Terms & Conditions
BLACKSAND, (hereinafter “BLACKSAND”, “we”, “our”, “us”), BLACKSAND-related sites, apps, products, communications and services (hereinafter “Services”, “Booking”, “Surf Week”), are covered by the terms and conditions described below. By using our Services, the customer (hereinafter “you”, “your”, “customer”, “participant”) agrees to abide by the terms and conditions. We reserve the right to make changes to these Terms and Conditions at anytime without notice.
Conclusion of Contract / of Booking
Bookings have to be made by e-mail. A booking is accepted and becomes definite from the date we send a confirmation by email. If bookings for Customers are made by third parties (including bookings of Customers for other Customers), such third parties are liable both for payment of the booked service and Customers’ agreement to these Terms and Conditions. The contract between the Customer or the third party making the booking, respectively, and Blacksand is concluded with the unconditional acceptance of the booking by Blacksand. Through the booking, the Customer as well as any third party making the booking accept the present Terms and Conditions as binding. Blacksand will not accept any non-binding reservations. We reserve the right to decline any booking at our discretion.
Rates and Terms of Payment
The price per person is stated in Euro. Please read carefully the description of the trip in order to know what is included in the price.
To confirm a booking we require a 50% deposit of the total package cost for your Booking. If the deposit is not received by us within 48 hours the booking will automatically be cancelled. If the Booking is full, the deposit is fully refunded immediately. If the Booking is full, we can add your name to our waitlist upon request in writing, or advise of other available dates. If we’re able to confirm your place on the Booking, we will contact you and full payment will be due immediately.
Full payment is due 60 days prior to your week of surfing starts and Customers agree to pay any outstanding balance no later than this date. If the balance of the Booking price is not received by the notified due date (60 days prior to commencement of the Booking), a customer’s place may be offered to someone else.
The price is the exact amount to be received by us, irrespective of fluctuations in currency and irrespective of any third party transfer charges. If payment is made by bank account transfer, please instruct your bank to charge all costs to you in order to avoid a shortfall in the amount to be received; we will send you our banking details. If you choose to pay by Paypal, we will email you our Paypal details.
Cancellations / Changes in Bookings by the Customer
We don’t offer any cancellation insurance.
Cancellations and changes in bookings must be made in writing (e-mail) and are legally binding upon confirmation by BLACKSAND.
Your payment is refundable until 60 days before the start date of the week of surfing. Returned payments are subject to a Euro 200 handling charge.
In case of cancellation less than 60 days before the start of the week and in case of no-show, we will retain 50% of the total costs. However, if another person can be found to take your spot, we may offer you a discretionary 75% refund. Refunds are processed within 14 days after the day of cancellation. Other than that, once a booking has been accepted no payment is refundable unless the course is cancelled by us. Once the week has started, no partial return payments (for unused days of the week of surfing) will be made.
Any deviating terms of cancellation are communicated by BLACKSAND in the confirmation of booking.
Cancellation by Us
It is at our free discretion to cancel an week of surfing that is jeopardized, considerably hindered or made impossible due to force majeure, meteorological hazard, official measures, political disturbances, strikes, demonstrations, difficult traffic conditions, closed roads or similar unforeseeable events.
Changes in Prices or Services
BLACKSAND, reserves the right to change the Booking Price in case of extraordinary circumstances. Extraordinary circumstances are in particular:
changes in the rates of third-party providers
newly introduced or raised taxes, charges or fees
Changes in BOOKING Prices in case of extraordinary circumstances are communicated 3 weeks prior to the week of surfing start at the latest. If the difference between the new and the initial Booking Price exceeds 10%, the Customer is entitled either to withdraw from the contract upon written notice within 5 days after communication of the change in Booking Prices against full refund of any Booking Price already paid or to book an alternative Tour of BLACKSAND, in the value of the initially booked trip without any rebooking fee. Further compensation for damages is excluded.
BLACKSAND reserves the right to change the program at any time, prematurely curtail the week or offer alternative solutions in case of extraordinary circumstances. We reserve the right to alter any facility accommodation or surf activity. Any additional costs of the week shall be borne by the Customer. BLACKSAND undertakes to immediately inform the Customer of any changes in services and/or in the program. If the alternative solution is more expensive than the initially booked trip or unreasonable for the Customer, the Customer is offered withdrawal free of charge. Refunds are effected in the same way as payment has been made. Further compensation for damages due to change(s) in trip Prices or services is excluded.
Terms of Participation
Surf weeks are offered subject to the terms published by BLACKSAND (e.g. with regard to language, Tour guiding, etc.). Customers undertake to inform BLACKSAND, of any health problems. Adequate health and accident insurance coverage is the responsibility of the Customers (including supplementary insurance against sports accidents). Joining the week of surfing under the influence of drugs, medicines and/or excessive alcohol is not permitted. Customers undertake to strictly comply with these Terms and Conditions, the terms of participation of third-party providers, the instructions of BLACKSAND, of third-party providers, of support staff as well as external guides and rescue staff. BLACKSAND reserves the right to exclude a customer from the Booking with immediate effect in case of health problems, non-compliance with the terms of participation or violation of these Terms and Conditions or any instructions. In case the exclusion is made prior to the Booking start, the terms of cancellation apply analogously. In case the exclusion is made during an Booking, the customer has no right to a refund of the Booking Price. In case of exclusion, any and all claims for damages against BLACKSAND are excluded.
