With this registration the customer agrees to a binding travel contract with the tour operator. The registration can be completed in written or electronic form. The person filling out the registration form also completes the registration process for all listed additional participants and agrees to the contractual obligations for all participants including himself/herself, provided that he/she accepted a separate obligation by providing an explicit and separate statement. The travel contract is completed when accepted by the tour operator. The acceptance does not have to follow a specific format. The tour operator will provide a written travel confirmation to the customer during, or latest at the time of signing of the contract. However, the tour operator is not obligated to do so if the registration occurs less than 7 business days before start of travel.
The extent of services provided is explicitly stated in the travel confirmation under consideration of the advertisement on the internet page and in the pamphlet. However, the tour operator explicitly reserves the right to explain changes to the statements in the pamphlet before signing of contract due to factual and justified reasons and due to significant and unforeseen reasons. Changes or deviations of individual travel services from the agreed upon content of the travel contract which become necessary after signing of contract and that are not in breach of good faith by the tour operator are only allowed if the changes and deviations are not substantial enough to affect the overall layout of the booked trip. Potential warranty claims are unaffected as long as the changed services are afflicted with flaws. The tour operator is obligated to inform the customer about significant changes in service immediately after finding out about the reason of the change.
The participant explicitly states that there are no medical conditions preventing participation in the offered sports activities. The tour operator will not take legal responsibility for underage participants, except for his legally existing duties to maintain safety.
When renting out sports equipment, the tour operator is entitled to refuse the handing over of sports equipment to renters who do not have the necessary qualifications. Should the lack of qualifications of the renter regarding the safe handling of the sports equipment become apparent after handing over the equipment (lack of control of the surfboard, kite surfing materials, bikes, violation of yield- and driving rules, putting others in danger, etc.), or if he/she does not follow set regulations, the tour operator can cancel the contract and keep the rental fees. The renter is responsible for the timely return of all equipment. Weather conditions are to be considered and do not provide a reason for late returns. The renter is responsible for all damages and expenses that occur due to late returns. Additionally, the renter is liable as joint debtor for all obligations stated in the rental contract. The renter is also responsible for for faults of joint users. The tour operator can ask for a down-payment in cash at the beginning of the rental period. In the case of damages, the tour operator is entitled to use the amount of the down-payment for insurance costs, as well as damages and losses that are not covered by liability insurance and that are not covered by normal wear and tear. The down-payment is to be returned to the renter after safe return of the equipment.
Regular inspections guarantee the safety and availability of the sports equipment. However, the renter/participant is still responsible to check the sports equipment before each use. In the interest of all involved, each participant/renter is required to immediately report damages. Should the availability of the sports equipment not be guaranteed due to violation of instructions from the instructor, or due to careless and even deliberate behavior of the participant/renter, there is no claim for compensation for damages on behalf of the renter because of lost time for repairs.
The customer is able to cancel the trip anytime before start of the trip. Submitting the advice of cancellation with the tour operator is essential, and it is recommended to submit it in writing in case of need of proof. The cancellation takes effect starting from the day the tour operator receives it. Should the customer cancel the travel contract, or should he/she not end up travelling, the tour operator can claim a refund for already incurred costs for travel preparations. Saved expenditures and possible other use of travel arrangements are to be considered when calculating the reimbursement. The tour operator can calculate this reimbursement by considering the following outline accordingly from the time of the cancellation to the contracted start of travel in a percentage ratio of the travel price:
- up to the 30th day before start of travel 20%, from the 29th to the 15th day before start of travel 50%, from the 14th to the 8th day before start of travel 80%, from the 7th day to the day of start of travel 90%, after and not showing up for travel 100% of travel costs.
Up to the start of travel, the person travelling can request to have a third party take over the rights and responsibilities from his/her travel contract by paying 30 Euros. The tour operator has the right to decline the entering of the third party based on important reasons. Should a third party enter the contract, the person travelling and the member of the third party are joint debtors towards ElementFish for the cost of travel and the additional costs incurred by adding a third party.
A change in booking will be taken into consideration, if possible, and will cost 30 Euros and will be treated as a fee-based cancellation from the travel contract and at the same time treated as a new registration. There is no entitlement to change a booking.
Notwithstanding, the customer has the right to prove to the tour operator that no additional damage, or a significant lower damage, occurred than the requested fixed rate. The tour operator reserves the right to ask for a higher, concrete reimbursement deviating from the fixed rate. In this case, the tour operator is required to specifically estimate and prove the amount of the reimbursement based on considering the saved expenditures and the possible other use of the travel service.
We recommend purchasing travel insurance.
Should the customer not take advantage of individual travel services offered to him/her, regardless of the reasons (e.g. early return departure, or any other compelling reasons), he/she is not entitled to a proportionate refund of the travel cost. The tour operator will try to recover the saved expenditures from the service provider. This obligation will become void if it is a matter of insignificant services or if there are legal or regulatory terms in the way of refund.
