General Terms and Conditions
1. Scope of application
With the exception of alternative agreements concluded in individual cases, contracts with Surf Moment are concluded solely on the terms given below.
In the following text, the client can be a natural person and/or a legal entity.
On placing the order, the client declares his acceptance of our terms. We shall only be bound by alternative or contradictory terms proposed by the client if we have expressly accepted these in writing.
If a number of documents form part of the agreement, the individual contractual provisions shall always be given priority.
2. Travel conditions
We ask you to read through the travel conditions listed below, which regulate the legal relationships between you and the operator, thoroughly. These conditions are regarded as fully acknowledged and accepted upon submission of your signature/registration or upon submission of your legal representative’s signature/registration, or once bookings have been paid for electronically. To keep the text more readable, we will be using the male form throughout (e.g. he/him/his). We ask for your understanding.
By concluding the contract, moreover, the client declares that there are no medical and/or other reasons standing in the way of his participation in the trip, which entails surfing and/or other sporting activities, including extreme sports.
3. Conclusion of the travel contract
By registering, the client makes a binding proposal to conclude a travel contract with the operator. Registration may take the form of a proposal in writing, by fax or by electronic means (email, Internet), or may be done in person at a travel agency/booking office. The travel contract comes into force when the operator accepts the customer's booking by written confirmation/invoice within one week. Any differences in the travel confirmation in terms of content from what is contained in the registration represent a new offer by the operator to which they are bound for a duration of 14 days maximum. The contract comes into effect based on this new offer if the customer confirms his acceptance in writing through express declaration, payment or payment of the balance before the commitment period expires. For special requests, customer-based contractual conditions and the presence of additional verbal agreements, the burden of proof for the enforcement of the agreement lies with the person placing the order, unless written confirmation has been given by the operator beforehand. Travel agencies and booking offices act only as an agent between the customer and the operator. Similarly, commitments and additional agreements pertaining to the operator’s agent are only valid after written confirmation by the operator. The operator is not liable for this work by the agent.
We request payment in the amount of 30% of the tour price within 14 days after receipt of the booking confirmation or the written invoice. The remaining amount must be paid on a cash-free basis 30 days before departure at the latest, to be received by the operator, so that the timely (online) dispatch or online retrieval (travel portal) of the travel documents can be ensured. For the same reason, in the case of bookings made 30 days prior to departure or sooner, the entire tour price should be paid immediately after invoice receipt, at the latest, however, within five working days from the day of booking the trip. The relevant payment deadlines are specified in the invoice. If you take out travel insurance, this must be paid immediately.
The scope of the contractual services is derived from the service description of the package, brochure or Internet offer/website applicable at the time and from the related details in the tour confirmation/invoice. If the service descriptions in the brochure/website differ from those in the tour confirmation/invoice, then the services from the confirmation/invoice shall be due. If it is given from one of the aforementioned service descriptions that individual services or complete tours are only procured to third parties, then they shall be responsible for providing the service(s).
Surf Moment predominantly uses its own specialist personnel to provide its services. However, in order to fulfil its contractually agreed services, Surf Moment is entitled to employ qualified staff from associated companies, subcontractors and freelancers, and to use the sites of said associated companies. In justified individual cases, the travelling person may exercise a right of rejection vis-à-vis the use of a third party.
6. Changes to services and prices
The operator reserves the right to make changes to the prices advertised and confirmed with booking the trip based on price fluctuations or increased operating costs, in cases where transportation costs increase, in particular fuel costs, or for charges relating to certain services such as harbour dues or airport fees, or if the exchange rates for the relevant trip change (§ 651a (4), Clause 1 of the German Civil Code (BGB)) as follows:
(a) In the event of an increase on a per-seat basis, the operator may charge the client the amount of this increase.
(b) In other cases, the additional transportation costs charged by the transportation company per mode of transportation will be divided by the number of seats of the arranged mode of transportation. The tour operator can then charge the client the amount of the increase accrued in this way.
(c) In the event of a change to exchange rates following the conclusion of the contract, the tour price may be increased in line with the amount by which it has become more expensive for the operator.
(d) The operator must inform the client immediately in cases of subsequent price changes.
(e) The client may withdraw from the contract if the tour price increases by more than 5% (five percent) or if a fundamental tour service is modified significantly. Instead, just like when the operator cancels the tour, he can demand that an alternative trip of at least the same value be offered if the tour operator is in a position to make such a proposal from his range without any additional costs incurred by the client (§ 651a (5), Clause 2, 3 of BGB).
