client, sickness, or other reasons, we retain entitlement to 90% of the remaining costs.
ALTERNATIVE PARTICIPATION / REBOOKING:
Until the course begins/check-in the participant can demand that a third party takes over the rights and duties from the course contract in his/her stead. We can reject the taking over by the third party if the person does not fulfil the special course requirements (surf level) or if statutory regulations contradict his/her participation. If a third party takes over the contract, the third party and the original participant are liable towards the organizer as joint debtors for the course/accommodation price.
Travel cancellation insurance is not included in the price. It is advisable to make one. In addition, the conclusion of a travel and luggage insurance package is advisable. Accident insurance for the surf classes is mandatory by Portuguese law and included.
CHANGE IN THE COURSE OF THE EVENT
Changes in the course of the event cannot be excluded. The course program can be changed and an alternative program offered in particular in the case of dangers resulting from bad weather and bad wave conditions.
We, the organiser, will provide a service that is on the highest standard of the industry. Our apartments and hostel fulfil Portuguese legal requirements and hygiene standards. Those might be under your home countries standards. After the stay with us, no redress claims will be answered. Redress can be effected in the manner that the fault is eliminated or that an equivalent or higher-quality service gets provided at no extra cost by us. In case of justified complains about any of our services the client must express his/her claim on site to us. We can refuse redress if it requires an unreasonable effort or costs. In case of defaults in performance occurring, the participant is obliged to cooperate within the legal requirements to avoid any further damage or reduce it. The participant is obliged in particular to inform us immediately of his/her complaint.
EXCLUSION OF CLAIMS / LIMITATION PERIOD
Claims based on faulty course performances, subsequent impossibility and due to breach of secondary obligations have to be asserted against us within one month after the contractual termination of the course. After the deadline has expired, claims can only be asserted if the participant was not able to observe the specified deadline through no fault of his/her own. The participant’s claims are limited to a period of one year after the contractually specified end of course.
PROTECTION OF USERS DATA
This website uses the Facebook Page Plugin, Google Analytics and Google Maps. All of those will gather your IP-address and know things about you. If you don’t agree with this, don’t use this website.
All the personal data of our clients are stored in password protected systems, only to be seen by company members and employees. No data will ever be given to third parties for whatsoever reason, except to the Portuguese Immigration Department. We are forced to do this by Portuguese law. For clarification see their website: www.sef.pt.
If any individual clause or clauses is/are null and void, the validity of the course contract or the remaining clauses of this document remains unaffected.
PLACE OF JURISDICTION
Place of jurisdiction is Peniche, Portugal.
Rua Amigos do Baleal 39
Casais do Baleal
Tourismo do Portugal Registo n.º: 274/2012
RNAL Registo nº 19073/AL
Bank: Caixa Credito Agricola
INFORMAÇÃO AO CONSUMIDOR
Em caso de litígio o consumidor pode recorrer a uma Entidade de Resolução Alternativa de Litígios de Consumo: CNIACC – Centro Nacional de Informação e Arbitragem de Conflitos de Consumo:
Telefone: 21 384 74 84
E-mail: [email protected]
Correio: Faculdade de Direito da Universidade Nova de Lisboa
Campus de Campolide
Mais informações em Portal do Consumidor www.consumidor.pt