General Terms & Conditions of the Karma Surf Retreat
1001. Travel Contract / Binding Application
1.1. With the travel registration the customer offers the Karma Surf Retreat, in the following just marked by “KSR”, the binding conclusion of a travel contract to – the registration is due to the service descriptions and prices presented online on our website or in our current catalog. Registration can be made written by mail, by fax, by or by booking request. The travel contract is concluded by our acceptance of the offer. The acceptance requires no particular form. After conclusion of the contract the customer gets a written confirmation which will be sent by KSR. KSR is not commited of the communication of a written confirmation if the booking is made by the customer in less than 7 working days prior to departure.
1.2. The registration is made by the applicant for all participants listed in the booking document. The applicant is responsible for their contractual obligations as well as for its own obligations. In case that he has acquired a separate obligation by an explicit and separate declaration.
1.3. The minimum age for participation in the travels of KSR is 18 years. For participants that start the journey under the age of 18 a written consent of the parents or legal guardian is required.
1.4. If the confirmation of KSR differs on the content which the customer sent with the booking, then there will be a new offer by the KSR, to which we are bound ourselves during a period of 5 days from the date of the confirmation. The client should confirm within this period by express or implied statement (payment of the total price).
2. Payment of the travel price
2.1. Within 5 days after receiving the booking confirmation a deposit of 100% on the travel price is required. The travel documents will be sent to the customer upon receipt of the payment (via email / fax / mail) or handed out. Edit and change fees are due immediately.
2.2. The rest of the payment is due no later than at time of arrival and can be paid locally. The deposit will be credited toward the remaining amount. The payments are made each in a sum for all travelers together. If the price of the travel is not paid on time, please understand that we are obliged to charge a flat fee of € 10 per reminder. Please note that the receipt of the payment is for determining the compliance deadline. If the agreed payment amount or the cost of the travel (even after default in payment) is not fully paid, we have the right to cancel the travel contract and charge for the calculation of damages the corresponding cancellation fee. Presumed that it is not provided till this point travel lack entitling the resignation.
2.3. For any accommodation in apartments, bungalows, tents, caravans and possibly in hotel rooms, a deposit is payable which is refunded in case the tenant´s proper return.
3.1. Our services result from the specifications and the general information on our website and on the details referring of the booking confirmation. Verbal ancillary agreements (such as agreements, requests), which alter the scope of contractual services shall require written confirmation by KSR.
3.2. The execution of the services offered by KSR or offered by local service providers take only place under the condition that a minimum number of participants, which is determined by the respective organizers, is achieved.
3.3. In the context of travel by the KSR the mediated foreign contractual services are not part of our travel contract. KSR is not liable for the conduct of these services themselves, any liability in cases ruled by the terms of the mediated business, which will be sent to the client.
4. Cancellation, performance and price changes
4.1. KSR is allowed to withdraw from the contract till the 30. day before departure if the minimum number of 3 participants is not reached. If another minimum number is required, they will be indicated in the travel descriptions
4.2. If the trip will be impeded, endangered or impaired – by a force majeure which at the conclusion is unpredictable – then both KSR and the traveler may terminate the contract. The legal consequences arise from the law.
4.3. KSR is authorized to change the agreed content of the contract by legally permissible reasons. Changes or deviations of individual travel services from the agreed content of the contract are only permitted if such changes and alterations are not significant and do not affect the overall character of the holiday.
4.4. KSR is obliged to immediately by knowledgeable inform the customer through an approved travel cancellation or substantial modification of an essential travel service.
5. Cancellation and rebooking
5.1. The customer can withdraw at any time prior to the beginning of the trip. For evidence reasons the resignation should be in written form.
5.2. In case of withdrawal KSR may require a lump sum compensation which is calculated according to the following fixed amounts per person. Decisive for the cancellation date is the receipt of the cancellation explanation for KSR. The compensation is calculated as follows depending on the receipt date of the customers cancellation:
- Cancellation up to 6 months prior to departure flat rate of €100,
- Cancellation 179-45 days before departure: 50%,
- Cancellation from 44-15 days before departure: 80%,
- Cancellation 14-0 days before departure: 100%,
Should extra booked services be canceled, a flat rate of €10 per cancelled extra service will be charged.
