TERMS AND CONDITIONS

§1 Conclusion of the Travel Contract

(1) By submitting the registration, the customer makes a binding offer to the tour operator SoulSurfcamp, LDA (hereinafter referred to as “you” or “the tour operator”) to enter into a travel contract.

(2) The registration may be made in writing, orally, by fax, or electronically (email, internet). The registering customer is liable for the obligations of all other travelers listed in the registration under the travel contract, provided that the customer has assumed such liability through an explicit and separate declaration.

(3) A travel contract is concluded upon acceptance by the tour operator SoulSurfcamp, LDA. Acceptance by SoulSurfcamp, LDA does not require any specific form. Upon or immediately after the conclusion of the contract, SoulSurfcamp, LDA will send the customer a written travel confirmation.

(4) If the content of the travel confirmation differs from the content of the registration, this constitutes a new offer from SoulSurfcamp, LDA, to the SoulSurfcamp, LDA, is bound by this offer for a period of 10 days. The travel contract is then concluded on the basis of this new offer if the customer accepts it within this period. The customer may accept the offer either expressly or by implied conduct, such as by making a down payment, paying the balance, or commencing the trip.

§2 Definition

(1) For the purposes of these Terms and Conditions, “consumers” are natural persons who enter into a business relationship with SoulSurfcamp, LDA, provided that such a relationship is not attributable to their commercial or self-employed professional activities.

(2) For the purposes of these Terms and Conditions, “business entities” are natural persons, legal entities, or partnerships with legal capacity that enter into a business relationship with the Agency in the course of their commercial or self-employed professional activities.

(3) The organizer, as defined in these Terms and Conditions, is SoulSurfcamp, LDA.

§3 Payment

(1) Payments toward the trip price prior to the end of the trip may only be made upon presentation of the security certificate as defined in § 651 k (3) of the German Civil Code (BGB). A deposit of 10% of the total trip cost is due immediately upon receipt of the trip confirmation. The deposit must be paid to the business account listed below at SoulSurfcamp, LDA, and will be applied toward the total trip price. The deposit must be received in the business account within 14 days.

(2) The balance of the trip price is due 14 days before the start of the trip and must be paid once it is confirmed that the trip will take place. The balance must be paid without being asked by Payment must be received by SoulSurfcamp, LDA. The date on which the payment is credited to the tour operator’s account shall determine whether the payment was made on time.

(3) For last-minute bookings made less than two weeks before the start of the trip, the total trip price is due immediately upon receipt of the booking confirmation and must be paid to the tour operator.

(4) Failure to make the down payment and/or the balance shall have no effect on the validity of the travel contract. To the extent that If SoulSurfcamp, LDA is ready and able to provide the service, the customer has no right to receive the travel service without full payment of the travel price. This does not apply to the customer’s statutory or contractual rights of retention.

(5) If the trip price remains unpaid despite being due and despite a deadline set by SoulSurfcamp, LDA, SoulSurfcamp, LDA may refuse to carry out the trip and charge the customer cancellation fees in accordance with Section 4.

§4 Services

(1) The services agreed upon in the contract are set forth in the service descriptions in the brochure and/or on the website of SoulSurfcamp, LDA, and the related information in the travel confirmation. The information contained in the brochure or on the website is for SoulSurfcamp, LDA binding.

(2) SoulSurfcamp, LDA expressly reserves the right to amend the information contained in the brochure prior to the conclusion of the contract for objectively justified, substantial, and unforeseeable reasons; the customer will be informed of such changes before booking.

(3) If a customized itinerary is prepared at the customer’s request, the obligation to provide services arises exclusively from the specific offer made to the customer and the corresponding confirmation of registration.

§5 Withdrawal by the Customer/Cancellations/Rescheduling/Substitutes

(1) The customer may, at any time prior to the start of the trip, by providing notice to SoulSurfcamp, LDA may cancel the travel contract. The date the tour operator receives the notice of cancellation is decisive. Customers are advised to submit their notice of cancellation in writing.

(2) In the event of cancellation by the customer, SoulSurfcamp, LDA is entitled to lump-sum compensation, taking into account expenses that would normally have been saved and the possible alternative use of the travel services.

(3) The following rates apply:

For cancellations made up to 45 days before the start of the trip, a cancellation fee of 25.00 EUR per person will be charged.

For last-minute cancellations, the following fees apply per person:

– 44th – 31st day before the start of the trip: 10% of the total amount as stated in the booking confirmation,
– 30th to 21st day before the start of the trip: 30% of the total amount as stated in the booking confirmation,
– 20th to 11th day before the start of the trip: 40% of the total amount as stated in the booking confirmation, and
– starting on the 10th day before the start of the trip: 60% of the total amount as stated in the booking confirmation.

Starting the day before the trip begins and in the event of a no-show, SoulSurfcamp, LDA will charge 80% of the total amount as stated in the guest’s booking confirmation.

