STANDARD SERVICE TERMS AND CONDITIONS
These Terms and Conditions are the standard terms for the provision of services by Surf Costa Rica, whose registered address is 2003 Davenport House, 261 Bolton Road, Manchester. BL8 2NZ.
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Business Day” means any day other than a Saturday, Sunday or bank holiday;
“Calendar Day” means any day of the year;
“Contract” means the contract for the provision of Services, as explained in Clause 2;
“Deposit” means an advance payment made to Us under sub-Clause 4.5;
“Month” means a calendar month;
“Price” means the price payable for the Services;
“Services” means the services which are to be provided by Us to you as specified in your Order (and confirmed in Our Order Confirmation);
“Special Price” means a special offer price payable for Services which We may offer from time to time;
“Order” means your order for the Services;
“Order Confirmation” means Our acceptance and confirmation of your Order as described in Clause 3;
“Our Widget” means the school(s) with which we list on our site and from whom your lesson will be conducted;
means the website we run, surfcostarica.org
means the booking form we offer Our Partners to use on their site to offer us the ability to offer Our Service
“We/Us/Our” means Surf Costa Rica, whose registered address is 2003 Davenport House, 261 Bolton Road, Manchester. BL8 2NZ.
1.2 Each reference in these Terms and Conditions to “writing” and any similar expression includes electronic communications whether sent by e-mail, text message, fax or other means.
2. The Contract
2.1 These Terms and Conditions govern the sale and provision of Services by Us and will form the basis of the Contract between Us and You. Before submitting an Order, please ensure that you have read these Terms and Conditions carefully. If you are unsure about any part of these Terms and Conditions, please ask Us for clarification.
2.2 Nothing provided by Us including, but not limited to, sales and marketing literature, price lists and other documents constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at our discretion, accept.
2.3 A legally binding contract between Us and You will be created upon our acceptance of your Order, indicated by Our Order Confirmation. Order Confirmations will be provided in writing by email.
2.4 We shall ensure that the following information is given or made available to you prior to the formation of the Contract between Us and you, save for where such information is already apparent from the context of the transaction:
2.4.1 The main characteristics of the Services;
2.4.2 Our identity (Clause 1) and contact details (as set out below in Clause 10);
2.4.3 The total Price for the Services including taxes if applicable or, if the nature of the Services is such that the Price cannot be calculated in advance, the manner in which it will be calculated;
2.4.4 The arrangements for payment, performance and the time by which (or within which) We undertake to perform the Services;
2.4.5 Our complaints handling policy;
2.4.6 Where applicable, details of after-sales services and commercial guarantees;
2.4.7 The duration of the Contract, where applicable, or if the Contract is of indeterminate duration or is to be extended automatically, the conditions for terminating the Contract;
2.4.8 Where applicable, the functionality, including appropriate technical protection measures, of digital content;
2.4.9 Where applicable, any relevant compatibility of digital content with hardware and software that We are aware of or might reasonably be expected to be aware of.
3.1 The Service We offer is the connection of You, the student, to Our Partners, the Schools, also referred to here as Your Order. Any costs paid to reserve Services offered by Our Partners on Our Site, or any of our partner’s sites using Our Widget, are reservation fees We charge for connecting your requirements to Our Partner. They do not represent any cost relating to the Service they will provide and we have no affiliation in terms of their Services offered.
3.2 We hold no responsibility for the actions of Our Partners in the handling of your booking or provision of their Services
3.3 All Bookings made by you on Our Site (or Our Partner’s site, using Our Widget) are for the Services of connecting you with Our Partner and will be subject to these Terms and Conditions.
3.4 You may change Your Order at any time before your booked lessons begins by amending in your dashboard or by contacting Our Partner. Amendments may be subject to charges as may cancelations.
3.5 If your Order is changed We will inform you of any change to the details and the Price in writing, via email.
3.6 You may cancel your Order at any time up to 14 days before the lesson begins and receive a full refund, however after this time the decision on the status of your refund will be dictated by the terms and conditions of Our Partner.
3.7 Our Partner(s) may amend or cancel your Order at any time before They begin providing the Services due to the unavailability of required personnel or materials, or due to the occurrence of an event outside of Our/Their reasonable control, such as weather conditions. If such amendment or cancellation are necessary, We or They will inform you as soon as is reasonably possible. If you have made any payments to Us under Clause 4 (including, but not limited to the Deposit), the payment(s) will be refunded as soon as is reasonably possible, and in any event within 14 Calendar Days of Us informing you of the cancellation. If you have completed part of the booking Our Partner will determine the refund percentage. We have no influence in the refund policy after 14 days before the booking date and Our Partner is responsible and liable for the deductions. We hold no responsibility for any refunds requested after 14 days before the booking. Cancellations will be confirmed in writing, by email.
3.8 If cancellations are made by Our Partner(s) the responsibility for this is borne totally and without prejudice by Our Partner.