ElementFish is entitled to cancel the travel contract or to terminate the travel contract after start of travel in the following cases: The tour operator can terminate the travel contract without abiding to a cancellation period if the customer is still disruptive after receiving a warning letter from ElementFish or from its representatives, or is in violation of the contract. Should the tour operator cancel, he still has the right to claim the travel costs, however, he must credit the value of the saved expenditures as well as the advantages gained from other use of the unclaimed services, including the amounts paid to him by the service providers. The tour operator can cancel the travel contract if there are not enough participants registered as stated in the travel announcement and by keeping the deadline by which the participants need to be informed of the agreements by the contractual agreed upon start of travel in a clear and legible manner. The reason for cancellation should be explained to the customer latest by the fourteenth day before the scheduled start of travel.
Should the trip be hampered, endangered or influenced by an unforeseen higher power at the time of signing of contract, ElementFish as well as the traveler are able to cancel the contract. Should the contract be cancelled, ElementFish is able to request a suitable reimbursement for already completed services or for services to be rendered by the end of the trip. The additional charges for return travel are to be split among both parties. Otherwise, the additional costs are to be paid by the traveler.
ElementFish is liable for the diligent preparation for training courses and events, the careful selection and monitoring of service providers, the accuracy of the course tender and the proper performance of the contractual agreed upon services, as well as the diligent inspections to insure the safe operational readiness of the sports equipment. Participation in course- and recreation offers, arrival, the acceptance of the named services, as well as the stay occurs at one's own responsibility. ElementFish is not liable for service disruptions in connection with services offered from external partners (e.g. flights, sports events, trips, exhibitions, apartments rental etc.). ElementFish liability does not include dangers inevitably connected with the sport- and recreation offer and are willingly accepted by the participants, and also doesn't include damages or injuries incurred upon the participant by other participants or third parties during participation in sport- and recreation offers. ElementFish is not liable for the loss and damage of property from the participant, and does not accept liability claims in case of injury and property damage. The equipment needed for participating in courses is provided free of charge to the participant. The participant is liable for lost or damaged equipment based on its time value or equal value of replacement. The organizer's liability due to contractual compensation claims of the participants is restricted to three times the travel cost for non-physical damages, as long as the participant was not purposefully nor willfully injured or as long as the damage inflicted upon the participant is not solely the responsibility of a service provider.
Should the trip not be completed according to contract, the customer can request remedial action. However, the customer is required to immediately report a travel defect to the tour operator. A discount on the travel cost will not be possible should the customer be guilty of neglecting to report this immediately. This is not valid only in the case of the report not being possible for any other reason. The customer is required to notify the tour manager immediately at the vacation spot of any defects. Should a tour manager not be available at the vacation spot, any travel faults should be immediately relayed back to the tour operator at their headquarters. The customer will be notified about the contact information of the tour manager or the tour operator in the service description or latest in the travel documents. The tour manager is ordered to provide remedial action as much as possible. They are however not authorized to accept claims of customers. Should a customer want to cancel the travel contract due to travel faults according to § 615 c BGB (German Civil Code), § 615 e BGB (German Civil Code), or any other important reason recognized by the tour operator, he/she must notify the tour operator about an appropriate deadline for remedial action. This will not be the case only if a remedial action is not possible or is denied by the tour operator, or if the immediate cancellation of the customer shows a noticeable interest of the customer. The customer needs to inform the tour operator if he/she has not received the necessary travel documents within the time period stated by the tour operator.
Claims against the tour operator due to non-contractual service delivery need to be enforced by the traveler within one month after completion of travel based on contractual agreements. Claims of the traveler expire by limitation within one year, § 651 m BGB (German Civil Code). Should the traveler have argued such claims, the statute of limitation is inhibited until the day that ElementFish rejects the claims.
The traveler is responsible for the compliance of all necessary regulations concerning the trip. Non-German citizens traveling are required to obtain information regarding passport, visa and health regulations from the respective consulate. Should entry regulations into individual countries not be observed by the traveler, or should a visa not be issued in time due to fault of the traveler, ElementFish can charge potential cancellation fees. ElementFish highly recommends purchasing travel insurance covering cancellation fees, potential accidents and illness. Information about these insurances is available upon request.
Services of other organizers stated in the service description are arranged by ElementFish only based on the condition that the travel- and terms of conditions of the external service organizers are in effect. ElementFish is not liable for the service delivery. In this case, a possible liability is governed according to the regulations of this external service organizer, which is to be explicitly explained and made available to the customer upon request.
The participants agree to the possibility of having their pictures taken or being filmed during various activities and sports activities while on the trip, and that this footage can be used by ElementFish in their marketing activities. ElementFish also states, that journalists might take part in the trip to document these activities. In case you do not agree to these terms, you must submit a written objection letter to ElementFish.
The invalidity of individual regulations of the travel contract or the general terms of business does not imply the invalidity of the entire travel contract.
The traveler is only able to file a lawsuit against the organizer at his headquarters. The address of the traveler is necessary for a lawsuit filed against the traveler by the tour operator, unless the lawsuit is filed against fully-qualified traders or individuals who have moved out of country after signing of contract, or if their place of residence is unknown at the time of filing of the lawsuit. In this case, the headquarters of the tour operator is essential. In all other cases the legal regulations are valid. Portuguese law is in effect.