Definitions
Entrepeneur: Casa Ohana SL established in Santander, Cantabria
Participant: The person with whom Casa Ohana SL has entered into an agreement.
Parties: Casa Ohana SL and participant together.
Applicability
These terms and conditions will apply to all quotations, offers, activities, agreements and deliveries of services or products by or on behalf of the entrepeneur.
Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the participant or of third parties.
Prices
All prices provided by entrepeneur are in euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel-, shipping- or transport expenses, unless expressly stated or agreed otherwise.
Entrepeneur is entitled to adjust all prices for its products or services, shown on its website or otherwise, at any time.
Increases in the cost prices of products or parts thereof, which entrepeneur could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
The participant has the right to terminate an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of statutory regulation.
Entrepeneur has the right to adjust prices annually.
The participant has the right to terminate the contract with entrepeneur if he or she does not agree with the price increase.
Payments and payment term
A booking is officially made with us when participant has paid entrepeneur a deposit (or full payment if the booking is made within 14 days of arrival) and entrepeneur has issued the participant a booking confirmation. Entrepeneur reserve the right to return the participants deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between participant and entrepeneur as soon as we have issued the participant with a booking confirmation that will confirm the details of participants booking and will be sent to the participant.
Entrepeneur may require a down payment of up to 50% of the agreed amount. The amount of the down payment must have been paid within 7 days after booking.
Unless otherwise agreed, the total amount must be paid 14 days prior to the start of the course/service. If entrepeneur does not receive the total amount in full and on time, entrepeneur reserves the right to treat participants booking as cancelled in which case the cancellation conditions apply.
Last minute bookings within 14 days before start of course/service: The total amount should be paid within 3 days after the booking has been made by the participant and at least have arrived on the account of entrepeneur before the start of the service/course. If entrepeneur does not receive the total amount in full and on time, entrepeneur reserves the right to treat participants booking as cancelled in which case the cancellation conditions apply.
Consequences of late payment
If the participant, after he has been given notice of, fails to pay the advance or the travel sum that is demanded of him, entrepeneur will have the right to terminate the agreement with the participant by operation of law.
Water Safety
Participants of water activities declare to be in good health and should be able to swim. Participants need to follow instructions of tour managers and/or coaches. Surf coaching will be given by qualified and experienced instructors. The instructors have a first aid certificate and a life guard certificate. Participation of activities is on participants own risk. Entrepeneur is not responsible for any damage or physical injuries during the participation of an activity.
To cover any risks, the participant is responsible to have the right insurances. The participant should also now that surfing is (according to insurance companies) an ‘extreme sport’ or ‘risk sport’.
Cancellation conditions
If the participant cancels, the following policy details apply:
Up to 6 weeks prior to start of course/service: 100% of the total amount will be refunded
Between 6 weeks and 14 days prior to start of course/service: 50% of the total amount will be refunded
Less than 14 days prior to start of course/service: No refunds
Cancelling an activity, excursion or rental during a course will not be refunded to the participant by entrepeneur.
Performance of the agreement
entrepeneur executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
entrepeneur has the right to have the agreed services (partially) performed by third parties.
Duty to inform by the participant
The participant shall make available to entrepeneur all information, data and documents relevant to the correct and safe execution of the agreement to in time and in the desired format and manner. Participant must be in good physical and mental health in order to participate in the courses/services offered by entrepeneur. The participant must inform entrepeneur about your physical and/or mental condition (including use of medication, drugs or alcohol) if this could lead to discomfort, danger or risks for yourself or other participants.
The participant guarantees the correctness, completeness and reliability of the information, data and documents made available, even if they originate from third parties, unless otherwise ensuing from the nature of the agreement.
If the participant provides incorrect information and this leads to additional costs for the entrepeneur, these costs may be charged.
Intellectual property
entrepeneur retains all intellectual property rights (including copyright, patent rights, trademark rights, design and design rights, etc.) on all designs, drawings, writings, data carriers or other information, quotations, coaching programs / methods, images, sketches, models, scale models, etc., unless parties have agreed otherwise in writing.
The participant may not copy or have copied the intellectual property rights without prior written permission from entrepeneur, nor show them to third parties and / or make them available or use them in any other way.
Penalties
If the participant violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of entrepeneur an immediately due and payable fine of € 1000 if the participant is a consumer and € 5000 if the participant is a company,for each violation and in addition an amount of 5% of the aforementioned amount for each day that this violation continues.
No actual damage, prior notice of default or legal proceedings are required in forfeiting the fine referred to in the first paragraph of this article.
The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of entrepeneur including its right to claim compensation in addition to the fine.
Liability
entrepeneur will not held be responsible for damage as a result of delays, mechanical failure, weather conditions, natural influences, sickness or any other force which entrepeneur has no influence of. Entrepeneur also have the right to cancel a course/service if force majeure occur. Entrepeneur does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation. Participants can be held responsible when they leave damage on purpose on entrepeneurs material or third parties equipment. Participants are required to practice common sense, prudence and diligence. Entrepeneur does not assume responsibility for loss of baggage, money, valuables or other items.
Travel documents
Having the correct travel documents is participant’s own responsibility at all times. Entrepeneur cannot be held liable for this.
Dissolution
The participant has the right to dissolve the agreement if entrepeneur imputably fails in the fulfillment of his obligations, unless this shortcoming does not justify termination due to its special nature or because it is of minor significance.
entrepeneur always has the right to refuse the participation or continuation of a participant if the behavior or attitude of the participant causes inconvenience or nuisance for the general organization of the trip, for the fellow participants and/or working team. entrepeneur may at all times decide for itself when it is necessary to exclude a participant from participation or further participation. In case of exclusion, for whatever reason, all costs resulting from the exclusion will be borne by the participant. Entrepeneur has the right to create a list of participants who are no longer welcome or who are excluded from all future travel and/or event participation.
Modification of the agreement
If, after the conclusion of the agreement and before its implementation, it appears necessary to change or supplement its contents, the parties shall timely and in mutual consultation adjust the agreement accordingly.
Changes in the general terms and conditions
entrepeneur is entitled to amend or supplement these general terms and conditions.
Changes of minor importance can be made at any time.
Major changes in content will be discussed by entrepeneur with the participant in advance as much as possible.
Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.
Transfer of rights
The participant cannot transfer its rights deferring from an agreement with entrepeneur to third parties without the prior written consent of entrepeneur.
Consequences of nullity or annullability
If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what entrepeneur had in mind when drafting the conditions on that issue.
Applicable law and competent court
Spanish law is exclusively applicable to all agreements between the parties.
Drawn up on March 8, 2021