(f) Changes to the event structure cannot be excluded. In particular, in cases of danger caused by the weather, the programme (surf course, individual activities etc.) can be changed in order to protect participants and an alternative programme can be offered. In such cases, the participant is not entitled to a refund of all or some of the tour cost.
The customer can withdraw from the booked trip at any time before it commences. In this case, the operator can demand appropriate compensation.
Crucial to calculating the cancellation costs is the date on which the operator receives confirmation of withdrawal.
- Up to 60 days before the trip commences: EUR 100 per person
- 59 to 30 days before the trip commences -> 25% of the tour price per person
- 29 to 15 days before the trip commences -> 50% of the tour price per person
- 14 to 7 days before the trip commences -> 75% of the tour price per person
- 6 days before the trip commences -> 100% of the tour price per person
- In the event that the customer cannot make the trip without prior declaration: 100% of the tour price per person.
We would like to point out to our customers that the agreed cancellation fees (see below for more details) will not come into effect if the customer can prove in each individual case that no damage or reduction in value has occurred at all or that this is considerably lower than the flat rate fee (§ 309, Clause 5b of BGB).
Furthermore, the customer is advised to take out travel cancellation insurance.
In principle, submission of cancellation does not need to follow a particular form. However, it is recommended to have this in writing for reasons of proof.
8. Booking changes
In principle, any changes to bookings must be billed to the person travelling or the person responsible for the booking change in the amount of the resulting costs incurred, however, with a processing fee of at least 50 EUR. Changes to the departure date or destination are regarded as cancellations. The operator is entitled to invoice for the costs incurred. Customers are not charged if they make changes to the length of stay or add further services provided that this results in an increase in the tour price. Only the corresponding additional fees are charged. The customer can be replaced by a third party up until the date of departure. A processing fee of 25 EUR is charged per change of name per participant. However, the operator can object to a third person replacing the client if this person does not fulfil the necessary travel requirements or if statutory or official regulations or directives prevent his participation.
9. Services not used
If the client fails to use some or all of the tour services owing to early departure or other reasons during the trip, he shall not be reimbursed the equivalent value. If a partial service (sporting activities, excursions or similar) cannot be provided or can only be provided to a limited extent due to unfavourable weather, political unrest and/or natural disasters (e.g. earthquake, landslide, tsunami etc.), that too does not entitle the participant to a proportional refund of the tour price unless the tour operator is saved expenses due to the cancellation.
10. Withdrawal by the operator
In the following cases, the operator can withdraw from the tour contract before the trip commences or terminate the tour contract or individual tour services after the trip commences:
(a) without complying with a period of notice if the participant seriously disrupts the trip despite a warning from the tour operator, tour guide or service provider or breaches the terms of the contract to such an extent that immediate termination of the contract or exclusion from individual tour services is justified or continuation of the contract is deemed unreasonable for the operator. The operator retains the right to claim payment of the tour price, less any expenses saved.
(b) without complying with a period of notice in the event that a participant is in default with payment and he does not fulfil his obligations immediately despite a written reminder and notification of the right to withdraw.
(c) if the stipulated minimum number of participants is not reached up to four weeks before the tour commences. In this case, the operator must inform the customer immediately that the prerequisites for the non-execution of the tour have been met. Customers shall be refunded the tour price without deduction immediately. Other claims cannot be invoked. The customer is entitled to assert claims pursuant to the penultimate sentence of Clause 6 (e).
(d) if the reasons for cancelling are neither justifiable by the operator nor by other service providers or if there are obstacles concerning the trip which cannot be overcome by the operator or can only be overcome by paying an unreasonably high price. In such cases, all payments received will be refunded without deduction.
(e) if the trip is severely hampered, endangered or affected by circumstances which could not have been predicted at the time the contract was concluded (e.g. unrest, epidemics, natural disasters etc.), both parties can terminate the contract without complying with a period of notice. For services that have already been fulfilled or for services to be fulfilled by the end of the tour, the operator can claim part of the tour price.
The tour operator is liable for the following as an ordinary businessman:
(a) conscientious tour preparation;
(b) careful selection of service providers, third parties and/or cooperation partners, but not for the provision of services by external service providers, third parties and/or cooperation partners;
(c) accuracy of the service descriptions;
(d) proper provision of the contractually agreed tour services according to the local/national customs of the respective destination. The liability of the tour operator is limited to three times the price of the trip insofar as damage to the travelling parties is not caused deliberately or by gross negligence or insofar as the tour operator is solely responsible for damage affecting the client due to a failure on the part of a service provider. Physical injuries are excluded from the liability limitation of three times the price of the trip (§ 651h (1) of BGB). Compensation claims against the tour operator are excluded or limited if international agreements or their respective provisions referring to the rendering of services by a service provider apply to said provider with no or limited liability.
