TERMS AND CONDITIONS OF CURL CURL SURF LIMITED
(company number 06058945)
These terms and conditions together with the Booking Form, the Invoice and the content of the Website comprise the contract between the Company and the Client. Should there be any discrepancy between these terms and conditions and any other information forming the contract between the Company and the Client, these terms and conditions take precedent.
1.DEFINITIONS
“Business Days” means all days excluding Saturdays, Sundays and UK bank holidays; the “Booking Form” means the form filled in by the Client when booking a Trip or Event with the Company; the “Client” means the person or persons listed on the Booking Form; the “Company” means Curl Curl Surf Limited (registered number 6058945) For the purposes of the Weekend, this includes the representatives of the Company running the Weekend; the “Confirmation Letter” means any form of correspondence (either by post or e-mail) confirming the booking of the person, persons or company listed on the booking form; the “Cottage” means any accommodation booked by the Company for the Clients; an “Event” means an event organised by the company that is not a Weekend or a Trip; the “Farm” means Little Comfort Farm, Nr Braunton and Weston Farm Near North Petherwin including all outbuildings, cottages and barns; a “Force Majeure Event” means any unusual and unforeseeable circumstance beyond our reasonable control, the consequences of which neither we nor our Suppliers could avoid, examples of which are war, (weather declared or not), hostilities, invasion, act of a foreign enemy, extensive military mobilization, riots, civil strike, civil commotion or disorder, mob violence terrorist attack, industrial disputes, natural or nuclear disaster, fire or adverse weather conditions, level of water in rivers, act of god or other similar events beyond our control; an “Operator” is any person(s) or company providing goods or services to a Client during the course of the Weekend, who is not a Supplier; a “Minor Alteration” is any alteration, not being a Significant Alteration a “Package” means a Weekend, Trip or Event; a “Promotion” means a discount or other benefit offered by the Company or other third parties on behalf of the Company subject to certain conditions being met; a “Significant Alteration” is a change in accommodation, any change to the activities provided during the Weekend or Trip (subject to changes necessary due to the weather or conditions) and/or the failure to provide suitable travel arrangements; “Substantially Delayed” means any delay greater than five hours; “Supplier(s)” means any third party contracted by the Company to provide goods or services to the Clients for the purposes of the Weekend; a “Trip” means a travel package, that is not a weekend, organised by the Company; the “Website” means the content posted at the following domain name - www.curlcurl-surf.co.uk at the time when the contract between the Company and the Client comes into existence. Any external links included on the Website do not constitute the Website and the Company bears no responsibility for the content of any such linked website; and the “Weekend” means: the combination of the travel, accommodation and activities organised by the Company and sourced through Suppliers and third parties.
2.ALTERATIONS TO THE WEEKEND
2.1 Minor Alterations
(a) The Company reserves the right to make any necessary Minor Alterations to the Weekend and is under no obligation to inform the Client of any such Minor Alterations.
2.2 Significant Alterations
(a) Should the Company deem an alteration to be a Significant Alteration prior to the relevant Weekend, the Company will inform the Client as soon as practicable after the Significant Alteration becomes necessary.
(b) Upon being informed of the Significant Alteration, the Client will have the option to: (i) terminate their booking within two Business Days and receive a full refund; or (ii) transfer to an alternative Weekend, subject to availability. In the event that a Significant Alteration becomes necessary during the course of the Weekend and no satisfactory alternatives can be supplied, the maximum compensation available is limited to the net cost of the element of the Weekend not completed.
ALTERATIONS TO A TRIP
2.1 Minor Alterations
(a) The Company reserves the right to make any necessary Minor Alterations to a Trip and is under no obligation to inform the Client of any such Minor Alterations.
2.2 Significant Alterations
(a) Should the Company deem an alteration to be a Significant Alteration prior to the relevant Trip, the Company will inform the Client as soon as practicable after the
Significant Alteration becomes necessary.
