Terms & Conditions

Corona

 

TEMPORARY: Special Corona Flexible Terms and Conditions apply on top of our General Terms & Conditions

Changes relative to our general terms and conditions

Payment & Payment term

  1. If down payment is requested, a second invoice with the remaining amount can be expected around two weeks prior to the start of the course.
  2. A down payment won’t be more than 20% of the agreed amount.

Continuation

A course will only take place if local (Cantabrian/San Vicente de la Barquera) measures allow us to perform our activities in an acceptable way, without too many major changes. At least two weeks prior to the start of a course, we will announce if a course can definitely take place. If we give a green light, we will also announce local measures or restrictions that participants need to act on, such as keeping a 1,5 meter distance.

If Corona measures or restrictions won’t allow us to perform our trip in an acceptable way, we will cancel the trip and everybody who completed a deposit can choose either to reschedule the course or receive the deposit back.  

Our courses only takes place if we have a minimum of 6 participants in a week.

If a participant is personally not capable of travelling with us due to Corona travel restrictions, the participant can cancel the trip and the same conditions apply as mentioned above (the participant can either reschedule or request the deposit back). We try to be flexible and easy during these uncertain times.

General Terms & Conditions

Definitions

  1. Single Fin Surf Travel & Casa Ohana: Single Fin Surf Travel, established in Schoorl, Chamber of Commerce no. 59769351.
  2. Participant: The person with whom Single Fin Surf Travel has entered into an agreement.
  3. Parties: Single Fin Surf Travel and participant together.

Applicability

  1. These terms and conditions will apply to all quotations, offers, activities, agreements and deliveries of services or products by or on behalf of Single Fin Surf Travel and/or Casa Ohana. 
  2. Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
  3. The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the participant or of third parties.

Prices

  1. All prices used by Single Fin Surf Travel and/or Casa Ohana 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.
  2. Single Fin Surf Travel and/or Casa Ohana is entitled to adjust all prices for its products or services, shown on its website or otherwise, at any time.
  3. Increases in the cost prices of products or parts thereof, which Single Fin Surf Travel and/or Casa Ohana could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases. 
  4. The consumer 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.
  5. Single Fin Surf Travel and/or Casa Ohana has the right to adjust prices annually. 
  6. The consumer has the right to terminate the contract with Single Fin Surf Travel and/or Casa Ohana if he or she does not agree with the price increase.

Payments and payment term

  1. Single Fin Surf Travel and/or Casa Ohana may require a down payment of up to 50% of the agreed amount. The amount of the down payment must have been paid within 14 days after invoice date. Around 6 weeks before start of the course/service, a second invoice with the remaining amount can be expected. Just like the down payment; the amount must have been paid within 14 days after invoice date.
  2. Bookings within 14 days before start of course/service: The total amount should at least have arrived on the account of Single Fin Surf Travel and/or Casa Ohana before the start of the service/course.
  3. Payment terms are considered as fatal payment terms. This means that if the participant has not paid the agreed amount at the latest on the last day of the payment term, he is legally in default, without Single Fin Surf Travel and/or Casa Ohana having to send the participant a reminder or to put him in default.

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, Single Fin Surf Travel and/or Casa Ohana 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. Single Fin 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

The reservation is considered definitive after receiving the payment of the total amount by bank transfer. If the participants cancels (for any other reason than Corona related), the following policy details apply:

*6 weeks or more prior to start of course/service: 50% of the total amount will be refunded

*Between 2 and 6 weeks prior to start of course/service: 20% of the total amount will be refunded

*Between 1 and 2 weeks prior to start of course/service: 10% or the total amount will be refunded

*Less than 7 days prior to arrival: No refunds

Cancelling an activity, excursion or rental during the trip will not be refunded to the participant by Single Fin Surf Travel and/or Casa Ohana.

Performance of the agreement

  1. Single Fin Surf Travel and/or Casa Ohana executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. 
  2. Single Fin Surf Travel and/or Casa Ohana has the right to have the agreed services (partially) performed by third parties.

Duty to inform by the participant 

  1. The participant shall make available to Single Fin Surf Travel 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 Single Fin Surf Travel and/or Casa Ohana. The participant must inform Single Fin Surf Travel and/or Casa Ohana 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.
  2. 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. 
  3. If the participant provides incorrect information and this leads to additional costs for the Single Fin Surf Travel and/or Casa Ohana, these costs may be charged.

Intellectual property 

  1. Single Fin Surf Travel 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. 
  2. The participant may not copy or have copied the intellectual property rights without prior written permission from Single Fin Surf Travel, nor show them to third parties and / or make them available or use them in any other way.

Penalties 

  1. If the participant violates the articles of these general terms and conditions about secrecy or intellectual property, then he forfeits on behalf of Single Fin Surf Travel and/or Casa Ohana 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. 
  2. 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. 
  3. The forfeiture of the fine referred to in the first paragraph of this article shall not affect the other rights of Single Fin Surf Travel and/or Casa Ohana including its right to claim compensation in addition to the fine.

Liability

Single Fin Surf Travel and/or Casa Ohana will not held be responsible for damage as a result of delays, mechanical failure, weather conditions, natural influences, sickness or any other force which Single Fin has no influence of. Single Fin Surf Travel and/or Casa Ohana also have the right to cancel a course/service if force majeure occur. Single Fin Surf Travel and/or Casa Ohana 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 Single Fin and/or Casa Ohana’s material or third parties equipment. Participants are required to practice common sense, prudence and diligence. Single Fin Surf Travel and/or Casa Ohana 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. Single Fin Surf Travel and/or Casa Ohana cannot be held liable for this.

Dissolution

  1. The participant has the right to dissolve the agreement if Single Fin Surf Travel 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. 
  2. Single Fin Surf Travel and/or Casa Ohana 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. Single Fin Surf Travel and/or Casa Ohana 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. Single Fin Surf Travel and/or Casa Ohana 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

  1. Single Fin Surf Travel is entitled to amend or supplement these general terms and conditions. 
  2. Changes of minor importance can be made at any time. 
  3. Major changes in content will be discussed by Single Fin Surf Travel with the participant in advance as much as possible.
  4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions. 

Transfer of rights

  1. The participant cannot transfer its rights deferring from an agreement with Single Fin Surf Travel to third parties without the prior written consent of Single Fin Surf Travel . 

Consequences of nullity or annullability

  1. 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. 
  2. A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Single Fin Surf Travel 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 

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