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Termini e condizioni di vendita

Terminos y condiciones de venta (ES) | Terms and conditions of sale (EN) 

 

These General Terms and Conditions (hereinafter referred to as the «Terms») provide important information about the operation of our services, your legal rights, remedies, requirements, limitations and restrictions, a clause relating to jurisdiction and litigation, and obligations to comply with applicable laws and regulations. The services include all the services of the Sports Club.
Fuerte Tribu allows online reservations for all services (hereinafter referred to as the «Service» or «Services») through this website. The Service may be accessed on www.fuertetribusurf.com (the «Website») and through any other website through which Fuerte Tribu makes such Services available. By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms, regardless of whether you become a registered user of the Service. These Terms constitute a binding agreement between you and Fuerte Tribu. If you do not agree to these Terms, you will not have the right to obtain information or continue to use the Site or the Service. Failure to comply with these Terms when using the Site may result in civil and criminal penalties against you.
If you are using the Site or the Service, the party with whom you are entering into the contract is Club Deportivo Fuerte Tribu with registered office at Calle Galicia n. 6, Corralejo, 35660 Oliva (LA) – Palmas (LA), VAT number: G76054550.
Certain areas of the Site, as well as your access to or use of certain aspects of the Service, may have different terms and conditions or may require you to accept and agree to additional terms and conditions. If there is a conflict between these Terms and the terms and conditions posted for a specific area of the Site and the Service, the latter shall take precedence with respect to the use of or access to that area of the Site and the Service to be part of it
You acknowledge and agree that by accessing or using the site or Services, you indicate that you have read and understood and agree to be bound by these terms, regardless of whether or not you are registered with the site. If you do not agree to these terms, you have no right to access or use the site, the Service, or the contents.
If you accept or agree to abide by these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind such company or other legal entity to these Terms and, in such case, «you» and «His» shall refer to and apply to that company or other legal entity.
Fuerte Tribu reserves the right, in its sole discretion, to modify the Site or Services or change these Terms, including fees for the Services at any time without notice. In the event that we change these Terms, we will post such changes on the Site or notify you of the change. We will also update the «Last Updated Date» at the beginning of these Terms. By continuing to access or use the Site or Services after posting a change to the Site or submitting notification of a change, you indicate that you agree to be bound by these amended Terms. If you find such changes unacceptable, your sole remedy will be to stop using the Site and Services in question.
The failure of Fuerte Tribu to enforce any right or provision of these Terms shall not constitute a waiver of the future exercise of this right or provision. The waiver of this right or provision will only be effective if it is processed in writing and signed by a duly authorized representative of Fuerte Tribu.
2. The services of the surf lessons in Fuerteventura
The surf lessons services take care of the organization and provision of professional surf courses and surf camp packages (which do not include accommodation) for any level and age on the island of Fuerteventura.
2.1 Basic requirements
To access the services of the «Surf Academy» and the «Surf Camp» of Fuerteventura, he claims to be physically fit and able to swim. He also confirms and declares from a medical point of view that there is nothing to prevent him from practicing the sport of surfing. Regarding adapted surf courses, clearly the requirement is not valid. In this case, you must contact the office directly to evaluate each specific situation.
2.2 Class material
You must make reasonable use of Fuerte Tribu’s technical material provided for temporary use and accept responsibility for the replacement of any material lost or damaged by your negligence or misuse. Any materials that are replaced must be paid at market value and appraised by Fuerte Tribu. In the case of damaged material, it becomes your property.
2.3 Irresponsible behavior
If you use our Services, you must follow the orders and instructions of the Fuerte Tribu Instructors. In the event of irresponsible behavior, such as risks to the physical integrity or image of other customers or Fuerte Tribu, you may be excluded from the purchased Services without prior notice and without being entitled to a refund of the total amount incurred by them.
2.4 In the case of minors
