Terms and Conditions

TERMS & CONDITIONS

Zopilote Surfcamp

Playa Hermosa

Cobano 60111

Costa Rica

Please read these Terms and Conditions carefully as they apply to any and all commercial relationships between the company Zopilote Surfcamp and the customer (you). What is written below can be considered standard for the industry and is set forth in as clear and simple terms as possible.

CONTENTS

BOOKING TYPES
ONLINE BOOKINGS
DISCLAIMER
SURFING
EXCLUSION OF PARTICIPATION
RISKS
DATA USAGE AND PROTECTION
INEFFECTIVENESS OF INDIVIDUAL PROVISIONS
PLACE OF JURISTICTION AND APPLICABLE LAW

DEFFINITIONS

The terms “we”, “us” and “our” refer to Zopilote Surfcamp., a global online travel provider with head offices in Europe that manages an extensive portfolio of travel-focused services operating under the brand name “Zopilote Surfcamp”. Our contact details can be found at the end of these Terms.

The term “you” and “your” refers to the Customer using our Services, booking a reservation through us or otherwise using our services. Moreover, for the purposes of these terms and conditions the following words or phrases have the meaning shown below, unless the context clearly indicates otherwise:

COMPAINIES

Joma Bali (Zopilote Surfcamp Bali) as (Zopilote Surfcamp)
Zopilote Surfcamp Unipessoal LDA (Zopilote Surfcamp Portugal) as (Zopilote Surfcamp)
Zopilote Surfcamp Nicaragua S.A (Zopilote Surfcamp Nicaragua) as (Zopilote Surfcamp)
3-102-757529 (Zopilote Surfcamp Costa Rica) as (Zopilote Surfcamp)

TERMS

Customer, Guest, Participant: The person who makes a Booking or the person on whose behalf the services provided by us have been agreed and who has accepted that condition.
Agents: Persons or business entities that source leads & introduce customers to Zopilote Surfcamp
Trustedbookings: Our exclusive online booking Service provider
Online Bookings: Direct online bookings performed exclusively by our online booking service provider Trustedbookings
Agent Bookings: Bookings sourced by our partner agencies
Direct Bookings: Bookings performed directly through the Zopilote Surfcamp offices via email and telephone or at the Zopilote Surfcamp venues

BOOKINGS TYPES

Bali Joma, Zopilote Surfcamp Unipessoal LDA, Zopilote Surfcamp Nicaragua S.A, 3-102-757529 (Zopilote Surfcamp Costa Rica) accept online, direct and agent bookings. Please read these Terms and Conditions carefully as they apply to any and all commercial relationships between the company Zopilote Surfcamp, Trustedbookings our online booking service provider, third party Agencies and the customer (you). What is written below can be considered standard for the industry and is set forth in as clear and simple terms as possible.

ONLINE BOOKINGS: Trustedbookings is Rapturecamp’s exclusive online booking service provider

AGENT BOOKINGS: Zopilote Surfcamp partners with multiple third-party Agents to advertise and source leads and bookings

DIRECT BOOKINGS: Zopilote Surfcamp receives bookings directly via email, telephone and onsite

1 ONLINE BOOKINGS

All Rapture online bookings will be performed and managed by Trustedbookings and will be subject to the Trustedbookings Terms and Conditions (please click here to view) as defined on the Trustedbookings platform & service.

2 CALL CENTRE, AGENT & DIRECT BOOKINGS

2.1. CLOSING CONTRACTS

All reservation requests must be made in written form, via email or via one of our Agent booking platforms. This enables us to track and examine the booking process in case a misunderstanding or miscommunication arises. Once the booking confirmation and invoice from Zopilote Surfcamp is received by the customer, the contract between Zopilote Surfcamp and said customer becomes in effect. These general Terms and Conditions of Zopilote Surfcamp are implicitly accepted from when the customer sends the booking request. As soon as payment is received the booking becomes concrete. If the customer fails to make the required payment in the allotted timeframe, the booking is simply cancelled.

