TERMS AND CONDITIONS – World of Waves

 

What is written below can be considered standard for the industry and is set forth in as clear and simple terms as possible. We consider surfing to be far more than a sport. We see it as a lifestyle that embraces freedom rather than rules. However, when two parties enter into a business relationship, set Terms and Conditions must be agreed upon and respected to allow the relationship to run smoothly and in a cooperative manner. Please familiarise yourself with the following Terms and Conditions, as you are agreeing to these bilateral rights and obligations when you reserve and/or book your stay with us.

 

 

Definition

 

References to WOW include its partners, officers, employees, members, servants and/or agents. References to “claims” include any claims for any type of damages, compensation, costs (including legal costs), awards and/or any other form of loss and/or liability. References to “liability” include any liability in contract, for breach of any duty of care, under any legislation and/or under any other legal basis. 

 

Company: World of Waves SARL

 

Customer/ Guest / Client / Participant: you and any other customer part of the group participating in the Activities.

 

Activities: surfing, surf instructions, surf guiding, yoga or any other activities on offer at WOW.

Please read these Terms and Conditions carefully as they apply to any and all commercial relationships between the Company WORLD OF WAVES SARL (“WOW”) and the Customer.

 
 

1. CLOSING CONTRACTS AND MAKING BOOKINGS

 

Closing Contract
All reservation requests must be made in written form through our website www.wow-surfhouse.com or via email. This enables us to track and examine the booking process in case a misunderstanding or miscommunication arises.

 

Your contract is with World of Waves SARL, Villa Tizniti, front de mer, douar Taghazout, Taghazout Morocco. The person signing the booking form must read and accept these Booking Conditions. Once the booking confirmation from WOW is received by the customer, the contract between WOW and said customer becomes in effect. These Terms and Conditions of WOW are implicitly accepted from when the customer sends the booking request. In the case of a group booking the group leader or « lead name » must have the authority to sign on behalf of everyone in the group. The lead name will be responsible for the full cost of the holiday including insurance premiums, cancellations and amendment charges. No booking contract exists between WOW and the client until the booking form has been received. We reserve the right to refuse to accept bookings in our absolute discretion without stating the reason for doing so. Please inform us immediately if there are any discrepancies in the costs or details of your booking.

The booking becomes concrete as soon as payment is received or is explicitly confirmed by WOW in written form. If the customer fails to make the required payment in the allotted timeframe, the booking is simply cancelled.

 

Making Bookings
– Bookings of rooms and Activities are subject to availability.
– Unpaid reservations or those with unconfirmed or un-answered emails responding to inquiries or requests will be cancelled after one week. This provides the company with the time and opportunity to book the room with another customer.
– Bookings, reservations and requests are all subject to prices and conditions at the time of booking, as can be seen on WOW websites.
– All optional details and extras requested by the guest regarding services, such as single vs. double room, surfing lessons, surfboard rental, etc., must be explicitly specified at the time of booking and are considered binding.
– All customers must be at least 18 years old to make a booking unless they have the expressed written consent of their parents.
– Statement of health and physical fitness: by booking, clients confirm they are physically fit and without injuries or physical conditions that may affect or be affected by surfing, activities relating to surfing or yoga. Requirements include a good level of physical fitness and competent swimming skills. If there is any doubt, potential customers should consult a doctor at their own expense.

 

2. INSURANCE AND TRAVEL DOCUMENTS

 

Insurance
WOW recommends that all customers purchase travel cancellation insurance.

Furthermore, we recommend that all customers purchase travel medical insurance that covers transportation back to the patient’s point of embarkation as well as on-site hospitalisation and treatment. These options are the full responsibility of the customer and it is important to note that some insurance companies or individual plans may not cover accidents that occur while surfing or practicing other sports.

 

WOW accepts no responsibility for loss theft or damage to persons or property during their stay. Guests must obtain their insurance independently.

Travel documents

All required travel documents — including visas and a passport that is valid for at least 6 months from your travel date and has enough blank pages for your visa, arrival and departure stamps. — are the sole responsibilities of guests.