It is your sole responsibility to make sure you are in good health condition to participate in our trips and able to participate in activities such as surf classes, yoga and other physical activities that we arrange. You shall make us aware and notify us of any medical conditions, pregnancy, disability or any other mental or physical condition which may affects your health or any medical condition. You must notify us at the time of booking or after, if your health or fitness changes between the time of booking and the trip departure. Customers who have injuries or illnesses are advised to seek doctor’s advice if practicing surf. We are not liable for any medical or psychiatric conditions during or subsequent to the week of surfing in the customer’s use of our facilities or participation in activities. A customer must always stop and rest if he/she is feeling any pain or sickness.
We are not required to provide any special facilities unless we have agreed to do so in writing. However, we will do our best to meet special request including dietary, but such request do not form part of the Terms and Conditions and, therefore, we are not liable for not providing these requests. Medical facilities vary from country to country and we make no representations and give to warranties in relation to the standard of such treatment.
In addition, it is your sole responsibility to ensure that you are aware of any health requirements for your travel and to ensure that you carry all necessary vaccination documentation. You should consult your doctor regarding health requirements for your destination.
The customer shall not use the property except for permitted use and shall not use the property for any offensive, noisy, dangerous, illegal, entertainment, immoral or improper purposes. The customer shall keep all properties used by BLACKSAND fixtures, fittings, furniture and effects in a clean and good condition and shall replace any articles which are destroyed or missing with articles of a similar kind and of equal value. BLACKSAND reserves the right at its sole discretion to terminate use of the any property or any of its facilities by the customer in the event of any breach of these Terms and Conditions. The customer will be required to vacate the property and BLACKSAND shall not refund payment or accept any consequential liability damages or loss.
Travel Arrangements to and from BLACKSAND
All travel arrangements are at the customer’s responsibility at his/her own cost. If you arrive earlier than the first day of the week or stay longer than the duration of the Booking, the customer is responsible for costs of accomodation as well as transfer to and from the Trip.
Travel Documents and Insurance
It is your sole responsibility to ensure that you have valid passports, visas or any other travel documents required for your trip. Your passport must be valid for a minimum of 6 months following the departure date. Any fines, penalties, payments or expenditures incurred as a result of such documents not meeting the requirements of immigration and other government authorities will be your sole responsibility.
Adequate travel insurance for the duration of the trip is the customer’s responsibility. Also, it is your sole responsibility to make sure that surfing is an activity covered by your insurer. We strongly recommend you to extend your insurance coverage to include cancellation and all other expenses that might arise as a result of loss, damage, injury, delay or other travel inconvenience occurring during your travel.
Limitation of BLACKSAND’s Liability
Customers undertake all activities at their own risk. Any liability of BLACKSAND is limited to the week of surfing pice as well as any direct damages caused willfully or by gross negligence by BLACKSAND. BLACKSAND’s liability for slight negligence, assisting persons as well as consequential damages and lost profit is excluded. BLACKSAND does not assume any liability in case of non-fulfillment of contractual obligations that results from omissions or contract violation by the Customer. In case of cancellation of an Booking, BLACKSAND is only liable for the refund of the Booking Price if no alternative Booking is offered. BLACKSAND does not assume any liability for the disappearance of personal items, cash, valuables, luggage, photographic equipment, etc. as well as loss, theft, damage or misuse of checks and credit cards.
Exclusion of Liability for Offers of Third-party Providers and in Case of Force Majeure
BLACKSAND does not assume any liability for the offers and services of third-party providers nor does BLACKSAND assume any liability for damages based on circumstances that are beyond our control, such as force majeure, natural events, catastrophes, war, terrorist actions or threats, civil strife, changes in program due to non-adherence of train, bus or ship transportation companies or other third-party providers to their schedules, technical problems to transport, unforeseen changes in your personal circumstances, etc. Customer undertakes to claim any damages directly from the third-party provider.
All activities for which BLACKSAND acts as an agent and which are carried out by third-party providers or are organized and/or carried out by Customers themselves incur at Customer’s own risk. Blacksand is not liable for the consequences of any accident (injury or illnesses). BLACKSAND expects from each Customer a considerable degree of personal responsibility. Customers only participate in activities that are compatible with their physical condition, in particular their health and physical efficiency. Customers are in particular responsible for an adequate equipment (clothing, footwear, surf gear, sun protection, etc.).
Deadline for the Assertion of Claims
Customers’ claims towards Blacksand due to non-fulfillment or fulfillment not in accordance with the contract must be asserted within 14 days after the contractually agreed week of surfing date in writing with a detailed explanation of the claims. A complaint vis-à-vis the guide is not sufficient. Claims received by Blacksand after expiry of this deadline cannot be accepted anymore, except if Customers prove that they were faultlessly prevented from meeting such deadline.
Amendments to these Terms and Conditions
BLACKSAND may amend these Terms and Conditions at any time. Such amendments are legally binding upon notice to the Customer or publication on www.azoressurfcamp.com
Use of Written and Photographic Material
Any written material provided to BLACKSAND in the form of feedback may be used by us for marketing purposes. Any photos and videos taken by us of customers of our week of surfing may be used by used in any of our Services. If you would prefer we do not use any of the above material written by you or containing your image it is your responsibility to advise us of this in a written document.
In case any of the provisions of these Terms and Conditions shall be held or become invalid, void or unenforceable in any other way, the validity of the remaining provisions shall not be affected thereby. In case of unenforceability of a provision, such provision shall be replaced by an enforceable provision that reflects the intention and purpose of the invalid provision as closely as possible. The same procedure applies if a gap in these Terms and Conditions becomes evident.
Applicable Law and Place of Jurisdiction
Portuguese law shall apply to the legal relationship between the Customer and BLACKSAND (with the exclusion of conflict of law rules). For claims against BLACKSAND, the exclusive jurisdiction of the ordinary courts at the seat of BLACKSAND, is agreed.