TERMS AND CONDITIONS FOR
WAVEHUNTERS, OPERATORS OT THE ANIMAL SURF ACADEMY
Booking Conditions
In these terms and conditions: We, us, our, and 'the company'
means Wavehunters UK Ltd. Our registered office is at 6 Fore Street,
Port Isaac, Cornwall, PL29 3RB. You, 'the client' or 'the customer'
means the persons listed on the confirmation letter. If the confirmation
letter lists a limited company 'you', 'the client' or 'the customer'
means that company. 'The holiday', 'the package' or 'the weekend'
comprises the component travel arrangements, accommodation and
activities sourced and organised for Wavehunters UK Ltdâs
clients by Wavehunters UK Ltd. Wavehunters UK Ltd give notice that
these terms and conditions together with your confirmation letter
and invoice comprise the agreement or contract between the company
and those listed on the confirmation letter. No representative
of the company has the right verbally to vary these terms and conditions
or the information within the Wavehunters UK Ltd web-site, or to enter
into verbal agreements with customers of the company. By partially
or fully paying the invoice or signing and returning the confirmation
letter the customer is understood to accept Wavehunters UK Ltd's
terms and conditions.
Alterations by Us
If we have to alter your booking before departure any alteration will either
be major or minor. Where an alteration is minor, we will, if practicable advise
you before departure, but we are not obliged to do so or to pay you compensation.
A minor alteration is any alteration apart from a major alteration as defined
below. When an alteration is a major alteration (and a major alteration is
an alteration which involves a change to accommodation of a lower rating, or
a change of activity for the duration of your holiday for reasons other than
those out of our control such as weather) we will advise you as soon as is
reasonably possible. You will then have the choice of accepting the alteration,
taking an alternative holiday (where this is of a lower price we will refund
the difference), or with drawing from the contract and accepting a full refund
of all monies paid.
Where after departure a significant proportion of the services contracted
for is or cannot be provided, you will have the choice of returning to
your point of departure and receiving a pro rata refund for the cost of
the remainder of your holiday, or accepting alternative arrangements. Ê
Cancellation by the Company
We reserve the right in any circumstances to cancel your holiday. If we have
to cancel your holiday, you will have the choice of taking an alternative holiday
if we are able to offer one (and where this is of a lower price we will refund
the difference), or withdrawing from the contract and accepting a full refund
of all monies paid. In addition in appropriate cases, and where such cancellation
is not due to force majeure as defined below, we will pay you compensation
that is reasonable taking into account all the circumstances. Force majeure
is any unusual and unforeseeable circumstance beyond our control, the consequences
of which neither we nor our suppliers could avoid, examples of which are war,
threat of war, riots, civil strike, terrorist attack, industrial disputes,
natural or nuclear disaster, fire or adverse weather conditions, level of water
in rivers, or other similar events beyond our control.
Transfer of Bookings
You may transfer your booking up to 14 days before departure by transferring
it to another person if you are unavoidably prevented from travelling and the
transferee meets any conditions which may apply to the holiday. The right to
transfer is subject to the payment of any additional charges of whatever sort
imposed by the suppliers providing the component parts of the holiday.
Surcharges
We will not impose any surcharges on the price of your booking less than
30 days before departure. In addition, if surcharges become necessary before
that time, we will absorb an amount of up to 2% of the total holiday price
(excluding any amendment charges). Surcharges may be imposed to cover increases
in transportation costs, including the cost of fuel, dues, taxes or fees
chargeable for services. Where a surcharge is payable there will be an
administration fee of £1
per person. If this means paying more than 10% of the original holiday
price, you will be entitled to cancel with a full refund of any monies
paid to us except for any premium paid for insurance and amendment charges.
Should you decide to cancel for this reason, you must exercise your right
to do so within 14 days of the date of our invoice confirming the surcharge.