The tour operator is not liable for performance defects relating to services that are merely arranged as third-party services or marked as third-party services in the tour description or confirmation/invoice. In this case, the operator assumes liability for the careful selection of the third-party company but not for the actual rendering of services. Any costs/impairments that occur due to, for example, time differences, traffic jams, technical defects, human error, border clearance issues etc. are not refunded by the tour operator. The tour operator is not liable for damages that affect the client owing to force majeure, wartime events or terrorist attacks. The operator is not liable for statements made by the agent and/or statements confirmed by him in writing. The operator is not liable for tour descriptions listed on travel agents’ Internet portals or the agents’ own descriptions unless he has given his express written consent to such texts.
(e) for all tortious claims for damages against the operator not caused deliberately or by gross negligence, liability for material damage is limited to the amount of three times the tour price. This maximum liability amount applies per client and tour. Potential claims related to luggage in accordance with the Montreal Convention are not affected by this limitation.
(f) In terms of participating in one and/or more package(s) and the other (sporting) activities on offer, making the journey, using the specified services and spending time in the tour location, the client does so at his own risk. Surf Moment’s liability does not cover dangers that are inevitably associated with surfing or the other (sporting) activities on offer - hazards that the participant is aware of and accepts. Similarly, it does not cover damages arising when the participant is surfing or doing the other (sporting) activities on offer for which other participants or third parties are culpable. Surf Moment does not assume any liability for the loss of or damage to participants’ property.
(g) The participant is liable for the loss of or damage to surf equipment, all sporting equipment and other items owned by Surf Moment or loaned to the participants from third parties, owing to wilful intent or gross negligence.
12. Baggage handling
Baggage is handled according to the normal allowance; i.e. maximum of one bag/suitcase weighing max. 20kg (W+L+H<160cm) and one carry-on bag per person; bulky luggage/sports equipment is excluded from this. In cases of doubt, the travel provisions of the respective airline and/or other handling companies shall apply. The operator is not liable for customers’ luggage. The tour participant is responsible for monitoring his luggage when travelling. (We strongly recommend taking out separate baggage insurance!)
13. Duty to cooperate
If disruptions arise affecting the provision of services, the client shall do everything reasonable in his power towards remedying the issue and minimising any damage that might be caused. The client is obliged to communicate immediately any complaints relating to the tour services rendered by the operator to our tour guide/travel escort/coach at the location to ensure that they get help to remedy the issue. In the event that an improvement/rule cannot be implemented in an appropriate amount of time: our tour guide/travel escort is not authorised to acknowledge claims concerning the provision of tour services not included in the contract; however, he can make a short written note recording the complaints expressed by you. A review of this matter further down the line involving possible claims is possible with this written record; without it, however, this becomes extremely difficult.
14. Exclusion and statute of limitations for claims
Claims for the failure to provide the contracted travel service (§§ 651c to 651f of BGB) must be asserted no later than one month after tour end date stipulated in the contract. This should be done in writing. After this deadline expires, the client can only assert claims if he was unable to meet the deadline through no fault of his own. The client must furnish proof of this incapacity to meet the deadline.
Claims by the client pursuant to §§ 651c to 651f of BGB in respect of loss of life, physical injury or damage to health that can be attributed to a wilful or negligent violation of obligations by the operator or a legal representative or vicarious agent of the operator shall lapse after a period of two years.
This also applies to claims for compensation for other damages that arise from a deliberate or grossly negligent breach of duty on the part of the operator or a deliberate or grossly negligent breach of duty on the part of a legal representative or vicarious agent of the operator.
All other claims pursuant to §§ 651c to 651f of BGB shall lapse after a period of one year.
This statute of limitations according to the above sections shall commence the day after the contractual end date of the tour.
(a) Content and documents created by Surf Moment may be protected by copyright pursuant to § 2 (1), No. 1 of the German Copyright Act (UrhG) unless this concerns company-specific/personal data of the client. This material is for personal use only. In particular, it is forbidden to forward or make this material accessible to third parties. All instances of commercial sharing are forbidden. Such cases would justify claims for damages on the part of Surf Moment.
