Registration has to take place via e-mail or in written form. The writer who registers herself/himself and all the other listed participants takes liability for fulfilling the contract.
The registration becomes effective when the registration form is received and confirmed to the customer by e-mail by the organizer, here in after also called Atlantic Coast Surf School. After receiving the booking Atlantic Coast Surf School will confirm the customer’s booking by e-mail and furthermore informs the customer of the deposit and the account number. The contract shall be formed when the company acknowledges acceptance of the required payment.
Applicants under 18 need to provide a permission of their parents.
After you have sent us the booking form you will receive a confirmation email. At the same time an advance payment is to be transferred. An entitlement to participate does not arise until the money has been received. The participant subsequently receives a confirmation of registration, directions as well as tips on preparing for surfing and on holiday equipment. All money transfers must state the name of the participant.
TERMS OF PARTICIPATION / LEGAL OBLIGATION OF SUPERVISION
General Terms & Conditions
Eligibility Requirements and Responsibility for Defects
The customer has to take the following into account:
Surfing is a perilous (high-risk) sport,
There is a high risk of injuring yourself and/or others.
The customer has to act according to the instructors without exception.
Atlantic Coast Surf School will be not be held responsible for any person and damages to property as a result of negligence.
You must ensure that the details provided by you on registration or at any time are correct and complete.
Good swimming skills and a certain amount of fitness are essential for taking part. Customers participating in courses must expect to be involved in adventurous and sometimes strenuous activities. Although prior experience and/or training is not necessary on all the courses, customers are expected to be in good general health.
The participant expressly declares that there are no medical objections to his/her participating in surfing.
The customer must satisfy him/herself that taking part in the course is within his/her own capabilities. The organizer reserves the right to refuse a booking on medical grounds if it is considered to be detrimental to their safety and smooth running of the course. We suggest to contact a doctor before your trip in case of possible discomfort
The organizer does not assume any legal obligation to supervise minor participants, with the exception of his existing statutory duty to maintain safety.
For taking part in the surf course you have to be over eighteen years of age. Any customer under the age of 18 years must have the written permission of his/her parent or guardian before being able to take part in any course offered by the company. The parent hereby declares his child mature and liable enough to participate in the surf camp.
The company does not take over any duty of supervision, except legal road traffic regulations. The parent or guardian need to be aware and accept the risks involved in adventure activities and satisfy themselves accordingly.
The organizer is not liable for dangers bound to surfing. The participant has to accept these dangers.
Participation in the course, the journey to the course, the utilization of the services named as well as the stay lie in the participant’s own responsibility. The organizer is not liable for dangers inevitably linked with surfing and that are knowingly accepted by the participant, nor for such damage or injury caused to the participant during surfing though the fault of other course participants or third parties. Any liability for loss and damage to the property of the participant on the part of the organizer is excluded. Property belonging to the customer is at all times the responsibility of the customer.
The equipment is to be handled properly. The customer is responsible for the safekeeping of all equipment issued for use during the course. Any property of Atlantic Coast Surfschool has to be used carefully and orderly by the customer.
In the case of grossly negligent damage and loss the participant is liable for the resultant damage.
The company reserves the right to charge for equipment that has been lost or misused.
Any injury or illness occurring between the time of the declaration and the commencement of the course must be reported.
If other companies are instructed with carrying out additional services, then these companies take over liability for claims in connection with these services.
LIMITATION OF LIABILITY
The contractual liability of the organizer for damage is limited to threefold of the course price, in as far as damage to the participant was caused neither with intent nor grossly negligently. Atlantic Coast Surf School is insured against liability in accordance with Portuguese law.
Atlantic Coast Surfschool, its partners and its staff only take liability for accidents and accidental damage if an insurance bears the damages without liability of the above mentioned. Each further liability of the above mentioned for damages to the participant are excluded and the participant takes over liability of damages caused to other parties. Liability is excluded independent from any legal ground, time of damage, person of the injuring and injured party, circumstances of actions leading to damage or damaging event as well as their causes and form.