2.2. PERFORMING AGENT OR DIRECT BOOKINGS

The following terms apply to all direct and Agent bookings performed for Zopilote Surfcamp:

Bookings of rooms, bungalows, surf shacks, villas, etc., 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 Zopilote Surfcamp websites (www.Zopilote Surfcamp.com, www.surfcampinportugal.com, www.surfcampbali.com, www.surfcamp.travel). If a booking is for the following season, the prices and services defined on the customer invoice apply even if they happen to differ from the prices and services described on the website
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. Teenagers may stay at Zopilote Surfcamp if we receive their parents’ consent in writing
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 and activities relating to surfing. Requirements include a good level of physical fitness and competent swimming skills. This is in order to maintain a certain standard of class for group surf lessons at Zopilote Surfcamp and avoid other group members becoming dissatisfied due to the physical limitations of one student bringing down the level of instruction. If there is any doubt, potential customers should consult a doctor at their own expense

2.3. PAYMENT CONDITIONS

2.3.1. GENERAL

After the contract has been confirmed 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:

Invoices made out prior guests’ arrival
Customers have 14 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 2 months before guests’ arrival must be paid immediately into the account stated on the invoice.
In the instance of delays in payment, Zopilote Surfcamp has the full right to cancel the booking. In cases of cancelled bookings, Zopilote Surfcamp will inform the customer via email.

2.3.1.1. INVOICING FOR Zopilote Surfcamp BALI SERVICES

The following terms will apply in relation to invoicing for all guests staying at “Zopilote Surfcamp Bali”:

All products, services & materials consumed such as surf-guiding and surf-coaching, broken surf equipment, bar, restaurant, spa, etc and/or additional services: laundry service, island tours will be paid weekly at reception on Friday by the guest, prior to check-out or at before 5 pm at the latest, in cash & in local currency (IDR)

On-site Invoices for guests staying at “Zopilote Surfcamp Bali” for products bought and/or consumed at “Zopilote Surfcamp Bali” (surf-guiding and surf-coaching, broken surf equipment, bar, restaurant, spa, etc.) and/or additional services (laundry service, island tours, etc.) shall be paid weekly at reception on Friday at the latest, prior to check-out or at before 5 pm at the latest, in cash in local currency (IDR). Zopilote Surfcamp 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. Credit cards are also accepted with a surcharge of at least 3%

On-site invoices for customers not staying at “Zopilote Surfcamp Bali” for services such as surf lessons, surf-guiding and coaching, etc., must be paid immediately and in full at the reception desk at “Zopilote Surfcamp Bali”, before availing oneself for the consumption or participation of the booked service or arrangement. Payment for this service will be provided in local currency (IDR) and in cash. Zopilote Surfcamp 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. Credit cards are not accepted for customers not staying at “Zopilote Surfcamp Bali”. We apologise, but this service is only offered to guests who are staying with us

According to Indonesian law, all bills that are paid on site are subject to a 5% service charge and a 10% local government tax

2.3.1.2. INVOICING FOR Zopilote Surfcamp PORTUGAL SERVICES

The following terms will apply in relation to invoicing for all guests staying at “Zopilote Surfcamp Portugal”:

All products, services & materials consumed such as surf-guiding and surf-coaching, broken surf equipment, bar, restaurant, spa, etc and/or additional services: laundry service, island tours will be paid weekly at reception on Friday by the guest, prior to check-out or at before 5 pm at the latest, in cash & in local currency (EURO)
Zopilote Surfcamp will use a tentative currency conversion if paid in USD, but the company is not a money exchange establishment with up-to-date rates. Credit cards are also accepted with a surcharge of at least 3%

2.3.1.3. INVOICING FOR Zopilote Surfcamp NICARAGUA SERVICES

The following terms will apply in relation to invoicing for all guests staying at “Zopilote Surfcamp Nicaragua”:

All products, services & materials consumed such as surf-guiding and surf-coaching, broken surf equipment, bar, restaurant, spa, etc and/or additional services: laundry service, island tours will be paid weekly at reception on Friday by the guest, prior to check-out or at before 5 pm at the latest, in cash & in local currency (USD)
Zopilote Surfcamp will use a tentative currency conversion if paid in EURO or non-US currency, but the company is not a money exchange establishment with up-to-date rates. Credit cards are also accepted with a surcharge of at least 3%

2.4. CANCELLATIONS & REBOOKINGS

2.4.1. CANCELLATIOJNS & REBÒOKINGS PERFORMED 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 20%

30 days in advance 40%

20 days in advance 70%

12 days in advance 100%

The following stipulations also apply to all customer cancellations:

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 Zopilote Surfcamp to another party
All rebookings are subject to availability
In all other cases the above-mentioned cancellation conditions (including fees) apply
Surf packages, lessons and sessions may not be postponed, nor are they transferable to another person. Zopilote Surfcamp offers no refunds for unused features specified in our packages. All activities are planned in advance and cannot be disrupted.
Any surf session included in a package can only be availed of by the package holder and if unused, is strictly non-refundable

