Booking General Terms & Conditions
Please take the time to read and understand the general conditions indicated below before booking a trip with us, The Ocean Spell. It is recommended that you also read the details included in the dossier related to your trip before booking to make sure you understand the itinerary, the style of travel and the physical demands of the trip you are undertaking.
The Contract between you and The Ocean Spell, described below, is made subject to the following Terms and Conditions (please note that each trip will have its own Particular Terms and Conditions document and that you will have to sign agreeing with the conditions of the trip).
PLEASE DO READ THE UPDATE ON THE COVID-19 CRISIS AND HOW WE HAVE NEGOTIATED FLEXIBLE TERMS.
Booking any of our trips or any custom trip organised by The Ocean Spell implies the total acceptance of these general conditions and particular conditions given with the trip documentation.
The Ocean Spell is an online travel agency, its postal address is:
C/Francisco Rueda Perez nº2-4ºA
Málaga 29007, Spain.
You, the user, declare that you are over 18 years of age, and have the necessary legal capacity to contract the services offered in accordance with these general conditions. In case of contracting by a minor, The Ocean Spell will not be in any case responsible, being at all times the minor, his parents or guardians who will be responsible for the legal consequences and the expenses that may arise from this.
A “product” or “trip” is any service sold and offered by The Ocean Spell, Surf Travel Agency. All clients will be deemed to have read, understood, and accepted all booking conditions upon registering for a The Ocean Spell, travel product.
Applicable regulation and formation of a binding contract
The contractual relationship between the organizing agency and the client is governed by these general conditions, by the particular clauses agreed in the travel contract and by the trip’s technical sheet (dossier) detailing its final content.
The Ocean Spell will confirm your booking only once we receive your deposit in our bank account and have your consent of the booking terms by email accepting all the booking terms, both general and particular of the trip, formalising the contract.
Booking your trip
As a The Ocean Spell customer, you agree to provide The Ocean Spell with complete and accurate information including legal name, ID, mailing address, telephone number(s) and email address, at the time your booking is being formalised and to update this information within 15 days of any change. Providing false information shall be cause for immediate termination of your reservation.
Special requirements (e.g. dietary or medical requirements) must be identified at time of booking, and again at check-in. When you book a product with The Ocean Spell for other people, you accept these terms and conditions for yourself and for the people for whom you book the product. It is your responsibility to inform the other clients and make sure they have read, understood, and agreed to these terms. If you will not use the product that you book, you must provide The Ocean Spell with the contact details of the people who will use the trip.
If The Ocean Spell can not offer the requested trip and offers the consumer an alternative trip, the contract will be perfected if the consumer accepts the change within 48 hours. In case of not accepting such change, the deposit will be returned to the traveler, in 14 days from the date of confirmation of return of money.
These conditions will also be applicable when the consumer requests the preparation of a customized trip.
Your personal details
The remaining amount must be paid when the Particular Terms of the trip specifies in the dossier. It is very important that your final payment reaches The Ocean Spell by the due date to avoid cancellations of bookings and/or services. Please contact us after you have made any payments to verify The Ocean Spell has received the payment. Non payment of the final balance by the due date entitles The Ocean Spell to cancel the booking and any monies paid by the client shall be forfeited. No refund will be made for services not used voluntarily by the guest. If the reservation occurs within two months prior to the departure of the trip, the full payment must be made immediately, that is, at the time of confirmation of the reservation.
The Ocean Spell reserves the right to adjust quotes and invoices so that the client contributes to any additional increases, up to 30 days before the departure date, due to unforeseen and unfavorable changes such as variations in exchange rates, other transport costs, taxes, etc. If the repercussion of these on costs, supposes an increase of the price superior to 10% of the total, excluding costs of insurance of trip, the client will be able to cancel the reserve in the 14 following days to the notification of increase of price and to obtain the complete return of the price that until that moment had satisfied.
The price of the trip is always per person and includes everything that is expressly mentioned in the dossier of each trip. The price of the trip does not include: visas, flight tickets, airport taxes, and / or entry and exit fees, vaccination certificates, tips, management and issuance expenses, extras, all kinds of alcoholic beverages, in general, any service not expressly included in the dossier, in the contract or in the documentation that is delivered to the client when subscribing.
Tips: Tips are not included in the price of the trip. The client is informed that in certain destinations the tip becomes practically obligatory.
