Terms and Conditions

VAVE Sports & Camps

 

Title Page

  1. Scope 1
    2. Conclusion of Contract 1
    3. Prices 1
    4. Terms of Payment 1
    4.1 Bookings via Email or Contact Form 1
    4.2 Online Bookings 2
    4.3 Common Determination 2
    4.4 Bank details of VAVE 2
    5. Services 3
    6. Changes of Services 3
    7. Deficiencies in Performance 3
    8. Cancellations and booking changes by the customer 4
    9. Cancellation by VAVE Sports & Camps 4
    10. Termination by the customer 4
    11. Termination by VAVE Sports & Camps 4
    12. Non-Take-Up of Entitlements 5
    13. Arrival and Departure 5
    14. Liability of the customer 5
    15. Rent of Material 5
    17. Exclusion of Liability for Risks of the Surfing and BJJ Sports 6
    18. Liability 6
    18.1 General Exemption From Liability 6
    18.2 Limitation of Liability for Package Trips 7
    19. Country Information of the EDA 7
    20. Insurance 7
    21. Data Protection 7
    22. Limitation 8
    23. Abandonment or Transmission of the Legal Relationship 8
    24. Changes of the T&Cs 8
    25. Court of Jurisdiction 8
    26. Applicable Law 8
    27. Severability Clause 8

terms and conditions

  1. Scope
    These general terms and conditions (“T&Cs”) are an integral part of the contract (“contract”) between yourself (the “customer”) and VAVE Sports & Camps c/o Valeria Verzar, Seefeldstrasse 199, 8008 Zurich, Switzerland); customer and VAVE Sports & Camps together: the “parties”) regarding the receipt of holiday services in connection with the program VAVE Sports & Camps.
  2. Conclusion of Contract
    By booking the services, the customer submits a binding offer for the conclusion of a contract to VAVE Sports & Camps. The booking takes place via:
  3. email: valeria@vavesports.ch ;
    2. Application form

The contract is deemed concluded as soon as VAVE Sports & Camps has confirmed the booking to the customer and has issued an invoice.

In case the customer books further services for additional persons, he or she is obligated to take responsibility for their contractual obligations.

 

  1. Prices
    For all services by VAVE Sports & Camps, the prices and contract durations published on the website at the time of booking apply. The prices are in US Dollars, excluding the current legal value added tax.

In case of changes to the exchange rates after conclusion of the contract, VAVE Sports & Camps has the right to increase the price for the services in the amount that the change resulted in an increase in price to the provision of services for VAVE Sports & Camps.

 

  1. Terms of Payment

4.1 Bookings via Email or Contact Form

For bookings that are not made via the booking system of the website but via email or contact form, VAVE Sports & Camps charges a service fee of CHF 25.

Upon receival of the booking, VAVE Sports & Camps will send a booking confirmation and invoice for the booked service to the customer via email.

The customer is obligated to transfer the entire sum for the services for all registered persons (“total sum”) within 7 days of the invoice date to the bank account of VAVE Sports & Camps listed below. If this deadline is not met, the contract will be deemed dissolved by both parties and no service obligations will occur for either party.

 

4.2 Online Bookings

In case of online bookings, the total sum is to be paid via credit card or bank transfer at the time of booking. From this point forward, the customer has a right of cancellation for 7 days. The deadline for the cancellation will be deemed as met if the cancellation notice is sent to VAVE Sports & Camps by electronic means no later than 11:59 PM on the seventh day after the booking has been made. In case of cancellation, both parties are obliged to refund the services already received. However, VAVE Sports & Camps will charge a service fee of CHF 25.- to the customer for expenses and expenditures occurred through a received booking.

The right of cancellation does not apply to online bookings that take place 14 days or fewer prior to departure. Cancellation regulations apply according to clause 8 (cancellation through the customer).

VAVE Sports & Camps has the right to cancel online bookings placed by you within 24 hours of the time of booking. The services already received will be refunded to the customer in full.

 

4.3 Common Determination
For all bookings, it holds true that without complete and timely payment of the contractually determined amounts, there is no entitlement to fullfill the services.

 

4.4 Bank details of VAVE

 

PayPal Account: 

 

The PayPal Payment is free;
Name: VAVE Sports 

Mail: v.verzar@yahoo.com

PayPal-Händler-ID: KEJNPHCHG6HFL

 

  1. Services
    For services to be performed by VAVE Sports & Camps, the publications of the Surf& BJJ Camp Rio on Facebook and Instagram apply exclusively.

The services by VAVE Sports & Camps start at the confirmed date of arrival and end on the corresponding confirmed date of departure.

 

  1. Changes of Services
    VAVE Sports & Camps reserves the right to declare changes to the description in the prospectus for objectively justifiable, considerable and unpredictable reasons. The customer will be informed.

