Form for informing the traveller in the case of a package holiday in accordance with Section 651a of the German Civil Code (Bürgerliches Gesetzbuch).
The combination of travel services offered to you is a package travel within the meaning of Directive (EU) 2015/2302.
Therefore, you can make use of all EU rights that apply to package tours. Surf Spirit UG (haftungsbeschränkt) & Co. KG bears full responsibility for the proper performance of the entire package tour.
Your main rights under Directive (EU) 2015/2302:
1. Travellers receive all essential information about the package before concluding the package travel contract.
2. At least one trader is always responsible for the proper performance of all travel services included in the contract.
3. Travellers shall be provided with an emergency telephone number or contact details for contacting the organiser or the travel agent.
4. Travellers may transfer the package to another person within a reasonable period of time and possibly at additional cost.
5. The price of the package may only be increased if certain costs (for example 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. If the price increase exceeds 8% of the package price, the traveller may withdraw from the contract. If a tour operator reserves the right to increase the price, the traveller has the right to a price reduction if the corresponding costs decrease.
6. Travellers may withdraw from the contract without paying a withdrawal fee and receive a full refund of all payments if any of the essential elements of the package, other than the price, are substantially altered. If the operator responsible for the package cancels the package before the start of the package, travellers are entitled to a refund and may be entitled to compensation.
7. Travellers may withdraw from the contract without paying a withdrawal fee if exceptional circumstances arise before the start of the package, for example if there are serious security problems at the destination which are likely to affect the package.
8. In addition, travellers may withdraw from the contract at any time before the start of the package on payment of a reasonable and justifiable cancellation fee.
9. If, after the start of the package, essential elements of the package cannot be performed as agreed, reasonable alternative arrangements shall be offered to the traveller at no extra cost. The traveller may withdraw from the contract without paying a withdrawal fee (in the Federal Republic of Germany this right is called "cancellation") if services are not provided in accordance with the contract and this has a significant impact on the provision of the contractual package tour 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 not provided properly.
11. The tour operator shall assist the traveller if the traveller is in difficulty.
12. In the event of the insolvency of the organiser or, in some Member States, the travel agent, payments shall be refunded. If the insolvency of the organiser or, where relevant, the retailer occurs after the start of the package and the transport is part of the package, the repatriation of the passengers shall be guaranteed.
Website where Directive (EU) 2015/2302 as transposed into national law can be found: www.umsetzung-richtlinie-eu2015-2302.de
General Terms and Conditions of Travel of Surf Spirit GmbH & Co KG
These following provisions become part of the package travel contract between you and us. They supplement the statutory provisions of §§ 651a - y German Civil Code (BGB) and Articles 250 and 252 of the Introductory Act to the German Civil Code (EGBGB) and fill them out.
Please read these travel conditions carefully before booking!
1. Our position as an agent for airport transfer services
1.1. Our travel services do not include the transfer from the airport to the hotel and back. Insofar as the transfer is not expressly stated in the travel description as a component of our offered and implemented package tour, we do not offer the airport transfer as our own service, but as an arranged service in addition to the package tour.
1.2. The mediator position obliges us in particular:
a) With the respective offer for the mediation of a service, we refer to our mediation position, stating the provider and contractual partner in the event of a booking.
b) We show the price of the brokered service separately from the price of the package tour.
c) We will provide you with a travel confirmation corresponding to the above information, in which the price of the brokered service is shown separately.
1.3. Our liability from the brokerage contract remains unaffected by the above provisions.
2. Conclusion of the travel contract
2.1. With your booking via our online portal, you offer us the binding conclusion of the travel contract. The basis of this offer is the travel description on our website and the supplementary information that we provide for the respective trip, insofar as these are available at the time of booking. The receipt of your booking will be confirmed to you electronically without delay.
The transmission of your booking by pressing the button "book with obligation to pay" does not constitute a claim 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 contractual offer.
If the travel confirmation takes place immediately after you have made the booking by pressing the button "book with obligation to pay" by corresponding direct display of the travel confirmation on the screen (booking in real time), the package travel contract comes into effect with the receipt and display of this travel confirmation on your screen, without the need for an intermediate notification of the receipt of your booking according to b), insofar as you are offered the possibility to save on a permanent data carrier and to print out the travel confirmation. However, the binding nature of the package travel contract is not dependent on you actually using these options for storage or printing. We will also send you a copy of the travel confirmation in text form.
2.2. The minimum age for participation in the trips we offer is 18 years.
2.3. If you book the trip for several persons 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 booked by you. 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 pointed out the change with regard to the new offer and have fulfilled our pre-contractual information obligations and you declare acceptance of the new offer by express declaration or down payment within the ten-day binding 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 (Introductory Act to the German Civil Code) shall 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 according to §§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB (German Civil Code) you do not have a legal right of withdrawal for package travel contracts according to § 651a and § 651c BGB, which are concluded in distance selling (§ 312c BGB) (e.g. via telephone, e-mail, online services).
