Before you book anything through Stoked Surf Adventures, you will need to make sure you read and agree with our Terms and Conditions. Basically it’s all the legal stuff to make sure you know what you’re signing on for, what your rights are and how we work as a company.
THE CUSTOMER’S ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF CLAUSES 7, 8, 10 AND 11.
By purchasing any of the packages offered on the Stoked Surf Adventures website, you agree to be bound by the terms and conditions below:
1.1 Definitions. In these Conditions, the following definitions apply:
1.2 Construction. In these Conditions, the following rules apply:
2. Basis of contract
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Order constitutes an offer by the Customer to purchase the Goods and Services in accordance with these Conditions. The Customer is 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 the Retailer issues 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. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Retailer which is not set out in the Contract.
3. Goods and services
3.1 The Goods and Services are described on the Website. The Retailer is acting as agent for the Organiser, and on acceptance of an Order will provide the Retailer’s Services.
3.2 The Retailer’s Services are:
3.3 The Organiser may provide its own set of terms and conditions relating to the provision of the Goods and Services and the Customer is advised to ensure they are happy with these additional terms. A copy of the terms and conditions of any Organiser will be provided by the Retailer on request.
3.4 The Retailer reserves the right to amend the specification of the Goods and Services where the Organiser informs the Retailer of any change or if required by any applicable statutory or regulatory requirements.
4.1 Delivery/Completion of the Retailer’s Services shall be when the Retailer has 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 The Retailer shall not be liable for any delay in delivery/completion of the Retailer’s Services that is caused by:
5. Right to Cancel
5.1 The Customer shall 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 the Retailer accepts an Order made by the Customer.
6.1 The Retailer makes no warranty in relation to any of the Goods and Services provided by the Organiser.
7. Price, payment and deposit
7.1 The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the Retailer’s published price list in force as at the date of delivery.
7.2 The Customer shall pay a deposit to secure a booking of the Goods and Services on such terms as shall be set out on the Website. If the Customer fails to pay the full price by the date indicated by the Organiser or the Retailer, the Customer will forfeit the deposit monies.
7.3 The price of the Goods is subject to any increase that is due to:
7.4 The price of the Goods is inclusive of amounts in respect of value added tax (VAT).
7.5 Payment is to be made immediately on the Website, but if the Customer fails to make payment due to the Retailer under the Contract for any reason, then the Customer shall 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. The Customer shall pay the interest together with the overdue amount.
7.6 The Customer shall 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). The Retailer may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Retailer to the Customer.
8.1 A deposit paid under clause 6 is not refundable unless an event in clause 12 occurs.
8.2 The payment of deposits under clause 6 may also be subject to additional restrictions or conditions required by the Organiser. The Retailer will inform the Customer before contracting of any such restrictions by means of a notice on the Website.
8.3 Any cancellation by the customer is subject to a 20% cancellation fee. In addition, if a Service Provider charges us for the cancelled travel you must also pay us the amount that we are charged on your behalf by the Service Provider. 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.
9.1 The Customer agrees that:
10.1 If the Customer becomes subject to any of the events listed in clause 8.2, or the Retailer reasonably believes that the Customer is about to become subject to any of them and notifies the Customer accordingly, then, without limiting any other right or remedy available to the Retailer, the Retailer may cancel or suspend all further deliveries under the Contract or under any other contract between the Customer and the Retailer without incurring any liability to the Customer, and all outstanding sums in respect of Goods delivered to the Customer shall become immediately due.
10.2 For the purposes of clause 8.1, the relevant events are:
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 which expressly or by implication survive termination of the Contract shall continue in full force and effect.
11. Limitation of liability
1.1 Nothing in these Conditions shall limit or exclude the Retailer’s liability for:
11.2 Subject to clause 9.1:
12.1 The Customer acknowledges and agrees that in addition to clause 10 above, any activity booked as part of the Goods and Services may be dangerous and accepts this risk and participates in any dangerous activity entirely at his/her own risk. The Customer agrees that he/she will not hold the Retailer or any of its employees, directors are partners liable for any loss, damages including (without any limitation) damages for personal injury or death
13. Force majeure
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 Eventmeans 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.
14. Website terms
14.1 By using the Website, you acknowledge that all Intellectual Property rights in the Website are solely owned by the Retailer.
14.2 The information on the Website may not be reproduced, distributed or transmitted without the express written permission of the Retailer.
14.4 The Customer expressly agrees that the Retailer may use any image or likeness of the Customer taken whilst using the Goods and Services and provided to the Retailer for the purposes of any marketing materials of the Retailer. The Customer agrees to waive any rights to any of these images or likenesses.
15.1 Assignment and other dealings.
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 the Retailer.
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).
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