Covid-19 Update

Bookings & Cancellation policy

Due to the coronavirus pandemic, the following more flexible conditions apply. Once the restrictions are lifted, so are the refund and rebooking options. 

Surf Spirit offers all guests a free rebooking to another week without giving reasons up to 4 weeks before arrival. Bookings directly affected by COVID-19 can be rebooked free of charge or 100% refunded up to 72h before the date of arrival. This applies exclusively to the following cases:

- Entry or exit is not possible due to border closures, lockdown measures or quarantine regulations.

- Restrictions in the destination country that make it impossible to perform the booked service.


Surf Spirit is not liable for any flight cancellations or delays. In these cases we will find an individual solution, but cannot guarantee a refund. General country travel warnings or lack of testing or vaccination requirements for entry into the destination country are also excluded from the above cancellation conditions.

Surf Spirit offers free rebooking options for all existing bookings that could not take place due to COVID-19. If you are affected by this and have not yet contacted us, you are welcome to do so at any time by contacting: management@surf-spirit.info.

Should Surf Spirit cancel the booked trip, there is always the option of a 100% refund, rebooking or voucher.


In all cases we advise you to always follow these steps:

1. Contact your private insurance company for any refund requests

2. Contact your flight company for issues regarding your tickets

3. Take out an international health insurance policy that covers COVID-19 in particular


How to make your cancellation:

The cancellation must be done in writing, either by mail or e-mail to management@surf-spirit.info Send us a written cancellation with the number of your booking confirmation, travelling dates, name and if you request a rebooking or refund.

If you request a rebooking please state your new preferred travelling week. If you do not have new dates yet that is no worries. You can request a rebooking giving new dates with us anytime via e-mail. If you request a refund due to travel restrictions imposed by COVID-19, please send proof of why you have to cancel your trip.  

If your booking is not directly affected by the Coronavirus and you wish to request a refund or a rebooking please see our general cancellation conditions in 6.


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 


1 Conclusion of the travel contract 


1.1 By making a booking via our online portal, you are making a binding offer to conclude a travel contract. The basis of this offer is the travel description on our website and the pre-contractual information that we provide for the respective trip, insofar as this is available at the time of booking. The travel contract is concluded upon receipt of our booking confirmation. The booking confirmation does not require any particular form. 


1.2 The minimum age for participation in the tours offered by us is 18 years. 


1.3 If 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. Yoga and surf lessons are held in English or German. 


1.4 If you book the trip for more than one person listed in your booking, you are liable for all contractual obligations of these persons as for your own, if you have assumed a corresponding obligation by means of an express and separate declaration. 


1.5 The booking confirmation contains all essential information about the travel services you have booked. If the details in our booking confirmation differ from your booking, we shall be bound by the new offer for ten 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. 


1.6 The pre-contractual information provided by us on 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 (Art. 250 § 3 No. 1, 3-5, 7 EGBGB) shall only not become part of the travel contract if this is expressly agreed between the parties.


1.7 We would like to point out that according to §§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB (German Civil Code) there is no 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).



2 Payment information


2.1 After conclusion of the contract, the deposit of 20% of the total price is due immediately.


2.2 The remaining price is due four weeks before departure. In the case of a booking made on or after the 28th day before the start of the tour, the entire tour price is due immediately.


2.3 The fees in the event of cancellation (see section 6) and processing and rebooking fees (see section 7) are due immediately in each case.


2.4 All payments are made directly to Surf Spirit GmbH & Co. KG.


2.5 If due payments are not made or not made in full and you do not pay even after a reminder with a grace period, we can withdraw from the respective travel contract unless there is already a significant travel defect at this time. If we withdraw under the above-mentioned conditions, we can demand cancellation fees as compensation in accordance with sections 6.2 and 6.4.



3 Special instructions for on-site accommodation


3.1 The accommodation may only be occupied by the adult persons listed in the booking confirmation. The stated 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. Repayment or set-off 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.


3.2 We will endeavour to accommodate your request for non-advertised special services (e.g. adjacent rooms or rooms in a particular location) where possible. Insofar as special services are requested, the provision of which is associated with a cost, the costs are not included in the tour price and, unless otherwise stated in the tour description or booking confirmation, are to be paid directly on site.


