Dear Surf House Guest,
We are not massive fans of Terms and Conditions either. We are fans of carefree living, and trust between people. Thats what got us to where we are now and will continue to get us to where we are heading. What is written below can simply be considered as industry standard for Surf Houses and Surf Camps etc. It is very unlikely we will have to rely on these terms but we are obliged to have them.
1. CLOSING CONTRACTS AND MAKING BOOKINGS
Closing Contracts
All reservation requests must be made in written form and via email or our booking form. This enables us to track and examine the booking process in case a misunderstanding or miscommunication arises. Once the booking confirmation and invoice from SOUTH WEST SURF HOUSE is received by the customer, the contract between SOUTH WEST SURF HOUSE and said customer becomes in effect. These general Terms and Conditions of SOUTH WEST SURF HOUSE are implicitly accepted from when the customer sends the booking request. As soon as payment is received the booking becomes concrete. If the customer fails to make the required payment in the allotted timeframe, the booking is simply cancelled.
Making Bookings
– Bookings of rooms, or beds are subject to availability.
– Unpaid reservations or those with unconfirmed or un-answered emails responding to inquiries or requests will be cancelled after one week. This provides the company with the time and opportunity to book the room with another customer.
– Bookings, reservations and requests are all subject to prices and conditions at the time of booking, as can be seen on SOUTH WEST SURF HOUSE website; www.swsurfhouse.com/prices. If a booking is for the following season, the prices and services defined on the customer invoice apply even if they happen to differ from the prices and services described on the website.
– All customers must be at least 18 years old to make a booking unless they have the expressed written consent of their parents. Teenagers may stay at SOUTH WEST SURF HOUSE if we receive their parents’ consent in writing.
2. INSURANCE AND TRAVEL DOCUMENTS
Insurance
We recommend that all customers purchase travel medical insurance that covers transportation back to the patient’s point of embarkation as well as on-site hospitalisation and treatment. These options are the full responsibility of the customer and it is important to note that some insurance companies or individual plans may not cover accidents that occur while surfing or practicing other sports. SOUTH WEST SURF HOUSE can only be held responsible in the instance of accidents resulting from faulty, inappropriate or insufficient equipment.
Travel documents
All required travel documents — including visas and a passport that is valid for at least 8 months from your travel date and has enough blank pages for your visa, arrival and departure stamps. — are the sole responsibilities of guests.
3. PAYMENT CONDITIONS
General
Bookings are considered confirmed after a deposit of 30% has been received by SOUTH WEST SURF HOUSE.
– Customers have 14 days after the invoice date to pay in full to the account stated on the invoice and without any deductions such as bank fees, etc.
– Invoices submitted 2 months before guests’ arrival must be paid immediately into the account stated on the invoice.
– In the instance of delays in payment, SOUTH WEST SURF HOUSE has the full right to cancel the booking. In cases of cancelled bookings, SOUTH WEST SURF HOUSE will inform the customer via email.
By confirming a booking and providing payment details, the customer authorises SOUTH WEST SURF HOUSE to charge the card on file for the following:
-Any outstanding balance for their stay that remains unpaid at the time of departure
-Any additional fees incurred during the stay, including but not limited to damages to property, loss of items, or unpaid services.
If a guest fails to pay their balance upon departure, SOUTH WEST SURF HOUSE reserves the right to charge the card provided at the time of booking for the remaining amount without further notice. Guests will receive an email notification detailing the charges made to their card.
4. CANCELLATIONS AND REBOOKINGS
Cancellations and rebookings made by the customer
All requests for cancellations or rebookings must be submitted via email. The cancellation period is defined by the receipt of the cancellation request. The following fees will apply based on the number of days before the booking date when the cancellation request is received:
More than 30 days in advance: 0% cancellation fee
Between 15 and 30 days in advance: 20% cancellation fee
Between 8 and 14 days in advance: 50% cancellation fee
7 days or fewer in advance: 100% cancellation fee
If a guest does not cancel and does not turn up, they will receive no refund.