3. Payment information
3.1. We may only demand or accept payment of the tour price before the end of the package tour if there is an effective customer money protection contract and you have been given the protection certificate with the name and contact details of the customer money protector in a clear, comprehensible and prominent manner. After conclusion of the contract a deposit of 20 % of the travel price is due immediately against handing over of the security certificate. The remaining payment is due four weeks before the start of the trip, provided that the security certificate has been handed over and the trip can no longer be cancelled for the reason stated in section 10.2. In the case of a booking from the 28th day before the start of the tour, the entire tour 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 set-off or retention on your part, and if you are responsible for the delay in payment, we are entitled to withdraw from the package tour contract after a reminder with a deadline and after the deadline has expired and to charge you with withdrawal costs in accordance with section 7.
3.3. All payments must be made to Surf Spirit GmbH & Co KG.
4. Special instructions for on-site accommodation
4.1. The accommodation may only be occupied by the adult persons 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. Refunds or offsetting will be made if the accommodation is left in the condition in which it was handed over to you at the end of your stay.
4.2. We will make every effort to meet your request for special services that have not been advertised (e.g. adjacent rooms or rooms in a certain location). Insofar as special services are requested, the provision of which is associated with an expense, the costs are not included in the tour price and, unless otherwise stated in the tour description or the tour confirmation, are to be paid directly on site.
4.3. The taking along of pets is only permitted in those cases in which the travel advertisement expressly permits this.
5. On-site support and travel extension
5.1. During your stay, you will be looked after by our local partners, who are responsible for providing the booked travel services. They will welcome you on your arrival and will be available to you as a contact person in all matters concerning your trip. In particular, they are also instructed to assist you in accordance with § 651q BGB (German Civil Code) if you find yourself in difficulties. You will find the necessary information for contacting them (including telephone numbers) in the travel confirmation.
5.2. Our local partners are not entitled to accept claims of any kind.
5.3. If you would like to stay longer, please contact us or our local partners as early as possible. We will gladly 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 will be calculated on the basis of the then applicable prices and conditions and is due immediately in accordance with clause 3.2 and is payable directly to us in accordance with clause 3.4. In the event of a travel extension, please note the period of validity of your travel insurance and any visas required.
6. Performance changes
6.1. We are only permitted 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 nature of the booked trip and are declared before the start of the trip. Possible warranty claims remain unaffected, especially if the changed services are defective.
6.2. We are obliged to inform you about changes in services immediately after knowledge of the reason for the change on a durable data medium (e.g. e-mail). If necessary, we will offer you a free rebooking or a free withdrawal in the case of even insignificant changes to essential travel services.
6.3. If, due to a circumstance occurring after the conclusion of the contract, we are only able to provide you with the trip with a significant change to the essential characteristics of the travel services or only with a deviation from your special specifications that have become part of the travel contract, you are entitled, within a reasonable period of time set by us with the notification of the change, either to accept the change or to withdraw from the travel contract free of charge or to demand participation in a substitute trip if we have offered you such a trip. You have the choice to respond to our notice or not. If you do not react or do not react within the set period, the notified change is deemed to be accepted. We must point this out to you in the declaration pursuant to section 6.2.
6.4. Any warranty claims remain unaffected insofar as the changed services are defective. If we incur lower costs for the implementation of the modified trip or substitute trip, you will be reimbursed the difference in accordance with § 651m paragraph 2 BGB.
7. Cancellation 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 withdrawal must be declared to us.
7.2. If you withdraw before the start of the trip, we lose our claim to the tour price. Instead, we can demand reasonable compensation insofar as we are not responsible for the withdrawal or no extraordinary circumstances occur at the destination or in its immediate vicinity that significantly affect the implementation of the trip or your transport to the destination; circumstances are unavoidable and extraordinary if they are beyond 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 as a lump sum in section 7.4. They are determined by the travel price less the value of the expenses saved by us and less what we acquire through other use of the travel services. The following lump sums also take into account the period between your cancellation notice and the start of the trip. In addition, you are free to prove that the fees to which we are entitled are significantly lower than the compensation lump sum demanded by us.
7.4. The flat-rate cancellation fee is per person in the event of cancellation:
- 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,
- 80 % from the 14th day before the start of the journey
- from the 7th day before departure 90 % of the tour price.
The compensation fees are due immediately.
7.5. In any case, you are at liberty to prove to us that we have not suffered any damage at all or that the damage is considerably less than the flat-rate compensation demanded by us.
