Terms & Conditions
1. scope of application
1.1. The travel agent (hereinafter referred as SURFVACATIONER) mediates surf camp trips or surf schools (such as surf lessons, surf school weeks, etc.) between the tour operator or service provider (hereinafter referred as tour operator or service provider) on the one hand and the traveller on the other. The travel agent provides his services in accordance with the statutory provisions, with the due diligence of a prudent business company.
1.2. The General Terms and Conditions are deemed to have been agreed if they have been transmitted – before the traveller is bound to a contract by a contractual declaration – or the traveller has been able to view their content – before he is bound to a contract by a contractual declaration – and are the basis of the agency agreement concluded between SURFVACATIONER and the traveller.
1.3. The present General Terms and Conditions (see point 1.2) apply to the agency contract. For contractual relationships between the traveller and SURFVACATIONER, the mediated surf schools or surf camps and other mediated companies, insofar as they are communicated to the traveller before he is bound to a contract by a contractual declaration or the traveller has been able to view their content before he is bound to a contract.
2. Tasks and exclusion of liability of the travel agent
2.1. SURFVACATIONER will prepare non-binding travel proposals for the traveller based on the information provided by the traveller. If this is not possible, SURFVACATIONER will inform the traveller of this fact. On the one hand, the travel proposals will be based on the information provided by the traveller, which is why incorrect and/or incomplete information provided by the traveller – in the absence of clarification by the traveller – may also form the basis of the offers. On the other hand, the amount of the price, professional competence of the tour operator or service provider, discounts, the best price principle, etc. may be used as parameters in the preparation of travel proposals or the selection of tour operators or service providers.
2.2. If the traveller has a concrete interest in one of the travel proposals submitted to him or her by SURFVACATIONER, then SURFVACATIONER as travel agent will prepare a corresponding travel offer on the basis of the travel proposal. In order for a contract to be concluded between the tour operator (surf school) or, in the case of associated travel services or individual travel services, between the service provider and the traveller, acceptance of the travel offer by the traveller is required (= declaration of contract by the traveller, see 1.3).
2.3. SURFVACATIONER must advise and inform the traveller according to his or her respective needs. SURFVACATIONER must present the tour operator’s travel offer to the traveller according to the traveller’s information and to the best of its knowledge. There is no obligation to provide information about generally known conditions (e.g. topography, climate, flora and fauna of the destination requested by the traveller). In principle, it must be taken into account that the traveller consciously chooses a different environment and that the standard, furnishings, food (especially spices) as well as hygiene are oriented towards the respective standards/criteria customary for the country/destination. In addition, the traveller has the opportunity to read more detailed information on the customary conditions in the country, in particular with regard to location, place and standard (customary in the country) of the services to be arranged, in principle on the website of the respective tour operator.
2.4. The respective tour operator with whom the final travel contract is concluded is responsible for general information on passport and visa requirements of the country of destination, including the approximate deadlines for obtaining visas and for the completion of health formalities (§ 4 para. 1 no. 6 PRG), insofar as this information is relevant for the booked tour package (see general terms and conditions of the tour operator). In addition, general information on passport and visa requirements as well as health formalities can be obtained by travellers from their respective representative authorities. It is assumed to be known that a valid passport is generally required for travel abroad and that the traveller is responsible for its validity. The traveller is also responsible for complying with health formalities. The traveller is responsible for obtaining any necessary visa.
All disadvantages, in particular the payment of cancellation costs, resulting from non-compliance with these regulations shall be borne by the traveller. This does not apply in the event of culpable misinformation or failure to provide information by the tour operator.
2.5. Within the framework of § 17 PRG, SURFVACATIONER is not liable for booking errors (e.g. spelling mistakes) but only the tour operator, provided that these are not due to erroneous or incorrect or incomplete information provided by the traveller or unavoidable and extraordinary circumstances within the meaning of § 2 para 12 PRG.
2.6. SURFVACATIONER is not liable for property damage and financial losses of the traveller that arise in connection with the booking.
2.7. SURFVACATIONER is not liable for the provision of the service arranged by it. The tour operator is solely responsible for the provision of the booked travel service.
3. the traveller’s duty of information and cooperation
3.1. The minimum age for booking at surfvacationer.com is 18 years. For travellers who have not yet reached the age of 18 at the start of the trip, a written declaration of consent from the legal guardian is required and must be submitted to SURFVACATIONER.
