// PROVIDER OF CAMP BOOKINGS
Mellowmove LDA, Rua Principal 5, Casais de São Lourenço, 2640-206 Encarnação-Mafra, Portugal, No. De Contribuinte: 509063489
Ineika Funcenter – Siegfried Opitz, Calle Nuestra Senora del Pilar 3. 35660 Corralejo, Espana
Busca Vida Agencia de Viagem e Turismo Ltda – Beto Dias, BA099 KM08, Cond. Busca Vida 42C, Abrantes Bahia, Brasil
// WEBSITE, PROMOTION AND AGENCY
Mellowmove Austria – Gregor Praher, Josef Boeck Straße 2/8/9, A – 3390 Melk, Austria, UID: ATU68049015
1. Conclusion of travel contract
With the client’s booking using the online form of the website (only possible if accepting the general terms and conditions) the client agrees to enter a binding travel contract with Mellowmove (substitutional for the according provider of the booked offer – see above). The booking is for the client as well as for all the people travelling with the client. The travel contract comes into effect with the issue of Mellowmove’s acceptance. The form of this acceptance does not have to comply with any particular standard. Directly after receiving confirmation from the provider Mellowmove will issue and send a written confirmation to the client via email. If the details in the confirmation differ from those of the booking Mellowmove is providing a new offer. The contract comes into effect on the basis of the new offer, if the participant accepts the new offer within the 10-day deadline.
As a rule, the full course or invoice amount has to be transferred to a Mellowmove bank account, as stated in the invoice, 2 weeks before commencement of travel the latest. Travel documents are handed over at the time of booking. Mellowmove will issue no separate statement at the receipt of payment.
The service descriptions are applicable according to our website mellowmove.com as well as the respective catalogue and the to it referring information found on the booking confirmation. Mellowmove expressly reserves the right to make changes for objectively justified, substantial and unforeseeable reasons, prior to the conclusion of the contract. The participant will be informed of such changes prior to conclusion of the contract. Deals in which Mellowmove solely arranges the travel service for a third-party will be indicated in the service descriptions. The equipment needed for taking part in courses will be provided to participants free of charge. The participant shall be liable for their value or equivalent replacement in case of loss or grossly negligent treatment. Arrival and departure are to be organized by the tour participants independently under their own responsibility and are not part of Mellowmove’s service, but may be mediated at explicit request.
4. Changes to travel services and prices
Any significant changes or amendments made to holiday services specified in the original travel contract that may become necessary after conclusion of the contract, and are not due to actions on the part of Mellowmove involving a breach of good faith, are permissible only to the extent that they are of minor significance and do not impair the overall nature of the holiday booked. Mellowmove is to inform the traveller about any significant changes to the holiday services as soon as the reason for any changes becomes known, provided the changes are not minor. In case of retrospective change of price of the travel or amendment to an essential travel service, Mellowmove shall inform the traveller immediately, but no later than 20 days prior to commencement of travel. Price increases within the last 20 days before start of the holiday are not permitted.
5. Cancellation by traveller
The client may cancel the travel contract any time prior to travelling. The receipt of a cancellation notice by Mellowmove is crucial. The client must declare his withdrawal in writing or by telex. The cancellation will take effect from the date of the receipt by Mellowmove. If the client withdraws from the travel contract or fails to undertake the holiday, Mellowmove is entitled to demand compensation for making the travel arrangements and the costs and time spent (cancellation charges). The scaled, flatrate cancellation charges are worked out on a pro-rata basis according to the proximity of the date of cancellation to the date of the contractually agreed start of the holiday taking due account of normally saved expenditures and customary possible alternative use of the unused holiday services and components. Standard charges: – more than 40 days before arrival 50,– EUR, – up to 14 days before arrival 30%, any time later 80% of the total holiday fee, – from 7th day before departure 100% of the holiday fee. Changes to bookings/amendments requested by the client will be made, as far as this is feasible, and are charged with 30,– EUR and are handled like a chargeable cancelation of the travel contract with simultaneous novel booking. Until the time of commencement of travel the client can request the rights and duties in accordance with the travel contract to be assigned to a third party. Mellowmove must be notified accordingly. Mellowmove can object to a third party substituting the client for major cause. Mellowmove is entitled to charge a handling fee of 30,– EUR for amendments. Entitlement to transfer does not exist. The client and the third party taking his/her place are jointly liable for the costs of the holiday and the costs incurred as a result of the inclusion of the replacement party.
6. Cancellation and termination through Mellowmove
Mellowmove can cancel the holiday contract prior to the commencement of travel or terminate the holiday contract any time after the start of travel in the following cases: Without notice, if the traveller continues to misbehave despite proper admonishment by Mellowmove or the travel operator (e.g. does not follow the instructor’s instructions) or if the traveller’s conduct grossly violates the terms of the contract to such an extent that immediate termination of the contract is justified. In the above cases Mellowmove has the right to retain the price of the holiday. Mellowmove must make due cost adjustment to take into account the value of any saved expenditures as well as such benefits profited from for components not consumed by the traveller and put to other meaningful use or any refunds received from service providers. Until 2 weeks before the start of travel, in the event of there being less than the minimum number of participants as specified in the relevant description of services and the holiday confirmation. In any case, Mellowmove is obliged to inform the client as early on as possible as it becomes apparent that the travel will not take place and must provide the client immediately with the notice of cancellation. The client will be immediately refunded the price paid for the holiday. Mellowmove will inform the client to the earliest possible point in time if the minimum number of participants can not be reached.
