REGISTRATION AND PAYMENT – SURF COURSE

The registration can be made in writing, by telephone or in the online booking system and is made by the applicant for all participants named or listed in the registration. The applicant is responsible for the contractual obligation of the registered persons. In case of booking a surf course without accommodation, the contract is concluded with the acceptance by Davinga Nautico S.L.. The booking confirmation will be sent by e-mail to the address provided. The amount to be paid is then due on the course day before start of the course.

REGISTRATION AND PAYMENT – SURFCAMP

The registration can be made in writing or by telephone and is made by the applicant for all participants named or listed in the registration. The applicant is responsible for the contractual obligation of the registered persons. The booking confirmation will be sent by e-mail to the specified address. When booking the surf course with accommodation, a deposit of 20% of the price of the trip must be paid to the account of Davinga Nautico S.L. mentioned below, in order to make the trip binding. The balance must be paid 30 days before the start of the trip. In case of short notice booking less than 4 weeks before arrival, the full amount is due directly.

Bank details for the transfer of the deposit:

IBAN: ES4700496004162616039293

BIC: BSCHESMM

Recipient: Davinga Nautico S.L.

DELAYED PAYMENT

In the event of late payment, reminder fees of 30,- € will be charged. This applies to both partner agencies and course participants.

CANCELLATION AND WITHDRAWAL BY CUSTOMERS – SURF COURSE

A course day cancelled within 24 hours cannot be rescheduled to another day. 50% of the course price will be due in this case. The reason for this is legally limited places in the surf courses. In case of injury on the spot, a voucher will be issued for the remaining surfing days to be taken. This voucher has a validity of 2 years and is not transferable to other persons.

CANCELLATION AND WITHDRAWAL BY CUSTOMERS – SURFCAMP

Cancellation of bookings is possible at any time. We ask to send the cancellation in writing by e-mail. The cancellation is valid from the moment of receipt. Cancellation up to 7 days before arrival: due to illness or private reasons, the price of the trip will be fully refunded. Cancellation from 7 days before arrival: due to illness or for private reasons, an expense allowance of 50% on the tour price will be charged. Cancellation reasons due to force majeure are subject to the same conditions.

CONDITIONS OF PARTICIPATION

The participant expressly declares that from a medical point of view there are no objections to practicing the sport of surfing. Swimming safety and athletic ability are prerequisites for participation. The instructions of the teaching staff are to be followed. In case of irresponsible behavior that endangers the health or reputation of the participants or Davinga Nautico S.L., the participant can be excluded from the course after prior warning. In this case, the course fee will not be refunded. Davinga Nautico S.L. does not assume any responsibility for the supervision of underage participants, apart from its legal obligations to ensure safety.

If you have any of the following restrictions, please inform the instructor before each lesson. Participation is at your own risk.

asthmatic problems

diabetes

problems with shoulders / hinges

problems with back / intervertebral discs / backbone

cardiovascular disease / pacemaker

under influence of alcohol / drugs

acute injury / sickness

brain / vestibular system / nervous system disorder

blindness

deafness

pregnancy

Even in case of a previous surf course, the decision is up to the surf instructor, who has to judge the level of knowledge of the renter.

LIABILITY

The participation in the course, the arrival, the use of the services mentioned on the website and the stay are at the participant’s own responsibility. The liability of Davinga Nautico S.L. does not extend to dangers that are inevitably associated with the sport of surfing and are consciously accepted by the participant, as well as damages that occur to the participant during surfing due to the fault of other course participants or third parties. A liability insurance on the part of Davinga Nautico S.L. exists, which however only comes into force for accident services of the shuttle routes, but not for valuable articles which the participant takes with him to the beach. The organizer is not responsible for any loss or damage of the participants’ property. The equipment must be treated properly. In case of grossly negligent damage or loss, the participant is liable for the damage caused. Davinga Nautico S.L. is not responsible for weather conditions. If the course is not feasible due to weather conditions, the amount will not be refunded.

SUBSTITUTE PARTICIPATION / REBOOKING

Until the start of the trip, the participant can request that a third party takes his place in the rights and obligations under the travel contract. In this case, an amount of 10 euros per rebooking to a third party is to be paid by the participant for the change in the travel documents. The organizer can object to the entry of the third party if it does not meet the special travel requirements or its participation is contrary to legal regulations. If a third party enters the contract, he and the original participant are liable to the organizer as joint and several debtors for the travel price and the additional costs incurred by the entry of the third party.

CANCELLATION AND WITHDRAWAL BY THE ORGANIZER

Davinga Nautico S.L. can cancel or terminate the travel contract without notice before or after the start of the trip, if the participant persistently disturbs the execution of the trip despite a warning from the organizer or if he behaves in such a way contrary to the contract that the immediate cancellation of the contract is justified. If the organizer cancels the contract, the refund minus the office costs incurred will be paid to the customer. However, further claims cannot be asserted.

INSURANCES

Travel cancellation insurance is not included in the price. The conclusion of such an insurance is advisable. In addition, the conclusion of a foreign health insurance is recommended.

CHANGES TO THE COURSE OF THE EVENT

Changes in the course of the event cannot be ruled out. Especially in case of weather-related dangers, the course program can be changed and an alternative program can be offered. A money refund of the course price is excluded.