Optional activities and excursions
Any activity not specifically identified as included in the purchase price is an optional activity or excursion. These activities may be inherently risky. If you choose to book these optional activities, you must be fit enough to engage in them. Booking an optional activity will be subject to the operator’s terms and conditions and under local law. These activities are conducted under the standards of health and safety of the countries where the activities take place, but these standards may not be equivalent to EU or US standards. This is an inherent risk of travel, and you acknowledge this fact. The Ocean Spell accepts no liability for any act or omission of any of these operators, and any claim you may have in relation to these optional activities and excursions will be against the local operation, and not The Ocean Spell.
Respect the rules/traditions/regulations of the country of destination
In the event that it does not notify, or commits any illegal act that may cause danger or discomfort to the other members of the group, the company may resolve the relationship between the client (the contract) without right of claim and/or return for the guest. Remaining the business, safe from actions and / or claims that the rest of travelers would like to make against the offender of the rules of the trip.
The Ocean Spell reserves the right of admission and expulsion, if necessary, to any person who, due to their disruptive actions, could disrupt the smooth running of the trip and the coexistence of the group.
The traveler expressly exempts The Ocean Spell from any liability, claim, contingency or obligation that may be incurred personally and / or against third parties due to eventual, presumed and / or proven breaches of legislation or regulations of any kind in force in the country of destination. Manifesting the guest for that purpose, knowing its obligation to that respect and its firm and express will to comply with it in all its scope.
Due to the intention to get immersive trips and to deepen in the populations visited, it can not be guaranteed that the conditions of the services (hotels, boats, facilities, transport, roads, food, …) have the same quality in all destinations. Some of these aspects will be unavoidable because they are inherent to the country or region visited, without this entailing a claim for failure, lack or anomaly since the conditions will be part of the characteristics of the destination. Most of our trips are to developing countries, with their own traditions, rules, and ways of doing things, as well as in wild locations, such as jungles or areas where there are plenty of insects.
Cession of the booking, in group trips
1.- The traveler may assign his/her reservation of the trip to a person who meets all the conditions required for it, and must be approved by The Ocean Spell.
2.- The cession must be communicated in durable support to the organizer at least seven calendar days before the start of the trip, and must be confirmed by The Ocean Spell in durable support to the clients involved.
3.- Assignor and assignee will be jointly and severally liable for the amount pending payment of the agreed price, as well as commission, surcharge or other additional costs derived from the assignment.
The costs will not exceed the costs actually incurred by the organiser due to the assignment, who will provide the assignee with the proof of the charges derived from the transfer.
4.- Make sure that the trip is not subject to special conditions that do not allow the assignment.
Cancellation by the client
At all times, the user or consumer may withdraw from the services requested or contracted, being entitled to the refund of the amounts paid, applying a surcharge as detailed below. The following cancellation terms will apply, except for specific mentions in the description of the selected trip (see Particular Conditions Terms of the trip):
- With more than 20 days before departure, and 20 days after contracting the trip: management fees, cancellation fees, if any, and a penalty of 5% of the total amount of the trip will be paid.
- Between 10 and 20 days before departure: management fees, cancellation fees, if any, and a penalty consisting of 10% of the total amount of the trip will be paid.
- Between 3 and 10 days before departure: management fees, cancellation fees, if any, and a penalty consisting of 20% of the total amount of the trip will be paid.
- Within 48 hours of the day before departure: the amount that results from the price of the combined trip minus the cost savings and the income derived from the alternative use of travel services.
- To the amounts accrued by the previously agreed percentages, the traveler must also pay for tourist services that are subject to special conditions that do not allow reimbursement of the amount paid for such concept.
However, when there are unavoidable and extraordinary circumstances in the place of destination or in the vicinity that significantly affect the execution of the trip, the traveler has the right to terminate the contract without penalty, and will be reimbursed the payment made.
The traveler is entitled to be reimbursed for all payments without additional compensation when the organiser cancels:
a) if the number of travelers is less than that specified in the contract and the cancellation has been notified:
In the 20 calendar days before the start of the trip if the trip lasts more than 6 days.
In the 7 calendar days before the start of the trip if the trip lasts between 2 and 6 days.
In the 48 hours before the start of the trip if the trip lasts less than 2 days.
b) If the organizer can not execute the contract due to unavoidable and extraordinary circumstances and the cancellation is notified to the traveler without undue delay before the start of the trip.
The refund, when appropriate, will be made without delay and within a period not exceeding 14 calendar days from the termination of the trip.
Failure to show up at the exit, the traveler is obliged to pay the total amount of the trip, paying, if necessary, the outstanding amounts unless otherwise agreed between the parties.
Some trips (like our surf boat trips) are subject to special and specific cancellation conditions. In the event that the program includes boats, cruises, circuits or other services subject to special economic conditions, the amount of the cancellation expenses could be up to 100% of the total price of the trip regardless of the days in advance of the cancellation.
