Terms of use

This Agreement was last modified on June 18, 2019.

Please read these Terms of Use ("Agreement", "Terms of Service") carefully before using www.surfgwada.com ("the Site") operated by Surf Gwada LLC (hereinafter referred to as “Surf Gwada”, "us", "we", "our", “team”). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.surfgwada.com.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement.

Ownership of the Site

The Site, all Content and Features on the Site are and will remain the exclusive property of Surf Gwada and its partners. Any feedback, comments, or suggestions you may provide regarding Surf Gwada, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

Privacy

Our Privacy Policy (https://surfgwada.com/surfgwada-privacy-policy) describes how we handle information you provide to us when you use our Site.

Use restriction

You may only use this Site to purchase the products/services offered by Surf Gwada, and shall not use this Site to make any speculative, false or fraudulent Purchases. You may not use any automated means to access this Site, unless specifically permitted by Surf Gwada. You represent that you are of sufficient legal age to create binding legal obligations for any liability you may incur as a result of your use of this Site. 

It is a violation of law to place a Purchase in a false name or with an invalid credit card. Please be aware that even if you do not give us your real name, your Web browser transmits a unique Internet address to us that can be used by law enforcement officials to identify you. Fraudulent users will be prosecuted to the fullest extent of the law.

Permission is granted to electronically copy and print, in hard-copy, portions of this Site for the sole purpose of using this Site as a shopping resource. Any other use of materials or Content on this Site, including reproduction for a purpose other than that noted above without Surf Gwada’s prior written consent is prohibited.

Termination

User access to all or part of this Site may be terminated or suspended at any time, without notice and for any reason.

Links To Other Sites

Our Site may contain links to third-party sites that are not owned, related or controlled by Surf Gwada, its employees or agents.

Surf Gwada has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party sites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party site that you visit.

Limitation Of Liability 

Surf Gwada and its respective owners, employees, agents, representatives, independent contractors, tour guides, affiliates or providers, and assigns (collectively, the "Covered parties"), accept no liability whatsoever for any injury, death, damage, loss, claim, accident, act of god, delay, any incident which may be caused by the negligence, defect, default of any company or person in performing tour guiding, sightseeing, excursions, any other activities connected with Surf Gwada services (“tours”, “itineraries”, “trips” ). Responsibility is not accepted for losses, injury, damages or expenses of any kind due to sickness, pilferage, labor disputes, machinery breakdown, quarantine, government restraints, weather, strikes, hostilities, wars, terrorist acts, acts of nature, local laws or other such causes. Surf Gwada is not responsible for any baggage or personal effects of any individual participating in the tours or trips arranged by Surf Gwada. Individual travelers are responsible for purchasing a travel insurance policy, if desired, that will cover some of the expenses associated with the loss of luggage or personal effects. 

The tour participants (“you”, “yourself”, “participants”, “clients”) recognize and assume the risks of travel and fully and forever release Surf Gwada, the specific tour guide(s) leading the tour and all other related, affiliated, associated or otherwise connected corporations, limited liability companies, partnerships, individuals and other entities and all of their Covered parties from any costs (including, but not limited to, actual legal costs), claims, demands, actions, causes of action and liabilities whatsoever for any and all losses regardless of severity, damages, death or injuries to persons or loss of property, which may be sustained in connection with or in any way relating to this trip, tour, excursion, or sightseeing, due to any cause or reason whatsoever including, without limitation, the reckless, willful or negligent actions or omissions of the Covered parties. 

Under no circumstances will Surf Gwada be liable to you for any indirect, incidental, consequential, special or exemplary damages arising from any provision of this Agreement or from the provision of any tours or other services purchased from the www.SurfGwada.com website. Furthermore, the TOTAL liability of Surf Gwada arising with respect to this Agreement shall in no event exceed the total amounts paid by you to Surf Gwada under this Agreement. 

No Warranties

You expressly agree that the use of this Site is at your sole risk. All products, services, advice, merchandise and information available through this Site is provided on an "as is" and "as available" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Surf Gwada, its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.

Changes To This Agreement 

We reserve the right, at our sole discretion, to modify or replace these Terms of Use by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use.

Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately.

Third Parties

If you use this Site to submit Purchases for or on behalf of a third party ("Third Party"), you are responsible for any error in the accuracy of information provided in connection with such use. In addition, you must inform the Third Party of all Terms and Conditions applicable to all products or services acquired through this Site, including all rules and restrictions applicable thereto.

Indemnification 

You agree to defend, indemnify and hold harmless the Covered Parties from and against all claims and expenses, including attorneys' fees and costs, arising out of your use of the Site and/or your breach or alleged breach of any term, condition, obligation, representation or warranty in this Agreement. 

Terms of Payment

Deposits:

1.    A 50% deposit for all trip packages within 5 business days after booking has been processed

2.    Deposits are non-refundable but may be used towards a future trip. (Must be used within two years from date of receipt).

Payment:

1.    Final Payment is due at minimum 30 days prior to arrival date and is non-refundable if canceled 14 days before the arrival date. For bookings made inside the 30 day period full payment is required within 5 business days after booking confirmation.

2.    Payments may be paid by cash, personal check, PayPal, credit or debit card, cryptocurrencies. Credit or debit cards will have a 3-5% surcharge added to cover processing.

3.    Any form of payment constitutes acceptance of the Terms of Use stated on this site.

Cancellation Policy:

Cancellation of a trip must be made within 30 days of your departure date. There are no refunds or partial refunds given for early departures from a designated charter, poor surf, or inclement weather. In addition, there are no refunds given for reasons pertaining to unstable global, national, or local political situation that does not directly pose a threat to the safe operations of our trips.

Wind, wave, and weather conditions

Surf Gwada is not responsible for wind, wave and weather conditions during your stay, and will have the right to cancel surf, snorkeling lessons, guided trekking tours, or any other activities, if wind, surf and weather conditions make it impossible or unsafe to run tours as planned. Instructors and guides working for Surf Gwada will have the full right to make decisions about whether the conditions are appropriate for the experiences. You cannot claim a refund because of weather conditions. 

Equipment rental liability

When renting equipment, the person renting the equipment is personally responsible for the equipment, and for delivering the equipment damage free. Surf Gwada is not responsible for the use of the equipment or the surf conditions. The use of the equipment is strictly at your own risk.

Travel Insurance:

Travel Insurance is strictly advised on all of our trips for your safety.

Miscellaneous:

The captions in this Agreement are only for convenience and do not, in any way, limit or otherwise define the terms and provisions of this Agreement.

None of the Covered Parties are responsible for any errors or delays in responding to a Purchase caused by an incorrect email address provided by you or other technical problems beyond their control.

Contact Us 

If you have any questions about this Agreement, please contact us at support@surfgwada.com.