Epic Zen Peniche Terms and Conditions
REGISTRATION AND ADVANCE PAYMENT:
The registration becomes effective when the booking form is received by the organizer, here in after also called Epic Zen Peniche. Applicants under 18 need to provide a permission from their parents.
After you have sent us the booking form you will receive a confirmation email. At the same time an advance payment to the amount of 30% is to be transferred. An entitlement to participate does not arise until the money has been received. The participant subsequently receives a confirmation of registration, directions as well as tips on preparing for the retreat and on holiday equipment. The remaining amount is to be paid to our account at the latest 30 days before the course begins. If the time available for registration amounts to less than four weeks, the full amount is to be paid with registration. The complete documents will be delivered immediately. All money transfers must state the name of the participant and the relevant retreat number.
TERMS OF PARTICIPATION / LEGAL OBLIGATION OF SUPERVISION
The participant expressly declares that there are no medical objections to his/her participating in surfing and yoga practice. The organizer does not assume any legal obligation to supervise minor participants, with the exception of his existing statutory duty to maintain safety.
Participation in the course, the journey to the course, the utilization of the services named as well as the stay lie in the participant’s own responsibility. The organizer is not liable for dangers inevitably linked with surfing and yoga practice and that are knowingly accepted by the participant, nor for such damage or injury caused to the participant during sports though the fault of other course participants or third parties. Any liability for loss and damage to the property of the participant on the part of the organizer is excluded. The equipment is to be handled properly. In the case of grossly negligent damage and loss the participant is liable for the resultant damage.
LIMITATION OF LIABILITY:
The contractual liability of the organizer for damage is limited to threefold of the course price; in as far as damage to the participant was caused neither with intent nor grossly negligently. Epic Zen Peniche is insured against liability in accordance with Portuguese law.
CANCELLATION AND RESCISSION BY Epic Zen Peniche:
In the following cases the organizer can rescind the contract before commencement of the course or cancel the contract after the event has started: Without a time limit: If the participant lastingly disturbs the realization of the retreat despite having received a warning from Epic Zen Peniche or if the participant behaves in such a degree contrary to the contract that immediate cancelation of the contract is justified. If the organizer cancels the contract, he remains entitled to the course price.
CANCELLATION / RESCISSION BY THE PARTICIPANT:
The participant can withdraw from the retreat at any time by means of a written declaration. The arrival of the declaration of withdrawal at Epic Zen Peniche is decisive. If the participant rescinds the contract or does not start the journey, Epic Zen Peniche can demand reimbursement of expenses from the full amount in accordance with the following flat rate cancellation fee per registered participant: Up to 30 days before the course beginning 30%, afterwards and in case of no show 100%. The organizer retains entitlement to the retreat price also for the case of responsible bodily harm of the participant occurring. Once your retreat has commenced there will be no refund or part refund from Epic Zen Peniche in the event of cancellation by the participant.
ALTERNATIVE PARTICIPATION / REBOOKING: Until the retreat begins the participant can demand that a third party take over the rights and duties from the course contract in his/her stead. In this case an amount of EURO 25 for changing the retreat documents is to be paid by the participant per rebooking to a third party. The organizer can reject the taking over by the third party if the person does not fulfill the special course requirements or if statutory regulations contradict his/her participation. If a third party takes over the contract, the third party and the original participant are liable towards the organizer as joint debtors for the course price and the additional costs caused by the third party taking over. If rebooking is carried out at the wish of the participant, a fee of EURO 25 per participant is to be paid.
Travel cancellation insurance is not included in the price. It is advisable to conclude one. In addition, the conclusion of an insurance package is advisable.
MINIMUM NUMBER OF PARTICIPANTS:
There is a minimum number of 2 participants.
CHANGE IN THE COURSE OF THE EVENT:
Changes in the retreat of the event cannot be excluded. The retreat program can be changed and an alternative program offered in particular in the case of dangers resulting from the weather.
The participant declares his/her agreement that the organizer can render a service free of faults or amend the faulty service within an appropriate period in lieu of the participant’s entitlement to exhibitory action or price reduction. Redress can be affected in the manner that the fault is eliminated or that an equivalent or higher-quality service to which the participant also expressly agrees is rendered. Notice of fault is to be given on site to the local tour representative. Epic Zen Peniche can refuse redress if it requires an unreasonable effort or costs. In case of defaults in performance occurring, the participant is obliged to cooperate within the framework of the legal requirements to avoid any damage or reduce it. The participant is obliged in particular to inform the local tour representative immediately of his/her complaint. The representative is authorized to redress in as far as this is possible.
EXCLUSION OF CLAIMS / LIMITATION PERIOD
Claims based on faulty course performances, subsequent impossibility and due to breach of secondary obligations have to be asserted against the organizer within one month after the contractual termination of the course. After the deadline has expired, claims can only be asserted if the participant was not able to observe the specified deadline through no fault of his/her own. The participant’s claims are limited to a period of one year after the contractually specified end of course.
If any individual clause or clauses is/are null and void, the validity of the course contract or the remaining clauses of this document (“The small print”) remains unaffected.
PLACE OF JURISDICTION:
Place of jurisdiction is Peniche/Portugal.