Outer Reef Surf Travel
Terms and Conditions
Before you book anything through Outer Reef Surf Travel, you will need to make sure you read and agree with our Terms and Conditions. Basically it’s all the legal stuff to make sure you know what you’re signing on for, what your rights are and how we work as a company.
THE CUSTOMER’S ATTENTION IS DRAWN IN PARTICULAR TO THE PROVISIONS OF CLAUSES 7, 8, 10 AND 11.
By purchasing any of the packages offered on the Outer Reef Surf Travel website, you agree to be bound by the terms and conditions below:
1.1 Definitions. In these Conditions, the following definitions apply:
- Business Day: A day (other than a Saturday, Sunday or public holiday) when banks in London are open for business.
- Conditions:the terms and conditions set out in this document as amended from time to time in accordance with clause 11.6.
- Contract:the contract between the Retailer and the Customer for the sale and purchase of the Goods in accordance with these Conditions.
- Customer:the person or firm who purchases the Goods from the Retailer.
- Force Majeure Event:has the meaning given in clause 10.
- Goods and Services: the goods and services (or any part of them) set out in the Order.
- Order:the Customer’s order for the Goods, as set out in the Customer’s purchase order form completed on the Website.
- Organiser:has the same meaning as under the Package Travel, Package Holidays and Package Tours Regulations 1992 and in these Conditions means the ultimate provider of the Goods.
- Retailer: Means Outer Reef Surf Travel a company registered in England and Wales.
- Retailer’s Services: means the Retailer’s obligations as set out in clause 3.
- Website: outerreefsurftravel.com
1.2 Construction. In these Conditions, the following rules apply:
- (a) A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
- (b) A reference to a party includes its personal representatives, successors or permitted assigns.
- (c) A reference to a statute or statutory provision is a reference to such statute or provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.
- (d) Any phrase introduced by the terms including,include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.
- (e) A reference to writingor written includes faxes and e-mails.
- Basis of contract
2.1 These Conditions apply to the Contract to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
2.2 The Order constitutes an offer by the Customer to purchase the Goods and Services in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order are complete and accurate.
2.3 The Order shall only be deemed to be accepted when the Retailer issues a written acceptance of the Order, at which point the Contract shall come into existence.
2.4 The Contract constitutes the entire agreement between the parties. The Customer acknowledges that it has not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of the Retailer which is not set out in the Contract.
- Goods and services
3.1 The Goods and Services are described on the Website. The Retailer is acting as agent for the Organiser, and on acceptance of an Order will provide the Retailer’s Services.
3.2 The Retailer’s Services are:
- (a) To contact the Organiser to arrange for the Goods and Services to be provided to the Customer;
- (b) To provide to the Organiser the Customer’s details to enable the Organiser to provide the Goods and Services to the Customer.
3.3 The Organiser may provide its own set of terms and conditions relating to the provision of the Goods and Services and the Customer is advised to ensure they are happy with these additional terms. A copy of the terms and conditions of any Organiser will be provided by the Retailer on request.
3.4 The Retailer reserves the right to amend the specification of the Goods and Services where the Organiser informs the Retailer of any change or if required by any applicable statutory or regulatory requirements.
4.1 Delivery/Completion of the Retailer’s Services shall be when the Retailer has contacted the Organiser pursuant to clause 3 above. Delivery/Completion shall be within 48 hours of acceptance of the Order but time is not of the essence.
4.2 The Retailer shall not be liable for any delay in delivery/completion of the Retailer’s Services that is caused by:
- (a) a Force Majeure Event;
- (b) the Customer’s failure to provide the Retailer with adequate instructions or any other instructions that are relevant to the supply of the Goods; or
- (c) the Organiser’s failure to respond to the Retailer or the Customer in a timely manner.
- Right to Cancel
5.1 The Customer shall not be able to cancel the Contract under the Consumer Protection (Distance Selling Regulations) 2000 once the performance of the Services has begun. For the avoidance of doubt, the performance of the Services has begun when the Retailer accepts an Order made by the Customer.
6.1 The Retailer makes no warranty in relation to any of the Goods and Services provided by the Organiser. Price, payment and deposit
7.1 The price of the Goods shall be the price set out in the Order, or, if no price is quoted, the price set out in the Retailer’s published price list in force as at the date of delivery.
