General terms and conditions of surf.camp
for the mediation of tourist services and surf camps
Latest version June 2020
These General Terms and Conditions (the Terms and Conditions) apply to every use of the website surf.camp (the Website) and all subdomains. The Terms and Conditions also apply to all services that are additionally offered by us.
The following terms and conditions exclusively regulate the contractual relationship between the user and surf.camp and between the surf camp provider and surf.camp in relation to the mediation of the conclusion of contracts for accommodation and other tourist services such as Surf camps between users and landlords and organizers. The general terms and conditions of surf.camp also apply if the use, access or booking of accommodation or surf camp participation takes place from outside the Federal Republic of Germany, regardless of the nationality of the user.
2) Content of the contract
2.1) Surf.camp acts exclusively as an intermediary for accommodation and / or surf camps mainly, but not exclusively, in France, Portugal, Morocco, Spain, Indonesia, Sri Lanka and the Netherlands. Surf.camp’s contractual obligation is the proper mediation of the individual tourist service. This obligation does not include the provision of the booked service as such. Furthermore, surf.camp is not obliged to check the information of the respective provider or the organizer of the surf camp that sell their services and products to the user or that surf.camp mediates to the user.
2.2) When booking accommodation or another tourist service by the user, a contractual relationship arises with the respective camp organizer. This contractual relationship is not regulated in the general terms and conditions of surf.camp. Surf.camp expressly advises all participants and users that the travel contract is not concluded with surf.camp, but always with the specified surf camp provider, taking into account the general terms and conditions of the respective surf camp provider. Their general terms and conditions will be part of the contract between the user and the respective surf camp provider when booking. As part of the services offered, the user is obliged to obtain information about the consequences of concluding a booking contract with the respective surf camp provider.
3) Conclusion of contract
3.1) A surf camp or accommodation can be booked via the online service surf.camp. By booking, the user offers surf.camp to conclude a brokerage contract. Through the unconditional acceptance of this placement order by surf.camp, a brokerage contract is concluded between the user and surf.camp. The brokerage contract can be accepted by surf.camp by letter, email or fax. The contractual agreements and the general terms and conditions listed here apply to all users.
3.2) There is no legal claim to surf.camp’s acceptance of the user’s mediation order. In addition, surf.camp has no influence on whether the respective surf camp provider accepts the contractual offer of the user. The ‘offers’ shown on the surf.camp website are not binding contractual offers. Special requests will be forwarded by surf.camp to the respective provider for assessment. The respective provider will inform the user of a possible acceptance of the special request.
3.3) The user can be contacted up to a few days after booking by surf.camp using the contact details provided. Users can be contacted to relay information about the booked surf camp, to ensure secure and reliable payment processing, in particular to verify the personal data entered (identity check), to protect against credit card fraud (Credit Card Fraud Prevention) and to continuously improve the services of surf.camp.
3.5) The minimum age for bookings and registrations on surf.camp is 18 years.
4) Surf.camp’s liability as an agent / limitation of liability
4.1) Information about tourist services and accommodation is based exclusively on the information provided by the responsible surf camp provider. They do not represent any declaration or assurance by surf.camp to the user. In the case of the mediated services, surf.camp is not liable for the provision of services by the surf camp provider, but only for the proper disclosure of the information transmitted to him as part of the brokerage contract of the user to the respective provider. Liability to the user for the correctness of the information provided by his contractual partners is also excluded, unless surf.camp transmits this data through gross negligence or willful misconduct.
4.2) The provision of services that are the responsibility of the respective surf camp provider is not the subject of the contractual relationship with surf.camp. The respective surf camp provider is solely responsible for these. Surf.camp is therefore not liable for the services to be provided by the respective surf camp providers. However, surf.camp is liable to the user for proper mediation within the framework of the due diligence of a prudent businessman.
4.3) Surf.camp cannot be held liable for the uninterrupted availability of the system and the website, as well as for system-related interruptions, failures and malfunctions of the technical systems and services of surf.camp. Liability is particularly excluded for the failure of communication networks and gateways.