Surf& BJJ Camp Rio has the right to make short-term changes in the services towards the negotiated content of the contract, if these become necessary after the conclusion of contract, were not foreseeable by Surf& BJJ Camp Rio, are not done contrary to good faith and do not reduce the level of services provided overall, e.g. if cooperative partners at the location change the course of a tour or accommodation for organizational, technical or safety-related reasons.

Surfing is strongly dependent on environmental influences. Should it not be possible to conduct the training due to external influences (no waves, waves that are too large, storms), then VAVE Sports & Camps will try to provide an alternative offering. The decision about whether an alternative program can be conducted in given external conditions (e.g. storms) is based on the judgement of VAVE Sports & Camps. Should conducting an alternative program not be possible, VAVE Sports & Camps will refuse any claims for compensation or return of payments.

 

  1. Deficiencies in Performance
    The customer is obliged to notify the staff of  VAVE Sports & Camps immediately of perceived insufficient cleanliness or other deficiencies in performance. A solution will be sought together and any deficiencies will be remedied. VAVE Sports & Camps refuses any claims regarding subsequent complaints in regards to cleanliness or other deficiencies in performance.

Claims on basis of non-contractual performance of services are to be made by the customer to VAVE Sports & Camps via email or contact form within 30 days of the contractually determined departure date. Upon expiration of the deadline, the customer can only assert claims if he or she was unable to keep the deadline through no fault of his or her own.

 

  1. Cancellations and booking changes by the customer
    The following regulations regarding cancellations and booking changes apply to bookings via email and contact form as well as online bookings that occur 14 days or fewer prior to start of the services.

Should the customer wish to cancel or change a booking, the following fees will be invoiced:

Up to 60 days prior to commencement of services: 10% per registered person
59–31 days prior to commencement of services: 20% of the entire sum
30–15 days prior to commencement of services: 40% of the entire sum
14–8 days prior to commencement of services: 70% of the entire sum
7–3 days prior to commencement of services: 90% of the entire sum
From the 2nd day prior to commencement of services: 100% of the entire sum

For the calculation of the costs for cancellations and booking changes, the date on which Surf& BJJ Camp Rio receives the declaration of withdrawal of the customer is decisive. The declaration is to be made in a form acceptable for the booking (above, clause 8, Conclusion of Contract).

 

  1. Cancellation by VAVE Sports & Camps
    VAVE Sports & Camps reserves the right to cancel the services at any time and with immediate effect, if these are considerably hampered, imperiled or impaired due to unforeseeable events such as force majeure, politic unrest, strikes, official measures, unacceptable danger for the customer or for other compelling reasons. In this case, VAVE Sports & Camps will refund the paid amount to the customer in full but has the right to deduct verifiable rendered expenses. Further claims for compensation are ruled out.

 

  1. Termination by the customer
    Should the customer wish to terminate the VAVE Sports & Camps or for significant reasons that are recognizable to VAVE Sports & Camps, he is obliged to set an adequate period of notice for remedy performance through VAVE Sports & Camps.

 

  1. Termination by VAVE Sports & Camps
    If there is urgent reason to suspect that the customer has committed criminal offences on location, he or she thereby disturbs the performance of services in a lasting way or acts in violation of the contract to such an extent that the immediate termination of the contract seems justifiable, then VAVE Sports & Camps has the right to terminate the contract immediately and without warning. Claims for compensation by the customer are ruled out. VAVE Sports & Camps retains the claim to the full amount.

 

  1. Non-Take-Up of Entitlements
    If the customer does not make use of individual services that are offered to him or her during the contractual duration of the performance of services, for reasons that can be attributed to him or her, then he or she has no claim towards a partial refund of the price.

 

  1. Arrival and Departure
    Arrival and departure are the responsibility of the customer and are not part of the services of VAVE Sports & Camps.

In case of delays, postponements or cancellations of flights, VAVE Sports & Camps assumes no liability and refuses any claims for compensations and refunds.

The customer is solely responsible for adhering to the passport, visa, currency, customs and health entry regulations in a transit and destination country. VAVE Sports & Camps assumes no liability in case the customer cannot be transported due to the non-compliance with such regulations or in case the customer is refused entry or departure from the country. Any costs caused by this (e.g. payment of the costs for the return journey) are to be covered in full by the customer.

 

  1. Liability of the customer
    Should the customer damage houses, bungalows, inventory or garden facilities in connection with receipt of services, he or she has to cover the VAVE Sports & Camps.

The material provided for the Surf, BJJ and Ginastica Natural courses is to be treated carefully. In case of loss or damage through improper use, the customer is liable for the costs for repair or for the reinstatement value.

 

  1. Rent of Material
    Should the customer rent material of VAVE Sports & Camps (“rented material”), he or she is liable for the occurring costs for repair or for the reinstatement value of the material in case of theft, damage or loss of the rented material (also through third persons). Whether an item is to be repaired or replaced is based on the judgement of VAVE Sports & Camps.