3.9 On completion of a booking We shall send you the booking confirmation. Within this email you will be asked if you want to receive further information from Us. This information is related to your booking but holds no link to this contract nor extends our obligations to you mentioned in this Contract.
3.10 This Contract and Our obligation to you end 14 days before your booking.
3.11 After cancellation date of this contract you may still use Our Site to manage your bookings and access the information we offer Our customers.
4. Price and Payment
4.1 The Price of the Services will be that shown on the Results page, on the booking form and in your My Account page.
4.2 Prices reflect the parameters which you chose and therefore reflect the Services you wish to purchase from Our Partner. Our costs merely reflect a percentage of this cost and are deemed solely a fee to connect You and Our Partners
4.3 Our Prices may change at any time but these changes will not affect Bookings that We have already accepted.
4.4 All Prices are exempt from VAT.
4.5 Before We begin providing the Services, you will be required to pay a Deposit of a specific percentage of the total Price for the Services if the total value is under a threshold we set. You may have the option to pay the full price, if you prefer. Bookings under this threshold require full payment up front.
4.6 In certain circumstances, if your Order is cancelled, your Deposit or full payment will be refunded in full or in part. If this is actioned by Our Partner We have no involvement in the decision and offer no control over it. The amount due will be calculated based upon the Price for the Service and the amount of work (if any) already undertaken by Us and/or Our Partner. Please refer to sub-Clause 3.7 if your Order is cancelled before the Services begin, or to Clause 9.2 if the Services are cancelled after they have begun.
4.7 The balance of the Price will be payable on arrival to the School.
4.8 We accept payments only via our payment provider, Stripe.
5. Providing the Services
5.1 As required by law, We will provide the Services with reasonable skill and care, consistent with best practices and standards in accordance with any information provided by Us about the Services and about Us.
5.2 Our Services are fulfilled when the booking confirmation is received by You.
5.3 We will continue providing support thereafter however the responsibility for offering information on your booking and service falls to Our Partner. Any requests for information relating to your booking should be made via email directly to Our Partner, or to them via our messaging system. We hold no responsibility for offering information relating to your booking
5.4 We may send you marketing emails after your booking with information we deem helpful to your booking. This in no way transfers responsibility for managing your booking or providing in any way any service beyond the connection to You and Our Partner.
5.5 We will make every reasonable effort to complete the Services on time (and in accordance with your Order). We cannot, however, be held responsible for any delays if an event outside of Our control occurs. Please see Clause 8 for events outside of Our control.
5.6 If We require any information (such as additional information to prepare the school for your arrival) or action from you in order to provide the Services, We will inform you of this as soon as is reasonably possible.
5.7 If the information or action required of you under sub-Clause 5.6 is delayed, incomplete or otherwise incorrect, We will not be responsible for any delay caused as a result. If additional work is required from Us to correct or compensate for a mistake made as a result of incomplete or otherwise incorrect information or action on your part, We may charge you a reasonable additional sum for that work.
5.8 In certain circumstances, for example where there is a delay in you sending Us information or taking action required under sub-Clause 5.6, We may suspend the Services (and will inform you of that suspension in writing).
5.9 In certain circumstances, for example where We encounter a technical problem, We may need to suspend the Services in order to resolve the issue. Unless the issue is an emergency and requires immediate attention We will inform you in advance in writing before suspending the Services.
6. Problems with the Services and Your Legal Rights
6.1 We always use reasonable efforts to ensure that Our provision of the Services is trouble-free. If, however, there is a problem with the Services We request that you inform Us as soon as is reasonably possible
6.2 We will use reasonable efforts to remedy problems with the Services as quickly as is reasonably possible and practical.
6.3 We will not charge you for remedying problems under this Clause 6 where the problems have been caused by Us, any of our agents or employees or sub-contractors or where nobody is at fault. If We determine that a problem has been caused by incorrect or incomplete information or action provided or taken by you, sub-Clause 5.7 will apply and We may charge you for remedial work.
6.4 As a consumer, you have certain legal rights with respect to the purchase of services. For full details of your legal rights and guidance on exercising them, it is recommended that you contact your local Citizens Advice Bureau or Trading Standards Office. If We do not perform the Services with reasonable skill and care, you have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you, you have the right to a reduction in price. This does not extend to the Services offered by Our Partners, simply the Services we offer in connecting you and Our Partners. If the Services are not performed in line with information that We have provided about them, you also have the right to request repeat performance or, if that is not possible or done within a reasonable time without inconvenience to you (or if Our breach concerns information about Us that does not relate to the performance of the Services), you have the right to a reduction in price. If for any reason We are required to repeat the Services in accordance with your legal rights, We will not charge you for the same and We will bear any and all costs of such repeat performance. In cases where a price reduction applies, this may be any sum up to the full Price and, where you have already made payment(s) to Us, may result in a full or partial refund. Any such refunds will be issued without undue delay (and in any event within 14 calendar days starting on the date on which We agree that you are entitled to the refund) and made via the same payment method originally used by you unless you request an alternative method.