Our Liability
1. Our obligations and those of any suppliers providing any service or facility
involved in the holiday you book with us are to provide services and facilities
with reasonable care and skill.
2. Where you do not suffer death or personal injury we accept liability should
any part of your holiday booked with us not be as described by us and not be
of a reasonable standard, and, subject to (4), (5) and (6) below, will pay
you compensation of an amount which could be reasonably expected, taking into
account all the relevant circumstances. Any sums received by you from suppliers
will be deducted from any sum paid to you as compensation by us.
3. Where you suffer death or personal injury as a result of an activity forming
part of you holiday booked with us before departure, we accept responsibility
as subject to (4)(5) and (6) below.
4. We accept liability in accordance with (2) and (3) above and subject to
(5) and (6) below except where the cause of the failure in holiday arrangements
forming part of your holiday or any death or personal injury you may suffer
is not due to any fault on our part or that of our servants, agents or suppliers,
and is your own fault, or the actions of someone unconnected with the holiday
arrangements forming part of your package or due to unusual or unforeseeable
circumstances or events which neither we, nor our servants, agents or suppliers
could have anticipated or avoided even with the exercise of all due care.
5. Where a claim (whether for personal injury or non personal injury) arises
out of loss or damage suffered during the course of air travel, road travel
or hotel accommodation, the amount of compensation you will receive will be
limited in accordance with the provisions of any relevant international conventions,
namely the Warsaw Convention 1929 (as amended by the Hague protocol) the Berne
Convention 1961, and the Paris Convention 1962. Copies of these conventions
are available for inspection at our offices.
6. It should be noted that our acceptance of liability in (2), (3) and (5)
above is conditional upon you assigning any rights that you may have against
any of our servants, agents or suppliers which is in any way responsible for
the failure of the holiday arrangements forming part of your package or any
death or personal injury you may suffer. Finally, it is a condition precedent
of such acceptance of liability that you follow the procedures for the notification
of complaints set out in the clause below entitled ''Clients' Dissatisfaction
with the Holiday''.
7. Other than as set out above, and as is detailed elsewhere in these booking
conditions, we shall have no legal liability whatsoever to you for any loss,
damage, personal injury or death which you suffered directly or indirectly
from any aspect of any holiday arrangements booked with us.
Booking and Payment
Reservations can be made over the telephone, by post or by email and are confirmed
only upon receipt of the full payment. A deposit of 20% is required at the
time of booking. Upon receipt of your booking by telephone, post or email we
will send by email, post or fax a confirmation letter and invoice and it is
at this time that a valid contract comes into existence between us. The balance
of the monies payable by the customer must be paid at least 30 days before
departure or upon receiving the confirmation invoice if this is less than 30
days before departure. If the company does not receive the balance within this
time, we reserve the right to cancel the booking without further reference
to the customer and any deposit paid shall be forfeited. Payment may be made
by cheque or cash. Cheques should be made to Wavehunters UK Ltd. If you have
any special requests these should be indicated on your booking form. We will
notify the relevant supplier of your request, every effort will be made to
meet it, but this cannot be guaranteed, nor will we accept any liability if
such requests are not met. If you wish to change any detail of your booking
we will do our best to help, but any change will of course, be subject to availability.
Please note that if the customer amends a booking in any way any consequential
amendment charges imposed by suppliers will be payable by the customer.
Cancellation by the Client
You, or any member of your party, may cancel your holiday at any time providing
the cancellation is communicated to us in writing. As this incurs administrative
charges we will retain your deposit and in addition may apply cancellation
charges up to the maximum shown as follows:
49 days or more Deposit only
30-49 days 50% of total cost
21 - 30 days 70% of total cost
20 days or fewer 100% of total cost
Note: If the reason for cancellation is covered under the terms of an insurance
policy you may be able to reclaim these charges.
Clients' Dissatisfaction with the Holiday
In the unlikely event that a Wavehunters UK Ltd holiday is not up to the
standard as outlined on our web site a complaint should be made immediately
and during the course of the holiday to a Wavehunters UK Ltd representative.
