1.1 By using this website and/or by making a booking you agree to be legally bound by these Terms and Conditions which shall take effect from your first use of the website.
By booking a with us you become a temporary member of the non profit organization L’Amour de la Terre. The membership cotisation is included in your booking.
1.2 These Terms and Conditions (Terms and Conditions) form part of every quotation, offer or contract of sale between L’association amour de la terre – Vegan Surf Camp (Nr. SIRET: 404 402 430 000 15) (Association) and any Member (Member) of a surf camp holiday and any related services (Services).
1.3 The warranties, representations and undertakings (if any) contained in these terms and conditions are the only warranties, representations and undertakings that apply to the Services and the Contract (whether made orally or in writing by any person acting or purporting to act on behalf of the Member or the Association) unless agreed in writing by the Association and such agreement contains a specific reference to the warranty, representation or undertaking.
1.4 These Terms and Conditions supersede any previous agreements, arrangements or negotiations between the Member and the Association in relation to the supply of Services. However, in the case of a conflict between these Terms and Conditions and a term of the Contract, the term of the Contract shall prevail.
1.5 The Member shall request the Services it wishes to purchase via telephone or the Association’s online booking system. A contract is formed when the Association has received from the Member the Payment Price and the Association has served a confirmation email on the Member (Contract).
1.6 Where a Contract is made by one person (Lead Person) on behalf of a group of people, the Lead Person confirms that they have the authority to make the Contract on behalf of everyone who is to receive the Services in the group, including children (Group). The Lead Person must ensure that all members of the Group are aware of and accept these Terms and Conditions. In any event, the Lead Person shall be responsible for the full cost of the Services for itself and the Group including any related charges under these Terms and Conditions.
1.7 The Member is responsible for reviewing the confirmation email and/or any booking details as soon as reasonably possible following receipt of such and must inform the Association immediately of any errors or discrepancies. Any failure by the Member to promptly notify the Association of any such errors or discrepancies will be deemed an acceptance by the Member that all booking and/or other details are correct.
1.8 Under these Terms and Conditions, the definition “Member” shall be deemed to include any of the Member, the Lead Person and all participants within a Group as the context requires, unless expressly stated otherwise.
2.1 The Member may cancel the Contract at any time before they begin using the Services (Departure Date) by sending a notice of cancellation on the Association in writing (Cancellation Request).
2.2 A Cancellation Request shall be valid on the date on which it is deemed to have been received by the Association.
2.3 Where the Member serves a Cancellation Request on the Association, the Association shall be entitled to retain all or part of the Payment Price as follows:
2.3.1 In order to complete your booking you need to pay 25% of your stay within 14 days after completing the booking form. If the member serves a cancellation request on the association there is no refund.
2.3.2 All the other payments (including extras such as surfing) happen at the camp. If for any reason, the member already wants to pay the rest of his/her stay in advance there is also no refund possible.
2.5 If a substantial proportion of the amenities at a Location will not be available and the Association is concerned that this may have a material impact on the provision of the Services and Lessons to the Member, the Association, at its sole discretion, reserves the right to offer the Member:
2.5.1 an amendment to the Services to be provided; or
2.5.2 to continue with the Contract; or
2.5.3 to cancel the Contract, in which case the Association shall refund to the Member any part of the Payment Price it has received less a sum equivalent to any Services already provided to and used by the Member, however any Charges will be non-refundable.
2.6 Any credit card or debit card payments shall be refunded to the same credit or debit card number from which the Payment Price was paid, less any Charges.
2.7 The Association reserves the right, at its sole discretion, to cancel the provision of the Services or to instruct the Member to leave the Location immediately without compensation or refund if the Member does not comply with these Terms and Conditions, particularly relating to behaviour and conduct.
3. TERMS OF PAYMENT:
3.1 The most up to date prices for the Services are shown on the website, however they are subject to regular review and may change.
3.2 The price of the Services which the Member must pay is the price set out in the Contract (Payment Price).
3.3 The Member shall pay the Payment Price as soon as possible and in any event within 14 days from the date on which the Contract was made.
3.4 The Member is responsible for any charges incurred in the payment process (Charges).
4. SURF SERVICES:
4.1 The Association shall agree with the Member the number of surf lessons to be provided at the Location at the time the Contract is made (Lesson(s)).
4.2 The Lessons shall be provided at the Location on behalf of the Association by the Location’s instructors (Instructors).
4.3 Due to safety reasons, unsuitable weather conditions, unavailability of Instructors or any other reason, the Association or the Instructors may reschedule or cancel any Lesson without giving advance notice to the Member. The Association or the Instructors will use reasonable endeavors to provide as much notice as possible, but the Member acknowledges that this may not always be possible and the notice may be minimal.
4.4 The Association or Instructors may reschedule a Lesson to any reasonable alternative date and time by giving advance notice of at least 3 hours to the Member. If the Member does not attend when requested to do so by the Association, the Association shall be deemed to have fully provided the Lesson(s).
4.5 Where Lessons are cancelled due to adverse weather conditions or for safety reasons at the sole discretion of the Instructors, the Member shall not be entitled to a refund for the cost of the Lesson, however the Association will use reasonable endeavors to provide theory lessons and/or other activities at the Location in substitution for the cancelled Lesson(s).
