General terms and conditions
Organizer / service provider of the respective services offered:
Mellowmove LDA, Rua Principal 4, Casais de São Lourenço, 2640-206 Encarnação-Mafra, Portugal, No. De Contribuinte: 509063489
Ineika Funcenter – Siegfried Opitz, Calle Bahia 2, 35660 Corralejo, Fuerteventura, Espana
Busca Vida Agencia de Viagem e Turismo Ltda – Beto Dias, BA099 KM08, Cond. Busca Vida 42C, Abrantes Bahia, Brasil
The following terms and conditions govern the contractual relationship between Mellowmove Austria – Gregor Praher, Josef Boeck Straße 2/8/9, 3390 Melk, Austria – hereinafter also referred to as “Mellowmove” – and the customer – in relation to the travel agency contract that has been concluded. Mellowmove Austria is not a tour operator, but a travel agent.
2. conclusion of a travel contract
By sending the booking request in the online form of the website (only possible after accepting the terms and conditions), the participant (applicant) Mellowmove (in the terms and conditions representative of the respective organizer / management of the booked offer – see above) offers the conclusion of a binding travel contract. It is made by the applicant also for all participants listed in the application, for whose contractual obligation the applicant is liable as for his own obligations. The contract is concluded with the confirmation by Mellowmove. The confirmation does not require any particular form. Immediately after confirmation by the service providers to Mellowmove, Mellowmove will send the applicant the travel confirmation via e-mail. If the content of the travel confirmation differs from the content of the registration, there is a new offer from Mellowmove. The contract is concluded on the basis of this new offer if the traveler declares acceptance within 10 days.
3. payment modalities
After we have received your booking request and checked your desired period for availability, you will receive a link to pay online for your booked stay. You have the option to pay with various credit cards, Apple Pay and Google Pay as well as Sofort-Überweisung. As soon as our system has registered the receipt of your payment, we will send you an e-mail confirming your fixed booking. Furthermore, you will receive a link to our guest portal, where you can view the details and status of your booking at any time.
The service descriptions on our website mellowmove.com apply, as well as the information referring to them in the booking confirmation. Mellowmove expressly reserves the right to make changes for factually justified, significant and unforeseeable reasons before the conclusion of the contract. The traveler will be informed about such changes before booking. Offers in which Mellowmove only mediates the travel service of a third party provider, are identified in the service description. Equipment for participation in courses is provided free of charge to participants. In case of loss or gross negligence, the participant is liable for their current value or equivalent replacement. Arrival and departure are to be organized independently by the travel participants on their own responsibility and are not part of the service of Mellowmove. Offers from third party providers such as flight search, car rental search or travel insurance shown on the website are not products of Mellowmove and are understood as recommendation / linking.
5. service changes and price increases
Deviations or changes to individual travel services from the contractually agreed content of the travel contract, which become necessary after the conclusion of the contract and were not caused by Mellowmove against good faith, are permitted only if the deviations are not unreasonable for the customer or intentional or grossly negligent and do not affect the overall nature of the booked trip. Mellowmove is obliged to inform the customer of changes in performance as soon as possible, unless the changes are merely minor. In the event of a subsequent change in the travel price or a change in an essential travel service, Mellowmove must notify the traveler immediately, but no later than 20 days before departure. Price increases after this date are not permitted.