7. Our Liability
7.1 We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence (including that of Our employees, agents or sub-contractors). Loss or damage is foreseeable if it is an obvious consequence of the breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.
7.2 We provide Services for domestic and private use (or purposes). We make no warranty or representation that the Services are fit for commercial, business or industrial purposes of any kind (including resale). By making your Order, you agree that you will not use the Services for such purposes. We will not be liable to you for any loss of profit, loss of business, interruption to business or for any loss of business opportunity.
7.3 Nothing in these Terms and Conditions seeks to exclude or limit Our liability for failing to perform the Services with reasonable care and skill or in accordance with information provided by Us about the Services or about Us.
7.4 Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to Your local Citizens Advice Bureau or Trading Standards Office.
8. Events Outside of Our Control (Force Majeure)
8.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, server failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
8.2 If any event described under this Clause 8 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions:
8.2.1 We will inform you as soon as is reasonably possible;
8.2.2 Our obligations under these Terms and Conditions will be suspended and any time limits that We are bound by will be extended accordingly;
8.2.3 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Services as necessary;
8.2.4 If an event outside of Our control occurs and you wish to cancel the Contract, you may do so in accordance with your right to Cancel under sub-Clause 9.2.3. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation notice;
8.2.5 If the event outside of Our control continues for more than 4 weeks, We will cancel the Contract in accordance with Our right to cancel under sub-Clause 9.2.3 and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice.
9.1 If you wish to cancel your Order for the Services 14 days before the Services begin, you may do so under sub-Clause 3.6. as long as you do so in the time period allowed.
9.2 If any of the following occur, you may cancel the Services and the Contract immediately by giving Us written notice. If you have made any payment to Us for any Services We have not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our acceptance of your cancellation. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 4. If you cancel because of Our breach under sub-Clause 9.2.1, you will not be required to make any payments to Us. You will not be required to give notice in these circumstances:
9.2.1 We have breached the Contract in any material way and have failed to remedy that breach within 14 days of you asking Us to do so in writing; or
9.2.2 We enter into liquidation or have an administrator or receiver appointed over Our assets; or
9.2.3 We are unable to provide the Services due to an event outside of Our control (as under sub-Clause 9.2.4); or
9.2.4 We change these Terms and Conditions to your material disadvantage.
9.3 We may cancel the Services and the Contract at any time by giving you written notice. If you have made any payment to Us for any Services Our Partner has not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 4.
9.4 If any of the following occur, We may cancel the Services and the Contract immediately by giving you written notice. If you have made any payment to Us for any Services Our Partner has not yet provided, these sums will be refunded to you as soon as is reasonably possible, and in any event within 14 Calendar Days of Our cancellation notice. If We have provided Services that you have not yet paid for, the sums due will be deducted from any refund due to you or, if no refund is due, We will invoice you for those sums and you will be required to make payment in accordance with Clause 4. We will not be required to give 14 days notice in these circumstances:
9.4.1 You fail to make a payment on time as required under Clause 4 or
9.4.2 You have breached the Contract in any material way and have failed to remedy that breach within 14 days of Us asking you to do so in writing; or
9.4.3 We are unable to provide the Services due to an event outside of Our control.
9.5 For the purposes of this Clause 9 (and in particular, sub-Clauses 9.2.1 and 9.4.2) a breach of the Contract will be considered ‘material’ if it is not minimal or trivial in its consequences to the terminating party (i.e. you under sub-Clause 9.2.1 and Us under sub-Clause 9.4.2). In deciding whether or not a breach is material no regard will be had to whether it was caused by any accident, mishap, mistake or misunderstanding.
10. Communication and Contact Details
10.1 If you wish to contact Us, you may do so by email at firstname.lastname@example.org.
10.2 In certain circumstances you must contact Us in writing (when cancelling an Order, for example, or exercising your right to cancel the Services). When contacting Us in writing you may use the following methods:
10.2.1 Contact Us by email at email@example.com; or
10.2.2 Contact Us by post at 2003 Davenport House, 261 Bolton Road, Bury. BL8 2NZ.
11. Complaints and Feedback
11.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
11.2 All complaints are handled in accordance with Our complaints handling policy and procedure, available from firstname.lastname@example.org.
11.3 If you wish to complain about any aspect of your dealings with Us, including, but not limited to, these Terms and Conditions, the Contract, or the Services, please contact Us in one of the following ways:
11.3.1 In writing, addressed to Mr Stephenson, 2003 Davenport House, 261 Bolton Road, Bury. BL8 2NZ.;
11.3.2 By email, addressed to email@example.com
12. How We Use Your Personal Information (Data Protection)
12.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
12.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Notice available from Our Site.
13. Other Important Terms
13.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
13.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
13.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
13.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
13.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
14. Governing Law and Jurisdiction
14.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales
14.2 As a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 14.1 above takes away or reduces your rights as a consumer to rely on those provisions.
14.3 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland.