Terms & Conditions
1. Contract Formation
By registering, the participant (registrant) offers Riders Surf’n Bike a binding agreement for a travel contract. Registration can be done in writing or electronically (email). The registration also applies to all participants included in the registration, for whose contractual obligations the registrant is liable as for their own obligations, provided they have assumed a corresponding separate obligation through an explicit and separate declaration. The contract is concluded upon confirmation by Riders Surf’n Bike (Riders Surf School). The confirmation does not require any specific form and can be done via email. Immediately after confirmation by the service providers to Riders Surf’n Bike (Riders Surf School), Riders Surf’n Bike (Riders Surf School) will provide the registrant with the travel confirmation, either by handing it over, sending it, or otherwise notifying them. If the content of the travel confirmation differs from the content of the registration, it constitutes a new offer from Riders Surf’n Bike (Riders Surf School). The contract is based on this new offer if the traveler declares acceptance within 10 days. This may differ from the information published on the internet. The services agreed upon in the travel confirmation apply.
2. Payment Terms
Upon receipt of a down payment of at least 50% of the total amount, the booking will be confirmed. The full course or invoice amount must be credited to the Riders Surf School account no later than one week before the start of the respective course or can be paid in cash on-site before the start of the course. Travel documents will be sent to each participant immediately after receipt of the down payment, but no later than four weeks before the start of the trip.
Bank Details:
Recipient: Anne Greiss
IBAN: ES98 2100 6386 3702 0012 3156
BIC: CAIXESBBXXX
3. Services
The service descriptions in the internet publication at www.riders-surfnbike.com and the related information or changes in the travel confirmation apply. Riders Surf’n Bike expressly reserves the right to make changes before the contract is concluded for objectively justified, significant, and unforeseeable reasons. The traveler will be informed of such changes before booking. Equipment for participation in courses is provided free of charge to participants. In case of loss or grossly negligent treatment, the participant is liable for its current value or equivalent replacement. Travel to and from the location must be organized independently and is not included in the services of Riders Surf’n Bike.
4. Changes in Services and Price Increases
Deviations or changes to individual travel services from the agreed-upon content of the travel contract that become necessary after the contract is concluded and are not made by Riders Surf’n Bike in bad faith are only permitted if the changes are not unreasonable for the customer or are due to force majeure, gross negligence, or intentional misconduct, and do not affect the overall layout of the booked trip. Riders Surf’n Bike is obligated to inform the customer of service changes as soon as possible, provided the changes are not insignificant. In the event of a subsequent change in the travel price or a significant change in a major travel service, Riders Surf’n Bike must inform the traveler immediately, but no later than 20 days before departure. Price increases after this time are not permitted.
5. Withdrawal by the Customer
The customer can withdraw from the trip at any time before the trip begins. The date of receipt of the withdrawal declaration at Riders Surf’n Bike is decisive. The customer must declare the withdrawal in writing. The cancellation becomes effective from the day it is received by Riders Surf’n Bike. If the customer withdraws from the travel contract, Riders Surf’n Bike may demand compensation for the travel arrangements made and expenses incurred. In calculating compensation, normally saved expenses and possible alternative uses of the travel services must be taken into account. Riders Surf’n Bike can calculate this compensation as a percentage of the travel price based on the proximity of the withdrawal date to the contractually agreed travel start date:
For Riders Surf School, the following rates apply (in percentage of the travel price):
- Up to 30 days before the start of the trip: 20%
- Up to 15 days before the start of the trip: 40%
- Up to 8 days before the start of the trip: 60%
- Less than 8 days before the start of the trip: 100%
Customer requests for rebooking will be considered if possible and charged at EUR 30 and treated as a paid withdrawal from the travel contract with simultaneous new registration. Until the trip begins, the traveler can request that a third party enter into their rights and obligations under the travel contract. Riders Surf’n Bike can object to the entry of the third party for an important reason. For rebookings, a processing fee of EUR 30 is charged; there is no entitlement to rebooking. If a third party enters the contract, both the third party and the traveler are jointly liable to Riders Surf’n Bike for the travel price and any additional costs incurred by the third party’s entry.
6. Withdrawal and Termination by Riders Surf’n Bike
Riders Surf’n Bike can withdraw from the travel contract before the trip begins or terminate the travel contract after the trip begins in the following cases: Without notice, if the traveler, despite a warning from Riders Surf’n Bike or their representative, significantly disrupts the execution of the trip (e.g., by not following the course instructors’ instructions) or behaves in such a way that justifies the immediate termination of the contract. If Riders Surf’n Bike terminates the contract, the right to the travel price remains. However, Riders Surf’n Bike must account for the value of saved expenses and the benefits obtained from using the unused services elsewhere, including credits from service providers. Up to 2 weeks before the start of the trip, if the minimum number of participants specified in the travel description is not reached. In any case, Riders Surf’n Bike is obligated to inform the customer immediately upon occurrence of the condition for non-execution of the trip and to provide the withdrawal declaration without delay. The customer will receive the paid travel price back immediately. If it becomes apparent at an earlier time that the minimum number of participants cannot be reached, Riders Surf’n Bike must inform the customer.
