Terms and Conditions
1. Definition
The present terms and conditions are applicable to any of our “programmes“ (such as surf coaching, surf guiding, surf equipment rental, repair service, yoga lessons, (surf) day trips and/or (week) packages) run by S&T including its employees, partners, and/or members. In consideration of S&T accepting you (the guest, participant, booker, renter and/or buyer) for any of the above-mentioned programmes, you acknowledge, understand and agree to the following terms and conditions.
References to “claims” include any claims for any type of damages, compensation, costs (including legal costs), awards and/or any other form of loss and/or liability. References to “liability” include any liability in contract, for infringement of any duty of care, under any legislation and/or under any other legal basis.
2. Participation in trips / activities of Surf & Travel
The guest‘s participation in the program is at the absolute discretion of S&T depending upon weather and wave conditions and other local factors as well as the guest‘s medical condition, levels of fitness and surfing ability. The guest at all times has to comply with the safety procedures and instructions given by S&T. You agree that at the request of S&T you cease any activities as directed by S&T. You acknowledge that any such direction from S&T is made in the interest of your safety and/or the safety of other participants and that you are not eligible for any form of refund and/or compensation in such circumstances except at the absolute discretion of S&T.
2.1. Trip
S&T trips start and finish where stated on your booking confirmation. We are not responsible for your travel to or from this point or for any expenses, including travel accommodation, subsistence and loss of earnings, caused by delayed return to your departure point, howsoever caused.
2.2. Passport, visa and insurance
It is the guest’s responsibility to carry a valid passport and have obtained the appropriate visas when travelling with S&T. Please ensure passports are valid for a minimum of 6 months beyond your date of arrival for the trip/tour.
Everyone booking a holiday with S&T must have full travel insurance. S&T accepts no responsibility for loss, theft or damage to persons or property during their stay. Guests must obtain their insurance independently.
2.3. Physical condition, fitness and health
It is your responsibility to ensure you have a suitable level of fitness to undertake your surf and/or yoga trip. Seek the advice of your doctor for specific health recommendations for travelling to Morocco and/or for any pre-existing health concerns. Any medical expenses or related costs incurred during your trip are not the liability of S&T.
Hereby, you confirm you have fully informed S&T about any injury, disability, medical and/or health condition which could be relevant to you participating in the program. Referring to activities taking place beside and/or in the ocean, it is in your interest to have basic swimming skills and notify S&T in the opposite case beforehand. You understand that failing to do so may increase the risk of becoming injured or killed. You declare that you are medically and physically fit and able to participate in the program and you will immediately disclose to S&T any change to your medical condition, fitness and/or ability to participate in the program.
2.4. Risks
It is a condition of participation of any program, trip and/or activity run by S&T to accept and acknowledge that all programs, trips and/or activities involve inherent risks that may not be present in the case of conventional or less demanding and active holidays. In accepting the risk involved guests acknowledge the decision to travel has been made after due consideration or relevant travel information and no liability exists to S&T or the service provider.
Surfing and similar activities in and/or beside the ocean are innately dangerous. Accidents can and do happen, which may result in being injured or even killed by dangers in the water (e.g. drowning, accidents with other surfers and/or their surfboards), underwater (e.g. reefs, currents, ocean floor) and/or by marine life (e.g. sharks, whales, weeverfish) and other risks which the guest may be exposed to during the program. You agree that you have voluntarily read and understood this warning and accept these risks.
2.5. Weather and wave condition
In the event of poor weather or surf conditions, the guest shall have no claim against S&T or the operators.
2.6. Medical Treatment
In case of not being able to express your wishes, e.g. due to unconsciousness, S&T may at their discretion arrange medical or hospital treatment (including ambulance transportation) for you. The guest authorises such actions being taken by S&T and agrees to meet and/or repay to S&T all costs and expenses associated with such action. S&T is under no liability to arrange any medical and/or hospital treatment which may expose S&T to financial cost and/or expense. It is your responsibility to take out insurance covering such costs and expenses which may be desirable as a result of the program.
2.7. Transfers
It may sometimes be necessary to combine, on certain transfers, customers arriving or departing on more than one flight, which may require additional waiting time at your airport or accommodation. Sometimes our airport transfers are contracted to a specialist local agency. Please note departure times are 3 hours prior to your flight departure from your accommodation. S&T accepts no responsibility for injury, death, loss, damage, accident, delay, irregularity or costs incurred that may arise from the use of these services. S&T can give no guarantee of exact times of arrival or departure of any service and will not be liable for failure to make connections to other services.
2.8. Behaviour
While staying with S&T, clients are expected to behave in an orderly and acceptable manner and are expected to accept responsibility for the conduct of themselves and their party. Should their behaviour threaten the condition of the accommodation or vehicles or seriously impair the enjoyment of other guests, S&T reserves the right to refuse to further accommodate the guilty party and contractual obligations will be terminated. The guilty party will be liable for the cost of any damage caused.
2.9. Responsibility
S&T may act as an agent in the arrangement of travel services and accepts no liability for any injury, loss, damage, accident, delay, irregularity or costs incurred that may arise to any guest or third party resulting from the guests or third party’s use. Some of our service providers will have additional conditions. As agents for these providers we do not take responsibility for any omission, default, neglect or accuracy of any information or statement made by them.
3. Privacy and identity
The information provided by the guest during and/or before the duration of stay and/or by submitting a booking request, email request and/or a booking is necessary for the operation of the program. This information will only be used for the purposes of S&T and to provide the guest with information pertaining to the program. If this information is not provided you might not be permitted to participate in the program.
You agree that photographic, video and/or sound recordings in any medium made by S&T of your participation in the program may be used for the general promotion of S&T including in printed copy and via the internet.
