General terms and conditions
Form for informing the traveller on a package holiday in accordance with Section 651a of the Civil Code
The combination of travel services offered to you is a package holiday within the meaning of Directive (EU) 2015/2302.
You can therefore claim all EU rights that apply to package holidays. Surf Spirit UG (haftungsbeschränkt) & Co. KG is fully responsible for the proper implementation of the entire package holiday.
Your most important rights under Directive (EU) 2015/2302:
1. Travellers receive all essential information about the package holiday before concluding the package travel contract.
2. At least one entrepreneur is always liable for the proper provision of all travel services included in the contract.
3. Travellers are provided with an emergency telephone number or details of a contact point through which they can contact the tour operator or travel agent.
4. Travellers may transfer the package holiday to another person within a reasonable period of time and possibly at additional costs.
5. The price of the package holiday may only be increased if certain costs (e.g. fuel prices) increase and if this is expressly provided for in the contract, and in any case no later than 20 days before the start of the package holiday. If the price increase exceeds 8% of the package holiday price, the traveller can withdraw from the contract. If a tour operator reserves the right to a price increase, the traveller has the right to a price reduction if the corresponding costs decrease.
6. Travelers may withdraw from the contract without payment of a cancellation fee and receive a full refund of all payments if any of the essential elements of the package holiday, with the exception of the price, is significantly changed. If the operator responsible for the package tour cancels the package holiday before the start of the package tour, travelers are entitled to a refund of expenses and, under certain circumstances, compensation.
7. In the event of exceptional circumstances, travelers may withdraw from the contract before the start of the package holiday without payment of a cancellation fee, for example if there are serious security problems at the destination which are likely to affect the package holiday.
8. In addition, travelers can withdraw from the contract at any time before the start of the package holiday against payment of an appropriate and justifiable cancellation fee.
9. If essential components of the package holiday cannot be carried out in accordance with the agreement after the start of the package holiday, appropriate other arrangements must be offered to the traveller at no additional cost. The traveller can withdraw from the contract without payment of a cancellation fee (in the Federal Republic of Germany, this right is called “termination”) if services are not provided in accordance with the contract and this has a significant impact on the provision of the contractual package travel services and the tour operator fails to remedy the situation.
10. The traveller is entitled to a price reduction and/or compensation if the travel services are not provided or are not provided properly.
11. The tour operator provides assistance to the traveller if he is in difficulty
12. In the event of insolvency of the tour operator or — in some Member States — of the travel agent, payments will be refunded. If the tour operator or, if applicable, the travel agent becomes bankrupt after the start of the package holiday and the transport is part of the package holiday, the return transportation of the travelers is guaranteed.
Website on which Directive (EU) 2015/2302 can be found as transposed into national law: www.implementation-directive-eu2015-2302.de
Surf Spirit GmbH & Co. KG's general travel conditions
These following provisions become part of the package travel contract concluded between you and us. They supplement the legal provisions of Sections 651a - y Civil Code (BGB) and Articles 250 and 252 of the Introductory Act to the BGB (EGBGB) and fill them out.
Therefore, please read these travel conditions carefully before you book!
1. Our position as an agent of airport transfer services
1.1 Our travel services do not include transfers from the airport to the hotel and back. Unless the transfer is expressly stated in the travel advertisement as part of our offered and operated package holiday, we do not offer the airport transfer as a separate service, but as a mediated service in addition to the package holiday.
1.2 The intermediary obliges us in particular to:
a) In the case of the respective offer to arrange a service, we refer to our agency, specifying the provider and contractual partner in the event of a booking.
b) We show the price of the arranged service separately from the price of the package holiday.
c) We will provide you with a travel confirmation in accordance with the above information, in which the price of the arranged service is shown separately.
1.3 Our liability under the brokerage contract remains unaffected by the above provisions.
2. Conclusion of the travel contract
2.1 By booking via our online portal, you make a binding offer to us to conclude the travel contract. The basis of this offer is the travel advertisement on our website and the additional information that we provide for the respective trip, insofar as this is available when booking. You will immediately receive an electronic confirmation of receipt of your booking.
Submitting your booking by pressing the “Book with obligation to pay” button does not entitle you to the conclusion of a package travel contract in accordance with your booking details. Rather, we are free to decide whether or not to accept your contract offer.
If the travel confirmation is made immediately after you have made the booking by pressing the “Book with obligation to pay” button by immediately displaying the travel confirmation on the screen (booking in real time), the package travel contract is concluded with receipt and display of this travel confirmation on your screen, without the need for an interim notification of receipt of your booking according to b), provided that you are offered the option to save it on a permanent data carrier and print out the travel confirmation. However, the binding nature of the package travel contract does not depend on you actually using these options for saving or printing. We will also send you a copy of the travel confirmation in text form.
2.2 The minimum age for taking part in the trips we offer is 18 years.
2.3 If you book the trip for several people listed in your booking, you are responsible for all contractual obligations of these persons as for your own, if you have assumed a corresponding obligation by express and separate declaration.
2.4 The travel confirmation contains all essential information about the travel services you have booked. If the information in our travel confirmation differs from your booking, we are bound to the new offer for 10 days. The travel contract is concluded on the basis of this new offer, insofar as we have notified the change regarding the new offer and have met our pre-contractual information requirements and you declare acceptance of the new offer by express declaration or down payment within the ten-day commitment period.
2.5 The pre-contractual information provided by us about essential characteristics of the travel services, the travel price and all additional costs, the payment modalities, the minimum number of participants and the cancellation fees in accordance with Art. 250 § 3 No. 1, 3-5, 7 EGBGB will only not become part of the travel contract if this is expressly agreed between the parties.
2.6 We would like to point out that, in accordance with Sections 312 Paragraph 7, 312g Paragraph 2 Sentence 1 No. 9 BGB, you have no legal right of withdrawal for package travel contracts under Section 651a and Section 651c BGB concluded at a distance (e.g. via telephone, e-mail, online services).
3 Payment information
3.1 We may only demand or accept payments on the travel price before the end of the package holiday if there is an effective customer money protection contract and the security certificate with the name and contact details of the customer money insurance provider has been handed over to you in a clear, understandable and highlighted manner. After conclusion of the contract, a down payment of 20% of the travel price is due immediately upon delivery of the security certificate. The remaining payment is due four weeks before departure, provided that the security certificate has been handed over and the trip can no longer be cancelled for the reason set out in Section 10.2. If you book from the 28th day before the start of the trip, the full travel price is due immediately
3.2. If you do not make the down payment and/or the final payment in accordance with the agreed payment due dates, although we are willing and able to properly provide the contractual services, have fulfilled our legal information obligations and there is no legal or contractual right of offsetting or withholding on your part, and you are responsible for the late payment, we are entitled to withdraw from the package travel contract after a reminder with a deadline and after expiry of the period and you with cancellation costs in accordance with to encumber paragraph 7.
3.3 All payments must be made to Surf Spirit GmbH & Co. KG.
4. Special information for accommodation on site
4.1 The accommodation may only be occupied by the adults listed in the travel confirmation. The specified arrival and departure dates are binding. When handing over the room keys, a reasonable amount (deposit) may be required as security for any damage or special services to be paid on site. The refund or settlement will be made if, at the end of the stay, the accommodation is left in the same condition in which it was handed over to you.
4.2 We will make every effort to meet your request for unadvertised special services (e.g. adjacent rooms or rooms in a specific location). Insofar as special services are required, the provision of which involves costs, the costs are not included in the travel price and, unless otherwise stated in the travel advertisement or the travel confirmation, must be paid directly on site.
4.3 Pets may only be brought along in cases where the travel announcement expressly permits this.
5 Local support and travel extension
5.1 During your travel stay, you will be looked after by our local partners, who are commissioned to provide the booked travel services. They will welcome you upon arrival and will be available as a point of contact for all matters relating to your trip. In particular, they are also tasked with providing you with assistance in accordance with Section 651q BGB if you are in trouble. The information required to contact you (including telephone numbers) can be found in the travel confirmation.
5.2 Our local partners are not entitled to recognize claims of any kind.
5.3 If you would like to stay there for a longer period of time, please contact us or our local partners as early as possible. We are happy to extend your stay if accommodation is possible beyond the booked period. In this case, we will conclude a new travel contract with you. The new travel price is calculated on the basis of the then applicable prices and conditions and is due immediately in accordance with Section 3.2 and is to be paid directly to us in accordance with Section 3.4. In the event of a travel extension, please note the period of validity of your travel insurance and any required visas.
6 Performance changes
6.1 We are only allowed to make changes to essential travel services compared to the agreed content of the travel contract insofar as they are not significant, do not affect the overall layout of the booked trip and are explained before the start of the trip. Any warranty claims remain unaffected, in particular if the changed services are defective.
6.2 We are obliged to inform you of changes in services immediately after becoming aware of the reason for the change on a durable data carrier (e.g. e-mail). If necessary, we will offer you a rebooking or cancellation free of charge in the event of even an insignificant change in essential travel services.
6.3 If we can provide you with the trip due to a circumstance that has occurred after the conclusion of the contract only with a significant change in the essential characteristics of the travel services or only in deviation from your special requirements, which have become part of the travel contract, you are entitled to either accept the change or withdraw from the travel contract free of charge or to request participation in a replacement trip if we have offered you such a trip. You can choose whether or not to respond to our message. If you do not respond or do not respond within the set period, the notified change is considered accepted. We have to draw your attention to this in the statement in accordance with section 6.2.
6.4 Any warranty claims remain unaffected insofar as the amended services are defective. If we incur lower costs for carrying out the changed trip or replacement trip, you will be reimbursed the difference in accordance with Section 651m (2) BGB.
7 Withdrawal before the start of the trip/cancellation fees
7.1 You can withdraw from the travel contract at any time before the start of the trip. The resignation must be explained to us.
7.2 If you cancel before the start of the trip, we lose our claim to the travel price. Instead, we may claim appropriate compensation insofar as we are not responsible for the cancellation or there are no exceptional circumstances at or in the immediate vicinity of the destination that significantly impair the execution of the trip or your transportation to the destination; circumstances are unavoidable and exceptional if they are not under our control and their consequences could not have been avoided even if all reasonable precautions had been taken.
7.3 The cancellation fees are set out in section 7.4. They are determined on the basis of the travel price minus the value of the expenses saved by us and minus what we acquire through other use of the travel services. The following packages also take into account the period between your cancellation declaration and the start of the trip. You also have the right to prove that the fees due to us are significantly lower than the compensation lump sum required by us.
7.4 The flat-rate right to cancellation fees per person in the event of withdrawal is:
- up to the end of the 91st day before departure 20%,
- up to the end of the 61st day before departure 30%,
- up to the end of the 31st day before departure 50%,
- 70% from the 30th day before departure,
- from the 14th day before departure 80%
- from the 7th day before departure, 90% of the travel price.
The compensation fees are due immediately.
7.5 In the event of a short-term travel cancellation made after the booking has been completed (up to a maximum of 48 hours between booking completion and travel cancellation), a refund may be made in individual cases after consultation. In this case, we allow ourselves to charge an expense allowance of 40 euros per booking.
7.6 In any case, you are free to prove to us that we have suffered no damage at all or significantly lower than the compensation lump sum required by us.
7.7 A compensation allowance in accordance with Section 7.4 shall be considered as not defined and agreed, provided that we prove that we have incurred significantly higher expenses than the calculated amount of the lump sum in accordance with Section 7.4. In this case, we are obliged to specifically calculate and justify the compensation claimed, taking into account the saved expenses and the purchase of any other use of the travel services.
7.8 If we are obliged to refund the travel price in part or in full as a result of your cancellation, we must make a refund immediately, but in any event within 14 days of receipt of your cancellation notice.
7.9 Your right to designate a replacement participant within a reasonable period of time before the start of the trip by declaration on a durable data carrier (see section 8.2 below) remains unaffected by the above conditions. In any case, such a declaration is timely if we receive it no later than seven days before the start of the trip.
8 Rebooking and replacement
8.1 We will make every effort to rebook at your request and as far as possible. You can rebook free of charge if we have given you no, insufficient or incorrect information in accordance with Art. 250 § 3 EGBGB. Otherwise, you can change the travel date up to the end of the 61st day before departure. A separate fee of €25 per person is charged for this. If the travel date is changed from the 60th day before departure, the following applies: The change is considered a withdrawal from the travel contract under the conditions set out in Section 7.4 with simultaneous registration. In this case, the travel price will be completely recalculated on the basis of the then applicable prices and conditions. The rebooking fees are due immediately.
8.2 Within a reasonable period before the start of the trip, you can declare on a durable medium that an adult third party assumes your rights and obligations under the travel contract. In any case, the declaration is timely if we receive it no later than seven days before the start of the trip. We can object to the third party taking your place if the third party does not meet contractual travel requirements. If a third party takes your place, we are entitled to claim reimbursement of additional costs (e.g. administrative, telephone and postage costs), insofar as these are reasonable and actually incurred by us. In addition, we may also claim reimbursement of such additional costs that result from the fact that a contract that we have concluded with a service provider (e.g. landlord of local accommodation) to fulfill our obligations under the travel contract is not transferable to a third party, which is why we must conclude a new contract — even at a higher price — with the respective service provider in order to fulfill our obligations under the travel contract for the benefit of the third party. We must provide you with proof of the amount of additional costs incurred as a result of the entry of the third party. You are free to prove that no or significantly lower costs were incurred with the entry of the third party. You and the substitute are jointly and severally liable for the travel price and the costs arising from the replacement person's entry.