In case of surf and / or yoga trips, they are subject to special contracting conditions. The cancellation of a surf trip by the client could lead to cancellation costs of the total amount of the trip if no substitute client was found for the canceled seat, since the cancellation could put the trip at risk, due to the special conditions of contracting of this type of expeditions. These cancellation fees may include the total amount of air or sea services, surf courses, special packages, since the conditions required by the operators of these services outside the travel agency are not reimbursable, becoming an expense for the travel agency for the contracting of such services, so these amounts must be charged to the client.
In the detailed documentation of the trip, the cancellation conditions that apply are always mentioned.
All cancellations must be made in writing and taken from the time at which the request in writing was received by The Ocean Spell.
Note of the company: we highly recommend clients to purchase a comprehensive travel insurance policy with CFAR terms (Cancel For Any Reason).
Cancellation of the trip by the company
In the event that the cancellation arises from the lack of customers to complete the minimum group of participants, the company reserves the right to cancel by notifying it with a minimum of 20 days before the departure date of the trip, which will mean the return full of the amount paid by the client. When a trip is canceled by the company, the client can choose between the total refund of the amount paid or choose another trip from among those offered by the company. The company is not responsible for the expenses that may arise from the reservation such as visas, vaccinations, connection flights or loss of fun, etc. Upon cancellation by the company, the client may choose to terminate the contract without any penalty, that is, with full refund of the amounts that until then had paid or accept a modification of the contract proposed by the company where they are needed the variations introduced and their impact on the price. The consumer must communicate the decision that he adopts to the company within three days after being notified of the cancellation by the company. For these purposes, the phone and/or email given by the client when accepting the offer and the start date of the period indicated is that of the date of reception of the communication by the client. If the trip proposed by the company is lower cost than originally booked, the difference will be returned to the client. If the trip has a higher cost, then the customer must pay the difference.
There will be no obligation to compensate in the following cases:
- When the cancellation is due to the fact that the number of people registered for the trip is lower than the required and thus written communication to the client before the deadline set for this purpose in the contract. In this case, the company will only be obliged to return the reservation of the trip paid by the client in full.
- When the cancellation of the trip, except in cases of excess reserves, is due to reasons of force majeure, meaning those circumstances beyond the invoking, abnormal and unpredictable whose consequences could not have been avoided, despite having acted with the due diligence.
No use of services
There will be no discounts or refunds for the loss or non-use of services due to the voluntary or involuntary termination of the trip, for example, illness, death of a family member, etc.
Note of the company: our trips include a cancellation insurance, please check the conditions.
Changes made by the company
Change of destination/trip by client
Failure to provide services
In the event that, after the departure of the trip, The Ocean Spell does not provide or verify that it can not supply an important part of the services provided in the travel documentation, it will adopt the appropriate solutions for the continuation of the trip, without any additional price and, where appropriate, pay the client the amount of the differences between the benefits expected and those provided. If the client continues the trip with the solutions given by The Ocean Spell, it will be considered that he/she accepts these proposals tacitly. If the solutions adopted by The Ocean Spell are unfeasible or the consumer does not accept them for reasonable reasons, the company must provide the guest, without any price supplement, with a means of transport equivalent to that used in the trip to return to the place of departure or to any other both have agreed, without prejudice to the compensation that may be appropriate.
In no case, everything not included in the package travel contract, (such as, for example, transport tickets from the place of origin of the passenger to the place of departure of the trip, or vice versa, hotel reservations in days before or after to the trip, etc.) will be the responsibility of The Ocean Spell, there being no obligation to compensate for those possible expenses of independent services. If the transfers / assistance of the hotel-airport or vice versa or other similar, included in the offer, were not met, mainly for causes alien to the transfer operator and not attributable to The Ocean Spell, the company will reimburse the amount of the alternative transportation used by the client in the trip, upon presentation of the corresponding receipt or invoice.
Although all the attention has been paid to reviewing the contents of the website, the company will not be responsible for errors, unintentional omissions that may appear. The client knows and accepts that the nature of the trip is of an adventure and surf and that it may involve a relevant personal risk. The client, aware of the official recommendations of the Ministry of Foreign Affairs and Cooperation and the Ministry of Health, Social Services and Equality of the Government where he/she resides, assumes and accepts this risk and excludes the company from any claim related to damages or even death arising from this inherent risk.
The Ocean Spell will respond to the client, depending on the obligations that correspond to them for their respective scope of travel management, for the correct fulfillment of the obligations derived from the contract, regardless of whether they are to be performed by them or by other service providers, and without prejudice to the right of The Ocean Spell to act against such service providers. The Ocean Spell states that assumes the functions of organization and execution of the trip. The Ocean Spell will be liable for the damages suffered by the client as a consequence of the non-execution or deficient execution of what is included in the contract.