4.6 It is the Member’s responsibility to attend the Lessons promptly and a Lesson will not be extended beyond its scheduled time if the Member is late. If the Member is more than 15 minutes late for a Lesson, the Instructor may cancel the Lesson and no refund shall be given.
4.7 The Association and the Staff reserve the right to photograph the Member during the provision of the Services and/or the Lessons. By taking part in a Lesson and/or being at the Location, the Member gives their full consent to such photographs being taken. The Member agrees that the Association may use such photographs for commercial, publicity and advertising purposes. The Member has no right to any payment or fees in respect of any photographs sold and if any such rights should exist, the Member hereby waives them.
4.8 If the Member has a disability as defined under the Disability Discrimination Act 1995, then provided the Member gives the Association a reasonable period of advance notice, the Association will make reasonable adjustments to facilitate the Member’s disability as far as possible, but due to the nature of the Services, the Member acknowledges that no guarantee can be given by the Association as to what will be achievable.
5.1 Outside of the surf lessons, the member can rent surf equipment at the Camp.
5.2 Where the Association and/or the Staff are unsatisfied with the condition of the Equipment returned by the Member, the Member shall on request and in any event before the Departure Date from the Location pay to the Association and/or the Staff a sum equivalent to the cost of repairing or replacing the damaged Equipment as the Association and/or the Staff considers necessary. The Association may use the deposit provided in full or partial satisfaction of any monies owed by the Member.
5.3 The Member acknowledges that it is responsible for ensuring that the Equipment and any Personal Items it uses are fit for the purposes for which it intends to use them and that it shall use the Equipment and/or Personal Items in a safe and responsible manner at all times.
5.4 The Association and/or the Staff shall accept no responsibility for loss, damage or harm caused to the Member, other persons, any property or the like as a result of the Member’s use of the Equipment and/or Personal Items, unless such loss, damage or harm was caused by the negligence of the Association and/or the Staff.
5.5 All personal equipment or possessions of the Member (Personal Items) are the Member’s responsibility and are at the risk of the Member at all times. The Association and/or the Staff shall accept no liability for the loss, damage or theft of any Personal Items.
6. RESPONSIBILITIES OF THE Member:
6.1 The Member is responsible for obtaining travel insurance with adequate insurance cover for their holiday at the Location and any activities which they intend to undertake during it and such insurance should be in place before the Departure Date.
6.2 By entering into a Contract with the Association, the Member confirms to the Association that it is able to swim well enough to undertake any Lessons, use the Equipment or Personal Items and/or to participate in any activities at the Location.
6.3 By entering into a Contract with the Association, the Member confirms to the Association that it is physically fit and knows of no health reasons which should prevent it or render it dangerous to undertake any Lessons, use the Equipment or Personal Items and/or to participate in any activities at the Location.
6.4 Where, after the Contract has been made, the Member becomes aware of a health problem or reason as to why it should not undertake the Lessons, use the Equipment or Personal Items and/or participate in any activities at the Location, it shall immediately inform the Association in sufficient detail to enable the Association to assess what amendments are required to the Lessons and whether, at the sole discretion of the Association, it is possible to adapt the Lessons accordingly.
6.5 The Member agrees that at all times it shall abide by all decisions of the Association, the Staff and the Instructors.
6.6 The Member shall at all times act in an appropriate and acceptable manner and accept responsibility for their behavior and the conduct of all members of their Group. The Association reserves the right to terminate the provision of the Services should the behavior of the Member, at the discretion of the Association or the Staff threaten to cause or cause damage or harm to any persons, property or the like or seriously impair the enjoyment of other guests. No refund shall be given by the Association. The Member (and their Group if they should choose to leave also) shall be responsible for any additional accommodation, travel or other costs incurred following termination of the provision of the Services. The Member shall immediately pay on request to the Association a sum equivalent to any loss or damage caused at the Location. The Association reserves the right not to accept any future bookings from the Member or the members of the Group or to cancel any existing bookings which the Member or the members of the Group may have.
6.7 The Member acknowledges that the consumption of alcohol at some Locations may not be permitted and that the age limit for the consumption of alcohol may differ depending on the Location. Where alcohol consumption at the Location is permitted, the Member confirms it is of the appropriate age for alcohol consumption and accepts that it does so at its own risk and that it shall behave at all times in an appropriate manner pursuant to condition
6.8 It is the Member’s responsibility to provide the Association with any valid and current contact details it has, including postal address, email address and telephone number.
- 9 Individuals under the age of 18 (Minor) shall only attend at a Location if accompanied by a parent, guardian or minder over the age of 18 who, by attending the Location with the Minor accepts full responsibility for the Minor’s safety and behavior.
7.1 The Association shall not be responsible whether in contract or tort or otherwise howsoever for consequential loss or damage (which shall include loss of use or profits) caused by or arising out of the provision of the Services or for any other loss, damage or injury of any kind whatsoever.
8. DATA PROTECTION:
8.1 The Association may keep and use personal details of the Member for the purpose of providing the Services for a period of 6 years unless otherwise required by law and thereafter may hold such for marketing and/or promotional purposes unless and until the Member requests in writing that their data be destroyed.
9.1 If any provision or part-provision of these terms and conditions becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant condition, provision or part-provision shall be deemed deleted from the remaining conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.