Sales- and booking conditions
The happy surfers AS is a Norwegian company with reg. number 926 724 932: hosting surf and yoga retreats in Morocco to individuals and businesses. These Terms and Conditions govern the contractual relationship between The happy surfers and the “participant” when booking a spot at one of our retreats at www.thehappysurfers.no, participating in an activity or buying any related products. Since these Terms and Conditions constitute an agreement between you and The happy surfers, it is important that you carefully read these terms before booking your trip or buying any of our products.
Our terms and conditions are written in English. If you have any problem understanding the content in this document, please contact us by mail: firstname.lastname@example.org
Våre salgsvilkår er skrevet på engelsk. Dersom du har problemer med å forstå hele eller deler av dette dokumentet ber vi deg ta kontakt med oss på mail: email@example.com
The happy surfers AS is a Norwegian registered company and has therefore based these terms and conditions on the general conditions for Retreats set down by the Norwegian Travel Association; Reisebransjeforeningen (DNR), and the Consumer Board; Forbrukerombudet (FO). The terms and conditions have further been developed accordingly to the Norwegian Retreats Act of 25.08.1995.
By booking a spot at our retreat you acknowledge that you have read, understood and agreed to be bound by these terms. When a booking has been submitted to The happy surfers from our booking page, you will directly receive a booking confirmation and you will hear from us by mail within 24 hours after completion of your booking with further details. The booking is binding when the booking confirmation has been sent to you. If you make a booking on behalf of other participants, you guarantee that you have the authority to accept and do accept these terms on behalf of the other participants in your party. By booking on behalf of other participants, you are deemed to be the designated contact person for every participant included on that booking. This means that you are responsible for making all payments due in connection with your booking, notifying The happy surfers if any changes or cancellations are required and keeping your party informed. Anyone under the age of 18 on the date of travel is considered to be a minor and can not participate on our retreats. The happy surfers has the right to reject a Participant if he/she is without the necessary documents, such as a personal travel insurance. Any participant will by confirming a booking also confirm and accept our terms and conditions, data protection policy and package travel agreement. Group organizer takes on the responsibility of accepting these terms on behalf of their travel group.
OBLIGATIONS OF THE PARTICIPANT
The Participant is responsible and obliged to have a complete and valid passport as well as a personal travel insurance that covers medical treatment, cancellation and activities such as surfing and yoga. The Activities that are hosted by The happy surfers includes a certain risk (even with the presence of instructors/guides), and it is the Participant's own responsibility to make sure their insurance covers injuries caused by the activities we offer. The Participant is responsible for booking flights and / or other transport to the destination. The Participant shall behave and not in any way impair the comfort and enjoyment of the other members of the Retreat. The happy surfers reserves the right to withdraw any booking, or to refuse any individual as a member of the Retreat, if it appears, at The happy surfers discretion, that such individual is likely to endanger the health or safety, or impair the comfort and enjoyment of the other members of the Retreat.
PRICE AND PAYMENT
The price must be stated in such a way that the total price per Retreat is clearly stated. Payment for web clients can be made against credit/debit cards and can be divided into 2 payments: consisting of a deposit of 50% paid by credit/debit card upon booking, and the remaining 50 % which has to be paid in full by bank transfer 60 days prior to arrival at the latest to avoid cancellation of booking and loss of deposit. We have the right to cancel the booking and retain the deposit if payment has not been made in full within 60 days of arrival.
Companies and large group bookings will also have the option to pay against invoice. When payment is made against invoice, which is offered only for companies and group travels, the organizer will receive one invoice, with two different payment dates; one for the immediate deposit of 50%, and the other payment date is for the remaining 50% of the booking value. If the payment is delayed, a reminder with additional fee and new date of payment will be issued. By furthermore delays of payment, the case will be transmitted to a debt collector. Be aware that the booking is an obligatory agreement of purchase, and that you are obliged to pay unless you commence a written cancellation in accordance with the terms within section. If the terms of payment listed above are not withheld, The happy surfers have the right to regard the booking as annulled, and can prospectively sell the booking to someone else.
CHANGES REQUESTED BY THE PARTICIPANT BEFORE DEPARTURE
For changes made after the Agreement has become binding upon the parties, The happy surfers has, in addition to the reimbursement for the actual costs resulting from the changes, the right to charge an administrative fee. Adding services, such as airport transfer and delux/ensuite room, can be made up until 3 days prior to arrival.
