TERMS & CONDITIONS
SURF WATERGATE – TERMS & CONDITIONS
These are the terms and conditions upon which Surf Watergate and any person or persons applying to book a surf lesson, surfing course or surfing holiday agrees to adhere to. These Terms and Conditions are subject to change without notice, from time to time at our sole discretion. We will notify you of amendments of these terms and conditions by posting them to this website. Our terms and conditions are also applicable to the use of our website and services – If you do not accept these conditions you must not use this website or services.
FOR ALL COURSES, LESSONS AND HOLIDAYS WHETHER IN THE UK OR ABROAD, YOU ARE ADVISED TO TAKE OUT YOUR OWN PERSONAL INSURANCE FOR CANCELLATION, TRAVEL, ACCIDENT, PERSONAL BELONGINGS AND PROPERTY BEFORE YOUR ARRIVAL.
WHEN BOOKING WITH US:
When booking a surfing course, lesson or holiday with Surf Watergate a contract is made when our acceptance of your initial payment and your booking is confirmed in writing or email by us. You are deemed to accept these booking conditions.
In the case of telephone bookings when a written confirmation is not possible the agreement is a verbal contact. If you book by telephone, on our website, by email or in writing, you will be deemed to have read and accepted these Terms and Conditions and the general information pages contained within our brochure or on our website.
When booking on behalf of other people or on behalf of a group, it is the responsibility of the person making the booking to ensure that all members of your party have read and fully understood all the booking conditions.
Please check all paperwork that we send you carefully and contact us immediately if you have any questions or queries. We reserve the right to refuse any booking.
At the time of booking you will be required to provide your personal details. You will be responsible for any balance payment of the booking. We will send all correspondence to you and will consider you responsible for keeping all party members informed. We will not discuss the booking or enter into communication with any other member of the booking of 3rd party.
All booking notifications and payment related correspondence from us is sent by e-mail It’s your responsibility to ensure such emails are read and adhered to in accordance with these booking conditions. Unless informed otherwise, it will be deemed by us that all emails have been received and understood. We cannot accept failure to adhere to our booking conditions due to incorrect contact details or inactive/superseded email accounts.
SURFING LESSON BOOKING TERMS
TO BOOK A SURF LESSON: Bookings can be made by telephone,email or online where applicable.
DEPOSITS: To make a reservation a non-refundable deposit or full payment is payable at time of booking. Deposit amounts are calculated based on your selections. All online bookings require full payment at time of booking. Where full payments are made 50% is held as your non-refundable deposit.
Once you have made the required deposit payment your credit/debit card details will be stored securely in accordance with PCI-DSS compliance regulations.
BALANCES: In most cases any remaining balance can be paid upon your arrival to your surfing course or can be paid in advance by contacting our office. For groups of 5+ people your balance will be due in full no later than 10 days prior to your arrival.
SPECIAL OFFERS: Surfing lessons booked under any special offers at a reduced rate are subject to their own terms and conditions. All special offer bookings are non-refundable and non-transferable once confirmed. Individual special offers cannot be combined or used in conjunction with any other promotions or offers. Full payment is required for all special offer bookings and are subject to availability.
CONFIRMATION OF BOOKING: You will receive confirmation of your booking via email or SMS containing all the important information you will need for attending your surfing lesson/course. This will also act as an invoice for any outstanding balance. We advise you print off or save a copy of your booking details to bring along with you to your lesson.
ATTENDING YOUR COURSE: Any non paid ‘No Shows’ will have any outstanding balances charged to the credit/debit card on file. Please see our cancellation policy for all details on how to change or cancel your booking. If you’re late we won’t wait! Failure to turn up to your lesson at the appropriate time will not entitle you to a full or partial refund. Late arrivals will be charged the final balance payment (if one is due), and this will be collected from the credit/debit card on file. We reserve the right to refuse clients who turn up late for their course (once the students have departed our base and beach lesson has commenced). No refunds are offered in this situation. Participation in a course will require re-booking. We cannot refund you for any unused lessons.
CHANGING YOUR SURF LESSON BOOKING: Changes made by you – If after your contract is formed you would like to make any amendments to your booking you should contact us to see if your request can be accommodated. Each amendment is subject to our acceptance and availability. Any additional cost arising from your amendment – including costs of alternative lessons, extra party members or additional services will be due in full at time of amendment. Changes to a booking should be done by the person who made the initial booking.