4.4) In the event of simple negligence – regardless of the legal reason – surf.camp shall only be liable to the user for damages incurred in connection with the brokerage activity provided by surf.camp if an organ, employee or vicarious agent of surf.camp has violated a contractual obligation. In this case, however, liability is limited to the typical damage and the amount of the price of the mediated service. Surf.camp assumes further liability if
4.5) Claims against surf.camp for damage incurred in connection with the mediation activity performed by surf.camp expire one year from the start of the statutory limitation period. Otherwise the statutory limitation period applies.
5) Booking confirmation and travel documents
The booking made by the user is only accepted by surf.camp when the user receives the booking confirmation. The user is obliged to immediately check the booking confirmation received and to inform surf.camp of any deviations or incompleteness of the original booking within 48 hours (in the case of short-term bookings, prior to the start of the trip). This includes any deviations or incompleteness of names. The user is required to check the contact details, especially the email address, in detail, since the booking and travel documents are sent to this email address. In this context, the so-called spam / junk email folders must also be checked to see whether emails have been received there. This is the only way to enable fast and smooth communication, especially for short-term bookings. Deviations and incompletenesses that are displayed too late do not entitle the customer to withdraw from the contract. The details can be found in the general terms and conditions of the respective surf camp provider.
6.1) For all services mediated by surf.camp, payment must be made before or at the start of the trip. To confirm a booking, the user must make a down payment of 15 percent of the travel price. This deposit is payable within 48 hours of booking. The deposit is made via the surf.camp payment service provider. Whether and to what amount a further down payment is required and when this is due is specified in the general terms and conditions of the respective surf camp provider. The deposit will is part of the travel price. The remaining travel price is due depending on the surf camp provider at a certain time before arrival or can be paid on site. The way in which the remaining travel price is to be paid is at the discretion of the respective surf camp provider.
7) Cancellation and rebooking
7.1) The user can withdraw from the booking at any time before the start of the trip in accordance with the provisions of the contract concluded between him and the respective surf camp provider. For the calculation of the cancellation fees, the time of receipt of the cancellation declaration at the respective surf camp provider is decisive. It is advisable to declare a cancellation in writing or by email.
7.2) Cancellations and rebookings can be made via surf.camp. Surf.camp then forwards them to the respective surf camp provider for a reasonable processing time of a maximum of 2 days. In the case of short-term and time-critical cancellations, the cancellation must be made directly to the respective surf camp provider and surf.camp must be informed. The deposit of 15 percent of the travel price will not be refunded in the event of cancellation.
A rebooking of a surf camp that has already been booked to another offer from the same provider or a change in the travel period is possible with many surf camp providers. However, this can incur costs. In addition, some surf camp providers only offer a rebooking through a cancellation and a subsequent rebooking.
A rebooking of a previously booked / confirmed surf camp is only possible by withdrawing from the booked and at the same time re-booking another surf camp from another provider. Deviations from this can only be made if the respective surf camp provider has provided special provisions for this.
7.3) In the event of very short-term change requests (less than two hours before the start of the respective service), the user is encouraged to contact the respective surf camp provider to avoid delays.
8) Obligations of the user
8.1) Deficiencies in the placement service must be reported to surf.camp immediately. Surf.camp should also be given the opportunity to remedy the situation. If such a notification is culpably omitted, claims in this regard from the brokerage contract do not apply to the extent that a reasonable remedy on the part of surf.camp would have been possible.
8.2) Surf.camp cannot work with incorrect data. The user must ensure that all necessary information fields and in particular the personal information and contact details are carefully filled out and checked again on the website. Data entered incorrectly by the user, in particular the email address, and first and last name, can lead to difficulties in the execution of the contract, which significantly impair the provision of services and cause additional costs.
Travel cancellation insurance or another type of insurance is usually not included in the prices. Surf.camp recommends that the user take out travel insurance, in particular travel cancellation costs and / or replacement insurance.