7. Termination of the Contract Due to Extraordinary Circumstances
If the trip is significantly impeded, endangered, or impaired due to unforeseeable force majeure at the time of contract conclusion, both Riders Surf’n Bike and the traveler can terminate the contract. If the contract is terminated, Riders Surf’n Bike can demand reasonable compensation for travel services already provided or still to be provided to complete the trip.
8. Liability of the Tour Operator
Riders Surf’n Bike is liable as a tour operator within the scope of the duty of care of a prudent businessman for the careful preparation of the trip, the careful selection and supervision of service providers, the accuracy of the travel description in brochures, unless a change has been declared before the contract is concluded, and the proper provision of the contractually agreed travel services. Riders Surf’n Bike is liable as a tour operator for the fault of the persons entrusted with the provision of services. If transportation is provided in regular service in addition to this, Riders Surf’n Bike merely arranges third-party services. Riders Surf’n Bike is not liable for the provision of transportation services itself. Any liability in this case is governed by the transportation regulations of these companies, to which the traveler must be explicitly pointed out and which must be made accessible to them upon request.
9. Warranty
Statutory warranty rights apply.
10. Limitation of Liability
The contractual liability of Riders Surf’n Bike for damages that are not bodily injuries is limited to three times the travel price.
- Insofar as the traveler’s damage is not caused intentionally or by gross negligence, or
- Insofar as Riders Surf’n Bike is responsible for damage to the traveler solely due to the fault of a service provider.
For all claims for damages against Riders Surf’n Bike arising from tort that are not based on intent or gross negligence, Riders Surf’n Bike is liable for property damage up to EUR 4,000.00. These maximum liability amounts apply per traveler and trip. Riders Surf’n Bike is not liable for disruptions in connection with services that are merely arranged as third-party services (e.g., scheduled flights, sports events, theater visits, exhibitions, etc.) and are explicitly marked as such in the travel description. A claim for damages against Riders Surf’n Bike is limited or excluded to the extent that, due to international agreements or statutory provisions based on such, applicable to the services to be provided by a service provider, a claim for damages against the service provider can only be asserted under certain conditions or limitations or is excluded under certain conditions.
11. Duty to Cooperate
The traveler is obligated to cooperate in resolving any disruptions in services within the framework of statutory provisions to avoid or minimize any possible damage. The traveler is particularly obligated to immediately report any complaints to the local travel management.
12. Exclusion of Claims and Limitation Period
Claims for non-contractual provision of the trip must be asserted by the traveler within one month after the contractually agreed end of the trip to the tour operator. After this period, the traveler can assert claims if they were prevented from doing so through no fault of their own. The traveler’s claims expire in six months. The limitation period begins on the day the trip should end according to the contract. If the traveler has asserted such claims, the limitation period is suspended until the day Riders Surf’n Bike rejects the claims. Claims for damages due to bodily injury or death of the traveler expire three years after the end of the trip.
13. Passport, Visa, and Health Regulations, Insurances
Riders Surf’n Bike will inform the customer of important changes to the general regulations reproduced in the travel description before the trip begins. The traveler is responsible for complying with all regulations important to the execution of the trip. All disadvantages arising from non-compliance with these regulations are at their expense, except if caused by culpable misinformation by Riders Surf’n Bike. For travelers without German citizenship, it is mandatory to obtain information from the relevant consulate. If entry regulations of individual countries are not complied with by the traveler or if a visa is not issued in time due to the traveler’s fault, so that the traveler is prevented from traveling, Riders Surf’n Bike can charge the traveler with the corresponding cancellation fees. Riders Surf’n Bike recommends taking out travel cancellation, accident, and overseas health insurance.
14. Side Agreements, Invalidity of Individual Provisions
Oral agreements, side agreements, and other assurances of any kind (including changes to the requirement for written form itself) are only effective if confirmed in writing by Riders Surf’n Bike. The invalidity of individual provisions of the travel contract does not result in the invalidity of the entire travel contract. If the contract concluded with Riders Surf’n Bike is not a travel contract within the meaning of §§ 651a ff. BGB, these general travel conditions still apply.
15. Photo and Video Material
Riders Surf’n Bike reserves the right to use photo and video material taken during the course for its own purposes.
16. Data Storage
We point out that the following data will be stored by us for the purpose of contract processing: Name, address, age, email, mobile number. The data provided by you are necessary for fulfilling the contract or for pre-contractual measures. Without this data, we cannot conclude the contract with you. Data will not be transmitted to third parties, except for the transmission of credit card data to the processing bank institutions/payment service providers for the purpose of debiting the purchase price, to cooperation partners for contract fulfillment or for pre-contractual measures, and to our tax advisor to fulfill our tax obligations. After the purchase process is aborted, the data stored by us will be deleted. In the case of a contract conclusion, all data from the contractual relationship will be stored until the end of the tax retention period (7 years). The data name, address, purchased service, and purchase date will also be stored until the end of product liability (10 years). Data processing is based on the legal provisions of § 96 (3) TKG as well as Art 6 (1) lit a (consent) and/or lit b (necessary for contract fulfillment) of the GDPR.
17. Jurisdiction
For lawsuits by the traveler against Riders Surf’n Bike, Puerto del Rosario, Fuerteventura, is the place of jurisdiction. September 2014.