In addition if it is not possible to resolve the matter, a complaint should
be made to the company. If by the end of your holiday it has not been possible
to resolve the complaint to your satisfaction, you must notify the company
in writing within 28 days of your return. Failure to do this may reduce or
extinguish any rights you may have to claim compensation from Wavehunters UK
Ltd or any of its suppliers.
Client Protection
All monies paid to the Company will enter a trust account, which is supervised
by an independent trustee. Your funds are held in this account and may not
be released until you have returned from your holiday. In the unlikely event
of the company becoming insolvent, your payment is protected by the company's
trust account, so your peace of mind is guaranteed. This means that your money
will be refunded in the event of our insolvency.
Website Description
We reserve the right to change any of the prices, services or other particulars
contained on the company web site before we enter into a contract with you.
If there is any change, we will advise you before we enter into such a contract.
Please note that photographs used on the website and in promotional material
are only used as examples and actual experiences may differ.
Client's Responsibility for Accommodation Each person making a booking shall
indemnify the company against all actions, loss, damages and costs whatsoever,
in consequence of any claim by any person arising out of any act or default
on the part of the client from the date of departure to the time of the said
person's return. The company reserves the right to deal with or settle any
such claims as they in their absolute discretion think fit. The company takes
no responsibility for your personal belongings, money or travellers cheques,
either inside or outside the accommodation. By entering into an agreement with
Wavehunters UK Ltd the client agrees to abide by the house rules of the accommodation
in which they stay and/or the safety/behaviour rules of activity suppliers.
Wavehunters UK Ltd will supply a copy of all supplier rules with the confirmation
letter.
Misbehaviour
We reserve the right in our absolute discretion to terminate without notice
the holiday arrangements of any client whose behaviour is such that it is likely,
in our opinion, or that of our other agents or suppliers, to cause distress,
damage, danger or annoyance to other customers, property or any other third
party. Under such circumstances we will be under no obligation whatsoever to
offer any refund, pay any compensation, or cover any costs you may incur. Under
no circumstances are you entitled to sub-let your accommodation to anyone other
than those listed on your confirmation letter.
Activities
All the activities supplied by Wavehunters UK Ltd suppliers carry with them
a degree of risk both to people and property, even though enjoyed under proper
supervision by qualified instructors. They are also strenuous activities that
require those taking part to have a reasonable standard of health and fitness.
All clients must make us aware of any medical conditions, illnesses or allergies
they may have and any prescribed medication they are taking at the time of
booking. No-one should participate in any activity if they are suffering from
a heart condition or are pregnant. Clients taking part in water sports must
be able to swim at least 50 metres. No client should in any circumstances take
part in an activity while under the influence of any alcohol, drugs or medication,
which may adversely affect their physical abilities.
All clients must agree to abide by all instruction and all decisions that Wavehunters
UK Ltd's activity supplier's staff and instructors make, in order to secure
the safety and comfort of all participants. Clients will have the use of supplier's
equipment during their stay, and are responsible for immediately reporting
any damage caused to the equipment, or which becomes apparent whilst the equipment
is in their possession.
Suppliers' Conditions
Suppliers will often have their own booking conditions or conditions of carriage,
and you will be bound by those as far as the relevant supplier is concerned.
Some of these conditions may limit or exclude liability on the part of the
relevant supplier, or give the supplier the right to alter or cancel arrangements
without penalty. Where relevant, copies of such conditions will be available
for inspection at our offices, or at the offices of the relevant supplier.
Delays
In the event of any delay at your outward or homeward point of departure
Wavehunters UK Ltd may provide refreshments. We regret that Wavehunters UK
Ltd is unable to make any further arrangements.
Law and Jurisdiction
The contract is governed by English Law with any action arising out of
it being subject to the exclusive jurisdiction of the courts of England and
Wales.