Such responsibility shall cease when any of the following circumstances occur: 1. When the defects observed in the execution of the items included in the travel documents are attributable to the customer. 2. When such defects are attributable to a third party that is not involved in the provision of the services envisaged in the contract and that are unforeseeable or insurmountable. 3. When the aforementioned defects are due to reasons of major force, understanding as such those circumstances unrelated to the party invoking them, abnormal and unforeseeable whose consequences could not have been avoided, despite having acted with due diligence. 4. When the defects are due to an event that the company, despite having put all the necessary diligence could not foresee or overcome. However, in cases of exclusion of liability for any of the circumstances provided in numbers 2, 3 and 4, the company will be obliged to provide the necessary assistance to the consumer who is in difficulties.
The Ocean Spell shall not be responsible or liable for any death, disability, injury, damage, liability, loss, cost, expense, delay, inconvenience and/or loss of enjoyment which is or may be suffered or incurred by you or any other person or corporation caused or contributed to directly or indirectly by or arising from or in connection with:
a) any force majeure or other events beyond The Ocean Spell`s control, including but not limited to war, civil disturbance or unrest, terrorism, acts of government or any authorities, weather, tsunami, earthquake, wind, fire, flood, strikes or industrial action, illegal activities, accidents, failure of transport carriers, machinery or equipment;
b) the inability of The Ocean Spell, tour operators, charter operators, hoteliers or carriers to comply with any special request relating to age, medical conditions, physical ability or disability, dietary requirements, allergic conditions or smoking or non-smoking accommodation or seating;
c) negligence by, delay in or cancellation of services or any other act or omission of any airline, charter boat operation, land operator, transfer company or any other persons or company providing goods or services in respect to your booking arrangements; and/or
d) you or any other person contravening or failing to comply with any laws, notices, instructions, tour information or itinerary provided by any Government, regulatory authority, tour operators, charter operators, hoteliers or carriers or otherwise any other act or omission of you or any other person, including being affected by alcohol or drugs, engaging in dangerous behavior, being reckless, not taking adequate precautions or due personal care or otherwise entering into situations exceeding your or any other person’s abilities.
The Ocean Spell is an agent for and is not itself an airline, transport carrier, resort or hotel owner or operator, boat owner charter or operator, transfer company or otherwise (a “Service Provider”) and as such has no control over any services or product provided by such Service Providers. You and your travel arrangements are subject to the terms and conditions and limitations of liability imposed by all Service Providers utilized by you, whether or not written notice thereof has been provided or shown to you.
Neither The Ocean Spell nor any of its representatives shall be liable to you or any other person in the event that, due to any reason whatsoever, satisfactory surf is not available, perceived or expected climatic patterns or oceanic occurrences do not occur, the surf is of too great a magnitude or is beyond your capabilities or comfort zones, or atmospheric or oceanic visibility is impaired or any sporting or leisure activity is too dangerous or is restricted, or too crowded. These matters are solely at your risk and you engage in all activities at your own choice at all times. The Ocean Spell and its Service Providers are not required to assess or monitor your capabilities or participation in any such activity nor advise or update you on any such matter.
It is the responsibility of each client to check all details of their itinerary against their instructions and advise The Ocean Spell within a reasonable time of any errors or discrepancies. If The Ocean Spell does not receive notification of any errors or discrepancies, it will be assumed that all details are correct. All corrections requested not within a reasonable time or after the payment of any trip segment will be treated as a change to the booking and may incur consequential fees.
The Ocean Spell does not warrant, and is in no way responsible for the accuracy or completeness of any information given or statements made or implied by any employee, contractor, agent or representative of the company or any of its Service Providers.
Surf/snorkel/yoga accident liability
Claims must be made to the trip organizer, the prescription period is two years.
When the trip is made by cars, coaches “vans” or similar contracted by the company, directly or indirectly, in case of accident, whatever the country where it occurs, the customer must submit the relevant claim against the carrier entity in order to safeguard, in its case, the indemnification of the insurance of this one, being helped and advised gratuitously in such managements by The Ocean Spell.
Client´s duty to limit damage
The consumer is obliged to take the measures that are necessary and / or adequate to try to reduce the damages that may arise from the non-execution or defective execution of the contract to prevent it from becoming worse. The damages that derive from not having adopted such measures will be the responsibility of the traveler.
Passports, visas and documentation
It is the sole responsibility of the customer to ensure proper and valid documentation.