4. Booking
The present paragraph cites the booking conditions of S&T applicable to all trips, activities and/or programs booked with S&T and should therefore be read carefully. Should any part of these conditions become invalid or unenforceable, this will not affect the validity of the remainder of these conditions.
4.1. Booking contract
Your booking contract is with STE SURF AND TRAVEL *SARL*AU, Bvd Hassan II Taghazoute Centre, 80022 Taghazout, Morocco. The person submitting the booking form must read and accept these terms and conditions. In the case of a group booking the group leader must have the authority to sign on behalf of everyone in the group. The lead name will be responsible for the full cost of the holiday including cancellations and additional charges. The validity of the booking contract between S&T and the guest starts not until the deposit payment has been received. The offer supplied by S&T is reserved for the guest for five days, during which the guest must pay the deposit payment in order to confirm his booking. We reserve the right to refuse to accept bookings in our absolute discretion without stating the reason for doing so. Please inform us immediately if there are any discrepancies in the costs or details of your booking.
4.2. Payment
All prices are in Euros unless otherwise stated. Upon making your booking the price of your trip will not normally be subject to change, however we reserve the right to increase or decrease prices due to variations in service charges, insurance/security levels or exchange rates. Once a booking has been made discounts cannot be applied retrospectively.
A deposit of at least 25% is required in order to confirm the booking. Once payment receipt confirmation has been dispatched, the booking is confirmed and the deposit is non refundable. The final balance is due on arrival.
4.3. Cancellation by guests
If you are obliged to cancel your booking in any form, complete or partial, you should inform S&T immediately. By cancelling over 4 weeks before arrival, the guest looses the deposit (25% of the total cost). By cancelling 2-4 weeks before arrival, the guest has to pay 50% of the total cost. Cancellation under 2 weeks before arrival means loss of 100% of the total cost.
4.4. Cancellation by Surf & Travel
S&T reserves the right in any circumstance to cancel your booking. However, in no case will we cancel your booking less than 8 weeks before the scheduled departure except for reasons of ‘force majeure’ (e.g. war, political unrest, strikes, acts of God, epidemics, natural and technical disaster, closure of ports and aircraft) or unless the guest defaults in the payment of the balance of the total price. In circumstances where we are unable to provide the trip you have booked we will return to you all monies paid, or offer you an alternative trip of similar standard.
4.5. Alterations to your trip by Surf & Travel
It is unlikely that we will have to make any changes to your holiday, but occasionally small changes may be made, which we reserve the right to do at any time. Most of these changes are minor and we will advise you at the earliest possible date.
5. Jurisdiction, Liability, Indemnities & Complaints
Surf & Travel Camp (STE SURF AND TRAVEL *SARL*AU), here shown as “S&T“, is a local operational company registered in Morocco, operating under Moroccan law.
This document is subject to the law of Morocco and both the guest and S&T submit to the exclusive jurisdiction of the courts of Morocco in relation to any claim and/or liability connected with this document and/or the program.
5.1. Language
This document is construed in accordance with the English Language and in case of any conflict between the English Language version of this document and any translation; the English Language version shall take precedence and shall prevail.
5.2. Law and Jurisdiction
By accepting these terms and conditions, you declare that you do not and will not hold S&T responsible or liable for any illness, injury or accident incurred by you or inflicted by you upon others whilst participating in the program run by S&T, caused for the duration of stay. Whilst S&T will take every reasonable precaution to ensure your safety, the representatives of S&T merely guide you to surf beaches for informational purposes, which is not intended to be expert advice or opinion to be relied upon as physiological or safety advice and that S&T is not in any way responsible for guests safety or for injury or death whilst surfing. Taking part in our program implies your sound state of mind and body for such activities. It is the guests responsibility of taking out full and appropriate travel insurance which specifically covers such activities for the duration of stay.
You agree to waive any and all claims you may have against S&T which are due to the inherent risks associated with surfing, yoga and/or further activities of the program.
5.3. Liability
S&T has no liability to the guest for any consequential and/or indirect losses; loss of profit, opportunity, business and/or enjoyment; distress and/or mental trauma; loss and/or damage to equipment and/or personal belongings; and/or acts and/or omissions of other guests participating in and/or associated with the program.
The total liability of S&T to the guest in relation to and/or connected with the program as a whole (whether arising from separate claims and/or a series of linked claims) shall not exceed the amount payable by the guest to S&T for the program.
The guest has full liability for any damage or loss of material or installations of S&T and to the equipment which is provided to the guest by S&T for the duration of the program or rented by the guest at S&T (such as surf boards or wetsuits). In case of damage, the actual repair cost has to be refunded by the guest. In case of loss or irreparable damage, the guest has to refund half of the purchase price of the lost or damaged part.
5.4. Indemnities
The guest agrees to indemnify S&T and keep S&T indemnified against any and all claims by any third party which arise as a result of his acts and/or omissions in connection with the program and/or any loss and/or damage to equipment or property owned by and/or under the control of S&T in relation to the program which arises as a result of the guests acts and/or omissions.
5.5. Legal Restrictions on Limitations
The exclusions and/or limitations of liability in this document only apply to the maximum extent permitted by applicable law and the exclusions and/or limitations shall be deemed to be worded to take effect to the maximum extent permitted by applicable law and do not limit and/or exclude the liability of S&T for any wilful acts and/or omissions of S&T which are intended to cause loss and/or damage to you and/or your property.
5.6. Complaints
If you wish to make a complaint or claim during your trip, you must report it to the relevant supplier of the problem in question and to our S&T representatives, thereby giving them the opportunity to remedy the problem. We cannot accept any liability whatsoever if we are not informed immediately, of any problem during your stay. Complaints not resolved completely during your stay should be made in writing within 20 days of the end of the trip. We will not accept liability for claims received after this period.