Terms & Conditions – General Terms & Conditions
When used in these Terms and Conditions, the following names and terms have the below definitions:
Company: SANTACRUZSURFLODGE LDA
Customer: Guest / Client / Participant.
Please read these Terms and Conditions carefully as they apply to any and all commercial relationships between the company and the customer.
What is written below can be considered standard for the industry and is set forth in as clear and simple terms as possible.
SANTACRUZ SURFLODGE LDA and the customer (you).
Please read it carefully, as you are agreeing to these bilateral rights and obligations when you reserve and/or book your stay with SURFLODGESANTACRUZ LDA.
1. Closing Contracts and making bookings
1.1 All customers must be at least 18 years old to make a booking unless they have the expressed written consent of their parents. Teenagers if unaccompanied (> more than 16 years) may stay at SANTACRUZ SURFLODGE LDA only if we receive during the booking phase their parents’ consent in writing, including a copy of the parent ID / Passport signing this permit.
1.2 Statement of health and physical fitness
By booking, clients confirm they are physically fit and without injuries or physical conditions that may affect or be affected by surfing and activities relating to surfing. Requirements include a good level of physical fitness and competent swimming skills. This is in order to maintain a certain standard of class for group surf lessons at SANTACRUZSURFLODGE LDA avoid other group members becoming dissatisfied due to the physical limitations of one student bringing down the safety and level of instruction. If there is any doubt, potential customers should consult a doctor at their own expense before booking.
2. Travel documents
All required travel documents including ID or visas and/or a valid passport (if necessary) with has enough blank pages for your visa, arrival and departure stamps. Are at the sole responsibilities of guests.
3. Price and terms of payments
3.1 Price: the quoted price for the package shall include all taxes, charges and fees by the local (Portuguese) authorities may charge for the services and products provided. Furthermore the price may include supplements and extras the guest wishes to be added to the package if the host and the guest have agreed on this. Costs linked to the additional services, any discounts or specifications shall be clearly stated in the confirmation of the booking request.
3.2 Terms of payment in the confirmation of the booking request the guest will receive the detailed payment instructions and the invoice.
3.2.1 Payments of deposit / total amount
3.2.1 Regulation of payments for booking effectuated trough the web site www.surflodgesantacruz.com and www.puresurfcamps.it and their emails (and/or through local websites):
– the deposit of 50% of the total amount of the booking request has to be paid by the guest within 7 days of the confirmation email in order to definitely confirm the booking.
– all the remaining (50%) of the total amount of the booking request has to be paid at the latest 5 weeks prior to the arrival date to SANTACRUZSURFLODGE LDA via bank transfer, or on site in cash. It is also possible for the guest to pay the total amount of the booking request direclty by bank transfer at the moment of the booking.
– in case of short time booking before the arrival (less than 5 weeks), Santa Cruz Surf Lodge Lda shall ask a payement in two phases 50% at the booking and 50% at the arrival on site.
3.2.2 Regulation of payments for booking effectuated trough www.puresurfcamps.com and any other websites / travel agencies shall be applied the payment schedule stated inside the voucher emitted by these web sites / travel agencies.
4. Cancellations and Rebookings
4.1 Cancellations and rebookings request made by the customer must be submitted via email.
Cancellation with amends: written cancellation of the SANTACRUZSURFLODGE LDA is possible at any time. The cancellation is valid as of the day the notification reaches Surf Lodge Santa Cruz Lda in writing.
In the case of cancellation the following fees are applicable:
– up to 60 days before date of arrival: 30% of total price,
– up to 30 days before date of arrival: 60% of total price,
– up to 14 days before date of arrival: 80% of total price,
– up to 2 days before date of arrival: 90% of total price,
– later and in the case of no show: 100% of total price.
As before stated the date when the host receives the cancellation will be deciding for the amount refunded to the guest.
4.2 Change of date are admitted subjected to the availability verification and a specific write approval by SANTACRUZSURFLODGE LDA.
4.3 Cancellation and person replacement: those who wish to cancel their booking may transfer it to a replacement person who accept the conditions stated by these general Terms and Conditions prior to departure. In such cases, a fee of € 25 (EUR) shall applies.
Prior to re – booking, the following conditions apply in order for the company to avoid incurring any losses, the room that was originally booked must have been sold by SANTACRUZSURFLODGE LDA to another party.
All re – bookings are subject to availability. In all other cases the above mentioned cancellation conditions (including fees) apply.
4.4 Cancellation by SANTACRUZSURFLODGE LDA
SANTACRUZSURFLODGE LDA reserves the right to opt out of a contract under the following extraordinary circumstances: in the case that certain conditions prevent the booked service and/or arrangement from being carried out or in cases of unacceptable danger for the clients.SANTACRUZSURFLODGE LDA reserves the right to cancel the contract with immediate effect.
All the payments that have been made by the customer to SANTACRUZSURFLODGE are to be refunded.
SANTACRUZSURFLODGE LDA will not refund any additional expenses or any amount payed from the client to any agency or incurred above and beyond the original invoiced amount.
