General Terms and Conditions
1. Travel Conditions
Please carefully read the following terms and conditions which regulate the contractual relationship between you and the tour operator. With either your signature/reservation, the signature/reservation by a legal representative, or making the payment of an online booking, you fully accept the terms and conditions.
2. Creation of the Travel Contract
By registering, the customer bindingly offers the creation of a travel contract with the tour operator. The registration can only be done electronically (either via email or through the website). The contract is confirmed when the organiser accepts the registration of the customer in the space of two weeks by sending out a written acceptance/invoice.
A change in details of the written acceptance in comparison to the contents of the registration by the customer is considered a new offer by the tour operator, to which the organiser is tied for 14 days. The contract is created with the new offer once the customer accepts the offer by either explicitly confirming it or transferring money for the payment.
For special requests, contractual terms supplied by the customer, and oral agreements, the burden of proof concerning the creation of the contract lies with the customer, in cases where there is no written confirmation by the tour operator.
Travel agencies only function as intermediaries between the customer and the tour operator. Confirmations and all subsidiary agreements by the intermediaries are only valid after written confirmation by the tour operator. The organiser bears no liability for the intermediary work.
The full price of the booking must be transferred within 14 days after the written invoice is received, in order to guarantee enough time for the travel documents to be sent.
Confirmation of the bank transfer must be sent to the following email: firstname.lastname@example.org. Corresponding payment terms will be listed in the invoice.
The details of the contractual services are derived from the description of services in the physical flyer or the internet offer and from the specifications in the travel confirmation/ invoice. If the service descriptions differ between the flyer/internet offer and the travel confirmation/ invoice, the services of the travel confirmation/ invoice are correct. If it becomes apparent in the description that single services or complete trips belong to a third party, the third party is providing these services at its own responsibility.
5. Changes in Services and Prices
The organiser reserves the right to change the advertised and the booking confirmed prices in case of increased transportation costs or fees for special services like harbour or airport fees or a change in the exchange rate as following:
If the transportation costs rise, especially the fuel costs, the organiser is allowed to change the travel price in accordance to the following rules:
(1a) When a rise of the price is connected to the seat price the organiser has the right to ask the customer for the differential amount.
(1b) In other cases, the transportation companies demanded additional costs per transportation vehicle will be divided by the number of seats. The differential amount can be asked from the traveller.
(2) If the exchange rates change after the travel contract has been created, the travel price can be increased to the extent that the travel becomes more expensive for the tour operator.
(3) An increase is only permitted if there are more than four months between the creation of the contract and the agreed travel date, and the circumstances leading to the increase did not occur before the creation of the contract and were unforeseeable for the organiser upon creation of the contract.
(4) In case of a subsequent change to the travel price, the organiser has to inform the traveller immediately. Price increases from the 20th day before departure are not allowed.
(5) In the event of an increase in the travel price by more than 5 percent or a significant change in a travel service, the traveller can withdraw from the contract. Alternatively, as in the case of a cancellation of the trip by the trip organiser, the traveller may demand to participate in an at least equivalent alternative trip, if the organiser is able to offer such a trip, without additional charge to the original offer for the traveller.
6. Not Taking the Trip
The services of the travel contract can only be claimed by the customer if they arrive at the departure point at least 30 minutes before the departure time. In cases of late arrival or not taking the journey, the ticket expires and won’t be refunded.
The customer can withdraw from the booked bus trip at any time before the departure of the trip. In this case, the organiser can ask for reasonable compensation.
Cancellation fees are calculated by the time the tour operator receives the traveller’s cancellation:
Up until 30 days before departure: 20% of the travel price, per person.
29 to 22 days before departure: 30% of the travel price, per person.
21 to 15 days before departure: 40% of the travel price, per person.
14 to 7 days before departure: 65% of the travel price, per person.
6 to 2 days before departure: 85% of the travel, price per person.
1 day or less before departure or in case of not taking part in the trip without notification: 100% of the travel price, per person.
We point out to customers that the agreed cancellation fees (in detail above) will not come into effect if the customer proves in individual cases that no damage or impairment has arisen at all or substantially lower than the lump sum.
In addition, the customer is recommended to take out travel cancellation insurance.
The resignation itself can, in principle, be free of form. However, it is recommended that resignation is done so in writing for reasons of proof.
As a matter of principle, rebooking is charged to the participant or the person making the rebooking at the amount of the resulting costs, but with a minimum processing fee of 25€. Changes to the departure date or destination are considered cancellations. The organiser is entitled to charge the resulting costs.
Changes to the length of stay or the booking of additional services are free of charge, provided they result in an increased travel price. Only the additional money owed, due to the price increase, will be charged.
Up until the date of departure, the customer can be replaced by a third party. The name change will incur a handling charge of 25€ per participant. However, the organiser may object to the change of traveller if the third party does not meet specific travel requirements, legal regulations or if official orders oppose.
9. Resignation by the Tour Operator
In the following cases, the organiser may withdraw from the travel contract prior to departure, or terminate the travel contract or individual travel services after travel departure:
a) Without observing a period of grace, if the traveller continues to disturb the running of the trip despite a warning from the tour operator, tour guide or service provider.
Also, without observing a period of grace, if the traveller behaves contrary to the contract to such an extent that the immediate cancellation of the contract or the exclusion of individual travel services is justified, or the continuation of the contract is unreasonable for the tour operator.