Changes, amendments, refund or reschedule is not permitted for bookings made using a Gift or Experience Vouchers. If your group size drops in number from your original booking, notification of this must be sent in writing. Decreases in numbers in attendance of original booking without prior cancellation, or changes within 21 days of the lesson start date will be responsible for the balance of the original booking. If you would like to bring additional guests, please notify us at least 14 days in before your lesson date. We cannot guarantee spaces will be available. Early booking is advisable to avoid disappointment.
SURF LESSON CANCELLATIONS:
All cancellations must be sent in writing/email to email@example.com and are effective from the date which they are received by us. Any cancellations should be done by the person who made the original booking. Cancellation charges for surf lesson bookings are payable as follows:
Over 7 days before lesson start date – Loss of Deposit.
Less than 7 days before lesson start date – 100% of total cost .
If any members or your group are not going to participate in the surfing lesson their space must be cancelled following the procedure above. Any non paid ‘no shows’ will be charged to the card on file.
CHANGING YOUR BOOKING: Changes made by us – From time to time we may have to make changes to your surf lesson arrangements. If changes are necessary we endeavour to notify you as soon as reasonably possible. We reserve the right to change the venue, the lesson start time or cancel the lesson/course due to unsuitable conditions. In the rare event or staff consider in their professional opinion, or under advise advise of lifeguards that ocean/weather conditions are unsuitable for your lesson we will either – (i) Rearrange your lessons for a more suitable time, date or location. (ii) Issue you with a full refund.
We require a minimum of 2 people to run any group surfing lesson. Please be aware that when booking a group surfing lesson that your lesson may be subject to reschedule to suitably accommodate you within a group setting. We accept no liability for any costs or loss associated with cancelled or rescheduled surfing lessons.
Surf Watergate accept no responsibility for students in or beyond the surf line. All care is taken to ensure student safety. All participants will be expected to listen to and adhere to all instructions and advise given by Surf Watergate staff at all times. We will refuse to teach any student/participant who is under the influence of alcohol or substance, or appears in no fit state to take part. This decision is made by the head coach on the day. No refunds are offered in this situation.
Students are required to sign a medical declaration prior to surfing and are responsible for ensuring all details are correct. Parents/Guardians of participants aged 16 or under will be required to sign their declaration and release from and stay within the beach vicinity at all times during the lesson.
SURF ‘N’ STAY – Wax Shack
WAX SHACK ACCOMMODATION BOOKING TERMS:
When booking any Surf and Stay course your accommodation will be reserved alongside your surfing course and confirmation will be sent via email. These booking terms are between the person or legal entity making your booking and Surf Watergate, Wax Watergate, Newquay, Cornwall, TR8 4AB, our officers, employees and agents. These booking terms are for the provision of accommodation services, and are displayed in your booking confirmation e-mail. These booking terms are governed by English law and apply to all accommodation bookings. By making a booking your are deemed to accept and be bound by these booking terms. When booking a Surf and Stay break the deposit or full payment will appear on your card statement as ‘ ‘ as the merchant of record.
BOOKINGS: Our services to you are to take your booking and payment and make the arrangements with the establishment you have selected. We are not in the position to ensure the establishment meets your expectations or performs its services properly or at all. Bookings are made and a contact between you and us comes into effect when we accept a reservation from you. A reservation is deemed as accepted when we have confirmed your resevation and received either: (i) full payment of the total price; or (ii) payment of a deposit equivalent to the first nights stay; or (iii) any other amunt we have specified at the time of your booking. Where a deposit or any other amount that us less than the total value of the the stay is paid, the balance will be paid by you directly to the establishment, on either check in or check-out or at an earlier date if so requested with direct communication between you and the establishment.
You must be able to enter into a legally binding contract and be 18 years of age to make a booking. Bookings must be paid for using a valid credit or debit card, or via Paypal or any other payment type specified. When your booking is confirmed a reservation number is given. This number must be retained and quoted in all communications should any cancellation or amendment be necessary.