(b) The client is aware of the fact that photos and/or video clips are taken and that he may be clearly visible in some of these pictures. The client consents to such recordings. His consent also applies, without restrictions, to private and/or commercial use - publication, dissemination, use, editing and forwarding - in digital and print form by the photographer or even a third party. There are no restrictions to his consent in terms of time and location and it applies to all types of publication and distribution. This consent can be revoked at any time.
16. Integrity, written form and invalidity of individual provisions
Additional verbal agreements have not been concluded. Other agreements outside of this contract have not been concluded.
Amendments or additions to the contractual agreements between the parties must be submitted in writing to be legally effective. This also applies to the waiver of the written form requirement. The written form in the context of these general terms and conditions is observed by personally signing the statement and/or the contract. The personal signature can - unless stipulated otherwise - be replaced by a scanned signature. However, the contractual written form is not observed by emails or faxes.
These travel conditions form part of the travel contract. If a current or future section of these provisions and/or of the contract is or becomes ineffective/invalid or unenforceable either in part or in full, the validity of the remaining provisions of this contract shall not be affected unless, taking into consideration the following regulations, the execution of the contract causes undue hardship for one of the parties involved. The same applies if a loophole requiring attention is found after the contract has been concluded. The parties shall replace the ineffective/invalid/unenforceable provision or the loophole requiring attention with an effective provision which, in its legal and economic content, corresponds to the ineffective/invalid/unenforceable provision and the overall intent of the contract.
17. Data protection/operating air carrier
Surf Moment is obliged to keep confidential information and documents not generally known that they become aware of during the business relationship, and to use such information only for the provision of the contractual service. Non-personal data is only forwarded to third parties within Surf Moment and only for collection and credit assessment purposes. Personnel, temporary replacements, subcontractors and freelancers are obliged by Surf Moment to maintain data secrecy pursuant to § 5 of the German Federal Data Protection Act (BDSG).
Surf Moment, as the responsible authority pursuant to § 3 (7) of BDSG, is entitled to collect, process and use all data required to execute the contract.
Client data entered when registering is only used to manage the trip and to provide customer support. The right of objection pursuant to § 28 (4) of BDSG is referred to; a short note attached to the address specified at the bottom of the conditions suffices.
In accordance with EU Regulation 2111, dated 14/12/2005, tour operators, travel agents and transport contract agents are required to inform the client of the actual carrier operating your flight/connecting flight/transfer in advance once this is established. If this cannot be established at the time of booking, the most likely operating air carrier must be specified at this point. The customer must be informed immediately if the operating air carrier is changed after he makes his booking.
The client can find the current list of air carriers that are subject to an operating ban within the EU (blacklist) on the website: https://ec.europa.eu/transport/sites/transport/files/modes/air/safety/air-ban/doc/list_en.pdf
18. Passport, visa and health requirements
(a) The operator will inform nationals of the state, in which the trip is offered, of provisions relating to passport, visa and health requirements before the contract is concluded, and of any changes before the start of the trip. The appropriate embassy will provide information to nationals of other states.
(b) The client is responsible for obtaining and carrying any necessary travel papers, any necessary immunisations and for adhering to customs and exchange control regulations. Any disadvantages or problems resulting from non-adherence to such requirements, e.g. payment of cancellation fees, are to be borne by him. This does not apply if the operator has not provided information, or has provided insufficient or false information.
19. Applicable law and place of jurisdiction
The law of the Federal Republic of Germany applies exclusively to the exclusion of the UN Convention on the International Sale of Goods.
The place of jurisdiction for action against the operator is Berlin. For action taken by the operator against the client, the place of residence of the latter is decisive. Berlin shall be the place of jurisdiction for action against customers or contracting partners of the tour operator, business people, legal entities under public or private law or persons whose legal residence or habitual residence is abroad or whose legal residence or habitual residence is unknown at the time the action is filed. These provisions do not apply if (and to whatever extent) from the contractually non-obligatory terms and conditions of international conventions that apply to the travel contract between the customer and the tour operator, the customer would receive some other benefit or if (and to whatever extent) the non-obligatory terms and conditions applicable to the travel contract in the EU country to which the customer belongs are more beneficial to the customer than the rules in these travel conditions or the applicable German regulations.
20. Operator’s contact details
Operator of all tours unless expressly stated otherwise is: Surf Moment, Lindenallee 24, 14050 Berlin. Managing director: Frederik Nowicki.
In the event of any divergences between the German General Terms and Conditions and their English translation, the German version shall prevail.
(Version from July 2017)