General terms and conditions for User (GT&C User)

Overview 

  1. Any travel or accommodation agreement only comes into effect between You and the respective travel business or accommodation provider.
  2. The offers of accommodation and travel on STW are directly maintained there by the Provider.
  3. All messages sent through STW are only booking requests and will never generate a confirmed booking. After the initial booking request you will communicate directly with the provider to agree on a confirmed booking.

 

§ 1 General

a) Area of validity

These general terms and conditions are valid for all business relationships through www.surf-the-world.com between SURFTHEWORLD, owner: Mr. Philip Hurst, Kirchbergstraße 21, 76356 Weingarten(hereinafter referred to as: STW) and You, as the user of STW, in the applicable version at the time of conclusion of the contract. Contrary general terms and conditions of yours are hereby expressly contradicted. So far as general terms and conditions in other languages on our website are also used, these are merely translations of these provisions.

b) Contractual stipulation 

The contract language is English, which does not affect the validity of the version of the general terms and conditions (GTC) according to § 1 a. You can only become a contractual partner if you are of age and legally competent. The displayed prices are in the currency that the Provider has set. STW might also display the current exchange rate (updated once a day) of the European Central Bank to the US dollar or EURO. 

c) Contractual parties

In the scope of its activities, STW basically acts only as an intermediary for accommodations. STW itself does not organize any own trips. If there is a booking generated through STW, the travel or accommodation agreement only comes into effect between You and the respective travel business or accommodation provider (both referred to hereinafter as: Provider). STW is authorized to act as representative.

§ 2 Offers and Bookings

a) Responsibility 

The offers of accommodation and travel on STW are directly maintained there by the Provider. STW cannot guarantee their correctness and completeness; the Providers themselves are liable for their offers placed on STW’s portal. STW publishes the offers placed by Providers so that you can send a corresponding booking request through this site directly to the Provider. STW is thus only an intermediary between persons seeking travel offers and the Provider. 

b) Inquiry/message function

As far as you would like to use the inquiry/message function, STW will forward your inquiry/message to the Provider. The Provider will make an  offer to your inquiry as soon as possible and will send it to your email address which was provided by you. ) You will communicate directly with the provider by email or phone.

§ 3 Payments and reimbursement

If there is a booking generated through STW, the travel or accommodation agreement only comes into effect between You and the respective travel business or accommodation provider and to their Terms and Conditions. This includes also any payments (advanced or full), cancellations or rebookings. Regarding rebookings and cancellations of the travel or accommodation agreement, please note the respective Provider’s terms and conditions. Corresponding statements can only be submitted to the Provider directly; STW is not authorized to receive these.

§ 4 Duties of STW

a) Forwarding of booking requests (inquiries/messages)

STW’s contractual obligation to provide service consists of forwarding the booking requests or inquiry messages to the Provider of the trip or accommodation. The additional documents on the accommodation or trip will then be directly sent to you from the corresponding Provider. Rendering the booked services or arranging the trip as such is not part of STW’s duties. 

b) Information and selection decision

The information on accommodations or other travel services mediated on STW is based solely on the information the responsible Provider has provided to STW. This information does not represent any promise that STW makes to you. Therefore, STW does not make any guaranty of the completeness and accuracy of the information conveyed by the Provider. Without an explicit agreement, the travel agent is not obligated to find and/or offer the most reasonable Provider of travel services or accommodation inquired about at any time. Rather, STW merely provides a portal on which You yourself can make an appropriate selection. There will be no advice regarding visas, entry or customs regulations. You have to take care of this yourself and obtain the appropriate information. In addition, STW recommends that you take out a separate travel cancellation insurance policy.

c) Complaints

In the event of complaints or of other assertion of claims against the intermediary Provider, STW’s obligation is limited to providing all information and documents that are essential for You here, especially notifying you of the names and addresses of the booked companies.

§ 5 Liability of STW

a) Exclusion of liability

STW as well as its legal representatives and vicarious agents are liable with the proviso of the following intentional or gross negligence. In the event of slight negligence, the liability only involves the violation of essential contractual duties, and therefore such duties for which adherence to is of great importance for achieving the purpose of the contract. The liability is limited to foreseeable, direct, average damages that are typical of contracts. So far as the contractual partner is not the user, in the event of a grossly negligent violation of non-essential contractual duties, STW is only liable for the amount of foreseeable, direct average damages typical for contracts.

b) Proviso

The aforementioned liability exclusion does apply to liability for damages from injury to life, body or health. The provisions of the Product Liability Law are also not affected by the liability exclusion.

c) Clarification

STW shall not be liable for errors in the provision of services and personal injury or property damage that may arise for you in connection with the brokered travel service or accommodation. Any of STW's liability on its own from the culpable violation of intermediary duties shall not be affected by this regulation.

d) Warranty claims against third parties

Possible warranty claims against the organizer/service provider or accommodation provider are to be asserted directly against these parties. This is especially true for notices of defect and other declarations for safeguarding rights.

§ 6 Final provisions

a) Place of jurisdiction

The place of business of STW in Weingarten (Baden) shall be agreed to as the sole place of jurisdiction for all legal disputes from this contract, so long as the customer is a business person, a legal person governed by public law or separate estate under public law or if the customer has no place of jurisdiction in the Federal Republic of Germany.

b) Choice of law

As long as obligatory legal provisions according to the customer’s right of domicile are not opposed, German law shall be agreed to, excluding the UN Convention on Contracts for the International Sale of Goods.

c) Severability clause 

The invalidity of individual provisions shall not affect the validity of the remaining general terms and conditions.

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