9 Travel insurance
We recommend taking out a comprehensive travel insurance package, in particular including travel cancellation insurance and insurance to cover repatriation costs in the event of an accident, illness or death.
10 Withdrawal and termination by Surf Spirit GmbH & Co. KG
10.1 We can cancel the travel contract without notice if, despite a corresponding warning, the execution of the trip is permanently disrupted by you. The same applies if you breach the contract to such an extent that the immediate cancellation of the contract is justified. In these cases, we retain the right to the travel price, but must have the value of saved expenses and any benefits that we receive from another use of services not used, including any refunds from the respective service providers.
10.2 If the minimum number of participants specified in the pre-contractual information, which becomes part of the travel contract after receipt of the travel confirmation, is not reached, we may withdraw from the travel contract up to 30 days before the start of the trip. You must also have received our cancellation notice by this time at the latest. We will of course inform you if it becomes apparent at an earlier stage that the minimum number of participants cannot be reached. The cancellation notice will be sent to you immediately. You will then receive the travel price paid back immediately, but in any case within 14 days of receipt of our cancellation notice.
10.3 We may withdraw from the contract before the start of the trip if we are prevented from fulfilling the contract due to unavoidable, exceptional circumstances; in this case, we must notify you of the withdrawal immediately after becoming aware of the reason for the cancellation. In this case, we lose the right to the agreed travel price. We will refund the travel price paid in accordance with Section 10.2 sentence 3.
11 Remedy, Mitigation, Notification of Defects, Termination
11.1 If a travel service is not provided or is not provided free of travel defects, you can request relief informally. The request for remedy must be addressed to us or our local partners. We can only refuse redress if it is impossible or involves disproportionate costs, taking into account the extent of the travel shortage and the value of the travel service concerned.
11.2 You may also demand a reduction in the travel price if travel services have not been provided or have not been provided free of travel defects and you have not culpably failed to report the defect immediately (without culpable delay). If the notification of defects is not made in due time, the legal consequences of the reduction only take effect from the time of the late notification. Our local partners are tasked with receiving your notifications of defects.
11.3 Insofar as we are unable to remedy the situation as a result of a culpable failure to report the defect, you can neither assert claims for reduction in accordance with Section 651m BGB nor claims for damages under Section 651n BGB. In addition, the reduction is excluded even if you caused the defect yourself or rejected a reasonable offer of remedy for no reason or knew the defect when the contract was concluded and then immediately reported the defect.
11.4 If your trip is significantly affected by a lack of travel and we do not provide any remedy within a reasonable period of time, you can cancel the travel contract. If the contract is terminated, we retain the right to the agreed travel price within the scope of the travel services provided. With regard to the travel services that can no longer be provided, our claim to the agreed travel price is waived; payments already made will be refunded by us.
12 Surf and yoga classes; traveller's special obligations for surf courses
12.1 Yoga and surfing lessons are held in English or German.
12.2 Insofar as surfing lessons are part of the trip we offer, we would like to point out that participation in surfing lessons requires physical fitness and is therefore not suitable for people with reduced mobility. The surf lessons are led by an instructor or a similarly qualified person. Participation in surfing courses nevertheless requires a high degree of personal responsibility on the part of the participant. In this context, it is referred in particular to our important information about surfing lessons expressly referred to.
13 Liability limitation
13.1 Our contractual liability for damage that does not result from injury to life, limb or health and was not culpably caused is limited to three times the travel price.
13.2 For all claims for damages against us for damage arising from tort that are not based on intent or gross negligence, liability for property damage is limited to three times the travel price.
13.3 We are not liable for disruptions in performance, personal injury and property damage in connection with services that are merely brokered as third-party services (e.g. trips, transportation services to and from the advertised point of departure and destination) if these services are so clearly identified as third-party services, with the stated contractual partner, that they are clearly not part of the package holiday for you.
13.4 You must be responsible for participating in sports and leisure activities not offered as part of the trip. You should check sports facilities, equipment and vehicles before using them. We are only liable for accidents that occur during sporting events and other leisure activities if we are at fault. We recommend taking out accident insurance.