5.3. Evidence that a much smaller damage than the required fee, remains unaffected by it.
5.4. If the traveler cancels the contract or doesn’t travel, KSR demands as compensation instead of the aforementioned values also the travel price less the value of the saved expenses and otherwise used services. KSR reserves the right to demand, in derogation from the above values a higher, specific compensation. In this case, KSR is required to quantify and document the required compensation, taking into consideration the cost savings and possible other use of the travel services.
5.5. In case of cancellation or failure to travel the claim for the booked space expires.
5.6. KSR is entitled to occupy the vacant space, which resulted from the resignation of the customer travel, by another client.
5.7 The customer has the option to complete a travel insurance and cancellation insurance to cover repatriation costs in case of accident or illness. We will note this in writing at the conclusion of a contract.
5.8. The traveler can arrange to be replaced before traveling by a third party. KSR may object to the change in the client, if additional costs will be caused by the participation of this person or if the person has any special requirements in relation to travel or conflict with national / international regulatory requirements to participate. Payments which are already made do not expire.
6.1. Our liability is governed by the legal requirements.
6.2. KSR is responsible for conscientious travel preparation, careful selection and monitoring of the service providers, the accuracy of the specifications and proper delivery of the contracted travel services.
7. Limitation pf Liability
7.1. The contractual liability of the KSR for damages other than physical damage is limited to three times the tour price. This in case that the clients damage was not caused intentionally or negligently or if KSR is responsible for the clients damages incurred solely because of a service provider. Limiting liability or disclaiming legal requirements based on international conventions, and on which our service providers rely on, may also apply in favor of KSR. The disclaimer for property damage, which is not caused on purpose or gross negligence, is for each client and trip 3000, – €. If the tour price per person is over € 1,000, the liability is limited to the amount of three times the tour price. We recommend urgently to cover such risks by an appropriate insurance package.
7.2. KSR is not liable for any default in connection with services that are arranged as external services (such as sporting events, exhibitions, etc.) and which are expressly identified in the tour as a external services. A claim for compensation against the tour operator is limited or excluded due to international conventions or based on such legal requirements. A claim for damages against the service provider may only be applied under certain conditions or restrictions or is excluded under certain conditions.
8. Declaration of Responsibility
The participant of KSR acknowledges that there are inherent dangers both apparent and hidden associated with surfing, yoga and other activities offered at KSR. The participants participation in KSR and surfing, yoga and other associated activities may involve injury. To the full extent permitted at law, KSR is excluded from any liability to the participant and will not be responsible for any loss, damage or injury to the participant arising from or connected with any activity conducted by KSR no matter how that loss, damage or injury is caused. In particular, KSR is not responsible for any loss or damage to a participant arising from or relating to: the participants failure or refusal to obey an instruction from an instructor during execution of any activity at KSR, any medical or psychological or mental condition of the participant as the date of this contract. Furthermore, KSR is not responsible for loss or damage to the participant or any of the property of the participant arising from any negligent act or omission of KSR or any person for whom KSR is responsible. The participant acknowledges and agrees that KSR has no control in respect of weather, surf or other physical conditions during any KSR. KSR is accordingly not liable for any loss, damage, inconvenience to any participant or any property of any participant arising from all or any of these factors.
9.1. We cannot guarantee a permanent supervision of the customer’s baggage. For the loss of baggage, we can therefore not liable. No liability shall also apply burglary, theft and gross negligence. We therefore urgently recommend get an travel baggage and accident insurance. The client is liable for any damage caused by his possessed things and property.
9.2. KSR is not liable under § 651 BGB j for travel impairments due to force majeure (earthquake, terrorism, storms, floods, accidents, etc.) or other strikes from external service provider or organizer.
10. Contractual obligations and notes
10.1. If the trip is not provided by contract, the customer will only have the legal rights of travel costs reduction, termination of the contract and the compensation. This will be only the case if the customer notifies KSR of a defect occurring during the trip.
10.2. If there is lack the customer may only take corrective measures himself or in case of a significant deficiency cancel the trip, if he informed the KSR within a reasonable period and thus gives time to correct before. There is no deadline required if the correction is impossible or refused by the organizers or if the immediate correction is of a special clients` interest.
10.3. A notice of eventual defects should take place at the location. Should the customer unexpectedly reach the guide, or should a tour guide not be part of the travel contract, the customer should apply directly to the KSR.