The organiser reserves the right to the travel price minus any expenses saved.
b) Without observing a period of grace in the event of late payment by the traveller, if the traveller does not fulfil their obligations without delay despite a written reminder and reference to the right of withdrawal.
c) Up until four weeks before the start of the journey if the advertised or officially stipulated minimum number of participants is not reached. In this case, the organiser is obliged to inform the customer immediately about the occurrence of the conditions for the non-execution of the trip. The paid travel price will be reimbursed immediately without any deductions. No further claims can be made. The customer has the right to request to participate in an at least equivalent trip, in accordance with clause 5 (5).
d) If the reasons for the cancellation of the trip are not accountable to either the organiser nor other service providers, or if the journey is impeded by obstacles that cannot be eliminated by the organiser or only at disproportionately high costs. In such cases, all payments will be reimbursed immediately without deduction.
e) If the journey is made considerably more difficult, endangered or impaired due to exceptional circumstances that are unforeseeable upon making of the contract (e.g. riot, natural disasters, etc.), both parties can terminate the contract without notice. For services already provided or services still to be provided for completion of the journey, the organiser may demand the pro rata travel price.
The organiser is liable for:
a) The conscientious travel preparation.
b) The careful selection and monitoring of the service providers.
c) The correctness of the service descriptions.
d) The proper provision of the contractually agreed travel services according to the local and national laws and regulations of the respective destination. The liability of the organiser is limited to a maximum of three times the travel price, so long as the damages are not intentional, nor caused by gross negligence or so long as the damages are only responsible to the organiser because of a fault of a service provider. Excluded from this limitation of liability to triple the travel price is body damage. A claim for damages against the organiser is excluded or limited in accordance with international conventions or when legal regulations are to be applied to the services to be provided by a service provider whose liability is also excluded or limited. The organiser is not liable for performance disturbances in connection with services that are merely mediated as third-party services or are marked as third-party services in the travel advertisement or confirmation/invoice. The liability of the organiser in these cases is limited to the careful selection of the third party company, but not to the provision of services. Any costs/inconvenience caused by the tour operator, e.g. due to delays, congestion, technical defects, human error, border management, etc. incurred, will not be reimbursed by the tour operator. The organiser is not liable for damages caused to the traveller by force majeure, war or terrorist attacks. The organiser is not liable for statements made by intermediaries that are not confirmed in writing by the organiser. The organiser is not liable for travel descriptions in Internet portals of travel agents or self-tenders of travel agents, if they were not expressly approved by the organiser in writing.
e) The liability for damage to property is limited to a maximum amount of triple the travel price for all claims against the organiser for damages against tort, which are not caused by intent or gross negligence. These maximum liability limits apply per traveller, per journey. Any further claims in connection with baggage under the Montreal Convention remain unaffected by the restriction.
11. Duty to Cooperate
In the event of any disruption of services, the traveller is obliged to do everything reasonable to help correct the incident and to minimize any damage that may occur. The traveller is obliged to report complaints related to the travel services that are to be provided by the organiser to the tour guide immediately, so that the can sort the problem. If an improvement within a reasonable time is not possible, the tour guide is not authorized to acknowledge claims for non-contractual provision of travel but must make a short transcript of the complaints submitted. With this transcript, the examination of potential claims is possible, without transcription of the complaints it is considerably more difficult.
12. Exclusion and Limitation of Claims
Claims for non-contractual provision of travel must be asserted within one month after the contractually agreed termination of the trip. This should be done in writing. After expiry of this deadline, the traveller can only assert claims if they were prevented from adhering to the deadline by no fault of their own.
Claims of the traveller of injury to life, limb or health, which are based on an intentional or negligent breach of duty by the organiser or a legal representative or vicarious agent of the tour operator, shall lapse after two years.
This also applies to claims for compensation for other damages that are based on an intentional or grossly negligent breach of duty by the organiser or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the tour operator. The statute of limitations according to the preceding paragraphs begins with the day following the date of the end of contractual travel.
13. Ineffectiveness of Individual Provisions
These travel conditions are part of the travel contract. The ineffectiveness of individual propositions of the travel contract or the travel conditions doesn’t lead to the ineffectiveness of the entire travel contract or the entire travel conditions.
14. Passport-, Visa- and Health Regulations
a) The organiser shall inform nationals of the state in which the travel is offered about provisions of passport, visa and health regulations prior to formation of the contract as well as any changes prior to departure. The responsible embassy provides information for nationals of other states.
b) The traveller is responsible for organizing and carrying the necessary travel documents, any necessary vaccinations and compliance with customs and foreign exchange regulations. Disadvantages resulting from non-compliance with these regulations, e.g. the payment of cancellation fees are at his expense. This does not apply if the organiser has culpably failed to inform, inadequately informed or misinformed.
Jurisdiction for actions against the organiser is Santa Cruz de Tenerife. For complaints by the organiser against the traveller whose domicile is decisive. For actions against customers or contractual partners of the tour operator, the merchants, legal entities of public or private law or persons who are domiciled or ordinarily resident abroad or whose domicile or habitual residence at the time of the action is not known, the place of jurisdiction shall be Santa Cruz de Tenerife. These provisions shall not apply if and to the extent that provisions of international treaties which are to be applied to the travel contract between the customer and the organiser result in something else in favour of the customer and if and to the extent applicable to the travel contract, non-mandatory provisions in the Member State of the EU to which the customer belongs are more favourable to the customer than the rules in these travel conditions.
16. Tour operator
SURF TRAVEL AND ADVENTURES, S.L. CIF: B76588490
Urbanizacion Royal Park Num. 8 – Corralejo
35660 La Oliva – Las Palmas de Gran Canaria – Spain España
Telephone: 0043 664 38 71 270