6. withdrawal by the customer
The customer can withdraw from the trip at any time before the start of the trip. Decisive is the receipt of the withdrawal notice at Mellowmove. The customer must declare the withdrawal in writing or by telex. The cancellation becomes effective from the day it is received by Mellowmove. If the customer withdraws from the travel contract or does not take the trip, Mellowmove can claim compensation for the travel arrangements made and for its expenses. When calculating the compensation, usually saved expenses and usually possible other use of the travel services are to be taken into account. Mellowmove can this claim for compensation taking into account the following breakdown according to the proximity of the time of withdrawal to the contractually agreed start of travel in a percentage ratio to the travel price lump sum: up to 40 days before arrival 50, – EUR, 39 to 14 days before arrival 30% of the travel price, 13 to 8 days before arrival 80% of the travel price, from the 7th day before arrival 100% of the travel price is due. Rebooking requests of the customer will be considered, if possible, and charged with 30,- EUR. treated as a cancellation of the travel contract with costs with simultaneous new registration. Until the start of the trip, the traveler may request that a third party take over the rights and obligations arising from his travel contract. Mellowmove may object to the entry of the third party for good cause. A processing fee of 30,- EUR will be charged for rebookings, there is no claim for rebooking. If a third party enters into the contract, the entering third party and the traveler Mellowmove liable as joint and several debtors for the travel price and the additional costs incurred by the entry of the third party.
In the case of services not used by the customer, even by early return or for other compelling reasons, the tour operator is generally not obliged to refund the already paid travel price or part thereof.
7. withdrawal and termination by Mellowmove
Mellowmove may in the following cases before the start of the trip withdraw from the travel contract or after the start of the trip terminate the travel contract: Without notice, if the traveler disrupts the implementation of the trip despite a warning by Mellowmove or its representatives persistently (eg does not follow the instructions of the course leaders / surf instructors) or if he behaves contrary to contract to such an extent that the immediate cancellation of the contract is justified. If Mellowmove cancels, the claim to the travel price remains. Mellowmove must, however, the value of the saved expenses and those benefits that have been obtained from an alternative use of the services not used, including the income credited by service providers. Up to 2 weeks before departure, if a minimum number of participants is not reached, if a minimum number of participants is mentioned in the travel description for the respective trip. In any case, Mellowmove is obliged to inform the customer immediately after the occurrence of the condition for the non-implementation of the trip and to send him the cancellation immediately. The customer will receive the paid travel price back immediately. If it is already apparent at an earlier stage that the minimum number of participants can not be achieved, Mellowmove has to inform the customer of this.
8. cancellation of the contract due to extraordinary circumstances
If the trip is significantly impeded, endangered or impaired as a result of force majeure not foreseeable at the time of conclusion of the contract, both Mellowmove and the traveler may terminate the contract. If the contract is terminated, Mellowmove may demand appropriate compensation for the travel services already provided or still to be provided for the termination of the trip.
9. liability of the tour operator
Mellowmove is liable as a tour operator / agent within the scope of due diligence of a prudent businessman for the conscientious travel preparation, the careful selection and monitoring of service providers, the accuracy of the travel description in brochures, unless a change has been declared before the conclusion of the contract, the proper provision of the contractually agreed travel services. Mellowmove is liable as a tour operator / agent for any fault of the person entrusted with the provision of services. If, as part of a trip or in addition to this, a transport is provided in scheduled transport and the traveler is issued a corresponding transport pass for this, Mellowmove only mediates outside services. Mellowmove is therefore not liable for the provision of the transport service itself. Any liability in this case is governed by the transport regulations of these companies, which must be expressly pointed out to the passenger and made available to him on request.
The statutory warranty rights apply.
11. limitation of liability
The contractual liability of Mellowmove for damages that are not bodily injury is limited to three times the travel price. For all claims for damages in tort against Mellowmove, which are not based on intent or gross negligence, Mellowmove is liable for property damage up to EUR 2,000.00. If the triple travel price exceeds this amount, the liability for property damage is limited to the amount of three times the travel price. These maximum liability amounts apply per traveler and trip. Mellowmove is not liable for service disruptions in connection with services that are only mediated as external services and which are expressly identified in the travel description. A claim for damages against Mellowmove is limited or excluded to the extent that under international agreements or legal provisions based on such, which are applicable to the services to be provided by a service provider, a claim for damages against the service provider can only be asserted under certain conditions or restrictions or is excluded under certain conditions.