 

3. PAYMENT CONDITIONS

 

General
After the contract has been made firm and the return email with the invoice has been received (considered to be a booking confirmation) the customer must pay the invoice in accordance with the following stipulations:

 

Deposit

A deposit is required at the time of booking. Once confirmation has been dispatched the deposit is non refundable. The final balance is due 4 weeks before departure, or any shorter period agreed with WOW. If the final payment has not been received by this date WOW reserves the right to treat the booking as a cancellation. Should the booking be made within 4 weeks of the departure date, or any shorter period as agreed with WOW, the full amount is payable immediately.

 

Invoices made out prior guests’ arrival
– Customers have 7 days after the invoice date to pay in full to the account stated on the invoice and without any deductions such as bank fees, etc.
– Invoices submitted 1 month before guests’ arrival must be paid immediately into the account stated on the invoice.
– In the instance of delays in payment, WOW has the full right to cancel the booking. In cases of cancelled bookings, WOW will inform the customer via email.

Invoices made out in Taghazout, Morocco
– Invoices for guests staying at WOW for products bought and/or consumed at WOW (surf-guiding and surf-coaching, broken surf equipment, bar, restaurant, spa, etc.) and/or additional services (laundry service, island tours, etc.) shall be paid at reception at check out day or any earlier day as requested by WOW, in cash in local currency (MAD), or credit card subject to terminal availability. WOW will use a tentative currency conversion if paid in USD or EUR, but please note that we do not run a money exchange service with up-to-date rates.

– On-site invoices for customers not staying at WOW for services such as surf lessons, surf-guiding and coaching, etc., must be paid immediately and in full at the reception desk, before availing oneself of the booked service or arrangement, in local currency (MAD) and in cash, or credit card subject to terminal availability. WOW will use a tentative currency conversion if paid in USD or EUR, but please note that we do not run a money exchange service with up-to-date rates.

 

4. CANCELLATIONS AND REBOOKINGS

 

Cancellations and rebookings made by the customer
All requests for cancellations or rebookings request must be submitted via email. The cancellation period is defined by the receipt of the cancellation. In cases of cancellation, the below fees may apply, depending on the cancellation date.

60 days in advance 10%
45 days in advance 25%
30 days in advance 50%
15 days in advance 100%

 

If a guest does not cancel and does not turn up, they will receive no refund.
Those who wish to cancel their booking may transfer it to a replacement person who fulfils the conditions defined by these general Terms and Conditions prior to departure. In such cases, a fee of €50 (EUR) applies.

 

Prior to rebooking, the following conditions apply
– In order for the company to avoid incurring any losses, the room that was originally booked must have been sold by WOW to another party.
– All reebookings are subject to availability.
In all other cases the above-mentioned cancellation conditions (including fees) apply.

Cancellation by WOW
WOW reserves the right to opt out of a contract under the following extraordinary circumstances: In the case that certain conditions prevent the booked service and/or arrangement from being carried out or in cases of unacceptable danger, WOW reserves the right to cancel the contract with immediate effect. However, in no case will we cancel your holiday less than 8 weeks before the scheduled departure except for reasons of ‘force majeure’ which include war, political unrest, strikes, acts of God, epidemics, natural and technical disaster, closure of ports and aircraft or unless the clients default in the payment of the balance of the holiday price. In circumstances where we are unable to provide the holiday you have booked we will return to you all monies paid, or offer you an alternative holiday of similar standard.

Alterations to your holiday by WOW: It is unlikely that we will have to make any changes to your holiday, but occasionally small changes may be made, which we reserve the right to do at any time. Most of these changes are minor and we will advise you at the earliest possible date.

 

5. PRICES AND SERVICES

 

All prices and services are subject to change, though whatever prices and services stated on the invoice and the booking confirmation connected to that invoice will be provided to the customer. Any additional agreements are to be confirmed in writing by WOW. WOW reserves the right to change prices without prior notice in the event of changing conditions (currency fluctuations, new government-mandated price regulations, altered or new fees from third party providers, etc.).

 

WOW also reserves the right to change services or offer, whether general or individually agreed upon, in extraordinary cases (e.g., force majeure, governmental regulations, delays of third parties, weather and oceanic conditions). Customers will be informed as soon as possible of any changes to any essential paragraph in their contract.

