WhatsApp UK: +447401827447 AU: +61402466793 [email protected]

Terms and Conditions

All bookings with Stoked Surf Adventures are subject to the Terms and Conditions set out below. Before making a booking, you will need to read, understand, and accept these Terms and Conditions. If you have any questions, please contact us, and we’ll be happy to help.

Stoked Surf Adventures Terms and Conditions

By purchasing any of the products and services offered on the Stoked Surf Adventures website, you agree to be bound by the terms and conditions below:

Your attention is drawn in particular to the provisions of clauses 7, 8, 9, 10, and 11.

1. Interpretation

1.1 Definitions. In these Conditions, the following definitions apply:

  • Business Day’: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
  • Conditions’: the terms and conditions set out in this document.
  • Contract’, ‘Booking’: the contract between the Retailer and the Customer for the sale and purchase of Products and Services in accordance with these Conditions.
  • Customer’, ‘You’, ‘Your’: the person or firm who purchases the Products and Services from the Retailer and all persons named on the booking (including anyone who is added or substituted at a later date).
  • Force Majeure Event’: has the meaning given in clause 13.
  • ‘Products and Services’: the products and services (or any part of them) booked by you and/or any person on your behalf as set out in the Order.
  • Order’: the Customer’s order for Products and Services submitted via the Website, received by email, or instructed via any other electronic means.
  • Organiser’: has the same meaning as under the Package Travel, Package Holidays and Package Tours Regulations 1992 and in these Conditions means the ultimate provider of the Products and Services.
  • Retailer’, We’, ‘Our’, ‘Us’: means Stoked Adventure Group Ltd (trading as Stoked Surf Adventures), a company registered in England and Wales with registration number 8732673.
  • Retailer’s Services’: means the Retailer’s obligations as set out in clause 3.
  • Website’: www.stokedsurfadventures.com

1.2 Construction. In these Conditions, the following rules apply:

  • (a) A person includes a natural person, corporate or unincorporated body (whether or not having a separate legal personality).
  • (b) A reference to a party includes its personal representatives, successors or permitted assigns.
  • (c) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
  • (d) Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
  • (e) A reference to writing or written includes faxes and e-mails.

2. Basis of contract

2.1 These Conditions apply to the Contract to the exclusion of any other terms that you may seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.

2.2 The Order constitutes an offer by you to purchase the Products and Services in accordance with these Conditions. You are responsible for ensuring that the terms of the Order are complete and accurate.

2.3 The Order shall only be deemed to be accepted when we issue a written acceptance of the Order, at which point the Contract shall come into existence.

2.4 The Contract constitutes the entire agreement between the parties. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in the Contract.

3. Products and services

3.1 The Products and Services are described on the Website. We are acting as an agent for the Organiser and on acceptance of an Order will provide the Retailer’s Services.

3.2 The Retailer’s Services are:

  • (a) To contact the Organiser to arrange for the Products and Services to be provided to you;
  • (b) To provide to the Organiser your details to enable the Organiser to provide the Products and Services to you.

3.3 The Organiser may provide its own set of terms and conditions relating to the provision of the Products and Services and you are advised to ensure you are happy with these additional terms. A copy of the terms and conditions of any Organiser will be provided by us on request.

3.4 We reserve the right to amend the specification of the Products and Services where the Organiser informs us of any change or if required by any applicable statutory or regulatory requirements.

4. Delivery/Completion

4.1 Delivery/Completion of our services shall be when we have contacted the Organiser pursuant to clause 3 above. Delivery/Completion shall be within 48 hours of acceptance of the Order but time is not of the essence.

4.2 We shall not be liable for any delay in delivery/completion of our Services that is caused by:

  • (a) a Force Majeure Event;
  • (b) your failure to provide us with adequate instructions or any other instructions that are relevant to the supply of the Products and Services; or
  • (c) the Organiser’s failure to respond to us or to you in a timely manner.

5. Right to Cancel

5.1 You will not be able to cancel the Contract under the Consumer Protection (Distance Selling Regulations) 2000 once the performance of the Services has begun. For the avoidance of doubt, the performance of the Services has begun when we accept an Order made by you.

6. Quality

6.1 We make no warranty in relation to any of the Products and Services provided by the Organiser.

7. Price, payment, and deposit

7.1 The price of the Products and Services shall be the price set out in the Order, or, if no price is quoted, the price set out in our published price list in force as at the date of delivery.

7.2 You will pay a deposit to secure a booking of the Products and Services on such terms as shall be set out on the Website. If you fail to pay the full price by the date indicated by the Organiser or by us, you will forfeit the deposit monies.

7.3 The price of the Products and Services is subject to any increase that is due to:

  • (a) any factor beyond our control (including foreign exchange fluctuations, increases in taxes and duties, increases in labour, materials and other manufacturing costs);
  • (b) any request by you to change the delivery date(s), quantities or types of Products ordered, or the Specification; or
  • (c) any delay caused by any instructions from you or your failure to give us adequate or accurate information or instructions.

7.4 The price of the Products and Services is inclusive of amounts in respect of value-added tax (VAT) where applicable.

7.5 Payment is to be made immediately, but if you fail to make payment due to us under the Contract for any reason, then you will pay interest on the overdue amount at the rate of 4% per annum above Barclays Bank Plc’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You will pay the interest together with the overdue amount.

7.6 You will pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting any other rights or remedies you may have, set off any amount owing to us by you against any amount payable by us to you.

8. Refunds

8.1 Any deposit paid is not refundable unless an event in clause 13 occurs, excluding any Covid-19 events.

8.2 The payment of deposits may also be subject to additional restrictions or conditions required by the Organiser. We will inform you before contracting of any such restrictions.