7.6. A compensation lump sum according to clause 7.4. shall be deemed not to have been fixed and agreed, insofar as we prove that we have incurred significantly higher expenses than the calculated amount of the lump sum according to clause 7.4. In this case, we shall be obliged to specifically quantify and justify the compensation demanded, taking into account the expenses saved and the acquisition of any other use of the travel services.
7.7. If we are obliged to refund part or all of the travel price as a result of your cancellation, we must do so without delay, but in any case within 14 days of receipt of your cancellation notice.
7.8. Your right to designate a substitute participant within a reasonable period of time before the start of the trip by means of a declaration on a durable data medium (see section 8.2 below) remains unaffected by the above conditions. Such a declaration is in any case timely if it is received by us no later than seven days before the start of the trip.
8. Rebooking and substitute person
8.1. We will endeavour to make rebookings at your request and where possible. You can change your booking 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 will be charged for this. For changes to the travel date from the 60th day before departure, the following applies: The change is deemed to be a withdrawal from the travel contract under the conditions according to section 7.4 with simultaneous new 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 enters into your rights and obligations under the travel contract. The declaration is in any case timely if it is received by us 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 fulfil contractual travel requirements. If a third party takes your place, we are entitled to demand 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 demand reimbursement of such additional costs which result from the fact that a contract which we have concluded with a service provider (e.g. landlord of the accommodation on site) for the fulfilment of our obligations from the travel contract cannot be transferred to a third party, which is why we must conclude a new contract - even at a higher price - with the respective service provider in favour of the third party in order to fulfil our obligations from the travel contract. We must provide you with proof of the amount of additional costs incurred due to the entry of the third party. The proof that with the entrance of the third no or substantially lower costs developed, remains untouched to you. You and the substitute person are jointly and severally liable for the tour price and the costs incurred by the substitute person.
9. Travel insurance
We recommend that you take out a comprehensive travel insurance package, including in particular travel cancellation insurance and insurance to cover repatriation costs in the event of accident, illness or death.
10. Withdrawal and termination by Surf Spirit GmbH & Co. KG
10.1. We can terminate the travel contract without notice if the implementation of the trip is disturbed despite an appropriate warning by you. The same applies if you behave in such a way contrary to the contract that the immediate cancellation of the contract is justified. In these cases, we retain the right to the tour price, but must take into account the value of saved expenses as well as those benefits that we obtain from another use of unused services, including any reimbursements by 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 can withdraw from the travel contract up to 30 days before the start of the trip. By this time at the latest, you must also have received our cancellation notice. We will of course inform you if it becomes apparent at an earlier point in time that the minimum number of participants cannot be reached. The cancellation notice will be sent to you immediately. You will then receive the paid travel price back immediately, but in any case within 14 days after receipt of our cancellation notice.
10.3 We can withdraw from the contract before the start of the trip if we are prevented from fulfilling the contract due to unavoidable, extraordinary circumstances; in this case, we must notify you of the withdrawal immediately after becoming aware of the reason for withdrawal. In this case we lose the claim to the agreed travel price. We will refund the travel price paid in accordance with section 10.2 sentence 3.
11. Remedy, reduction, notice of defects, termination
11.1. If a travel service is not provided or not provided free of travel defects, you can request remedy informally. The request for remedy is to be addressed to us or our local partners. Remedy can only be refused by us if it is impossible or is associated with disproportionate costs, taking into account the extent of the travel defect and the value of the travel service concerned.
11.2. You can also demand a reduction of the travel price if travel services have not been provided or have not been provided free of travel defects and you have not culpably omitted to report the defect immediately (without culpable delay). If the notification of defects is not made in time, the legal consequences of the reduction will only come into effect from the time of the delayed notification. Our local partners are commissioned to accept your notifications of defects.
11.3. Insofar as we are unable to provide a remedy as a result of a culpable failure to report the defect, you can assert neither claims for reduction in accordance with § 651m BGB nor claims for damages in accordance with § 651n BGB. Furthermore, the reduction is also excluded if you have caused the defect yourself or have rejected a reasonable offer of remedy without reason or were aware of the defect when the contract was concluded and then reported the defect immediately.
11.4. If your trip is significantly impaired by a travel defect and we do not provide a remedy within a reasonable period, you can terminate the travel contract. If the contract is terminated, we retain the claim to the agreed travel price to the extent of the travel services provided. With regard to the travel services that are no longer to be provided, our claim to the agreed travel price shall lapse; payments already made in this respect shall be reimbursed by us.
12. Surf and Yoga Courses; Special Obligations of the Passenger for Surf Courses
12.1. Yoga and surf lessons are given in English or German.
12.2. Insofar as surfing lessons are part of the trip offered by us, we would like to point out that participation in surfing lessons requires physical fitness and is therefore not suitable for persons with reduced mobility. Surfing lessons are conducted under the guidance of an instructor or a similarly qualified person. Participation in surfing lessons nevertheless requires a high degree of personal responsibility on the part of the participant. In this context, we expressly refer to our important notes on surfing courses.