 

6. DISCLAIMER

 

General
Participation in and at any services, arrangements and activities under the auspices of WOW is entirely at the customer’s own risk. Customers release, waive and hold the company, its offices, agents and/or employees unaccountable from all claims, losses, damages, commitments, expenses (including legal costs) during or in conjunction with their participation in activities conducted and organized by WOW, arising from, but are not limited to, any injury, accident, illness, death, material damage or personal damage to the customer or to others.

The customer indemnifies WOW, its officers, agents and/or its employees against all claims, losses, damages or expenses that any one or more of his/her executors, administrators, heirs, next of kin, successors or assignees may have in conjunction with his/her participation in activities conducted and organized by WOW, and against any costs including, legal fees, that may incur as a result of any such claims, losses damages or expenses, whether valid or not.

WOW cannot be held responsible for any disturbances or injuries (noise, bites, stings, rash, allergies, etc.) caused by animals. We have no control or influence over the natural world, neighbours, etc.

 

The responsibility to inform WOW of any chronic diseases, illnesses or special needs lies solely with the customer. Such information must be provided prior to the customer’s departure in order to insure proper preparation in terms of accommodation and surfing-related activities. The customer fully accepts the risk of any such complications and will not hold WOW liable for any health issues that may result from his/her chronic condition including omitting to inform us of its existence. Nor is WOW responsible for any accidents or injuries that may result from the customer’s physical activities, such as surfing, cycling, driving, walking, etc.

 

Though WOW can arrange the rental of cars or motorbikes for customers, please bear in mind that we are not the company that actually rents these vehicles. We cannot, therefore, be held responsible for any accident or injury resulting from the state, quality or operability of any such vehicle.

 

Any feature included in a package booked with or by WOW can only be availed of by the package holder. Any item or feature of a package, whether utilized or not, is strictly non-refundable.

 

Customers are responsible for any damage inflicted on equipment belonging to WOW, such as bedding, furniture, etc. Please note that coloured sun cream or temporary tattoos can stain bedding and towels, making them impossible to properly clean.

WOW holidays start and finish where stated on your invoice or booking confirmation. We are not responsible for your travel to or from this point or for any expenses, including travel accommodation, subsistence and loss of earnings, caused by delayed return to your departure point, howsoever caused.

 

Surfing

WOW follows strict standards of safety. We provide trained surf instructors who carefully choose surf spots that match the surf level of participants, thereby maintaining a low accident and injury risk. That said, WOW is not liable for any accidents or injuries occurring during surfing and surfing-related activities. However, in the event of injury, customers are responsible for their own medical costs. Please refer to your medical travel insurance in order to familiarise yourself with any health-related issue that may arise on your trip.

If a customer has not booked a surf package, but still wishes to participate in guided surfing or surfing lessons, they can upgrade their package or buy separate surf sessions.

If the customer is not ready to leave for a surf spot at the scheduled departure time, the group may leave without him or her. In these cases the session will not be refunded. Please be ready on time for departure.

 

Transfers to surf spots are included in the fees for all surf sessions; surfguiding or surfing lessons. The spots are chosen by the surf instructors who, according to their expertise familiarity with local conditions, select the locations best suited to the level of guests with least risk of safety hazards.

 

Surf packages, lessons and sessions may not be postponed, nor are they transferable to another person. WOW offers no refunds for unused features specified in our packages. All activities are planned in advance and cannot be disrupted.

Any damage to rented equipment (surfboards, etc.) or loss of property for WOW is the responsibility of the customer when such property is in the use of the customer. To avoid liability for the replacement of equipment, surfboard insurance is available at an extra cost, which will be added to the customer’s final bill.

 

WOW is not responsible for poor surfing conditions. Even if surfing is deemed to be not possible after driving to a surf spot on a given day, it will still count as a “session”. However, WOW will make every endeavour to make sure that surf instruction or surf-related activities will take place at the proper spot at the proper time. Nevertheless, there may be days where poor weather, dangerous conditions or low-quality waves make it difficult or impossible to surf. Unfortunately, we can neither control nor predict these factors. Surfing lessons or surf guiding therefore starts when we leave WOW and ends when we return to WOW. Even when conditions are so poor as to make it impossible to surf, these events will be counted as “sessions”. In the event of poor weather or poor surf, the passenger shall have no claim against WOW. 