The Ocean Spell requires every customer to have a valid form of government issued photo ID. Most destinations require a valid passport for travel and in certain cases a visa or affidavit may be required. Please verify with the consulate or embassy of the country of travel to ensure that you have all necessary travel documents. Please note that entry to another country may be refused even if the required information and travel documents are complete. The Ocean Spell will neither reimburse nor assume responsibility for any customer denied boarding or refused passage or entrance to any destination for any reason.
All customers without exception, (children included), must carry in order their personal and family documentation, (ID, passport, visa and the relative to sanitary formalities), according to the laws of the country or countries that are visited or in transit. It will be on their account when the trips so require the obtaining of visas, passports, vaccination certificates, etc. If the granting of visas is rejected by any Authority, for particular reasons of the user, or its entry into the country is denied due to lack of requirements that are required, or by defect in the required documentation, or because he/she doesn’t have the documentation with them at the time of the request, The Ocean Spell declines all responsibility for acts of this nature, being on behalf of the client any expense that originates, applying in these circumstances the conditions and rules established for the cases of voluntary withdrawal of services.
Children under 18 years of age must have written permission signed by both parents, by the parent who has custody or guardian, in anticipation that it can be requested by any authority.
The client should pay locally for any additional services not included in the original contract and which are offered and organized by the provider at the destination.
For residents of Spain, the services hired can include a specific insurance for wave sports (surfing, bodyboarding or SUP). Clients who do not reside in Spain should purchase such insurance in their country of origin.
By hiring the services, the client recognizes that he or she is fully fit to practice these sports, and The Ocean Spell cannot be held responsible, without prejudice to the general rules, for any situations which might arise from the practice of these activities.
The guests will not be able to board our trips without such insurance policy, it is mandatory to join our trips.
Other complimentary information
When the client is going to conduct/undertake special activities that by their nature carry additional risks not included in the established Insurance, The Ocean Spell declines all responsibility and advises to individually subscribe licenses through federations or specific insurance for the activity to be performed.
The photographs and maps reproduced in the program-brochure are intended only to provide more information to customers. In case of any modification, it can not be considered as deceptive advertising by The Ocean Spell.
Sometimes the authorities of some countries modify upwards, unilaterally, some entry fees, exit fees, or visits that were already included in the initial budget. These differences, if they occur, will be paid directly by the travelers.
Legislation and jurisdiction
The parties expressly waiving their own jurisdiction are subject to the resolution of any litigation that may arise to resolve the discrepancies or claims that arise in the interpretation or execution of this contract, to the Courts and Tribunals of Malaga.
Any disputes arising from this contract shall be governed by and construed in accordance with Spanish law and subject to the exclusive jurisdiction of the Courts of the Kingdom of Spain. The customer and The Ocean Spell must attempt to settle any and all disputes through negotiation before bringing any matter to court.
The Terms & Conditions both General and Particular, constitute the entire legally binding agreement between The Ocean Spell and the customer and/or the legal parent or guardian and supersede all prior or contemporaneous communications whether electronic, oral or written. The invalidity of any provision contained herein does not affect the validity of any other provision listed.
Should any part or clause of the current General Conditions come to be rendered null or void, the other clauses will remain in force and their global validity will not be affected, unless it is possible to conclude that the parties would not have agreed to the rendering of services or the provision of the product had they been aware of the nullity or inefficacy of the clause in question.
- The remaining special conditions will be posted on the website and referred to in the proposals of each individual package – specific conditions – which are part of the tour contract.
- The present general conditions can be complemented by any other specific conditions so long as these are agreed upon by both parties.
- The program prices are based on the average value of the dollar, so any relevant change in this currency can imply a revision of the prices under the terms referred to in “Price Changes”.
- Due to the constant fluctuation in oil prices, there might be changes to the fuel supplement included in the price, according to the terms referred to in “Price Changes”.
- The hotel and boat categories on the website and in the proposals follow the quality regulations of the host countries and may be changed for similar hotels or boats if, for reasons not attributable to the agency it is not possible to keep or to confirm an existing reservation. In these situations the agency is obliged to inform the client as soon as this situation presents itself.
- When the “Openboats” suffer malfunctions the operators will do whatever possible to resolve the malfunction as quickly as possible. The group will be taken to the peaks using the support boat during the time it takes for the repair. If the time necessary for the repair exceeds 48 hours the agency and the local provider will try to find an alternative boat with similar characteristics. If no alternative boats are found the agency will try to place the clients in a Guest House or accommodation equivalent to the category of the boat which had been reserved. If no alternatives are available, or if it is in the interest of the clients, the client will be reimbursed for the days of the program which were not used.
Use of graphic material
Date of edition: December 23 2020.