10) Visa, passport, customs, currency and health regulations
Each user is responsible for ensuring that the requirements for carrying out the trip are met and that all legal provisions are observed. These include: the domestic and foreign entry and exit regulations, health regulations as well as passport and visa regulations. The same applies to the procurement of necessary travel documents. Surf.camp conscientiously provides the user with these information regarding these questions on request, but cannot accept any liability for the information given. The user has to make sure that the names given in the passport, visas and other identification documents exactly match those of the booking / travel documents. Surf.camp expressly points out that the regulations can be changed at any time by the authorities. The user is therefore encouraged to obtain information even from the responsible offices and institutions.
11) Obligations of surf camp providers
11.1) On surf.camp it is free to list surf camp stays, tours or retreats. Visitors can contact registered organizers via surf.camp and send a message, make request or reservation. For every successful booking that is triggered by one of these options, we charge a processing fee of 15% of the total value offered to the customer.
11.2) Surf.camp cannot work with incorrect data. The surf camp provider has to ensure that all necessary information fields and in particular the personal details and contact details are carefully filled out and checked again on the website. Data that are incorrectly entered by the provider, in particular e-mail address, descriptions of the offers, arrival and departure days, upgrade options, etc., can lead to difficulties in the execution of the contract, which can significantly impair the provision of services and cause additional costs. Should a surf camp provider provide incorrect information on the scope of services, equipment of their own camp or other relevant aspects of their offer, surf.camp is eligible to block and delist the offers concerned.
11.3) Our commission is applicable to all successful bookings and transactions generated through our website the moment the non-refundable deposit is paid by the customer. The package price is the amount that you offer to the customer for the program listed on our website or communicated through our messaging system. Customers can pay the total price via our online payment system, but do not have to. The prepayment is received on our account with our payment service provider and we will release the payment to you after deducting our commission as soon as the down payment is no longer refundable.
12) Assignment ban
An assignment of claims by the user or surf camp providers against surf.camp, to anyone including spouses or relatives, is excluded. This applies to claims from the brokerage contract and in connection with the implementation and processing of the brokerage contract, as well as from unjust enrichment and tort. The legal assertion of the aforementioned claims by the user or surf camp providers by third parties in his own name is also prohibited.
13) Intellectual property
You give us a license to use the content you have uploaded to surf.camp without restriction. This license is: non-exclusive; free of charge and duty; transferable; valid worldwide. By using the website, you declare that you have (intellectual) ownership of the information and media that you upload to the website; or you are entitled to pass on and license the media or information that you upload to us. You may not share, sell or exploit any content on the website in any way.
14) Links to third party websites
This website may contain hyperlinks to websites operated by parties other than surf.camp. Such hyperlinks are only made available to the user as information. Surf.camp does not control such websites and is not responsible for their content. The inclusion of hyperlinks on such websites by surf.camp does not imply approval of the material on such websites or a connection with their operators. If surf.camp receives a notification from a third party, the content of the respective page will be checked immediately.
15) Place of jurisdiction and legal status
If the user is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is Dortmund, Germany. The statutory jurisdiction rules apply to consumers. The contractual relationships of the parties are based on the law of the Federal Republic of Germany, excluding the conflict of laws provisions of the EGBGB.
16) Advice on dispute settlement in accordance with the Consumer Dispute Settlement Act
In the case of disputes in connection with the intermediary activity of surf.camp with a consumer in the context of a contract, we point out that we are neither willing nor obliged to participate in dispute settlement procedures before a consumer arbitration board.
17) Final provisions
17.1) These general terms and conditions are ultimately responsible for regulating the legal relationships between surf.camp and the user and surf.camp and the surf camp provider. Changes or additions to these general terms and conditions must be in writing in order to be effective, as must their repeal. Surf.camp reserves the right to change the terms and conditions for the future at any time. The general terms and conditions apply at the time the contract is concluded.
17.2) Should a provision of these general terms and conditions or part of such a provision be or become ineffective, this does not affect the effectiveness of these general terms and conditions as a whole.