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Eligibility Requirements and Responsibility for Defects


The customer has to take the following into account:

• Surfing and kitesurfing are perilous (high-risk) sports, 

• there is a high risk of injuring yourself and/or others 

• the customer has to act according to the instructors without exception 

• OndaRoot will be not be held responsible for any person and damages to property as a result of negligence. 

• You must ensure that the details provided by you on registration or at any time are correct and complete.


Good swimming skills and a certain amount of fitness are essential for taking part in surf and kite course. Customers participating in courses must expect to be involved in adventurous and sometimes strenuous activities. Although prior experience and/or training is not necessary on all the courses, customers are expected to be in good general health. The customer must declare that there is no demur carrying out surfing and/or kitesurfing from a medical point of view. The customer must satisfy him/herself that taking part in the course is within his/her own capabilities. The company reserves the right to refuse a booking on medical grounds if it is considered to be detrimental to their safety and smooth running of the course. We suggest contacting a doctor before your trip in case of possible discomfort.


For taking part in the surf course you have to be over eighteen years of age. Any customer under the age of 18 years must have the written permission of his/her parent or guardian before being able to take part in any course offered by the company. The parent hereby declares his child mature and liable enough to participate in activities of OndaRoot. OndaRoot does not take over any duty of supervision, except legal road traffic regulations. The parent or guardian need to be aware and accept the risks involved in adventure activities and satisfy them accordingly.


Participation in the OndaRoot course, claiming of all the offered benefits, as well as arrival and stay are at participant’s risk, liability and expenses.


The company is not liable for dangers bound to surfing. The participant has to accept these dangers. 


The company shall have no liability for damages caused during surfing by other course participants or any other party.

 

 

Surf classes are insured by a public liability insurance.

 

Property belonging to the customer is at all times the responsibility of the customer.


The customer is responsible for the safekeeping of all equipment issued for use during the course. Any property of OndaRoot has to be used carefully and orderly by the customer. 

The company reserves the right to charge for equipment that has been lost or misused. 


Any injury or illness occurring between the time of the declaration and the commencement of the course must be reported to the OndaRoot management.


If other companies are instructed with carrying out additional services, then these companies take over liability for claims in connection with these services.


On our part the company is liable for dutiful preparation and carrying out of the camps.


OndaRoot, its partners and its staff only take liability for accidents and accidental damage if insurance bears the damages without liability of the above mentioned. 

Each further liability of the above mentioned for damages to the participant are excluded and the participant takes over liability of damages caused to other parties. Liability is excluded independent from any legal ground, time of damage, person of the injuring and injured party, circumstances of actions leading to damage or damaging event as well as their causes and form.



Booking and Payment Arrangements


Registration has to take place via e-mail. The writer who registers herself/himself and all the other listed participants take liability for fulfilling the contract. 


After receiving the booking OndaRoot will inform the customer of the deposit and the account number. The contract shall be formed when OndaRoot acknowledges acceptance of the required payment. Please note that we can only accept cash payment and that any bank charges shall be carried by you.


Cancellation by the Customer


Cancellation from participation is possible at any time and must be in writing. It becomes effective the cancellation has been received.


Costs of Cancellation

If you are obliged to cancel your booking you should write to OndaRoot immediately. Any cancellations or changes to your booking must be made in writing. The following sliding scale determines if your holiday is refundable and to what extent:

Refund to traveler by OndaRoot in percent of the total trip-price:
        until 60 days prior to departure: 90%
        until 30 days prior to departure 70%
        until 15 days prior to departure 50%
        until 8 days prior to departure 20%
        less than 8 days prior to departure 0%

Re-bookings will be accounted for as far as possible and are charged at € 40,-. They are treated as a withdrawal from the original contract with simultaneous re-registration. Until departure, the traveler is allowed to transfer his contract to somebody else, who, instead of the original traveler, will claim the services according to the contract. We reserve the right to refuse to accept this change in our absolute discretion without stating the reason for doing so. For transferring bookings we charge a handling fee of € 20,-.


If a third party enters the contract, then he/she and the original participant are jointly and equally liable for the total course fee.


Cancellation by the company

If the event or course is considerably impeded, endangered or impaired due to unforeseeable force majeure, then OndaRoot is authorized to terminate the contract. If the contract is terminated, OndaRoot can charge reasonable compensation for services already rendered.

 

Customers must follow the instructions set by OndaRoot. In case of acting inappropriately and thus putting the reputation or the integrity of other customers or OndaRoot at risk, the customer can be excluded from the course at any time. In this case the fee paid will not be refunded.

 

If the minimum number of participants is not reached, or a teacher is not able to teach due to illness, death or force majeure, OndaRoot is authorized to cancel the event. Any payments made by the customer shall be refunded within 7 days.



Guarantee


The customer agrees that the company offers a service free of defects or improves the bad service within reasonable time instead of redhibitory action or reduction of price

Solution can be found by correcting the fault or by offering a similar or more significant compensation that the customer approves of. 

The notice of defect has to be made on site by the camp management.

The company has the right to reject the solution if it requires a disproportional amount of effort. The customer is obliged to help in any case of troubles within the legal frame and to avoid or keep damage down. The customer is furthermore obliged to report his/her complaint to the local camp management immediately. The management has to help if possible.


Exclusion of Claims and Limitation


Claims of the customer because of insufficient travel services have to be claimed from the company within a month after the end of the trip. Later claims can only be asserted if the expiration of this time limit wasn’t his/her fault. 


Passport, Visa and Health Requirements, Travel Insurance

Travellers not holding a valid EU-passport are required to obtain appropriate information at their consulate. If any entry requirements of individual countries should not be met or if a visa is not issued in time, so that the traveler is prevented from entering a country, OndaRoot can charge cancellation-fees to the customer. OndaRoot recommends every customer to contract trip cancellation insurance, travel accident insurance and international health-insurance.


Change of Schedule


Changes cannot be excluded. Changes of the timetable due to risks caused by the weather are possible. A short-term and on-site relocation can therefore be necessary.

OndaRoot will inform the customer about important changes on general rules in the trip information sent to the customer at booking time or in the internet presentation. The traveler is responsible for compliance with all general rules relevant for the trip. Any disadvantages arising from not complying with these general rules are at the expense of the traveler, except when they are due to a culpable misinformation by OndaRoot. 


Asserting a Claim


Place of jurisdiction – for all calms concerning the business connections – is the court in Ferrol (Spain).


Severability Clause


The inefficacy of individual clauses doesn’t include the inefficacy of the travel contract and of the other terms of the general terms and conditions (AGB).


Content


OndaRoot doesn’t take any liability for accuracy, timeliness and completeness of the information on this website. OndaRoot is not under any liability whatsoever in respect of damages arisen from the use of this website. OndaRoot believes that the content of this website is correct at the time of publishing but all prices and services described herein are subject to change or withdrawal without notice. OndaRoot is not responsible for websites you can reach by links on the OndaRoot Website. OndaRoot is only the operator.

 

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