In the event that a minor under the age of 18 purchases the Services, a written and signed authorization from a parent and/or guardian is required and must be sent via email to info@fuertetribusurf.com at least 2 days prior to the Service Start Date. Fuerte Tribu reserves the right, in its sole discretion, to provide its Services to minors under the age of 18 in the absence of required documentation.
3 User Conduct
The User understands and agrees to be solely responsible for compliance with any laws, regulations, regulations and tax obligations that may be applicable to the use of the Service and contents. In relation to the use of the Service and content by him/her, the User agrees to use the Service and contents exclusively for the purposes that are expressly authorized by these Terms.
Fuerte Tribu has the right to investigate and pursue legal proceedings in the event of a violation of any provision of these Terms to the maximum extent permitted by law.
Fuerte Tribu may access, store, and disclose your information if required to do so by law, or if you believe in good faith that this is reasonably necessary to respond to complaints against Fuerte Tribu or comply with procedural orders, implement and manage our agreements with users. You acknowledge that Fuerte Tribu has no obligation to monitor access to or use of the Website, the Service or Content on your behalf, or to analyze or modify any User Content, but you have the right to do so in order to administer and improve the Site and Services (including, for example, fraud prevention purposes, risk assessments, customer support), to ensure compliance with these Terms by you, to comply with applicable law or an order by a court, administrative agency, or other governmental agency to respond to content that it otherwise deems objectionable or as otherwise provided in these Terms. Fuerte Tribu reserves the right, at any time and without prior notice, to remove or disable access to Content that Fuerte Tribu, in its sole discretion, deems unacceptable for any reason, in violation of these Terms, or that is harmful to the Site or services.
If during our Services you believe that someone is acting or has acted inappropriately, including, but not limited to, someone who (i) engages in offensive and violent or sexually inappropriate behavior, (ii) the suspect has stolen, or (iii) engages in any other harassing conduct, you must immediately report it to the instructor or Fuerte Tribu’s representative or via info@Fuertetribusurf.com mail;
4. Booking method
Bookings must be made by email (info@fuertetribusurf.com) or our website (www.fuertetribusurf.com) or by phone (+34 622 79 16 42) or by WhatsApp (+34 622 79 16 42). In all forms of bookings, they involve filling out a form with the personal data of each user of the service. This form will be used by Fuerte Tribu in order to close the accident insurance and manage the booking in the best possible way.
Once you have chosen the Service, and sent the forms with the necessary information, it will be necessary to finalize the payment by providing the requested data.
The reservation is valid when, depending on availability, you will receive an email or WhatsApp notification from Fuerte Tribu with the confirmation of the reservation and the receipt of the required deposit.
5. Payment method
To complete the reservation, it is necessary to pay 50% of the total of the selected service.
The balance, or the remaining 50% of the total amount, must be paid locally at check-in, or on the first Day of Service.
The payment method is bank transfer, credit card (exclusively through the site), PayPal account (PayPal commissions will be added to the total amount paid), and cash. The latter payment method is valid only on the site.
6. Cancellation Policy
Cancellation of the reservation is possible at any time and must be communicated in writing via email (info@fuertetribusurf.com) and/or through WhatsApp and will be valid on the day it is received by Fuerte Tribu. Our cancellation policy is as follows:
– In case of restrictions directly caused by Covid-19 (flight cancellations, border closures, lockdown etc.), the guest receives a refund equivalent to the total deposit (100%);
– For cancellations made within 60 days prior to the start date of the Service, the guest receives a refund equal to the total deposit;
– For cancellations made between the 59th day and the day of the start of the Service, the guest does not receive any refund of the deposit. You will receive the total deposit in case cancellations are made for medical reasons and demonstrable with the appropriate documentation signed by the responsible doctor.
7. Privacy and cookies
For full information about the privacy policy and cookies, please refer to the respective dedicated sections on our website. The Website and Services may contain links to third-party websites or resources. You acknowledge and agree that Fuerte Tribu is not responsible for: (a) the availability or accuracy of such websites or resources; or (b) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Fuerte Tribu of such websites or resources or the content, products, or services available from such websites or resources. You accept sole responsibility for, and assume all risks arising out of, your use of such websites or resources or the content, products, or services available from such websites or resources.