WOW takes no responsibility for services that are provided by third parties. These include public or private transportation, public utilities, etc.

 

Transfers

 

Transfers: i

Agadir Airport: It may sometimes be necessary to combine, on certain transfers, customers arriving or departing on more than one flight. It may require additional waiting time at your airport or resort. Sometimes our airport transfers are contracted to a specialist local agency. Maximum waiting time at the airport is 60 mins. Please note departure times are 3hrs prior to your flight departure from your accommodation. WOW takes no responsibility for death or personal injury caused through the use of this service.

 

Transfers: ii

All transfer not to Agadir airport are booked on behalf of the client and no contract will exist between WOW and the client for the provision of this service. All monies for such services are payable directly to the service provider. WOW accepts no responsibility for injury, loss, damage, accident, delay, irregularity or costs incurred that may arise from the use of these services.  WOW can give no guarantee of exact times or arrival or departure of any service and will not be liable for failure to make connections to other services.

 

7. EXCLUSION OF PARTICIPATION

 

Participants must implicitly follow WOW’ staff instructions. If a customer fails to disclose physical and/or other health issues, disabilities or other factors that may make him or her unfit for surf-related activity, acts irresponsibly and/or causes disturbances that result in endangerment of the provision of service and/or the health or the image of other participants or the company, its reputation and its employees, that customer — after being warned by WOW staff — can be excluded from the participation in any or all activities run by WOW. In such cases, WOW may terminate the contract without any further notice, with no refunds made. Any costs incurred by the actions of the customer are to be paid by the customer.

 

8. HOLIDAY TERMINATION AND INDEMNITY

 

While staying with WOW, clients are expected to behave in an orderly and acceptable manner and are expected to accept responsibility for the conduct of themselves and their party. Should their behaviour threaten the condition of the accommodation or vehicles or seriously impair the enjoyment of other guests, WOW reserves the right to refuse to further accommodate the guilty party and contractual obligations will be terminated. The guilty party will be liable for the cost of any damage caused.

 

9. RISKS

 

Surfing holidays, like many adventure and sporting activities, especially water-based ones, include a certain degree of risk, including serious injury or death. Before participating in surfing, individual potential customers must decide — with the help of a doctor if necessary — whether their current level of physical fitness and health is adequate to engage in such a strenuous physical activity. WOW reserves the right to ask for a current medical certificate stating you are fit to partake on a trip. Any medical expenses or related costs incurred during your trip are not the liability of WOW. By entering into contract with WOW, the customer consents to cover all necessary (according to WOW) costs for medical treatment in eventual cases of injury or illness due to accidents or chance and during a surfing lesson or surf guiding, yoga session, or related activity associated with WOW. The customer also agrees to indemnify WOW in case such treatment is necessary.

 

10. DATA USAGE AND PROTECTION

 

In the course of our surfing and leisure activities we may film or photograph you for use on our website or in promotional videos, etc. As the customer, you therefore agree that you may be photographed and/or filmed during your stay/in the course of activities and in connection with WOW. You also consent to WOW use of such photographs or recordings for promotional and/or advertising purposes and without additional prior consent. The customer furthermore agrees to allow his or her personal data to be used by WOW for the purposes of marketing and market research. WOW offers the assurance that all personal data is to be treated with confidence and will not be willingly transferred to any third parties except with the purpose of fulfilling your booking(s) and providing relevant service. At any point, the customer may terminate this agreement via email. In such a case, your personal data, images and/or footage will not be used for any of the above reasons.

 

11. INEFFECTIVENESS OF INDIVIDUAL PROVISIONS

 

Ineffectiveness of individual provisions stipulated in the contract or of the general Terms and Conditions does not affect the validity of any remaining or additional provisions.

 

12. PLACE OF JURISTICTION AND APPLICABLE LAW

 

The place of jurisdiction and applicable law is the legal residence of the Company. Any legal claim against WOW shall be governed in all respects by and in accordance with the laws of Morocco.