5. Prices and Services
– All prices and services are subject to change, though whatever prices and services stated on the invoice and the booking confirmation connected to that invoice will be provided to the customer without any additional costs.
– Any additional agreements or change have to be confirmed in writing by SANTACRUZSURFLODGE LDA
SANTACRUZSURFLODGE LDA also reserves the right to change services or offer, whether general or individually agreed upon, in extraordinary cases (e.g., force majeure, governmental regulations, delays of third parties, weather and oceanic conditions and similar extraordinary / unpredictable situations).
Customers will be informed as soon as possible of any changes to any essential paragraph in their contract.
6.1 General: participation in and at any services, arrangements and activities under the auspices of SANTACRUZSURFLODGE LDA entirely at the customer’s own risk.
6.2 Customers release, waive and hold the company, its offices, agents and/or employees unaccountable from all claims, losses, damages, commitments, expenses (including legal costs) during, or in conjunction, with their participation in activities conducted and organized bySANTACRUZSURFLODGE LDA arising from, but are not limited to, any injury, accident, illness, death, material damage or personal damage to the customer or to others.
6.3 The customer indemnifies SANTACRUZSURFLODGE LDA, its officers, agents and/or its employees against all claims, losses, damages or expenses that any one or more of his/her executors, administrators, heirs, next of kin, successors or assignees may have in conjunction with his/her participation in activities conducted and organized by SANTACRUZSURFLODGE LDA, and against any costs including, legal fees, that may incur as a result of any such claims, losses damages or expenses, whether valid or not.
6.4 SANTACRUZSURFLODGE LDA can’t be held responsible for any disturbances or injuries (noise, bites, stings, rash, allergies, etc.) caused by animals, or from any sport activities held in a Natural Environment. We have no control or influence over the natural world, neighbors, etc.
6.5 The responsibility to inform Santacruzsurflodge LDA of any chronic diseases, illnesses or special needs lies solely with thecustomer. Such information must be provided prior to the customer’s departure in order to insure proper preparation in terms of accommodation food and surfing related activities. The customer fully accepts the risk of any such complications and will not hold Santacruzsurflodge LDA liable for any health issues that may result from his/her chronic condition including omitting to inform us of its existence. Nor is Santacruzsurflodge LDA responsible for any accidents, or injuries that may result from the customer’s physical activities, such as surfing, cycling, driving, walking, etc.
6.6 Though SANTACRUZSURFLODGE LDA arrange the bikes for customers, please bear in mind that we are not the company that actually rents these vehicles. We cannot, therefore, be held responsible for any accident or injury resulting from the state, quality or operability of any such vehicle.
Any feature included in a package booked with or by SANTACRUZSURFLODGE LDA only be availed of by the package holder.
6.7 Any item or feature of a package, whether utilized or not, is strictly non refundable.
6.8 Customers are responsible for any damage inflicted on equipment belonging to SANTACRUZSURFLODGE LDA such as bedding, furniture, etc. Please note that colored sun cream or temporary tattoos can stain bedding and towels, making them impossible to properly clean.
6.9 Santacruzsurflodge LDA is not responsible for any loss of property or theft on our property.
SANTACRUZSURFLODGE LDA strict standards of safety. Employees regularly attend safety, first aid and surf life saving courses according to Australian, or European Standards. All surf lessons are given by Australian / European certified instructors. We provide trained surf instructors who carefully choose surf spots that match the surf level of participants, thereby maintaining a low accident and injury risk. That said,SANTACRUZSURFLODGE LDA not liable for any accidents or injuries that occurring during surfing and surfing related activities.
– However, in the event of injury, customers are responsible for their own medical costs.
– Please refer to your medical travel insurance in order to familiarize yourself with any health related issue that may arise on your trip.
– The majority of our surf packages include daily surfguiding and/or surfing lessons held on Monday through Saturday.
– Any surf session included in a package can only be availed of by the package holder and if unused, is strictly nonrefundable.
– If a customer has not booked a surf package, but still wishes to participate in guided surfing or surfing lessons, they can upgrade their package on place.
– If the customer is not ready to leave for a surf spot at the scheduled departure time, the group may leave without him or her. In these cases the session will not be refunded. Please be ready on time for departure!
– The duration of a surfing session is 3 hours max in the water. If all participants become too tired before 3 hours, the session may end early, with the group returning home to SANTACRUZSURFLODGE LDA or to chill at the beach, or at numerous beach bar.
– Transfers to surf spots are included in the fees for all surf sessions; surfguiding or surfing lessons.
– The spots are chosen by the surf instructors who, according to their expertise familiarity with local conditions, select the locations best suited to the level of guests with least risk of safety hazards.
– Surf packages, lessons and sessions may not be postponed, nor are they transferable to another person.
– Santacruzsurflodge LDA no refunds for unused features specified in our packages. All activities are planned in advance and cannot be disrupted.
