General Terms & Conditions
1. Conclusion of a contract
With the registration the participant (registrant) bindingly offers Riders Surf ‘n Bike the conclusion of a travel contract. The registration can can be carried out in writing or electronically (by e-mail). It is made by the registrant and includes all in the registration mentioned participants for whose contractual obligations the registrant assumes responsibiliy as well as for his own. The contract comes about with the confirmation of Riders Surf ‘n Bike (Riders Surf School). The confirmation does not require a specific format and can be made by e-mail. Immediately after the confirmation by the service providers towards Riders Surf ‘n Bike, Riders Surf ‘n Bike will issue a booking confirmation. If the content of the booking confirmation differs from the original content of the registration this constitutes a new offer from Riders Surf ‘n Bike (Riders Surfschool). The contract comes about based on this new offer if the registrant declares his acceptance within 10 days. This may differ from the information published online. In this case, the in the travel confirmation agreed services apply.
2. Terms of payment
After the receipt of a down payment of at least 20% of the total amount the booking will be confirmed. The full fee becomes due no later than one week prior to the start of the respective service. It can be transfered to the account of Riders Surf ‘n Bike or paid in cash before the start of the service. The travel documents will be sent to the participant immediately after the receipt of the down payment but no later than four weeks before departure.
IBAN:ES88 2100 6386 3202 0002 9103
The service descriptions apply according to the internet publication www.riders-surfnbike.com and according to the referring specifications or modifications of the the travel confirmation. Riders Surf ‘n Bike reserves the express right to make modifications before the conclusion of the contract for objectively justified, significant not predictable reasons. The traveller will be informed about such modifications before the booking. The material required for the participation in the lessons will be provided free of charge. In case of loss or negligant handling the participant is liable for the fair value or adequate replacement. Arrival and departure will be organised by the travellers independently and are not part of the service of Riders Surf ‘n Bike.
4. Changes in performance and price increases
Any changes or deviations of individual travel services from the agreed upon content of the contract that occur after contract conclusion and are not caused by Riders Surf ‘n Bike in bad faith are permitted, as long as they are not substantial and do not compromise the overall arrangement of the booked service. Riders Surf’n Bike is obligated to immediately inform the participant of any changes in the services provided insofar as the changes are not only marginal. In case of a subsequent change in prices or changes in the essential services Riders Surf ‘n Bike is obligated to inform the participant immediately or at least 20 days before the start of the travel. Augmentations in price after this point are not permitted.
5. Cancellation of the contract by the customer
The customer can cancel the travel at any point before the start of the travel. The decisive factor is the date the cancellation is received by Riders Surf ‘n Bike. Cancellations must be submitted in writing and becomes effective from the day it reaches Riders Surf ‘n Bike. If the customer withdraws from the travel contract Riders Surf ‘n Bike is authorized to demand reimbursement for any arrangements it has made and expenses it has incurred. For the calculation of such compensation, the normal savings in expenditure and the possible other use of the travel services must be taken into account. Riders Surf ‘n Bike can estimate its claim for reimbursement at a flat rate in percentages of the price of the service, considering the following guidelines concerning the time of withdrawal in relation to the start the service as stated in the contract. For Rider Surf ‘n Bike the following scale applies (in percentage of the travel price):
- until 30 days before the date of departure 20%
- until 15 days before the date of departure 40%
- until 8 days before the date of departure 60%
- less than 8 days before the date of departure 100%
Requests for rebooking by the customer are respected if possible, charged with a fee of 30 EUR and treated like a cancellation of the travel contract according to the stated withdrawal charges with a simultaneous re-registration. Until the date of departure the customer can request a third party take over his rights and duties of the booking. Riders Surf ‘n Bike may object to the third party on the grounds of just cause. This kind of rebooking will be charged with a fee of 30 EUR, a claim is not guaranteed. If a third party enters into the contract, then he/she and the registrant are jointly and severally liable towards Rider Surf ‘n Bike in respect of the travel price and the additional costs incurred by the entrance of the third party.
6. Cancellation and termination by Riders Surf ‘n Bike
Riders Surf ‘n Bike may withdraw from the contract before the date of departure or termiate the contract after commencement of the travel in the following cases:
- without observing a notice period if the traveller signiffically disrupts the services in spite of a warning from Riders Surf ‘n Bike or its representatives (e.g. does not follow the surf teacher’s instructions), or behaves contrary to the contract to such an extent that the abrogation of the contract is justified. If Riders Surf ‘n Bike terminates the contract it retains the right to the travel price. However, Riders Surf ‘n Bike must offset any expenses saved as well as those advantages acquired by the alternatively utilized application of services.
- in case of non-attaiment of a minimum number of participants, if a minimum number is indicated in the advertisement of the respective service. The contract may be terminated until no less than 2 weeks before commencemet of travel. In such cases Riders Surf ‘n Bike will immediately inform the traveller and send a termination notice as soon as the grounds for not accomplishing the contract arise and all advance payments will be returned.
7. Cancellation of contract due to extraordinary circumstances
If the trip is significantly hindered, endangered or impacted by force majeure that was not forseeable when the contract was concluded, Riders Surf ‘n Bike as as well as the traveller have the right to cancel the contract. In case of cancellation, Rider Surf ‘n Bike may demand reasonable compensation for the services that have already been rendered or must still be rentered in order to terminate the trip.