If the remaining balance is not received by the deadline, the down payment will be considered a cancellation fee.

(4) The customer is permitted to notify the tour operator SoulSurfcamp, LDA must prove that it actually incurred no costs or costs lower than the flat-rate fee claimed. In this case, the customer is only obligated to pay the costs actually incurred.

(5) SoulSurfcamp, LDA reserves the right, on a case-by-case basis, to charge a higher amount of compensation corresponding to the costs it has incurred, which must be specifically quantified and documented for the customer.

(6) There is no legal right to changes regarding the travel dates, destination, accommodations, or meal plan (rescheduling). If rescheduling is carried out at the customer’s request after the contract has been concluded, SoulSurfcamp, LDA charges a rebooking fee of 50.00 EUR per change up to 30 days before the start of the trip. Requests for rebooking made after this deadline can, if at all possible, only be processed after canceling the travel contract under the above conditions and simultaneously submitting a new booking. This does not apply to rebooking requests that incur only minor costs.

(7) If the customer is unable to take the trip, he or she may, up until the start of the trip, designate a substitute who will assume the rights and obligations under the travel contract in his or her place. The customer must notify the tour operator of the substitute in advance. The tour operator reserves the right to refuse this person if they do not meet the specific requirements of the trip, if their inclusion is not possible for organizational reasons, or if their participation is prohibited by law or official orders. The substitute who enters into the contract and the original customer are liable to the tour operator for the tour price and, as joint and several debtors, for all additional costs incurred as a result of the substitute’s entry into the contract.

(8) Additional rules during the COVID-19 pandemic:

Our General Terms and Conditions continue to apply. Should prior to arrival the regulations governing travel to SoulSurfcamp change—for example, in the form of travel restrictions for Portugal and/or for the country of origin and/or canceled and/or rescheduled flights (and others)—our regulations regarding cancellation of the stay, as summarized in §5 of the General Terms and Conditions, will continue to apply. This provision applies to all changes and/or cancellations resulting from and/or caused by the COVID-19 pandemic prior to arrival at SoulSurfcamp Portugal.

If a guest or group decides to leave early, after the stay has already begun – for example, if travel regulations change during the stay and/or flights are rescheduled and/or canceled (by the airline and/or by the guest) – SoulSurfcamp, LDA the full cost of the stay as stated in the guest’s booking confirmation (excluding training, rentals, and transfers). This policy applies to all changes and/or cancellations that occurred and/or were caused by the COVID-19 pandemic during the stay.

It is up to SoulSurfcamp, LDA to decide whether to issue vouchers for the remaining balance. This decision is made solely by the owner and/or her legal representatives. This policy applies only to trip cancellations due to the pandemic.

§6 Insurance

SoulSurfcamp, LDA recommends purchasing travel cancellation insurance as well as international health insurance.

§7 Refunds for Unused Services During Normal Operations

(1) If the customer does not make use of individual travel services (accommodation/surf lessons/rental/transfer) due to an early return, SoulSurfcamp, LDA is not obligated to refund any payments already received. No refund will be issued by SoulSurfcamp, LDA. If payment for the services that were agreed upon (verbally and/or in writing) but not used has not yet been made, the guest is obligated to pay the outstanding amount.

(2) If a guest does not make use of services booked in advance and/or agreed upon verbally and/or in writing during their stay, the guest is obligated to pay in full for the unused services. If payment for the services has already been made, there is no entitlement to a refund. No refund will be issued by SoulSurfcamp, LDA. If the services have not yet been paid for, the guest is obligated to pay the full amount for the services.

(3) Surf lessons, sessions, or private sessions that are canceled due to weather conditions (bad weather, poor conditions, etc.)—where the decision regarding whether instruction can be conducted safely and effectively rests solely with SoulSurfcamp, LDA and its legal representatives—will not be refunded. In this case, SoulSurfcamp, LDA will issue vouchers for the outstanding training sessions and provide these vouchers to the guest, which the guest can use during their next visit to SoulSurfcamp Portugal. No monetary refunds will be issued for canceled surf courses, sessions, or individual sessions. The same policy applies to equipment rentals. If the guest has not yet made payment, the guest is obligated to pay the outstanding balance.

§8 Withdrawal and Termination by the Tour Operator

SoulSurfcamp, LDA may withdraw from the travel contract before the start of the trip or terminate the travel contract after the trip has begun in the following cases:

1. Without notice:

If the customer persistently disrupts the trip despite a warning from the tour operator, or if the customer acts in such a manner that is in breach of the contract to the extent that immediate termination of the contract is justified. The local representatives of SoulSurfcamp, LDA are authorized in such cases to exercise the rights of SoulSurfcamp, LDA. If SoulSurfcamp, LDA, cancels the trip, it retains the right to the travel price; however, it must deduct the value of any savings it realizes from using the unused services for other purposes, including any amounts credited to it by service providers.