– All rebookings are subject to availability.
In all other cases the above-mentioned cancellation conditions (including fees) apply.
Cancellation by SOUTH WEST SURF HOUSE
SOUTH WEST SURF HOUSE reserves the right to opt out of a contract under the following extraordinary circumstances: In the case that certain conditions prevent the booked service and/or arrangement from being carried out or in cases of unacceptable danger, SOUTH WEST SURF HOUSE reserves the right to cancel the contract with immediate effect. Any payments that have been made by the customer are to be refunded. SOUTH WEST SURF HOUSE will not refund any additional expenses incurred above and beyond the original invoiced amount.
5. PRICES AND SERVICES
All prices and services are subject to change, though whatever prices and services stated on the invoice and the booking confirmation connected to that invoice will be provided to the customer. Any additional agreements are to be confirmed in writing by SOUTH WEST SURF HOUSE. SOUTH WEST SURF HOUSE reserves the right to change prices without prior notice in the event of changing conditions (currency fluctuations, new government-mandated price regulations, altered or new fees from third party providers, etc.).
SOUTH WEST SURF HOUSE also reserves the right to change services or offer, whether general or individually agreed upon, in extraordinary cases (e.g., force majeure, governmental regulations, delays of third parties, weather and oceanic conditions). Customers will be informed as soon as possible of any changes to any essential paragraph in their contract.
6. DISCLAIMER
General
Participation in and at any services, arrangements and activities under the auspices of SOUTH WEST SURF HOUSE is entirely at the customer’s own risk. Customers release, waive and hold the company, its offices, volunteers and/or employees unaccountable from all claims, losses, damages, commitments, expenses (including legal costs) during or in conjunction with their participation in activities conducted and organised by SOUTH WEST SURF HOUSE, arising from, but are not limited to, any injury, accident, illness, death, material damage or personal damage to the customer or to others.
The customer indemnifies SOUTH WEST SURF HOUSE, its officers, volunteers and/or its employees against all claims, losses, damages or expenses that any one or more of his/her executors, administrators, heirs, next of kin, successors or assignees may have in conjunction with his/her participation in activities conducted and organised by SOUTH WEST SURF HOUSE, and against any costs including, legal fees, that may incur as a result of any such claims, losses damages or expenses, whether valid or not.
SOUTH WEST SURF HOUSE cannot be held responsible for any disturbances or injuries (noise, bites, stings, rash, allergies, etc.) caused by animals. We have no control or influence over the natural world, neighbours, etc.
The responsibility to inform SOUTH WEST SURF HOUSE of any chronic diseases, illnesses or special needs lies solely with the customer. Such information must be provided prior to the customer’s departure in order to insure proper preparation in terms of accommodation and surfing-related activities. The customer fully accepts the risk of any such complications and will not hold SOUTH WEST SURF HOUSE liable for any health issues that may result from his/her chronic condition including omitting to inform us of its existence. Nor is SOUTH WEST SURF HOUSE responsible for any accidents or injuries that may result from the customer’s physical activities, such as surfing, cycling, skating, driving, walking. This includes any accidents or injuries sustained from all bicycles, skateboards, surfboards provided by SOUTH WEST SURF HOUSE.
SOUTH WEST SURF HOUSE offers bicycles, skateboards, and surfboards for free. Use of bicycles, skateboards, surfboards is at the risk of the customer. The customer is also liable to all damage or loss of any such bicycles, skateboards, surfboards. We cannot be held responsible for any accident or injury resulting from the state, quality or operability of any bicycle, skateboard, surfboard. Each bicycle is fitted with a sturdy lock. Loss of a bicycle will result in a charge of €150 paid by the guest who was responsible for the loss.
Customers are responsible for any damage inflicted on equipment belonging to SOUTH WEST SURF HOUSE, such as, bedding, furniture, etc.