Although you make a booking through us and have a contract with us, because the establishment is responsible for the day to day provision of serviced to you under that booking, all and any complains must be directed to the establishment in the first instance. The establishment must confirm and refund or price modification directly within the online eviivo reservation system that we use to make your reservation. Your first point of call must always be the establishment for cancellations/changes to your accommodation booking. If you are unable to obtain satisfaction, you may address your query to firstname.lastname@example.org
In the rare event that the establishment is unable to accomodate you as per our booking, you will be offered alternate accomodation by the establishment, and if these is a difference in orice the establishment will be liable for the price differential. If the differential is less than the original value of your booking a refund of the difference will be made to you. If the differential is more than the original value of your booking the differential cost will be borne by the establishment.
CHECK IN TIMES
Arrival and departure times are specified on your booking confirmation. Should you wish to check in outside of times specified tou must confirm this directly with the establishment. In the event that yo attempt to check in outside of the stated times without prior arrangement the establishment may cancel the entire booking and retain any amounts it is entitled to retain as stated in the cancellation policy section of your booking confirmation. A no-show shall be deemed to be a full cancellation of your booking, therefore the room may no longer be available for you.
CANCELLING YOUR ACCOMMODATION BOOKING:
If you cancel your accommodation booking on or before the cancellation deadline specified in the cancellation policy section of your booking confirmation a full refund will be given including any booking accommodation extras paid at the time of your booking. If you cancel your booking after the cancellation deadline, you will be charged the full value of the late cancellation fee specified in your confirmation, including any booking extras your have selected for the duration of your stay.
AMENDING OR CHANGING YOUR ACCOMMODATION BOOKING:
Should you change the number of guests, dates, room nights or room type, then the prices are subject to change. Should you request an amendment and should the establishment not be in a position to accommodate your amendment, your booking will be cancelled and full refund given to you provided that such cancellation occurs on or before the cancellation deadline, failing which the terms described in this cancellation clause shall apply
IMPORTANT – once you have checked-in, in order for the eviivo booking system to process any refund, the cancellation or booking amendment MUST FIRST BE CONFIRMED by the accommodation provider – all they need to do is click on cancel in their eviivo booking system.
CUTTING YOUR HOLIDAY SHORT:
If you are forced to return home early, we cannot refund the cost of any services you have not used. If you cut your holiday short and return home early in we will not offer you any refund for the part of your holiday not completed, or be liable for any associated costs you may incur. Depending on your circumstances your Travel Insurance may offer cover for curtailment and we suggest that any claim is made directly through this channel.
The total amount payable to confirm your booking is quoted in your booking confirmation and will be charged to your credit or debit card or paypal account or any other payment types offered at the time of booking. Your card statement will display eviivo Limited as the merchant record for this portion of your booking. All additional good and services purchased during your stay must be paid in full directly with the establishment.
IMPORTANT: Your card details are passed on to the accommodation provider who may use them to guarantee the reservation. They may also pre-authorise your card as soon as you enter the period beyond which the booking can no longer be cancelled free of charge. A pre-authorisation is NOT a charge and no monies are taken from your account, by the credit limit available on your card may be temporarily reduced by the value of any cancellation fee or deposit applicable at that time
SURF AND STAY
ARRIVAL DAYS & DURATIONS
Any arrival day and duration, unless otherwise stated, subject of course to space and self-catering usually minimum 3 nights. If your holiday duration cuts across two price bands the applicable rates are combined on a pro rata basis. All prices are quoted per person.
Groups are most welcome with special prices on request. Please note that under certain circumstances all-male/female groups may not be accepted at our accommodations or, may be subject to an additional loss/damage deposit. Please check at the time of booking.
Simply contact us by phone or e-mail to check availability or where applicable you can book online. Early booking is advisable, especially for peak dates or where there are specific requirements.
A non-refundable deposit is payable at time of booking. Deposits are calculated based on your holiday/surfing lesson requirements and duration of your stay. Full payment will be required for all bookings at the above listed accommodation if your booking is made within 6 weeks of arrival. Upon receipt of your payment confirmation of your booking will be sent by email confirming our contract with you. There is a 2% card processing charge for all debit/credit card payments. Payments by bank transfer or cheque are free of charges.
Any outstanding balances are required to be completed 6 weeks prior to your arrival. No further reminders will be sent and your booking may be cancelled if payment is not received by the due date, and any deposit paid will be forfeit. Please note, in respect of the vast majority of our featured self catering properties, these are privately owned and we act as agents only for those owners and are not principals. Further details can be supplied on request.