12. duty to cooperate
The traveler is obligated to cooperate within the framework of the legal provisions to avoid or minimize possible damages in the event of service disruptions. In particular, the traveler is obliged to immediately inform the local tour guide of his complaints. Since Mellowmove does not have a local tour guide or agent in most areas, the service disruptions must be immediately communicated to the organizer/agent Mellowmove by telephone or telex. Service disruptions in the area of responsibility of a hotel must first be reported to the hotel management and if the hotel refuses or fails to remedy the situation, then immediately notify Mellowmove by telephone or telex.
13. exclusion of claims and statute of limitations
Claims for non-contractual performance of the tour must be asserted by the traveler against the tour operator within one month after the contractually agreed termination of the tour. After the expiration of this period, the traveler may assert claims if he was prevented from meeting the deadline through no fault of his own. Claims of the traveler become time-barred in six months. The limitation period begins on the day on which the trip should end according to the contract. If the traveler has made such claims, the limitation period is suspended until the day on which Mellowmove rejects the claims. Claims for damages due to bodily injury or death of the traveler become time-barred three years after the end of the trip.
14. passport, visa and health regulations, insurances
Mellowmove will inform the customer about important changes in the general regulations reflected in the travel description before the start of the trip. The traveler is responsible for compliance with all regulations important for the implementation of the trip. All disadvantages arising from the failure to comply with these provisions shall be borne by him, except if they are caused by a culpable misinformation of Mellowmove. Should entry regulations of individual countries not be complied with by the traveler, or should a visa not be issued in time through the fault of the traveler, so that the traveler is therefore prevented from traveling, Mellowmove may charge the traveler with appropriate cancellation fees. Mellowmove strongly recommends that you take out travel cancellation insurance, travel accident insurance and travel health insurance. Information about these insurances is available to the customer upon request.
15 Ancillary Agreements, Ineffectiveness of Individual Provisions
Verbal agreements, side agreements and other assurances of whatever kind (including the change of the written form requirement itself), are only effective if they are confirmed in writing by Mellowmove. The invalidity of individual provisions of the travel contract does not result in the invalidity of the entire travel contract.
16. brokered third-party services
Services of other organizers, which are marked accordingly in the service description, Mellowmove mediates only with the consequence that the travel and terms and conditions of the respective third-party organizer apply. Mellowmove is not liable for the performance of the service itself. Any liability in this case is governed by the provisions of these third-party organizers, which must be expressly pointed out to the customer and made available to him upon request.
17. risk notice and disclaimer for surf courses
The participant declares that he/she is aware that surfing is a sport that involves an adequate risk of injury due to its dynamics and the wave energy of the ocean. Furthermore, the participant hereby declares to accept these risks and to participate in the surf course at his own risk and to refrain from claims for damages in case of injury. To reduce all risks, it is agreed that the participant must unconditionally and immediately follow the instructions of the surf instructors. Non-compliance and risky behavior may result in expulsion from the course.
Participant certifies to meet all health requirements to participate in ocean sports and can swim at least 15 minutes in the open ocean. Any health restrictions, allergies or chronic illnesses (e.g. asthma) must be communicated to a surf instructor before signing the liability waiver. The announcement is mandatory and must be made in advance. Furthermore, the participant takes part in all transport offers within the framework of the booked stay voluntarily and at his own risk.
18. photo and video recording
The participant agrees to be recognizable in photographs or video recordings made during his stay and that these may be published in printed or digital form for marketing purposes by Mellowmove. The consent to this can be revoked by the participant and must be made known before the start of the stay. No claims for possible damages can be derived from a revocation received after the fact.
19. place of jurisdiction
For lawsuits against or by Mellowmove Austria – Gregor Praher is St. Pölten, Austria agreed as a place of jurisdiction. Any action brought against or by Mellowmove LDA shall be subject to the jurisdiction of the courts of Lisbon, Portugal.
Status: November 2022