10.4. A charge only at the local agency does not meet these requirements.
10.5. The client can enforce warranty claims according to the law within one month after the contractual end of the tour at the headquarter of the KSR. A registration of claims at the local travel agency is not enough. Claims based on the contract can only be done by the traveler himself. An assignment of these claims is inadmissible.
Claims against KSR expire after two years. The period of limitation begins on the date of termination of the travel contract. Tort claims expire after a period of three (3) years. The suspension ends when one party refuses to continue the negotiations. For tort claims, the legal limitation period.
KSR expects that the participant respects the customs, traditions and laws of the hosts country. Should the participant infringe, KSR has the right to exclude him after a written warning and in case of recurrence, without refund of the price of rest of the trip. For serious violations (e.g. offenses, violence, threats, theft, drug use, excessive alcohol consumption, malicious damage to property, etc.), an immediate exclusion of the trip is considered. Costs incurred will be borne by the customer. The same applies if the customer should disturb the harmonic interaction in the group significantly.
10.7. Liability and special obligations of the Customer
The booked accommodation may only be occupied by the contracted number of guests. In case of overcrowding, we have either the right to demand a reasonable compensation for the period of overcrowding, or either force the extra people immediately to leave the rented property. This can also be done by the contact person on site. Pets are allowed only with prior approval. Our customers are obligated to treat the property carefully and to indicate any damage or defects immediately. If there is need for an unusual cleaning service after the departure or damages of the house or equipment, we are entitled to provide our customers the costs incurred as damages in the bill. Our customers are liable for all damages they cause fault during their stay at villa. If anything is missing at the end of the stay, our customers are obliged to replace the damage if they are responsible of the loss
All unexpected sounds that are associated with Portuguese day life in these villages as dogs barking, bells of the church or any building work in the neighborhood are mainly not influenced by us. Consequently, KSR cannot be held responsible for this.
10.9. Bed linen and towels
All beds are freshly made on arrival. Bed linen is changed once a week. Towels for kitchen and bathroom are also available and can be changed twice a week. The towels are not allowed to be taken to the beach.
10.10 Image usage / Data use / Privacy
The subscriber / participant agrees that all photos and video material which is taken during events and sporting activities may be used by the Karma Surf Retreat for marketing reasons. This consent can be revoked at any time.
The subscriber / participant consents that personal data collected are used for market research and marketing purposes. With regard to the registered data of the participants Karma Surf Retreat commits to comply with the privacy and media law. In particular, the data will be kept confidential. The participant may withdraw consent at any time in writing. He has revoked the consent to data usage under this paragraph shall not take place.
11. Passport, visa and health regulations
11.1. KSR is committed to inform nationals of the State in which the tour is offered about passport, visa and health requirements and any possible changes prior to departure. KSR shall inform about the requirements for nationals of another State, if the membership of passengers to another state is recognizable. KSR assumes no liability for loss arising from non-compliance with the above regulations.
11.2. KSR is not responsible for the issuing and receipt of visas by the respective diplomatic representation if the traveler has asked the travel agent with the procurement unless that KSR is responsible for the delay.
11.3. A traveler who has not known before or during travel on full and proper travel documents may be excluded from the trip. Expenses in this case cannot be refunded.
12.1. With a new catalog is automatically void the effectiveness of the conditions and prices of the previous catalog.
13.1. The client can only sue the KSR at its headquarters.
13.2. For complaints of KSR against the client the residence of the traveler is decisive, unless the action is directed against merchants or individuals who have no general jurisdiction in land, or against persons who have changed their place of residence or usual place of abode to abroad, or whose domicile or habitual residence at the time of the action is not known. In these cases, the headoffice of KSR is decisive.
13.3. The ineffectiveness of individual provisions of the travel agreement or the terms does not invalidate the entire contract.
14. Interpretation and jurisdiction
14.1. The interpretation of these terms and conditions, as well as the settlement of any disputes that may arise in this context, are exclusively subject to Portuguese law and are negotiated by the Portuguese courts.
15. Responsible for Karma Surf Retreat:
Karma Retreats Lda.
Shareholder: Jens Kielmann & Timo Janitzki
Condomino Malveira-Guincho, Lote 37
mobile: +351 96 562 8817 /+351 91 536 1977
fax: +49 3212 121 4390
mail: team (at) karmasurfretreat.com