CHECK IN/CHECK OUT
Normally your accommodation will be ready on arrival day as follows:
CANCELLATION, CHARGES & AMENDMENTS
All cancellations must be sent in writing to email@example.com and are effective upon the date received by by us. This should be done by the person who made the booking. Failure to turn up to your accommodation without prior cancellation will result in any remaining balance being collected from the credit/debit card on file with immediate effect. Should you have to cancel your Surf and Stay holiday the following charges will apply
up to 28 days loss of deposit
27-15 days 50%
14 days or less 100%.
Holiday cancellation insurance is therefore strongly recommended.
Accommodation Amendments– should you wish to alter your accommodation arrangements after we have processed your booking a £30 per person for hotel bookings, and £40 per unit fee for self catering amendment will be charged. However, if within 28 days higher charges may apply especially if your arrival date is changed.
We cannot offer reductions or refunds for rooms or units unoccupied or part occupied for the full/part period of your booking. We will always endeavor to accommodate your changes and move you to a more suitable room or unit where possible. During busy periods and high season where we are often fully booked and where such changes are not possible your initial quoted charges will be payable.
If any group members are not going to turn up for their surf ‘n’ stay course their place must be cancelled following our cancellation procedure and will be subject to our charges. In self catering units where group sizes reduce from the orginal booking our quote will change for the remaining members of the group to reflect the base unit cost of self catering accommodation used to calulate our £per person rates.
SPECIAL NOTE FOR SELF CATERING ACCOMMODATION
Clients are required to provide a credit/debit card imprint/deposit on arrival a £100 security deposit in will be added to your total holiday invoice payable at the time of balance. This will be cancelled/fully refunded after departure, subject to any deduction for breakages, loss and/or damage and/or if the unit is left in an unacceptable condition. Liability is not limited to £100 in the event of loss/damage in excess of this figure and if in the unlikely event higher charges are applicable we would seek further payment from the credit/debit card supplied at the time of booking or require supplementary payment by cheque or credit card. In addition, charges may apply where through unacceptable behaviour, disruption and severe inconvenience is caused to fellow guests.
Please do not bring valuables to the beach. We do not accept any responsibility for loss or damage to personal items.
The activity of surfing brings with it a degree of risk to both people and personal property, even if enjoyed under the proper supervision of qualified and experienced instructors. Surfing is a physical and strenuous activity that requires those taking part to have a reasonable standard of swimming ability (50 meters) and personal fitness. All course/lesson attendees must therefor disclose any medical conditions, illnesses, allergies, physical impairments and have available and prescription medication they may require upon sign-in.
You should not participate in a surf course or lesson if you are suffering from any heart condition or if you are pregnant. If you are unsure as to whether your condition will affect your ability to surf we advise you seek medical advise before booking your course. All course members must not be under the influence of substance or alcohol at the time of the lesson which may adversely affect their mental/physical abilities.
All course members must agree to abide by all instructions and decisions that Surf Watergate staff and instructors make to ensure the safety and well being of all participants.
Students attending surf courses and lessons will be entitled to use our surfing equipment during their lessons. Whereas Surf Watergate takes all reasonable measures to ensure that equipment is safe and in good condition for use, course members are responsible for immediately reporting any damage cause to the equipment, or that becomes apparent whilst the equipment is in their possession.
Surf Watergate does not seek to limit or exclude any liability for personal injury or loss of life which may occur as a result of its own negligence or that of its employees, offices of agents. Surf Watergate assumes no liability in respect of any personal injury, loss, damages, consequential loss or third party claims which occur though no faults of its own, employees, officers or agents. All other liability or conditions implied by law and excluded to the fullest extent possible.
ACCEPTANCE OF RISK
Your booking is accepted by us, on the understanding that you realise the hazards involved in surfing and water sports. You acknowledge that by the very nature of the activities you are exposed to an element of personal risk and that all activities are of a potentially hazardous and unpredictable nature above those associated with conventional holidays. You therefore accept and consent to the risks inherent in the implementation of this contract as reasonable limitations to the company’s liability as set out in these terms and conditions. All participants agree to abide by all instructions given and decisions as communicated to the participant by Surf Watergate coaches to ensure the safety and well being of our customers.