CANCELLATION AND RESCISSION BY ATLANTIC COAST SURF SCHOOL
In the following cases the organizer can rescind the contract before commencement of the course or cancel the contract after the event has started: Without a time limit: If the participant lastingly disturbs the realization of the course despite having received a warning or if the participant behaves in such a degree contrary to the contract that immediate cancelation of the contract is justified. If the organizer cancels the contract, he remains entitled to the course price.
Customers must follow the instructions set by organizer. In case of acting inappropriately and thus putting the reputation or the integrity of the other customers or organizer at risk, the customer can be excluded from the course at any time. In this case the fee paid will not be refunded.
CANCELLATION / RESCISSION BY THE PARTICIPANT
The participant can withdraw from the course at any time by means of a written declaration. The arrival of the declaration of withdrawal at MS is decisive.
If the participant rescinds the contract or does not start the journey, Atlantic Coast Surfschool can demand reimbursement of expenses.
The customer will be charged on the following basis:
An administrative cost of € 25.00 per course/substitution where cancellation takes place with more than 3 months notice or substitution of the original customer for another is made.
If a third party enters the contract, then he/she and the original participant are jointly and equally liable for the total course fee.
Up to 28 days before the course beginning booking deposit. The organizer retains entitlement to the course price also for the case of responsible bodily harm of the participant occurring.
ALTERNATIVE PARTICIPATION / REBOOKING
Until the course begins the participant can demand that a third party take over the rights and duties from the course contract in his/her stead. In this case an amount of EURO 15 for changing the course documents is to be paid by the participant per rebooking to a third party. The organizer can reject the taking over by the third party if the person does not fullfill the special course requirements or if statutory regulations contradict his/her participation. If a third party takes over the contract, the third party and the original participant are liable towards the organizer as joint debtors for the course price and the additional costs caused by the third party taking over. If rebooking is carried out at the wish of the participant, a fee of EURO 15 per participant is to be paid.
Travel cancellation insurance is not included in the price. It is advisable to conclude one. In addition, the conclusion of an insurance package is advisable.
MINIMUM NUMBER OF PARTICIPANTS
There is no minimum number of participants.
CHANGE IN THE COURSE OF THE EVENT
Changes in the course of the event cannot be excluded. The course program can be changed in the case of dangers resulting from the weather. Changes of the timetable due to risks caused short-term and on-site relocation can therefore be necessary.
Atlantic Coast Surfschool does not accept any responsibilities and any pay backs when the services cannot be provided, due to circumstances beyond the control of the company. These are unusual and unpredictable circumstances with unexpected consequences such as natural disasters or meteorological aspects etc.
The participant declares his/her agreement that the organizer can render a service free of faults or amend the faulty service within an appropriate period in lieu of the participant’s entitlement to redhibitory action or price reduction. Redress can be effected in the manner that the fault is eliminated or that an equivalent or higher-quality service to which the participant also expressly agrees is rendered. Notice of fault is to be given on site to the local tour representative. Atlantic Coast Surfschool can refuse redress if it requires an unreasonable effort or costs. In case of defaults in performance occurring, the participant is obliged to cooperate within the framework of the legal requirements to avoid any damage or reduce it. The participant is obliged in particular to inform the local tour representative immediately of his/her complaint. The representative is authorized to redress in as far as this is possible.
EXCLUSION OF CLAIMS / LIMITATION PERIOD
Claims based on faulty course performances, subsequent impossibility and due to breach of secondary obligations have to be asserted against the organizer within one month after the contractual termination of the course. After the deadline has expired, claims can only be asserted if the participant was not able to observe the specified deadline through no fault of his/her own.
Asserting a Claim
Place of jurisdiction – for all calms concerning the business conections – is the court in Portugal. Portuguese law is effective.
If any individual clause or clauses is/are null and void, the validity of the course contract or the remaining clauses of this document (terms and conditions) remains unaffected.
Atlantic Coast Surfschool doesn’t take any liability for accuracy, timeliness and completeness of the information on this website. Atlantic Coast Surfschool is not under any liabilty whatsoever in respect of damages arisen from the use of this website. Atlantic Coast Surfschool believes that the content of this website is correct at the time of publishing but all prices and services described herein are subject to change or withdrawal without notice. Atlantic Coast Surfschool is not responsible for websites you can reach by links on the Atlantic Coast Surfschool Website. Atlantic Coast Surfschool is only the operator.
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