3.3 Pets may only be brought along in cases where this is expressly permitted in the tour description.



4 On-site support and travel extension


4.1 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 arrival and will be your contact for all matters relating to 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 information you need to contact them (including telephone numbers) in the booking confirmation.


4.2 Our local partners are not entitled to accept claims of any kind.


4.3 If you wish to stay longer, please contact us or our local partners as early as possible. We will be 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 will be calculated on the basis of the then applicable prices and conditions and will be due immediately in accordance with section 2.2 sentence 2 and is to be paid directly to us in accordance with section 2.4. In the event of a travel extension, please note the period of validity of your travel insurance and any visas that may be required.



5 Changes to services


5.1 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. Any legal claims remain unaffected, in particular insofar as the changed services are defective.


5.2 We are obliged to inform you about changes to services immediately after becoming aware of the reason for the change on a permanent data medium (e.g. e-mail). If necessary, we will offer you a free rebooking or a free cancellation in the event of even insignificant changes to essential travel services.


5.3 If, due to a circumstance occurring after the conclusion of the contract, we are only able to provide you with the tour 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 tour if we have offered you such a tour. 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 statement pursuant to section 5.2.


5.4 Any legal claims remain unaffected insofar as the changed services are defective. If we incur lower costs for the implementation of the changed trip or replacement trip, you will be reimbursed the difference in accordance with § 651m para. 2 BGB.



6 Withdrawal before the start of the trip/cancellation fees


6.1 You can withdraw from the travel contract at any time before the start of the tour. The withdrawal must be declared to us.


6.2 If you withdraw before the start of the tour, we lose our claim to the tour price. Instead, we may demand reasonable compensation insofar as we are not responsible for the withdrawal or there are no extraordinary circumstances at the destination or in its immediate vicinity which significantly impair the performance of the tour 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.


6.3 The cancellation fees are set out as flat rates in section 6.4. They are determined on the basis of the tour price, the value of the expenses saved by us and what we acquire through other uses of the travel services. The following flat rates also take into account the period between your cancellation notice and the start of the tour. You are also free to prove that the fees to which we are entitled are significantly lower than the flat-rate compensation demanded by us.


6.4 The flat-rate entitlement to cancellation fees per person in the event of cancellation 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%,

- from the 30th day before departure 70%,

- from the 14th day before departure 80%,

- from the 7th day before departure 90 % of the tour price.


6.5 We reserve the right to demand higher, individually calculated compensation instead of the above flat rates, insofar as we can prove that we have incurred significantly higher expenses than the applicable flat rate.


6.6 If we are obliged to refund part or all of the travel price as a result of your withdrawal, we must do so immediately, but in any case within 14 days of receipt of your notice of withdrawal.


6.7 Your right to appoint 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 7.2 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 tour.



7 Rebooking and substitute person


7.1 We will endeavour, at your request and insofar as the possibility exists, to change the date of travel by the end of the 61st day before departure. A separate fee of € 25,- per person will be charged for this. The following applies to changes to the travel date from the 60th day before departure: The change is deemed to be a withdrawal from the travel contract under the conditions according to section 6.4 with a simultaneous new registration. In this case, the tour price will be recalculated in full on the basis of the then applicable prices and conditions.


7.2 Within a reasonable period of time before the start of the tour, you can declare on a durable medium that an adult third party is taking over your rights and obligations under the travel contract. The declaration is in any case on time if it reaches us no later than seven days before the start of the trip. We may object to the third party taking your place if the third party does not fulfill 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 have actually been 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 under the travel contract cannot be transferred to a third party, which is why a new contract is concluded in favour of the third party for the fulfilment of our obligations under the travel contract. We must provide you with proof of the amount of additional costs incurred due to the entry of the third party. You are at liberty to prove that no costs or significantly lower costs were incurred due to the entry of the third party. You and the substitute person are jointly and severally liable for the tour price and the costs incurred by the substitute person.


8 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 accident, illness or death.


9 Cancellation and termination by Surf Spirit GmbH & Co. KG


9.1 We can terminate the travel contract without notice if the implementation of the trip is permanently disrupted despite a corresponding warning you received from us. The same applies if you act in breach of contract to such an extent 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.