(b) Upon being informed of the Significant Alteration, the Client will have the option to: (i) terminate their booking within two Business Days and receive a full refund; or (ii) transfer to an alternative Trip, subject to availability.
(c) In the event that a Significant Alteration becomes necessary during the course of a Trip and no satisfactory alternatives can be supplied, the maximum compensation available is limited to the net cost of the element of the Trip not completed.
.CANCELLATION BY THE COMPANY
3.1 Cancellation due to anything other than a Force Majeure Event
(a) Prior to the Package, the Company reserves the right to cancel the Package or cancel any Client’s booking for any reason whatsoever.
(b) In the event that the Company cancels the Package for a reason that is not a Force Majeure Event, the Client(s) will be entitled to: (i) terminate their booking within two Business Days and receive a full refund; or (ii) transfer their booking to an alterative Weekend, subject to availability.
(c) Should the Company deem it necessary to cancel any booking of a Client(s) due to the actions or conduct of the Client(s) prior to the Package, the Company is under no obligation to provide any refund whatsoever.
(d) Without prejudice to clause 3.1.(c) of these terms and conditions, the Client(s)’s right to compensation will be limited to the full cost of the relevant Package should the Company deem it necessary to cancel the relevant Package or individual Client(s) booking under this Clause.
3.2 Cancellation due to a Force Majeure Event
(a) In the event that the Company cancels a Package due to a Force Majeure Event, the Company is under no obligation to provide any refund whatsoever.
4.ALTERATIONS BY THE CLIENT TO A BOOKING
4.1 General alterations to a booking
(a) Should the Client wish to make any alteration to their booking, the Company must be informed immediately. Should such an alteration result in the Company or its Suppliers incurring further costs, this cost will be borne by the Client.
4.2 Transferal of a booking
(a) If the Client is unable to make the Package, the Client may transfer their booking to another person (the “Transferee”) provided that the Transferee: (i) meets any conditions which may apply to the Weekend or Trip; (ii) completes the relevant booking requirements as detailed in the Website; and (iii) is approved by the Company. (the “Transfer”)
(b) The Client is responsible for reclaiming any money previously paid to the Company from the Transferee. Any administrative charges or additional costs as a result of the Transfer, whatever they may be, will be met by the Client.
(c) Wherever practicable, a Transfer can be made up until the date of departure, subject to the Company’s approval. The Company is under no obligation to approve a Transfer.
5 CONDUCT OF THE CLIENT DURING THE WEEKEND OR TRIP
(a) The Company expects the Client to conduct themselves in an appropriate and responsible manner for the duration of the Weekend or Trip.
(b) Without limitation to the generality of Clause 4(a), the Company requires each Client: (i) to treat other Clients, the Company’s representatives, the Company’s Suppliers, and any other third party with respect and not cause distress, damage, danger or annoyance to those people mentioned in this subparagraph, or any property in any way; (ii) to act responsibly when at the Farm, including being respectful to the animals and any other guests staying on the Farm; (iii) not to make a noise outside the Cottage after 11 p.m. and be considerate of the noise levels generally when on the Farm; (iv) to drink alcohol responsibly and in particular not to venture into the sea under the influence of alcohol; and (v) to wear seatbelts when traveling in any vehicle used by the Company during the course of the Weekend.
(c) The Company reserves the right to cancel the booking of any Client(s) without notice at any time during a Weekend or Trip should the Company, in its absolute discretion, deem the conduct or behavior of any Client(s) to be below the standard of that described in Clauses 5(a) and 5(b).
(d) Should the Company cancel the booking of a Client(s) under this clause, the Company is under no obligation whatsoever to offer any refund, pay any compensation, or cover any costs the Client(s) may incur following the cancellation.
6.THE COMPANY’S LIABILITY
(a) The Company’s obligations and those of any Suppliers or Operators involved in a Weekend or Trip are to provide goods and services with reasonable care and skill.
(b) Where the Client does not suffer death or personal injury the Company accepts liability should any part of the Weekend not be as described on the Website.