Comprehensive personal travel insurance is a must for any holiday whether at home or abroad. We strongly recommend that you have insurance cover for the duration of your visit to us, that is adequate for your needs and the types of activities you will be undertaking during your holiday, specifically but not limited to the activity of surfing and water sports. We do not check insurance policies; however we reserve the right to request written details (insurers name, policy number and emergency contact number) of your policy. You are responsible for indemnifying us in full in the event that we incur any losses or expenses arising out of your failure to take out adequate insurance cover.
DISABILITIES & MEDICAL PROBLEMS:
If you or any member of your party has a medical problem or disability that may affect your booking, in particular your ability to surf, please tell us before you confirm your booking and give us full details in writing as early as possible before your arrival. If we reasonably feel unable to properly accommodate the particular needs of the person concerned we reserve the right to decline or cancel the reservation.
INVITATION TO TREAT
Surf Watergate confirms that the display of items, and/or holidays for sale on our website, quotes given via e-mail, telephone or skype are only an invitation to treat. The final price is confirmed by a member of staff upon request of wanting to book. At which point a booking is made and a contract is entered into.
Our suppliers often have their own booking conditions, cancellation conditions or conditions of carriage and you will be bound by those as far as the relevant supplier is concerned. Some of these conditions may limit or exclude liability on part of the relevant supplier, or give the supplier the right to alter or cancel arrangements without penalty. Where relevant, copies of such conditions will be available for inspection at our office, or at the office of the relevant supplier.
PAYING BY CREDIT OR DEBIT CARD
We do not accept American Express. We do however accept most other major credit and debit cards. We do not charge for debit cards or bank transfer, however if paying with a credit card you may incur a 2.5% transaction fee.
If a problem occurs whilst you are attending a surfing course, or surf ‘n’ stay break you must inform the relevant supplier as well as us immediately so that the matter can be put right. You should also complete a complaint form whilst at the surf school or accommodation. If the supplier or ourselves at Surf Watergate cannot resolve the problem to your satisfaction at the time, you must also contact us immediately so that we are given the opportunity to help.
In the event that a complaint cannot be resolved at the time, you must write to us via email on firstname.lastname@example.org within 28 days quoting your original booking reference and giving all relevant and detailed information. PLEASE NOTE: Failure to take these steps will hinder our ability to resolve any problem and/or investigate it fully and in consequence, your rights under the contract may be affected. We regret we cannot accept liability for any claims which are not notified to ourselves and/or supplier strictly in accordance with this clause.
If you have any special requests you must advise us at time of booking and confirm them in writing. Although we will endeavor to pass on any requests to any of our suppliers, no guarantees can be given that the request will be met. Confirmation that a special request has been noted or passed on to the supplier, or the inclusion of the special request on your written confirmation or any other documentation, is not confirmation that the request will be met. Failure to meet any special request will not be a breach of your contract. Conditional bookings cannot be accepted i.e: any booking which is specified to be conditional on the fulfillment of a particular request.
This website and its contents is copyright of Surf Watergate 2018 – All rights Reserved.
DATA PROTECTION NOTICE:
We may from time to time contact you by post or email with further information on the latest offers, brochures, products or services which we believe may be of interest to you. You may unsubscribe from these services at any time by the link on our email, or in writing to us.
BROCHURE AND WEBSITE ACCURACY:
We make every attempt to ensure that our brochures and website show our customers the services that are on offer at Surf Watergate.
All information provided is given as a guide, We accept no responsibility for errors, omissions or discrepancies in our literature. All prices are accurate at time of print or publication, but are subject to change. We reserve the right to increase or decrease prices any time after publication. Any alterations or changes will be made clear at time of booking.
LINKS TO OTHER WEBSITES:
You will find links to several other websites throughout our Surf Watergate website. Surf Watergate are not in any way responsible for the content of these sites, or the sites themselves. Please ensure you read each sites terms and conditions and privacy policies upon visiting them.
These Booking Conditions and all matters arising out of them shall be construed and governed according to English Law. The parties agree that any dispute(s) they may have will be exclusively dealt with by the Courts of England and Wales except in relation to any proceedings brought against the Company in any other jurisdiction which involve or concern, in whole or part, the Arrangements or the Services.