SOUTH WEST SURF HOUSE is not responsible for any loss of property or theft on our property.
Surfing
We provide trained surf guides who carefully choose surf spots that match the surf level of participants, thereby maintaining a low accident and injury risk. That said, SOUTH WEST SURF HOUSE is not liable for any accidents or injuries that occurring during surfing and surfing-related activities. However, in the event of injury, customers are responsible for their own medical costs. Please refer to your medical travel insurance in order to familiarise yourself with any health-related issue that may arise on your trip.
Transport to surf spots is included in the fees for surf guiding. The spots are chosen by the surf guides who, according to their expertise familiarity with local conditions, select the locations best suited to the level of guests with least risk of safety hazards.
Any damage to surf equipment (surfboards, etc.) or loss of property for SOUTH WEST SURF HOUSE is the responsibility of the customer when such property is in the use of the customer.
SOUTH WEST SURF HOUSE is not responsible for poor surfing conditions.
SOUTH WEST SURF HOUSE takes no responsibility for services that are provided by third parties. These include public or private transportation, public utilities, etc.
7. EXCLUSION OF PARTICIPATION
Participants must implicitly follow SOUTH WEST SURF HOUSE’ staff instructions. If a customer fails to disclose physical and/or other health issues, disabilities or other factors that may make him or her unfit for surf-related activity, acts irresponsibly and/or causes disturbances that result in endangerment of the provision of service and/or the health or the image of other participants or the company, its reputation and its employees, that customer — after being warned by SOUTH WEST SURF HOUSE staff — can be excluded from the participation in any or all activities run by SOUTH WEST SURF HOUSE. In such cases, SOUTH WEST SURF HOUSE may terminate the contract without any further notice, with no refunds made. Any costs incurred by the actions of the customer are to be paid by the customer.
8. RISKS
Surfing holidays, like many adventure and sporting activities, especially water-based ones, include a certain degree of risk. Before participating in surfing, individual potential customers must decide — with the help of a doctor if necessary — whether their current level of physical fitness and health is adequate to engage in such a strenuous physical activity. By entering into contract with SOUTH WEST SURF HOUSE, the customer consents cover all necessary (according to SOUTH WEST SURF HOUSE) costs for medical treatment in eventual cases of injury or illness due to accidents or chance and during surf guiding, or related activity associated with SOUTH WEST SURF HOUSE. The customer also agrees to indemnify SOUTH WEST SURF HOUSE in case such treatment is necessary.
9. DATA USAGE AND PROTECTION
In the course of our surfing and leisure activities we may film or photograph you for use on our website or in promotional videos, etc. As the customer, you therefore agree that you may be photographed and/or filmed during your stay/in the course of activities and in connection with SOUTH WEST SURF HOUSE. You also consent to SOUTH WEST SURF HOUSE use of such photographs or recordings for promotional and/or advertising purposes and without additional prior consent. The customer furthermore agrees to allow his or her personal data to be used by SOUTH WEST SURF HOUSE for the purposes of marketing and market research. SOUTH WEST SURF HOUSE offers the assurance that all personal data is to be treated with confidence and will not be willingly transferred to any third parties except with the purpose of fulfilling your booking(s) and providing relevant service. At any point, the customer may terminate this agreement via email. In such a case, your personal data, images and/or footage will not be used for any of the above reasons.
10. INEFFECTIVENESS OF INDIVIDUAL PROVISIONS
Ineffectiveness of individual provisions stipulated in the contract or of the general Terms and Conditions does not affect the validity of any remaining or additional provisions.
11. PLACE OF JURISTICTION AND APPLICABLE LAW
The place of jurisdiction and applicable law is the legal residence of the company, SOUTH WEST SURF HOUSE (Seignosse, France). Any legal claim against the SOUTH WEST SURF HOUSE shall be governed in all respects by and in accordance with the laws of France.
