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Terms and conditions Surf Academy
Last updated: 16/11/2016

Index


1. Introduction
2. Requisite
3. Booking
4. Payment
5. Cancelation and Refunds
6. Responsibility and indemnification
7. Equipment
8. Irresponsible and Behaviour
9. In case of minor
10. Controlling Law and Jurisdiction and Dispute Resolution

1. Introduction


These Terms and general conditions of “Surf Academy” (hereafter “Terms”) provide important information regarding the operation of our Service called “Surf Academy”, 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 “Surf Academy” includes the organization of surf courses of all levels (including surf Training & Coaching), surf camp and surf drive.

Surfintrip provides a platform of booking online that allows the reservations in an easy and fast way even the “Surf Academy” 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 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. Requisite


To access the Services of the “Surf Academy”, you agree that you are physically fit and able to swim. You also confirm and declare, from a medical point of view, that there is nothing that would prevent you from exercising the sport of surfing.

3. Booking


To book the Services, you need to register and create an account (“Account Surfintrip”) and become Users. You may not have more than one (1) active Surfintrip Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Surfintrip reserves the right to suspend or terminate your Surfintrip Account and your access to the Website and Services if you create more than one (1) Surfintrip Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Surfintrip Account, whether or not you have authorized such activities or actions.

You can register to use the Services directly through the Site or to join by logging into your account with certain third-party social networking sites (including, but not limited to, Facebook). You represent that you are entitled to disclose your Third-Party Account login information to Surfintrip and/or grant Surfintrip access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Surfintrip to pay any fees or making Surfintrip subject to any usage limitations imposed by such third-party service providers.

The reservation is valid at the time, based on availability, our platform allows you to pay the amount of the selected Service. In any case, you can book the service at least 15 days before the date of beginning of the Service. If you have decided to book at the last minute, we recommend you to send us an email to info@surfintrip.com and/or contact us via the contact section of our website to check availability.

4. Payment


The booking of the Service provide the payment of the 50% of the entire amount to Surfintrip at the booking time that must be at least 15 days before the start date. The balance, 50% of the entire amount, must be paid at the check-in time, first day of the Service. The online payment methods are bank transfer, credit card and paypal account. The onsite payment methods are bank transfer, paypal account and cash.

5. Cancelation and refunds


Cancelation of bookings are possible at any time and you must send us the cancelation with an e-mail 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:

6. Responsibility and indemnification


Surfintrip is responsible for the correct preparation and execution of the services as they are descripted in our site.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, Services and relative content, your listing or booking of any accommodations via the site and Services, and any contact you have with other users of Surfintrip whether in person or online remains with you. Neither Surfintrip nor any other party involved in creating, producing, or delivering the site, Services e relative content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, Service interruption, computer damage or system failure or the cost of substitute products or Services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the site, Services or relative content, from any communications, interactions or meetings with other users of the site or Services or other persons with whom you communicate or interact as a result of your use of the site, Services or your participation or from your listing or booking of any accommodation via the site and Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Surfintrip has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.

The responsibility of Surfintrip is limited to a maximum of three times the amount of the cost of the service, always until the damage has not been produced by the way.

Surfintrip is not liable for circumstances caused by climatic conditions and no refund will be granted because of the same. If you choose to use the Site, Services or Content, you do so at your own risk. No advice or given, whether oral or written, obtained by Surfintrip or through the Site, Services or content, will create any warranty not expressly granted in this.

You agrees to release, defend, indemnify and hold Surfintrip and its affiliates and subsidiaries, and their officers, directors, employees and agents harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, resulting from, or in any way related to (a) access or use of the Site, Services or Content by you or your violation of these Terms by you; (b) your User Content; (c) the interaction with any User, (d) the reservation or the use of the Service, including, without limitation, any injury, loss or damage (for damages, direct, incidental, consequential or otherwise) of any kind arising in connection with, or as a result of using the site or the Services and content.

7. Equipment


You must take reasonable care of the Surfintrip equipment that we give you for a temporary use and you must accept the responsibility for replacing any such equipment that is lost or damaged whilst in the care or use of you. Any equipments replaced must be paid for at the proper market value as assessed by Surfintrip. Thereafter the damaged equipment becomes the property of you.

8. 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 image of Surfintrip, you can be excluded of the Services without previous warning and the entire cost of the Services will not be refund to you.

9. In case of minor


In case of purchase of Services by a child under age 18, it is required an authorization form signed by a parent and/or guardian that must be sent by email at info@surfintrip.com at least 7 days before the beginning date of the Service. Surfintrip reserves the right, in its sole discretion, to provide our Services to child under age 18 without the required documents.

10. 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.