WARRANTY

The participant agrees that Davinga Nautico S.L. will provide him with a service free of defects or improve the defective service within a reasonable period of time instead of his claim for cancellation or price reduction. Remedy can take place in such a way that the defect is repaired or a substitute service of equal or higher value, which also meets with the express approval of the participant, is provided. The notice of defects must be made on site at Davinga Nautico S.L.. The organizer can refuse the remedy if it requires a disproportionate effort. The participant is obligated to cooperate within the framework of the legal provisions to avoid or minimize possible damages in the event of service disruptions. In particular, the participant is obliged to inform the organizer of his complaint immediately.

EXCLUSION OF CLAIMS / STATUTE OF LIMITATIONS

Claims due to defective services, subsequent impossibilities and due to violation of ancillary obligations, must be asserted by the participant against the organizer within one month after the contractually stipulated end of the trip. After expiration of the deadline, claims can only be asserted if the participant was unable to meet the stated deadline through no fault of his own. In this case, the participant’s claims become statute-barred one year after the contractually intended end of the trip.

SEVERABILITY CLAUSE

Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects most closely approximate the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the contract proves to be incomplete.

Date: 14.08.2023

1. The person signing the hire agreement or the lessee must be over the age of 18 and will responsible for the equipment hired. This person will also be in possession of a National Identity Document or a Passport, of which we shall make a copy.
2. Payment for the hire of the equipment will be made in advance for the total cost of the service and at the moment of collection of the equipment.
3. The person who rents the object declares that he/she has the appropriate skills in water sports, including the handling and technical knowledge of currents, so that he/she takes responsibility for their safety.
4. The lessee states that he/she is in a perfect state of health and fit enough for the practice of this sport. The lessee must take into account our recommendations according to his/her level and conditions on the beaches.
5. The surfing equipment will be collected from the Wellenkind Surf School in Avenida del Istmo 6, La Pared and will be returned to the same place on the date and at the time agreed. Serious non-compliance with the time agreed will mean a surcharge that will depend on the extra time used. Return prior to the end of the contract will not result in any type of credit or reimbursement.
6. The lessee is responsible for his/her own insurance with suitable cover against risks that may arise during the hire period. The lessor takes no responsibility for claims for accidents, wounds, impacts or damage occurring to the lessee or to third parties (persons or goods) during the hire period.
7. The lessee is hereby informed to stay outside of the private beach areas of the surf schools (marked by flags) during his/her time in the water.
8. The lessee is required to take good care and to take all necessary precautions to protect the equipment. e.g. Not leave the board face upwards in the sun; not sit on the equipment on the sand/on rocks, avoid heavy breaking waves, etc.
9. Hire of the surfing equipment does not include paraffin (wax). If the lessee wishes to acquire a paraffin bar, 3,50€ will be added to the total hire price. Without permission it is not allowed to put wax on soft boards
10. The surfing equipment hired may not be let, sold or exchanged.
11. The lessor may revoke the contract unilaterally before the date of its conclusion in the invent of serious non-compliance by the lessee in the use of the equipment or care of it. In this case, the lessor may take immediate possession of the equipment, wherever it is, and the lessee will have no right to any type of claim or compensation.
12. The lessee may extend the length of this contract by communicating this to the lessor, before the date that this contract expires and only if the material has no reservation for the requested time.
13. The lessee is expressly liable to credit the lessor for the charges corresponding to the prices of the current tariffs specified in this contract for the use of the equipment, which include legally applicable taxes, as well as the cost of replacement or of any other additional extra previously mentioned.
14. All legal expenses, deriving from non-compliance on the part of the lessee with the obligations established in this contract will be chargeable to the lessee.
15. The details provided by the client will be used exclusively for the correct provision of the service included in this contract and the client may request, in accordance with the law, access, rectification, cancellation or opposition by means of communication through any means to the lessor.
16. The surfing equipment will be returned in the same condition in which it was issued, and if this is not the case, the lessee must provide information about the damage which has occurred. The following costs for replacement levied by the lessor are established and are accepted in this contract by the lessee. 
17. SURFBOARDS AND BODYBOARDS:
    • Major deterioration, partial or total bent, partial or total breakage, loss or theft will imply that the lessee will have to pay 200€ for a school board or 400€ for a Hard or Epoxy Soft board.
    • Partial damages will be valued according to their magnitude: fiber breakage (hole or crack), between 20€ and 50€. Damage to a fin box or to the fin plugs, between 60€ and 80€.
    • LEASHES: Loss or theft will call for the payment of 15€. Leash breakage or slight deteriorations will not imply extra payment since this is taken to be the consequence of the normal use of the equipment.
    • FINS: The breakage, theft or loss of a fin will imply a replacement payment (per unit) of: 15€ and Longboard 30€.
    • WETSUITS: Major breakage or significant deterioration (zip), loss or theft will mean payment of 50€. Partial deterioration is taken to be a consequence of normal wear and tear.
    • FASTENING FOR VEHICLES: Deterioration, breakage, loss or theft will mean the lessee must pay 30€

18. This agreement shall be governed by the laws of Spain.

19. The client states that he/she has read and accepted the above conditions.