General Terms and Conditions of Deep Curl SARL (in the following: Deep Curl)
(All paragraph information refer to §§ 651 a ff. to the new law that came into effect on 01.07.2018)
Gathered Customer data is used exclusively for travel preparation, travel execution, contract management and customer service purposes, including advertising for our own offers. If you, the customer, do not want to receive any advertising from us, the data usage can be cancelled at any time with a short message to the contact address provided at the end of the travel conditions. According to the General Data Protection Regulation, GDPR, which came into force on 25 May 2018, rights of access, rectification, deletion, limitation of processing and data portability under Art. 15 to Art. 20, as well as the right of appeal to a supervisory authority, under Art. 77, the contact details of the person/company responsible for maintaining these conditions in accordance with the GDPR are stated at the end of the travel conditions. The data you provide us will be stored for the duration of our business relationship, then at least until the expiry of the statutory retention obligations. Further information ca be found under the General Data Protection Regulation, and on our website under “Privacy”.
A right of withdrawal according to §§ 312 ff. BGB exists only if travel contracts have been completed outside of business premises (eg at the customer’s home), also, only if these respective oral negotiations have not been previously discussed. Otherwise, the statutory cancellation and termination regulations apply, cf. e.g. Paragraphs 6 and 7 of these conditions.
In individual cases, we decide on our participation in dispute settlement proceedings before a consumer arbitration board, even though we are not legally obliged to do so. Irrespective of this, the link to the EU Commission’s platform for online dispute resolution must be stated in accordance with the statutory provisions: https://webgate.ec.europa.eu/odr/
1 Requirements for the travel participant / conclusion of the contract
1.1 The minimum age for participation in Deep Curl travel is generally 18 years. For participants who have not yet reached the age of 18 at the beginning of the journey, a written consent of the parent, or guardian, is required and must be presented when registering. Participation in the sports courses and programs offered by Deep Curl requires mental and physical fitness. It is therefore recommended to have a physical check-up before registering. During the sports courses and programs the sports teachers and supervisors are to be obeyed. The traveller is required to comply with local, national and international safety regulations.
1.2 According to the legal regulation, a contract is concluded only at the time when there are completely consistent declarations of intent of the contracting parties (offer and acceptance of this offer), whereby the acceptance must have been made on time. Bare expressions of interest on both sides do not represent an offer, but are merely solicitation of offers, a late acceptance represents a new offer. The roles in the submission of the contract declarations can therefore change.
1.3 An offer is binding, but may be limited in time, otherwise it can only be accepted within the usual time period, which is here without any special circumstances at 10 days. Deep Curl creates a binding offer or a booking confirmation in writing, which are the essential contents of the contract.
1.4 Modifying or adding/subtracting supplementary agreements to services offered by Deep Curl require an explicit agreement with Deep Curl, which should be made in writing for reasons of evidence. Service providers (e.g., carriers) and intermediary travel agents are not authorized to make any deviating or supplementary agreements.
2 Arbitration of a contract by Deep Curl / conclusion of the brokered contract
2.1 If Deep Curl explicitly arranges travel programs or specific tourism services through other providers (such as flights, rental cars etc.) in a foreign name, Deep Curl owes the customer only the proper mediation, not the mediated service itself (subject to § 651 v Abs. 3 BGB) §§ 675, 631 ff BGB). The conclusion of the brokered contract and its content is governed by the relevant statutory provisions and, where applicable, the terms and conditions of the respective contractual partner, insofar as these are included as part of the contract.
2.2 The liability of Deep Curl for defective mediation is limited to three times the price of the mediated service, as far as there is no bodily injury, nor the damage was caused by gross negligence or negligence of Deep Curl, unless a case of § 651 x, § 651 3 paragraph 3 or § 651 w para. 4 BGB.
3.1 The contractually agreed services resulting from the travel confirmation of Deep Curl, (as stated in Item 1.3) which refers to the underlying tendering process, in the context of the customer’s contract. Any special agreements (see section 1.4) apply with priority.
3.2 Excursions & trips offered on-site are subject to a minimum number of participants specified for the trip. Also the weather conditions must be considered in order to carry out trips. This is done by the camp manager. If the weather conditions are not considered well enough, the trip does not take place.
3.3 If the customer does not use individual travel services for reasons that are beyond the control of Deep Curl, there is no entitlement to a pro rata refund of the travel price. If these services are not completely unconnected, Deep Curl will endeavour to reimburse the service providers for reimbursed expenses.