2.4.2. CANCELLATION BY Zopilote Surfcamp

Zopilote Surfcamp 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, Zopilote Surfcamp reserves the right to cancel the contract with immediate effect. Any payments that have been made by the customer are to be refunded
Zopilote Surfcamp will not refund any additional expenses incurred above and beyond the original invoiced amount

2.5. PRICES AND SERVICES

The following stipulations apply to all Zopilote Surfcamp bookings processed directly or by Agents:

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 Zopilote Surfcamp. Zopilote Surfcamp 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.)
Zopilote Surfcamp 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

DISCLAIMER

3.1. GENERAL

Participation in and at any services, arrangements and activities under the auspices of Zopilote Surfcamp 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 Zopilote Surfcamp, 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 Zopilote Surfcamp, 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 Zopilote Surfcamp, 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.

Zopilote Surfcamp 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 Zopilote Surfcamp 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 Zopilote Surfcamp liable for any health issues that may result from his/her chronic condition including omitting to inform us of its existence. Nor is Zopilote Surfcamp responsible for any accidents or injuries that may result from the customer’s physical activities, such as surfing, cycling, driving, walking, etc.

Though Zopilote Surfcamp 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 Zopilote Surfcamp 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 Zopilote Surfcamp, 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.

Zopilote Surfcamp is not responsible for any loss of property or theft on our property. Please store your valuables in the built-in safety box located in your accommodation.

SURFING

Zopilote Surfcamp follows strict standards of safety. Employees regularly attend safety, first aid and surf life saving courses according to Australian or European Standards. All surf lessons are given by Australian/European-certified instructors. 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, Zopilote Surfcamp is not liable for any accidents or injuries that 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.

The majority of our surf packages include daily surf-guiding and/or surfing lessons held Monday through Saturday. If a customer would like additional lessons, held in the afternoons or on Sundays, they may book extra sessions when possible.

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!

The duration of a surfing session is 3 hours max in the water. If all participants become too tired before 3 hours, the session may end early, with the group returning home to “Zopilote Surfcamp Bali / Portuga/Nicaragual”.

Transfers to surf spots are included in the fees for all surf sessions; surf-guiding 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.

If a guest has booked a standard surf package, but arrives or departs in the middle of an on-going surf guiding and surf-instruction week (Monday-Saturday), the features of the package are not extended or altered to benefit that one guest (for example, over Sunday).

Any damage to rented equipment (surfboards, etc.) or loss of property for Zopilote Surfcamp 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. Prior to receiving a rental board, the customer must sign a statement affirming that he or she is aware of the board’s condition. After signing, the board is the responsibility of the customer.

Zopilote Surfcamp 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, Zopilote Surfcamp 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, spending as much time on as many good waves as possible. 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 “Zopilote Surfcamp Bali / Portugal” and ends when we return to surfcamp HQ. Even when conditions are so poor as to make it impossible to surf, these events will be counted as “sessions”.

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

EXCLUSION OF PARTICIPATION

Participants must implicitly follow Zopilote Surfcamp’ 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 Zopilote Surfcamp staff — can be excluded from the participation in any or all activities run by Zopilote Surfcamp. In such cases, Zopilote Surfcamp 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.

RISKS

Surfing holidays, like many adventure and sporting activities, especially water-based ones, include a certain degree of risk. 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. By entering into contract with Zopilote Surfcamp, the customer consents cover all necessary (according to Zopilote Surfcamp) costs for medical treatment in eventual cases of injury or illness due to accidents or chance and during a surfing lesson or surf guiding, trail riding, or related activity associated with Zopilote Surfcamp. The customer also agrees to indemnify Zopilote Surfcamp in case such treatment is necessary.

DATA USAGE AND PROTECTION

In line with the upcoming General Data Protection Regulation (“GDPR”), which takes effect May 25, 2018, we’ve updated our Privacy Policy and Terms of Service to clarify how we collect and use your information.

To view our updated Privacy Policy view: https://www.Zopilote Surfcamp.com/privacy-policy/

To view our GDPR statement please view: https://www.Zopilote Surfcamp.com/GDPR

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.

PLACE OF JURISTICTION AND APPLICABLE LAW

The place of jurisdiction and applicable law is the legal residence of the company, Zopilote Surfcamp (“Zopilote Surfcamp Bali / Portugal / Nicaragua”, respectively). Any legal claim against the Zopilote Surfcamp shall be governed in all respects by and in accordance with the laws of Indonesia, Portugal, Nicaragua, Costarica.