8. Ownership and Copyright
All trademarks, service marks, logos, trade names, and any other proprietary designations of Fuerte Tribu used herein are trade names or trade names registered by Club Deportivo Fuerte Tribu. All other trademarks, service marks, logos, trade names, and any other proprietary designations are trade names or registered trade names of their respective parties.
The Site, Services, and Content are protected by copyright, trademark, and other laws of Spain, the European community, and internationally. You acknowledge and agree that the Site, Services, and Content, including all related intellectual property rights, are the exclusive property of Fuerte Tribu and its employees. You will not remove, alter, or obscure any copyright-related information, trademarks, service marks, or other proprietary rights information incorporated in or present on the Site, Services, or Content.
9. Liability and Indemnification
Fuerte Tribu is responsible for the proper design and delivery of the Services we offer on the terms described on our website.
You acknowledge and agree that, to the fullest extent permitted by law, the entire risk arising from your access to and use of the Site, Services, and related content and any contact you have with other users of Fuerte Tribu, both in person and online, rests with you. Neither Fuerte Tribu nor any other party involved in creating, producing, or publishing the Site, Services, and content shall be liable for any incidental, special, exemplary, or consequential damages, service interruptions, IT damages, or system malfunctions, or any damages related to personal or physical injury or emotional distress due to or related to these terms resulting from the use of or inability to use the site, the Services or the contents, from any communication, interaction, or meeting with other users of the site, or the Services, or with others with whom you communicate or interact as a result of your use of the site, the Services, regardless of whether such damage is based on warranty, contract, tort (including negligence), product liability, or any other source of liability and whether or not Fuerte Tribu has been advised of the possibility of such damage, even if a limited remedy herein fails to achieve its essential purpose.
For all surf lesson services, Fuerte Tribu’s liability is limited to a maximum of €1200, depending on the case of an accident, as long as the damage has been caused by it. Fuerte Tribu is not responsible for circumstances caused by weather conditions and no refund will be given due to the same. If you choose to use the Site, Services, or Content, you do so at your sole risk. No advice or information, whether oral or written, obtained from Fuerte Tribu or through the site, Services, or content, shall create any warranty not expressly given herein. You agree to release, defend, hold harmless, and hold Fuerte Tribu and its affiliates and subsidiaries, as well as their employees, directors, employees, and agents harmless from any and all claims, liabilities, damages, losses, and expenses, including, but not limited to, reasonable legal and accounting fees, arising out of or in any way related to (a) access to or use of the Site, the Services or Content by you or your violation of these Terms; (b) your User Content; (c) interaction with any User, (d) any of the following actions taken by you (e) booking or using a Service, including, without limitation, any injury, loss, or damage (for damages, direct, incidental, consequential, or otherwise) arising in connection with, or resulting from, the use of the site or the Services and content.
Fuerte Tribu makes no warranty that the site and services, including but not limited to, will meet your requirements or be available on a continuous, secure, and error-free basis. Fuerte Tribu makes no warranties regarding the quality of any accommodations, services, or content, or the accuracy, timeliness, truthfulness, completeness, or reliability of any collective content obtained through the site and services.
No advice or information, whether oral or written, obtained from Fuerte Tribu or through the Site, Services, or Content, shall create any warranty not expressly given herein. You are solely responsible for all of your communications and interactions with other users of the Site or Services and with others with whom you communicate or interact as a result of your use of the Site or Services, including, but not limited to, the following. Fuerte Tribu makes no representations or warranties regarding the conduct of users of the Site or Services or their compatibility with any current or future users of the Site or Services. You agree to take reasonable precautions in all communications and interactions with other users of the Site or Services and with others with whom you communicate or interact as a result of your use of the Site or Services.
10. Complaints
Fuerte Tribu makes available to its customers the complaint forms, which comply with the model approved by the Ministry responsible for tourism, at its headquarters located at Calle Marrajo 7/9, Corralejo (La Oliva), from Monday to Friday from 10:00 a.m. to 3:00 p.m. Fuerte Tribu will deliver its complaint forms to its customers when they request them, will fill in the entire data box to be completed by the company and will provide the explanations and data necessary for its proper completion. The claimant must keep the green copy in his possession for the purposes of its record, and will send the original (white copy) to the Ministry responsible for tourism. The claimant may attach to the original copy the evidence or documents that he or she deems necessary. In the event of complaints about prices, the presentation of the invoice will be mandatory.
Within a period of one month from the day of the complaint, the Fuerte Tribu Sports Club will send the blue copy to the Ministry responsible for tourism, keeping the pink copy.
If you wish to file a complaint online, please send an email to info@fuertetribusurf.com with your personal details, stating the reason for the complaint. Upon request, we will send you a complaint form by regular mail.
The European Commission makes available to consumers residing in the European Union a website where complaints regarding their online purchases can be processed. http://ec.europa.eu/odr
11. Governing Law, Jurisdiction, and Dispute Resolution.
These Terms shall be construed in accordance with the laws of the State of Spain, without regard to any conflict of law provisions. You and we agree to submit to the personal jurisdiction of a court located in Spain, any action by which the parties reserve the right to seek a writ of caution or other similar provision in a court of competent jurisdiction. You and Fuerte Tribu agree that any dispute, claim, or dispute arising out of or relating to these Terms or to their violation, resolution, enforcement, interpretation, and validity or use of the Service or use of the Site is the competent forum of Las Palmas de Gran Canaria.

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