4 Payment of the travel price / deposit
4.1 All payments of the travel price are only to be made upon receiving our Security Certificate, in accordance of § 651 r BGB, and after receiving a booking confirmation (invoice). Should either be missing we recommend requesting both.
4.2 Once, both the Security Certificate and Booking Confirmation (Invoice) have been received a deposit of 20% of the travel price is due. The remaining travel price is due 28 days prior to departure, unless otherwise agreed in the contract.
4.3 Cancellation and insurance premiums are due immediately.
5 Price changes
5.1 Deep Curl is entitled to increase the confirmed travel price if:
a) The increase takes place after conclusion of the contract.
b) Change in the transport conditions of a person, or persons, due to higher costs for fuel or other energy sources.
c) An increase of local taxes or other charges for agreed travel services (Port and airport charges, security charges related to air transport, entry, residence and public entrance fees).
The customer may demand a reduction of the travel price and request the travel price to be newly calculated, in accordance with the following paragraph, 2. If the travel price does decreases after completion of the booking and no extra costs are incurred by Pure SC, it can be that the Processing Fee be taken off the refund.
5.2 The price of the tour can increase proportionally when the combined price of the individual elements mentioned in para. 1.increases. If this increase in costs affects the whole group, the costs are distributed to each individual. In this context, the price is based on which option is more favourable to the customer, either on the price that was assumed or on the originally calculated number of participants.
5.3 Deep Curl must notify the customer of a price increase and its reasons on a durable medium (such as letter, e-mail, fax) no later than the 20 days before the start of the journey.
5.4 An up to 8% price increase unilaterally effective. If the travel price increases by more than 8%, then Deep Curl may request the customer, no later than the 20 days before departure, to accept the offered price increase within a reasonable period of time, or to withdraw from the contract altogether. After expressed acceptance or expiry of such a period, the offer is considered accepted. If the customer chooses to resign instead, he will immediately receive back the travel price, claims for damages and reimbursement of expenses remain unaffected (§ 651 i Abs. 3 Nr. 3 BGB).
6. Cancellation of the customer / rebooking / substitute participant
6.1 A right to withdraw free of charge exists under the preconditions of clause 5, para. 4 (price increase above 8%) or in the case of a substantial change of an essential part of the travel service or in the case of § 651 h Abs. 3 BGB (significant impairment of the execution of the package travel or the transport of persons to the place of destination due to unavoidable exceptional circumstances at or near the place of destination).
6.2 Otherwise, the resignation of the customer (cancellation) before departure is possible at any time, but then Deep Curl has the statutory right to adequate compensation. Unless otherwise stipulated in an individual contract, the compensation amounts calculated in accordance with § 651 h (2) sentence 1 BGB shall apply as follows:
• Up to 30 days before departure 20%
• From 29 – 21 days before departure: 30% of the price
• From 20 – 14 days before departure: 50% of the tour price
• From 13 -7 days before departure: 70% of the travel price
• from 6-1 day before departure: 80% of the travel price
• 90% of the price of the journey on the day of travel or if the trip does not begin
The cancellation fee is calculated on from the day the cancellation is sent. Special offers / specials as well as individual travel components may be subject to special cancellation conditions, which are expressly referred to in the respective service description or travel advertisement / offer.
Deep Curl is required by the traveller to justify the amount of the compensation.
6.3 In all cases of withdrawal, Deep Curl loses its claim to the agreed travel price and must immediately reimburse any amounts already paid for it
6.4 Rebooking’s are only possible by withdrawing from the travel contract (cancellation) to the conditions specified in paragraph 2 (cancellation compensation) and with new parallel registration. In some cases, rebooking may be agreed upon for a small rebooking fee. The prerequisite for each transfer is the availability of the service.
6.5 Within a reasonable period of time (a statement that Deep Curl receives no later than seven days prior to departure is always timely), the Customer may, using a durable medium (eg letter, e-mail, fax), require that one designated by him Third party enters into the rights and obligations arising from the travel contract. Deep Curl may object to entry if the third party does not meet the contractual travel requirements. Upon entry, original and new participants are jointly and individually liable for the travel price and the additional costs arising from the entry. Proof must be given to the original travel participant as to the amount in which the third party incurred additional costs. Additional costs may only be claimed to an appropriate extent and must have actually been incurred by Deep Curl as the organiser.
7 One-sided contract termination by Deep Curl / reservation of cancellation with minimum number of participants
7.1 If Deep Curl is prevented from fulfilling the contract due to unavoidable, extraordinary circumstances (see clause 6.1), Deep Curl can declare its resignation immediately after knowledge stating the reason for cancellation prior to departure.
