In the following the name WAVEROCKER is abbreviated by WR.
1. Conclusion of contract
After a noncommittal personal, telephone, written or electronic inquiry, a binding offer is submitted to the participant by WR. If the content of the travel confirmation differs from the content of the inquiry, a new offer is available from WR. The contract is concluded on the basis of the offer from WR, if the traveller declares acceptance within 5 working days and pays the deposit (see 3. Payment Modalities). As soon as we have received the deposit, this contract becomes binding for us. If the person making the booking registers further tour participants, he/she is responsible for their contractual obligations (in particular payment of the tour price) as if he/she had entered into the contract himself/herself. These terms and conditions apply to all participants. It should be noted that minors may only participate if accompanied by their legal guardians or with a confirmation provided by WR, which must be completely filled out and signed by their legal guardians (including a copy of their identity card).
We try our best to carefully fulfil the contractually promised services. WR expressly reserves the right to make changes to the service for objectively justified, substantial and unforeseeable reasons before conclusion of the contract. The participant will be informed about such changes before the conclusion of the contract. We do not assume any liability for the services of partner companies arranged by us.
Our services begin and end on the respective confirmed arrival and departure dates. Arrival and departure are the responsibility of the participant, unless this passenger transport is part of the contract.
Unless otherwise stated, the prices are per person in Euro.
Every guest is entitled to freshly washed bed linen. For a stay longer than one week, the bed linen will be changed once a week.
If there are participants in a shared room who unintentionally disturb others, no liability can be accepted. A solution can be sought together.
In case of subjectively perceived insufficient hygiene & cleanliness of the rooms, this must be reported immediately. Subsequent liability for defects with regard to cleanliness is excluded. If hygiene and cleanliness is found to be unsatisfactory, a solution will be sought together and any defects remedied.
Should the house or the inventory be damaged, the participant must pay for the cleaning/repair costs or the replacement (whether the item needs to be replaced is at WR’s discretion) of the respective item.
Vegetarians and persons with food intolerance must inform the organizer at least 7 days before arrival. Otherwise it cannot be guaranteed that vegetarian food is available.
In case of subjectively felt, qualitatively or quantitatively insufficient food, the organizer must be informed immediately. Subsequent complaints do not lead to liability.
2.3. Surf courses
WR is responsible for a dutiful preparation and execution of the surf courses. WR strives to give the best instructions and tips to ensure the greatest possible learning progress.
Surfing is considered a sport with a high risk factor. The risk exists in accidents, which can lead to injuries, disabilities or even death.
The participant must follow the instructions of the surf instructors without exception. In case of negligence WR is not liable for material damage or personal injury. For damage caused by gross negligence on the part of WR or the surf instructors employed by the company, a liability insurance exists.
Prerequisites for participating in the surf lessons are good swimming skills (15min in deep water without swimming aids) and a good general fitness. Furthermore, the participants must be in good medical condition. With the booking and the resulting acceptance of these terms and conditions, they confirm that from a medical point of view there are no medical concerns to participate in the surf lessons. The participation in the lessons is always at the discretion of the participant. Should someone not feel well at a given time, the surf instructor must be informed immediately. WR reserves the right to refuse registrations or to deny surf lessons to people who are already registered, should the safety or the success of the surf course be impaired for medical reasons. Excluded from the surf course are also persons who are under the direct influence or the after-effects of drugs or alcohol. This condition will be assessed by the surf instructor alone. In case of exclusion, no money will be refunded, nor is the participant entitled to any compensation.
Except in case of gross negligence on our part, WR declines any liability caused by other participants or third parties during the surfing. All participants are responsible for themselves and any costs for accidents, death or damage to themselves or third parties. The insurance for this is the responsibility of the participant. However, WR is in possession of an accident insurance, which can cover any local hospital or medical costs.
The material provided by WR for the surf course must be handled with care. For loss or damage due to improper use of property of the organizer and the provided material, the participant is liable for its replacement value.
Surfing is an outdoor sport and therefore strongly dependent on natural influences. Should it not be possible to carry out the surf lessons due to external influences, the participants will be provided with an alternative offer. No money will be refunded. If for any reason no video analysis can be made during the courses, no money can be refunded.
The departure times of the surf courses announced the day before are binding. In case of delays the respective persons are responsible for their own transport. No money will be refunded or lessons will not be made up.
2.4. Equipment rental
In case of theft, loss or damage of the material (also by third parties) the participant is liable for the costs of repair or the replacement value of the material. Whether the item has to be replaced and the renter is liable for the replacement value is at the discretion of WR.