7.2 The Customer shall pay a deposit to secure a booking of the Goods and Services on such terms as shall be set out on the Website. If the Customer fails to pay the full price by the date indicated by the Organiser or the Retailer, the Customer will forfeit the deposit monies.
7.3 The price of the Goods is subject to any increase that is due to:
- (a) any factor beyond the Retailer’s control (including foreign exchange fluctuations, increases in taxes and duties, increases in labour, materials and other manufacturing costs);
- (b) any request by the Customer to change the delivery date (s), quantities or types of Goods ordered, or the Specification; or
- (c) any delay caused by any instructions of the Customer or failure of the Customer to give the Retailer adequate or accurate information or instructions.
7.4 The price of the Goods is inclusive of amounts in respect of value added tax (VAT).
7.5 Payment is to be made immediately on the Website, but if the Customer fails to make payment due to the Retailer under the Contract for any reason, then the Customer shall pay interest on the overdue amount at the rate of 4% per annum above Barclays Bank Plc’s base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. The Customer shall pay the interest together with the overdue amount.
7.6 The Customer shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). The Retailer may at any time, without limiting any other rights or remedies it may have, set off any amount owing to it by the Customer against any amount payable by the Retailer to the Customer.
8.1 Any deposit paid is not refundable unless an event in clause 13 occurs, excluding any COVID-19 events.
8.2 The payment of deposits may also be subject to additional restrictions or conditions required by the Organiser. The Retailer will inform the Customer before contracting of any such restrictions by means of a notice on the Website.
8.3 Any cancellation by the customer is subject to a 20% cancellation fee. In addition, if a Service Provider charges us for the cancelled travel you must also pay us the amount that we are charged on your behalf by the Service Provider. It is therefore possible your cancellation fees could be up to 100% of the cost of the booking, regardless of whether travel has commenced (for example cancellations made within 24hrs of travel). These can be found on the Suppliers website or you can ask The Retailer for the full information at any point in the booking process.
8.4 In the event of a refund, the Customer is responsible for any any banking fees and/or costs required to complete the refund and all credit/debit card fees are non refundable
8.5 Following the COVID Pandemic, many trips are now non-refundable due, however date changes are now being offered free of charge if your trip is delayed or cancelled due to border restrictions. Please confirm with The Retailer on the most up to date conditions for your course or trip.
9.1 The Customer agrees that:
- (a) Where travel insurance is a compulsory requirement of using the Goods and Services supplied by the Organiser, he/she is solely responsible for obtaining adequate insurance and the Retailer shall not be liable for any refusal to offer the Goods and Services by the Organiser due to failure to obtain adequate insurance; and
- (b) In all other cases, the Retailer strongly recommends that the Customer obtains their own travel insurance before using the Goods and Services. This includes cover relating to COVID-19 circumstances and any increases in costs you may incur should your trip be postponed or canceled. It is the Customers responsibility to ensure that they are adequately insured for the full duration of travel in respect of cancellation, illness, injury, death, loss of baggage and personal items, and cancellation and curtailment.
10.1 If the Customer becomes subject to any of the events listed in clause 8.2, or the Retailer reasonably believes that the Customer is about to become subject to any of them and notifies the Customer accordingly, then, without limiting any other right or remedy available to the Retailer, the Retailer may cancel or suspend all further deliveries under the Contract or under any other contract between the Customer and the Retailer without incurring any liability to the Customer, and all outstanding sums in respect of Goods delivered to the Customer shall become immediately due.
10.2 For the purposes of clause 8.1, the relevant events are:
- (a) the Customer suspends, or threatens to suspend, payment of its debts, or is unable to pay its debts as they fall due or admits inability to pay its debts, or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986, or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986, or (being a partnership) has any partner to whom any of the foregoing apply;
- (b) the Customer commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;
- (c) (being a company) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the Customer, other than for the sole purpose of a scheme for a solvent amalgamation of the Customer with one or more other companies or the solvent reconstruction of the Customer;
- (d) (being an individual) the Customer is the subject of a bankruptcy petition or order;
- (e) a creditor or encumbrancer of the Customer attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
- (f)(being a company) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the Customer;
- (g) (being a company) the holder of a qualifying charge over the Customer’s assets has become entitled to appoint or has appointed an administrative receiver;
- (h) a person becomes entitled to appoint a receiver over the Customer’s assets or a receiver is appointed over the Customer’s assets;
- (i) any event occurs, or proceeding is taken, with respect to the Customer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 8.2(a)to clause 8.2(h) (inclusive);
- (j) the Customer suspends, threatens to suspends, ceases or threatens to cease to carry on all or a substantial part of its business;
- (k) the Customer’s financial position deteriorates to such an extent that in the Retailer’s opinion the Customer’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; and
- (l) (being an individual) the Customer dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his or her own affairs or becomes a patient under any mental health legislation.