8. Liability of the tour operator
Riders Surf ‘n Bike as the service provider is liable in the due diligence of a businessman for the conscientious travel arrangement, the correctness of the performance specifications and the proper fulfillment of the contract unless a change has been declared before the completion of the contract which affects the proper provision of the contractually agreed upon services. Riders Surf ‘n Bike as the tour operator is liable for faults of the persons entrusted with the delivery of the services. If, either in the contract of in addition to it, transport with public transportation is rendered, Riders Surf ‘n Bike only brokers a third party service. Riders Surf ‘n Bike is therefore not liable for the provision of the transportation service itself. Any liability in this case shall be governed by the transportation conditions of these companies which are to be specifically pointed out to the traveller and access to which shall be provided to the traveller at the traveller’s request.
The legal warranty rights apply.
10. Limitation of liability
The contractual liability for damages other than physical injury is limited to three times the travel price to the extent that the incurred damages were not due to intent or gross negligence or to the extent that Riders Surf ‘n Bike is solely responsible for the damages due to a service provider’s fault. Riders Surf ‘n Bike is not liable for damages incurred by the traveller due to his own of a third party’s faul. For all compensation claims in tort against Riders Surf ‘n Bike that are not the result of intentional acts or omissions or negligence Riders Surf ‘n Bike’s is liable for damages to property up to EUR 4.000,00. This maximum liability amount applies per traveller per holiday. Riders Surf ‘n Bike is not liable for defaults connected to services that are mediated as external services (eg. flights, sporting events, theatre visits, exhibitions, etc.) and which are expressively stated as external services in the travel offers. A claim to damage against Riders Surf ‘n Bike is restricted or excluded, if – under legal provisions applicable to required, rendered performances of a service provider – a claim for damage against a service provider may solely be asserted under certain conditions or limitations or if such claim is excluded under certain conditions.
11. Duty of cooperation
In the event of an interruption of services, the traveller is obliged to cooperate within the framework of statutory regulations to avoid damage, to keep unavoidable damage to its minimum as well as to take appropriate measures to counteract the occurance of losses. The traveller is obliged in particular to notify the service provider accordingly, as soon as possible.
12. Exclusion and limitation of claims
The customer must assert against Riders Surf ‘n Bike any claims for failure to perform the services in accordance with the contract within one month within the contractually scheduled end of the service. After this period has expired, the customer may only assert claims if he/she was unable to meet this deadline through no fault of his/her own. Contractual claims made by the customer expire six months after the end of the contractually agreed services. This limitations period starts with the day on which the service was to end in accordance with the contract. If the customer has asserted such claims, the limitation of action is empeded up to the date on which Riders Surf ‘n Bike objects the claims in writing. Claims for damages for personal injury or death of the customer expire three years after the contractual end of the service.
13. Passport, visa and health requirements, insurances
Riders Surf ‘n Bike will inform the customer about important changes to the in the service description mentioned general rules and regulation before the beginning of the service. The customer is personally responsible for observing all provisions important for the performance of the service. All disadvantages arising from the non-adherence to these regulations are the customer’s responsibility except when these have arisen on account of culpable misinformation or lack of information through Riders Surf ‘n Bike. Customers without Spanish citizenship are required to obtain information from the relevant consulate. If, for reasons attributable to the customer, the customer fails to observe the immigration regulations of certain countries, or if a visa is not granted in good time through the customer’s own fault with the result that he/she is unable to take part in the service, Riders Surf ‘n Bike shall be entitled to demand the appropriate cancellation fee from the customer in accordance with Clause 5 of these Terms and Conditions. Riders Surf ‘n Bike recommends the conclusion of a travel cancellation, travel accident and a foreign health insurance.
14. Collateral agreements, invalidity of individual provisions
Verbal sub-agreements and subsequent changes, additions or other agreements (including changes to the requirement of written form) are only valid once they have been confirmed in writing by Riders Surf ‘n Bike. Invalidity of individual provisions of the contract does not entail invalidity of the entire contract. If the with Riders Surf ‘n Bike agreed contract does not constitute a travel contract in the sense of spanish travel law nevertheless these general travel provisions apply.
15. Photographic and video material
Riders Surf ‘n Bike reserves the right to use any photographic and video material taken during the services for its own (including promotional) purposes.
16. Data storage
We would like to advise that for the purpose of contract processing the following recorded data is stored: name, address, age, email, mobile phone number. The provided data is necessary for the fulfilment of the purposes of the contract or for the implementation of pre-contract measures. Without this data the contract cannot be concluded. Data transfers to third parties are not carried out with the exception of the transmission of credit card data to the processing bank/payment service provider for the purpose of charging the purchase price, to cooperation partners for the fulfillment of contracts or for the implementation of pre-contractual measures and to the tax consultant for the fulfillment of tax obligations. After the abortion of the shopping process stored data will be deleted. In case of the conclusion of a contract all data from the contractual relation will be stored for the legally required retention period. Additionally, the data name, address, purchased service and date of purchase will be stored until the end product liability.
17. Place of general jurisdiction
In case of legal action against Riders Surf ‘n Bike Puerto del Rosario, Fuerteventura, is place of juristdiction.