CHANGES/CANCELLATIONS MADE BY THE HAPPY SURFERS BEFORE DEPARTURE
If the Retreat has to be cancelled or if it cannot be carried out as agreed, the Participant will be informed as soon as possible. If the change results in a reduction of the value of the Retreat, the Participant is entitled to a price reduction. However, this does not apply to any changes or deviations that may be considered to be of minor importance to the Participant. If we can not fulfill what we have committed to under the Agreement and this constitutes a significant breach of contract for the Participant, the Participant may: cancel the Agreement and recover all the amount paid by the Participant who made the booking under the Agreement; or participate in another Retreat, if we can offer this. In so far as the Participant wishes to terminate the Agreement for the reasons stated in this section, The happy surfers shall be informed within a reasonable period of time, one month prior to start date of the retreat. If this is not done, you will lose the right to terminate the Agreement.
CHANGES MADE BY THE HAPPY SURFERS AFTER DEPARTURE
Due to later events, we may not be able to provide parts of the agreed services after departure. For certain Retreats, it may for example be difficult to predict the precise outcome because of their special nature. Changed natural conditions, road change, political events, etc. may cause us to make changes to the travel plan. In such cases, if possible, we will offer the Participant compensational activities. If the change causes a degradation for the Participant, this may be entitled to damages and / or deductions. If The happy surfers finds it necessary, an already started Retreat can be cancelled or changed. If changes to the agreed services are due to circumstances beyond our control which we could not reasonably have expected to count on when the Agreement was concluded and whose consequences we could not reasonably have avoided or overcome; the Participant is not entitled to damages.
THE PARTICIPANT'S RIGHT TO CANCEL THE RETREAT
The Participant's cancellation of the Retreat must be done in writing by mail. Send us a written cancellation with the number of your Booking Confirmation and your account number included, and we will refund the amount within 2 weeks from the cancellation date. The date of which The happy surfers receive the cancellation will be crucial for the amount of the refund / the Participant's payment responsibilities.
Cancellation in days before departure: Percentage of total refund:
30 days or less to arrival: 50% (you will be charged 50 % of the total amount)
10 days or less to arrival: 0% (you will be charged 100 % of the total amount)
There will be no refund if the Participant chooses to cancel a Retreat after it has commenced.
The happy surfers, as well as the Participant, has the right to withdraw from the Agreement, after the Agreement has become binding upon the Parties, if a natural disaster, war, mobilization or military call-up of larger scale, requisition, seizure, authority regulations, contagious diseases and riots or other events that significantly influences the performance of a Retreat or the conditions of the travel destination at the time when the Retreat is to be carried out. If the Participant or The happy surfers waive the Agreement under this provision, the Participant is entitled to a refund of what he / she has paid under the Agreement. If The happy surfers waive the Agreement under this provision, the Participant is not entitled to damages or any other penalties. A statement issued by the Ministry of Foreign Affairs refraining from travel to the current travel destination shall be regarded as such an event. The Participant is not entitled to withdraw from the Agreement in accordance with this clause if, at the conclusion of the Agreement, he/she knew that such an incident occurred as referred to in this section or if the event was generally known. The cancellation by force majeure is not valid if the retreat at the destination does not have to close due to the force majeure, e.g. if there is a volcano eruption causing a cloud of ashes that will lead to flight cancellations. The happy surfers does not offer or sell flights, and is therefore not obliged to refund their packages if there is a flight cancellation that leads to the customer being hindered from arriving in time, and in such cases this must be taken with the participants individual travel insurance.
REFUNDS, COMPLAINTS, CLAIMS AND ERROR CORRECTION
In the event of a defect in the agreed services, the Participant shall immediately, after having noticed or should have noticed the defect, give The happy surfers the opportunity to correct the defect. Complaints should be made on the journey if possible. If it has been possible to make the complaint before returning home, but this has not happened, the Travellers right to complain has been lost. The Participant shall, as far as possible, ensure that the complaint is documented in writing by us at the destination. The Participant may not invoke a defect if a complaint has not been made in accordance with this section above. Claims for damages or deductions shall be made to The happy surfers immediately after the end of Retreat and within 7 days of check out date to firstname.lastname@example.org. If a claim is made due to defects in the Retreat later than these 7 days the Participant is deemed to have lost the right to invoke the defect. If we offer to correct the error, the Participant may not demand a deduction or cancel the Agreement, provided that the correction is made within a reasonable time and at no additional cost or material disadvantage to the Participant.