2. Up to two weeks before departure:

If the advertised or officially stipulated minimum number of participants is not reached, SoulSurfcamp, LDA may withdraw from the travel contract if the travel brochure for the trip in question specifies a minimum number of participants. If, after SoulSurfcamp, LDA has exhausted all possibilities, it becomes unreasonable to carry out the trip because the number of bookings for this trip is so low that, were the trip to take place, the resulting costs would exceed the economic threshold of sacrifice for this trip, the customer will be promptly refunded the trip price paid. The notice must be sent to the customer immediately after the conditions are met, and the travel price must be refunded immediately.

3. Up to 4 weeks before departure:

If, after exhausting all possibilities, it is not reasonable for SoulSurfcamp, LDA to carry out the trip because the number of bookings for this trip is so low that doing so would require the tour operator to exceed the limit of economic sacrifice, the tour operator may cancel the trip. However, the right to cancel applies at this point only if SoulSurfcamp, LDA is not responsible for the circumstances leading to the cancellation (e.g., no calculation errors), provides evidence of the circumstances leading to the cancellation, and has offered the customer a comparable alternative. If the trip is canceled for this reason, the customer will be promptly refunded the travel price already paid. In addition, the customer will be reimbursed for the cost of the booking if the customer does not accept an alternative offer from the tour operator.

§9 Termination of the Contract Due to Extraordinary Circumstances

If the trip is significantly impeded, endangered, or disrupted as a result of force majeure that could not have been foreseen at the time the contract was concluded, both the tour operator and the customer may terminate the travel contract. If the contract is terminated, the tour operator may demand reasonable compensation for the travel services already provided or those still to be provided to complete the trip.

The tour operator is obligated to take the necessary measures, in particular—if the contract includes return transportation—to transport the customer back. Any additional costs incurred for the return transportation shall be borne equally by the parties. In all other cases, however, the additional costs shall be borne by the customer.

§10 Customer Obligations and Termination, Warranty, Exclusion of Claims, Limitation Period

(1) In the event that the trip is not provided in accordance with the contract, the customer may demand remedial action. The tour operator, SoulSurfcamp, LDA, may refuse remedial action if it requires disproportionate effort. The tour operator may also provide remedial action by furnishing an equivalent or higher-quality substitute service. Any defects that occur must always be reported immediately to the local tour guide/representative or to the address/telephone number given below.

(2) If a trip is significantly impaired as a result of a defect and the tour operator fails to provide remedial action within a reasonable period, the customer may, within the scope of the statutory provisions, terminate the travel contract; a written declaration is recommended.

(3) SoulSurfcamp, LDA hereby informs the customer of the customer’s obligation to report any defect that occurs without delay, and that, prior to terminating the travel contract (§ 651e BGB [German Civil Code]), a reasonable period must be set for remedial action, unless remedial action is impossible or is refused by the tour operator, or unless immediate termination is justified by a particular interest. The customer owes the tour operator the portion of the travel price attributable to the services used, insofar as those services were of value to the customer.

(4) Where the trip is not provided in accordance with the contract (defect), the customer may claim damages irrespective of any reduction in the travel price or termination, unless the defect is due to a circumstance for which the tour operator is not responsible.

(5) Warranty claims under the travel contract must be asserted against the tour operator at the address of SoulSurfcamp, LDA given below within one month of the contractually scheduled end of the trip. After this one-month period has expired, the customer may only assert claims if they were prevented from meeting the deadline through no fault of their own, or if the claims are tortious in nature. Customer claims against SoulSurfcamp, LDA under §§ 651c–651f BGB become time-barred after two years. The limitation period begins on the day on which the trip was scheduled to end under the contract. If negotiations are ongoing between the customer and the tour operator regarding the claim or the circumstances giving rise to the claim, the limitation period is suspended until the customer or the tour operator refuses to continue the negotiations.

§11 Duty to Cooperate

The customer is obliged, within the scope of the statutory provisions on the duty to mitigate damages, to cooperate in the event of service disruptions, to avoid any damage, or to keep it to a minimum. In particular, the customer is obliged to bring any complaints to the attention of the local tour guide/representative without delay. If the customer culpably fails to report a defect, no claim for a price reduction will arise.

§12 Liability of the Tour Operator and Limitation of Liability

(1) The contractual liability of the tour operator, SoulSurfcamp, LDA, for damages that are not personal injury is limited to three times the travel price per trip and per customer,

a) insofar as damage to the customer is caused neither intentionally nor through gross negligence, or
b) insofar as the tour operator is responsible for damage incurred by a customer solely due to the fault of a service provider.