10.3 Termination of the Contract, however arising, shall not affect any of the parties’ rights and remedies that have accrued as at termination. Clauses which expressly or by implication survive termination of the Contract shall continue in full force and effect.
- Limitation of liability
1.1 Nothing in these Conditions shall limit or exclude the Retailer’s liability for:
- (a) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable);
- (b) fraud or fraudulent misrepresentation;
- (c) breach of the terms implied by section 12 of the Sale of Goods Act 1979;
- (d) defective products under the Consumer Protection Act 1987; or
- (e) any matter in respect of which it would be unlawful for the Retailer to exclude or restrict liability.
11.2 Subject to clause 9.1:
- (a) the Retailer shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with the Contract;
- (b) the Customer acknowledges that the Retailer is acting as agent for the Organiser and is not responsible for delivering the Goods and Services. The Customer acknowledges and agrees that the Organiser is responsible for delivering the Goods and Services and the Retailer’s liability is restricted to the Retailer’s Services.
12.1 The Customer acknowledges and agrees that in addition to clause 10 above, any activity booked as part of the Goods and Services may be dangerous and accepts this risk and participates in any dangerous activity entirely at his/her own risk. The Customer agrees that he/she will not hold the Retailer or any of its employees, directors are partners liable for any loss, damages including (without any limitation) damages for personal injury or death
- Force majeure
13.1 Neither party shall be liable for any failure or delay in performing its obligations under the Contract to the extent that such failure or delay is caused by a Force Majeure Event. A Force Majeure Event means any event beyond a party’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party’s), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of Retailers or subcontractors.
13.2 For those unable to travel due to covid-19 the following applies:
- Free date changes (where offered by The Supplier)
- A cancellation invoice – for you to claim off your travel insurance
- Website terms
14.1 By using the Website, you acknowledge that all Intellectual Property rights in the Website are solely owned by the Retailer.
14.2 The information on the Website may not be reproduced, distributed or transmitted without the express written permission of the Retailer.
14.4 The Customer expressly agrees that the Retailer may use any image or likeness of the Customer taken whilst using the Goods and Services and provided to the Retailer for the purposes of any marketing materials of the Retailer. The Customer agrees to waive any rights to any of these images or likenesses.
15.1 Assignment and other dealings.
- (a) The Retailer may at any time assign, transfer, mortgage, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the Contract.
- (b) The Customer may not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights or obligations under the Contract without the prior written consent of the Retailer.
- (a) Any notice or other communication given to a party under or in connection with the Contract shall be in writing, addressed to that party at its registered office (if it is a company) or its principal place of business (in any other case) or such other address as that party may have specified to the other party in writing in accordance with this clause, and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, commercial courier, fax or e-mail.
- (b) A notice or other communication shall be deemed to have been received: if delivered personally, when left at the address referred to in clause 11.2(a); if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed; or, if sent by by fax or e-mail, one Business Day after transmission.
- (c) The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
- (a) If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract.
- (b) If any provision or part-provision of this Contract is invalid, illegal or unenforceable, the parties shall negotiate in good faith to amend such provision so that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the intended commercial result of the original provision.
15.4 Waiver. A waiver of any right or remedy under the Contract or law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
15.5 Third party rights. A person who is not a party to the Contract shall not have any rights to enforce its terms.
15.6 Variation. Except as set out in these Conditions, no variation of the Contract, including the introduction of any additional terms and conditions, shall be effective unless it is in writing and signed by the Retailer.
15.7 Governing law. The Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the law of England and Wales.
15.8 Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Contract or its subject matter or formation (including non-contractual disputes or claims).
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