(c) Subject to Clause 6(d) and 6(e), the Company will pay the Client an appropriate amount compensation, taking into account the element of the Weekend affected and all the other relevant circumstances. Should the Client receive any sums from a Supplier or Operator, the Company will deduct this from any additional compensation paid by the Company.
(d) The Company excludes liability for death, personal injury, damage or loss that the Client may suffer, directly or indirectly, in connection with the Weekend or during the course of the Weekend or Trip that does not occur as a result of the negligence of the Company or Company representatives.
(e) The Company is not liable for any death, personal injury, damage or loss to the Client, third parties or property during the course of the Weekend or Trip that is due to: (i) the Client’s own fault; (ii) the actions of any Operator, Supplier or third party; and/or (iii) any unusual or unforeseeable circumstances or events which neither the Company, nor the Company’s representatives, agents, Suppliers or Operators could have anticipated or avoided even with the exercise of all due care. (f) The Client expressly agrees that any actions or activities undertaken by them during the course of the Weekend not supplied by a Supplier or Operator are performed at the Client’s own risk and the Company bears no liability for any loss, damage, injury or death to the Client, third party or property as a result of such actions or activities. (g) If the Client contracts with any Supplier, Operator or third party during the course of a Weekend or Trip, any rights to compensation or any liability arising out of the provision of goods or services under such a contract, are governed by the terms and conditions of that contract and the Company is not liable for any claims arising out of the provision of goods and/or services under such a contract. (h) Where any claim arises out of loss or damage suffered during the course of road travel or hotel accommodation, the amount of compensation the Client may receive will be limited in accordance with the provisions of any applicable laws and relevant international conventions. (i) The Company’s acceptance of liability in this Clause 6 is conditional upon: (i) the Client assigning, if requested by the Company, any rights that it may have against any of our representatives, agents, Suppliers or Operators in connection with the Weekend; and (ii) the Client adhering to the complaints procedure set out in Clause 9.
7.Exclusion of Liability
(a) Other than as set out above, and as is detailed elsewhere in these terms and conditions, the Company shall have no legal liability whatsoever to the Client for any loss, damage, personal injury or death which the Client suffers directly or indirectly from any aspect of the Weekend.
7.BOOKING AND PAYMENT
(a) Bookings are made by completion of the booking form.
(b) A booking is confirmed when:
(i) the Company receives full payment for the relevant Package; and (ii) the Company sends out an Invoice, at which point a valid and binding contract exists between the Client and the Company.
7.1 Relevant Information
(a) If the Client is aware of any relevant information (including, but not limited to medical information) that should be brought to the Company’s attention, they should detail this information on the Booking Form.
8.COST OF PACKAGE AND CANCELLATION BY THE CLIENT
(a) The cost of each Package is as specified on the Website.
(b) The Client may cancel a Weekend or Trip at any time, provided that the cancellation is communicated to the Company.
(c) Communication should be made to the Company by telephone to the telephone number on the Website and confirmed in writing by e-mail to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .
(d) Following any cancellation by a Client under this Clause 8, the following percentage of the total cost of the Package will be refunded to the Client: (i) should the Client cancel within 56 days or more prior to the commencement of the Weekend or Trip, 50 per cent of the total cost will be refunded; (ii) should the Client cancel within 28-56 days prior to the commencement of the Weekend or Trip, 20 per cent of total cost will be refunded; (iii) should the Client cancel within 21 - 28 days prior to the commencement of the Weekend or Trip, 10 per cent of total cost will be refunded; (iv) should the Client cancel within 20 days prior to the commencement of the Weekend or Trip, or fewer no refund will be offered.
(e) Following any cancellation, if the Package is or becomes fully booked; unless it has already done so, the Company will refund 80 per cent of the total cost of the relevant Weekend to the Client that has cancelled their booking.
"The whole thing was seamless and every last detail taken care of (even the weather!) - first class treatment all the way. Thanks all for a really great weekend." Neil