3.2. The traveller must provide SURFVACATONER with all factual and personal information available to him/her in a timely, complete and truthful manner. The traveller must inform SURFVACATONER of all personal circumstances or those of fellow travellers (e.g. food intolerance, no travel experience), which may be relevant for the preparation of travel proposals/travel offers or for the execution of a trip with the services to be arranged. The traveller must therefore point out his or her special needs or the special needs of his or her fellow travellers, in particular restricted mobility or state of health and other restrictions, which may have an effect on the preparation of travel proposals/travel offers or on the execution of the trip and travel services, of his or her own accord before he or she is bound to a contract by a contractual declaration.
3.3. The traveller who has a booking made for him/herself or a third party by SURFVACATIONER is thereby deemed to be the principal and, analogously within the meaning of § 7 para. 2 PRG, assumes the obligations from the agency agreement towards SURFVACATIONER in the absence of a declaration to the contrary.
3.4. The traveller is obliged to check all contract documents (e.g. booking confirmation, vouchers) transmitted by SURFVACATIONER for factual correctness and discrepancies (spelling mistakes; e.g. name, date of birth) and to immediately inform SURFVACATIONER of these for correction.
3.5. The traveller must report any perceived lack of conformity of the agreed travel services to the tour operator without delay, taking into account the respective circumstances, so that the tour operator can react accordingly.
In case of failure to report a lack of conformity, this can be charged to the traveller as contributory negligence (§ 1304 ABGB) according to § 12 para 2 PRG.
3.6. The traveller is obliged to pay the fees agreed within the framework of the contract to the tour operator in due time according to the payment terms (stated there).
4. terms of contract
4.1. SURFVACATIONER acts as a travel agent in the form of a commission arrangement with the tour operator and is not the direct contractual partner of the traveller in the first instance. All travel contract terms and conditions are between the tour operator and the traveller. This concerns payments and cancellation conditions as well as rebookings or travel cancellations. However, between SURFVACATIONER and the traveller the basis of an agency agreement (see point 1.2.) applies, which asserts claims under the law of obligations against the tour operator.
4.2. SURFVACATIONER must provide the traveller with the necessary booking receipts in the form of a booking confirmation in good time before the start of the booked offer. The final booking confirmation will be sent to the traveller by the tour operator.
The tour operator shall provide the traveller with a copy of the contract document or a confirmation of the contract on a durable medium (e.g. paper, email) upon conclusion of a contract or immediately thereafter. If the contract or booking confirmation is concluded in the simultaneous presence of the contracting parties, the traveller shall be entitled to a paper copy. In the case of contracts concluded away from business premises within the meaning of Section 3(1) FAGG, the copy of the booking confirmation may also be made available to the traveller on another durable data medium (e.g. email).
4.3. SURFVACATIONER is entitled to forward all data of the traveller to the responsible tour operator on the basis of the agreed agency agreement at the time of booking.
5. delivery – electronic correspondence
5.1. The last address given to SURFVACATIONER (e.g. email address) is deemed to be the delivery/contact address of the traveller. Changes are to be communicated by the traveller without delay. The traveller is recommended to use the written form (by email).
6 Changes before the start of the trip
6.1. It is not SURFVACATIONER but the tour operator and thus the travel contract partner who must inform the traveller clearly, comprehensibly and unambiguously on a permanent data carrier (e.g. email) at the address last given by the traveller about insignificant changes to the content of the concluded contract which the tour operator has reserved and which it makes unilaterally in accordance with § 9 para. 1 PRG. Insignificant changes are minor, objectively justified changes that do not significantly change the character and/or duration of the booked tour, which must be examined on a case-by-case basis.
6.2. The traveller must notify the tour operator of all changes to the content of the concluded contract before the start of the tour within the deadlines set by the tour operator (see point 3.4). The traveller is advised to make his declaration in writing (e.g. email). If the traveller does not make a declaration within the time limit, this shall be deemed to be an acceptance of the originally concluded contract.
7.1. See points 3.6 and 4.1 of the underlying General Terms and Conditions.
8. data protection
8.1. The provision of personal data is a prerequisite for booking and enquiring about all travel offers at surfvacationer.com. This data will only be passed on to the respective tour operator in the event of an actual booking. Without passing on personal data to the tour operator, booking with SURFVACATIONER is not possible. The traveller therefore agrees to the transfer of personal data to the tour operator when booking.
Further information on data protection at: https://surfvacationer.com/en/imprint-privacy/