Step 5: Legal Advise (Click here and please read the text)
1. Registration and payment
With this registration, I offer conclusion of a contract between me and Martin Zawilla regarding surf lessons. Modification in the registration form and additional agreements are invalid, unless they are confirmed in writing by Martin Zawilla.
Afterwards I will receive a confirmation of course registration via email.
When I get this confirmation the contract between me and Martin Zawilla will be concluded and at the latest within 3 days I will transfer the amount for the surf course indicated above (and if I book an accommodation also a down payment of 40% for the accommodation) into the account of Martin Zawilla. In case of a booking between 1 and 7 days before beginning of courses I will transfer the amount immediately after the reception of my booking confirmation.
2. Scope of services
Scope of services is due to the current brochure or to information available at surfnsoul.com on the date of registration. All information will be according to the current state when printing or data file creation. Putting on and taking off the wetsuit and the transport of the surfboard from the parking to the beach and vice versa form part of the surf course timetable. Using own equipment will not reduce charges.
3. Risks of outdoor sports and danger caused by weather conditions
As surfing is dependent on nature to a great extent, in case of wave shortage or danger caused by weather conditions, it may be necessary to give surf lessons on the beach or even to omit them. Martin Zawilla will try to catch up on the omitted lessons as far as the time frame will allow. However, there is no contractual claim to this.
I am aware that surfing due to variability of waves, sea currents and tides as well as the collision risk entails special risks. Therefore, I am bound to follow instructions of the course instructor.
4. Obligation to co-operate
In case of impairment of the service provided, I have the obligation to do everything reasonable within my ability to contribute my part to solve the problem and loss minimization. Safety and availability of the surfboards are ensured through periodical checks by Martin Zawilla. Nevertheless, I am obligated to check my surfboard before each use. On behalf of all parties I am bound to report any damages regardless whether it was caused by me or not.
Martin Zawilla is liable for assiduous preparation of the surf course, accurate choice and control of the subcontracted services, accuracy of course announcements and the careful execution of periodic reviews of surfboards as contracted. Liability of personal injury will only be assumed by Martin Zawilla in case of intention or negligence. Liability of property and consequential damage will only be assumed by Martin Zawilla in case of intention or gross negligence. As far as there is no contradictory legal obligation, liability regardless of cause will be limited to a single course fee.
For injury or damages to third-party, in case of default on my part, I will be liable myself. I will compensate for loss or damage of the provided equipment. In the case that availability of the surf equipment is not ensured, due to failure to adhere to the surf instructor’s instructions or intentional behavior on my part, I will have no right to claim for neither recover nor compensation of time lost.
Martin Zawilla will not assume any responsibility for personal items.
Martin Zawilla is not responsible under any circumstances for any direct or indirect damage that may be suffered by the participants in the organized activities derived from
- Any nature directly or indirectly arising from or contributing to coronavirus disease (COVID-19), severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), or any mutation or variation thereof.
- Any fear or threat (whether real or perceived) of; or
- Any measures taken to control, prevent, suppress, or otherwise relate to any outbreak of; coronavirus disease (COVID-19), severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2), or any mutation or variation thereof.
Until the start of the course I may demand replacement of my contractual rights and duties by another individual. This will be charged to the amount of 25 €. Martin Zawilla is entitled to object if the replacement does not meet the particular requirements for surf lessons or if legal obligations or official orders are opposing participation.
7. Cancellation of the contract
a) If I am unable to attend my surf course for compelling reasons, I have the option of making up my surf course at a later date in the same or the following year. If this is definitely out of the question for me, the following paragraphs b) and c) apply.
b) If it can be proven that my participation in the surf course is not possible due to a mandatory official order related to the corona virus and I cancel my participation up to 24 hours before the start of the course, I will receive a 100% refund of my course fee.
c) In all other cases, the following applies: Cancellation of the contract is possible at any time and must be made in writing. The date of receipt of the cancellation by Martin Zawilla is decisive. In the event of withdrawal 7 days before the start of the course or earlier, 40% of the course fee paid will be retained if no substitute person is provided. If the cancellation is made 6 days before the start of the course or later, 90% of the course fee will be retained if no substitute person is provided.
8. Withdrawal by Martin Zawilla
a) Withdrawal by Martin Zawilla from the contract for the giving of surf lessons is possible at any time and without observance of deadlines in the event of health problems on the part of Martin Zawilla, in the event of loss of the official licence to operate a surf school in San Vicente de la Barquera, for other compelling reasons or if the minimum number of participants of 3 in the small group courses is not reached. The course fee will then be refunded immediately. I have no further claims.
b) With immediate effect, if a participant does not meet his payment or contractual obligation. In this case no charges will be repaid.
c) Participants who disturb courses continuously or endanger themselves and others intentionally, can be excluded from further participation without payback of charges.
As a free service for his clients, Martin Zawilla offers the translation of their booking into Spanish as well as the forwarding of the booking and deposit to the desired accommodation. Martin Zawilla does not receive any commission from the respective accommodation operator for this service
My contractual partner regarding the accommodation is in any case the respective operator of the accommodation. Cancellation of the contract for surf lessons by me or by Martin Zawilla does not include or result in the cancellation of any accommodation booked by me. Should I wish to cancel an accommodation booked by me after a withdrawal from the contract for giving surf lessons, the withdrawal conditions of the respective operator of the accommodation apply.
When booking accommodation, the following applies to the contractual relationship between me and the respective operator of the accommodation:
a) If my presence in the booked accommodation is not possible due to an official order demonstrably related to the coronavirus, I will be refunded the deposit I have paid by the accommodation operator, provided that I cancel the accommodation 15 days before arrival or earlier.
b) In all other cases, the deposit paid will be retained in the event of cancellation of the booked accommodation.
Martin Zawilla has advised me of the storage of my personal data - in accordance with article 5 of the “Ley Orgánica 15/1999 de 13 de diciembre” about the protection of personal data - in a data base of Martin Zawilla, Barrio Gerra 1, E-39547 Los Llaos (San Vicente de la Barquera). All data asked in this booking form are required for execution of this contract, except for the information “How I did learn about surfnsoul.com?”, which is asked for statistic use. My personal data will be protected within the limits of technical possibility and statutory provisions and only will be passed to a third party if this is required for execution or billing of this contract, or if I have agreed to it before. At any time through writing a letter to the above-named address can I demand information about my personal stored data, rectify or delete my personal stored data and I can disagree completely or partially with the use of my personal data. Learn more ...
11. Image utilization
I agree that I am photographed and filmed during the surf course, and that Martin Zawilla may use this image material as part of the marketing of surfnsoul.com. Martin Zawilla also points out that journalists may accompany the surf course for recordings and reports. I can object to the image utilization by writing to Martin Zawilla, Barrio Gerra 1, E-39547 Los Llaos (San Vicente de la Barquera).
12. Invalidity of individual provisions
Invalidity of individual provisions does not entail invalidity of the entire contract. The contracting parties commit to replacing a potentially invalid clause - where applicable - by a provision according to presumptive wishes.