9.2 If the minimum number of participants specified in the pre-contractual information, which becomes part of the travel contract after receipt of the booking confirmation, is not reached, we can withdraw from the travel contract up to four weeks before the start of the tour. 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 point in time that the minimum number of participants cannot be reached. The cancellation notice will be sent to you immediately. You will then be refunded the travel price immediately, but in any case within 14 days of receipt of our cancellation notice.


9.3 We may withdraw from the contract before the start of the tour 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 will lose the claim to the agreed tour price. We will refund the travel price paid in accordance with section 9.2 sentence 3.



10 Remedy, reduction, notice of defects, termination


10.1 If a travel service is not provided or is not provided free of travel defects, you can request remedy informally. The request for remedy must be addressed to us or our local partners. We can only refuse to remedy the situation if it is impossible or involves disproportionate costs, taking into account the extent of the travel defect and the value of the travel service concerned.


10.2 You may also demand a reduction in the tour 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 defect is not reported in time, the legal consequences of the reduction will only come into effect from the time of the late notification. Our local partners are commissioned to receive your notifications of defects.


10.3 If we are unable to provide a remedy as a result of your culpable failure to notify us of the defect, you cannot assert claims for a reduction in price in accordance with § 651m BGB (German Civil Code) or claims for damages in accordance with § 651n BGB. 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 at the time of conclusion of the contract and then reported the defect without delay.


10.4 If your trip is considerably impaired by a travel defect and we do not provide a remedy within a reasonable period of time, you may 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; we shall reimburse any payments already made in this respect.


11 Compensation


In the event of a travel defect, you may claim damages without prejudice to reduction or termination, unless the travel defect is your fault or the fault of a third party who is neither a service provider nor otherwise involved in the provision of the travel services covered by the travel contract and was not foreseeable or avoidable for us or was caused by unavoidable, extraordinary circumstances.



12 Limitation of liability


12.1 Our contractual liability for damages other than bodily injury shall be limited to three times the tour price, insofar as damage is not culpably caused.


12.2 For all claims for damages against us arising from tort not based on intent or gross negligence, liability for property damage is limited to three times the tour price.


12.3 We shall not be liable for disruptions to services, personal injury and material 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.


12.4 Participation in sports and leisure activities not offered as part of the tour 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 Duty to cooperate


You are obliged to cooperate in avoiding or minimising damage in the event of disruptions to performance.


14 Statute of limitations


The claims and rights referred to in § 651i para. 3 BGB (German Civil Code) are subject to a limitation period of two years. The limitation period begins on the day on which the tour ends according to the travel contract. The above also applies to any claim for restitution arising after cancellation or reduction (§§ 651l para. 2 sentence 2, § 651m para. 2 sentence 1 BGB).


15 Consumer dispute resolution and assignment


15.1 Surf Spirit GmbH & Co. KG does not currently participate in a - 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.


15.2 The assignment of claims against us is excluded. This does not apply to family members travelling together or travellers in a jointly registered group.


16 Passport, visa and health requirements


We will inform you of the general passport and visa requirements as well as health formalities of the country of destination, including the approximate deadlines for obtaining any necessary visas, prior to the conclusion of the contract and of any changes prior to departure.


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. The information on passport and visa requirements can be found under the heading "Entry and Customs".


For our location in Indonesia, please refer to the travel and security advice of the German Foreign Office: https://www.auswaertiges-amt.de/de/aussenpolitik/laender/indonesien- node/indonesiensicherheit/212396. The information on passport and visa requirements can be found under the heading "Entry and Customs".


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. The information on entry requirements can be found under the heading "Entry and customs”.


16.2 You are responsible for obtaining and carrying the necessary travel documents, any required vaccinations and for complying with customs and foreign exchange regulations.


17 Data protection


The personal data you provide us with will be electronically stored, processed and transmitted to third parties (e.g. service providers such as the operator of the accommodation) insofar as it is 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.


18 General

The invalidity of individual provisions of the travel contract shall not result in the invalidity of the entire travel contract. The same applies to these General Terms and Conditions of Travel.


These travel conditions and notes apply to: 

Surf Spirit GmbH & Co. KG 

Am Lenkwerk 7

D - 33609 Bielefeld

Tel.: + 49 16098370183

management@surf-spirit.info

Management: Nils Schlüter, Status: 01.03.2021

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