13.5 We are not liable for service disruptions, personal injury and property damage in connection with services that are merely brokered as third-party services (e.g. arranged trips, events, etc.) if these services have been identified as third-party services expressly and with the identity and address of the arranged contractual partner so clearly that they are not part of our package holiday and have been selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected by this.
13.6 However, we are liable if and to the extent that damage suffered by the traveller is caused by a breach of information, clarification or organizational obligations on our part.
13.7 Insofar as services such as massages or other healing treatments or services are not part of our package holiday and are merely arranged by us in accordance with Section 13.5, we are not liable for the provision of services or personal injury or property damage. Liability arising from the agency relationship remains unaffected by this.
Insofar as such services are part of the travel services, we are not liable for medical or treatment success.
It is solely up to you to inform yourself before booking, before traveling and before making use of such services whether the corresponding services are suitable for you, taking into account your personal health requirements. Without an express agreement, we do not owe any special medical information, particularly tailored to the respective customer. This applies regardless of whether we are only an agent of such services or whether they are part of the travel services.
14. Duty to cooperate
In the event of performance disruptions, you are required to help prevent or minimize damage.
15. Statute of limitations
The claims and design rights specified in Section 651i (3) BGB expire after two years. The claims must be made against us. The limitation period begins on the day on which the trip ends in accordance with the travel contract. The above also applies to any claim for recovery that may arise following a termination or a reduction (§§ 651l para. 2 sentence 2, § 651m para. 2 sentence 1 BGB).
16. Consumer dispute resolution and assignment
16.1 Surf Spirit GmbH & Co. KG does not currently participate in an alternative dispute resolution procedure under the Consumer Dispute Resolution Act, which is voluntary for them. Therefore, such a procedure and also the online dispute resolution platform provided by the EU Commission at http://ec.europa.eu/consumers/odr/ cannot be used.
16.2 For customers/travelers who are not nationals of a member state of the European Union or Swiss citizens, the exclusive validity of German law is agreed for the entire legal and contractual relationship. Such customers/travelers can only sue us at our headquarters in Bielefeld.
16.3 For lawsuits brought by us against customers or contract partners of the package travel contract who are merchants, legal entities under public or private law or persons who have their place of residence or habitual abode abroad or whose place of residence or habitual abode is unknown at the time the action is brought, our registered office in Bielefeld is agreed as the place of jurisdiction.
16.4 The assignment of claims against us is excluded. This does not apply to accompanying family members or travelers in a jointly registered group.
17 Passport, visa and health requirements
17.1 We will inform you of the general passport and visa requirements as well as health policy formalities of the country of destination, including the approximate deadlines for obtaining the required visas before the contract is concluded and of any changes before departure.
17.2 For our locations in Sri Lanka, we refer to the Federal Foreign Office's travel and security advice: https://www.auswaertiges-amt.de/de/aussenpolitik/laender/srilanka-node/ Sri Lankan Security/212254. Information on passport and visa requirements can be found under the heading “Entry and Customs.”
17.3 For our location in Indonesia, we refer to the Federal Foreign Office's travel and security advice: https://www.auswaertiges-amt.de/de/aussenpolitik/laender/indonesien - node/indonesiensicherheit/212396. Information on passport and visa requirements can be found under the heading “Entry and Customs.”
17.4 For our location in Spain, too, we refer to the Federal Foreign Office's travel and safety advice: https://www.auswaertiges-amt.de/de/aussenpolitik/laender/spanien - node/spain-security/210534. Information on entry requirements can be found under the heading “Entry and Customs.”
17.5 You are responsible for obtaining and carrying the necessary travel documents, any necessary vaccinations and compliance with customs and foreign exchange regulations.
18. data protection
The personal data that you provide to us is collected, stored electronically, processed and transmitted to third parties (e.g. service providers such as the accommodation operator) insofar as it is necessary to execute the contract. For more information about how we handle your data, please see our privacy policy at: https://surf-spirit.info/de/datenschutz.
19. Special regulations in connection with pandemics (in particular the corona virus)
19.1. We agree that the agreed travel services will always be provided by the respective service providers in compliance with and in accordance with the official requirements and requirements applicable at the time of travel.
19.2. You agree to comply with appropriate usage regulations or restrictions of service providers when using travel services and to immediately notify the tour guide and service provider in the event of typical symptoms of illness that occur
The tour operator is:
Surf Spirit GmbH & Co. KG
Am Lenkwerk 7
D - 33609 Bielefeld
Phone: + 49 16098370183
management@surf-spirit.info
Management: Nils Schlüter
Status: June 2022