7.2 If a minimum number of participants stated and not reached, then Deep Curl can withdraw from the travel contract no later than the 29th day before departure.
7.3 In the aforementioned cases, Deep Curl loses its claim to the agreed travel price and immediately reimburses amounts already paid.
8 Travel exclusion due to behavioural reasons
Deep Curl may enforce Travel exclusion for behavioural reasons prior to travel, and during the journey, excluding the participating customer from all, or part of the journey. This may be the case, in particular, if the journey is disturbed, or other customers and co-workers endangered by the customer in question, and is still not remedied even after a warning. The respective tour guide or directorate of Deep Curl is authorised to make the decision required in this case.
9 Rights and obligations of the Tour Guide, respective Tour Guides, or Cadre Staff of Deep Curl, during the journey.
They will be instructed to accept complaints and requests for redress, and to remedy the situation if this is possible or necessary. They are also instructed to provide any assistance required under § 651 q BGB if the traveller gets in trouble during the journey. They are also authorised to make required disclosures to Deep Curl in accordance to Section 8. They however have no authority to complete claims for reduction in costs or damages with effect against Deep Curl, or to accept such claims.
10 Obligation and rights of the traveler in the event of a defective journey
10.1 If the journey is not carried out in accordance with the contract, the customer should immediately notify the deficiency (see section 10.3) and may request redress. Deep Curl may refuse to do so if it is impossible, or requires disproportionate effort, taking into account the extent of the deficiency and value of the travel service involved.
10.2 If Deep Curl does not remedy the situation within a reasonable period of time, specified by the customer, it may be able to remedy the situation and demand reimbursement of necessary expenses. Setting a deadline is unnecessary if Deep Curl refuses to remedy the situation or if immediate remedy is necessary.
10.3 For the duration of a non-contractual service, the customer can assert a claim for reduction of the travel price (reduction), in addition there may be claims for damages. All mentioned claims shall cease, as long as the customer does not immediately, and clearly, notify the deficiency, and thereby be thwarted.
10.4 For the right of termination and for further details of reduction and compensation see § § 651 k to 651 o BGB.
11 Limitations of liability for Deep Curl as tour operator
11.1 The contractual liability the traveler can claim for damages, that are not personal injury, shall be limited to three times the travel price, as long as the damage to the traveler was not explicitly caused by Deep Curl, or its service providers.
11.2 Deep Curl’s liability to the Traveler for damages is limited to three times the travel price, of the passenger concerned, and does not concern bodily harm, or if based on intent or gross negligence.
12 Passport, Visa and Health Regulations
12.1 The information about these requirements made by Deep Curl on refer to the conditions known to Deep Curl at the time the information was provided. Unless otherwise specified, we assume that the customer has the citizenship of the country that corresponds to the billing address given. In case of deviating, or special personal circumstances (such as dual citizenship, stateless) we ask for this information before the booking is finalised.
12.2 It is expressly stated, that there is always the possibility of a subsequent amendment to these provisions. Deep Curl will make every effort to inform the traveller of any changes as soon as possible. The traveller, however, is encouraged to follow the news in order to make any required changes.
12.3 The traveller should inform himself in good time about infection risks and vaccines, as well as other prophylactic measures prior to departure. If necessary, medical advice should be sought on thrombosis and other health risks. General information is provided by all major health authorities including doctors & travel-medical information services or your countries travel advisory board.
13 Insurance In particular
Deep Curl recommends the purchasing travel cancellation insurance, and travel insurance to cover the costs of care and eventual repatriation in the event of accident, illness or death, and will be happy to provide you with corresponding offers from HanseMerkur Reiseversicherung AG, Siegfried-Wedells-Platz 1, 20354 Hamburg, for our German customers. For international customers, we recommend World Nomad.
14 Statute of limitations
The claims of the traveler described in § 651 i Abs. 3 BGB become time-barred after two years. The statute of limitations begins on the day on which the journey should end.
15 Validity of the information in the invitation to tender
The invitation to tender can only take into account the circumstances prevailing at the time of printing or updating, and misprints can unfortunately also occur even when taking the greatest care. Changes to the invitation to tender therefore remain reserved until the conclusion of the contract by Deep Curl.
In addition, the statutory provisions, in particular the travel contract provisions of the Civil Code, §§ 651 a ff BGB (as far as Deep Curl operates as a tour operator and German law is applicable) apply in addition.
Deep Curl SARL (also responsible within the meaning of the GDPR)
CEO Richard Thurnes
20 Rue Esplanade
VAT ID: 69120307031