(2) For all tortious claims for damages against the tour operator that are not based on intent or gross negligence, the tour operator’s liability for property damage is limited to €4,100; if three times the travel price exceeds this amount, the tour operator’s liability for property damage is limited to the amount of three times the travel price per trip and per customer.

(3) The above limitations of liability against the tour operator are limited or excluded to the extent that, under international conventions or statutory provisions based thereon that apply to the services to be provided by the service provider, a claim for damages against the service provider may only be asserted under certain conditions or limitations, or is excluded under certain conditions; the tour operator is entitled to rely on this vis-à-vis the customer.

§13 Passport, Visa, and Health Regulations

(1) SoulSurfcamp, LDA informs the customer of passport, visa, and health regulations, as well as any changes to these, prior to departure. This assumes that the customer is a citizen of the Federal Republic of Germany. Other circumstances relating to the customer’s personal situation cannot be taken into account unless they have been expressly communicated to SoulSurfcamp, LDA.

(2) In particular, for desert trips to Tunisia, an adult customer requires a passport that remains valid for at least 3 months from the date of departure. Children require a children’s passport with a photograph, valid for the same minimum period.

(3) The customer is personally responsible for complying with all regulations and provisions relevant to the performance of the trip. Any disadvantages arising from failure to observe these regulations shall be borne by the customer, except where the tour operator has culpably failed to fulfill its duty to provide information.

(4) The customer must inform themselves about customs and currency regulations.

§14 Price Adjustments

(1) SoulSurfcamp, LDA reserves the right to change the price agreed in the travel contract in the event of an increase in transportation costs or in charges for certain services, such as port or airport taxes, or a change in the exchange rates applicable to the trip in question. If transportation costs increase, in particular fuel costs, the travel price may be increased in accordance with the following calculation:

a) In the case of an increase related to a seat, SoulSurfcamp, LDA may demand the increased amount from the customer. In other cases, the increased transportation costs demanded are divided by the number of seats of the agreed means of transportation. The resulting increase per individual seat may be demanded from the customer.
b) If charges such as port or airport tax are increased vis-à-vis SoulSurfcamp, LDA, the travel price may be increased by the corresponding proportional amount.
c) In the event of a change in exchange rates, the travel price may be increased to the extent that the trip has become more expensive for SoulSurfcamp, LDA as a result.

(2) However, an increase in the travel price is only permissible if more than 4 months lie between the conclusion of the contract and the agreed travel date, and the circumstances leading to the increase had not yet occurred prior to the conclusion of the contract and were not foreseeable by SoulSurfcamp, LDA at the time the contract was concluded.

(3) In the event of a subsequent change to the travel price or a subsequent change to a material travel service, SoulSurfcamp, LDA must notify the customer without delay. Any price increase demanded from the 20th day before the agreed travel date onward is invalid. In the event of price increases of more than 5%, or in the event of a significant change to a material travel service, the customer is entitled to withdraw from the travel contract free of charge or to demand participation in at least an equivalent alternative trip, provided SoulSurfcamp, LDA is able to offer such a trip from its own travel range without any additional cost to the customer.

§15 Data Protection

(1) The customer acknowledges and consents to the fact that the personal data required to carry out the contractual relationship will be stored by the tour operator on data storage media and, where applicable, passed on to affiliated companies as part of order processing. The customer expressly consents to the collection, processing, and use of their personal data.

(2) The stored personal data will, of course, be treated confidentially by the customer’s counterpart [i.e., the tour operator]. For the purpose of credit checks, the tour operator reserves the right to exchange data with credit reporting agencies.

(3) The collection, processing, and use of personal data is carried out in compliance with the Federal Data Protection Act (BDSG) and the Teleservices Data Protection Act (TDDSG).

(4) The customer has the right to withdraw their consent at any time with effect for the future. In this case, the tour operator is obliged to delete the customer’s personal data immediately. In the case of ongoing contractual relationships, deletion takes place upon termination of the contract.

§16 Applicable Law, Severability, Place of Jurisdiction

(1) The travel contract is governed exclusively by German law.

(2) The invalidity of individual provisions shall not result in the invalidity of the entire travel contract.

(3) The tour operator, SoulSurfcamp, LDA, may be sued at its registered office. The tour operator may sue the customer at the customer’s place of residence.

(Last updated: 16.03.2015)

SoulSurfcamp, LDA

Managing Director:

Avenida do Mar 180
2520-101 Ferrel, Peniche
Portugal

Tel: +351 262 098 744
contact@soulsurfcamps.com
http://soulsurfcamps.com

Bank Details

Novo Banco
IBAN: PT50 0007 0000 0026 0366 7222 3
BIC: BESCPTPL

Tax ID (Portuguese NIPC): 513469702

Alternative Dispute Resolution pursuant to Art. 14(1) ODR Regulation and § 36 VSBG:

We are not obligated, and are generally not willing, to participate in dispute resolution proceedings before a consumer arbitration board.