7. Cancellation of the contract due to extraordinary circumstances – force majeure
If the travel is substantially obstructed, jeopardized or impaired as the result of force majeure not foreseeable when the agreement was entered into, then both Mellowmove and the client may give notice to the travel contract simply under these provisions. If the contract is cancelled Mellowmove is entitled to demand reimbursement for already consumed services or for still to be rendered services in order to complete the travel. Furthermore, Mellowmove is obliged to take the necessary measures, in particular if the contract includes return transportation, to return the traveller. The extra costs for repatriation are shared equally between the parties. In other cases the traveller bears the costs of repatriation.
Mellowmove is liable as a travel operator/agent under the duty of care of a prudent businessman for the conscientious preparation of the travel, the careful selection and monitoring of service providers, the correctness of the travel descriptions in brochures, provided a change has not been declared prior to conclusion of the contract, and the proper provision of the contractually agreed travel services. Mellowmove is liable as a travel operator/agent for any fault of persons entrusted with rendering services. If during a travel, or in addition to, regular service transportation is provided and the passenger is issued a corresponding ticket, Mellowmove acts as agent only, mediating third-party services. Therefore Mellowmove is not liable for the performance of the transportation service itself. Transportation is provided on the basis of the terms and conditions of transport of the respective transport provider.
The statutory warranty rights apply.
10. Limitation of liability
Mellowmove’s contractual liability for damages other than personal injury is limited to three times the travel price. For all tortious damage claims against Mellowmove that are not based on intent or gross negligence, Mellowmove is liable for property damage for up to EUR 4,000.00. If the triple travel price exceeds this amount the liability is limited to three times the travel price. The maximum liability applies per travelling person and travel. Mellowmove is not liable for default in connection with services for which Mellowmove acted solely as travel agent for third-party services and which have clearly been identified as such in the tour description. Claims for damages against Mellowmove can be restricted or excluded, according to international agreements or statutory provisions based on such, which are to be applied to services provided by a funding agency, where a claim for compensation of damages against the funding agency is restricted to certain conditions or restrictions or is excluded under certain circumstances.
11. Obligation to co-operate
The traveller is obliged to cooperate in disruptions of services in accordance with statutory provisions, to avoid possible damages or to minimize such. The traveller is in particular obliged to report any complaints immediately to the local travel management. Since Mellowmove has no local guides or agents in most areas, Mellowmove (the organizer/retailer) must be informed by telephone or telex immediately. Disruption of services in the area of responsibility of the hotel first has to be conveyed to the hotel management and if the hotel denies or fails to provide action Mellowmove has to be informed immediately by telephone or email.
12. Exclusion of claims and limitation
The traveller has to make claims for non-contractual provision of a travel, against the tour operator, within one month after the contractual completion of travel. After this period, the traveller may assert claims if he was hindered to meet the deadline without fault. Any claims of the traveller are limited to six month. The period begins with the day on which the travel should end according to the contract. Has the traveller asserted such claims the limitation period is suspended until the date on which Mellowmove rebuts the claims. Claims for damages for injury or death of the traveller expire three years after the completion of travel.
13. Passport, visa, and health requirements, insurance
Mellowmove will notify the client of any important changes to the general regulations stated in the travel descriptions before the start of the travel. The traveller alone is responsible for complying with all regulations necessary to participate in the holiday. Any negative consequences arising from non-compliance with these regulations are the traveller’s responsibility, with the exception of consequences due to culpably incorrect or deficient information provided by Mellowmove. Mellowmove will notify the client of any requirements concerning passport, visa and health regulations. The client confirms the receipt of such information with his/her signature on the application. Nationals without Austrian citizenship must contact the respective embassy/consulate of the destination country.If the traveller does not meet the entry requirements of individual countries, or if a visa is not issued in time due to the traveller’s fault, leading to the traveller being unable to travel, Mellowmove may charge the traveller with corresponding cancellation fees. Mellowmove recommends taking out travel cancellation insurance as well as an insurance that covers repatriation costs in the event of accident or illness. Information about insurances is issued upon request.
14. Subsidiary agreements, invalidity of any provision
Verbal agreements, side agreements and other assurances of any kind (including the change of the written form itself), are only effective if confirmed in writing by Mellowmove. The invalidity of individual provisions of the holiday contract does not affect the validity of the overall holiday contract. These general terms and conditions apply regardless of the agreed on travel contract with Mellowmove constituting a travel agreement pursuant to §§ 651a ff. BGB.
15. Mediated third-party services
Mellowmove mediates services of other institutions that have been highlighted as such in the specification of services only with the result that the travel and business conditions of the respective third party operator apply. Mellowmove is not liable for the provision of the service itself. Any liability in this case is in accordance to the terms and conditions of the third-party operator, which shall be expressly pointed out to the client and made accessible on demand.
16. Note on potential risks and exclusion of liability for surf lessons
The participant of a surf course acknowledges the potential injury risk surfing involves, through its dynamic as a sport and the wave’s energy of the ocean. Furthermore, the participant declares to accept these risks knowingly, to participate in the surf course at his/her own risk and to refrain from compensation claims in the event of an injury. To reduce all potential risks it is agreed that the participant is to follow the surf instructors’ instructions unconditionally and immediately at all times. Non-compliance and risky behaviour can cause exclusion from the surf course. The participant affirms to meet all health requirement needed to practice sports in the ocean and confirms to be able to swim at least 15 minutes in the open sea. Any health restrictions, allergies or chronic diseases (i.e. asthma) have to be disclosed to a surf instructor prior to signing the exclusion of liability. The discloser of such is obligatory and has to take place prior to commencement of the surf course. Furthermore, any participation in transportation provided in the course of the booked stay is voluntarily and at own risk.
17. Place of jurisdiction
For actions against or by Mellowmove Austria – Gregor Praher St. Pölten, Austria is place of venue. For actions against or by Mellowmove LDA place of venue is Lisbon, Portugal.
Printed: February 2015