13. Limitation of liability
13.1. Our contractual liability for damages that do not result from injury to life, body or health and are not culpably caused is limited to three times the travel price.
13.2. For all claims for damages directed against us due to tortious acts that are not based on intent or gross negligence, the liability for property damage is limited to the amount of three times the travel price.
13.3. We are not liable for service disruptions, personal injury and property damage in connection with services that are merely arranged as third-party services (e.g. excursions, transport services to and from the advertised place of departure and destination) if these services are expressly and clearly identified as third-party services, stating the contractual partner arranged, in such a way that you can see that they are not part of the package tour.
13.4. Participation in sports and leisure activities not offered as part of the trip is your own responsibility. 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 that you take out accident insurance.
13.5. We are not liable for service disruptions, personal injury and property damage in connection with services that are merely arranged as third-party services (e.g. arranged excursions, events, etc.) if these services have been expressly and clearly identified as third-party services, stating the identity and address of the arranged contractual partner, in such a way that the traveller can see that they are not part of our package tour and have been selected separately. Sections 651b, 651c, 651w and 651y BGB remain unaffected by this.
13.6. However, we shall be liable if and to the extent that the damage suffered by the traveller is caused by a breach of our duties to inform, explain or organise.
13.7. Insofar as services such as massages or other healing treatments or services are not part of our package tour and are merely arranged by us in accordance with Clause 13.5, we shall not be liable for the provision of services or for personal injury or damage to property. The liability arising from the agency relationship remains unaffected.
Insofar as such services are components of the travel services, we shall not be liable for the success of a cure or spa treatment.
It is your sole responsibility to inform yourself before booking, before departure and before using such services, whether the corresponding services are suitable for you, taking into account your personal health disposition. In this respect, we do not owe you any special medical information, in particular tailored to the respective customer, without an express agreement. 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
You are obligated to cooperate in avoiding or minimizing damages in the event of service disruptions.
The claims and rights referred to in Section 651i (3) of the German Civil Code (BGB) shall become statute-barred after two years. The claims are to be asserted against us. The limitation period begins on the day on which the trip ends according to the travel contract. The foregoing also applies to the claim for restitution that may arise after a cancellation 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 any - voluntary for it - procedure for alternative dispute resolution in accordance with the Consumer Dispute Resolution Act. Therefore, such a procedure and also the platform for online dispute resolution provided by the EU Commission at http://ec.europa.eu/consumers/odr/ cannot be used.
16.2. For customers/travellers 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/travellers may sue us exclusively at our registered office in Bielefeld.
16.3. For legal action by us against customers or contractual partners of the package tour contract who are merchants, legal entities under public or private law or persons whose place of residence or habitual abode is abroad or whose place of residence or habitual abode is unknown at the time the action is brought, it is agreed that the place of jurisdiction is our registered office in Bielefeld.
16.4. The assignment of claims against us is excluded. This does not apply to family members or travellers in a jointly registered group.
17. Passport, visa and health regulations
17.1. We will inform you about the general passport and visa requirements as well as health formalities of the country of destination including the approximate deadlines for obtaining the necessary visas before the conclusion of the contract as well as about any changes before the start of the journey.
17.2. For our locations in Sri Lanka we refer to the travel and security advice of the German Foreign Office: https://www.auswaertiges-amt.de/de/aussenpolitik/laender/srilanka-node/ srilankasicherheit/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 travel and security advice of the German Foreign Office: 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, we also refer to the travel and security advice of the German Foreign Office: https://www.auswaertiges-amt.de/de/aussenpolitik/laender/spanien- node/spaniensicherheit/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 required vaccinations and for complying with customs and foreign exchange regulations.
18. Data protection
The personal data that you provide us with will be collected, electronically stored, processed and transmitted to third parties (e.g. service providers such as the operator of the accommodation), insofar as they are necessary for the performance of the contract. You can find further information on the handling of your data in our data protection declaration at: https://surf-spirit.info/de/datenschutz.
19. Special arrangements in connection with pandemics (in particular the Corona virus)
19.1. We agree that the agreed travel services are always provided by the respective service providers in compliance with and in accordance with the official requirements and conditions applicable at the time of travel.
19.2. You agree to observe reasonable usage regulations or restrictions of the service providers when using travel services and to inform the travel management and the service provider immediately in the event of typical symptoms of illness occurring.
Tour Operator is:
Surf Spirit GmbH & Co KG
Am Lenkwerk 7
D - 33609 Bielefeld
Tel.: + 49 16098370183
Management: Nils Schlüter
Status: June 2022