PARTICIPATION IN ACTIVITIES
Please note that sometimes The happy surfers only acts as an intermediary and does not organize or perform the Activities offered at the destination. Activities may be organized and performed by an affiliate or subcontractor to The happy surfers. If the Activity is not organized by The happy surfers, The happy surfers is not responsible for the performance of the Activity. Different terms, regulations or laws may apply to an Activity not performed by The happy surfers and the relationship between the Participant and the party responsible for the Activity. If the Activity is not performed by The happy surfers, the Participant shall be informed who the responsible party is. If the Participant has questions, requests or complaints regarding the performance of the Activity the party responsible for the Activity should be contacted directly. Participants participate in all Activities on their own risk and are responsible for assessing whether a Retreat and/or Activity is suitable for them or not. Participants should consult a physician to confirm their fitness for travel and participation in any planned Activities. The happy surfers does not provide medical advice. It is the Participants responsibility to assess the risks and requirements of each aspect of the Retreat and Activity based on their unique circumstances, limitations, fitness level and medical requirements.
The happy surfers are not responsible for wind, wave and other weather conditions during your stay, and will have the right to cancel surf lessons and guided tours, if wind and weather conditions make it impossible or unsafe to run lessons as planned. Instructors and guides working for The happy surfers will have the full right to take decisions about whether the conditions are appropriate or not for lessons, and will also do their best to give the missing lesson(s) back at another time during your stay. Participants cannot claim a refund because of any weather conditions hindering in giving safe activity lessons.
The Participant agrees to be shown in photos and other marketing material used by The happy surfers to promote their services, taken on the time of the retreat. If this is not accepted by the participant, a written notice needs to be given to email@example.com before the end of the retreat.
LIMITATION OF LIABILITY
Without limiting any other provision of these Terms, to the fullest extent permitted by law, The happy surfers shall not be responsible or assume any liability to any Participant for: (a) any injury, damage, loss or delay affecting any person or property not arising from The happy surfers own negligence or breach; (b) any loss, damage, cost, expense or delay suffered or incurred due to circumstances beyond our reasonable control, including but not limited to:
actions of third parties,
force majeure events,
a failure by the Participant to comply with any of his or her obligations hereunder,
a failure by the Participant to possess, obtain or maintain any travel documentation required for the Retreat (e.g. health certificates, visas, valid passports, etc.)
a failure by the Participant to follow reasonable instructions, including but not limited to complying with specified check-in and check-out and/or meeting places and times.
To the fullest extent permitted by law, our maximum liability to any Participant for any loss, damage, cost and/or expense shall in no event exceed the amount of the Retreat fare paid to and received by us in respect of such Participant.
CODE OF CONDUCT
1. Respect in the camp, respect other guests and staff, including local staff
2. Safe environment free of discrimination and harassment. we will operate a zero tolerance policy for any form of harassment during our retreats and we treat all incidents seriously and will promptly investigate all allegations of harassment. Any person found to have harassed another will face disciplinary action, up to and including dismissal from the retreat.
3. Drugs and alcohol abuse is prohibited. Consumption of alcohol is not banned, but use good judgement and never drink in a way that leads to impaired performance or inappropriate behavior, endangers the safety of others or violates the law. Illegal drugs are strictly prohibited at any time, and will be treated with direct dismissal from our retreat covered by the participant him-/herself.
4. Protection of Camp Property: All guests should treat our retreats property and equipment with respect and care.
5. It is prohibited to use our internet connection to:
- Download or upload obscene, offensive or illegal material.
- Send confidential information to unauthorized recipients.
- Invade another person's privacy and gain access to sensitive information.
- Download or upload pirated movies, music, material or software.
- Visit potentially dangerous websites that can compromise our network and computers safety.
- Perform unauthorized or illegal actions, like hacking, fraud or buying/selling illegal goods.