In case of material rentals, no liability is assumed for accidents and personal injuries. The insurance for this is the responsibility of the participants.
For questions about insurances of rental material, the personnel of WR must be contacted in advance.
2.5 Arrival and departure / Transfer
Arrival and departure are to be organised by the participants themselves on their own responsibility and are not part of the services of WR.
In case of personal injury during transport (from the camp to the surf lessons) we are insured by a Spanish insurance company.
In case of damage to the transport vehicle by the service recipient, the latter is liable for this.
3. Terms of payment
After receipt of an advance payment of 20% of the total amount within 5 working days, the booking will be confirmed. The balance must be credited to our account 30 days before arrival. Otherwise the reservation cannot be guaranteed.
Luzerner Kantonalbank, Lucerne (CH)
Account holder: Waverocker AG
IBAN: CH36 0077 8206 2392 8200 2
BIC (Swift): LUKBCH2260A
4. Changes in services and prices
Deviations or changes of individual travel services from the agreed content of the travel contract, which become necessary after the conclusion of the contract and which were not caused by WR contrary to good faith, are only permitted if the deviations are not unreasonable for the customer, intentional or grossly negligent and do not affect the overall design of the booked trip. WR is obliged to inform the customer immediately about changes in services, unless the changes are minor. In case of a change of an essential travel service, WR has to inform the participant immediately, at the latest 14 days before the start of the journey. Price increases after conclusion of the contract are not permitted.
5. Withdrawal and unannounced absence
The cancellation or rebooking must be made in writing. The participant must pay a cancellation fee to the organizer. The cancellation fees are based on the total amount (GB). The following cancellation fees apply:
up to 60 days before the start 40 €
up to 30 days before start 20% of the GB
up to 15 days before start 50% of the GB
up to 4 days before start 80% of the GB
from 3rd day before the start 100% of the GB
Decisive for the calculation of the time limits is the time of receipt of the letter of withdrawal. Before the start of the services, the participant can provide a substitute person who meets the requirements. For this a fee of 25€ is charged. In case of absence of groups, the person who made the registration is liable for all registered participants.
6. Cancellation of the contract due to extraordinary circumstances
If the execution of the contract is not justifiable due to force majeure (e.g. epidemics, storms, disasters, war, etc.) and an unreasonable risk for the participant, WR has the right to terminate the contract with immediate effect. In this case WR will refund the amount paid, except for compensation for services already provided. Further claims for compensation are excluded.
7. Liability, subsidiary agreements, obligation to cooperate and limitation of time
WR is liable for the conscientious preparation and execution of the services and the correctness of the service description. In addition WR is liable for personal injuries on the way to and during the surf lessons, if these were caused by incorrect behaviour on the part of WR. We do not take over however adhesion for personal injuries and damage to property during the journey, the stay as well as during private passenger car journeys, which take place locally. The participation in the services of WR is at your own risk. If other companies are commissioned with individual services for the execution of an event, the respective company is liable for the claims arising in connection with the individual service. A liability for loss and damage of the participants’ property on the part of WR is excluded. The liability of the organizer is, regardless of the legal reason, limited to the triple total amount of the contract, as far as the damage of the participant was caused by WR neither intentionally nor grossly negligent.
Oral agreements, subsidiary agreements and other assurances are only valid if they have been confirmed in writing by WR. The ineffectiveness of individual provisions of the contract between the participant and WR does not result in the ineffectiveness of the entire contract.
The participant is obligated to cooperate in the event of performance disruptions within the framework of the legal regulations and to avoid possible damages or to keep them as low as possible. In addition, he is obliged to immediately inform the organiser of any complaints on site.
The participant shall assert claims for non-contractual performance of the contractual services against WR within one month after the departure date. After expiry of this period, participants may only assert claims if they were prevented from meeting the deadline through no fault of their own. Any claims of the participant shall become time-barred after six months.
The participant is responsible for insurance of any kind. We recommend taking out travel cancellation, travel accident and international health insurance.
9. Image and data use and data protection
The participants agree that they may be photographed during their stay at events and sporting activities and that these photographs may be used in the marketing of WR. This consent can be revoked in writing at any time.
The participants also agree that the collected personal data (inventory data) may be used for market research and marketing purposes. With regard to the registered data of the participants, WR commits itself to comply with the data protection and media law regulations and to treat the data confidentially. The participant may also revoke this consent in writing at any time. As soon as the consent has been revoked, the data will not be used according to this paragraph.