GENERAL CONDITIONS 51 moments Ltd
Latest version 12-05-19
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.
Article 1 – General
The Terms and Conditions apply to everyone who uses the Website.
We will send the Terms to you free of charge upon request.
If any part of the Terms is void or voidable, that does not change the validity of the rest of the Terms. The invalid or destroyed part is replaced by a provision that follows the content of the invalid provision as much as possible.
you may not use the Website in such a way that you violate UK or other applicable laws or regulations.
you may not distribute the following through the Website:
you will keep the personal data of other users secret. You will also not misuse this data.
you may not approach other users for commercial purposes other than for which the Website is intended.
If you want to report a user abusing the Website, you can send a message to [email protected]
Article 3 – The platform
The purpose of the Website is to offer a platform where providers and buyers can come into contact with each other. We are therefore not responsible for the agreements between suppliers and buyers. We are also not a party to the agreements between suppliers and buyers. If a conflict arises between suppliers and buyers, they must resolve that conflict themselves.
Article 4 – Availability of the Website
We do our utmost to ensure that the Website is available.
We do not guarantee that the Website works without errors or is always available. We are therefore not liable for damage suffered if the Website does not work or does not work safely.
We are also not liable for damage suffered by incorrect information on the Website.
Article 5 – User account
you must protect the login details of your account for others. you must keep your password strictly confidential. We may assume that everything that happens on or with your account is done by you or under your supervision.
If you think or know that your account is being misused, you must report this to us as soon as possible. We will then take appropriate measures.
Article 6 – Prices
We offer our service to buyers aka users or customers free of charge. Suppliers will need to pay a commission. More about it after article 15
Article 7 – Exclusion
We reserve the right to exclude you (in part) from the Service or to deny access to the Website. We can also always delete accounts, for whatever reason. If we choose not to grant you access or to delete your account, we will not be liable for any damage that may result.
For example, we can exclude you from the Service by:
Delete your account;
block parts of the Service for you.
Article 8 – Confidentiality
We are obliged to keep all your confidential information confidential. Under “confidential information” we understand all information that you have indicated to be confidential or that derives from the nature of the information. we only release your personal data as referred to in the General Data Protection Regulation if we are legally obliged to do so.
Article 9 – Conflict resolution
We are not obliged to help with conflicts between suppliers and buyers. Nevertheless, we will do our best to help resolve those conflicts.
Article 10 – Liability
We are not liable for:
direct or indirect damage that you suffer by using our Website, regardless of whether the claim is based on a guarantee scheme, agreements or any other legal principle;
direct or indirect damage that you suffer from (incorrect) information on the Website, regardless of whether that information comes from us or from third parties;
damage resulting from errors by third parties or arising from the unavailability of the Website, for reasons beyond our control.
Article 12 – Disclaimer
By using the Website, you indemnify us against claims, claims and (damage) compensation from third parties. This liability limitation does not exclude our liability in the case of malicious intent or willful recklessness.
Article 13 – Intellectual Property
You give us a license to use content that you upload / make available unlimited. This license is:
By using the Website, you declare that:
you have the (intellectual) ownership of information and media that you upload on the Website; or
You are authorized to share and license the media or information that you upload to us.
You may not share, sell or exploit any content from the Website in any way.
Article 14 – Payments
We collect payments for our suppliers according to their terms displayed on their page. If you want to apply for a refund concerning a payment done to us please email us on [email protected]
We use Stripe as payment provider
Article 15 – Disputes
If a dispute arises between you and us, UK law applies. In that case, the Coventry District Court has jurisdiction to rule on the dispute.
Next part is specifically meant for suppliers (aka surfcamps)
Article 16 – Suppliers
INQUIRIES AND BOOKINGS
On surf.camp, it is free to list your tours or retreats. Visitors can contact registered organizers through our website with a message, inquiry or reservation. For every successful booking that is initiated by one of those options, we charge a service fee of 15% of the total value offered to the customer.
Our relationship is to be seen as an advertising agreement. We try to get you customers and you pay us a fee for that service. We are never in any case responsible for the relationship you can get with a customer through our platform. Through our platform you can communicate the prices, terms, etc as you like.
Either you, your business or us can quit our relationship anytime. If chosen, let us know and we will delete all your content.
Our commission of 15% is applicable for all the successful bookings and transactions that were generated through our website, at the moment the non-refundable deposit is sent by the customer. This could include, but is not limited to, customers for whom you have received the deposit required to secure or book their place, customers that decided to book a portion or an extended stay, or who decided to book through inquiry spots for their friends and/or family, groups, etc. We will always charge the package price for the program as offered from your side to the customer, whether it is less or more than the advertised price on our website, as per our terms and conditions, regardless of the package price is initial or final. The package price is to be understood as the amount you offer to the client for the program listed on our website or communicated through our message system.
Customers can make payments via our online payment system. The pre-payment will be received in our Stripe account and we will release the payment to you after subtracting our commission once the deposit becomes non-refundable.
When a customer pays a pre-payment he accepts your offer and we instantly charge you the service fee. It is however always possible a customer decides to cancel his trip after he or she made the pre-payment. In that case we still charge you the 15% fee. For that reason we advise you to always communicate a minimum cancelation fee of 15% of the package price. If you make it higher it’s your responsibility to collect the remaining amount.
If you think a customer should get his or her deposit back, let us know and we’ll check the case. We’d rather have a happy customer without a commission then an angry customer with our commission. If we agree to refund the customer, we of course won’t charge you.
Once you upload your media you give us the right to use that media for promoting your business and our platform. If you don’t like us to use your photo’s for promoting our platform but just your own business, let us know and we won’t.
USE OF OUR MESSAGING SYSTEM
We encourage you to keep the conversation with our customers within our messaging system, so we can also easily monitor any errors or concerns on both parties (between you and the customer) and provide assistance ASAP if needed. Therefore, use of or requesting email addresses, website links or providing/asking telephone numbers or any other ways of direct contact is not allowed on our website.
It is not allowed to offer or communicate higher prices to the customer then on any other advertising medium.
Throughout time, these terms might change. It’s your responsibility to keep checking them. We ofcourse will let you know if big things change.
OWNERSHIP OF PERSONAL DATA
When people register on our website, they agree with our “general terms” meaning we have a relationship with them. When a deal is made between you and one of our customers, you also get a relationship with them. We expect you take good care of our initial customers and respect European new GDPR law.
APPLICABLE LAW AND COMPENTENT COURT
51 Moments Ltd
The Apex, 2 Sheriffs Orchard
CV1 3PP Coventry