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.
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.
1.1 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 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:
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.
4.1 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:
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.
6.1 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:
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.
8.1 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.
9.1. 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.
10.1 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:
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:
11.2 Subject to clause 11.1:
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:
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.
14.4 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.
15.1 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 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).