8.3 Any cancellation by you is subject to a 20% cancellation fee. In addition, if a service provider or the Organiser charges us for the cancelled travel, you must also pay us the amount that we are charged on your behalf by the service provider or Organiser. It is, therefore, possible your cancellation fees could be up to 100% of the cost of the booking, regardless of whether travel has commenced (for example, cancellations made within 24hrs of travel). These can be found on the Organiser’s website, or you can ask us for the full information at any point during the booking process.

8.4 In the event of a refund, you are responsible for any banking fees and/or costs required to complete the refund. All credit/debit card fees are non-refundable.

8.5 Refunds can only be processed by us, once the funds have been received from the Organiser.

9. Insurance

9.1. It is a condition of your Contract with us that you and all other members of your party, including any infants and children, are sufficiently insured from the time of booking and for the duration of your trip. You must ensure that this insurance fully covers all your personal requirements, including, but not limited to, the cost of medical expenses, any pre-existing medical conditions, full Covid-19 cover, personal belongings, loss or theft of baggage and money, cancellation charges, repatriation and assistance costs in the event of accident or illness and any activities that you have booked or may book (including, without limitation, any additional cover for scuba diving or surfing). Please read and take your policy documents with you on trip.

9.2. We shall not be liable for any refusal to offer the Products and Services by the Organiser due to failure to obtain adequate insurance.

10. Termination

10.1 If you become subject to any of the events listed in clause 10.2, or we reasonably believe that you are about to become subject to any of them and notify you accordingly, then, without limiting any other right or remedy available to us, we may cancel or suspend all further deliveries under the Contract or under any other contract between you and us without incurring any liability to you, and all outstanding sums in respect of Products and Services delivered to you shall become immediately due.

10.2 For the purposes of clause 10.1, the relevant events are:

  • (a) you suspend, or threaten to suspend, payment of your debts, or are unable to pay your debts as they fall due or admit inability to pay your debts, or (being a company or limited liability partnership) is deemed unable to pay your debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay your debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;
  • (b) you commence negotiations with all or any class of your creditors with a view to rescheduling any of your debts, or make a proposal for or enter into any compromise or arrangement with your creditors;
  • (c) (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of your business, other than for the sole purpose of a scheme for a solvent amalgamation of your business with one or more other companies or the solvent reconstruction of your business;
  • (d) (being an individual) you are the subject of a bankruptcy petition or order;
  • (e) a creditor or encumbrancer of yours attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of your assets and such attachment or process is not discharged within 14 days;
  • (f) (being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over you; 
  • (g) (being a company) the holder of a qualifying charge over your assets has become entitled to appoint or has appointed an administrative receiver;
  • (h) a person becomes entitled to appoint a receiver over your assets or a receiver is appointed over your assets;
  • (i) any event occurs, or proceeding is taken, with respect to you in any jurisdiction to which you are subject that has an effect equivalent or similar to any of the events mentioned in clause 10.2(a)to clause 10.2(h) (inclusive);
  • (j) you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business;
  • (k) your financial position deteriorates to such an extent that in our opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy; and
  • (l) (being an individual) you die or, by reason of illness or incapacity (whether mental or physical), are incapable of managing your own affairs or become a patient under any mental health legislation.

10.3 Termination of the Contract, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination. Clauses that expressly or by implication survive termination of the Contract shall continue in full force and effect.

11. Limitation of liability

11.1 Nothing in these Conditions shall limit or exclude our liability for:

  • (a) death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
  • (b) fraud or fraudulent misrepresentation;
  • (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
  • (d) defective products under the Consumer Protection Act 1987; or
  • (e) any matter in respect of which it would be unlawful for us to exclude or restrict liability.

11.2 Subject to clause 11.1:

  • (a) we shall under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract;
  • (b) you acknowledge that we are acting as an agent for the Organiser and are not responsible for delivering the Products and Services. You acknowledge and agree that the Organiser is responsible for delivering the Products and Services and our liability is restricted to the Retailer’s Services.

12. Disclaimer

12.1 You acknowledge and agree that in addition to clause 11 above, any activity booked as part of the Products and Services may be dangerous and accept this risk and participate in any dangerous activity entirely at your own risk. You agree that you will not hold us or any of our employees, directors, or partners liable for any loss or damages, including (without any limitation) damages for personal injury or death.

13. Force majeure

13.1 Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of Retailers or subcontractors.

13.2 For those unable to travel due to Covid-19 border restrictions, we will provide:

  1. Free date changes (where offered by The Organiser)
  2. A cancellation invoice to allow you to make a claim on your travel insurance

14. Website terms

14.1 By using the Website, you acknowledge that all Intellectual Property rights in the Website are solely owned by us.

14.2 The information on the Website may not be reproduced, distributed or transmitted without our express written permission.

14.3 Any of your personal information inputted on the Website will be processed under the Data Protection Act and in accordance with our privacy policy.

14.4 You expressly agree that we may use any image or likeness of you taken whilst using the Products and Services and provided to us for the purposes of any of our marketing materials. You agree to waive any rights to any of these images or likenesses.

15. General

15.1 Assignment and other dealings.

  • (a) We may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of our rights or obligations under the Contract.
  • (b) You may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of your rights or obligations under the Contract without our prior written consent.

15.2 Notices.

  • (a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first-class post or other next working day delivery service, commercial courier, fax or e-mail.
  • (b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 1.1; if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by by fax or e-mail, one Business Day after transmission.
  • (c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

15.3 Severance.

  • (a) If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
  • (b) If any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.

15.4 Waiver. A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

15.5 Third party rights. A person who is not a party to the Contract shall not have any rights to enforce its terms.

15.6 Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by us. This does not apply to cancellation terms and conditions unless the supplier contacts the customer directly to advise any change.

15.7 Governing law. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.

15.8 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).

Proceed Booking