– Any damage to rented equipment (surfboards, etc.) or loss of property for SANTACRUZSURFLODGE LDA the responsibility of the customer when such property is in the use of the customer.
– To avoid liability for the replacement of equipment, surfboard insurance is available at an extra cost, which will be added to the customer’s final bill. Prior to receiving a rental board, the customer must sign a statement affirming that he or she is aware of the board’s condition. After signing, the board is the responsibility of the customer.
– SANTACRUZSURFLODGE LDA not responsible for poor surfing conditions. Even if surfing is deemed to be not possible after driving to a surf spot on a given day, it will still count as a “session”.
– However, SANTACRUZSURFLODGE LDA will make every endeavor to make sure that surf instruction or surf related activities will take place at the proper spot at the proper time, spending as much time on as many good waves as possible. Nevertheless, there may be days where poor weather, dangerous conditions or low quality waves make it difficult or impossible to surf. Unfortunately, we can neither control nor predict these factors.
– Surfing lessons or surf guiding therefore starts when we leave SANTACRUZSURFLODGE LDA ends when we return tothe surf lodge.
– Even when conditions are so poor as to make it impossible to surf, these events will be counted as “sessions”.
– SANTACRUZSURFLODGE LDA no responsibility for services that are provided by third parties. These include public or private transportation, public utilities, etc.
8. Exclusion of Participation
Participants must implicitly follow SANTACRUZSURFLODGE LDA instructions.
If a customer fails to disclose physical and/or other health issues, disabilities or other factors that may make him or her unfit for surf related activity, acts irresponsibly and/or causes disturbances that result in endangerment of the provision of service and/or the health or the image of other participants or the company, its reputation and its employees, that customer after being warned by SANTACRUZSURFLODGE LDA staff can be excluded from the participation in any or all activities run by Santacruzsurflodge LDA.
In such cases, SANTACRUZSURFLODGE LDA terminate the contract without any further notice, with no refunds made. Any costs incurred by the actions of the customer are to be paid by the customer.
Surfing holidays, like many adventure and sporting activities, especially waterbased ones, include a certain degree of risk. Before participating in surfing, individual potential customers must decide with the help of a doctor, if necessary, whether their current level of physical fitness and health is adequate to engage in such a strenuous physical activity.
By entering into contract with SANTACRUZSURFLODGE LDA the customer consents cover all necessary (according to SANTACRUZSURFLODGE LDA) costs for medical treatment in eventual cases of injury or illness due to accidents or chance and during a surfing lesson or surf guiding, trail riding, or related activity associated with SANTACRUZSURFLODGE LDA. Customer also agrees to entirely indemnify SANTACRUZSURFLODGE LDA in case such treatment is necessary.
10. Data Usage and Protection
In the course of our surfing and leisure activities we may film or photograph you for use on our website or in promotional videos, etc.
As the customer, you therefore agree that you may be photographed and/or filmed during your stay/in the course of activities and in connection with SANTACRUZSURFLODGE LDA.
You also consent to SANTACRUZSURFLODGE LDA of such photographs or recordings for promotional and/ or advertising purposes and without additional prior consent.
The customer furthermore agrees to allow his or her personal data to be used by SANTACRUZSURFLODGE LDA the purposes of marketing and market research. SANTACRUZSURFLODGE LDA the assurance that all personal data is to be treated with confidence and will not be willingly transferred to any third parties except with the purpose of fulfilling your booking(s) and providing relevant service. At any point, the customer may terminate this agreement via email. In such a case, your personal data, images and/or footage will not be used for any of the above reasons.
11. Ineffectiveness of Individual Provisions
Ineffectiveness of individual provisions stipulated in the contract or of the general Terms and Conditions does not affect the validity of any remaining or additional provisions.
12. Complaints of the guest and possible refunds
If the guest is unsatisfied with the package and/or the experience is he/she obliged to notify the host within reasonable time so the host can take needed action to improve the experience or arrange eventually any compensation. Any deficiency in the physical facilities of the house/room/equipment/garden etc. need to be reported as soon as possible on spot so that the host can replace and/or improve them to complete the package/experience. If any deficiencies in the facilities are reported afterwards, the guest has no right to compensation, as he/she did not give the host the chance to improve/compensate/replace the deficiency. Any possible refunds will be based on the time of the report and the seriousness of the deficiency.
13. Conflict management
By claims of compensations, the customer shall me informed of the complaint procedure and that if the complaint is not accommodated or that the parties agree, the case can be brought to the a conflict management organizations, as well as prospective complaint fees in accordance to this.
14. Place of Juristiction and applicable law
The place of jurisdiction and applicable law is the legal residence of the company, SANTACRUZSURFLODGE LDA. Any legal claim against theSANTACRUZSURFLODGE LDA be governed in all respects by and in accordance with the laws of Portugal and to in the Lisbon court of law.
Legal Residence of SANTACRUZSURFLODGE LDA being established in Lisbon, Avenida Fontes Peeira de Melo, n°3, 11° esq 1050-115 Lisboa