In case of accidents, damage to persons or death of the customer or of third persons during the use of the rented material, VAVE Sports & Camps does not assume liability. Insurance is responsibility of the participants.

 

  1. Exclusion of Liability for Risks of the Surfing and BJJ Sports
    Surfing and BJJ are connected with increased risk (accidents that can lead to injuries, disabilities or even death of the own person as well as third persons). Upon booking and thereby agreeing to these T&Cs, the customer confirms that he or she has no concerns from a medical or psychological point of view to perform the booked sport and that this matches his or her personal physical skills. It is imperative that the customer complies with the directions of the instructors. In case of behavior that is in disregard of the directions, VAVE Sports & Camps is neither liable for personal nor material damage.

VAVE Sports & Camps refuses any liability in connection with surfing or BJJ. The customer carries the sole responsibility and therefore any costs for accident, death or damage to himself or to third persons. The insurance for these is the responsibility of the customer.

 

  1. Liability

18.1 General Exemption From Liability
Each contractual liability of VAVE Sports & Camps for personal and material damage that is caused by the services is, as far as is legally permitted, excluded.

In particular, VAVE Sports & Camps does not assume liability for mediated services of third party providers.

In particular, VAVE Sports & Camps does not assume liability in cases where the non-performance of the contract is caused by the following reasons:

  1. neglect of the customer during or prior to the trip;
    2. unpreventable or unforeseeable neglects of third parties; or
    3. force majeure.

 

18.2 Limitation of Liability for Package Trips
In case of coming into effect of art. 16 of the Swiss Package Travel Act, the liability for material damages in the extent permitted by law is limited to double the price of the package trip.

VAVE Sports & Camps assumes no liability if material damages can be attributed to the following causes:

  1. Fault of the customer;
    2. unpreventable or unforeseeable neglects of third parties; or
    3. force majeure or events that were unpreventable or unforeseeable for VAVE despite exercising all due care.

 

  1. Country Information of the EDA
    The Swiss Federal Department of Foreign Affairs (Eidgenössisches Departement für auswärtige Angelegenheiten, “EDA”) publishes information about countries in which possible security policy or other increased risks exist. The customer should inform himself about the travel guidelines with the EDA under www.eda.admin.ch.

Medical advice is notably available under www.bag.admin.chwww.safetravel.chwww.osir.ch or www.who.org. Prior to commencing on the journey, the customer should inform himself about the travel and health guidelines and be fully aware of the appropriate risks.

 

  1. Insurance
    Insurance is the responsibility of the customer. VAVE Sports & Camps advises to examine the insurance protection and, if necessary, to take out insurance against travel rescission costs, travel accidents and loss of baggage. Furthermore, it is advised that the customer conclude a private liability insurance for the trip and camp.

 

  1. Data Protection
    The transfer of data over the internet (e.g. communication via email) can show security holes. Complete protection of data against access through third parties is not possible.

The use of customer data by VAVE Sports & Camps for advertising purposes (e.g. newsletter) is not excluded. The customer can object to this use at any time.

 

  1. Limitation
    Claims against VAVE Sports & Camps, regardless for what reason, become time-barred within one year. The period of limitation starts on the day after the contractually-agreed departure date.

 

  1. Abandonment or Transmission of the Legal Relationship
    VAVE Sports & Camps has the right to abandon claims and to transfer individual or all rights and obligations from the contractual relationship with the customer to third parties or to be performed by third parties.

 

  1. Changes of the T&Cs
    VAVE Sports & Camps has the right to make changes to the T&Cs at any time and to publish the current version on the website.

Significant changes to the T&Cs will be communicated to the customer within a reasonable time period prior to their taking effect. Should the customer object before the changes take effect, VAVE Sports & Camps is unilaterally entitled to terminate the contract.

 

  1. Court of Jurisdiction
    In the absence of contrary provision of law, the court of jurisdiction for the evaluation of possible disputes from the contract is Zurich, Switzerland.

 

  1. Applicable Law
    Exclusively Swiss law is applicable to the entire legal and contractual relationship between the parties.

 

  1. Severability Clause
    Should individual regulations of the T&Cs be totally or partly null, void or invalid, then this will not affect the applicability of the remaining regulations or part of regulations. The null, void or invalid regulations will be replaced by such that will be closed in meaning and purpose to the null, void or invalid regulations. The same applies to possible gaps in the regulation.

 

Status: 

01.12.2020 by Florian Hausherr; Rechtsanwalt; lic. iur.

 

CONTACT SWITZERLAND

Valeria Verzar
Badenerstrasse 68
8004 Zürich 

+41 79 2087808
valeria@vavesports.ch

 

 Webside 

www.vavesports.ch

www.vavesports.com

 

INSTAGRAM

@vave_ch

 

FACEBOOK

VAVE Sports and Camps 

@vave.ch